Bad Faith in UK Law
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The European Court Of Human Rights: A ‘Culture of Bad Faith’?
The aim of this article is to show the gap between discourse and practice at the European Court of Human Rights (ECtHR) in Strasbourg. In fact, while the lexical field of human rights revolves arou...
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Rawls and political realism: Realistic utopianism or judgement in bad faith?
Political realism criticises the putative abstraction, foundationalism and neglect of the agonistic dimension of political practice in the work of John Rawls. This paper argues that had Rawls not f...
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Lost and Destroyed Evidence: The Search for a Principled Approach to Abuse of Process
This article examines the situation where evidence which the police were under a duty to obtain or retain, and which could have assisted the defendant's case at trial, is lost or destroyed. Its par...... ... 2)—are analytically distinct, from which it follows that the defendant’s right to a fair trial can be violated in the absence of any bad faith on the part of the police. An examination of the cases post- Ebrahim , however , reveals the same regrettable tendency that was evident in the pre- ... ...
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Evading international law: How agents comply with the letter of the law but violate its purpose
Despite the widespread nature of evasion (bad-faith compliance), this interesting phenomenon is under-studied in International Relations. Even the most sophisticated typologies of compliance and ru...... ... Búzás Drexel University, USA Abstract Despite the widespread nature of evasion (bad-faith compliance), this interesting phenomenon is under-studied in International Relations. Even the most sophisticated typologies of compliance and rule ... ...
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The Trouble with `Never Again!': Rereading Levinas for Genocide Prevention and Critical International Theory
After the Holocaust, the world said `Never again!' That declaration has since been repeated often, to no avail. The insufficiency of this declaration is symptomatic of a problem with redemptive pol...... ... violence, cruelty and injustice, but they might also overwhelm us with paralysing responsibility and provoke a retreat into bad faith. Emmanuel Levinas o ffers a more sober, but also more pr omising, view of politics that resists redempti ve aspirations. Critical ... ...
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Taxonomies of Squatting: Unlawful Occupation in a New Legal Order
Legal responses to the activity of ‘squatting’ include criminal justice, civil actions, property law and housing policy. Some legal analyses of unauthorised occupation focus on the act of squatting...... ... domestic and European courts, in respect of moralissues thrown up by the doctrine of adverse possession, including the distinction between good faith and bad faith squatting, the landowner’ s duty of stewardship,and the question of compensation. By unpacking the circumstances in which squat- ting ... ...
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Redressing the Past with An Eye to the Future. The Impact of the Passage of Time on Property Rights Restitution in Post-Apartheid South Africa
How should the law respond to a period of grave injustice in which certain categories of people were systematically deprived of their property rights and what is the impact of the passage of time o...... ... as a problem of cor rective justice: as conicts between original owners of property rights and current owners in ‘good’ or ‘bad’ faith. Aer a substantial lapse of time, the nancial burden of the rest itution process will shi to the collective as a whole and the res ... ...
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Three Rivers District Council v Governor and Company of Bank of England
The various pre‐trial stages of these complex proceedings have been discussed in previous issues of this Journal in Vol. 5, No. 1, pp. 70–72, Vol. 7, No. 3, pp. 274–280, Vol. 8, No. 4, pp. 359–364 ...... ... It involves bad faith inasmuch as that the public officer did not have an honest belief that his act was lawful' (per Lord Steyn, House of Lords judgment of 18th May, 2000 ... ...
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Hearsay, Bad Character and Trust in the Jury: Irish and English Contrasts
This article will consider the extent to which the exclusionary common law rules relating to hearsay and bad character, which existed for hundreds of years in England and Wales and still apply in I...... ... will be demonstrated that the rationales for the radical reform of these rules in England and Wales were partly couched in terms of increased faith in juror competence. The exclusionary rules relating to hearsay and bad character in Ireland and the reformed English law, which is inclusionary in ... ...
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