Friday, December 20, 2019

The Doctrine Of Natural Justice - 2444 Words

To what extent has the implementation of Article 6(1) overridden the common law doctrine of Natural Justice? Mohammed Yusuf Student number: 12012256 Contents Page I. Introduction This will introduce the concept of the thesis at hand with the significant introduction of Natural Justice, Article 6 and the reverberating impact of the Human Rights Act 1998. II. Procedural Protection before the Human Rights Act 1998 The Doctrine of Natural Justice The key concepts of natural justice will be analysed and the principalities that it holds, in addition to investigating authoritative case precedents for examination, scrutinising the doctrine of natural justice in how it operates in common law. The Strasbourg Jurisprudence Intervention. In this particular scope will consist of critical examination of the aims and objectives of Article 6(1) and what it transcends to achieve within the courts. This will be aimed to identify the implementation of potential procedural safeguards in various situations, identifying concerning issues relating to the wording of Article 6. This will be differentiated through the common law doctrine of Natural Justice in whether the interpretation and applicability of the Convention appears to innovate upon the common law doctrine. III. The Extensive Scope of Article 6(1) ECHR The Expansive Boundary of Article 6(1) The ambit of Article 6 appears to have expanded but the outline of this scope is to examine to what extent has it beenShow MoreRelatedIs Plato A Utopian Thinker?765 Words   |  4 PagesPlato’s search for the definition of justice, just soul, and just state is an indicator that he is a Utopian Thinker. Socrates’ response to Thrasymachus, â€Å"Justice is much more valuable than gold, and you must not think we shall slacken our efforts to it out of any idiotic deference to each other† (336e), shows how highly Plato considers justice and more importantly its definition. As justice is what he considers the ultimate form of good, the search itself for justice to live a ‘just’ life and his expectationRead MoreEssay about The Criticism of Social Contract Theories1232 Words   |  5 Pagesï » ¿Tatum Schneidmiller Justice Theory Assignment #1 Ward Churchills criticism of social contract theory clearly applies to classic social contract theories that we discussed.   However, Rawls adds the veil of ignorance concept to his more modern social contract theory.   A) Explain the basics of Rawls and Churchills arguments and how they each criticize classic social contract theories.   B) Discuss whether or not Churchills argument applies to Rawls modification and explain how and why it doesRead MoreMorality Of War And Peace1709 Words   |  7 Pagesseeking redress. The second of Aquinas conditions for a just war is for a proportionally good reason or just cause. If one can seek redress from some higher authority, then one is not justified in resorting to violence. Aquinas states that the natural order conducive to peace among mortals demands that the power to declare and counsel war should be in the hands of those who hold the supreme authority. States have no common weal against internal disturbances, meaning that it is their business toRead MoreJoint Enterprise : Legal Doctrine1591 Words   |  7 PagesJoint Enterprise is legal doctrine that allows several people to be charged for a crime even though they may have all had different roles. The ancient law can be applied if there is evidence that the defendants had all participated or been associated with the crime. Usually, Criminal Law only holds offenders liable of their actions. Enterprise can be applied to many crimes, however it is commonly used in offences of violence, theft, fraud and public order, the most popular being murder. Read MoreAffirmative Action On Equal Rights1655 Words   |  7 PagesAffirmative Action in Employment The Universal Human Rights declaration states that all human beings have a natural right to equal freedoms thereby providing the basis for proactive measures to guarantee the enjoyment of equal rights in employment. Discourse on the controversial employment edicts of affirmative action and exceptions to the at-will employment doctrine signify the ambiguity in the implementation of the declaration on equal freedoms. White-male employees feel that the preferentialRead MoreNatural Law : The Human Conception Of Justice Or Moral Right1181 Words   |  5 PagesNatural law can be defined broadly as a philosophical belief that the human conception of justice or moral right is common to all humans and derived from nature. However it’s definition has been highly debated across history and therefore different definitions must be used as to not misinterpret the ideas and principles of different strains of thought within natural law (Boucher, 2009, P.19). It is also very important to dis tinguish how rights are understood in natural law, which is another contestedRead MoreEssay on The Law of Karma835 Words   |  4 PagesThe Law of Karma Karma, also known as Karman is a basic concept common to Hinduism, Buddhism, and Jainism. The doctrine of Karma states that ones state in this life is a result of actions both physical and mental in past carnations, and action in this life can determine ones destiny in future incarnations. Karma is a natural, impersonal law of moral cause and effect and has no connection with the idea of a supreme power that decrees punishment of forgiveness of sins. Karmic law is universallyRead MoreCompare and Contrast Utilitarianism with Christian Ethics810 Words   |  4 Pagesthe greatest number. Christian Ethics, however, can be quite different. Many aspects of its ethics are deontological, for example, the Decalogue and Natural Law. There are other differences and indeed some similarities which will be considered throughout this essay. Christian ethics has many aspects which do not agree with the fundamental doctrine of Utilitarianism. Firstly, the 10 Commandments in the Old Testament are deontological, as it is law based and the action is considered good or badRead MoreJohn Rawls : A Theory Of Justice Essay1726 Words   |  7 Pagestheory of justice, Rawls state that you must imagine yourself in an original position behind a veil of ignorance. I would say another word for the veil of ignorance can be the curtain of the unknown. I would say the curtain of the unknown because the veil of ignorance is just like a curtain that is put up and behind it no one knows who they are. No one knows their race, their wealth status, their intelligence, their assets, nationality, etc. You know nothing about yourself or your natural abilitiesRead MoreThe Court Of India, While Administering Environmental Justice Essay1492 Words   |  6 PagesThe Court of India, while administering environmental justice, has evolved certain prin ciples and doctrines within and at times outside the framework of the existing environmental law. Environmental principles, such as polluter pays principle, precautionary principle and public trust doctrine have been adopted by the Court in its concern to protect the environment from further degradation and improve the same. It is important to note that these principles have been developed in various international

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.