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Ouster Clause
An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function. According to the doctrine of the separation of powers, one of the important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution. Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they preserve the powers of the executive and promote the finality of its acts and decisions. Ouster clauses may be divided into two species – total ouster clauses and partial ouster clauses. In the United Kingdom, the effectiveness of total ouster clauses is fairly limited. In the case of '' Anisminic Ltd. v. Foreign Compensation Committee'' (1968), the Ho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Singapore
The Constitution of the Republic of Singapore is the supreme law of Singapore. A written constitution, the text which took effect on 9 August 1965 is derived from the Constitution of the State of Singapore 1963, provisions of the Federal Constitution of Malaysia made applicable to Singapore by the , and the Republic of Singapore Independence Act itself. The text of the Constitution is one of the legally binding sources of constitutional law in Singapore, the others being judicial interpretations of the Constitution, and certain other statutes. Non-binding sources are influences on constitutional law such as soft law, constitutional conventions, and public international law. In the exercise of its original jurisdiction – that is, its power to hear cases for the first time – the High Court carries out two types of judicial review: judicial review of legislation, and judicial review of administrative acts. Although in a 1980 case the Privy Council held that the fundamenta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Insurance (Industrial Injuries) Act 1946
The National Insurance (Industrial Injuries) Act 1946 was a British Act of Parliament which provided compensation paid by the Ministry of National Insurance to workers who were left injured or disabled as a result of work-related accidents. The Act replaced the Workmen's Compensation Acts. The act was universal, in the sense that it covered the entire workforce. It provided injury benefit for six months, disability benefit for the permanently injured, and a death benefit for dependents. Tribunals were set up to assess cases rather than the burden of proving a case resting on the claimant, although claims still remained hard to prove. The Act's limitation of the right to appeal was considered in ''R v Medical Appeal Tribunal, ex p Gilmore'' 9571 QB 574 where Lord Denning Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prerogative Writ
A prerogative writ is a historic term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. It was originally available only to the Crown under English law, and reflected the discretionary prerogative and extraordinary power of the monarch. The term may be considered antiquated, and the traditional six comprising writs are often called the extraordinary writs and described as extraordinary remedies. Six writs are traditionally classified as prerogative writs: *''certiorari'', an order by a higher court directing a lower court to send the record in a given case for review; *''habeas corpus'', a demand that a prisoner be taken before the court to determine whether there is lawful authority to detain the person; *'' mandamus'', an order issued by a higher court to compel or to direct a lower court or a government officer to perform mandatory duties correctly; *prohibition, directing a subordinate to stop doi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Stuart Mill
John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, Member of Parliament (MP) and civil servant. One of the most influential thinkers in the history of classical liberalism, he contributed widely to social theory, political theory, and political economy. Dubbed "the most influential English-speaking philosopher of the nineteenth century", he conceived of liberty as justifying the freedom of the individual in opposition to unlimited state and social control. Mill was a proponent of utilitarianism, an ethical theory developed by his predecessor Jeremy Bentham. He contributed to the investigation of scientific methodology, though his knowledge of the topic was based on the writings of others, notably William Whewell, John Herschel, and Auguste Comte, and research carried out for Mill by Alexander Bain. He engaged in written debate with Whewell. A member of the Liberal Party and author of the early feminist work ''The Subjection o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jeremy Bentham
Jeremy Bentham (; 15 February 1748 Old_Style_and_New_Style_dates">O.S._4_February_1747.html" ;"title="Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747">Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747ref name="Johnson2012" /> – 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism. Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong." He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He advocated individual and economic freedoms, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and (in an unpublished essay) the decriminalising of homosex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Utilitarianism
In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for all affected individuals. Although different varieties of utilitarianism admit different characterizations, the basic idea behind all of them is, in some sense, to maximize utility, which is often defined in terms of well-being or related concepts. For instance, Jeremy Bentham, the founder of utilitarianism, described ''utility'' as: That property in any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness ... rto prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is considered. Utilitarianism is a version of consequentialism, which states that the consequences of any action are the only standard of right and wrong. Unlike other forms of consequentialism, such as egoism and altruism, utilitarianism considers the interests of all sentient beings equally. Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weidenfeld & Nicolson
Weidenfeld & Nicolson Ltd (established 1949), often shortened to W&N or Weidenfeld, is a British publisher of fiction and reference books. It has been a division of the French-owned Orion Publishing Group since 1991. History George Weidenfeld and Nigel Nicolson founded Weidenfeld & Nicolson in 1949 with a reception at Brown's Hotel, London. Among many other significant books, it published Vladimir Nabokov's ''Lolita'' (1959) and Nicolson's ''Portrait of a Marriage'' (1973), a frank biography of his mother Vita Sackville-West and father Harold Nicolson. In its early years Weidenfeld also published nonfiction works by Isaiah Berlin, Hugh Trevor-Roper, and Rose Macaulay, and novels by Mary McCarthy and Saul Bellow. Later it published titles by world leaders and historians, along with contemporary fiction and glossy illustrated books. Weidenfeld & Nicolson acquired the publisher Arthur Baker Ltd in 1959, and ran it as an imprint into the 1990s. Weidenfeld was one of Orion's first a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carol Harlow
Carol Harlow QC FBA is a British barrister and academic, emeritus professor of law at the London School of Economics (LSE). Her doctoral thesis was titled ''Administrative liability: a comparative study of French and English Law''. Selected publications *''Law and administration'', 3rd edn 2009 *''Accountability in the European Union'', 2000 *''State liability: Tort Law and Beyond'', 2002 *''The Concepts and Methods of Reasoning of the New Public Law - A New Legislation?'', 2011 *''National administrative procedures in a European Perspective: Pathways to a slow convergence?'', 2010 *''Accountability as a Value in Global Governance and for Global Administrative Law'', 2011 References Living people Academics of the London School of Economics Fellows of the British Academy Honorary Fellows of the London School of Economics Year of birth missing (living people) British barristers {{UK-academic-bio-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laissez-faire
''Laissez-faire'' ( ; from french: laissez faire , ) is an economic system in which transactions between private groups of people are free from any form of economic interventionism (such as subsidies) deriving from special interest groups. As a system of thought, ''laissez-faire'' rests on the following axioms: "the individual is the basic unit in society, i.e. the standard of measurement in social calculus; the individual has a natural right to freedom; and the physical order of nature is a harmonious and self-regulating system." Another basic principle of ''laissez-faire'' holds that markets should naturally be competitive, a rule that the early advocates of ''laissez-faire'' always emphasized. With the aims of maximizing freedom by allowing markets to self-regulate, early advocates of ''laissez-faire'' proposed a ''impôt unique'', a tax on land rent (similar to Georgism) to replace all taxes that they saw as damaging welfare by penalizing production. Proponents of ''l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Repeal
A repeal (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal) is the removal or reversal of a law. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law with an updated, amended, or otherwise related law, or a repeal without replacement so as to abolish its provisions altogether. Removal of secondary legislation is normally referred to as revocation rather than repeal in the United Kingdom and Ireland. Under the common law of England and Wales, the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed." This, however, is now subject to savings provisions within the Interpretation Act 1978. In parliamentary procedure, the motion to rescind, repeal, or annul is used to cancel or countermand an action or order previously adopted by the assembly. Partial or full repeals A partial repeal occurs when a specified part o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Law
Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the Environment (biophysical), environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
