scholarly journals Standing of Common Law System: Can Judicial Review on Administrative Discretion be possible?

2012 ◽  
Vol 13 (1) ◽  
pp. 735-770
Author(s):  
RHEE V AN
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Discretion ◽  
Law System ◽  
Common Law System

Judicial Review of Decisions

2019 ◽  
pp. 145-164
Author(s):  
John Baker
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
Present System ◽  
Habeas Corpus ◽  
Law System ◽  
The Face ◽  
History Of ◽  
The Common ◽  
Common Law System

This chapter is concerned with the history of mechanisms for reviewing judicial and administrative decisions. It begins with the writ of error, which was confined to errors on the face of the record of a court of record and therefore not an appeal as now understood. But informal methods were developed for reserving points to be discussed by all the judges of England, usually in the Exchequer Chamber or Serjeants’ Inn. Appeals in a wider sense began in Chancery and were not brought into the common-law system till 1875. The ‘prerogative writs’ of prohibition, habeas corpus, certiorari, and mandamus, enabled the King’s Bench to review inferior jurisdictions and also the exercise of power by officials and ministers. It is explained how this grew into the present system of administrative law. There is also a brief account of the rise of tribunals, and how their decisions came to be reviewable.

Common Law Constitutionalism

2018 ◽  
Author(s):  
William E. Nelson
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Legal Profession ◽  
Legal Institutions ◽  
Law System ◽  
The Common ◽  
Common Law System

This chapter shows how common law pleading, the use of common law vocabulary, and substantive common law rules lay at the foundation of every colony’s law by the middle of the eighteenth century. There is some explanation of how this common law system functioned in practice. The chapter then discusses why colonials looked upon the common law as a repository of liberty. It also discusses in detail the development of the legal profession individually in each of the thirteen colonies. Finally, the chapter ends with a discussion of the role of legislation. It shows that, although legislation had played an important role in the development of law and legal institutions in the seventeenth century, eighteenth-century Americans were suspicious of legislation, with the result that the output of pre-Revolutionary legislatures was minimal.

scholarly journals Contract Law Of Malaysia and Indonesia: Some Basic Comparison

1993 ◽  
Vol 23 (4) ◽  
pp. 308
Author(s):  
Shaik Mohd Noor Alam S.M. Hussain
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Contract Law ◽  
Law System ◽  
Common Law System ◽  
Civil Law System

Malaysia dan Indonesia memiliki persamaan dan perbedaan dalam sistem hukum. Keduanegara mengenal Hukum Islam dan Hukum Adat. Namun berkenaan dengan hukum Baratmaka Malaysia menganut "Common Law System ", sedangkan Indonesia negeri yangdimasukkan dalam "Civil Law System ". Karangan berikut ini mencoba memperbandingkansahnya suatu perjanjian menurut hukum "Common Law" Malaysia dan "Civil Law" Indonesia. Terlihat adanya perbedaan dalam unsur-unsur yang harus dipenuhi untuk sahnya suatu perjanjian di kedua negara tersebut.

Common Law System

2019 ◽  
pp. 278-286
Author(s):  
Cristina Costantini
Keyword(s):  
Common Law ◽  
Law System ◽  
Common Law System

scholarly journals KEAGENAN BANK DALAM PERSPEKTIF COMMON LAW SYSTEM

2017 ◽  
Vol 16 (2) ◽  
pp. 175
Author(s):  
Andika Persada Putera
Keyword(s):  
Mutual Fund ◽  
Rapid Development ◽  
Common Law ◽  
Essential Element ◽  
Law System ◽  
Core Business ◽  
Primary Core ◽  
Common Law System ◽  
Sales Agent ◽  
Principal Supervision

<p><em>The rapid development of the national economy and banking external environment, causing banking activities not only engage in activities that are primary (core business), but also non-core business such as agency activities as Mutual Fund Sales Agent (APERD) and Bancassurance. </em><em>In the concept of the common law system, the agency as the center of all business affairs as a business owner can not do your own business, so delegating affairs to agents as a mediator. There is a legal relationships and trust (fiduciary relationship) between the principal and the agent acting on behalf principal. In addition, there is an element of supervision of the principal to the agent so that the agent must comply under the supervision of the principal. Supervision is an essential element that determines the existence of an agency relationship, so it is a vertical relationship between principal and agent. The principal control components in the form of action directives, orders, limitation of power agents and monitoring the agent's action.</em><strong></strong></p>

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