h sides is it due to the nature of human conduct is it due to the ambiguity of virtual and responsibility is it due to flexibility of interpretation Is every deed somehow intrinsically subject to morally polar interpretations or is it due to the content of ours laws is it due to the ways that deeds, interpretations and interactConsquently what the thought experiment proves is that at least our decisive part of reason why almost cases in our legal system do support well argued stories on both sides is that the content of our laws gives support to all these parties.
The judge who has to choose between two well written briefs or two well argued precedents is forced to decide between two paradigms and to the extent operates one large step beyond normal legal reasoning toward revolutionary legal reasoning. But the judge is still working within a legal paradigm, still choosing premises from within the system, and in that sense is not fully revolutionary.
Constitutional Aspect of Legal Method
The U.K constitution is an unwritten one. Even though most of the constitutions exist in unwritten form, court judgements and treaties.
The bedrock of British constitutional has traditionally been the doctrine of parliamentary supremacy or parliamentary sovereignity, accordingly to which statutes passed by parliament are the U.K s supreme and final source of law.(wikipedia.org)
Statutory law is often considered the most important source of the British constitution. In practice some principles and elements of he constitutional, such as rule of law, are ancient and ingrained in the U.K s political culture that they would extremely difficult to abolish.
Parliamentary sovereignty and of the rule of law have been widely considered the most important principles of the constitution since the nineteenth century and attempts to substantially circumvent them would likely be met with backlash by the electorate of the monarch.
Because the United constitution adheres to he principle of parliamentary soverignity, no hierarchy in statutory Acts parliament. In Thoburn v.Sunderland City Council, Lord Justice Law from the High Court decided that he would try establishing a principle of law of law on this matter, which the United Kingdom courts ought to recognise
Statues 1: The Basics
Statutes are laws enacted in parliament and have a wide coverage nationwide. In the construction of statutes, words and phrases shall be construed according to the commonly approved usage or language and technical words and phrases, and such have acquired a peculiar and appropriate meaning in the law, shall be construed and understood accordingly.
Statutes2:Search for Legislative Intention
Search for legislative intention is
Legal analysis is a matter of interpreting data in terms of high level concepts. But in law the data are like those for a system aimed at understanding natural language.hey tell a story about human events that may lead to a lawsuit. Statements of the law, too are written in natural language ad legal arguments are often arguments about what the language means or ought to mean.
Question 1 (part b) a) Conviction on indictment is a conviction after an indictment aimed not at finding the accused guilty but that the crime was probably committed and the same committed by the accused. An indictable offense under the Act includes the disclosure of information by a relevant person without lawful authority to disclose the information.
During 1060’s Guatemala has experienced a destructive civil war. It was chiefly after this period that civil law in Guatemala was remodeled and new provisions were implemented. It resulted in significant changes in criminal procedural codes of Guatemala1.
Along with this transition the practice of law has originated different law professionals in every country to suit various needs of the people. And UK was not an exception to this. The industrial revolution that swept across the UK in the eighteenth century marked the beginning of the emergence of a well defined, deep rooted and progressive legal industry in the country.
Secular laws on the other hand are made by the people in effect and regards to the changing world order, views and accepted ideologies. Religious laws define the faith of the people telling them what to believe as well as how to behave so that our actions do not violate the fundamental beliefs legislated by the religious laws whereas secular laws deals with individuals' external actions as they effect others.
Furthermore consumer activism and consumer redressel needs which were inadequate in the legal field had to be addressed. It was taken up in a number of countries, UK, USA, India and democtratic nations. However, in most countries the legal reforms have not yet touched this aspect.
To understand the adversarial system of justice, one must notice the distinctions between the types of judicial systems in practice today. "Let us start with the classical distinction between adversarial and inquisitorial systems of criminal justice. The usual way of describing the former is a contest between two equal parties, seeking to resolve a dispute".
Lord Woolf's review is known as the Access to Justice Inquiry. It was so-called because Lord Woolf's proposals introduced radical changes for civil litigation. Lord Woolf intended to improve access to justice by striving to attain this end: avoid civil litigation if possible; create a less antagonistic and more cooperative approach; make it less complicated; more definite with lesser time; and more reasonably priced, predictable and fair.
The essay intends to make comparative analysis of the cases related to religion along with measuring the effectiveness of law to deal with such cases. The comparative analysis of secularity factor within varied states has provided greater understanding about the nature of pluralism as well as the role of religion in modern society.
12 pages (3000 words)Essay
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