... overlook the essential kinship, not ofthe Roman andthe English law, but rather ofthe Roman andthe English lawyer’;60 andthe similar constitutional development of European kingdoms61 andthecommon ... aware of other regimes, and they were often the subject of appeal for law (responsa) by ‘daughter’ towns ‘[O]ne ofthe greatest ofthe tribal laws’ or ‘mirrors’, premissed in the authority of Christian ... system, who restricted thecommonlaw judges to control ofthe writ system This is how, in time, the systems evolved ofthe ius honorarium ofthe Roman praetor andthe equity ofthe English Chancellor,48...
... directed the Jury from the Injustice ofthe Demand upon the State of it to find against the Plaintiff, but they found for the wages, & then named the sum There can be no New Trial.’’ Further, in ... This raised the noble judge [Lord Mansfield] to express great indignation at the flagrant neglect of justice andthe defeating to the good intent ofthe laws by the remissness of some andthe deceitfulness ... trial: in London and Manchester they generally go on with the cause and fill up the number out ofthecommon jury; either way makes the case hard for the parties Compounding the problem of nonattendance...
... endorsement ofthe divine and hereditary right of English kings to rule, his promotion of accumulated wealth in the hands ofthe few, and above all his disdain for common people and for the idea of government ... about the text, theorists insist that the warp and woof of constitutional law is still traceable to the written document and must be, given that the document and only the document counts as the ... Court Activism, the Public Interest, andthe Making of Constitutional Law l a r ry yac k l e the university of chicago press chicago and london larry yackle is professor oflawandthe Basil Yanakakis...
... ofthe accused; the widening boundaries ofthe criminal law to include offences of preparation and planning; the scope and justification of offences against the person such as rape, assault and ... interpreters engaged in the rationalisation and modernisation ofthe criminal law On the other hand, they bear responsibility to interrogate the problems ofthe law, and to seek to understand its inherent ... that these are dialectically connected aspects ofthe same thing: the modern form oflaw I will now outline these two aspects of modern individualist lawand then contextualise the idea of the...
... colonial problems The Mandate System andthe construction ofthe non-European state Government, sovereignty and economy The mandate andthe dissolution of sovereignty The legacies ofthe Mandate System: ... System ofthe League of Nations Introduction The creation ofthe Mandate System 115 115 119 vii 32 32 40 52 viii contents The League of Nations andthe new international lawThe Mandate System and ... arranged and they have definite marriage and magistrates, overlords, laws and workshops, and a system of exchange, all of which call for the use of reason; they also have a kind of religion Further, they...
... and no weaker system oflaw enforcement than this; for it delivers the enforcement ofthelaw to the vicissitudes ofthe distribution of power between the violator ofthelawandthe victim of ... years, not only as a result ofthe end ofthe Cold War, the disintegration ofthe Soviet Union andthe demise of most command economies The earlier process of decolonisation, the acquisition by non-industrialised ... at the point where a legal explanation ofthe obligatory character ofthelaw becomes impossible itself The legal basis ofthe validity ofthelaw is extra-legal.’ For an attempt to locate the...
... Accountability andthe Use of Force in International LawThe spread of democracy to a majority ofthe world’s states andthe legitimization ofthe use of force by multilateral institutions such as NATO and ... president and executive director ofthe American Society of International Law since 1994 She was formerly on the legislative staff ofthe US Senate and on the faculty ofthe University of Virginia ... rights of passage.” These agreements were to have the advantage of defining, from the point of view of member states, the limits of their obligation to provide such assistance, and, from the point of...
... 95/46/EC ofthe European Parliament andofthe Council on the protection of individuals with regard to the processing of personal data and on xlviii table of conventions the free movement of such ... Law Reports International Review ofthe Red Cross Leiden Journal of International Law Netherlands Yearbook of International Law Organisation of American States Organisation of African Unity Of cial ... additional aspects ofthe legal framework and considers it alongside the practice ofthe ‘war on terror’ since 11 September 2001 Since then, international lawyers have become more vocal and there is certainly...
... note, the word is a cognate of ‘rationality’, and thereby connotes a distribution based upon the exercise of reason, which is carried out fairly and even-handedly.3 This is the understanding ofthe ... Ngwena ofthe University ofthe Free State and Marius Pieterse ofthe University ofthe Witwatersrand in South Africa Last, but certainly not least, I thank Paula for her help, support and love ... patient on the grounds ofthe insufficiency of evidence ofthe safety and relative cost-effectiveness ofthe drug.31 Upon reversing the decision, it sought to refute media suggestions that the absolute...
... is the difference between the monthly return of government bonds andthe one-month risk-free rate ofthe previous month The proxy ofthe default risk is the difference between the return of corporate ... maturity of 1-3 years and a market value weighted short position ofthe remaining maturities The construction of this portfolio is based on the sum ofthe intercept and residuals of equation 3, for the ... excess returns ofthe complete maturity spectrum of German Sovereign bonds andthe month Euribor rate ofthe previous month ∆DS_Levelt and ∆DS_Slopet are the level and slope ofthe default risk...
... Gerard Braunthal ofthe University of Massachusetts, and Peter Euben ofthe University of California at Santa Cruz all read parts ofthe work and offered advice John Fairleigh ofthe Queen's University ... life ofthe nation; the President must define and explain to Congress andthe people the nature of this threat; the perception ofthe emergency, the judgment that the life ofthe nation is truly ... restrain the exercise of powers of emergency How one approaches the former requires some understanding and appreciation ofthe second inquiry and therefore ofthe relationship between constitutions and...
... mechanisms, the role of public and private law in the protection of health and, finally, the legal framework ofthe provision of health services Several weaknesses in law as a tool for the protection of ... ethics and law, andthe domestic administrative framework of vaccination in England and Wales, are examined The chapter gives an outline ofthe risks of infectious diseases common in the West and ... direction of public health law Understandings of health have changed, and are continuing to change These changes are challenging the prioritising ofthe role of medicine in the xli Lawandthe Public...
... Washington, and Wyoming of (1) all Federal lands other than withdrawals ofthe public lands 10 ———— Federal Land Policy and Management Act of 1976 administered by the Bureau of Land Management andof lands ... WITHDRAWALS (e) The Secretary shall determine and establish the size of tracts of public lands to be sold on the basis ofthe land use capabilities and development requirements ofthe lands; and, where ... dinate the land use inventory, planning, and man agement activities of or for such lands with the land use planning and management programs of other Federal departments and agencies andof the...
... (1982), and Cambell and Mankiw (1987) assume the stationarity ofthe rst log difference ofthe real GDP and emphasize on the usage of ARIMA models in an attempt to estimate the long-term trend of ... well as the U.S on aggregate exhibited distinct downturn ofthe real estate cycle between the third quarter of 2006 andthe rst quarter of 2007 Finally we found that the state level economic and ... proximity from the economically dominant states plays quite a signi cant role in the formation ofthe business cycle patterns ofthe former group of states The business cycle patterns ofthe major...
... conditions of {sn}, {rn}{an}, g, they proved that {xn} converges strongly to an element ofthe set of variational inequality problem andthe set of a common fixed point of a finite family of nonexpansive ... Iterative algorithms for finding a common solution of system ofthe set of variational inclusion problems andthe set of fixed point problems Fixed Point Theory and Applications 2011 2011:38 ... Kangtunyakarn Fixed Point Theory and Applications 2011, 2011:38 http://www.fixedpointtheoryandapplications.com/content/2011/1/38 Page of 16 The set of solutions of (1.1) is denoted by V I(C,...
... colonial problems The Mandate System andthe construction ofthe non-European state Government, sovereignty and economy The mandate andthe dissolution of sovereignty The legacies ofthe Mandate System: ... System ofthe League of Nations Introduction The creation ofthe Mandate System 115 115 119 vii 32 32 40 52 viii contents The League of Nations andthe new international lawThe Mandate System and ... Whewell Professor of International Law, Faculty of Law, and Director, Lauterpacht Research Centre for International Law, University of Cambridge John S Bell FBA Professor of Law, Faculty of Law, University...
... accepted that thelawof nations comprised treaties and customs, but who argued that the overall purpose ofthelawof nations, derived from thelawof nature,27 was that of securing and furthering ... Yearbook of International Law 506 515 at 506 See ibid Lorimer insisted on the exceptional dependence ofthelawof nations on thelawof nature’ Lorimer, The Institutes oftheLawof Nations, ... arranged and they have definite marriage and magistrates, overlords, laws and workshops, and a system of exchange, all of which call for the use of reason; they also have a kind of religion Further, they...
... in the appropriation ofthe property in, andofthe sovereignty over, a part or the whole ofthe territory of a state, and when definitively accomplished, vests the whole rights of property and ... extended to the lower classes -and the dissolute members ofthe aristocracy ofthe imperial centre: 94 95 On these efforts andthe importance attached to them, see Oppenheim, The Science of International ... basing the inquiry on the premise that the uncivilized were outside the law, andthe positivist task was to define the terms and methods by which they were to be assimilated into the framework of law...
... all mandate agreements, that in the event of a conflict between the mandatory and any other member ofthe League of Nations as to the ‘interpretation or application ofthe provisions ofthe mandate’, ... respect More generally, the nineteenth century offers us an example of a far broader theme: the importance ofthe existence ofthe ‘other’ for the progress and development ofthe discipline itself ... as administrators of these territories on behalf ofthe League, and subjecting these mandatories to the League’s supervision.8 The legal structure ofthe Mandate System The Mandate System embodied...
... o n s 147 The Mandate System andthe construction ofthe non-European state The mandates andthe problem of sovereignty The primary novelty ofthe Mandate System for many jurists ofthe interwar ... sense ofthe final end ofthe Mandate System According to Article 22 ofthe Covenant, the primary purpose ofthe Mandate System was to secure the ‘well-being and development’ ofthe peoples ofthe ... independent ofthe mandatory state? Do the clauses ofthe covenant and mandate oblige the mandatory powers to devote themselves to the development ofthe territory and its population exclusively in the...