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Oppenheimer V Cattermole
''Oppenheimer v Cattermole'' 976AC 249 is a judicial decision of the English courts relating to whether English law should refuse to recognise Nazi era laws relating to the appropriation of Jewish property. The courts considered the question whether the Nazi law was so iniquitous that it should refuse to recognise it as law, thus raising the "connection between the concepts of law and morality". The respondent, Frederick Cattermole, was HM Inspector of Taxes. In the House of Lords, Lord Cross of Chelsea famously held: Background Mr Meier Oppenheimer "was born in Germany in 1896. He qualified there as a teacher and for some 20 years from 1919 to 1939 he taught at a Jewish orphanage in Bavaria. He was detained for a short time at the concentration camp at Dachau, but soon after his release he left Germany in 1939 for England and has resided here ever since. In 1948 he applied for naturalisation and became a naturalised British subject. In 1953 the German authorities determin ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ...
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Law And Morality
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ...
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Master Of The Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice of England and Wales, Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that. The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Supreme Court of ...
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Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The C ...
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Irvine Goulding
Sir Ernest Irvine Goulding (1 May 1910 - 13 January 2000)https://www.society.caths.cam.ac.uk/Public_Magazines/2000r.pdf was an English barrister and High Court judge between 1971 and 1985. He was one of the first members of Wilberforce Chambers. Biography Goulding was educated at the Merchant Taylors' School and St Catharine's College, Cambridge. Cases Important decisions which Goulding J handed down included: * '' Patel v Ali'' 985Ch 283 - on specific performance for breach of contract * '' Sky Petroleum Ltd v VIP Petroleum Ltd'' 9741 WLR 576 – also on specific performance * ''Mutual Life Insurance Co of New York v Rank Organisation Ltd'' 985BCLC 11 – on unfair prejudice * ''Chase Manhattan Bank NA v Israel-British Bank (London) Ltd'' 981Ch 105 – arguable his most famous decision, on tracing through international bank settlement systems – the decision has been subject to "sustained, authoritative criticism." * ''Oppenheimer v Cattermole'' 976AC 249 - Goulding J had ...
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Nationality Law Of The German Empire And States
Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the state against other states. Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality", and "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality". By international custom and conventions, it is the right of each state to determine who its nationals are. Such determinations are part of nationality law. In some cases, determinations of nationality are also governed by public international law—for example, by treaties on statelessness and the European Convention on Nationality. The rights and duties of nationals vary from state to state,Weis, Paul''Nationality and Statelessness in International Law''. BRILL; 1979 ited 19 August 2012 . p. ...
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Federal Constitutional Court
The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inception with the beginning of the post-World War II republic, the court has been located in the city of Karlsruhe, which is also the seat of the Federal Court of Justice. The main task of the Federal Constitutional Court is judicial review, and it may declare legislation unconstitutional, thus rendering them ineffective. In this respect, it is similar to other supreme courts with judicial review powers, yet the court possesses a number of additional powers and is regarded as among the most interventionist and powerful national courts in the world. Unlike other supreme courts, the constitutional court is not an integral stage of the judicial or appeals process (aside from cases concerning constitutional or public international law), and doe ...
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Dachau Concentration Camp
, , commandant = List of commandants , known for = , location = Upper Bavaria, Southern Germany , built by = Germany , operated by = ''Schutzstaffel'' (SS) , original use = Political prison , construction = , in operation = March 1933 – April 1945 , gas chambers = , prisoner type = Political prisoners, Poles, Romani, Jews, homosexuals, Jehovah's Witnesses, Catholic priests, Communists , inmates = Over 188,000 (estimated) , killed = 41,500 (per Dachau website) , liberated by = U.S. Army , notable inmates = , notable books = , website = Dachau () was the first concentration camp built by Nazi Germany, opening on 22 March 1933. The camp was initially intended to intern Hitler's political opponents which consisted of: communists, social democrats, and other dissidents. It is located on the grounds of an abandoned munitions factory northeast of the medieval town of Dachau, about northwest o ...
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Geoffrey Cross, Baron Cross Of Chelsea
Arthur Geoffrey Neale Cross, Baron Cross of Chelsea, PC (1 December 1904 – 4 August 1989) was a British barrister and judge who served as a Lord of Appeal in Ordinary between 1971 and 1975. Early life and career Geoffrey Cross was born in London, the elder child of Arthur George Cross, a quantity surveyor, and of Mary Elizabeth Cross, '' née'' Dalton. His younger brother, Rupert Cross, later became a prominent academic lawyer. Cross was educated at Westminster School, where he was a scholar, and Trinity College, Cambridge, where he took Firsts in both parts of the Classics tripos, as well as winning the Craven Scholarship in 1925. He was a fellow of Trinity College from 1927 to 1931, where he authored a notable work on Epirus. Though "he might have aspired to be a successor to Richard Porson or Sir Richard Jebb", Cross switched to law "for no discernible reason". He was called to the bar by the Middle Temple in 1930 and practiced at the Chancery bar. He developed ...
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Lord Hailsham Of St Marylebone
Quintin McGarel Hogg, Baron Hailsham of St Marylebone, (9 October 1907 – 12 October 2001), known as the 2nd Viscount Hailsham between 1950 and 1963, at which point he disclaimed his hereditary peerage, was a British barrister and Conservative Party politician who served as Lord Chancellor from 1970 to 1974 and again from 1979 to 1987. Like his father, Hailsham was considered to be a contender for the leadership of the Conservative Party. He was a contender to succeed Harold Macmillan as prime minister in 1963, renouncing his hereditary peerage to do so, but was passed over in favour of the Earl of Home. He was created a life peer in 1970 and served as Lord Chancellor, the office formerly held by his father, in 1970-74 and 1979–87. Background Born in London, Hogg was the son of Douglas Hogg, 1st Viscount Hailsham, who was Lord Chancellor under Stanley Baldwin, and grandson of Quintin Hogg, a merchant, philanthropist and educational reformer, and an American mother. Hogg w ...
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Racial Policy Of Nazi Germany
The racial policy of Nazi Germany was a set of policies and laws implemented in Nazi Germany under the dictatorship of Adolf Hitler, based on a specific racist doctrine asserting the superiority of the Aryan race, which claimed scientific legitimacy. This was combined with a eugenics programme that aimed for racial hygiene by compulsory sterilization and extermination of those who they saw as ''Untermenschen'' ("sub-humans"), which culminated in the Holocaust. Nazi policies labeled centuries-long residents in German territory who were not ethnic Germans such as Jews (understood in Nazi racial theory as a "Semitic" people of Levantine origins), Roma (also known as Gypsies, an "Indo-Aryan" people of Indian subcontinent origins), along with the vast majority of Slavs (mainly ethnic Poles, Serbs, Russians etc.), and most non-Europeans as inferior non-Aryan subhumans (i.e. non-Nordics, under the Nazi appropriation of the term " Aryan") in a racial hierarchy that placed the ''Herr ...
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