Results 11 to 20 of about 241 (139)
‘Palm Tree Justice’: The Inherent Jurisdiction in Adult Welfare Cases
The Modern Law Review, Volume 86, Issue 6, Page 1358-1389, November 2023., 2023 The Mental Capacity Act 2005 provides the legal framework governing what practitioners can do, and when, where it is believed someone's capacity to make decisions is compromised by a disturbance in the functioning of the mind or the brain. In 2012 the Court of Appeal in the case of DL v A Local Authority identified a lacuna in that no legal regime ...
Laura Pritchard‐Jones
wiley +1 more source
Promises in Equity and at Law: Proprietary Estoppel after Guest v Guest
The Modern Law Review, Volume 86, Issue 6, Page 1504-1516, November 2023., 2023 Under the doctrine of proprietary estoppel, a promise made to another that they will acquire a right in the promisor's land can give rise to a legal remedy, if the promisee has detrimentally relied on that promise. In Guest v Guest, the Supreme Court was asked to settle a long‐running debate about how judges should go about fashioning that remedy.
Alexander Waghorn
wiley +1 more source
Exploring Sovereignty in Scotland
The Political Quarterly, Volume 94, Issue 1, Page 26-35, January/March 2023., 2023 Abstract It is often said that sovereignty is ever less meaningful in the modern world. Yet, sovereignty claims continue to proliferate. There are two elements: the subject of self‐determination (sovereignty) claims and the object. Scottish independence and Brexit are two examples, yet they differ in important ways.
David McCrone, Michael Keating
wiley +1 more source
Knowing receipt: continuing trusts and conscionability Byers v Saudi National Bank
The Modern Law Review, Volume 86, Issue 1, Page 276-288, January 2023., 2023 In Byers v Saudi National Bank [2022] EWCA Civ 43 the Court of Appeal examined a seemingly straightforward question: where rights are dissipated in breach of trust, is it a necessary condition of the recipient being liable for ‘knowing receipt’ that the dissipation did not extinguish the beneficiary's rights?
Alexander Georgiou
wiley +1 more source
The Modern Law Review, Volume 85, Issue 6, Page 1301-1328, November 2022., 2022 This paper analyses competing approaches to proof of foreign nationality in the British courts, in the context of challenges to deprivation of citizenship. I argue that prevalent British approaches to proof, as on display in the Pham litigation and subsequent cases, are in unproductive tension with a fundamental principle of nationality law, namely ...
Rayner Thwaites
wiley +1 more source
Obiter dicta abusivos: esboço de uma tipologia dos pronunciamentos judiciais ilegítimos
Revista Direito GVResumo O trabalho oferece um refinamento analítico-conceitual da noção de obiter dictum, a qual é entendida em uma acepção ampla e não essencialista, e uma reflexão sobre as suas circunstâncias de legitimidade, com vistas a identificar pronunciamentos ...
Thomas da Rosa de Bustamante
doaj +1 more source
European Papers, 2019 (Series Information) European Papers - A Journal on Law and Integration, 2018 3(3), 1429-1451 | Article | (Table of Contents) I. Introduction. - II. The incorporation of Directive 2004/38 into EEA law: legal framework. - III.
Christa Tobler
doaj +1 more source
KRITIK KONSEPTUALISASI PEMEGANG HAK DAN PEMEGANG KEWAJIBAN DALAM UNDANG-UNDANG HAK ASASI MANUSIA
Arena Hukum, 2016 The Act No.39 of 1999 on Human Rights has strategic position due to its position as reference law for every lower legislation in the area of human rights, and therefore to some extent will influence the State complience in promoting human rights.
Muktiono Muktiono
doaj +1 more source
The Czech climate case: An unfortunate tale of questionable strategies and unanswered questions
Review of European, Comparative &International Environmental Law, Volume 35, Issue 2, Page 578-589, July 2026.Abstract On 5 November 2025, the Czech Constitutional Court rejected the complaint in the landmark climate case (Pl. US 6/25). This concluded a 4‐year strategic litigation process, which challenged governmental inaction on climate change. Brought by individuals, an NGO and a municipality, the action alleged that insufficient greenhouse gas (GHG ...
Jiří Vodička
wiley +1 more source
Do Human Rights Work? Evidence From Prison Death Investigations in Scotland
The Howard Journal of Crime and Justice, Volume 65, Issue 1, Page 64-76, March 2026.ABSTRACT It seems self‐evident that countries which have embraced human rights would have better human rights compliance. This article examines this assumption in prison death investigations in Scotland (called fatal accident inquiries or FAIs). The right to life (Article 2 ECHR) includes a procedural right to an effective investigation of deaths ...
Sarah Armstrong +3 more
wiley +1 more source