common-law

The Role of Judges and Legal Practitioners in the Development of Common Law: Judicial Law-Making and Legal Advocacy

The Role of Judges and Legal Practitioners in the Development of Common Law: Judicial Law-Making and Legal Advocacy Introduction The common law tradition has developed through the continuous interaction of two closely connected professional activities: judicial decision-making and legal advocacy. Judges interpret legal rules, resolve disputes, determine the significance of Read more

By Tsvety LL.M., ago

Statutory Interpretation and Judicial Reasoning in the Common Law Tradition

Statutory Interpretation and Judicial Reasoning in the Common Law Tradition Introduction Statutory interpretation occupies a central position in the common-law legal tradition. Legislatures enact statutes to regulate conduct, establish institutions, confer powers, protect rights and respond to social, economic and political developments. Yet legislation cannot anticipate every factual situation in Read more

By Tsvety LL.M., ago

Civil Procedure in Common Law Systems: Adversarial Litigation, Pleadings, Evidence, and Remedies

Civil Procedure in Common Law Systems: Adversarial Litigation, Pleadings, Evidence, and Remedies Introduction Civil procedure is the body of legal rules and institutional practices governing the resolution of disputes between individuals, businesses, organisations and, in appropriate circumstances, public authorities. It determines how a claim is brought before a court, how Read more

By Tsvety LL.M., ago

Criminal Procedure in Common Law Systems: Investigation, Prosecution, Adversarial Trials, and Evidence

Criminal Procedure in Common Law Systems: Investigation, Prosecution, Adversarial Trials, and Evidence Introduction Criminal procedure is the body of legal rules and institutional practices governing the way in which the state investigates suspected offences, brings criminal charges, conducts trials, determines guilt, imposes punishment and reviews criminal convictions. It is the Read more

By Tsvety LL.M., ago

Equity and the Law of Trusts: The Historical Development and Modern Function of Equitable Principles

Equity and the Law of Trusts: The Historical Development and Modern Function of Equitable Principles Introduction Equity and the law of trusts occupy a distinctive position in common law legal systems. Their historical development, conceptual foundations, and practical functions distinguish them from many other branches of private law. While contract Read more

By Tsvety LL.M., ago

The Structure of Private Law in Common Law Systems: Rights, Duties, and Legal Remedies

The Structure of Private Law in Common Law Systems: Rights, Duties, and Legal Remedies Introduction Private law occupies a central position in common law legal systems. It regulates the relationships between individuals, businesses, organisations, and other private legal persons, establishing the rights they may exercise, the duties they owe, and Read more

By Tsvety LL.M., ago

Judicial Review and the Control of Public Power: Courts, Government, and Administrative Legality

Judicial Review and the Control of Public Power: Courts, Government, and Administrative Legality Introduction The exercise of public power is one of the defining characteristics of the modern state. Governments legislate, administer public services, regulate economic activity, collect taxes, grant licences, impose sanctions, determine immigration status, manage public institutions, and Read more

By Tsvety LL.M., ago

Separation of Powers and the Organisation of Government in Common Law Jurisdictions

Separation of Powers and the Organisation of Government in Common Law Jurisdictions Introduction The organisation of government is one of the fundamental questions of constitutional law. Every constitutional system must determine how public authority is distributed, which institutions are responsible for making laws, who administers and enforces them, and which Read more

By Tsvety LL.M., ago

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