The Sources of English Law Essay example

The purpose of this report is to discuss the matter The Queen V Bayley, which took place on the 29th of September 2012. Adrian bailey (serial rapist) was found guilty on charges of murder and rape, this report will discuss in detail the court proceedings that lead up to the imprisonment of Adrian Bayley and also the events prior to the kidnapping of Jill Meagher. The purpose of this report is to discuss the purpose of law in our society and how it applies to people who commit crimes in our community. As well as the purpose of criminal law in our community.

State of New South Wales v Lepore [2003] 212 CLR 511, 536 per Gleeson CJ.

There are four primary sources of American law that “establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group” (Miller, 2014). One of the oldest sources of primary law is the U.S. Constitution, which was ratified by delegates from 12 states on September 17, 1787 (The Constitution of the United States, 2015). The document has stood the test of time and been a model for many other nations with its emphasis on a strong government with maximum human freedom while avoiding tyranny (The Constitution of the United States, 2015). Since each state also has its own constitution, this would be in the same category as a primary source of American law. The second primary source of

The US Constitution defines the federal government as “The Supreme Law of the land”, known as the Supremacy Clause. Article VI, Section 2, of the U.S. Constitution states that, should the federal government exercise their rights enumerated in the Constitution, they would prevail over any conflicting state implementation of power. The clause ensures that the federal laws take precedence over state laws and ensures that state judges uphold these laws. The Supremacy Clause checks the power of the local governments by

The court's decision was that it was wrong of the Sixth Circuit Court of Appeals to deny the inmate's right to appeal the case. The Supreme Court reviewed the case and found that the murderer was most likely the husband and not Paul Gregory House (“House v. Bell”). The case decision would cause the denial of habeas corpus to be removed and the case would be instated with the help of the new evidence.

Analyze Luxford & Anor v Sidhu & 3 others [2007] NSWSC 1356 (3 December 2007) as follows:

(2) Tamanaha, Brian. 2008. “Law”, Oxford International Encyclopedia of Legal History, St. John's Legal Studies Research Paper No. 08-0095. Link in Course Readings and Available online: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1082436&rec=1&srcabs=1012051

Citation: Maryland v. Pringle, 540 U.S. 366; 124 S. Ct. 795; 157 L. Ed. 2d 769; 2003 U.S. LEXIS 9198

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

case can go t the Supreme Court.This paper will also identify the merits of a case that can lead to

Horrigan, B, _Adventures in Law & Justice: exploring the big legal questions in Everyday Life_, Lawbook Company, Sydney, 2003

Some judges in their obiter dicta have declared their inclination to disregard the Parliament’s legislative objectives, and therefore limit parliamentary sovereignty if the rule of law is vulnerable or if the circumstances demand “a principle established on a different hypothesis of constitutionalism” . They have also suggested that, while the British Constitution is dominated by parliamentary sovereignty, “The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based” . This represents a possibility of stretching the dominance of the rule of law in constitutional law so that it becomes more powerful than parliamentary sovereignty in the British Constitution .

Obeying by the natural law theory is the only true and moral way to live life; especially a life lived in God’s image. God’s presence is a guiding factor to obtaining a moral and virtuous life, which can only be obtained by following the natural law theory. God created a set of laws as a supreme guide for humans to live life, like any law these laws were created to ensure wellbeing for everyone. The laws he created are the civil law, the natural law and the divine law God created them from a law much superior than the rest, one which only God himself has the knowledge of, the eternal law. Humans actively participate in the eternal law of God by using reason in conformity with the Natural Law to discern what is good and evil(Magee 1). Of

In Li CJ’s judgment in A Solicitor v Law Society of Hong Kong [2008] 2 HKC 1, he commented in paragraph 9 that the “rigid and inflexible adherence by this Court to the previous precedents may unduly inhibit the proper development of the law and may cause injustice in individual cases. The great strength of the common law lies in its capacity to develop to meet the changing needs and circumstances of the society in which it functions.” In this essay, this statement would be discussed with reference to the role of the courts and their relationship to the legislature.

The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case law in our legal system. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."