The Declaratory Theory of Law: Do Judges in the English Legal System Make Law, and Should They?
Introduction The declaratory theory of law, a foundational concept in the English legal system, posits that judges do not create law but merely declare ...
Sometimes, It Is the Idea of Using Established Techniques to Do Something Which No One Had Previously Thought of Doing: A Discussion on Patentability and Inventive Step in Biogen Inc. v. Medeva Plc
Introduction The concept of patentability and the requirement of an inventive step are central to intellectual property law, particularly in the protection of novel ...
“[E]nhancing the security and clarity or formality of property rights has become something of an idée fixe among global development policy experts. The legal orthodoxy which has accompanied neo-liberal economic prescriptions routinely affirms that ‘clear and strong’ property rights are a prerequisite to a functioning market economy and that stronger and more formal property rights will promote efficiency and growth.” – D.W. Kennedy (2011). How does the neoliberal orthodoxy of “clear and strong” property rights fail to account for and lead to the erosion of the plural, relational, and socially embedded nature of customary land tenure and customary space in Malawi?
Introduction The neoliberal economic framework, which prioritises market efficiency and individual property rights, has significantly shaped global development policies over the past few decades. ...
Company Briefing Note to CC Ltd: Legal Effectiveness of Letters of Intent and Lessons from Key Cases
Introduction This briefing note is prepared for CC Ltd to provide guidance on the legally effective use of letters of intent within construction contracts, ...
Enforceability of Covenants in Property Law: Advising Hoppit on the Original Covenants at Beselthorpe
Introduction This essay examines the enforceability of three covenants established in 1990 as part of a land transaction at Beselthorpe, a large estate divided ...
Critically Analyze the Concept of Separate Personality
Introduction This essay aims to critically analyze the concept of separate personality in the context of business organization law, a foundational principle in corporate ...
Lord Diplock in Davis v Johnson
Introduction The case of Davis v Johnson [1979] AC 264 remains a landmark decision in English law, particularly in the context of statutory interpretation ...
What is the Misuse of Drugs Act?
Introduction The Misuse of Drugs Act 1971 (MDA) stands as a cornerstone of UK legislation governing the control and regulation of drugs, with significant ...
Decisions, Flexibility, and the Doctrine of Judicial Precedent: Achieving Constrained Flexibility in Intermediate Appellate Courts
Introduction The doctrine of judicial precedent, or stare decisis, is a cornerstone of the English legal system, ensuring consistency and predictability in judicial decision-making. ...
Case Brief of Wednesbury: A Cornerstone of Administrative Law
Introduction In the study of governance and leadership, understanding the legal frameworks that shape administrative decision-making is essential. One seminal case that continues to ...
