America is irreparably tainted by the original sin of slavery. While it yearns to be recognised a... more America is irreparably tainted by the original sin of slavery. While it yearns to be recognised as a post-racial society, racism consumes every aspect of a person of colour's existence, and yet is so amorphous in its omnipresence that it is notoriously difficult to address. Against the politicisation of the Black body, this essay considers whether disavowing of the system and critiquing its perpetrators can legitimately realign its values in favour of racial equality. It evaluates the consequences of racial disparities in the criminal law, the role of Critical Race Theory in highlighting covert racism, and the rise of #BlackLivesMatter as instrumental in challenging police brutality, to determine the ideal mechanisms and proposals for instituting concrete reform.
By the 1970s, America was saturated with sex. A decade of sexual liberation and the commercialisa... more By the 1970s, America was saturated with sex. A decade of sexual liberation and the commercialisation of women in mainstream media had normalized female subordination by reinforcing gender stereotypes and fostering an epidemic of male sexual violence. However, despite the best efforts of radical visionaries, the anti-pornography campaign has been relegated to the footnotes of feminist history for failing the very women it sought to protect. In this paper, the author analyses the demise of the anti-pornography movement in its latter years, isolating the socio-political factors that led to a deep divide in the Second Wave and focusing on the impact of the Anti-Pornography Civil Ordinance, its subsequent failure and the rise of sex-positivism in contemporary feminism.
In Reparation for Injuries (1949), the ICJ recognised that 'a subject of international law is an ... more In Reparation for Injuries (1949), the ICJ recognised that 'a subject of international law is an entity capable of possessing international rights and duties and having the capacity to maintain its rights by bringing international claims'. In practice however, recognising subjects of international law is very much dependent on the State, which is the primary subject of international relations and law. The following paper attempts to analyse the Court's pronouncement with reference to state practice and subsequent case law to determine the fundamental features of statehood.
The voluntary assumption of liability in tort is clearly objectively ascertained, in either the p... more The voluntary assumption of liability in tort is clearly objectively ascertained, in either the pursuit of a material interest or the existence of a statutory duty or of code of conduct or on a purely normative basis that it would be 'just, fair and reasonable' to do so. For such liability to incur for economic loss, instead of the intention of the defendant, it is the circumstances of his relationship with the claimant that determine the existence of an assumption of responsibility before the courts. Such liability stemming from the assumption of responsibility is of paramount importance in its application as an additional requirement for the imposition of a duty of care in cases of non-physical damage, i.e. economic or psychological/psychiatric harm.
The existence of market confidence is intrinsic to the efficient operation of the stock market, w... more The existence of market confidence is intrinsic to the efficient operation of the stock market, with the accuracy of pricing resting on pertinent information being available to individuals at all times. UK regulators historically relied on fines to punish and contain the market abuses, which were widely ineffectual, prompting the Financial Services Authority to issue a Statement of Intent to use its powers to enforce the statutory legislation regulating manipulation of the share market. This essay seeks to analyse the disparities between the Criminal Justice Act 1993 ('CJA 1993') and the Financial Services and Markets Act 2000 ('FSMA 2000'), with due regard paid to the development of the essential elements of the offense by common law based on the enforcement of either statute and European Union legislation.
In the interests of maintaining the independence of the English judiciary, it is prudent to consi... more In the interests of maintaining the independence of the English judiciary, it is prudent to consider whether the system of judicial recruitment is safeguarded now, when it has previously been so heavily influenced and reliant upon members of the executive.
The CRA 2005 transformed distortions in the system to better control the authorities dealing with judicial appointments, realigning inequalities to better represent the diversity of the British populace. Recently however, the Act has come under fire for employing obstructive and unnecessary provisions which hinder it from meeting its goals of increased inclusion and fair, transparent assessment.
Prior to the HRA, individuals seeking redress for infringement of their rights had to travel to t... more Prior to the HRA, individuals seeking redress for infringement of their rights had to travel to the European Court of Human Rights in Strasbourg and appeal upon a point of law. Incorporating the Convention into domestic legislation allows citizens to enforce their rights in domestic courts while being awarded international remedies.
While challenges based on purported breaches of Convention rights are now more common, they are generally extinguished by the government’s wide margins of appreciation and public interest defenses. Consequently, the impact of the Convention is concentrated in issues of drafting criminal legislation and procedure than substantive criminal law.
Dicey famously laid the foundation for the essence of parliamentary sovereignty in thre... more Dicey famously laid the foundation for the essence of parliamentary sovereignty in three intrinsic principles – that Parliament could legislate on any issue it wished, provided these decrees did not bind past or successive Parliaments, and that no authority could question the validity of its enactments.
While this historic doctrine is a salient feature of the UK constitution, sustaining democratic legality and scrutinizing the executive in wake of a piecemeal constitution, the House of Lords has since acknowledged that there might be limits to the Parliament’s absolute sovereignty, and that the courts might find themselves enforcing such constraints where governmental action subverts the rule of law.
America is irreparably tainted by the original sin of slavery. While it yearns to be recognised a... more America is irreparably tainted by the original sin of slavery. While it yearns to be recognised as a post-racial society, racism consumes every aspect of a person of colour's existence, and yet is so amorphous in its omnipresence that it is notoriously difficult to address. Against the politicisation of the Black body, this essay considers whether disavowing of the system and critiquing its perpetrators can legitimately realign its values in favour of racial equality. It evaluates the consequences of racial disparities in the criminal law, the role of Critical Race Theory in highlighting covert racism, and the rise of #BlackLivesMatter as instrumental in challenging police brutality, to determine the ideal mechanisms and proposals for instituting concrete reform.
By the 1970s, America was saturated with sex. A decade of sexual liberation and the commercialisa... more By the 1970s, America was saturated with sex. A decade of sexual liberation and the commercialisation of women in mainstream media had normalized female subordination by reinforcing gender stereotypes and fostering an epidemic of male sexual violence. However, despite the best efforts of radical visionaries, the anti-pornography campaign has been relegated to the footnotes of feminist history for failing the very women it sought to protect. In this paper, the author analyses the demise of the anti-pornography movement in its latter years, isolating the socio-political factors that led to a deep divide in the Second Wave and focusing on the impact of the Anti-Pornography Civil Ordinance, its subsequent failure and the rise of sex-positivism in contemporary feminism.
In Reparation for Injuries (1949), the ICJ recognised that 'a subject of international law is an ... more In Reparation for Injuries (1949), the ICJ recognised that 'a subject of international law is an entity capable of possessing international rights and duties and having the capacity to maintain its rights by bringing international claims'. In practice however, recognising subjects of international law is very much dependent on the State, which is the primary subject of international relations and law. The following paper attempts to analyse the Court's pronouncement with reference to state practice and subsequent case law to determine the fundamental features of statehood.
The voluntary assumption of liability in tort is clearly objectively ascertained, in either the p... more The voluntary assumption of liability in tort is clearly objectively ascertained, in either the pursuit of a material interest or the existence of a statutory duty or of code of conduct or on a purely normative basis that it would be 'just, fair and reasonable' to do so. For such liability to incur for economic loss, instead of the intention of the defendant, it is the circumstances of his relationship with the claimant that determine the existence of an assumption of responsibility before the courts. Such liability stemming from the assumption of responsibility is of paramount importance in its application as an additional requirement for the imposition of a duty of care in cases of non-physical damage, i.e. economic or psychological/psychiatric harm.
The existence of market confidence is intrinsic to the efficient operation of the stock market, w... more The existence of market confidence is intrinsic to the efficient operation of the stock market, with the accuracy of pricing resting on pertinent information being available to individuals at all times. UK regulators historically relied on fines to punish and contain the market abuses, which were widely ineffectual, prompting the Financial Services Authority to issue a Statement of Intent to use its powers to enforce the statutory legislation regulating manipulation of the share market. This essay seeks to analyse the disparities between the Criminal Justice Act 1993 ('CJA 1993') and the Financial Services and Markets Act 2000 ('FSMA 2000'), with due regard paid to the development of the essential elements of the offense by common law based on the enforcement of either statute and European Union legislation.
In the interests of maintaining the independence of the English judiciary, it is prudent to consi... more In the interests of maintaining the independence of the English judiciary, it is prudent to consider whether the system of judicial recruitment is safeguarded now, when it has previously been so heavily influenced and reliant upon members of the executive.
The CRA 2005 transformed distortions in the system to better control the authorities dealing with judicial appointments, realigning inequalities to better represent the diversity of the British populace. Recently however, the Act has come under fire for employing obstructive and unnecessary provisions which hinder it from meeting its goals of increased inclusion and fair, transparent assessment.
Prior to the HRA, individuals seeking redress for infringement of their rights had to travel to t... more Prior to the HRA, individuals seeking redress for infringement of their rights had to travel to the European Court of Human Rights in Strasbourg and appeal upon a point of law. Incorporating the Convention into domestic legislation allows citizens to enforce their rights in domestic courts while being awarded international remedies.
While challenges based on purported breaches of Convention rights are now more common, they are generally extinguished by the government’s wide margins of appreciation and public interest defenses. Consequently, the impact of the Convention is concentrated in issues of drafting criminal legislation and procedure than substantive criminal law.
Dicey famously laid the foundation for the essence of parliamentary sovereignty in thre... more Dicey famously laid the foundation for the essence of parliamentary sovereignty in three intrinsic principles – that Parliament could legislate on any issue it wished, provided these decrees did not bind past or successive Parliaments, and that no authority could question the validity of its enactments.
While this historic doctrine is a salient feature of the UK constitution, sustaining democratic legality and scrutinizing the executive in wake of a piecemeal constitution, the House of Lords has since acknowledged that there might be limits to the Parliament’s absolute sovereignty, and that the courts might find themselves enforcing such constraints where governmental action subverts the rule of law.
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In this paper, the author analyses the demise of the anti-pornography movement in its latter years, isolating the socio-political factors that led to a deep divide in the Second Wave and focusing on the impact of the Anti-Pornography Civil Ordinance, its subsequent failure and the rise of sex-positivism in contemporary feminism.
The CRA 2005 transformed distortions in the system to better control the authorities dealing with judicial appointments, realigning inequalities to better represent the diversity of the British populace. Recently however, the Act has come under fire for employing obstructive and unnecessary provisions which hinder it from meeting its goals of increased inclusion and fair, transparent assessment.
While challenges based on purported breaches of Convention rights are now more common, they are generally extinguished by the government’s wide margins of appreciation and public interest defenses. Consequently, the impact of the Convention is concentrated in issues of drafting criminal legislation and procedure than substantive criminal law.
While this historic doctrine is a salient feature of the UK constitution, sustaining democratic legality and scrutinizing the executive in wake of a piecemeal constitution, the House of Lords has since acknowledged that there might be limits to the Parliament’s absolute sovereignty, and that the courts might find themselves enforcing such constraints where governmental action subverts the rule of law.
In this paper, the author analyses the demise of the anti-pornography movement in its latter years, isolating the socio-political factors that led to a deep divide in the Second Wave and focusing on the impact of the Anti-Pornography Civil Ordinance, its subsequent failure and the rise of sex-positivism in contemporary feminism.
The CRA 2005 transformed distortions in the system to better control the authorities dealing with judicial appointments, realigning inequalities to better represent the diversity of the British populace. Recently however, the Act has come under fire for employing obstructive and unnecessary provisions which hinder it from meeting its goals of increased inclusion and fair, transparent assessment.
While challenges based on purported breaches of Convention rights are now more common, they are generally extinguished by the government’s wide margins of appreciation and public interest defenses. Consequently, the impact of the Convention is concentrated in issues of drafting criminal legislation and procedure than substantive criminal law.
While this historic doctrine is a salient feature of the UK constitution, sustaining democratic legality and scrutinizing the executive in wake of a piecemeal constitution, the House of Lords has since acknowledged that there might be limits to the Parliament’s absolute sovereignty, and that the courts might find themselves enforcing such constraints where governmental action subverts the rule of law.