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Thème juridique : Rule of law

Rule of law

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28 Oct. 2009

"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...

21 mai 2021

An Introduction to the study of the law of the constitution - Albert Venn Dicey (1885)

Commentaire de texte - 2 pages - Droit constitutionnel

Le texte que nous allons étudier est "An Introduction to the study of the law of the constitution" de Albert Venn Dicey. Albert Venn Dicey est un juriste britannique, théoricien des lois constitutionnelles. Dicey est un diplômé du Balliol College d'Oxford et a été...

12 Mars 2019

International competition law: extraterritoriality matters, conflicts of decisions

Cours - 6 pages - Droit international

One criterion in Europe: effect doctrine. Competition rules exist on the European scale, but we don't have a worldwide competition law. In the past, the WTO tried to set up a worldwide code with antitrust rules: the Munich Group. It was hard to reach an agreement between...

17 juin 2014

Introduction to the Challenges of European and French Law in Legal Informatics

Dissertation - 15 pages - Droit européen

The " new technologies " which appeared thirty years ago and are characterized by a considerable development are subject to fundamental legal questions. The definition of new technologies remains vague and includes the information and communication technologies. The information and...

04 août 2014

Global litigation and conflict of laws

Cours - 5 pages - Droit international

Whether A can have the Belgian court cease the proceedings pending before it on the basis that parallel proceedings are pending in France depends on whether the case at hand fulfills the criteria of parallel proceedings, which is that the proceedings must involve “the same cause...

26 Mars 2013

Choice of law by the arbitrator

Étude de cas - 3 pages - Droit autres branches

One of the main problems faced by the arbitrator when it comes to choice of law is the question of mandatory rules of law. A mandatory rule, as defined by Professor Mayer, refers to “an imperative provision of law which...

23 Oct. 2013

Conflict of Laws

Dissertation - 5 pages - Droit civil

The recognition of same-sex marriage is becoming an issue in many countries, and there are today 14 countries allowing same-sex marriage, including Netherlands, Spain, Portugal, Sweden, Norway, Belgium, Brazil, South Africa, Argentina, and 11 states of the United States. In...

04 juil. 2012

Critical assessment of the contribution of Rome II to the subject of choice of law in tort

Étude de cas - 12 pages - Droit des affaires

The Rome II Regulation on the law applicable to non-contractual obligations(hereafter referred to as “Rome II”) was adopted by the European Parliament and the Council on July 11th 2007. It was the result of a long process that started in 1967 with the preparation of...

03 févr. 2012

Conflict of laws, Exequature

Commentaire d'arrêt - 21 pages - Droit civil

Article 2412 of the civil code Difference between “exequatur” and “enforcement” even if it's the same etymology. Exequatur: suspensive effect CJCE, Deutsche Genossenschaft vs Soc. Brasserie du Pêcheur, 2 July 1985. CJCE, Hoffmann c. Krieg, 4 February 1988. The...

04 juil. 2012

Assessing the impact of parental marital status in relation to Irish child law: should Constitution be amended?

Étude de cas - 10 pages - Droit des affaires

“It cannot be contested that a person born outside marriage, is a human person, equal to one born within marriage” . In this statement, Justice Walsh points out the differential treatment between marital and non-marital children which is derived from the Irish Constitution. By letting...

06 févr. 2011

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...

10 mai 2010

European Law - Article 30 of the Treaty of the European Union

Commentaire de texte - 4 pages - Droit européen

Article 230 of the Treaty of European Community is the principal Treaty which can challenge community norms. Four conditions have to be satisfied in order to allow this mechanism. First of all, the act has to be quoted by the article, secondly the institution or person who...

17 Janv. 2010

English legal system: the Sources of English Law

Cours - 87 pages - Droit constitutionnel

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...

10 mai 2010

Public international law - the problems associated with the proliferation of international judicial bodies

Dissertation - 7 pages - Droit international

Since the end of the Cold War, a new phenomenon in international law has surfaced: the proliferation of international judicial bodies as a consequence of the increasing number of treaties. More than just a numeral observation, there have been changes concerning...

28 avril 2010

Contracts and tort law - Causation and loss of chance

Dissertation - 10 pages - Droit des obligations

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...

19 mai 2010

The European Court of Justice and the rule of Precedent

Dissertation - 5 pages - Droit européen

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"....

28 avril 2010

Conflict of laws and Crossborder litigation What is comity?

Dissertation - 5 pages - Droit international

Comity, first referred to as comitas gentium by Ulrich Huber in the 17th Century, literally translates to courtesy of people. It provides, in fact with an intellectual and legal justification, the recognition of a foreign law by a sovereign state without weakening the...

29 mai 2010

Primacy / Supremacy of European Community Law against Sovereignty of the Member States

Mémoire - 25 pages - Droit européen

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...

10 mai 2010

The legal system of common law in Anglo-Saxon

Dissertation - 4 pages - Droit international

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...

28 avril 2010

Conflict of laws and Crossborder litigation - The slavery issue and the conflict of laws

Dissertation - 6 pages - Histoire du droit

In the field of the conflict of laws, slavery is often perceived as the most difficult question which the courts had to face. Indeed, it is hard to have an indifferent view on the issue, as it involves matters of philosophical, humanitarian, moral, political and...

23 juil. 2010

The Selection of the Law

Fiche - 2 pages - Droit du travail

According to the article 3 (1) of regulation Rome 1: The contract should be governed by the law chosen by the parties. This law can be designated in the contract. The cases of express selection are the simplest cases. In these cases, the parties have inserted the...

01 juil. 2010

Three Case Studies of Business Law

Dissertation - 7 pages - Droit des affaires

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...

25 Mars 2009

There is no sense in maintaining different rules for tracing at law and in equity. One set of tracing rules is enough

Dissertation - 3 pages - Droit des affaires

In the administration of a trust, the trustee is the one that assumes a range of duties and responsibilities. When a breach of trust occurs, the trustee might be liable for both acts of omission and commission. There are several ways a beneficiary can pursue remedies...

05 juil. 2009

The difficult application of canadian criminal law in Nunavut

Thèse - 57 pages - Droit international

With its creation in 1999, the new territory of Nunavut hoped to solve the social and economical problems it was facing. For the second time in the history of the Poles, indigenous people were given the right by the government to decide their future. The first Inuit to be recognized...

22 Oct. 2009

The crime of genocide: a political crime under international law?

Dissertation - 5 pages - Droit international

On the 7th of December, the Chief Prosecutor of the ICC, Dr. Luis Moreno-Ocampo evoked the fact that genocide trial is no more a political decision and then he explained the necessity to convince the Security Council of the United Nations (which is obviously a political...

27 déc. 2009

Law of contract

Dissertation - 1 pages - Droit des obligations

Kathy, aged 17, decided to leave home because she did not get on with her parents. Over the next three week she entered into different agreement. This paper will discuss the legal effects of these agreements. Firstly, she borrowed £500 from her older brother to tide over until she could...

10 juil. 2009

The protection of women under human rights law, international criminal law and international humanitarian law

Dissertation - 6 pages - Droit international

International Women's Day is on the 8th of March. It is a day for women to remember "nine decades of struggle for equality, justice, peace and development?. It is also an opportunity to look at the advances made in the protection of women. Women are all different but the...

16 Mars 2009

Critically discuss the contributions of the Third World Approaches to International Law (TWAIL) movement to international legal scholarship

Dissertation - 6 pages - Droit international

After the World War II and its atrocities, a new international institution, the United Nations (UN) was created in 1945 to focus on the new challenges faced by the international community. One of the major challenges was the wave of decolonization which started between the two World...

24 mai 2008

A critical analysis of the provisions made in family law for homosexual couples in Scotland and France with particular reference to adult relationships

Dissertation - 7 pages - Droit pénal

The Homosexuality is not anymore a painful problem and in our days people speak easily about their homosexuality. The Homosexuality is severely condemned in sacred texts that approach questions link to procreation, the family model, filiations and for which, homosexuality is against nature. For...

06 Mars 2008

International business law - Simulation of a Company selling Cell Phones

Dissertation - 11 pages - Droit des affaires

In this assignment, we analyze and try to build some solutions for a typical business law case. In the general context, let us assume we are a 75-person company called "Company" in the fictional French-speaking country of Euphoria, whose capital is Anytown, and which has a legal...