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Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 852
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Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 852
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Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 856
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Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 962
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Book Description
Author: Paul Roberts
Publisher: Edward Elgar Publishing
ISBN: 1788111036
Category : Law
Languages : en
Pages : 454
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Book Description
Forensic science evidence plays a pivotal role in modern criminal proceedings. Yet such evidence poses intense practical and theoretical challenges. It can be unreliable or misleading and has been associated with miscarriages of justice. In this original and insightful book, a global team of prominent scholars and practitioners explore the contemporary challenges of forensic science evidence and expert witness testimony from a variety of theoretical, practical and jurisdictional perspectives. Chapters encompass the institutional organisation of forensic science, its procedural regulation, evaluation and reform, and brim with comparative insight.
Author: Oran Doyle
Publisher: Bloomsbury Publishing
ISBN: 1509903437
Category : Law
Languages : en
Pages : 257
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Book Description
This book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The Government is dominant but is legally constrained by the courts, particularly in their interpretations of the fundamental rights protected by the Constitution. In recent decades, the courts have weakened the constitutional constraints on the Government. Political constraints imposed by opposition parties in Parliament and new accountability institutions (such as the Ombudsman) have moderately strengthened but the Government remains by far the most powerful political actor. There is a risk that such executive dominance could lead to democratic decay; however, the referendum requirement for constitutional amendment has prevented Governments from accumulating greater constitutional power. The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts' interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity.
Author: Liz Heffernan
Publisher: Bloomsbury Publishing
ISBN: 1526511487
Category : Law
Languages : en
Pages : 1071
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Book Description
Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system. This title is included in Bloomsbury Professional's Irish Criminal Law online service.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 828
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Book Description
Author: Neil MacCormick
Publisher: OUP Oxford
ISBN: 019102175X
Category : Law
Languages : en
Pages : 334
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Book Description
Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.
Author: William Edward Vaughan
Publisher:
ISBN:
Category : History
Languages : en
Pages : 472
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Book Description
The book describes how the courts dealt with murder, beginning with the coroner's inquest and ending with the conviction and hanging of the murderer. Between these two points the exquisite, almost balletic, procedure, of the courts and their officers is described, the Crown's case against the prisoner is analyzed, and the prisoner's defense is discussed. Magistrates, policemen, crown solicitors, witnesses, jurors, judges, and hangmen make their appearances. The prisoners, whose silence before and during their trials was their most notable characteristic in the nineteenth-century courts, make their apperances too, but not as prominently as their judicial custodians, until they finally and briefly come into the limelight on the gallows. An implicit theme of the book is the apparent contradiction between the apparent simplicity of the courts' procedures and the complexity of the rules that determined their operation. The book relies on a range of printed primary sources, such as newspapers, parliamentary papers, law reports, and legal textbooks, and on MS sources in the National Archives such as the Convict Reference Files. (Series: Irish Legal History Society)
Author: Charlene M. Eska
Publisher: BRILL
ISBN: 9004391983
Category : History
Languages : en
Pages : 351
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Book Description
In A Raven’s Battle-cry Charlene M. Eska presents a critical edition and translation of the previously unpublished medieval Irish legal tract Anfuigell. Although the Old Irish text itself is fragmentary, the copious accompanying commentaries provide a wealth of legal, historical, and linguistic information not found elsewhere in the medieval Irish legal corpus. Anfuigell contains a wide range of topics relating to the role of the judge in deciding difficult cases, including kingship, raiding, poets, shipwreck, marriage, fosterage, divorce, and contracts relating to land and livestock.
