Muslim Marriages in English Law

1972 ◽  
Vol 30 (1) ◽  
pp. 120-143 ◽  
Author(s):  
David Pearl
Keyword(s):  
High Court ◽  
New Family ◽  
Large Numbers ◽  
House Of Lords ◽  
Muslim Immigrants ◽  
Family Division ◽  
The Subject ◽  
English Law ◽  
The Law

The purpose of this article is to review some of the numerous problems facing the new Family Division of the High Court which arise out of the reception of large numbers of Muslim immigrants into this country. The appearance of the Law Commission's Report on Polygamous Marriages and the debate in the House of Lords on Lord Simon's proposed amendment to the Recognition of Divorces and Legal Separations Act highlight the importance of the subject for the profession.

The Report of the Lunacy Law Committee of the House of Commons, 1878

1878 ◽  
Vol 24 (106) ◽  
pp. 279-286
Keyword(s):  
House Of Commons ◽  
Good Case ◽  
The Subject ◽  
English Law ◽  
The Law

Our readers are already fully acquainted with the evidence given before this Committee (See Jan. No., 1878, Vol. xxiii., p. 457). Its report has now been issued, and as it is very short, we reprint it in extenso. Its purport is mild, and, on the whole, those engaged in the administration of the Lunacy Laws of the kingdom, the physicians to asylums, and the British public have reason to be satisfied. The recommendations of the Committee closely coincide with the points on which, in the article referred to (p. 520), we stated there had been a fairly good case made out for alterations in the law. of the 22 recommendations made by this Committee, 17 were advocated by us. In our opinion the chief omission in the report is a recommendation that the whole mode of administering the property of the insane in England should be reformed. We showed most conclusively, from the evidence of those persons best acquainted with its working, that the English law is, in this respect, cumbrous, inefficient, and unjust. The deficiencies of the Irish and Scotch Lunacy Laws, and their administration, pointed out by us, are ignored by the Committee. The subject of Criminal Lunacy, and the clear call that has been made out for a revision of the existing statutes in regard to it, has also been left unnoticed.

“Autonomic judicial review”: powers in search of identity and assertion

1999 ◽  
Vol 43 (1) ◽  
pp. 99-111
Author(s):  
Bu-Buakei Jabbi
Keyword(s):  
Judicial Review ◽  
Public Law ◽  
Special Method ◽  
High Court ◽  
Judicial Decisions ◽  
The Subject ◽  
English Law ◽  
As If

In English law, since 1977 at least, the term “application for judicial review” has come to refer to the special method of applying for public law remedies in the supervisory jurisdiction of the High Court over inferior courts and administrative bodies or authorities. Moreover, die fine expositions flowing from that jurisdiction—comprising judicial decisions, dicta and learned writings alike—have tended to sound at points as if “judicial review” might be more or less coterminous with “supervisory review”. A useful introduction to the subject, ostensibly setting out “to examine the various different review jurisdictions vested in die English courts”, however, ends up acknowledging and treating only the appellate and supervisory jurisdictions.

scholarly journals The Reception of English Law

1969 ◽  
pp. 29 ◽  
Author(s):  
J. E. Cote
Keyword(s):  
Legal History ◽  
Short Discussion ◽  
General Rules ◽  
The Subject ◽  
English Law ◽  
The Law ◽  
Canadian Provinces

new country is faced with choice in deciding upon system of law for itself. It can either copy someone else's codified law or it can adopt system of law which is largely judge-made. If it opts for the latter it cannot afford to spend centuries building up system of judge-made law. Therefore it must copy the rules of society which has already developed sophisticated body of such law. Most of the Commonwealth nations have chosen the latter route and as result have received English law as their own. The rules and consequences inherent in such a reception are discussed in this article. After short discussion of the distinction between the Imperial law in force proprio vigore and the English law received in the colony as such, the modes of reception of English law are described. In this respect the differences in reception between settled and conquered colonies are outlined. The parts of English law which have been received and the general rules of applicability as well as the applicability of particular areas of the law are also analyzed. The article concludes with discussion of repeal, amendment and reform of imported English law by the country receiving such law. An appendix contains an account of the reception of English law in each of the Canadian provinces. The subject of this article is often considered as part of legal history. It should be stressed however that this is not the case, as all the rules described are rules of present-day law and many of them are being applied and expounded continually, particularly in Australia and Canada. This is the author's second article in this area; the first being The Introduction of English Law Into Alberta, (1964) Alta. L. Rev. 262.

scholarly journals On the court jurisdiction in case of litigation between entrepreneurs

2019 ◽  
Vol 13 (1) ◽  
pp. 655-662
Author(s):  
Cristina Cojocaru
Keyword(s):  
Supreme Court ◽  
Legal Framework ◽  
Civil Code ◽  
High Court ◽  
Application Of Law ◽  
Territorial Jurisdiction ◽  
Specialized Courts ◽  
The Subject ◽  
The Law ◽  
Practical Implications

Abstract According to the Romanian legislation, the parties may agree in writing that the disputes concerning goods and other rights deriving from the non-performance of the contract be judged by other courts that, according to the law, would have territorial jurisdiction to hear the case, unless the competence of the court is exclusive. By decision no. 18/2016 the Romanian High Court of Cassation and Justice, through the competent division to judge the appeal in the interest of the law, decided that in matters of procedural substantive (material) jurisdiction of the specialized courts, the competence of the specialized courts is determined depending on the object or the nature of disputes such as those considered examples by art. 226 paragraph 1 of Law no. 71/2011 on the application of Law no. 287/2009 on Civil Code. Considering also this decision, the article aims to analyze the practical implications of another recent decision of the Romanian supreme court, namely Decision no. 561/2018, on the competence of the specialized court in litigations between entrepreneurs and, without claiming to cover extensively the subject, to offer a view on the Romanian current legal framework, on the court jurisdiction and the notion of professional, underlining the freedom of entrepreneurs or professionals of choosing the relevant court.

The Report of the Lunacy Law Committee of the House of Commons, 1878

1878 ◽  
Vol 24 (106) ◽  
pp. 279-286
Keyword(s):  
House Of Commons ◽  
Good Case ◽  
The Subject ◽  
English Law ◽  
The Law

Our readers are already fully acquainted with the evidence given before this Committee (See Jan. No., 1878, Vol. xxiii., p. 457). Its report has now been issued, and as it is very short, we reprint it in extenso. Its purport is mild, and, on the whole, those engaged in the administration of the Lunacy Laws of the kingdom, the physicians to asylums, and the British public have reason to be satisfied. The recommendations of the Committee closely coincide with the points on which, in the article referred to (p. 520), we stated there had been a fairly good case made out for alterations in the law. of the 22 recommendations made by this Committee, 17 were advocated by us. In our opinion the chief omission in the report is a recommendation that the whole mode of administering the property of the insane in England should be reformed. We showed most conclusively, from the evidence of those persons best acquainted with its working, that the English law is, in this respect, cumbrous, inefficient, and unjust. The deficiencies of the Irish and Scotch Lunacy Laws, and their administration, pointed out by us, are ignored by the Committee. The subject of Criminal Lunacy, and the clear call that has been made out for a revision of the existing statutes in regard to it, has also been left unnoticed.

scholarly journals ACTS OF TORTURE AS AN INSTRUMENT OF GOVERNMENT POLICY IN THE COLONY OF CYPRUS IN THE 1950S AND CHOICE OF LAW

2018 ◽  
Vol 67 (4) ◽  
pp. 1005-1020
Author(s):  
Uglješa Grušić
Keyword(s):  
Government Policy ◽  
Choice Of Law ◽  
High Court ◽  
Vicarious Liability ◽  
Security Services ◽  
Secretary Of State ◽  
British Military ◽  
English Law ◽  
The Law ◽  
The 1950S

AbstractThis article notes the judgment in Sophocleous v Secretary of State for the Foreign and Commonwealth Office, in which the High Court dealt with the law applicable to civil claims arising out of alleged acts of torture committed by British military and security services in the colony of Cyprus in the 1950s. The judgment is important because it sheds light on some underexplored corners of choice of law (law governing the external aspects of vicarious liability and of accessory liability in tort) and reaches the conclusion, which runs against the grain of other recent judgments given in civil claims brought against the Crown for the external exercise of governmental authority, that English law governs.

Native Tribunals In The Gold Coast 1844—1927

1957 ◽  
Vol 1 (3) ◽  
pp. 163-171 ◽  
Author(s):  
A. N. Allott
Keyword(s):  
West Africa ◽  
Gold Coast ◽  
Customary Law ◽  
Melting Pot ◽  
The Future ◽  
The Subject ◽  
English Law ◽  
The Law ◽  
Local Courts

Throughout British Africa today the future of the native courts (otherwise called African, customary, or local courts) is in the melting-pot, and is the subject of much discussion and deep concern. Considerable legislative and administrative changes affecting these courts are already being made, especially in West Africa. What are to be the relations between the superior courts of a territory, predominantly administering English law, and the native courts whose primary law remains African customary law? How are the law, practice and procedure followed by native courts to be moulded and modified to adapt them to the conditions of today and tomorrow? In the study of these important questions a backward glance at history does not come amiss, and may indeed help to illumine the problems of the present.

Osman and police immunity in the English law of torts

Legal Studies ◽  
2000 ◽  
Vol 20 (3) ◽  
pp. 372-392 ◽  
Author(s):  
Paula Giliker
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
United Kingdom ◽  
European Convention ◽  
European Court ◽  
House Of Lords ◽  
English Law ◽  
The Law

This article examines and questions the nature of police immunity from claims for negligence in the investigation and suppression of crime, as stated by the House of Lords in Hill v Chief Constable of West Yorkshire. This issue has been discussed before the European Court of Human Rights in Osman v United Kingdom, where the court held that a blanket application of the immunity was contrary to art 6 of the European Convention on Human Rights. This article will argue that this decision does not overturn the basic public policy principles for the immunity stated in Hill and that further examination of this area of law is required. It is submitted that if the law is considered in terms of proximity rather than in terms of public policy immunity, a clearer understanding of the principles underlying this area of law can be reached together with the desirable goal of removing the term ‘immunity’ from this area of law.

Res Ipsa Loquitur: The Australasian Experience

1954 ◽  
Vol 12 (1) ◽  
pp. 118-132
Author(s):  
D. P. O'Connell
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Burden Of Proof ◽  
House Of Lords ◽  
Difference Of Opinion ◽  
The Subject ◽  
The Law ◽  
Court Of Appeal ◽  
Res Ipsa Loquitur

Dr. T. Ellis Lewis in this Journal in 1951 discussed the operation of the maxim res ipsa loquitur in relation to the burden of proof and proposed certain conclusions. So thorough was his analysis of the question that one would hesitate to intrude upon the field but for the fact that the problems posed by his article and specifically left open by the House of Lords in Barkway's case have recently been considered by the New Zealand Supreme Court and Court of Appeal. A frank difference of opinion on the nature of res ipsa loquitur manifested itself in each court, and hence no excuse is offered for advancing this discussion, which can only be complementary to that of Dr. Ellis Lewis. Advantage will be taken of the opportunity to consider the Australian contributions to the subject. There is perhaps too little awareness in England that many of the academic battles of the law are regularly being fought out in the Australian and New Zealand courts.

scholarly journals LITIGATION, THE ANGLO-SCOTTISH UNION, AND THE HOUSE OF LORDS AS THE HIGH COURT, 1660–1875

2017 ◽  
Vol 61 (4) ◽  
pp. 943-967 ◽  
Author(s):  
PHILIP LOFT
Keyword(s):  
Eighteenth Century ◽  
Subject Matter ◽  
Civil Law ◽  
England And Wales ◽  
High Court ◽  
House Of Lords ◽  
The Subject ◽  
The Revolution

AbstractThis article examines the role of the House of Lords as the high court from the Restoration of 1660 to the passage of the Appellate Jurisdiction Act in 1876. Throughout this period, lay peers and bishops judged appeals on civil law from the central courts of England and Wales, Ireland (aside from between 1783 and 1800), and Scotland after the Union of 1707. It has long been known that the revolution of 1688–9 transformed the ability of parliament to pass legislation, but the increased length and predictability of parliamentary sessions was of equal significance to the judicial functions performed by peers. Unlike the English-dominated profile of eighteenth-century legislation, Scots constituted the largest proportion of appellants between 1740 and 1875. The lack of interaction between Westminster and Scotland is often seen as essential to ensuring the longevity of the Union, but through comparing the subject matter of appeals and mapping the distribution of cases within Scotland, this article demonstrates the extent of Scottish engagement. Echoing the tendency of Scottish interests to pursue local, private, and specific legislation in order to insulate Scottish institutions from English intervention, Scottish litigants primarily sought to maintain and challenge local privileges, legal particularisms, and the power of dominant landowners.

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