Essays on House Of Lords

Lord Gardiner’s statement is a wonderful example of legislators recognizing that precedent may stifle the appropriate outcome in a legal dispute. Comparisons can be made between other Western countries; for example, the US Supreme Court has reversed precedent that it set itself decades prior, such as the landmark case Brown v. Board of Education. Just like these countries, Lord Gardiner believed that Britain should not limit itself to decisions based solely on decisions in the past because the modern day situations that arise often require a more complex and systematic methodology for determining justice. In addition, but not ...

There has been increasing awareness of the role of waste in the production of greenhouse gas emissions and its impacts on climate change. Diminishing natural resources has led to the recognition that what is discarded as waste has the potential to be reused as resources. Governmental legislation on prohibiting toxic materials and prevention and control of the volume of waste has helped in decreasing adverse environmental effects. There is a growing public awareness about waste prevention and its beneficial effects. The society has to replace the linear model of extract-produce-consume-dispose to closed Loop's approach of resource recovery and waste ...

As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...

ANSWER TO QUESTION 1

Introduction Biotechnology is an innovative field where biological processes are applied for the provision of genetic manipulation for microorganisms for the production and commercialisation of antibiotics and hormones amongst others. Biotechnology is a process whereby scientists use various aspects of technology to modify genes and microorganisms of living things in order to attain specific goals in the organism in which it is done. The preliminary elements of this course has shown that biotechnology is carried out in both applied and pure research. In applied research, biotechnology is used for the provision of various solutions like medicines, treatment for incurable ...

The Courts’ Discretion under Section 25 Of The Matrimonial Causes Act

Introduction The Matrimonial Causes Act empowers Courts to make a wide range of orders pertaining financial provision related to divorce proceedings. One of the most instrumental segments that make this possible is Section 25 of the Act. This paper intends to evaluate the stipulations of the section thoroughly and make a critical evaluation of whether the provision gives room for Judicial discretion which is unfettered. The paper will seek to account for the discretion given to Courts by dint of this Section in light of decided cases and commentary that has been made on the same by highly qualified ...

Introduction

There are several sources of law available in the legal practice, while the role of the judicial precedents is the most important one in the common law systems as the United Kingdom. In fact, all legal systems attempt to follow previously accepted judicial opinions as judicial precedents for creation the similar pattern around the dispute or particular case. In terms of the legal framework existing in the United Kingdom, the notion and nature of the judicial precedent should be considered as this particular jurisdiction is familiar with the doctrine of the binding precedent as the source of law and ...

INEQUALITY IN BRITAIN

Introduction Social stratification is about the different social classes and relative positions of social groups within a given country or community. In most societies, it has to do with the level of wealth each social category yields, but there are several concepts and theories that relates to it. This includes level of education, norms, social activities and preferences as well as the expectations society places on certain people within each class which leads to taste and the formation of identities. As a result of this, there is the famous “Top 1%”, the upper class, the upper-middle, the middle class, ...

Article 8 of the Human Rights Act1998 (HRA) provides that every citizen has a “right to respect for” their private life, their family life, their home and their correspondence” (HRA). Generally speaking, Article 8 provides for the enjoyment of a general right to privacy. More specifically, Article 8 states that no public authority will interfere “with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society”. In Catriona’s case, what Article 8 means is that the Metropolitan Police, as a public authority is per se prohibited from ...

Constitutional Development

The distinctions between the United States and other countries in the globe have been a fascinating subject for many scholars, dating back to the French political thinker Alexis de Tocqueville, who described America as an exceptional region in the early 19th century. Nearly two centuries later, work ethics and individualism in the country stand out from the rest of the planet. However, this particular essay looks at the leadership system in the United States. For the articulate development of the political and social ideologies in the nation, a comparison is created between America and the United Kingdom. The federal ...

Introduction

Parliamentary sovereignty is one of the most sensitive subjects on the United Kingdom legal and political agendas. Since the monarch of the country was made subordinate under the United Kingdom unwritten constitution, numerous questions regarding the ability of Parliament to adopt the acts of supreme legal force has been regularly contested. In particular, there is a strong division among the UK legal scholars in this regard. While the first group strongly believes that the Parliament of the United Kingdom is not confined by anything and anyone, others are the staunchest advocates of the idea that the Parliament’s powers ...

Introduction

Parliamentary sovereignty is a system of governance, which denotes that Parliament is the supreme legal authority with the sole capacity to make or end any law. The relationship between Parliament and other arms of government go as far as they do not interfere with or overrule legislations passed by Parliament. The concept of supreme Parliament was discussed by the AV Dicey in his 19th-century book “The Law of the Constitution (1885, p. 39-40).” In his view, Dicey believed that Parliament has unlimited power under the English constitution to make or unmake law in whichever way it deem fit and ...