Essays on Court Of Justice

Judicial Activism of the Court of Justice of the European Union

Since the ECJ handed down the 2005 Mangold v. Helm case, there have been several criticisms provided by different scholars of the decisions it made and what they believed had various consequences for the European Union law. Essentially, the decisions made by the court involved several queries, but the main one was applicability of European Union age‐based anti‐discrimination law in situations involving the fixed‐term employment contracts. The contracts were founded on the law that permitted the fixed‐term contract with no demands for the objective reasons that justified the limitations of the employment period past the ...

Lord Gardiner’s statement is a wonderful example of legislators recognizing that precedent may stifle the appropriate outcome in a legal dispute. Comparisons can be made between other Western countries; for example, the US Supreme Court has reversed precedent that it set itself decades prior, such as the landmark case Brown v. Board of Education. Just like these countries, Lord Gardiner believed that Britain should not limit itself to decisions based solely on decisions in the past because the modern day situations that arise often require a more complex and systematic methodology for determining justice. In addition, but not ...

Usage of Nuclear Weapons in Legal Way Under Humanitarian Law

The legality of the usage of the nuclear weapons is the question of the fierce debate lasting for years. In fact, the usage of nuclear weapons from the political or economical concerns poses the risks to the living of the human. In this regard, the introduction of this type of weapon is deliberately controlled for the prevention of the possible harm to the life of the human on earth. In order to determine the legality of the usage of nuclear weapons, the author suggest to dwell on its notion provided in the current humanitarian legislation. The nuclear weapon represents ...

The primary objective for the formation of the European Economic Community (ECC) was to create a common market to enhance the achievement of a trading advantage over other Atlantic states. The member states hoped that the move would spur growth by promoting marketing scale and capitalizing on specialization among the member states. However, the ECC faced many technicalities when creating a common market due to lack of strategic decision-making structures and protectionist attitude adopted by members. It was especially difficult to remove barriers and enforce common trade regulation. For a common market to have some effect, freedom of capital, ...

Abstract

The democratic system of the United States should presuppose transparency and good faith associated with the activities of the fundamental institutions such as the Supreme Court of Justice. The real practice confirmed that there are some significant shortcomings associated with the structure of this legislative body such as absence of definite term limits for the members of the Court to carry out their functions. According to the Constitution there are no definite terms of responsibility. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior. At the same time the live tenure may ...

Introduction

There are several sources of law available in the legal practice, while the role of the judicial precedents is the most important one in the common law systems as the United Kingdom. In fact, all legal systems attempt to follow previously accepted judicial opinions as judicial precedents for creation the similar pattern around the dispute or particular case. In terms of the legal framework existing in the United Kingdom, the notion and nature of the judicial precedent should be considered as this particular jurisdiction is familiar with the doctrine of the binding precedent as the source of law and ...

Instruction

The European Union Government The outfit has several organs that determine the decisions that govern all the participating nations. Among the organs, include the Parliament, the Council, and the Commission. On the other hand, the body is constituted of members that arbitrate and make judgment for lawbreakers. The bench is chosen after a meeting is convened between the members of council and the participating nations. The organs mentioned above work together to form the complete union.

The Parliament

The Parliament of EU represents the nations that form the union and the citizens from the respective countries. An election for members is ...

International law represents a complex concept, which requires careful attention. Various views provide various definitions of international law, and all of them can include the point that it represents a set of rules that the States bound to observe (Kaczorowska, 2015, p. 1). The topic of individuals within international law and their status is quite controversial, and it has changed throughout the history. Different positions explain the issue of the individuals as subjects to international law from different sides. This problem has gone through rejections and affirmations many times, and it has been under discussion for almost as long ...

Introduction

Parliamentary sovereignty is a system of governance, which denotes that Parliament is the supreme legal authority with the sole capacity to make or end any law. The relationship between Parliament and other arms of government go as far as they do not interfere with or overrule legislations passed by Parliament. The concept of supreme Parliament was discussed by the AV Dicey in his 19th-century book “The Law of the Constitution (1885, p. 39-40).” In his view, Dicey believed that Parliament has unlimited power under the English constitution to make or unmake law in whichever way it deem fit and ...

Nation-State and Transnationalism

The nation-state is a sovereign entity governing a territory. The state is a political entity while the nation itself is a cultural entity. There are several characteristics which define a nation state and these include having a defined territory, some form of government which is organized, self rule in that they are sovereign against foreign interference and there exists a population of people who share a national identity and customs. These customs give a nation state a common identity. Thus, a nation state one that has a self identity and derives its legitimacy as a result of the sovereignty. The nation identifies people with common ancestry and culture such as the people ...

International court of justice (ICJ) commonly referred to as world court was set up in 1945 under the United Nations act. It is not the first world court as the name may suggest but it was established as the successor of permanent international court of justice. It deals mainly with international issues such as settling disputes between countries and it uses a constitution that is recognized internationally in carrying out its activities. Initially it was not effective since many countries had not registered and accepted the laws and rules binding to this statute. Currently ICJ is the Supreme Court and ...