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Showing posts with the label rule of law

A Fair Trial... Jury Impartiality in the Modern Age by Taio Kong and Hasan Fatiwala

"Two students currently studying A-Levels, having just finished the first year, aspiring to do Law at university with interests in both criminal law and commercial law." The past year has seen the rise of intense demonstrations all around the world ultimately named as part of the ‘Black Lives Matter’ movement. Regarded as the spark of these protests, on the 25th of May 2020 Minneapolis Police Department detained George Floyd, a 46-year-old black man accused of buying cigarettes with a ‘counterfeit’ $20 bill. Derek Chauvin, one of the police officers who was tasked with detaining Floyd, kept his knee on his neck for around nine minutes resulting in unconsciousness and ultimately the death of George Floyd. On April 20th 2021 Mr. Chauvin was convicted of second-degree unintentional murder, third-degree murder and second-degree manslaughter. The case was heavily publicised with a lot of media coverage and many agreed Derek Chauvin received a fair trial yet some argue, due to the ...

Bending Towards Justice... The Meaning Of Justice

When it comes to the central question of legal philosophy, academics are divided. Do we have an obligation to obey the law? Crimes are committed on a daily basis, some benignly, others maliciously, and yet we are faced with the same question of whether we have a duty to follow the rules that govern our society. Wolff argues we never have such an obligation - a legal anarchist - whereas Raz approaches this from the more transactional perspective: we have an obligation to obey the law when it helps us to do something we wanted to do anyway. Shelby, on the other hand, pays particular attention to the role of society in answering the question, and argues that our obligations are differentiated on the basis of how society treats us.  Shelby writes of the ghetto: an urban neighbourhood characterised by concentrated poverty, racial segregation, violence and crime, unemployment and numerous other social issues that cast our imagination to scenes not dissimilar to those in The Wire , where ...

From Legal Aid To Lethal Aid... The Crisis In Access To Justice

Following the July Court of Appeal's decision to allow Shamima Begum to appear in court to argue her case in person, Boris has railed against the judiciary, calling the decision to grant Begum legal aid "odd and perverse", and committing the government to review not just the legal aid policy, but the entire system of judicial review. This article will set out the case for protecting and expanding legal aid provision in Great Britain, and examine the effects of an absence of legal aid on the justice system as a whole.  The case of Shamima Begum It is likely that you will already be familiar with Ms Begum - the infamous ISIS fighter who left the UK aged 15 to fight alongside the terrorist organisation in Syria. Following her discovery in 2019 by a journalist, then-Home Secretary Sajid Javid revoked her citizenship. Begum had married a Dutch jihadist a week after arriving in Syria, with whom she had three children, none of whom survived infancy. According to reports in the T...

All Barr The President... The Attorney General's Relationship With The Commander-In-Chief

"You've chosen to be the president's lawyer," declared Hawaii Senator Mazie Hirono to Bill Barr in the Senate Judiciary Committee when the Attorney General testified on his handling of the Mueller Report. Since his appointment in 2019 after the firing of Jeff Sessions, Barr has led the US Department of Justice and acted as the nation's top law enforcement official for his second time, after a two-year tenure under George H W Bush. His expansive view of executive powers and his apparent partisan actions have drawn a great deal of criticism, particularly in his last congressional hearing two days ago on the current unrest across the US following the murder of George Floyd earlier in the year. Barr's direction to federal officers to use chemical weapons, including tear gas and pepper bombs, and violent tactics against protestors, most infamously to move demonstrators away from Lafayette Park to allow for the President's photo op, drew particular ire from Rep....

Depending On The Blindness Of Strangers... The Question Of The Law And Minorities

In Tennessee Williams's play 'A Streetcar Named Desire' the protagonist Blanche DuBois finds herself living with her sister and brother-in-law after she loses her house and livelihood. Blanche, throughout the play, slowly descends into madness, as she is abused by her sister's husband and haunted by the death of her former lover. At the end, when she is taken away to a mental institution, Blanche softly says to the doctor "I have always depended on the kindness of strangers." As a woman who has spent her life hounded by the stark injustices of her situation, Blanche has depended on the kindness of strangers to offer her comfort where there is none, a home when she has lost her own, a job when she has been dismissed, and love where she cannot find some, but it is this same dependence that allows Blanche to be inherently vulnerable to those she depends on: the lover who kills himself, breaking her heart; the sister who gives her away to a hospital; the brother-i...

The Exception - Not The Rule - Of Law... In Defence Of Black Lives Matter

What is the rule of law? In my opinion, it does not exist. It simply cannot exist. There are too many contradictions, too many gaps, and too many criteria that even the most utopian society could not declare itself subject to the rule of law. But to disregard it, we must first understand what it claims to be. Nick Barber wrote that the rule of law “asks what it means to be governed by law, rather than men.” The first societies decided their own unofficial laws based on the ideas of their leaders, whereas the first civilisations decided their laws based on the ideas of their people, with the advent of agriculture 10,000 years ago. For a period of about 2 million years, hominid groups (primarily hunter-gatherers) appeared to have distributed justice based on the views of a council of elders, or often a simple individual Their laws were likely based on superstition, natural ideas of justice, and the hocus-pocus of the leaders themselves. When civilisations were developed, while brutalis...