"The concept of the Rule of Law as defined by Dicey still remains valid : it provides a measure against which we can judge the attitudes and actions of Parliament, Government and the courts"
Dissertation - 5 pages - Droit européen
The rule of law is often expounded as a pillar of the English Constitution. It was described by Lord Bingham as "the second great rock on which [Dicey?s] constitutional edifice was founded". It was referred to as a statute for the first time, in the Constitutional Reform Act 2005, as an "existing...
The United States and the International Criminal Court: How valid are the US arguments for not joining the International Court ?
Dissertation - 11 pages - Droit international
A new jurisdiction in the history of international accountability of human rights is being set up, but with a limited action which makes it different than a world court. In this document we will analyze the justifications for the lack of commitment by the United States of America towards the ICC...
"Post-parliamentary strategies need, therefore, to be recast as complements, rather than substitute, for parliamentarism at Union level" (Lord and Beetham). Discuss
Dissertation - 8 pages - Droit européen
The rejection of the Constitutional Treaty by the French and Dutch citizens in the referendum of spring 2005 has caused a revival of the EU's legitimacy issue. It was also evidence for the fact that both the continuous strengthening of the European Parliament's powers one the one hand...
United Kingdom Immigration Laws, asylum laws and anti terrorism Laws
Dissertation - 5 pages - Droit international
In recent years, public attention has been focused on asylum seekers, but their numbers have fallen sharply. They are now less than 40,000 a year of whom only a quarter are given permission to stay in Britain, yet only one in five is actually removed. Meanwhile, other forms of immigration have...
Regulations: Direct applicability and Direct effect
Dissertation - 8 pages - Droit européen
Article 249 of the European Community Treaty provides that Regulations shall be directly applicable in all Member States. Does this mean that they are also necessarily directly effective? As notices Josephine Steiner , this question is of paramount concern to EC lawyers. If a provision of EEC law...
Freedom of expression, a right between inviolability and flexibility
Dissertation - 7 pages - Droit européen
The freedom of expression is one of the things that calls for conflicts. It is not permitted in the dictatorship in order to speak about everything. It is observed that very many subjects are forbidden. An example of a forbidden topic is the critical opinion on the power, on religion. The...
Discuss the use made by the European Court of Justice of Articles 10 and 249 EC (ex Articles 5 and 189) to increase the effectiveness of Community law for individuals
Dissertation - 9 pages - Droit européen
International Law, by its nature binds the State in its executive, legislative, and judicial activities, and no international tribunal would permit a respondent State to plead provisions of its law or constitutions as a defence to an alleged infringement of an international...
Consistence between the English Criminal Justice and Article 6 of the European Convention of Human Rights
Dissertation - 8 pages - Droit pénal
The United Kingdom was one of the original parties to the European Convention of Human Rights and Fundamental Freedoms (ECHR). States which contract into the ECHR are obliged to secure the enjoyment of Convention rights for their citizens. Sometimes positive actions may be required as...
Privacy and surveillance society in the UK
Dissertation - 4 pages - Droit international
"We live in a surveillance society ". This is the opening sentence of the Report on the Surveillance Society for the Information Commissioner published in September 2006. It states that Everyday life in the U.K. is monitored through the use of credit card, mobile phone, travel cards, loyalty card...
Advanced legal search and writing on the case of Gregg v Scott [2005] U K H L 2 and a discussion on the concept and outcome of including a so called Romalpa Clause in a contract as a form of security for a debt
Étude de cas - 9 pages - Droit international
A lot of people don't recognise writing is a craft. You have to take your apprenticeship in it as in anything else. What is true for an author is true for a lawyer. Legal Research and Writing is indeed a subject one has to apprentice in, in order to be able to later practice it...
Democracy in the US Constitution: Representation and the Balance of Powers
Dissertation - 2 pages - Droit constitutionnel
Although the US Constitution intended to ensure the principles of equal representation and freedom of political expression, the imperfect process by which the document was created resulted in various undemocratic principles that are contrary to the spirit of the given prompt. The...
Comparative Criminal Law: comparison between the French and the American system by studying Brenton Butler case
Dissertation - 2 pages - Droit international
In this document, we present the Brenton Butler case, where Mary Ann Stephens, who was a holiday, is shot in the head in front of her husband. Later, Brenton Butler, a 15 year old Black citizen, was arrested just because he was in a street near the place of crime and it was confirmed that...
Les contrôles de l'exécution du budget communautaire
Dissertation - 5 pages - Droit international
L'actualité de la fin de l'année 1998 et du début de 1999 (scandales financiers ayant abouti à la démission de la Commission) a particulièrement mis (ou remis) en lumière la question des contrôles de l'exécution du budget de la Communauté. Comme en droit national, la distinction en matière...
L'administration française et le budget européen
Cours - 7 pages - Droit européen
Cours établi en deux parties (relativement l'organisation de l'administration française dans le suivi du budget de l'UE et l'organisation de l'administration française dans la protection des intérêts financiers de l'UE) traitant des sujets précédemment cités....
U.S. law - Examples and cases of violations of Article 82 (abuse of dominant position)
Fiche - 2 pages - Droit européen
Article 82 of the consolidated version of the 1997 EC Treaty, prohibits the abuse of dominance by one or more companies located in the EU or in a substantial part of it. In order to be considered, this abuse must affect trade between the member states. Article 82 is currently being reviewed by...
Introduction to torts and the nominate torts
Dissertation - 3 pages - Droit des obligations
The word ?torts' is used to denote many civil wrongs. A tort is defined in formal terms as a civil wrong which gives rise to an action for damages, other than the one which is exclusively breach of contract or breach of trust or other equitable obligation. As common law, the law of torts grew...
Management de l'entreprise et stratégie d'entreprise
Cours - 31 pages - Droit des affaires
La PGE (politique générale d'entreprise) ou MSE (management stratégique de l'entreprise) est une science qui s'applique à toutes les organisations, désigne autant les entreprises qui font du profit que les communautés qui ne font pas de profits comme certaines écoles ou...
Consider the extent to which international law is law, or 'really law' or 'law properly so-called' with reference to legal and other theorists
Dissertation - 7 pages - Droit international
Charlotte Ku and Paul F. Diehl noticed that at first sight, ‘International' and ‘Law' sound contradictory: “how can one imagine a structured and developed legal system functioning in a political environment that is diffused, disparated, unregulated and...
A critical analysis of the provisions made in family law for homosexual couples in Scotland and France with particular reference to adult relationships
Dissertation - 7 pages - Droit pénal
The Homosexuality is not anymore a painful problem and in our days people speak easily about their homosexuality. The Homosexuality is severely condemned in sacred texts that approach questions link to procreation, the family model, filiations and for which, homosexuality is...
Human rights - Beyond the universalistic / relativistic paradigm: how to promote a common and cultural-sensitive approach ofmoral principles
Dissertation - 14 pages - Libertés publiques
This article underlines the limitations of the relativistic/universalistic paradigm in regard to the human rights qualification. It defends a third path which consists in a genuine intercultural dialogue, taking into account local specificities in order to promote common moral principles. The...
The relationship between investment law and the human right: present provisions and proposals for the future
Dissertation - 9 pages - Droit international
Since 1945, the investment law became more and more important with the development of the transnational corporations and the direct investments abroad within the framework of the globalization of flows of capital. The relationship with the countries of the South sets a major problem...
The Objectivity and Universality of International Human Rights Law : Two of its Utopian Claims ?
Dissertation - 9 pages - Droit international
The question of human rights and their consequences in the natural and objective scenarios are relative to the cultural context in which they arise. In this document, we will demonstrate how even if the instruments of Human Rights international Law try to defend a universal...
The protection of women under human rights law, international criminal law and international humanitarian law
Dissertation - 6 pages - Droit international
International Women's Day is on the 8th of March. It is a day for women to remember "nine decades of struggle for equality, justice, peace and development?. It is also an opportunity to look at the advances made in the protection of women. Women are all different but the group "women"...
The clash of universalisms, Corporate abuses of human rights and international corporate responsibility
Dissertation - 14 pages - Droit international
Economic History is a discipline not so distant from Law when it comes to understanding the complexity of relations mingling with the power of National States expressed by their faculty of producing law within a territory, and that of commercial enterprises. French economic historian...
Essay: Poverty and Global Justice
Dissertation - 17 pages - Droit international
Pregs Govender is a deputy from the South African Human Rights Commission deeply implicated in Human Rights issues in South Africa. She strongly highlighted the urgency of the situation in South Africa concerning poverty by affirming that « Sixteen million people, mostly woman, in rural areas...
The discussion of Hart and Fuller
Dissertation - 7 pages - Histoire du droit
Natural law has to explain the nature of morality. The natural law view believes that the creation of law should be based on natural laws or common morals. Laws are based on purpose, not on meaning of the words. Natural lawyers do not separate law and morality, since an unjust law is not a...
Conflict of laws and Crossborder litigation - The slavery issue and the conflict of laws
Dissertation - 6 pages - Histoire du droit
In the field of the conflict of laws, slavery is often perceived as the most difficult question which the courts had to face. Indeed, it is hard to have an indifferent view on the issue, as it involves matters of philosophical, humanitarian, moral, political and economic considerations,...
Human Rights and Universality
Dissertation - 13 pages - Droit international
We'll see that a mediate position can be found between what Donnelly has identified as radical cultural relativism (a) and radical universalism (b). Thus, it seems that a cross-cultural consensus can be found on the universality of some basic rights contained in the UDHR, whereas some...
The Relationship between international law of human rights and international law applicable to armed conflict
Dissertation - 9 pages - Droit international
In the modern scenario, the protection of human rights has found its rightful place in international law. It has been a revolutionary reform, as it had no significant place a few decades ago. The international law applicable to armed conflicts (also called international humanitarian law)...
Contracts and tort law - Causation and loss of chance
Dissertation - 10 pages - Droit des obligations
When it comes to tort or contract litigation in the aim of obtaining damages, the most important aspect to take into account is the issue of causation. Indeed, without proving a causal link between the defendant's action and the claimant's harm, no liability can be held. This rigor is a...
