The Impact of Case Law and Inquiries on the Role of the Expert Witness

2019 ◽  
pp. 15-27
Author(s):  
Tom Welsh
Keyword(s):  
Expert Witness ◽  
Case Law ◽  
The Impact

Building a Swiss Chalet in an Irish Legal Landscape? Referendums on European Union Treaties in Ireland & the Impact of Supreme Court Jurisprudence

2009 ◽  
Vol 5 (1) ◽  
pp. 32-70 ◽  
Author(s):  
Gavin Barrett
Keyword(s):  
European Union ◽  
Political Parties ◽  
Supreme Court ◽  
Case Law ◽  
Legal Framework ◽  
Equal Access ◽  
Constitutional Amendment ◽  
Political Implications ◽  
The Impact

Irish legal framework on European referendums – Case-law – Judicial activism – No appropriate legislative reaction – Essential scope or objectives test – Constitutional amendment necessary if test not met – Single Act – Pressure for referendum at each new treaty – Political implications – Positive and negative sides of referendums – Referendum-elites – Government sidelined – Equal access to broadcasting – Issues of equality – Diminished role of political parties

1. Introduction to the study of contract law

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Bargaining Power ◽  
Case Law ◽  
Contract Law ◽  
Freedom Of Contract ◽  
The Everyday ◽  
The Impact ◽  
The Eu

This chapter introduces some of the key ideas that will be encountered in the rest of the book, such as what is required for a contract. It touches upon the everyday role of contract, and that, although the book is heavily concerned with case law, contract disputes are often resolved without resort to the courts. It also introduces the idea of the evolution of contract law with the changing nature of society: the limitations placed on the use of an idea, such as ‘freedom of contract’, through recognition of the impact of inequality of bargaining power. Additionally, it alerts the reader to the impact of the EU.

scholarly journals The role of administrative courts in shaping the development directions of the sustainable development principle: remarks regarding case-law in environmental protection and spatial planning cases

2021 ◽  
Vol 20 (4) ◽  
pp. 779-795
Author(s):  
Sylwia Jaśkiewicz-Kamińska
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Public Administration ◽  
Spatial Planning ◽  
Case Law ◽  
The Sustainable Development ◽  
Application Of Law ◽  
Administrative Courts ◽  
The Impact

Motivation: This text presents the results of the process of juridization of the sustainable development principle in international, EU and national law, as well as the development of that principle with regard to the application of law practice. Aim: At the same time, the text attempts to define the role of an administrative court as a body reinterpreting the sustainable development principle in environmental protection and spatial planning cases, bearing in mind both the ecological as well as social justice outlook Results: As a result, the study presented focuses on determining the impact of the administrative courts’ established case-law on the application of the sustainable development principle by national public administration authorities.

The Innocuous Impact of Pan-European General Principles of Good Administration on Hungarian Law and Legal Practice

2020 ◽  
pp. 449-477
Author(s):  
Petra Lea Láncos
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Soft Law ◽  
Full Potential ◽  
Council Of Europe ◽  
Legislation And Jurisprudence ◽  
European Court ◽  
The Impact

This chapter discusses the influence of the pan-European principles of good administration in the Hungarian legal system. It discloses that while the impact and role of these pan-European principles, in particular that of the case law of the European Court of Human Rights, are growing in Hungarian legislation and jurisprudence, clear traces of them are still difficult to discern. It also finds that, despite some influence stemming from the Council of Europe (CoE) in the codification concepts underlying recent procedural reforms, the full potential to that effect is far from being realized. In particular, reliance on soft law instruments of the CoE remains problematic, in part due to legal formalism inherited from the country’s socialist past.

How do international norms matter? The impact of the Convention on the Elimination of all Forms of Discrimination Against Women in Italy

2018 ◽  
Vol 48 (2) ◽  
pp. 221-241
Author(s):  
Alessia Donà
Keyword(s):  
International Relations ◽  
Domestic Politics ◽  
Case Law ◽  
International Norms ◽  
Central Question ◽  
International Treaty ◽  
Domestic Legislation ◽  
Italian Politics ◽  
The Impact

The role of the international norms in domestic politics is a central question in international relations. This article examines the major international treaty on the human rights of women, the Convention on the Elimination of all Forms of Discrimination Against Women, and its impact on Italian politics, specifically on domestic legislation, case law and civil society activism, and institutional structure. The research contributes to the general debate on international norms diffusion and implementation, and identifies the factors which enable states to comply with these norms.

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.    

Pictures as Precedents

2017 ◽  
Author(s):  
Peter Goodrich
Keyword(s):  
Child Custody ◽  
Case Law ◽  
Visual Media ◽  
Recent Case ◽  
Legal Practice ◽  
Legal Argument ◽  
Judicial Decisions ◽  
The Status ◽  
The Impact

Contemporary expansion of the use of images, photographs, film, animation and other visual media in legal argument has given rise to a practice and subdiscipline of visual advocacy. Less studied and commented on, this scopic dimension to legal practice has also resulted in an increasing use of images in judicial decisions. Recent case law provides examples of an image of an ostrich with its head buried purportedly remonstrating against failure to cite binding precedent, a smiling emoji in a decision relating to child custody, numerous splash pages and online order icons in cases relating to consumer purchases over the net, and many further instances of pictures coming to play the law. This chapter directly addresses the role of the eye and the impact of the visual upon the reasoning of judgments, as also on the status and import of precedents that include pictures.

Recent Developments in Delaware Valuation Cases

2021 ◽  
Vol 40 (1) ◽  
pp. 20-37
Author(s):  
Gilbert E. Matthews
Keyword(s):  
Cash Flow ◽  
Case Law ◽  
Negotiation Process ◽  
Court Decisions ◽  
Discounted Cash Flow ◽  
Recent Developments ◽  
Court Of Chancery ◽  
The Impact ◽  
Transaction Price

This article discusses current developments in Delaware case law as they relate to valuation. It reviews all relevant Delaware Supreme Court decisions since 2017 and all relevant Court of Chancery decisions since 2019. We discuss the emphasis being placed by the Delaware courts on using discounted cash flow for valuations in related party transactions, as well as the substantial reliance on transaction price as the valuation measure in arm's-length transactions that have a satisfactory negotiation process. We conclude with a discussion of the impact of these and prior Delaware decisions on the valuation community and comments on the role of expert witnesses.

Tax autonomy and non-discrimination rules in the era of conflicting political goals: international and Polish perspective

2019 ◽  
Vol 76 ◽  
pp. 363-399
Author(s):  
Aleksandra Tychmańska
Keyword(s):  
Research Work ◽  
Case Analysis ◽  
Case Law ◽  
International Perspective ◽  
Legal Order ◽  
Tax Autonomy ◽  
Globalized World ◽  
The Impact ◽  
Discrimination Rules

The aim of this paper is to discuss non-discrimination rules concerning tax matters on the example of Polish case analysis. Author wishes to conduct research work in broader context. In this regard it is necessary to outline the current globalized world in which tax systems of states operate, discuss the concept of state’s tax autonomy and examine how the role of a state on tax matters has recently changed. Subsequently the non-discrimination rules from an international perspective shall be presented. It is also important to answer the question about the impact of those rules on state’s tax autonomy and about the role which they could play in reconciling political goals in the current globalized world. All of this contexts enables to examine non-discrimination rules from Polish perspective. Author introduces all of non-discrimination rules concerning taxation in Polish legal order, accordingly presents and studies Polish case law regarding those rules. Finally, overall conclusions of the research work are introduced which are intended to discuss the role, significance and the future of non-discrimination rules in contemporary globalized world, both from international and Polish perspective.

scholarly journals Liability Insurance in the Context of the COVID-19 Pandemic

2021 ◽  
pp. 1-18
Author(s):  
Kyriaki Noussia
Keyword(s):  
Insurance Coverage ◽  
Case Law ◽  
The Body ◽  
Liability Insurance ◽  
Force Majeure ◽  
Contractual Relationships ◽  
Catastrophic Risks ◽  
The Impact ◽  
Business Interruption

The COVID-19 pandemic has meant that business and contractual relationships have been disrupted. The pandemic has also meant that there are legal liabilities owed to disruption, cancellations, or to the imposed halt of everyday life. We discuss force majeure and frustration in contract in cases where circumstances have changed due to unnatural events such as the COVID-19 pandemic and the impact of the pandemic on business interruption, and liability insurance. The scope of insurance coverage for catastrophic risks and the civil liability insurance as well as business interruption coverage are discussed and conclusions on the role of insurance in the COVID-19 pandemic are drawn, as the body of case law and the pandemic per se continues to sweep humanity in an unprecedented way.

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