Diplomatic asylum protects the political offender against any measures of a manifestly extra-legal character which a government might take against its political opponents. The fact bears observing that even within the Latin American institution of diplomatic asylum, reasons of humanity are, by themselves, not sufficient to establish a right to give refuge on mission premises. The significant feature of diplomatic asylum, as it appears in the relevant treaties, is that the persons seeking asylum are accused of political offenses or pursued for political reasons.93 If humanitarian reasons had been the decisive factor, diplomatic asylum would have been opened to those accused of common offences as well even the common criminal might, after all, be threatened with mob
“Acknowledgment of crimes against humanity was a revolutionary development in the international law and was developed as an off shoot of war crime. The customary international law was averse to the acts committed by the belligerent state over the members of the armed forced of the other state during the armed conflict. But there was little, if not any, laws dealing with the acts committed by the belligerent stated on the civilian of the other state. This lack of any law may be attributed to the nature of the armed conflict which was prevalent before the industrial revolution. But with the onset of industrial revolution and invent of the weapons of mass destruction, the nature of armed conflict changed.
Matthew Wong Ms.Yuan History-Duke 12 October 2017 How the Constitution affects tyranny That could happen if the Constitution was not set in place to guard against tyranny. Tyranny occurs when the government has an absolute ruler who rules harshly. The previous constitution, the Articles of Confederation, was not very powerful and lacked many laws needed leading to a decision to forward a new constitution. The Constitution set up different laws to split the power between different powers so that they would never be ruled by a tyrant once more. As such, they split the power between the state and central government, federalism, so that one government does not have more power than the other.
Tort is violation of a legal right vested in any particular individual (defamation) or of public at large (Public nuisance).It is a branch of the obligations ,where the legal obligations to refrain from harm to another and ,if harm is done, to repair it or compensate for it ,are imposed not by agreement, but independently of agreement by force of the general law. Tort law is set of those formal rules which are applied by the courts in reconciling conflicts of civil nature in the society. The Tort Law rules create a civil liability which leads to non-penal
No. It is very different if we commit violations to other country, we see patrol police and etc. How about China committing violation under International Law, is there any that will arrest China? None, but only through the use force. Now if this is the case Municipal prevails over International Law and should prevail over International Law because International Law lacks the sound military power as what Machiavelli said as a foundation of an orderly
Despite an earlier reluctance of punishing the corporations, the identification and recognition of corporate criminal liability by the English Courts in 1842 as a corporation1 was sanctioned fine for failing to fulfil its statutory duty. A number of reasons for the reluctance were stated – the corporation was legally fictional body, and under the rules of ‘ultra vires’ could only carry out those acts which were specifically laid down in the corporation’s charter. Another objection pertaining was that it lacked a necessary amount of ‘mens rea’ and also the ability to appear in the Court as a personal appearance. Finally, the court found it difficult for punishing the corporation as it lacked a number of sanctions. With the bending time, the English Courts followed the doctrine of ‘respondeat superior’ or ‘vicarious liability’, in which the acts of an agent or a subordinate are attributed to the corporation.
Path dependence is the idea that decisions we are faced with depend on past knowledge trajectory and decisions made, and are thus limited by the current competence base (Praeger 2007). In other words, history matters for current decision-making situations and has a strong influence on strategic planning. For instance, after the defeat of the Japanese, the returning British faced the problem of communism in Malaya. Hence, in order to suppress communism, the British has to options. Either to Suppress the communist insurgencies by using solely British troops to stamp out or eradicate communism or use the readily trained Malaya troops by collaborating with the MNLA (Malayan National Liberation Army).
Administrative law is concerned solely with the Administrative acts or either the administrator or of quasi judicial bodies. Now the methods by which such acts are interfered with are by the use of the prerogative or common law writs, especially by the writs of certiorari, mandamus and prohibitions. These writs are issued only by the High Courts in England and by the Supreme Court and High Courts in India under Articles 32 and 226 of the constitution of India. This jurisdiction excludes ordinary courts. Very civil or criminal proceedings in the land.
For example, in the United States of America although the written constitution are rigid and inflexible, the judicial system is given a huge authority to strike down laws on the basis that it is ‘unconstitutional’. In Comparison,the Human Rights act enacted in the year 1998 is a significant constitutional importance as it had stroked a compromise in the affording of rights to the people and the sovereignty of parliament. Furthermore, it had incorporated the European Convention on Human Rights, which meant that the rights of individual was recognised in the national laws and they were entitled to it. The Human Rights acts 1998 had given the judges a more specific, legal basis on which to measure the balance of the authority of the parliament to and the rights of the individual. Due to Parliamentary Sovereignty, there is no ability for a judicial review to occur at the primary stage; when a bill is been passed through the Two House of parliament.
INDONESIA CONFRONTATION Under Tunku Abdul Rahman Malaysian Foreign Policy 1957-1969, there are few conflicts arisen between Malaya and its neighboring countries. One of the issues on that time is the Indonesian Confrontation towards Malaysia due to the formation of federation of Malaysia. Its causes some fight between fight Indonesian and Malaysian as Indonesian sent their troops to spark and start up raids and sabotage. At that time, Sabah and Sarawak also faced attempt of subversion by the Indonesian. This is because, Indonesia did not satisfied that North Borneo and Sarawak were joining the federation of Malaysia because, the President Sukarno had interest to emerge with them to form an Indonesia Raya.