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use of declaratory power in light of the arguments forwarded by Lord Cockburn
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- Words:
- 2352
- Submitted:
- Mon Oct 05 2009
- Mark submitted by Author:
... In this essay I will start by defining crime. I will then use case law to illustrate the use of declaratory power in light of the arguments forwarded by Lord Cockburn. I will move on to explore the origins of the declaratory power by citing relevant texts on Scots law, as well as discussing the arguments for and against use of this power. I will also illustrate how judges use their discretion in ensuring immoral acts are brought to justice. While discussing the development of Scots law I will move on to consider the effects of codifying criminal law by examining the draft criminal code, analysing articles on codification; then, finally, explain why, it is unlikely that this power will be used again in the future to create new crimes. Crimes are defined as acts or omissions that the supreme authority in the state wishes to prevent or suppress. A common
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