"The State of exception" in France and the United Kingdom
Dissertation - 4 pages - Libertés publiques
The concept of state of exception belongs to the legal theory of Carl Schmitt. It is concerned by the state of emergencies based on the sovereign's ability to transcend the rule of law for or at least in the name of the public good. In the United Kingdom and France, the state of...
Implementation of European Law in a federal state: The Belgian case between coherence and autonomy
Fiche - 9 pages - Droit européen
‘Ultimately the impact of EU rules depends on the willingness and capacity of Member States authorities to ensure that they are transposed and enforced effectively and fully and on time' (Graver) . This statement from the European Commission in its White Paper on...
Ending contractual obligations: factors and discharge
Dissertation - 11 pages - Droit des obligations
The common law has always taken the view that people enter into contract voluntarily. It follows that if the contract was made without full knowledge of the facts, or if a person was forced to make a contract against his or her will, a court would consider that contract to be banned. The vast...
Jurors vs Judges: a power and knowledge issue
Dissertation - 8 pages - Droit autres branches
The jury system in the United States has been subject to a lot of controversy. Most Americans still support the basic concept of the jury trial, especially in criminal cases, where the juries are composed of average citizens as an important bulwark against the potential tyranny of the government....
NAFTA's Chapter Eleven and Fair and Equitable Treatment
Dissertation - 2 pages - Droit des affaires
The interpretation of Article 1105 of the North American Free Trade Agreement or the NAFTA has generated and will generate many controversies regarding the meaning of its first paragraph. Given this provision's open language, the controversies and doubts are understandable....
NAFTA's Chapter Eleven and Non-Discriminatory Treatment
Dissertation - 2 pages - Droit des affaires
One of the first and foremost agreements which has been driven by policy considerations is the NAFTA agreement. This agreement was especially created so that three important countries in the world (US, Mexico and Canada) would benefit economically. On clearly assessing this...
Email to a colleague at work and apology's letter
Lettre type - 2 pages - Droit du travail
I have just received your email regarding your VIP guest problem. As I understand, your customer is used to the Guoman in Hanoi, but the hotel is fully booked. I have the solution to your issue. I would recommend the "Lucky Plaza Hotel", a wonderful 3 stars hotel (not part of the big chain...
European Labour law: Compare and contrast the role and concerns of International Law with those of European Law in the field of Employment
Thèse - 7 pages - Droit européen
Employment law is a contract between an employer and an employee; it is issues regarding employment, workplace discrimination and other private law issues. With the evolution of the International and the European law, Employment law has evolved in parallel and must...
Criminology and criminal justice system
Dissertation - 7 pages - Droit pénal
This paper will discuss the following statement:"According to the White Paper Justice for All, the Government has succeeded in increasing prison capacity by 18 per cent, and has improved conditions inside prisons. £20 million has been invested to boost prisoners' learning facilities,...
Courts, unelected tyrants and public forums
Dissertation - 6 pages - Droit constitutionnel
In 2000, during the American presidential elections, the role of the Supreme Court was highly contested. Indeed, it consists of a majority of judges appointed by republican presidents and it decided to stop counting the voices manually in contested towns in Florida and George Bush...
The role of the ECJ's (European Court of Justice) : the consumer who is reasonably well-informed and reasonably observant and circumspect
Dissertation - 14 pages - Droit européen
The legal term of the “average consumer” was created by the European Court of Justice (ECJ) to protect the average consumer against unfair commercial practises. After the Second War World, many states were indeed inspired by Keynes's theory that aimed at division of resources...
Has the judgment of the European Court of Human Rights in Saadi v UK struck the right balance between the protection of human rights and the control of irregular migration?
Dissertation - 4 pages - Droit européen
The objective of the European Convention on Human Rights (ECHR) may be defined to ensure the rights and fundamental liberties of any individual who enters the European territory and give remedies against unlawful actions by the States. However, it has in some cases had troubles to...
The application of the European Arrest Warrant in the United Kingdom and its use in the fight against terrorism.
Dissertation - 6 pages - Droit européen
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...
How has the Buckley v. Valeo decision affected campaign finance legislation and litigation?
Étude de cas - 8 pages - Droit autres branches
The Supreme Court by its recent decision Randall v. Sorrell of the 26th of June 2006 struck down a law of the state of Vermont which severely limited the amount of money a candidate for state offices can raise and spend. The Supreme Court's rationale was based on the violation by...
Comparative study of the cohabitation contract in Greece and the PACS (Civil solidarity pact) in France
Dissertation - 5 pages - Droit de la famille
We are going to see the differences and the similarities between the recent cohabitation contract in Greece and the PACS in france which are forms of civil union, marriage. This comparative study will be based on the greek bill about the cohabitation pact and the french bill...
"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"
Dissertation - 5 pages - Droit européen
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...
Prison labor: an assessment of its role and appropriateness
Étude de cas - 18 pages - Droit civil
“Labor is not only salutary because it is the opposite of idleness; but it is also contemplated that the convict, while he is not at work, shall learn business which would support him when he leaves the prison. The prisoners therefore are taught useful trades only; and among these,...
How do the Federal Republic of Germany, Fifth Republic France and post-war Italy fulfil the criteria of Lijphart's 'majoritarian' and 'consensus' models of democracies?
Dissertation - 5 pages - Droit constitutionnel
This essay will attempt to analyse the Federal Republic of Germany, Fifth Republic France and post-war Italy thanks to Lijphart's work Democracy (1984). Lijphart classifies the ‘majoritarian' model (or ‘Westminster model') and the ‘consensual model', in function of...
Discuss the analysis and significance of the abduction and trial of Eichmann from an international law perspective, with reference to legal writing
Dissertation - 8 pages - Droit international
First, we will discuss whether the principle known as "the fruit of the poisonous tree? in the United States must be applied to the abduction of Adolf Eichmann or not. The violation of International law was "clear? according to Louis Henkin in 1968 but one cannot deny that the end justifies the...
The role (present and future) of the European Court of Justice in the protection of asylum-seekers in the European Union
Dissertation - 13 pages - Droit international
The European Court of Justice has laid down a legal Act pertaining to the judicial protection towards asylum seekers. However, this act is not completely flawless. Even if all the Member States ratify the new constitution and it be made effective thereafter, the future of the asylum...
The United States and the International Criminal Court: How valid are the US arguments for not joining the International Court ?
Dissertation - 11 pages - Droit international
A new jurisdiction in the history of international accountability of human rights is being set up, but with a limited action which makes it different than a world court. In this document we will analyze the justifications for the lack of commitment by the United States of America towards the ICC...
L'administration française et le budget européen
Cours - 7 pages - Droit européen
Cours établi en deux parties (relativement l'organisation de l'administration française dans le suivi du budget de l'UE et l'organisation de l'administration française dans la protection des intérêts financiers de l'UE) traitant des sujets précédemment cités....
"Post-parliamentary strategies need, therefore, to be recast as complements, rather than substitute, for parliamentarism at Union level" (Lord and Beetham). Discuss
Dissertation - 8 pages - Droit européen
The rejection of the Constitutional Treaty by the French and Dutch citizens in the referendum of spring 2005 has caused a revival of the EU's legitimacy issue. It was also evidence for the fact that both the continuous strengthening of the European Parliament's powers one the one hand...
United Kingdom Immigration Laws, asylum laws and anti terrorism Laws
Dissertation - 5 pages - Droit international
In recent years, public attention has been focused on asylum seekers, but their numbers have fallen sharply. They are now less than 40,000 a year of whom only a quarter are given permission to stay in Britain, yet only one in five is actually removed. Meanwhile, other forms of immigration have...
Regulations: Direct applicability and Direct effect
Dissertation - 8 pages - Droit européen
Article 249 of the European Community Treaty provides that Regulations shall be directly applicable in all Member States. Does this mean that they are also necessarily directly effective? As notices Josephine Steiner , this question is of paramount concern to EC lawyers. If a provision of EEC law...
Discuss the use made by the European Court of Justice of Articles 10 and 249 EC (ex Articles 5 and 189) to increase the effectiveness of Community law for individuals
Dissertation - 9 pages - Droit européen
International Law, by its nature binds the State in its executive, legislative, and judicial activities, and no international tribunal would permit a respondent State to plead provisions of its law or constitutions as a defence to an alleged infringement of an international...
Freedom of expression, a right between inviolability and flexibility
Dissertation - 7 pages - Droit européen
The freedom of expression is one of the things that calls for conflicts. It is not permitted in the dictatorship in order to speak about everything. It is observed that very many subjects are forbidden. An example of a forbidden topic is the critical opinion on the power, on religion. The...
Consistence between the English Criminal Justice and Article 6 of the European Convention of Human Rights
Dissertation - 8 pages - Droit pénal
The United Kingdom was one of the original parties to the European Convention of Human Rights and Fundamental Freedoms (ECHR). States which contract into the ECHR are obliged to secure the enjoyment of Convention rights for their citizens. Sometimes positive actions may be required as...
Les contrôles de l'exécution du budget communautaire
Dissertation - 5 pages - Droit international
L'actualité de la fin de l'année 1998 et du début de 1999 (scandales financiers ayant abouti à la démission de la Commission) a particulièrement mis (ou remis) en lumière la question des contrôles de l'exécution du budget de la Communauté. Comme en droit national, la distinction en matière...
Privacy and surveillance society in the UK
Dissertation - 4 pages - Droit international
"We live in a surveillance society ". This is the opening sentence of the Report on the Surveillance Society for the Information Commissioner published in September 2006. It states that Everyday life in the U.K. is monitored through the use of credit card, mobile phone, travel cards, loyalty card...
