Article annotation. “Sources of Human Rights Law: Custom‚ Jus Cogens and General Principles” by Brunno Simma and Philip Alston. Topicality The issue of establishment‚ authentication and protection of human rights and freedoms is of significant prominence nowadays. The adoption of the Universal Declaration of Human Rights and of subsequent Covenants in 1948 and 1966 respectively‚ the establishment of the European Court of Human Rights‚ Inter American Court of Human Rights and African Court
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Sources of Contemporary Australian law Common law British origins‚ including: Development of common law The Australian legal system developed from the legal system of Britain‚ which was brought to Australia as part of the process of Britain setting up a colony in Australia‚ beginning in the year 1788 with the arrival of the First Fleet. Therefore‚ in order to determine the nature and development of the Australian legal system‚ it is necessary to investigate its British origins. The common law
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Constitutional Law Outline – Abrams – Fall 2004 I. History and Text – The Power of Judicial Review A. Constitution – is a general charter and a limitation on Federal Power‚ 13-15th are limits on state power as well. B. 3 Parts to this Course: Judicial Review‚ Individual Rights‚ and Structure of Government C. Constitutional Framework/Outline: 1. Article I – Congress [10 Sections within this Article] a. Section 8 – [1]“The Congress shall
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to its full impact. The scope of the change to the UK constitution that has been instigated by it and other European Court of Justice decisions has been conceptualised as ranging from a ‘legal evolution’ to ‘revolution’. Although some theories are more convincing than others‚ each faces its own weaknesses. However‚ notwithstanding the conclusion of this particular speculative debate‚ the processes of European integration has undoubtedly quickened the pace at which UK Parliament and courts as part
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Various Primary Sources of American Laws Gary Craddock Everest University Online Abstract There are various sources of American Law Primary sources of law are sources that establish the law and are in enforced by the controlling authority (the government’s) of a society. They consist of case law and common law doctrines‚ the U.S. constitution and the constitution of various states‚ statutory law including laws passed by Congress State legislature and local governing bodies‚ regulations created
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English Law (Common law) Common Law is a major part of many States‚ especially Commonwealth countries. The common law is based on the principle of deciding cases by reference to previous judicial decisions‚ rather than to written statutes drafted by legislative bodies. The decisions came from English Common Law courts and are essential case law made by English judges. It is based on tradition‚ past practices and legal precedents set by courts through interpretation of statues‚ legal legislation
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Law Enforcement Angela Primiano CRJ 201 Instructor: Donald Mason January 13‚ 2012 Every society has rules to go by and laws that must not be broken and along with that is the criminal justice that even gives the criminal rights. Criminals in the United States are to be given their rights and not to have harm to them in any way under the justice system as they may be freed from their prosecution and their case be acquitted if found in their favor if an act of unjust or immoral conduct
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Constitutional Law II Professor Peter J. Smith Fall 2011 Outline Introduction Background 1. Originalism v. Non-Originalism a. Originalism i. Characteristics 1. Historical inquiry. 2. Original meaning of Constitution; intent of Framers; application by first Congress is authoritative. ii. Scalia is a big proponent. 3. Liberals‚ e.g.‚ Stevens‚ occasionally employ originalist methods. iii. Criticisms
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Employment Law Outline General Theme for Regulating/Not Regulating: Structure of Legal Responses to Problem 1. Economic Rational a. Inefficient for government to intervene b. People best at knowing what they want (rational beings) 2. In balance of information between employer/employee (safety) 3. Power inbalances a. Employees may have no other options (captive) b. Employers have more power in general 4. People are irrational‚ don’t know what is best for them 5. Social cost to society from “rational”
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I. Introduction to Property Law (1-12) Restatement View of Property 1. The legal relations between persons with respect to a thing. a. Thing may be an object with a physical existence or an intangible object. 2. Bundle of Sticks – each stick represents a right a. Posses‚ use‚ manage‚ consume‚ destroy‚ modify‚ alienate‚ etc Classical Perspectives 1. Occupation - one of the natural modes of acquisition a. Taking possession of property of no man with the intention of keeping it (sometimes
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