II. Regression and Reform in the Law of Domicile

2007 ◽  
Vol 56 (2) ◽  
pp. 453-462 ◽  
Author(s):  
Peter McEleavy ◽  
Peter McEleavy
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Business Community ◽  
Legislative Process ◽  
Community Resident ◽  
The United Kingdom ◽  
Political Expediency ◽  
The World ◽  
The Face ◽  
The Law

In the United Kingdom the law pertaining to domicile has the rather dubious distinction that, although subjected to concerted criticism from commentators and law reformers alike for over half a century, it has largely remained unchanged.1 Common law jurisdictions around the world have succeeded in passing legislation which, to varying degrees, has modernized the concept,2 yet in Britain a series of initiatives have either failed to complete the legislative process or not even made it to Parliament.3 The reason in each instance was less the substance of the proposals, but rather political expediency in the face of pressure from the overseas business community resident in the United Kingdom, who feared extended fiscal liability if the connecting factors were attributed with a less legalistic interpretation.4

scholarly journals Culture Shock and Job Expectations Adjustment among Nigerian Self-Initiated Expatriates in the United Kingdom

2019 ◽  
Vol 9 (1) ◽  
pp. 81
Author(s):  
Oluwadare, Sunday Victor
Keyword(s):  
United Kingdom ◽  
Culture Shock ◽  
Cultural Adjustment ◽  
Job Dissatisfaction ◽  
Thick Description ◽  
Job Expectations ◽  
The United Kingdom ◽  
The World ◽  
The Face ◽  
Depth Interviews

Purpose: A great number of people in the world today, live and work outside the shores of their nations of origin. It is imperative to investigate how they are faring in the face of job satisfaction/dissatisfaction and the divergent cultural environment of their sojourn in order to correctly harness their inter-cultural usefulness across the globe. This research investigated the factors that influenced the relocation of Nigerians to the United Kingdom and sustained them there, in spite of their job experiences and culture shock.Methodology/Approach: Methodology triangulation of both questionnaire survey on seventy-six participants and six in-depth interviews was employed. Reflexivity, thick description and grounded theory were the approaches engaged in the data analysis and Interpretation of results.Findings: The findings revealed that multiple reasons like education, economic, socio-political and personal, are ‘pushing’ Nigerians from home and ‘pulling’ them to the United Kingdom. It was also discovered that the Nigerians in the United Kingdom, are experiencing different forms of job dissatisfaction and culture shock but for some salient reasons, they adjust fairly well to the environment.Keywords: Self-initiated expatriates, job expectations, culture shock, and socio-cultural adjustment.

The Future of Informed Consent in British Common Law

1999 ◽  
Vol 6 (3) ◽  
pp. 235-248 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Informed Consent ◽  
Medical Profession ◽  
Common Law ◽  
European Convention ◽  
The United Kingdom ◽  
The Future ◽  
The Common ◽  
The Law

AbstractWithin the common law world, the use of the term informed consent implies the American doctrine. Informed consent as a doctrine is not part of the law in the United Kingdom. However, it is possible to predict a way forward in disclosure cases yet to be heard in the courts of the United Kingdom. These predictions are based on current developments in the common law in the United Kingdom as well as those in Canada and Australia, on the European convention on Human Rights and Biomedicine and on trends within the medical profession itself in the light of the Bolam test.

An Outline of the Law Governing the Relationship between Banker and Customer in Kenya

1975 ◽  
Vol 19 (1-2) ◽  
pp. 52-65
Author(s):  
Margaret Rogers
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
General Application ◽  
The United Kingdom ◽  
The Common ◽  
The Law ◽  
The Relationship

It is perhaps desirable to start off by reminding ourselves as to what generally is the law which is applicable to bankers in Kenya. We know that the sources of Kenya law as set out in the Judicature Act, 19671 are:“;(a) the Constitution;(b) subject thereto, all other written laws, including the Acts of Parliament of the United Kingdom, cited in Part I of the Schedule to this Act, modified in accordance with Part II of that Schedule;(c) subject thereto and so far as the same do not extend or apply, the substance of the common law, the doctrines of equity and the statutes of general application in force in England on the 12th August, 1897, and the procedure and practice observed in courts of justice in England at that date:…”;

5 Treaties

1986 ◽  
Author(s):  
Mann F A
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Prime Minister ◽  
Legislative Process ◽  
English Court ◽  
Constitutional Convention ◽  
The United Kingdom ◽  
The Law

By the law of the United Kingdom the conclusion of a treaty at all its stages is a matter of the prerogative, so that the Executive alone, that is Her Majesty the Queen on the advice of the Prime Minister, a Minister of the Crown, an Ambassador, or other officials have the power to conclude, that is to sign and ratify it, and thus to bind the United Kingdom in the sense of international law, though by the so-called Ponsonby rule, as a matter of constitutional convention, the Executive will not normally ratify a treaty until twenty-one parliamentary days after the treaty has been laid before both Houses of Parliament. In order to be unquestionably cognizable by an English court a treaty has to be the object of the established legislative process, that is to say, it has to have the sanction of a statute passed by Parliament.

scholarly journals PASSPORTS, THE RIGHT TO TRAVEL, AND NATIONAL SECURITY IN THE COMMONWEALTH

2020 ◽  
Vol 69 (2) ◽  
pp. 365-395
Author(s):  
Paul F. Scott
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
National Security ◽  
Common Law ◽  
The United Kingdom ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Statutory Basis

AbstractThis article, on the basis of a consideration of the development of the law relating to the use of passports as a tool of national security in the United Kingdom, Canada, Australia and New Zealand, challenges the common law conception of passports, arguing that passports effectively confer rights and so, consequentially, that the refusal or withdrawal of a passport represents a denial of rights. From this conclusion a number of points flow. Though these consequences are most acute for the United Kingdom and Canada, in which passports remain regulated by, and are issued under, prerogative powers, there are also a number of points of significance for Australia and New Zealand, where passports have a statutory basis.

Illegal Earnings

2018 ◽  
Vol 9 (1) ◽  
pp. 54-80
Author(s):  
James Goudkamp ◽  
Lorenz König
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Tort Law ◽  
Contract Law ◽  
Private Law ◽  
The United Kingdom ◽  
Considerable Promise ◽  
The Subject ◽  
The Common ◽  
The Law

AbstractThis article addresses the principles of tort law that govern claims in respect of lost illegal earnings. It focuses on common law jurisdictions (and the law in the United Kingdom in particular) where such claims, despite apparently being commonplace, have been largely ignored by academics. It describes the existing law and calls in aid in this regard a four-fold taxonomy of cases. The article then turns attention to how claims in respect of lost illegal earnings ought to be decided. At this juncture, the article looks to ideas emanating from German tort law, which has developed a highly sophisticated jurisprudence on the subject of illegal earnings. The German approach, stated simply, requires tort law to defer to rules in other departments of private law. If, for example, contract law would not protect an interest that a claimant has in a particular transaction by reason of the transaction being tainted with illegality, tort law will not allow a claimant indirectly to obtain the benefits of that transaction via a claim for lost illegal earnings. It is argued that the German solution holds considerable promise and merits consideration as a serious alternative to the significantly more complicated principles that the common law courts have developed, which principles currently lack any thoroughgoing rationalisation.

scholarly journals Pengadilan Sebagai Lembaga Penegakan Hukum (Perspektif Civil Law dan Common Law)

2016 ◽  
Vol 12 (1) ◽  
pp. 134
Author(s):  
Anna Triningsih
Keyword(s):  
United Kingdom ◽  
Law Enforcement ◽  
Common Law ◽  
Civil Law ◽  
European Continent ◽  
Law System ◽  
Advantages And Disadvantages ◽  
The United Kingdom ◽  
The Law ◽  
The Government

Law, as an justice institution run its functions through a specific process towards a certain direction in order to achieve justice. Justice now a days is needed as something concrete as the fulfillment of the most basic needs of the community. Law enforcement, in parliamentary life is run by the Government (the executive organs) and through the courts (judicial organ).There are different approaches in law enforcement. The rule of law in the Civil Law System which is shared by the countries in the European continent or land use law, also known as legal approach. In the Common Law System which is shared by the United Kingdom and the United Kingdom speaking countries, using the administration approach of the Administration, called the administration of justice. Implementation of the fundamental principles of the law, or because of its emphasis on the steps of a procedure in the event properly can make the law as an unrealistic myth, inefficient and far from the purpose of    the law and implies the occurrence of loss of trust from the community, while the basic principles of administration, because of its emphasis on the achievement of business objectives efficiently will have implications for the lack of certainty in law enforcement that is essential for the achievement of Justice for everyone. Besides that addition, it also can be an opportunity for the Court arbitrariness because discretion has its wide open room. Every Legal Approach has its own advantages and disadvantages. Making option to choose which legal approach as an appropriate and good policy in law enforcement is related to the characteristics and level of knowledge of the community also the environment where these law applied.

scholarly journals Human Rights in Hong Kong

1999 ◽  
Vol 29 (1) ◽  
pp. 45
Author(s):  
Robin Cooke
Keyword(s):  
Human Rights ◽  
Hong Kong ◽  
United Kingdom ◽  
New Zealand ◽  
Constitutional Law ◽  
Common Law ◽  
Human Rights Law ◽  
The United Kingdom ◽  
The World ◽  
The Republic

In this address to the UNDR commemorative seminar in April 1998 Lord Cooke speaks of human rights, his current judicial roles and the prospects for a common law of the world. Lord Cooke discusses the importance of human rights law in both substance and implementation. The author reports on the process of implementing constitutional law and human rights in New Zealand, Samoa, the Republic of Fiji, the United Kingdom, and Hong Kong. 

Property

2019 ◽  
pp. 278-304
Author(s):  
Adrian Briggs
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Common Law ◽  
Foreign Country ◽  
Private International Law ◽  
The United Kingdom ◽  
The Common ◽  
The Law ◽  
The Eu

This chapter discusses English private international law in terms of property. The private international law of property covers immovable and movable property, tangible and intangible property, as well as intellectual and family property. In the United Kingdom, most of the conflicts rules are established by the common law. Although the EU intervened to harmonize private international law in the fields of succession to property and matrimonial property, those Regulations did not extend to the United Kingdom. Where the conflicts rules are found in the common law, a court may be entitled to apply the law selected in its renvoi sense: that is to say, to apply the law (including any conflicts rules) as it would be applied by a judge sitting in the foreign country and hearing the case himself.

Parliamentary Privilege in New South Wales

2020 ◽  
Vol 48 (1) ◽  
pp. 20-26
Author(s):  
Stephen Frappell
Keyword(s):  
United Kingdom ◽  
New South ◽  
Common Law ◽  
New South Wales ◽  
The United Kingdom ◽  
South Wales ◽  
The Common ◽  
The Law ◽  
The Individual

The law of parliamentary privilege in New South Wales is the sum of certain immunities, rights, and powers enjoyed by the individual Houses of the Parliament of New South Wales, together with their members and committees, as constituent parts of the Legislature. The law is complex. It is liberally interspersed with uncertainty and ambiguity. It is also distinctly different from the law of privilege in other Australian jurisdictions, including the Commonwealth, and also from overseas jurisdictions. It is singular in the degree to which it relies on the common law, without recourse to statutory expression or to the historical privileges of the Houses of Parliament in the United Kingdom. Nevertheless, in some respects, the Parliament of New South Wales has been remarkably successful through the courts, and through its own procedures, in asserting the powers and rights of members under the banner of parliamentary privilege, notably in relation to orders for the production of State papers.

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