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European Law Assignment The doctrine of supremacy allows community law to prevail over national law, including national constitutions. It also limits the law making powers of the member states and imposes duties to enforce community law on the authorities of the member states; including the courts. Discuss in light of statements made by the European court of justice? Ever since the extended application by the European Court of Justice (ECJ) of the principle of direct effects jointly with the wide scope of the European Community (EC) Treaty, dealing in areas usually reserved to national law has inevitably led to a conflict between national law and EC law. The way in which the conflict was resolved was to be of crucial importance to the Community legal order, as it posed a constitutional problem for many participating member states. The direct effect doctrine is an important phenomenon that gives individuals the power to claim rights conferred directly by EU treaties, regulations, decisions and directives (after their effective date) even if their member states have failed to introduce them into domestic law, or have not implemented them correctly. The EC treaty is silent on the question of priorities; maybe this is a diplomatic omission or perhaps the treaty did not find it necessary to make the matter explicit, since the extent to which Community law might be directly effective was not envisaged at the time of signing the treaty. If there were to be an absence of guidance, the matter would be decided by the courts of Member states, albeit with the assistance of the ECJ in its jurisdiction under Article 234. Usually the question of priorities between directly effective international law and domestic law is normally seen as a matter of national law, determined by constitutional rules of the state concerned. This hinges on a number of factors. Firstly...
pages: 7 (words: 1811)
comments: 0
added: 02/06/2012
Desmond Aster, the proprietor of Sleet and Trumpet Real Estate wants to use Sydney Harbour Hotel’s conference centre for a series of seminars he is running for his staff. Valerie Ewer, an employee of Sleet and Trumpet contacts Sydney Harbour Hotel and makes a phone booking for a conference room at $500 for the 1st October 2002. The hotel manager makes the booking and adds he will be sending a booking slip to the estate agency which must be signed and returned with $200 as a holding deposit. The slip is never signed but a delayed payment of $200 is eventually made (before 1st October 2002). At 5.00 am on the 1st October 2002, an electrical fault causes a fire. The conference room is damaged and cannot be used. Desmond arrives at 10.00 am and is informed of the fire, he threatens to sue and Sydney Harbour Hotel requests that Desmond pay the remaining $300 they say is due under contract. An offer was made by Sydney Harbour Hotel for a conference room at $500 for the 1st October 2002 at 10.00 am to Sleet Trumpet Real Estate. Acceptance and agreement of the terms was made by Sleet and Trumpet Real Estate when Desmond sent the $200 to Sydney Harbour Hotel. So we must ask ourselves, is Desmond liable for the remaining $300 owed to Sydney Harbour Hotel? And is Sydney Harbour Hotel liable for refunding Desmond’s initial payment of $200? If after the formation of the contract an unforeseen event occurs which affects the performance of the contract, “the contract is automatically terminated if the effect on performance is substantial, provided neither party was at fault”. By frustration, parties are discharged from the obligation to perform, “or to be ready and willing to perform, their contractual duties”. The Frustrated Contracts Act 1979 (NSW) s7 states “that a promise...
pages: 10 (words: 2577)
comments: 1
added: 04/29/2011
The Ruritania case unveils the making of, not one, but a few very important laws which are linked by one common thread: same sex couples within an ever-changing society. The first premise is that since each decision in law (custom, jurisprudence and edict) affects the next law, timing is the key to dissecting whether or not there were failures to make the law. Additionally, legal acceptance of same-sex couples is a very volatile topic, which has brought about a plethora of public opinion and endured many changes. Examining this case in a chronological manner will help yield the most accurate interpretation of the laws at hand. The modus operendi used in analysis has led to the conclusion that there may have been a failure to make law. However, this is embedded within a framework where many laws adhered to the principles and rules of law making. It is important to briefly outline what was done correctly in order to have a basis of comparison to decide what may have been done wrong. The 1982 constitutional legislation including the guarantee of equality rights touches on matters of discrimination, which according to Joseph Raz should be institutionalized by general rules. This eliminates flexibility of the law and serves as a durable base, which limits the unpredictability of particular orders. This also ensures stability in the law because general laws reduce the impact of ever changing mores within society. The equality guarantee in Ruritania is very clear and does, in fact, cater towards the same sex component of this case. It states a few specific categories by which discrimination is most commonly and frequently observed. However, it is understood that the law is not solely restricted to these particular orders because of the stable and general statement preceding these specific examples. To quote “Every...
pages: 6 (words: 1626)
comments: 1
added: 03/16/2011
I have always taken an interest in the Roaring Twenties and that is why I decided to write my English term paper on an event that occurred in the 1920s. What follows is my term paper which concentrates on prohibition and why it was not effective, namely because of lack of enforcement, growth of crime, and the increase in the drinking rate. I hope this may be of some help to you. "Prohibition did not achieve its goals. Instead, it added to the problems it was intended to solve" (Thorton, 15). On Midnight of January 16, 1920, one of the personal habits and customs of most Americans suddenly came to a halt. The Eighteenth Amendment was put into effect and all importing, exporting, transporting, selling, and manufacturing of intoxicating liquor was put to an end. Shortly following the enactment of the Eighteenth Amendment, the National Prohibition Act, or the Volstead Act, as it was called because of its author, Andrew J. Volstead, was put into effect. This determined intoxicating liquor as anything having an alcoholic content of anything more than 0.5 percent, omitting alcohol used for medicinal and sacramental purposes. This act also set up guidelines for enforcement (Bowen, 154). Prohibition was meant to reduce the consumption of alcohol, seen by some as the devil's advocate, and thereby reduce crime, poverty, death rates, and improve the economy and the quality of life. "National prohibition of alcohol -- the 'noble experiment' -- was undertaken to reduce crime and corruption, solve social problems, reduce the tax burden created by prisons and poorhouses, and improve health and hygiene in America" (Thorton, 1). This, however, was undoubtedly to no avail. The Prohibition amendment of the 1920s was ineffective because it was unenforceable, it caused the explosive growth of crime, and it increased the amount of...
pages: 7 (words: 1679)
comments: 1
added: 09/25/2011
Compare and contrast the judgements of Handy J. and Keen J. in the Case of the Speluncean Explorers. Whose conception of the role of the judge in appellate cases is most persuasive? This case presents contrasting representations of the relationship between law and justice. The judges involved in this case struggle to determine a significant difference. I aim to establish which judgements of Handy J. and Keen J. is the most persuasive. Firstly I shall start with Truepenny, C.J. who made a valid reference towards the explorers trying to communicate with the outside world whilst being trapped in their, "underground prison". This is an important point which one must be aware of, as it is referenced to throughout the case with respect to which law the defendants were under. Truepenny, C.J. also mentions the discrepancy involved over how fair the lots were called and whether it was an appropriate method. This could be compared with the laws of contract, which themselves can be ambiguous. This doesn't sway me in anyway what so ever as he fails to make a powerful argument with the facts before him. The most successful element of Truepenny's presentation has to be the explanation of the statute N.C.S.A. (N.S.) § 12-A: "whoever shall wilfully take the life of another shall be punished by death." He uses it to diminish any previous beliefs you had with respect to the innocence of the explorers. From the statute it seems that the explorers are correctly charged. Although the above presentation is quite persuasive in that Truepenny starts with some promise but finishes poorly. Similar to Truepenny, Keen J. agrees indefinitely that there is only one way to interpret the statute N.C.S.A. (N.S.) § 12-A. and that there is no question that the explorers "wilfully" took the life of Roger Whetmore. He states that it...
pages: 4 (words: 999)
comments: 1
added: 07/03/2011
Tucker Max dates a psycho ... lives to tell the tale This is the complete and unabridged story of my relationship with Katy Johnson, known to my friends and her fans as Miss Vermont. I normally don't like writing about the specific details of relationships or hook-ups for many reasons, but this is an exception. After putting up the giant hypocrisy that is her webpage, she has to be ready for what I write. I must prepare you, in advance, for what you are about to is as ridiculous and surreal as anything I have have ever written, and possibly anything you have ever read. This relationship was outlandish even by Tucker Max standards. You may not believe some of what is written here. To that, I can only tell you that I have several witnesses to most of the events here, and the wedding was, well, a wedding, so there were hundreds of people there. Furthermore, this is a long story, because I didn't want to leave out any of the details, lest the story seem forced or less amazing that it really was. And to Katy: Even though you haven't responded to the email I sent you, I know you check this site every few weeks. You are welcome to email me with corrections or additions to the story. If I got something wrong or left something out, please let me know and I'll be happy to change it. In fact, I'll go farther. If you want to write your own version of our relationship, I swear to my god, that I will post it, COMPLETELY UNABRIDGED, right next to mine. This is your opportunity to rebut anything I say here. _____________________ The summer after law school graduation, I moved to Boca Raton, Florida and took a job managing my father's restaurants. I...
pages: 28 (words: 7512)
comments: 0
added: 01/16/2012
Ruth Bader Ginsburg was born Joan Ruth Bader, on March 15,1933 in Brooklyn , New York . Her parents , Nathan Bader and Celia Amster Bader were Jewsih Americans whose families had immigrated to the United States. Celia was from central Europe and her parents moved to the United States before she was born and Nathan's from Russia his parents moved when he was thirteen. Ruth's older sister Marilyn died at the age of eight, so Ruth grew up as an only child, in the flatbush section of Brooklyn . Her father worked first as a furrier and later, as a haberdasher. Ruth's mother Celia, played a major role in her daughter's life. Celia took Ruth on frequent trips to the library and saved money to enable her daughter to attend college one day. Celia taught Ruth the value of independence and good education. Ruth used her mother's advice and worked diligently in school. Ruth attended P.S. 238 elementary school .As an adolescent Ruth Bader distinguished herself as a scholar. She graduated first in her class at P.S. 238 and there at age twelve or thirteen wrote an editorial, "Landmarks of Constitutional Freedom"; for the student newspaper. She was also confirmed with honors at the East Midwood Jewish Center in Brooklyn. Ruth Bader then went to James Madison High School. Bader's Classmates remembered her as competitive and popular. Ruth kepta secret from her classmates while attending high school; her mother Celia suffered from stomach cancer. Celia Bader passed away a day before her daughter's graduation ceremony. Ruth did not attend a "Forum for Honor" to which she was in for graduating sixth in her class. Celia Bader left Ruth a large sum of eight thousand dollars for her college tuition. Ruth , however did not need it , because she earned...
pages: 6 (words: 1634)
comments: 1
added: 09/12/2011
The play entitled Antigone was written by a man named Sophocles, a scholarly author of philosophy and logic. The play Antigone is probably one of the most prominent interpretations of a tragic drama. The two main characters of the play are Antigone and Creon. There is much conflict between Antigone and Creon throughout the play, both of them having their own ideas and opinions regarding divine law versus human law. The theme that I am going to analyze is the conflict of divine law vs. human law. The reason for this is because this theme seems to control the whole play. It is an issue of which law is the "right" law, and if Creon's and Antigone's acts were justifiable. The play Antigone can be summarized by the following: King Creon lets it be known that Polyneices the traitor is not to be buried, but his sister Antigone defies the order because of the values she holds. She is caught, and sentenced by Creon to be buried alive - even though she is to be married to his son Haemon. After the blind prophet Tiresias proves that the gods are on Antigone's side, Creon changes his mind - but too late. He goes first to bury Polyneices, but Antigone has already hanged herself. When Creon arrives at the tomb, Haemon attacks him and then kills himself. When the news of their death is reported, Creon's wife Eurydice takes her own life. Creon ends up being all alone due to the fact that his family members took their own lives. Creon blames himself for all of these tragedies occurring, mainly because it was his wrong doings that caused them. The concept of divine law can be described as the law of God. Divine law involves morals and beliefs that are presented by God....
pages: 8 (words: 2045)
comments: 0
added: 02/17/2012
'The law of contract must strike a balance between two competing aims' . Many of the rules governing contract are to ensure fairness and there are a number of distinct, though sometimes overlapping, doctrines concerning this area of English law. The question of fairness may be made in relation to the way in which the contract is made (procedural unfairness) or in the terms resulting from the contract (substantive unfairness). In English law the judicial approach to contracts, which are unfair or discriminatory, has expanded significantly over time. It was restricted in the nineteenth century by the assumption through the freedom of economic decision, parties are enabled to choose the terms on which they enter contracts, based on what they consider advantageous to their interests. Limiting this freedom to relieve inequality was seen as a legislative task for Parliament. There are now principles in place within English law to address the problem of unfair contracts. Factors that can impact the validity and enforceability of a contract involve the improper conduct of one party, the vulnerability of the other, or a combination of these. Three areas that involve these factors are duress, undue influence, and unconscionable conduct. These types of conduct are related and are grounded on the general principle of 'inequality in bargaining' and if a contract is found to involve one of these the contract can be made' void' . In order for this to happen it has to be shown that the contract was unfair in the way it was made and/or there is contractual imbalance (concerning the actual substance of the contract and the fairness of its terms). The burden of justifying the righteousness of a bargain is on the party claiming benefit of it As the acceptance and agreement of an offer is one of the main elements needed...
pages: 7 (words: 1873)
comments: 0
added: 01/02/2012
Morality and law Law is rules that established by authority or custom, regulating the behavior of members of a community. Morality is principles of good behavior, conforming to moral principles; goodness or rightness. Morality plays a very important role in the law system. Both law and morality are the controlling mechanism in the society. Not any communities can be built up or kept in order without either of them. Law will be useless without the existence of morality, vice versa. They support each other and can¡¯t be separated. Morality is a necessary guide in building up law, it can assure the implement of law, and also it is the supplement of law. 1. the necessaries in constituting law Morality is the source of law. Morality is the reflection of the politics and economics as well as the real benefit and the right or wrong criteria of the common people. So the constitution of law must represent the main principles of moralities. Only by this way, law can obtain the basis of justice to be accepted and supported by the populace. Moralities are also very important in revising and abolishing law. When some regulations of the current law run away from the base of morality, criticisms will ask to have it amended. 2. it can assure the implement of law Law must be practiced by those who have basic professional moralities. If not, the law will be not truly executed. The cooperation and the advocacy of the people will help practice law. In a society in which moralities are lack, it is impossible for law to be carried on completely. 3. morality is the supplement of law Of course law can regulate not any fields of life, thus moralities are needed. Law is not almighty, nor is moralities. So they two must c...
pages: 2 (words: 302)
comments: 7
added: 02/03/2012
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