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Judicial Review of the Exercise of Public Power
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PUNISHMENT WITHOUT LAW: HOW ENDS JUSTIFY THE MEANS IN MARITAL RAPE
Get PDFIn marital rape cases, the appellate courts have either ignored or dismissed established principles of law: that Parliament is sovereign and alone can make new laws, and that the House of Lords cannot change laws in contradiction to the clear intention of Parliament. Now, the courts are developing a test of forseeability, that not only defeats the rule against retrospectivity but goes further to defy common-sense, thus proving, in this area of the law that, ends justify the means
A LEGAL ADVISOR’S RESPONSIBILITY TO THE INTERNATIONAL COMMUNITY: WHEN IS LEGAL ADVICE A WAR CRIME?
Get PDFPractically every attorney in every state of the United States of America takes an oath to uphold the US and that state’s Constitution. Upon taking the oath, most US lawyers become an officer of the court (“judicial officer”). As an officer of the court they are held to a higher standard of integrity and candor as is required by that state’s professional responsibility rules. As such, although an attorney is an advocate for his client, in some situations, an attorney must set aside his role as advocate and assert his role as judicial officer to maintain the integrity of the judicial system and uphold the US and state Constitution.The constant tension between an attorney’s role as judicial officer and advocate occurs because giving advice about the law an attorney’s main purpose and often that advice may further criminal conduct. However, as Professor Newman eloquently put it, “[n]either the status of ‘lawyer’ nor the obligation to provide access to the law should exempt lawyers from the criminal liabilities which face everyone else.
Access to the US Federal Courts: Only Interested Parties Need Apply?
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Chikwamba v Secretary of State for the Home Department [2008] UKHL 40
Get PDFUNHAPPY FAMILIES AND USE OF ARTICLE 8 FOR FAILED ASYLUM SEEKERSImmigration minister Phil Woolas has attacked lawyers and charities that work on behalf of asylum seekers for undermining the law and “playing the system” by exploiting the appeals system.1 However, the case of Chikwamba v Secretary of State for the Home Department,2 handed down by the House of Lords on June 25th 2008, confirms the need for an effective appeals process, without which there would be no safety net for thousands of asylum seekers. The case concerns the application of article 8 of the European Convention of Human Rights (ECHR)3 and the government’s policy regarding failed asylum seekers
UNCOMMON LAW:THE PRIVATIZATION OF DISPUTE RESOLUTION ACROSS THE POND
Get PDFUNCOMMON LAW:THE PRIVATIZATION OF DISPUTE RESOLUTION ACROSS THE PON
THE CREATION STORY OF KASHMIRI PEOPLE: THE RIGHT TO SELF-DETERMINATION
Get PDFIf a group wishes to exercise the right to self-determination, they need to establish that they are a “people” within the international law definition, thereby triggering the ability to claim this right. Thus, the definition of the term “people” is the key in cases of self-determination and always posits difficult challenges. This article aims to determine whether the “Kashmiri people” could be identified as a group that fits within the contemporary non-exhaustive definition of people. Having ascended from the level of subjects of an autocratic rule to victims of human rights violations, are Kashmiris now in a position to exercise a right to self-determination?
