Court Structure in UK Law

  • Indigenous storytelling and admissibility in common law courts: Developing the protocols for the reception theory of evidence
    • No. 27-2, April 2023
    • International Journal of Evidence & Proof, The
    The claims for the restitution of legal estate by the Indigenous peoples are often without the benefit of a written agreement when they have to prove a spatial and temporal connection with ancestra...
    ... ... historicalrecords is in the absence of documentary evidence and the court has to be convinced of theprobative value of the evidence before the oral ... which does not strain the Canadian legal and constitutional structure’.58In Delgamuukw vBritish Columbia,59the Supreme Court considered the ... ...
  • Indigenous storytelling and admissibility in common law courts: Developing the protocols for the reception theory of evidence
    • No. 27-2, April 2023
    • International Journal of Evidence & Proof, The
    • 0000
    The claims for the restitution of legal estate by the Indigenous peoples are often without the benefit of a written agreement when they have to prove a spatial and temporal connection with ancestra...
    ... ... historicalrecords is in the absence of documentary evidence and the court has to be convinced of theprobative value of the evidence before the oral ... which does not strain the Canadian legal and constitutional structure.58In Delgamuukw vBritish Columbia,59the Supreme Court considered the ... ...
  • More Consistency and Legal Certainty in the Private Law Acquis: A Plea for Better Justification for the Harmonization of Private Law
    • No. 19-1, March 2012
    • Maastricht Journal of European and Comparative Law
    • 0000
    The use of Article 114 TFEU to harmonize private law seems to be based on standard justifications that have facilitated legislative practices that may undermine the quality of the private law acqui...
    ... ... would be more attention paid to the availability of a hierarchical court structure and enforcement mechanisms, as these elements may signi cantly a ... ...
  • The Italian Constitutional Court and the constitutionality of the criminalisation of assisted suicide of patients suffering from serious and incurable diseases
    • No. 10-4, December 2019
    • New Journal of European Criminal Law
    • 0000
    On 16 November 2018, the Italian Constitutional Court addressed for the first time the controversial issue of the constitutionality of the criminalisation of assisted suicide of patients suffering ...
    ... ... to safeguardingthe patients freely given consent more vigorously, decreases the possible risks of slipperyslope.36(2) Methodological structure of the argument underlying the ordinanceRegarding the methodological structure of the ordinance, it should be noted that theConstitutional Court ... ...
  • Shifting the practice of coercive penal care over time in a problem-solving court
    • No. 26-1, January 2024
    • Punishment & Society
    • 0000
    While problem-solving courts represent one area in which rehabilitative efforts have expanded within correctional settings as “coercive penal care,” still unexplored is how the blend of rehabilitat...
    ... ... , theintroduction of rehabilitative goals was mostly subverted by the court’s existing punitivecriminal legal system and organizational structure. This occurred through court actorsprioritizing internal over external goals and metrics in the program, and articulatingself-responsibilization ... ...
  • Shifting the practice of coercive penal care over time in a problem-solving court
    • No. 26-1, January 2024
    • Punishment & Society
    • 0000
    While problem-solving courts represent one area in which rehabilitative efforts have expanded within correctional settings as “coercive penal care,” still unexplored is how the blend of rehabilitat...
    ... ... , theintroduction of rehabilitative goals was mostly subverted by the courts existing punitivecriminal legal system and organizational structure. This occurred through court actorsprioritizing internal over external goals and metrics in the program, and articulatingself-responsibilization ... ...
  • Operating outside the spirit of the law: How police employ “legal” standards to justify questionable searches and seizures
    • No. 24-3, September 2022
    • International Journal of Police Science and Management
    • 0000
    The Fourth Amendment protects individuals against unreasonable searches and seizures. Over the years, court precedents have guided determinations of reasonableness and provided a legal structure fo...
    ... ... Over the years, court prece-dents have guided determinations of reasonableness and provided a gal structure for police to follow. In two inuentialdecisions, the Supreme Court ... ...
  • Reaction to Radu Judgment of the Oberlandesgericht of Munich of 15 May 2013
    • No. 4-3, September 2013
    • New Journal of European Criminal Law
    • 0000
    We publish a short version of the above judgment at the request of and as translated by the reporting judge, Professor Joachim Vogel, for no other reasons than that it shows law in action, a judici...
    ... ... law in action, a judicial react ion to the Radu judgment of the Court of Just ice of the European Union and, for non-German s, how German courts structure their judgments. e contents speak for themselve s.* * *Superior Regional ... ...
  • Transforming Shields into Swords: The Vebic Judgment, Adequate Judicial Protection Standards and the Emergence of Procedural Heteronomy in EU Law
    • No. 18-4, December 2011
    • Maastricht Journal of European and Comparative Law
    • 0000
    The Court of Justice's VEBIC judgment obliges national competition authorities to be involved in appellate judicial proceedings against a decision they adopted, even when these authorities act as f...
    ... ... AND THE EMERGENCE OF PROCEDURAL HETERONOMY IN EU LAWP V C*1ABSTRACTe Court of Justices VEBIC judgment obliges national competition authorities to be ... e wording and structure of VEBIC do not as such incorporate any limits to t he Courts standard set ... ...
  • Deriving Constitutional Implications: The Role of ‘External’ Sources in the Text and Structure Approach
    • No. 50-2, June 2022
    • Federal Law Review
    • 0000
    The High Court applies the ‘text and structure approach’ when deriving constitutional implications. This requires implications to be drawn from the ‘text’ and ‘structure’ of the document. A particu...
    ... ... com/home/rDeriving Constitutional Implications:The Role of ExternalSources in theText and Structure ApproachCosta Avgoustinos*AbstractThe High Court applies the text and structure approachwhen deriving constitutional implications. Thisrequires implications to be drawn from the textand structureof ... ...
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