... in isolation, without consulting Parliament, (Oireaschtas or lower chamber) to give powers to special courts in criminal matters without being obliged to give reasons for its decision. The result, she points out, is to wipe out practically the only power the Parliament has to annul the decision ... to establish the Special Criminal Court. How can it oppose a decision when it ignores the reasons upon which it was based? Isn't the requirement to give a reasoned decision an essential condition for a challenge to be made against it? ... information of the parties (art. 21), possibility of e...

• Word Count: 10522
• Approx Pages: 42
• Grade Level: Graduate

... of crime in the sphere of customs should be recognized as not the most effective one. In our opinion, the main reasons for the low efficiency of interaction of customs and other law enforcement agencies in the field of prevention of customs offenses are the following: -Lack of timely exchange of information in the field of foreign trade activities; For ... the division of investigative jurisdiction; -Mutual exchange of information in the field of foreign trade activities; -Improving the efficiency of joint preventive operations in the border areas to detect and prevent crimes in the area...

• Word Count: 1015
• Approx Pages: 4
• Grade Level: Graduate

... , the eighteenth century jurist declared "Parliament can do everything that is not naturally impossible" (Coxall & Robins 1998, 214) as no person can question its legislative competence and the courts must give effect to its legislation. This Parliamentary Sovereignty is the dominating characteristic of the British constitution, however since Britain's involvement in the European Union, this sovereignty ... is the principle of The Rule of Law, and although it is difficult to define precisely, it is significant for two reasons, it underpins the constitutional principle of the partial sepa...

• Word Count: 1942
• Approx Pages: 8
• Has Bibliography
• Grade Level: Graduate

... seven. After extensive deliberations and speculation into international law, the majority (nine of twelve) ruled that Pinochet was not protected by diplomatic immunity and could be extradited to Spain to stand trial for crimes committed against humanity. However in March 2000, Home Secretary Jack Straw decided that General Pinochet was unfit to stand trial due to medical reasons. Pinochet's case put to ... the test the stability and structure of our International Law system in many ways: it questioned the 1984 Torture convention on extradition provisions, claims to universal jurisdictio...

• Word Count: 867
• Approx Pages: 3
• Grade Level: Graduate

... is information withheld from the decision making process of the person within the US judicial system therefore forcing a decision based on what is given rather than what is whole and true and just. According to Lectric Law Library's Lexicon on Privileged Communication, the law allows certain people to refuse to disclose information contained in certain conversations or writings. Communications between ... an attorney and client, husband and wife, clergyperson and penitent, and doctor and patient are all currently privileged. This literally means that there is truth to be found but it is...

• Word Count: 1136
• Approx Pages: 5
• Grade Level: Graduate

... society. Section 33 gives parliament the resources to adapt to new political circumstances that pass with the times in the event that Constitution guarantees cannot be adapted. As cultures and societies change and adapt, so must the laws that govern them. The notwithstanding clause is, on the other hand, not the only tool that legislatures can use to adapt the Constitution. ... government officials and the government as a whole must obey the law. By giving legislatures the power to overturn judicial review, the override clause is allowing governments to legislate against fundamental Cons...

• Word Count: 3226
• Approx Pages: 13
• Has Bibliography
• Grade Level: Graduate

... the twenty first century differ greatly from those of previous decades. Where once it was commonly held knowledge that the manager's main focus was that of recruiting and controlling staff and other corporate resources available to achieve the organisation's objectives, whether it be maximizing profit or increasing market share, in today's working environment the manager's function in ... the organization has discernibly altered from that of previous times. Dynamic changes in this century's working environment due to rapid technological advances, an expanding telecommunications network a...

• Word Count: 465
• Approx Pages: 2
• Grade Level: Graduate

... colony countries to broke the bondage from colonial domination for freedom; it is freedom that serve as the leading spirit in the France Reform; and the spirit of liberty has been written as the declaration of human rights into the constitutions. It seem than freedom has been that primary ... goal people trying to obtain, not the restrictions, however, without restrictions and regulations, freedom is nothing but a right to jeopardize the social order. People often claim that they will pursue the goal of freedom in ... freedom with regulations rather than absolute free choice. From the a...

• Word Count: 661
• Approx Pages: 3
• Grade Level: Graduate

... by requiring: credit transactions be standarised across Australia, responsible lending to ensure that consumers are not enticed into credit contracts they can not afford, information to be presented in a clear and easy to-understand format, lenders not to increase credit card limits to customers who they know would find it difficult to manage a higher limit, the stopping of exploitative practices by ... predatory lenders, such as using household items as security for cash loans, lenders to truthfully disclosure all fees, commission and interest rates in a written contract. The code also...

• Word Count: 1272
• Approx Pages: 5
• Has Bibliography
• Grade Level: Graduate

... in its most stark sense, embodying the proposition-captured in the Nuremberg Judgment's aphorism-that "[c]rimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced."2 Against an entrenched culture of impunity that had countenanced the likes of ... massive human rights violations, even for seemingly untouchable leaders, was now a distinct possibility in a transformed political calculus. This new context emboldened the proponents of criminal justice and made po...

• Word Count: 1487
• Approx Pages: 6
• Grade Level: Graduate

... . On the other hand, those who outstay their visas within Australia are merely considered "overstayers". A noticeable injustice within the Australian legal system is the differential treatment between these "overstayers" and "unlawful non-citizens". "Overstayers" account for 58,748 of Australia's impermanent population (as of July 2001 ), whilst remaining legal occupants of Australia, generally allowed their personal liberty, equality ... of the Child, to which Australia is signatory, should only be detained as a last resort. Despite this, many asylum seekers are being detained for up to...

• Word Count: 1262
• Approx Pages: 5
• Grade Level: Graduate

... Right Act. The Supreme Court decision determined that excluding complaints on the basis of sexual orientation was in violation to Section 15(1) of the federal Charter of Rights and Freedoms, and thus sexual orientation must be included in the provincial charter. Through this ruling, the Supreme Court utilized the federal framework to broaden the scope of protections at ... contends that the human rights approach to supporting unionization is largely counterproductive. Offering an intermediate position, Walchuck asserts that feminist scholarship can provide an alternative framework that c...

• Word Count: 3245
• Approx Pages: 13
• Has Bibliography
• Grade Level: Graduate