The right to speak freely serves many capacities. One of its most essential capacities is that decision-making at all levels in the government is discussed by appointed representatives. The representatives are chosen by the people thanks to freedom of expression. Freedom of expression is important at all levels in society. Yet it is most important for a Democratic government.
INTRODUCTION It is the most common perception of people to prosecute and punish those who commit war crimes or atrocities against humanity, nonetheless they should be given a fair trial. A fair trial, free from judicial bias and political pressures is a legal right. The fairness is not only the prerogative of the victims but also the accused for it is an important component of the mandate to the International Court of Justice. To interpret fairness one requires a more holistic concept not just limiting to judicial proceeding but one that effectively helps parties realise their rights under the Rome Statute. The concept of fairness in international criminal law is derived from its predecessor, international human rights law.
ABSENCE OF MALICE: QUESTION 1 When it comes to the exposure of news stories and headlines addressing important situations in real life scenarios, the media, newspapers, and other social platforms are given a very wide range of freedom. Newspapers have the power to say what they want, how they want it as long at it is truthful and effective in everyday life. However with that certain power comes responsibility and the idea news should ideally be legal and ethical, and should stray away from misuse of liability and slander. This thought leads to the question of: Does this story have legal points and information? And in addition: Can this story be viewed as a truthful and ethical piece?
In a democracy, freedom of speech and the press must be accorded great respect, but other values such as national security, the protection of reputation or public safety sometimes conflict with First Amendment guarantees. Discuss the approaches that have been used by the Supreme Court to define the limits on expression. How have these approaches been applied in specific cases? Several restrictions have been formulated on expression. The first approach used by the Supreme Court is the Clear and Present Danger.
By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered". Throughout my A level studies I have become increasingly attracted to the study of Law and wish to pursue a degree in this subject to reinforce and develop my knowledge and understanding of the legal system. Studying law has provided me with a solid grounding in the English Legal system.
Plato stated “equity is a necessary element supplementary to the imperfect generalisation of legal rules”. The term equity refers to the moral aspect of law where fairness and good conscious are taken into account when deciding case outcomes. Equity is the principle of law established in the court of chancery by the Lord Chancellor. These principles progressed on account of the shortfalls and severity of the common law in regards to dealing with specific disputes. In equity the disputes are decided according to the facts of the case and good conscience.
1. INTRODUCTION It is the most common perception of people to prosecute and punish those who commit war crimes or atrocities against humanity, nonetheless they should be given a fair trial. A fair trial, free from judicial bias and political pressures is a legal right. The fairness is not only the prerogative of the victims but also the accused for it is an important component of the mandate to the International Court of Justice. To interpret fairness one requires a more holistic concept not just limiting to judicial proceeding but one that effectively helps parties realise their rights under the Rome Statute.
Judicial independence assures that judges will have the capacity to make laws and settle on choices free of impact and in light of the law. Judges play a crucial role in Canadian democracy. The judicial branch of government constitutes the court system of Canada formally known as "the Queen on the Bench”, and is made up of many courts. It differs in levels based on legal superiority and is separated by jurisdiction. There are federal court as well as provincial or municipal courts.
Abstract The right of having fair trial that is identified as an international human right norm to support individuals against depriving or limiting freedom and their fundamental rights, is a general concept that important international and regional documents such as Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and The European Convention on Human Rights have predicted elaborately mechanisms to exercise this right and conditions to ensure them. Fair trail consists of judicial investigation and decision-making by a legal, independent, impartial and competent judicial authority and according legal regulations and with compliance with established safeguards for both parties. Some scholars have considered fair trial as a human right principle and as backbone of rights and procedural safeguards under which are principles such as impartiality and independence and equality of weapons and finally procedural safeguards will end up to fair trail. In practice, realization of this issue requires prediction of legal mechanisms. Article 10 of Universal Declaration of Human Rights in and
Rule of Law, although studied as an abstract legal concept, has enormous value in its practical implications. Its flexibility to provide a just fair and reasonable order is undeniable. Gradually with passage of time it has transformed its shades and colours from natural Law to the Modern Rule of law and with passage of time its significance is becoming more evident as a tool of governance. It’s an effective tool in curbing the misuse of the power hands of State. Rule of law today is synonymous with the principles of justness, fairness and reasonableness.