Appeals to the Privy Council from the American Plantations

Appeals to the Privy Council from the American Plantations PDF Author: Joseph H. Smith
Publisher: Buccaneer Books
ISBN: 9780374974862
Category :
Languages : en
Pages : 770

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Appeals to the Privy Council from the American Plantations

Appeals to the Privy Council from the American Plantations PDF Author: Joseph H. Smith
Publisher: Buccaneer Books
ISBN: 9780374974862
Category :
Languages : en
Pages : 770

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Book Description


Guardian of the Treaty

Guardian of the Treaty PDF Author: Thomas Mohr
Publisher:
ISBN: 9781846825873
Category : Anglo-Irish Treaty
Languages : en
Pages : 0

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Book Description
The Judicial Committee of the Privy Council was the final appellate court of the British Empire. In 1935 the Irish Free State was recognized as the first part of the empire to abolish the appeal to the Privy Council. This book examines the controversial Irish appeal to the Privy Council in the wider context of the history of the British Empire in the early 20th century. In particular, it analyses Irish resistance to the imposition of the appeal in 1922 and attempts to abolish it at the Imperial conferences of the 1920s and 1930s. The book also examines the various means by which the Oireachtas attempted to block appeals from the Irish Supreme Court. In addition, this work examines the contention that the Privy Council appeal offered a means of safeguarding the rights of the Protestant minority within the Irish Free State. Finally, it reveals British intentions that the Privy Council act as the guardian and enforcer of the integrity of the Anglo-Irish settlement embodied in the 1921 Treaty. The conclusion to this work explains why the Privy Council was unsuccessful in protecting this settlement. (Series: Irish Legal History Society, Vol. 25) [Subject: Legal History, 20th-Century History, Local & National Government, Ireland & Europe]

Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)

Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law) PDF Author:
Publisher: BRILL
ISBN: 9004417354
Category : Law
Languages : en
Pages : 240

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Book Description
The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.

Privy Council Practice

Privy Council Practice PDF Author: Jonathan Mance
Publisher: Oxford University Press, USA
ISBN: 9780198798491
Category : Law
Languages : en
Pages : 0

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Book Description
The Judicial Committee of the Privy Council (JCPC) is the court of final appeal for jurisdictions including the British Overseas Territories and Crown Dependencies, and for those Commonwealth countries that have retained the appeal to Her Majesty in Council. This volume aims to explain the JCPC's unique procedures, practices, and, where relevant, jurisprudence in a manner which is readily accessible, even to those unfamiliar with it. It will provide valuable guidance to practitioners considering whether to seek recourse to the JCPC and, if an appeal is pursued, throughout the appeal process. This comprehensive guide to the JCPC is the first work of its kind since 1937. It includes chapters on jurisdiction, conditions of appeal, precedent, and the JCPC's role in interpreting constitutions as part of a workload which still ranges from death row criminal cases to heavy commercial disputes. Importantly, the authors provide detailed commentary on the complex Rules and Practice Directions that underwent a significant overhaul in 2009, for which no dedicated volume currently exists. Emphasis is placed on topics of greatest practical importance to litigants, including timings, the form and content of written cases, issues of costs, and the role of the Registrar. This one-stop reference is essential for any practitioner in the countries for which the JCPC remains the final court of appeal, as well as for UK solicitors acting as local counsel and members of the UK Bar instructed in JCPC appeals. It also provides students and academics with chapters on the history, jurisprudence, and the sources of law considered by the JCPC, as well as on its interaction with other court systems. The release of this work is particularly timely given that in the judgment Willers v Gubayi [2016] UKSC 44 the UK Supreme Court explained for the first time the circumstances in which the JCPC may bind the Courts of England and Wales. With authoritative authorship and unique content, this is a must-have resource for all those pursuing a case before, or with an interest in, the JCPC.

Judgments of the Privy Council on Appeals from India, from 1831-1880

Judgments of the Privy Council on Appeals from India, from 1831-1880 PDF Author: Great Britain. Privy Council. Judicial Committee
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 718

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Book Description


Imperial Justice

Imperial Justice PDF Author: Bonny Ibhawoh
Publisher: Oxford University Press, USA
ISBN: 0199664846
Category : History
Languages : en
Pages : 226

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Book Description
This is a vital study of the motivations of the British Imperial Appeal Courts and the tensions between the demands of imperial law and justice and those of African law and custom. Examining the central role of the Privy Council and the Courts, it reveals the impact of the colonized peoples in shaping the processes and outcomes of imperial justice.

The Judicial Committee of the Privy Council and the Caribbean Court of Justice

The Judicial Committee of the Privy Council and the Caribbean Court of Justice PDF Author: Harold A. Young
Publisher: Rowman & Littlefield
ISBN: 1498586953
Category : Law
Languages : en
Pages : 161

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Book Description
Countries that have a domestic final appellate court have established a judicial institution over which they have control as part of the policymaking governing structure and how they view other existing and emerging extraterritorial courts will be influenced by their perception of the court and the role it will play when the policies of the governing coalition are challenged. This book analyzes that phenomenon in terms of the broader construction and understanding of the state in the era of international law, legal tribunals, and globalization. By zooming in on the Judicial Committee of the Privy Council (JCPC), an ancient colonial court, Harold Young examines how the Caribbean Community, specifically, the 15 former British colonies comprising the Caribbean Basin are navigating their changing political environments and transitioning to its own extraterritorial court, the Caribbean Court of Justice. Using historical reviews, descriptive analyses, and statistical methodologies Young finds that the choice to retain the JCPC at independence is influenced by the colonial experience, the length of colonial rule, and how deeply embedded the JCPC is on the governing structures of the new state.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971

Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971 PDF Author: Ellen R. Feingold
Publisher: Springer
ISBN: 3319696912
Category : History
Languages : en
Pages : 286

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Book Description
This book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. Feingold weaves together the rich history of the Court with a discussion of its judges – both as members of the British Colonial Legal Service and as individuals – to explore the impacts and intersections of imperial policies, national politics, and individual initiative. Colonial Justice and Decolonization in the High Court of Tanzania is a powerful reminder of the crucial roles played by common law courts in the operation and legitimization of both colonial and post-colonial states.

Supreme Court of India

Supreme Court of India PDF Author: George H. Gadbois
Publisher: Oxford University Press
ISBN: 0199093180
Category : Law
Languages : en
Pages : 411

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Book Description
A leading expert on Indian judiciary, George Gadbois offers a compelling biography of the Supreme Court of India, a powerful institution. Written and researched when he was a graduate student in the 1960s, this book provides the first comprehensive account of the Court’s foundation and early years. Gadbois opens with Hari Singh Gour’s proposal in 1921 to establish an indigenous ultimate court of appeal. After analyzing events preceding the Federal Court’s creation under the Government of India Act, 1935, Gadbois explores the Court’s largely overlooked role and record. He goes on to discuss the Constituent Assembly’s debates about Indian judiciary and the Supreme Court’s powers and jurisdiction under the Constitution. He pays particular attention to the history and practice of judicial appointments in India. In the book’s later chapters, Gadbois assesses the functioning of the Supreme Court during its first decade and a half. He critically analyzes its first decisions on free speech, equality and reservations, preventive detention, and the right to property. The book is an institutional tour de force beginning with the Federal Court’s establishment in December 1937, through the Supreme Court’s inauguration in January 1950, and until the death of Jawaharlal Nehru in May 1964.