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Section 4 Of The Human Rights Act 1998
Sections 4 and 10 of the Human Rights Act 1998 are provisions that enable the Human Rights Act 1998 to take effect in the United Kingdom. Section 4 allows courts to issue a declaration of incompatibility where it is impossible to use section 3 to interpret primary or subordinate legislation so that their provisions are compatible with the articles of the European Convention of Human Rights, which are also part of the Human Rights Act. In these cases, interpretation to comply may conflict with legislative intent. It is considered a measure of last resort. A range of superior courts can issue a declaration of incompatibility. A declaration of incompatibility is not binding on the parties to the proceedings in which it is made, nor can a declaration invalidate legislation. Section 4 therefore achieves its aim through political rather than legal means, including through Section 10 which allows the government to amend legislation without full legislative approval. A remedial order can o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to make it compatible with the convention, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Armed Forces Act 2006
The Armed Forces Act 2006 (c 52) is an Act of the Parliament of the United Kingdom. It came into force on 31 October 2006. It replaces the three separate Service Discipline Acts (the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957) as the system of military justice under which the British Armed Forces operate. The Armed Forces Act harmonizes service law between the three armed services. One motivating factor behind the changes in the legislation combining discipline acts across the armed forces is the trend towards tri-service operations and defence organizations. The Act also granted a symbolic pardon to soldiers controversially executed for cowardice and other offences during the World War I. Key changes Key areas of change include: * Summary Discipline: Summary hearing and the role of the Commanding Officer is retained at the heart of Service discipline and is the mechanism by which most offences are dealt. Summary offences and powers are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreign National
A foreign national is any person (including an organization) who is not a national of a specific country. ("The term 'person' means an individual or an organization.") For example, in the United States and in its territories, a foreign national is something or someone who is neither a citizen nor a national of the United States. The same applies in Canada. The law of Canada divides people into three major groups: citizens, permanent residents, and foreign nationals. Under Section 2 of the Immigration and Refugee Protection of Canada (IRPA), "foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person." The term "foreign national" is not defined in the Immigration and Nationality Act (INA), which instead uses the term alien to cover many classes of people who do not qualify as nationals of the United States (Americans).See, e.g., ("The term 'alien' means any person not a citizen or national of the United States. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Protection
The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. History The Court of Protection evolved from the Office of the Master in Lunacy, which was renamed the Court of Protection in 1947. Its jurisdiction derived from both the Lunacy Act 1890 and De Prerogativa Regis of 1324, which gave the monarch authority over the property of 'idiots' and 'lunatics'. The Court of Protection was responsible for overseeing the management and administration of the estates of individuals who were unable to manage their own affairs, by reason of unsoundness of mind or infirmity. It was an office of the Senior Courts of England and Wales, later governed by the Mental Health Act 1983. At that time the old Court of Protection was part of the old Office of the Public Guardian; the new Court of Pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justiciary
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi. The president of the High Court is the Lord Justice General, who holds office '' ex officio'' by virtue of being Lord President of the Court of Session, and his depute is the Lor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Of Northern Ireland
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland. Prior to the partition of Ireland, Northern Ireland was part of the courts system of Ireland. Northern Ireland continues to have a separate legal system to the rest of the United Kingdom. There are exceptions to that rule, such as in immigration and military law, for which there is a unified judicial system for the whole United Kingdom. To overcome problems resulting from the intimidation of jurors and witnesses, the right to a jury trial in Northern Ireland was suspended for certain terrorist offences in 1972, and the so-called "Diplock courts" were introduced to try people charged with paramilitary activities. Diplock courts are common in Northern Ireland for crimes connected to terrorism. Administration of the courts is the responsibility of the Northern Ireland Courts and Tribuna ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Of England And Wales
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are generally given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary. By statute, judges are guaranteed continuing judicial independence. The following is a list of the various types of judges who sit in the Courts of England and Wales: Lord Chief Justice and Lord Chancellor Since 3 April 2006, the Lord Chief Justice has been the overall head of the judiciary. Previously they were second to the Lord Chancellor, bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinaril ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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