Abortion Status Quo Upheld

The recent case of A and B v Secretary of State for Health, concerned women from Ulster seeking abortions in England (see here for the full judgment, dated 14th June 2017).  Presently such women are not permitted to have abortions in England on the NHS. They can have them in Ulster if they meet certain conditions which are stricter than…

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Labour Manifesto On No Fault Divorce & Other Issues

See my earlier post on the this blog concerning no fault divorce and the case of Owens v Owens.  The Labour Manifesto states that: "Labour will introduce a new fault divorce procedure". That is it, no more detail is provided.  There is already a no fault divorce procedure in England & Wales governed by the Matrimonial Causes Act 1973 and…

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ONLINE CENSORSHIP PROPOSED IN TORY PARTY MANIFESTO

The Conservative Party manifesto, see here, proposes to establish a commission to combat 'extremism' (see page 54). The manifesto states that a Conservative government will consider enacting new laws to tackle extremism.  'Extremism' is not defined.  In practice this tends to be a platitudinous term used to denounce certain views, without debate or analysis. The manifesto further proposes to regulate online…

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Utilitarianism Part II

This is part II of an article on Utilitarianism, which focuses on Utilitarian jurisprudence as opposed to the general philosophy of Utilitarianism which is discussed in part I.  Part I is the last but one entry on this blog. The current notion of Parliamentary Sovereignty, accepted by the vast majority of the legal profession, states that any law passed by…

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Jeff Sessions Announces Hardline Sentencing Policy

Last week, a new federal charging policy emerged in the USA, with Attorney General Jeff Sessions instructing federal prosecutors to pursue the most serious charges available against the vast majority of criminal suspects.  This policy will inevitably send more people to prison and increase average sentence length.  This in direct contrast to former Attorney General Eric Holder's policy of instructing…

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ARTICLES ON JURISPRUDENCE: UTILITARIANISM – THE NIHILISTIC PHILOSOPHY THAT THREATENS THE RULE OF LAW IN THE UK (PART I)

In my article on Capital Punishment, see here, I discussed the philosophy of utilitarianism in order to counter the challenge it poses to retribution based justice. In this article I will expand upon my critique of utilitarianism (part I) and also demonstrate how utilitarianism has served to undermine the rule of law in the UK (part II). Philosophical Critique I…

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Calls For ‘Hate Crime’ Equality

Campaigners have called for ‘hate crime’ equality, see here. What ‘hate’ actually refers to is the crime being motivated or aggravated by an arbitrarily protected characteristic. If the Court makes a finding that a crime was motivated or aggravated by the victim possessing such a characteristic, then the Judge will increase the sentence passed.  The prosecution need to prove this…

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Jeff Sessions

US Attorney General Jeff Sessions is interviewed by Fox News at the Southern Border Wall with DHS Secretary John Kelly.  The pair discuss the tendering process and the importance of combating violent criminal gangs. https://youtu.be/R7ZvP11tJf0 Below Attorney General Jeff Sessions is interviewed by Mark Levin about so called sanctuary cities, the recent judicial decisions against his administration's immigration policy and…

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Bizarre Court of Protection Case

I did not notice this bizarre case when it was first reported on or around the 12th April. The Court of Protection struck out an application for authority to remove transplantable material from the Applicant’s father on the basis that, the father’s capacity had not been established, he had not been consulted, the need for the procedure had not been…

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Landmark Judgment on ‘Indirect Discrimination’

In a recent judgment concerning employment law and ‘indirect discrimination’, see here, the Supreme Court decided that a Claimant does not need to prove the reason why their protected group is disadvantaged by a particular provision, criterion or practice (“pcp”), in order to succeed in a claim for ‘indirect discrimination’. Therefore once the employee can show that their group is…

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