Renascence Islam
Law
UK Parliamentary Sovereignty: the HRA and the EU
Monday, 02 December 2013 14:14

THE IMPACT OF THE HUMAN RIGHTS ACT 1998 AND THE UNITED KINGDOMS MEMBERSHIP OF THE EUROPEAN UNION ON PARLIAMENTARY SOVEREIGNTY: A BRIEF OVERVIEW

From a constitutional perspective A V Dicey describes Parliamentary Sovereignty in The Law of the Constitution (1885) as encompassing the following characteristics:

  1. Parliament is the supreme law making body and competent to legislate on any subject matter;
  2. No subsequent Parliament can be bound by its predecessor;
  3. Once Parliament has legislated by due process, no court or other authority can question the validity of that legislation.

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Common Law and Equity
Tuesday, 19 February 2013 14:15

Common Law and Equity: A Brief Historical Overview

Prior to the Norman Conquest of 1066, there was no unitary, national legal system. The Normans sought to address this through the development of the Royal Courts and the establishment of the common law that had their roots in the Kings Council (Curia Regis). The principle purpose behind this was essentially to assert and affirm their central sovereign power. A practice was started of sending judges around the country to hold assizes (sittings) to hear cases locally. Over time they took the best local laws and applied them throughout the land, thereby creating a law common to the whole country, hence the term common law.

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EU Law and Direct Effect
Saturday, 11 June 2011 02:55

The Community Treaties are the primary source of Community law and include chiefly the Treaty of Rome 1957 (European Community Treaty), the Single European Act 1986, the Treaty of Maastricht 1992 (Treaty on European Union), the Treaty of Amsterdam 1997, the Treaty of Nice 2001 and most recently the Treaty of Lisbon 2007.

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Non-Fatal Offences Against the Person
Friday, 27 May 2011 17:36

Assault


Definition: The Defendant commits an assault where he intentionally or recklessly causes the Victim to apprehend immediate unlawful personal violence.

Actus Reus: requires that there be some conduct on the part of the Defendant that causes the Victim to apprehend immediate unlawful personal violence. In Meade and Belt it was held that words alone will not suffice and that conduct required a physical act or gesture. But then in Ireland; Burstow the Defendants silence (silent phone calls) were held to amount to conduct. The case also confirms that mere words alone will amount to conduct as well. A similar position was taken in R v. Constanza (letters).

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