European Union Law - Commentary: Article 4 of the EU Treaty (Member States' sovereignty/cooperation duties)
Thesis - 4 pages - European law
The document we are going to comment on is the article 4 of the EU Treaty, as modified by the Lisbon Treaty. It highlights the fact that the EU membership implies a great number of consequences for the member States. According to this article, although some rights belonging to the States are...
Environment protection initiatives by the European Union
Thesis - 7 pages - European law
Environment policy is one of the greatest social challenges faced by governments and Businesses today. This is due to the rise in awareness of the impact of the environment on public health and welfare. The need for environmental conservation gave rose to a series of Community initiatives...
The foreign policy tools of the European Union and the various institutions that they are connected to
Thesis - 4 pages - European law
The European Union is present on the international scene through 3 main policies areas: trade, development and security. Each domain depends on different institutions, holds different power and uses different tools. Decisions-making procedures are varied. Nonetheless, these three domains of...
The foreign policy implications that the treaty on the constitution of Europe signified for the EU in terms of giving it a legal personality
Thesis - 6 pages - European law
Whereas the consequences of the French and Dutch “no” to the referendums proposing the adoption of the Treaty establishing a Constitution for Europe do not stop to rattle the European political class, the innovations it proposed are still dangling. Nonetheless, some major points have...
Intellectual property: Artistic craftsmanship
Thesis - 7 pages - European law
The relevant statutory framework for copyright protection in the UK is the Copyright, Designs and Patents Act 1988 (CDPA) and it is important to mention at the outset that “ideas” are not protected per se and the relevant consideration is whether the idea itself is embodied in the...
Draft bill to the House of Parliament
Thesis - 5 pages - European law
The characterisation of a compulsory insurance no fault scheme is rooted in the principle of distributive justice, compensating victims without having to establish causation and fault. Conversely, the current liability for negligence claims for sports injuries involves fault considerations based...
The ECHR 1950 and the convention on the status of refugees: A comparison
Thesis - 9 pages - European law
Immigration has become an increasingly debated topic within the UK and it is submitted at the outset that the media obfuscation of reality and acting as scaremonger has further compounded rational debate in this area. This is further perpetuated by the media focus on national security and the...
Company law problem questions portfolio: Various questions and answers
Thesis - 14 pages - European law
The factual scenario raises issues regarding enforceability of contract and in order to advise the parties, it will be necessary to evaluate the company law requirements regarding authority. With regard to the property purchase, the issue arises as to whether this forms part of the Fresher...
How far, if at all, does it matter that the United Kingdom does not have a written constitution?
Thesis - 2 pages - European law
Today, the majority of states have written constitutions—it is generally seen as a prerequisite for any new state. They arise due to political events, such as in 1793 consequent to the French Revolution. In a state with a written constitution, one document becomes the supreme authority in...
Murder: Rethinking the mandatory life sentence
Thesis - 6 pages - European law
Sir Edward Coke stated in the Third Part of his Institutes that “... of all felonies, murder is the most heinous” . As such, murder has always received the most severe punishment the law could give; a law of King Canute stated that Aberemord—caedes manifestae—was punishable...
Constitutional and administrative law: The concept of the Rule of Law as defined by Dicey
Thesis - 5 pages - European law
“The concept of the Rule of Law as defined by Dicey still remains valid: it provides a measure against which we can judge the attitudes and actions of Parliament, Government and the courts.” Explain what is meant by the concept of the rule of law. To what extent is the statement above...
To what extent is the criminal justice system consistent with article 6 of the European convention on human rights?
Thesis - 6 pages - European law
At the heart of any legal system is the criminal justice system and it is a paramount that the system is fair in order to be effective—this is ensured through a fair trial, without which, the whole system would be illegitimate. We only have to look to the political ‘show trials' of the...
The main differences between the civil and the common law systems
Thesis - 5 pages - European law
The majority of legal authors divide the legal systems in the world into two mains groups : the common law on the one hand and the civil law on the other hand . The most interesting is that when you try to find definitions for those words, you often find the basic definition and then as a...
Principles and practices of consumer's protection within the European Union
Thesis - 19 pages - European law
The European Union aims at protecting the health, safety and economic well-being of its citizens. It promotes their rights to information, helps them safeguard their interests and encourages them to set up consumer associations. Consumer policy is designed to improve the quality of life of all...
What are the challenges facing the EU in its attempts to establish democratic institutional structures ?
Thesis - 7 pages - European law
“It is time to recognise that the Union has moved from a diplomatic to a democratic process, with policies that reach deep into national societies and daily life” . This statement by the European Commission subsumes ten years of political and academic on-going debate on the...
Theory of direct effect
Thesis - 8 pages - European law
Born into the International order, the European Community law can touch people only through the juridical order of its Member State. Therefore arises the question about the relationship between EC law and domestic law. The EC law concerns much more directly individuals than the international law....
