scholarly journals THE LEGAL PRACTITIONERS ACT: A CODE FOR REGULATING THE CONDUCT OF LAWYERS IN NIGERIA*

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Michael Chukwujindu Ogwezzy
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
Professional Advice ◽  
The Public ◽  
Important Development ◽  
The Relationship

The legal practitioner is an expert whose services and expertise are required bymembers of the public. He is expected to maintain the highest standards of professionalconduct, etiquette and discipline in the discharge of his duties. In addressing himself as a legalpractitioner he represents to those who depend on his professional advice and other servicesthat he has the requisite acumen and expertise. For this reason, under the general common lawand the rule in Hedley Byrne & Co Ltd v. Heller & Partners Ltd, the lawyer can be held liablefor professional negligence. This paper will address “the Relationship between a Lawyer andthe Client” in the Context of the Legal Practitioners Act and Case Law as negligence inhandling of a client’s affairs may be of such a nature as to amount to professional misconductand if sued by the client will warrant prosecution and punishment of the Legal Practitioner.This is because it is the duty of a lawyer to devote his attention, energy and expertise to theservice of his client and, subject to any rule of law, to act in a manner consistent with the bestinterest of his client. He shall consult with his client in all questions of doubt; and keep theclient informed of the progress and any important development in the matter as may bereasonably necessary and warn his client against any particular risk which is likely to occur inthe course of the matter.

On Balancing Foreign Investment Interests with Public Interests in Recent Arbitration Case Law in the Public Utilities Sector

2012 ◽  
Vol 11 (1) ◽  
pp. 47-76 ◽  
Author(s):  
Attila Tanzi
Keyword(s):  
Foreign Investment ◽  
Legal Reasoning ◽  
Well Being ◽  
Case Law ◽  
International Investment ◽  
Public Utilities ◽  
Public Interests ◽  
The Public ◽  
Special Regard ◽  
The Relationship

Abstract This article addresses the relationship between the protection of foreign investment and the protection of public interests of host States, with special regard to the public utilities sector when privately operated by foreign investors. It primarily focuses on an assessment of the scope of the concept of public interest particularly in the light of the interpretative developments concerning national security and general well-being that may be affected by foreign investment. The article highlights the trend gradually emerging from the recent international investment arbitration case law towards the harmonization between foreign investment interests and local public interests. It considers the policy rationale behind such a trend, as well as the legal reasoning and principles, with special regard to due diligence and proportionality, which may possibly enhance it.

scholarly journals The Relationship Between Initial Tender and Mini-Competition: EU and Lithuanian Perspectives on Framework Agreements

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 45-61
Author(s):  
Marta Andhov ◽  
Deividas Soloveičik
Keyword(s):  
Public Procurement ◽  
Case Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Doctrine ◽  
Related Case ◽  
Framework Agreement ◽  
The Public ◽  
Two Stages ◽  
The Relationship

The article conducts a comprehensive scholarly analysis of framework agreements – a public procurement technique often used across different European jurisdictions. Besides examining the general legal framework of the EU and Lithuanian law on framework agreements, the article also examines the newest EU case law. The authors analyse the relationship between the initial tender procedure establishing the framework agreement and the subsequent mini-competition that follows under the former to award the public contract. In contrast to the Lithuanian legal regulation and related case law, the authors argue that these two stages are interconnected and must be viewed as a unified part of the same procurement process in line with European legal doctrine. Finally, the article highlights the differences between framework agreements and public contracts.

scholarly journals Minority Claims in Multicultural Societies: A comparative study of case law

2020 ◽  
Vol 15 (1) ◽  
Author(s):  
Enrico Arona
Keyword(s):  
Rule Of Law ◽  
Final Section ◽  
Case Law ◽  
Development Aid ◽  
Political Outcomes ◽  
Religious Accommodation ◽  
Level 3 ◽  
Private Matter ◽  
The Relationship

The whole essay consists of eight sections: 1) What is the best way for democracy to deal with multicultural clashes? Firstly, I explore Awad’s adaptation of Habermas’ model of deliberative democracy to the multicultural question. Then, I will try to reject this kind of model, as it is presented by Awad. 2) Two egalitarian theses about justice in immigration will be showed: a) restrictions on immigration should be compensated by development aid; b) such material compensations would further equality of opportunity at a global level. 3) I explain some difficulties in the task of defining minorities the solution to which seems to require an appeal to the liberal value of equal respect, rather than a mere request for recognition of differences. 4) After answering to these questions: “Is religion a public or a private matter? What role can religion play when it comes to the emergence of a European solidarity?”, I will argue that the “Islam problem” could be an indicator of the disparity between liberal and illiberal strands of neo-European secularism. 5) As in 2009 the Swiss voted to ban all future construction of Islamic minarets in their country, this section looks closely at all the issues raised by the minarets ban, inside and outside the E.U. 6) Subsequently, I will analyse what values are at stake in the issues of religious accommodation, and what principles can the main parties – as well the citizens – involved employ in attempting to resolve them. 7) The final section challenges how the role of emotions could lead to suboptimal political outcomes for the parties involved. To a large extent emotions have been instrumental in determining outcomes in the recent and on-going struggle between Greece and Germany as regards to the terms of the Greek bailout. 8) In a brief excursus I reconstruct the relationship between “biopolitics” and liberalism: the aim is to propose the singular analogies with the ideas of “governance” and “Rule of Law” in the liberal tradition, casting a new light on the interpretation offered by Michel Foucault.

Hypnosis and Crime

2019 ◽  
pp. 187-208
Author(s):  
Brian H. Bornstein ◽  
Jeffrey S. Neuschatz
Keyword(s):  
Individual Differences ◽  
Contemporary Literature ◽  
Case Law ◽  
Memory Errors ◽  
The Public ◽  
Memory Improvement ◽  
Mnemonic Technique ◽  
Trial Outcomes ◽  
Pros And Cons ◽  
The Relationship

Münsterberg acknowledges the relationship between hypnosis and suggestibility and addresses popular misconceptions about hypnosis, individual differences in hypnotizability, and the relationship between hypnotism and crime. In the contemporary literature, there is little dispute that hypnosis is a useful mnemonic technique in some respects, but that it also has the potential to increase memory errors, primarily due to suggestibility. Consequently, although case law on the admissibility of hypnotically refreshed testimony varies across jurisdictions, courts are generally skeptical when it comes to allowing witnesses to testify about events that they remembered with the aid of hypnosis. Nonetheless, the public has misconceptions about the practice and effectiveness of hypnosis. This chapter briefly summarizes the law on hypnotically refreshed testimony; addresses the pros and cons of using hypnosis as a memory improvement device in forensic contexts; and discusses popular beliefs about hypnosis and such beliefs’ implications for trial outcomes.

scholarly journals The Scope of the Powers of the Minister of Finance in Terms of Section 48(1)(b) of the Customs and Excise Act 91 of 1964: An Appraisal of Recent Developments in Case Law

2018 ◽  
Vol 21 ◽  
pp. 1-25
Author(s):  
Clive Vinti
Keyword(s):  
Final Analysis ◽  
Case Law ◽  
Veto Power ◽  
High Court ◽  
The Public ◽  
Recent Developments ◽  
The Impact ◽  
First Time ◽  
The Relationship

This paper evaluates the scope of the powers of the Minister of Finance upon a request from the Minister of Trade and Industry to amend Schedule 1 to the Customs and Excise Act 91 of 1964 (hereafter, CEA) in respect of imported goods as provided by section 48(1)(b) of the CEA. This assessment entails a case analysis of the High Court decisions in South Africa Sugar Association v the Minister of Trade and Industry 2017 4 All SA 555 (GP) and Pioneer Foods (Pty) Ltd v Minister of Finance 2017 ZAWCHC 110 (29 September 2017). These two cases offer for the first time, clarification on the nature of the power conferred on the Minister of Finance by section 48(1)(b) of the CEA. The High Court in these two cases rejected the argument that the role of the Minister of Finance in respect of the power conferred upon him/her by section 48(1)(b) is that of a "registrar" who merely 'rubberstamps' the decision of the Minister of Trade and Industry. Consequently, the High Court in both matters held that a veto power is conferred on the Minister of Finance which permits him/her to either accept or decline the request of the Minister of Trade and Industry to amend Schedule 1 of the CEA.To the contrary, this paper argues that if the Minister of Finance declines the request of the Minister of Trade and Industry, s/he is not 'giving effect' to the request of the Minister of Trade and Industry as required by section 48(1)(b) of the CEA and is thus acting ultra vires because s/he is assuming powers which never conferred on him/her by the legislature. This paper also argues that the High Court in both matters, misconstrued the relationship between section 48(1)(b) and the "public interest" provisions in section 48 and thus unjustifiably stripped the Minister of Trade and Industry of his/her power to implement an amendment to Schedule 1. In the final analysis, this paper explores the impact of the Customs Duty Act 30 of 2014 on the Minister of Finance's powers in this regard.    

19. Police powers

2021 ◽  
pp. 460-484
Author(s):  
Anne Dennett
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Public Order ◽  
Public Power ◽  
The Rule Of Law ◽  
The Public ◽  
Police Powers ◽  
Codes Of Practice ◽  
The Law ◽  
The Relationship

This concluding chapter studies police powers. It is the function of the police to keep the public secure by preventing and detecting crime, and maintaining public order. This involves the exercise of public power and powerfully engages the relationship between the citizen and the state. There are clear links between police powers and the rule of law: it is imperative that police powers are not used in a random, arbitrary way; are clear, foreseeable, and accessible; are not unlimited; and are in accordance with the law. Police powers are mostly statute-based, the most significant of which is the Police and Criminal Evidence Act 1984 (PACE) which was enacted to achieve a balance between protecting citizens’ rights and effective police powers. Under section 66, the Home Secretary issues detailed Codes of Practice regulating the exercise of police powers and providing clear guidelines for the police and safeguards for the public.

19. Police powers

2019 ◽  
pp. 437-456
Author(s):  
Anne Dennett
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Public Order ◽  
Public Power ◽  
The Rule Of Law ◽  
The Public ◽  
Police Powers ◽  
Codes Of Practice ◽  
The Law ◽  
The Relationship

This concluding chapter studies police powers. It is the function of the police to keep the public secure by preventing and detecting crime, and maintaining public order. This involves the exercise of public power and powerfully engages the relationship between the citizen and the state. There are clear links between police powers and the rule of law: it is imperative that police powers are not used in a random, arbitrary way; are clear, foreseeable, and accessible; are not unlimited; and are in accordance with the law. Police powers are mostly statute-based, the most significant of which is the Police and Criminal Evidence Act 1984 (PACE) which was enacted to achieve a balance between protecting citizens' rights and effective police powers. Under section 66, the Home Secretary issues detailed Codes of Practice regulating the exercise of police powers and providing clear guidelines for the police and safeguards for the public.

The Dynamics of Egypt’s “Semi-opposition,” 2004–11

2019 ◽  
Vol 12 (4) ◽  
pp. 83-103
Author(s):  
Mai Mogib Mosad
Keyword(s):  
Public Sphere ◽  
Political System ◽  
Muslim Brotherhood ◽  
The Public ◽  
The Muslim Brotherhood ◽  
The Public Sphere ◽  
The Relationship

This paper maps the basic opposition groups that influenced the Egyptian political system in the last years of Hosni Mubarak’s rule. It approaches the nature of the relationship between the system and the opposition through use of the concept of “semi-opposition.” An examination and evaluation of the opposition groups shows the extent to which the regime—in order to appear that it was opening the public sphere to the opposition—had channels of communication with the Muslim Brotherhood. The paper also shows the system’s relations with other groups, such as “Kifaya” and “April 6”; it then explains the reasons behind the success of the Muslim Brotherhood at seizing power after the ousting of President Mubarak.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

“Our Dead are the Ultimate Teachers of Life”. The Corpse as an Inter-mediator of Transcendence

2013 ◽  
Vol 8 (2) ◽  
pp. 223-240
Author(s):  
Antje Kahl
Keyword(s):  
Death And Dying ◽  
Modern Society ◽  
Religious Institutions ◽  
Spiritual Experiences ◽  
Dead Body ◽  
Funeral Directors ◽  
The Public ◽  
Funeral Director ◽  
The Dead ◽  
The Relationship

Today in Germany, religion and the churches forfeit their sovereignty of interpretation and ritual concerning death and dying. The funeral director is the first point of contact when death occurs. Therefore he or she is able to influence the relationship between the living and the dead. In the course of this development, the dead body, often referred to as dirty and dangerous, is being sanitized by funeral directors. Funeral directors credit the dead body with a certain quality; they claim that facing the dead may lead to religious or spiritual experiences, and therefore they encourage the public viewing of the dead – a practice which was, and still is not very common in Germany. The new connotation of the dead body is an example for the dislimitation of religion in modern society. The religious framing of death-related practises no longer exclusively belongs to traditional religious institutions and actors, but can take place in commercial business companies as well.

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