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Essays in English Legal System category

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Essay Title Rating
"Few guidelines for the determination of individual cases, the facts of which are never replicated, have stood so long in our family law."
Not rated
"For my part, I do not think that the time has yet arrived when it is possible to state the law in a way which will deal with all the practical problems which may arise in this difficult field, consistently with everything said in the cases." - Discuss
Not rated
"In developing the doctrine of supremacy of European law, the European Court of Justice acted in a manner that was not only justified, but moreover indispensable to reach the fundamental objectives the Member States had agreed upon in the Treaty of Rome"
Not rated
"It would be regrettable if a court had come to the conclusion that in a situation where the need for intervention of the court had been established that intervention was prevented by rules as to standing." (Woolf LJ in R v A-G ex p ICI 1985)
Not rated
"Judges, when deciding cases…may be influenced by policy consideration and their own view as to what would be the best policy for the law to adopt".
Not rated
"Judging cannot be described as an art or a craft since all a judgedoes is follow precedent and apply the law to the facts of the case
5 out of 5 stars
"Judicial Precedent must be followed even if a judge thinks that the decision is wrong", discuss.
Not rated
"Law is a plural phenomenon, so we require a plurality conscious-legal methodology and legal theory to analyse all of its dimensions"
Not rated
"Law is a seamless system with its own autonomy. It provides one correct answer to any cases, difficult or not, by application of its rules, precedents, principles and spirit" analyze and give opinion.
Not rated
"Laws of sexual violence offer no unique insights about the nature and operation of criminal law".
Not rated
"Looking at the rules alone is inadequate - It assumes that judges actually do adjudicate in the way in which the rules say they should" - Discuss with reference to the 'rules' and examples of the operation of precedent and statutory interpretation.
4 out of 5 stars
"Morality and Criminal Law are inherently connected. It would not be possible to separate them even if it were thought to be a good idea in principle." Discuss
Not rated
"One of the hallmarks of any good decision-making process is consistency: judicial precedent helps to ensure this." - Discuss
Not rated
"Public order has always been an area in which governments have been tempted to assert their authority by responding to particular events with legislation … "
Not rated
"Should Fiscal and Trusts Law Privileges be separated?"
Not rated
"Sir Thomas Maitland is historically considered 'an autocratic ruler'. However, he is known for his important legislative reforms. Comment."
Not rated
"The decisions in Brown, Wilson, and Emmett show that, in criminal law at least, the principles of precedent and statutory interpretation do little to stop the higher judiciary developing the law as they wish." Discuss.
Not rated
"The greater political significance of the judiciary in the USA compared with the UK is due to its role as an interpreter of the constitution" Discuss.
4 out of 5 stars
"The law relating to Mens Rea of murder has now become settled through a series of judicial decisions which, taken together, have made it unnecessary for parliament to legislate on the matter." Critically consider the truth of this statement.
4 out of 5 stars
"The need for an independent judiciary is recognised throughout the free world. It is a cornerstone of British constitutional arrangements, for without judicial independence there can be no rule of law."
3 out of 5 stars
"The orthodox doctrine of the Sovereignty of the UK Parliament has been fundamentally displaced by accession to the European Union." Discuss.
Not rated
"The sources of governmental power in the United Kingdom are, by their nature and substance, quite undemocratic - discuss".
Not rated
"There is a critical difference between killing recklessly and killing by gross carelessness, and the law must respect and acknowledge this difference." Discuss.
Not rated
"There is no such thing as the intention of Parliament .The concept is a convenient fiction necessary to make sense of the statute". Discuss.
Not rated
"There is one right answer for every legal question". Discuss.
Not rated

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