Belgian administrative law: Definition, characteristics and sources
Thesis - 11 pages - Administrative law
Administrative law is a set of legal rules other than constitutional law that establish the organization, functions and working procedures of the administrative structures of the state. It comprises all the legal rules, other than constitutional law. The Constitution is the foundation of...
Freedom of expression in Europe
Thesis - 5 pages - Constitutional law
According to Article 19 regarding the Universal Declaration on Human Rights and Article 10 of the European Convention on Human Rights, an individual must be able to know whose ideas he endorsed or not, without weighing stress on him or resulting in any penalty. He must be able to speak without...
Characteristics of the German parliamentary government in comparison to the British model
Thesis - 6 pages - Constitutional law
The British system is a result of a rich and complex history that began from the thirteenth century. It has undergone many changes to reach its current form. It continues to evolve and adapt to the society that it governs. The German system has been introduced before 1949, and Germany was...
The evolution of the European Parliament and its functions
Thesis - 6 pages - Constitutional law
The European Parliament is often seen as the principal venue of democratic debate in the expression of European political awareness. Hence, it acquired its present name on March 30, 1962, after having been successively called Common Assembly of the European Coal and Steel Community (extended to...
The Voting Rights Act of 1965 for African Americans
Thesis - 3 pages - Constitutional law
The Voting Rights Act of 1965 helped solidify the rights minorities fought for throughout the Civil Rights Movement. The guarantee of equal voting ensures that everyone's vote can be cast without a predisposed bias against it rooted in race. The act encountered controversy at the time of its...
Tinker v. Des Moines Independent Community School District 393 U.S. 503 (1969)
Essay - 1 pages - Other law subjects
John and Mary Beth Tinker, high school students, decided with their friend, Christopher Eckhardt, to wear black armbands to school in protest of the Vietnam War. The armbands included a peace sign and were meant to support President Kennedy's call for a Christmastime truce. The school board...
Three Case Studies of Business Law
Essay - 7 pages - Business law
In the first situation, we can identify three main issues. First of all, the order arrived a few days late. Then the Buyer asserts that the MP3 Players were damaged by moisture by the ship's hull. These two problems are linked to each other: the Buyers wants us to cut the sell price from...
Primacy / Supremacy of European Community Law against Sovereignty of the Member States
Essay - 25 pages - European law
Today the European Union (EU) consists of 27 Member States; it reaches from the Atlantic coast of Western Europe all the way to the Black Sea of Eastern Europe. In the European Union, the most important and closest collaboration between the Member States happens via the European Community (EC)....
To fight against any sort of discrimination, could and should all workers be treated equally?
Essay - 2 pages - Labor law
Gender, age, ethnic background, sexual orientation, religion, family life and private matters do play an important part at work although they should not. Recruitment processes, salaries, the daily routine at the work office, are all places where workers should be considered equals but are in fact...
The European Court of Justice and the rule of Precedent
Case study - 5 pages - European law
The rule of precedent is the legal principle under which judges have to follow the judgments established previously by upper courts. The Latin translation of "stare decisis" gives an unequivocal definition of the concept as it means "to stand by that which is decided". Precedent underpins the...
The legal system of common law in Anglo-Saxon
Essay - 4 pages - International law
A contract is the most obvious manifestation of law in everyday life. In a legal point of view, not all agreements are seen as enforceable contracts. Indeed, each legal system introduced some rules in order to determine which agreement is enforceable; this corpus of rules is called "the badge of...
Trade Unions in the United-States
Essay - 2 pages - Labor law
The twentieth century witnessed major evolutions in the American workplace, from mass production, to automation, and all the way to the digital economy we know now. Workers' lives have evolved similarly, mostly gaining from the benefits during the century. American workers mostly have their...
Contracts and tort law - Causation and loss of chance
Essay - 10 pages - Other law subjects
When it comes to tort or contract litigation in the aim of obtaining damages, the most important aspect to take into account is the issue of causation. Indeed, without proving a causal link between the defendant's action and the claimant's harm, no liability can be held. This rigor is a means of...
Family Law: Comparison France Vs. China
Essay - 20 pages - Other law subjects
During the last century, the Chinese government decided to abolish the old family system and establish a new family idea: the socialist family system (the Marriage Code of 1950). This marked a turning point in Chinese common law and the beginning of a new family way of thinking. With this new...
The application of the European Arrest Warrant in the United Kingdom and its use in the fight against terrorism.
Essay - 6 pages - European law
The European Arrest Warrant (EAW) is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.' The EAW is...
The discussion of Hart and Fuller
Essay - 7 pages - Other law subjects
Natural law has to explain the nature of morality. The natural law view believes that the creation of law should be based on natural laws or common morals. Laws are based on purpose, not on meaning of the words. Natural lawyers do not separate law and morality, since an unjust law is not a law at...
Human Rights of the Dead : Posthumous interests
Essay - 5 pages - Civil law
The question of death and the deceased is at the core of the definition of human rights. Dead persons do not perceive harm: they are not in contact with the world and are unaware of reality considering they do not exist. They cannot claim their rights neither can they file a lawsuit. It could be...
The e-marketing plan of a Belgian SME: Cha-hu-the - published: 29/09/2010
Case study - 26 pages - Civil law
Nowadays, “the key question is not whether to deploy Internet technology - companies have no choice if they want to stay competitive- but how to deploy it”. Since 2008, the penetration rate of the Internet is 48.1% in Europe, and the average of the world is 21.9%. More specifically,...
Is the adversarial system of criminal procedure more or less effective than an inquisitorial system in finding out the truth about an alleged offence? Advantages and disadvantages of adversarial and inquisitorial criminal procedure - published: 29/09/2010
Essay - 7 pages - Criminal law
As early as 1866, Faustin Helie, a French judge and legal author, underlined the idea of a necessary equilibrium between the interests of the society (which needs to be protected from infringements) and the interests of the accused persons (whose rights must be totally guaranteed) in the criminal...
English legal system: The Sources of English Law
Course material - 87 pages - Constitutional law
The judicial decisions are the first to be found to develop a system. Today, they are still influencing the system as a whole. Judicial decisions have a weight that their continental counter part does not have. In England, under certain requirements, decisions are biding the judge with the...
Plessy Vs Ferguson, 1896
Law case - 5 pages - Civil law
Slavery was 'politically' abolished during the Civil War in 1863 by the 'Emancipation Proclamation' of President Lincoln, who used his formal powers in order to deprave the south of its first source of income. This was rather a pragmatic declaration than a real political decision....
The Salomon case
Case study - 3 pages - Business law
Since the Salomon case, the doctrine of separate corporate personalities constitutes the corner stone of British company law. Thus, a properly incorporated company is considered as having a legal personality of its own and ought to be treated as a legal entity distinct from its shareholders even...
The structure of the International Criminal Court
Worksheets - 2 pages - International law
The ICC is composed of four organs: the Presidency, the Judicial Divisions, the Office of Prosecutor and the Registry. First of all, it is interesting to point out the functions of the Assembly of States Parties, the only non-judicial organ where States Parties can express themselves, as their...
The Law Reform Committee Essay: Murder (Rethinking the Mandatory Life Sentence)
Essay - 5 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 by death without...
Criminal law : consent
Essay - 4 pages - European law
In criminal law, there exists a defense of consent. Within this defense, there is a general rule that a person cannot consent to his being caused actual bodily harm. No one can ever lawfully consent to his own death-R v Young . This opens the debate on issues related to euthanasia, illustrated in...
"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"
Essay - 5 pages - European law
The rule of law is often expounded as a pillar of the English Constitution. It was described by Lord Bingham as "the second great rock on which [Dicey?s] constitutional edifice was founded". It was referred to as a statute for the first time, in the Constitutional Reform Act 2005, as an "existing...
Introduction to torts and the nominate torts
Essay - 3 pages - Other law subjects
The word ?torts' is used to denote many civil wrongs. A tort is defined in formal terms as a civil wrong which gives rise to an action for damages, other than the one which is exclusively breach of contract or breach of trust or other equitable obligation. As common law, the law of torts grew...
Struggles for Recognition in the Democratic Constitutional State, Jurgen Habermas
Book review - 3 pages - Civil law
Jurgen Habermas, a German philosopher and sociologist born in 1929, has propounded theory inscribed in the tradition of the significant theory and American pragmatism. He has written several pieces about communication, social identity, Europe and multiculturalism in the post-national...
Small and Medium Enterprises in Morocco
Worksheets - 3 pages - Civil law
The SME's represent more than 93% of the Moroccan enterprises. However, despite of their preponderance in the Moroccan economic context, they employ only 44% of the active population, represent only 38% of the national production and their contribution in the GDP is weak. The SME's are...
International Business Law: Three cases
Essay - 6 pages - Business law
This paper talks about a buyer, located in Miami, who ordered 2,500 cell-phones from company for a total amount of $150,000 (including the shipping charge). But there were several problems with this order: the order was delayed and the phones were damaged by moisture during shipping. One of the...
