THE LAWS OF ENVIRONMENTAL LIABILITY AND ENVIRONMENTAL HARM

Environmental liability is an instrument of environmental protection for the prevention of and compensation for environmental harm. It promotes the personal responsibility of the (economic) players. Properly constituted environmental liability law creates economic incentives to prevent the occurrence of harm, ...

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PARLIAMENTRY PRIVILEGE

Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. It is common in countries whose constitutions are based on ...

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BAD CHARACTER EVIDENCE : THEN AND NOW

One of the most well-known tenets of English law is that a person ‘should not be judged strenuously by reference to the awesome spectre of his past life.’ This very well established tradition has led to the oft-cited rule of ...

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THE THEORY OF PARLIAMENTARY SOVEREIGNTY

‘Although in theory Parliament is sovereign, the problematic reality is that British constitutional arrangements ensure that true power lies with the Executive’ The theory of Parliamentary Sovereignty is, on the surface, a simple theory. It states that Parliament is the ...

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ELEMENT OF PATENT

It is interesting to note that the Indian Patents Act, 1970 (herein after called ‘the Act’) doesn’t give an elaborate definition of a ‘patent’. It merely says that a “‘patent’ means a patent for any invention granted under this Act”. ...

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RULE OF LAW : BRITISH CONSTITUTION

The Rule of Law is an aspect of the British Constitution that has been emphasised by A V Dicey and it, therefore, can be considered an important part of British Politics. Dicey (when referring to the English Constitution) summarised the ...

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DISADVANTAGES OF ENGLISH LEGAL SYSTEM

Lord Woolf, (then the Lord Chief Justice) imposed extensive reforms for the civil justice system and its courts in his “Access to Justice” report in 1996. In Chapter One of his report, under “Principles”, he clearly stated that the civil court service should be: ...

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HISTORY OF THE COURT OF CHANCERY

In England, prior to the introduction of the Judicature Acts of 1873 and 1875, there existed a separate Court of Chancery. Unlike the law Courts, which were based upon pre-defined causes of action, the Chancery Courts, presided over by Lord ...

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DISPUTES AND COURT APPEARANCES

Traditionally, in the English legal system, whether in the civil or criminal context, people involved in a dispute or other entanglement went to court. In the criminal jurisdiction, of course, this was, and is, more or less unavoidable due to ...

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