ENGLISH LEGAL SYSTEM ASSIGNMENT 4b, 3b & c Essay

ENGLISH LEGAL SYSTEM ASSIGNMENT 4b, 3b & c - Essay Example A statute has been defined in previous editions of this work simply as the will of the legislature", the will of the legislature must be expressed either by the agreement of its three parts (Queen, lords and commons)or by the agreement of the queen and commons in accordance with the parliament Acts 1911 and 1949.Granted that a document which is presented to it as a statute is an authentic expression of the legislature will, the function of a court is to interpret that document "according to the intent of them that made it." From that function the court may not resile .however ambiguous Difficult for application the words of an act of parliament may be, the court is bound to endeavour to place some meaning upon them. In so doing it gives effect, as the judges have repeatedly declared to the intention of parliament, but, it may only elicit that intention from he actual words of the statute In this rule its assumed that the words and phrases of technical legislation are used in their technical meaning if they have acquired one, otherwise in their ordinary meaning ,and the second is that the phrases and sentences are to be construed according to the rules of grammar. Blythes v .Blythes- A reference in the matrimonial causes Act 1950 to the court being satisfied was meant to mean precisely what it said, and to require the courts to be satisfied beyond a reasonable doubt. And in Northing ham Finance V.Ashley,the court of appeal held that the words covered of which the hirer was in possession under an existing hire- purchase agreement and which were exchanged in part payment for the goods under the new agreement .it would be too narrow a construction to restrict it to goods actually owned by the hirer. The Mischief Rule. In heydons case in 1954, it was resolved by the Barons of the exchequer, that for sure and true interpretation of all statute in general (be they penal or beneficial, restrictive and considered. Firstly, what was common law before the making of the act. Secondly, what was the mischief and defect for which the common law did not provide. Thirdly, what remedy that parliament hath resolved and appointed to cure the disease of the commonwealth. Fourthly, The true reason of the remedy, and then the office of all judges is always to

The contemporary securitization of borders and the new policies of Essay

The contemporary securitization of borders and the new policies of states in North America and Europe that attempt to link asylu - Essay Example Third, Germany issues its own version of anti-refugees and asylum seekers statutes. Fourth, emphasized the problems of the refugees and asylum seekers grew in magnitude after the end of World War II. Fifth, some host countries have not fully given the refugees and asylum seekers their deserved rights and liberties. Sixth, the key to the strict refugees and asylum seekers policies is protection from terroristic and other acts that may disadvantage other residents of the host country. Seventh, international refugee law defines a refugee as: having a well grounded fear of being persecuted one or more discriminatory grounds. The reduction of protection for the refugees and asylum seekers is grounded on self- preservation. INTRODUCTION Refugees and asylum seekers are realities of the cruel world. The research centers on the difficulties faced by the refugees and asylum seekers. The research includes the moves to improve the lives of the refugees and asylum seekers in their host countries. North American and European policies are currently attempting to link asylum-seekers and refugees with terrorism and threats of national security, violating related international refugee laws. ... There is an increasing trend of host democratic governments turning their backs on the implementation of the Universal Humanitarian Principles. After the September 11, 2001 attack, many laws were enacted to reduce the rights as well as the liberties of the refugees and asylum seekers and also the citizens entering the host countries. A vivid example is the establishment of extra-judicial refugees and asylum seekers detention camps. Of the recent abuses was headlined in the abuses of the American soldiers, including the abuses committed by the American soldiers on Cuban and Haitian refugees and asylum seekers held in a prison camp in Guantanamo Bay, near Cuba. Likewise, abuses of the Soldiers managing the refugee and asylum seeker camps on Manus Island, Papua New Guinea as well as the Island Republic. Consequently, many democratic governments have reduced their focus on implementing the rights and liberties of refugees and asylum seekers (Wilson 659). Many of the refugees and asylum s eekers arrive in foreign country because they could no longer bear living in their home country. The refugees and asylum seekers escape from their home country taking with them the agony of losing their home, social status, friends, and identity. Article 14 of the Universal Declaration of Human Rights states â€Å"Everyone has the right to seek and enjoy in other country’s asylum from the sufferings received in their home countries. However, the refugees and asylum seekers do not know what will happen to them on their journey towards the host country (Wilson 641). To understand the sudden turnaround in terms of offering rights and liberties to refugees and asylum seekers, the focus should first look at the refugees and