Court Structure in UK Law
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Indigenous storytelling and admissibility in common law courts: Developing the protocols for the reception theory of evidence
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 ... ...
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Indigenous storytelling and admissibility in common law courts: Developing the protocols for the reception theory of evidence
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 ... ...
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More Consistency and Legal Certainty in the Private Law Acquis: A Plea for Better Justification for the Harmonization of Private Law
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 mech anisms, as these eleme nts may signi ... ...
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The Italian Constitutional Court and the constitutionality of the criminalisation of assisted suicide of patients suffering from serious and incurable diseases
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 ...... ... The present note describes and analyses the facts of the case and the reasoning of the Constitutional Court, especially the structure of the argument and the new ‘decision technique’ adopted. Keywords Assisted suicide, euthanasia, right to life, right to die with dignity ... ...
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Reaction to Radu Judgment of the Oberlandesgericht of Munich of 15 May 2013
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 r ts structure their judg ments. e contents speak for themselve s. * * * Superior ... ...
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Transforming Shields into Swords: The Vebic Judgment, Adequate Judicial Protection Standards and the Emergence of Procedural Heteronomy in EU Law
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...... ... V C*1ABSTRACTe Court of Justice’s VEBIC judgment obliges national competition authorities to ... e wording and structure of VEBIC do not as such incorporate any limits to t he Court’s standard ... ...
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Deriving Constitutional Implications: The Role of ‘External’ Sources in the Text and Structure Approach
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...... ... Court" applies the ‘text and structure approach’when deriving constitutional implications. Thisrequires implications to be drawn from the ‘text’and \xE2" ... ...
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Welcome to the Court
The French Cour des comptes is one of the numerous Supreme Audit Institutions which oversee proper use of public funds. This research project on the Cour des comptes is intended notably to establis...... ... T he recomposition of the Court’s invariant structure heralds a revolution at its core. T radition, prestige, ritual and symbolism can no longer serve as ramparts against modernity and its ... ...
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Book Reviews
Book review in this Article The Department of Scientific and Industrial Research By Sir Harry Melville. Public Finance By Earl R. Rolph and George F. Break. Memoirs of a Public Servant By Lord S...... ... But if the proprietor should appeal to the court against the decision of the local authority, as he ... M.HANAN The Structure of Higher Education By a Fabian Group. Fabian Tract 334. Pp ... ...
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International Organizations and Transnational Corporations at a World Court of Human Rights
This article is based on the author’s involvement in preparing a Draft Statute for a future World Court of Human Rights. The proposal seeks to modify the traditional vertical structure of human rig...... ... structure of human rights norms by introducing a mechanism for adjudicating claims about human rights violations by actors other than states, including by ... ...
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