The Role of Academics in the Legal System

2005 ◽  
Author(s):  
William Twining ◽  
Ward Farnsworth ◽  
Stefan Vogenauer ◽  
Tesón Fernando
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Legal System ◽  
Civil Law ◽  
Legal Scholarship ◽  
The United Kingdom ◽  
System P ◽  
The Relationship

This article considers the ways in which legal scholars relate to and participate in practical legal affairs. The discussion covers audiences and influence of legal scholars in the United Kingdom; the relationship between the American legal academy and the institutions; civil law systems; the nature of international legal scholarship; and the influence of international legal scholars on international law.

Scotland

2015 ◽  
Author(s):  
Adrian Ward
Keyword(s):  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
Legal System ◽  
The United Kingdom ◽  
System P

Introduction and Background As one of the constituent nations of the United Kingdom of Great Britain and Northern Ireland (‘UK’), Scotland has always retained its separate legal system. Scotland occupies the northern part of the island of Great Britain, together with some...

The Chilcot Report

2019 ◽  
pp. 273-288
Author(s):  
Stephen Bouwhuis
Keyword(s):  
Decision Making ◽  
United Kingdom ◽  
International Law ◽  
Legal Practice ◽  
Ethical Aspects ◽  
Legal Advice ◽  
The United Kingdom ◽  
General Relevance ◽  
The Government

The inquiry by the United Kingdom into its decision to intervene in Iraq is one of the longest running and most comprehensive examinations of government decision-making. In particular, the inquiry examined in detail the processes by which legal advice was provided to and formed a part of the decision by the Government of the United Kingdom to intervene in Iraq. Through this lens, the current chapter examines what the inquiry illustrates about the general relevance of international law to the decision to intervene in Iraq and more broadly what illustrates about the role of international law in decision-making more generally. In particular, the chapter pertains to the practical and ethical aspects providing international legal advice to government as well as the nature of government legal practice more generally.

The Lex Fori

2019 ◽  
pp. 172-194
Author(s):  
Adrian Briggs
Keyword(s):  
Public Policy ◽  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
English Court ◽  
Conflict Of Laws ◽  
The United Kingdom ◽  
Foreign Law ◽  
The Law

This chapter examines of the role of the lex fori in English private international law before proceeding to examine the rules of the conflict of laws applicable in an English court. Issues for which the rules of the conflict of laws select the lex fori as the law to be applied include grounds for the dissolution (as distinct from nullity) of marriage, even if the marriage has little or nothing to do with the United Kingdom; or settlement of the distribution of assets in an insolvency even though there may be significant overseas elements. Where the rules of the conflict of laws select a foreign law, its application, even though it is proved to the satisfaction of the court, may be disrupted or derailed by a provision of the lex fori instead. The remainder of the chapter covers procedural issues; penal, revenue, and public laws; and public policy.

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

1. Foundations and structure of international law

2021 ◽  
pp. 1-19
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

1. The English Legal System

2021 ◽  
pp. 1-18
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
Legal System ◽  
Common Law ◽  
Adversarial System ◽  
The United Kingdom ◽  
System P

This chapter provides an introduction to the English Legal System. Specifically, it explains the meaning of the terms ‘English’, ‘legal’, and ‘system’. It first provides an overview of the constituent parts of the United Kingdom of Great Britain and Northern Ireland, namely England, Wales, Scotland, and Northern Ireland. It describes the types of law that exist and attempts to define what law is. It then discusses the English legal system, which is based on common law and is an adversarial system.

1. The English Legal System

2019 ◽  
pp. 1-16
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
Legal System ◽  
Common Law ◽  
Adversarial System ◽  
The United Kingdom ◽  
System P

This chapter provides an introduction to the English Legal System. Specifically, it explains the meaning of the terms ‘English’, ‘legal’, and ‘system’. It first provides an overview of the constituent parts of the United Kingdom of Great Britain and Northern Ireland, namely England, Wales, Scotland, and Northern Ireland. It describes the types of law that exist and attempts to define what law is. It then discusses the English legal system, which is based on common law and is an adversarial system.

Regional Parties and National Politics in Europe

2002 ◽  
Vol 35 (6) ◽  
pp. 657-685 ◽  
Author(s):  
WILLIAM B. HELLER
Keyword(s):  
United Kingdom ◽  
Policy Making ◽  
Policy Outcomes ◽  
National Politics ◽  
Regional Parties ◽  
Nationalist Party ◽  
The United Kingdom ◽  
Popular Party ◽  
The Relationship

Parties participate in national politics that do not pretend to national presence. The author asks whether such parties affect policy outcomes and concludes that they do, albeit in unexpected ways. Basically, nonnational parties influence policy making under certain conditions by trading policy for authority. They help national parties get the policies they want in return for transfers of policy-making authority to regional governments. This willingness to support national policies with minimal amendment makes regional parties attractive partners for national parties in government. The author examines this argument in light of detailed evidence from Spain's minority Socialist and Popular Party governments in the 1990s, along with discussions of the role of regionalism in Belgian politics and of the relationship between the Scottish Nationalist Party and the Labour Party in the United Kingdom.

International Law in the Russian Legal System

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
International Law ◽  
Legal System ◽  
Constitutional Court ◽  
International Treaties ◽  
Investment Protection ◽  
European Court ◽  
System P ◽  
Lower Courts ◽  
History Of

This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.

scholarly journals Cultural sustainability: A perspective from independent libraries in the United Kingdom and the United States

2021 ◽  
pp. 096100062199282
Author(s):  
Kirsten Loach ◽  
Jennifer Rowley
Keyword(s):  
United States ◽  
United Kingdom ◽  
The United States ◽  
Structured Interviews ◽  
Cultural Sustainability ◽  
The United Kingdom ◽  
Organisational Values ◽  
Sustainability Policy ◽  
The Relationship

As organisations that collect and maintain cultural artefacts, independent libraries make important contributions to cultural sustainability. Surfacing and elaborating on these contributions has the potential to establish their value to wider sustainable development agendas. However, sustainability policy and research across the gallery, library, archive and museum sectors tends to focus on environmental, social and economic concerns. The small number of studies that do consider cultural sustainability tend to focus on the role of galleries, libraries, archives and museums in heritage preservation, without consideration of their role in sustaining culture through the three other key areas of preserving and promoting cultural identity, cultural diversity and cultural vitality. In addition, previous studies do not consider the role of culture in enabling sustainability at an organisational level. Complementing previous research on the relationship between museums and cultural sustainability (conducted in Australia, Cyprus and Romania), this study seeks to expand understanding of the relationship between galleries, libraries, archives and museums and cultural sustainability in the context of the independent library sectors in the United Kingdom and the United States. Semi-structured interviews conducted with professionals from independent libraries in both countries employed a card-based game method to explore the key areas of cultural sustainability in which their organisations can contribute. Interviews also explored the challenges associated with achieving organisational sustainability, together with the organisational values that impact the sustainability of independent libraries. The research identifies a series of supportive and conflicting relationships between the contributions that independent libraries make to each of the four key areas of cultural sustainability, as well as the organisational values that can inhibit or assist organisational sustainability. Resulting in a framework to assist in the management of internal organisational sustainability and contributions to external cultural sustainability agendas in independent libraries, it provides a new perspective to support understanding of the relationship between galleries, libraries, archives and museums and cultural sustainability.

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