scholarly journals Pérdidas y ganancias en la traducción : el liderazgo del Tribunal Supremo del Reino Unido , parámetros y perspectivas = Gains (and dangers of losses) in translation : – the leadership function in the United Kingdom’s Supreme Court , parameters and prospects

2013 ◽  
pp. 169
Author(s):  
Richard Cornes
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Case Law ◽  
The United Kingdom

El presente artículo analiza la función del liderazgo de las principales magistraturas judiciales del Reino Unido. Como el autor resalta, dicho liderazgo se proyecta sobre la gestión interna del tribunal, la influencia en la jurisprudencia del órgano y el papel que adoptan ciertas instancias en tanto que altos representantes del poder judicial.This articles analyses the leadership function of the main lead judges of the United Kingdom. As the author points out, this leadership reveals itself within the management of the Court itself, the influence in the case-law and in the role of some judges as statepersons.

scholarly journals Crown and Foreign acts of State Before British Courts

2019 ◽  
pp. 714-732
Author(s):  
Eirik Bjorge ◽  
Cameron Miles
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Separation Of Powers ◽  
Case Law ◽  
The United Kingdom ◽  
The Supreme Court ◽  
Full Picture ◽  
The Relationship ◽  
Made In

The Supreme Court of the United Kingdom undertook in Rahmatullah v. Ministry of Defence and Belhaj v. Straw to demarcate the relationship between the judiciary and the executive with respect to Crown and foreign act of state. This chapter aims to unpack Rahmatullah and Belhaj for the reader and further to use these decisions to enquire into the constitutional underpinnings of the British act of state doctrines—particularly as they pertain to the separation of powers. The chapter concludes that there exists a general uncertainty regarding the scope of the doctrines, and a lack of jurisprudential development with respect to their constitutional underpinnings. But it is undeniable that progress, however minor, has been made in these decisions. The scene has been set in Rahmatullah and Belhaj for further developments—even if litigants will still need to refer to the earlier case law in order to get the full picture.

A Supreme Court for the United Kingdom?

Legal Studies ◽  
2004 ◽  
Vol 24 (1-2) ◽  
pp. 36-44 ◽  
Author(s):  
Brenda Hale
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Question Mark ◽  
The United Kingdom ◽  
The Law ◽  
Consultation Paper ◽  
Law Commission

The Government's Consultation Paper does not have a question mark in its title. It does not purport to be a serious discussion of the role of a Supreme Court in a democracy. This is scarcely to be expected of such a document or its respondents, so I propose to respond in its own terms rather than on the loftier plane usually adopted by contributors to this journal. More unexpectedly, the Consultation Paper does not even put forward a serious set of options to consider. At the Law Commission, we always had (at least a metaphorical) question mark in our title because we almost always put forward two options which do not appear in this consultation: the ‘do nothing’ and the ‘let’s abolish it' options. Both have a lot to be said for them here.

scholarly journals Commentaries: Amendment and Patriation

1969 ◽  
pp. 369
Author(s):  
Peter W. Hogg ◽  
W.R. Lederman
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Supreme Court Of Canada ◽  
British Government ◽  
The United Kingdom ◽  
The Supreme Court

In the following commentaries, Peter W. Hogg and W. R. Lederman discuss different aspects of Geoffrey Marshall's presentation on amendment and patriation. Professor Hogg's topic is more specifically the role of the United Kingdom Parliament, while Pro fessor Lederman comments upon the positions of the Supreme Court of Canada and the British Government and Parliament.

A Supreme Court for the United Kingdom? A view from the High Court of Australia

Legal Studies ◽  
2004 ◽  
Vol 24 (1-2) ◽  
pp. 188-209 ◽  
Author(s):  
Tracey Stevens ◽  
George Williams
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Political System ◽  
High Court ◽  
The United Kingdom ◽  
High Court Of Australia

The High Court created by Australia's 1901 Constitution first sat on 6 October 1903. A century on, it is an apt time to consider how the record of the Court can contribute a different perspective to the debate over a possible Supreme Court for the United Kingdom. Of course, it cannot be assumed that common views are held of this record. Indeed, the role of the High Court and its place in the Australian political system remains hotly contested.

The role of demographic variables as the moderator between organizational variables and job stress among teachers in Sabah

2009 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Najihah Hanisah Marmaya ◽  
Syed Azizi Wafa
Keyword(s):  
United Kingdom ◽  
Sample Size ◽  
Job Stress ◽  
Demographic Variables ◽  
Personal Factors ◽  
Occupational Groups ◽  
Organizational Variables ◽  
Population Norms ◽  
The United Kingdom

A nationwide investigation into stress among teachers in the United Kingdom, found teachers to be reporting stress-related problems which were far higher than those of the population norms and other comparable occupational groups. Job stress can be influenced by personal factors (Matteson & Ivancevich, 1999). The present study examined the role of demographic variables as the moderator between organizational variables and job stress. A sample size of 177 teachers participated in this study revealed that teachers in Tawau and Lahad Datu experienced low stress levels. This study found that demographic variables do not serve as the moderator between organizational variables and job stress.

Role of Hypothecation in Financing Transit: Lessons from the United Kingdom

2004 ◽  
Vol 1864 (1) ◽  
pp. 31-37 ◽  
Author(s):  
Marcus Enoch ◽  
Stephen Potter ◽  
Stephen Ison ◽  
Ian Humphreys
Keyword(s):  
United Kingdom ◽  
The United Kingdom

scholarly journals The Limits of Arbitration Law in Addressing Cultural Diversity: The Example of Ismaili Arbitration in the United Kingdom

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 47
Author(s):  
Sandrine Brachotte
Keyword(s):  
United Kingdom ◽  
Cultural Studies ◽  
Cultural Diversity ◽  
Supreme Court ◽  
Legal Pluralism ◽  
The Other ◽  
The United Kingdom ◽  
Arbitration Clause ◽  
The Supreme Court ◽  
Employment Equality

This article studies religious arbitration from the perspective of global legal pluralism, which embraces both normative plurality and cultural diversity. In this context, the article considers that UK arbitration law regulates both commercial and religious arbitration while relying on a monist conception of arbitration. It further identifies two intertwined issues regarding cultural diversity, which find their source in this monist conception. Firstly, through the study of Jivraj v. Hashwani ([2011] UKSC 40), this article shows that the governance of religious arbitration may generate a conflict between arbitration law and equality law, the avoidance of which can require sacrificing the objectives of one or the other branch of law. The Jivraj case concerned an Ismaili arbitration clause, requiring that all arbitrators be Ismaili—a clause valid under arbitration law but potentially not under employment-equality law. To avoid such conflict, the Supreme Court reduced the scope of employment-equality law, thereby excluding self-employed persons. Secondly, based on cultural studies of law, this article shows that the conception of arbitration underlying UK arbitration law is ill-suited to make sense of Ismaili arbitration. In view of these two issues, this article argues that UK arbitration law acknowledges normative multiplicity but fails to embrace the cultural diversity entangled therewith.

scholarly journals Insurance related problems in bareboat charter agreements

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Albano Gilabert Gascón
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Third Parties ◽  
Insurance Contract ◽  
The United Kingdom ◽  
The Supreme Court ◽  
The One ◽  
The Baltic ◽  
The Relationship

AbstractIn 2017, the majority of the United Kingdom Supreme Court held in its judgment in the Gard Marine and Energy v China National Chartering (The Ocean Victory) case that, in bareboat charters under the ‘BARECON 89’ form, if both the owner and the charterer are jointly insured under a hull policy, the damages caused to the vessel by the charterer cannot be claimed by the insurer by way of subrogation after indemnifying the owner. The interpretation of the charter party leads to the conclusion that the liability between the parties is excluded. Faced with the Supreme Court’s decision, the Baltic and International Maritime Council (BIMCO) adopted a new standard bareboat charter agreement only a few months later, the ‘BARECON 2017’ form, which amends, among other clauses, the one related to insurance. The present paper analyses (i) the new wording of the clause mentioned above and (ii) its incidence on the relationship between the parties of both the charter agreement and the insurance contract and its consequences for possible third parties. Despite BIMCO’s attempt to change the solution adopted by the Supreme Court and his willingness to allow the insurer to claim in subrogation against the person who causes the loss, the consequences, as it will be seen, do not differ much in practice when the wrongdoer is the co-insured charterer. On the contrary, when the loss is caused by a time charter or a sub-charter, in principle, there will be no impediment for the insurer to sue him.

The Role of Islamic Piety Movements in the Lives of Malaysian Female Muslim Students in the United Kingdom

2021 ◽  
pp. 102831532110270
Author(s):  
Ireena Nasiha Ibnu ◽  
Norzaini Azman
Keyword(s):  
United Kingdom ◽  
Student Mobility ◽  
Transnational Migration ◽  
Family Influence ◽  
Ethnographic Research ◽  
Muslim Students ◽  
Studying Abroad ◽  
The United Kingdom ◽  
Fictive Kinship

This paper explores the transnational trajectories of female Malaysian Muslim students through their commitment to piety-minded forms of Islam. In particular, it seeks to identify the reasons for their participation in piety movements and its importance to their lives. The ethnographic research, conducted over 8 months, involved 18 Malaysian female respondents who were studying and living in Manchester between 2016 and 2017. The findings show that the students’ involvement in piety movements was due to fictive kinship providing generous hospitality upon their arrival to the United Kingdom, pre-departure programs on preparation for studying abroad, family influence and sisterhood relationships. Participation in piety movements is said to help relieve stress and overcome loneliness, and is considered vital in guiding Muslim students to lead fulfilling and virtuous lives. The findings contribute significantly to transnational student mobility theories and the importance of sociality and religion in transnational migration.

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