Blowing Hot and Cold: The Role of Estoppel

2020 ◽  
pp. 131-154
Author(s):  
Larissa Katz
Keyword(s):  
Detailed Account ◽  
Private Rights ◽  
Personal Authority ◽  
Normative Significance ◽  
The Law ◽  
The Right ◽  
Formal Statement ◽  
Made In

This chapter provides a detailed account of a particular kind of estoppel. It argues that the law knows of a doctrine of “formal estoppel,” as contrasted with other, more familiar, variants. Formal estoppel is an extension of estoppel by deed, whereby a person who makes a formal statement as to their rights is estopped from subsequently denying that statement. It explains the nature and normative significance of formal estoppel in terms of the personal authority wielded by right-holders over the determination of their rights. Part of what it means to have a private right, as this chapter shows, is for the right-holder to have personal authority in relation to others’ understanding of their rights. The exercise of this authority extends to public statements made in respect of an individual’s rights. Statements by right-holders are an important way in which clarity can be reached in what an individual owes another. Recognition of the authority and responsibility of right-holders for public statements as to their rights implies that the law should treat them as binding and final. Formal estoppel is, then, the means by which courts recognize a question as to private rights as having been irrevocably decided by the right-holder.

3. Law-making: authority and process

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Detailed Account ◽  
European Institutions ◽  
Legal Principle ◽  
Different Types ◽  
Legislative Procedure ◽  
The Law ◽  
The Uk ◽  
Law Making ◽  
Made In

This chapter considers how law is made in the UK, who makes it, and whence they get the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK, and the different types of legislation that it enacts Parliament. The role of the senior courts in the development of legal principle is also considered. Finally, the law-making functions of key European institutions are discussed.

Determining a Suicide under Australian Law

2018 ◽  
Vol 41 (2) ◽  
Author(s):  
Stephanie Jowett ◽  
Belinda Carpenter ◽  
Gordon Tait
Keyword(s):  
Case Law ◽  
Law Reform ◽  
Practical Matter ◽  
The Law ◽  
Recent Government

This article examines the role of coroners in making legal determinations of suicide in Australia. Research indicates that the requirement to make findings of intent and capacity in unexpected, violent deaths can be difficult for coroners and recent government inquiries have suggested that the law contributes to the problem. A review of laws and commentary that guide coroners in Australian states and territories reveals not only that coroners are the only persons tasked with making routine legal determinations of suicide, but that such legal guidance lacks clarity. This article concludes that law reform would aid coroners by clarifying definitional issues, removing inconsistency between state jurisdictions and increasing the transparency of case law. Along with requirements for a determination of intent, which is a practical matter previously raised by the Victorian Coronial Council, such changes would go some way to ensuring that Australian suicide statistics are more reliably created.

Memory Laws as a Misuse of Legislation

2021 ◽  
pp. 1-16
Author(s):  
Eran Fish
Keyword(s):  
Free Speech ◽  
Fundamental Rights ◽  
Social Cooperation ◽  
Coordination Problem ◽  
Legal Coercion ◽  
The Right ◽  
With Memory

Memory laws are often accused of enforcing an inaccurate, manipulative or populist view of history. Some are also said to violate fundamental rights, in particular the right to free speech. These accusations are not entirely unjustified. Yet, a discussion of memory legislation that concentrates on these faults might be missing its mark. The main problem with memory legislation is not necessarily with the merits of any particular law. Rather, the determination of historical facts is not the kind of matter that should be entrusted to the legislator in the first place. The role of legislation is to make social cooperation possible despite substantial disagreement, but only when such social cooperation is indeed required. Disputes about historical facts, I argue, are not a coordination problem that requires a legislative solution. Still less can they justify legal coercion.

scholarly journals PENENTUAN OPERATOR KARTU SELULER TERBAIK MENGGUNAKAN METODE AHP(ANALITYCAL HIERARCHY PROCESS)

2017 ◽  
Vol 1 (1) ◽  
pp. 61
Author(s):  
Rizaldi Rizaldi
Keyword(s):  
Decision Support ◽  
Decision Support System ◽  
Support System ◽  
Lower Layer ◽  
Middle Layer ◽  
Ahp Method ◽  
The Right ◽  
Hierarchy Process

Abstract - The role of telecommunications technology is very important, especially in changing people's lives. The development of technology in the field of communication and information can now be enjoyed by various layers of society, starting from the upper layer, middle layer or lower layer even though the results are not satisfactory. The research entitled "Decision Support System Determination of the best cellular card operator using the AHP method" aims to provide convenience for consumers who want to buy cellular cards from various telecommunications operators according to their needs and save on bags. (economical). The number of cellular card operators provided by telecommunications makes it difficult for consumers to make the right choice, according to the desired criteria. Determining cellular cards with the AHP method is the right method to overcome the problem of determining the best cellular card with many criteria offered by each operator. These criteria include the purchase price of cellular cards, rates, promos and active periods. Keywords - Cellular card operator, Decision support system, Analitycal Hierarchy Process.

scholarly journals The role of fishery supervisors and community participation to ensure the sustainable fisheries in Indonesia’s Exclusive Economic Zone

2021 ◽  
Vol 890 (1) ◽  
pp. 012068
Author(s):  
Maskun ◽  
H Assidiq ◽  
S N Bachril ◽  
N Al-Mukarramah
Keyword(s):  
Community Participation ◽  
Fishery Management ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Fish Resources ◽  
Effective Manner ◽  
Economic Zone ◽  
The Law ◽  
The Right

Abstract Indonesia has ratified the United Convention Law of the Sea of 1982 with the Law No. 17 of 1985 concerning the Ratification of United Nations Convention on The Law of the Sea 1982. It means that Indonesia has the right to use, conserve, and manage fish resources in the Indonesia’s Exclusive Economic Zone (IEEZ). To guarantee the optimal and sustainable management of Indonesian fish resources, the role of fishery supervisors and community participation in an efficient and effective manner is needed. Law enforcement in the field of fisheries is very important and strategic to support fishery development in accordance with the principle of fishery management, so that the sustainable development of fisheries can be done continuously. Therefore, the existence of legal certainty is absolutely necessary to support fishery management in Indonesia.

scholarly journals The Interior Appeal of the FAS of Russia: the Role of Legal Positions in the Development of Uniformity of Law Enforcement Practice

2019 ◽  
pp. 78-83
Author(s):  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Federal Law ◽  
Antimonopoly Law ◽  
Uniform Law ◽  
The Law ◽  
Compliance With The Law ◽  
The Right

The article discusses some problems of the formation of a uniform law enforcement practice on the example of specific decisions of the FAS Russia Board of Appeals on issues related to: the application of the rules for the qualification of antitrust violations provided for in part 1 of art. 10 of the Federal Law «On Protection of Competition»; the need to prove the fulfillment of an agreement prohibited by art.16 of the same Law; the exercise of the right of the FAS Russia collegial bodies to refer the matter for a new consideration to the territorial antimonopoly body. It is concluded that the legal positions of the Appeal Board of FAS Russia, being based on the law and applied only in compliance with the law, help to effectively resolve controversial problems of pre-trial Antimonopoly law enforcement and to develop uniform approaches to the interpretation of the rules of competition law.

Seeking Reconciliation

2020 ◽  
pp. 88-124
Author(s):  
Arzoo Osanloo
Keyword(s):  
Criminal Law ◽  
Cycle Of Violence ◽  
Considerable Influence ◽  
The Family ◽  
The Law ◽  
The Right ◽  
Legitimate Violence ◽  
Sense Of Power ◽  
The Way

This chapter studies the operations of the Iranian criminal law and analyzes how the procedural administration of the law animates the shariʻa. Iranian criminal laws provide many avenues for victims to forgo retributive sanctioning. But preserving the right of retribution serves several purposes: maintaining the sovereign's monopoly on legitimate violence, giving victims a sense of power, and halting the cycle of violence. The way Iran achieves this comprises an interesting balancing act between maintaining the monopoly over legitimate violence and granting individual victims the right of retribution, which its leaders believe, through their interpretation of the shariʻa, cannot be appropriated by the sovereign. Since the law categorizes intentional murder as qisas and leaves judges with no discretion in sentencing, the judges may use their considerable influence to pressure the family to forgo retribution. The chapter then considers the role of judges and examines how the laws (substantive and procedural) shape their reasoning and discretion in both sentencing and encouraging forbearance.

Mensrea

1990 ◽  
Vol 7 (2) ◽  
pp. 1-28 ◽  
Author(s):  
Jean Hampton
Keyword(s):  
Daily Life ◽  
Mental States ◽  
Penal Code ◽  
Detailed Account ◽  
Mens Rea ◽  
Model Penal Code ◽  
States Of Mind ◽  
Criminal Conviction ◽  
The Law ◽  
The Right

Accusing, condemning, and avenging are part of our daily life. However, a review of many years of literature attempting to analyze our blaming practices suggests that we do not understand very well what we are doing when we judge people culpable for a wrong they have committed. Of course, everyone agrees that, for example, someone deserves censure and punishment when she is guilty of a wrong, and the law has traditionally looked for a mens rea, or “guilty mind,” in order to convict someone of a criminal wrongdoing. But philosophers and legal theorists have found it interestingly difficult to say what mens rea is. For example, noting the way in which we intuitively think people aren't culpable for a crime if they disobey the law by mistake, or under duress, or while insane, theorists such as H.L.A. Hart have tried to define mens rea negatively, as that which an agent has if he is not in what we consider to be an excusing state. But such an approach only circumscribes and does not unravel the central mystery; it also fails to explain why the law recognizes any excusing states as mitigating or absolving one of guilt, much less why all and only the excusing states that are recognized by the law are the right ones. Moreover, the Model Penal Code, which gives a very detailed account of the kinds of mental states which justify criminal conviction, does not tell us (nor was it designed to tell us) why these states of mind (e.g., knowledge, purposiveness, intention, assumption of risk of harm, negligence) are relevant to an assessment of legal guilt.

Limits on Constitutional Rights: The Marginal Role of Proportionality Analysis

2017 ◽  
Vol 50 (1) ◽  
pp. 49-68 ◽  
Author(s):  
Richard Moon
Keyword(s):  
Individual Autonomy ◽  
Constitutional Rights ◽  
Human Flourishing ◽  
Individual Liberty ◽  
Second Stage ◽  
Step Structure ◽  
Competing Interest ◽  
The Right

Canada is often cited as one of the principal sources of proportionality analysis – an approach to the determination of limits on constitutional rights that has been adopted in many jurisdictions. The two-step structure of constitutional rights adjudication is built on the idea that these rights are the basic conditions of individual autonomy or liberty that must be protected from the demands of collective welfare. At the first stage of the adjudication the court determines whether the restricted activity falls within the scope of the right. At the second stage the court balances the right against the competing interest advanced by the restrictive law to determine whether the restriction is justified. Yet few of these rights fit this individual liberty model and are better understood as social or relational in character, protecting different aspects of the individual's interaction or connection with others in the community. If we recognise that most constitutional rights do not simply protect individual autonomy but instead protect different aspects of human flourishing or dignity within community then two conclusions may follow. First, there can be no single generic test for limits on rights. The form or character of ‘limitations’ on these rights may differ in significant ways. Second, the two steps of adjudication may often be difficult to separate, or the separation may seem quite artificial. Many of the issues addressed by the courts will not fit easily into the two-step structure of analysis because the ‘competing’ interests are really different dimensions of a social relationship.

scholarly journals Kompetensi Pengadilan Tata Usaha Negara dalam Menyelesaikan Kasus Tanah tentang Hak Pengelolaan

2017 ◽  
Vol 5 (2) ◽  
pp. 108
Author(s):  
Rafiqi Rafiqi
Keyword(s):  
Legal System ◽  
Legal Certainty ◽  
Rights Management ◽  
The Law ◽  
The Right ◽  
Civil Trial ◽  
Civil Courts

<p><em>The Law of Execution in the Administrative Court is different from the law of execution in civil courts. The civil trial of execution law is supplemented by physical means, namely: Jita Sita, aid of State Instruments (Police) and so on, which can force fiction so that the losers obey the court's decision. In the Administrative Court it is not possible, the Administrative Court is only equipped with administrative facilities only, in accordance with its authority which only judges in terms of administrative legality (administrative court). Rights Management issued a letter of proof of rights in the form of a certificate of Right of Management by the Land Office. The management rights are the right to land. The purpose of legal certainty itself will be fulfilled if if a device or legal system that can run and support the achievement of a legal kepolisia, especially the role of institutions that are authorized</em></p>

Sign in / Sign up

Export Citation Format

Share Document