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This article explores and questions traditional legal scholarship's historical presentation of the role of the accused and the relationship between the individual and the state in English criminal justice that it expresses. This perceived relationship between the individual and the state is...
The author suggests that law is best represented, understood, and taught in the form of open‐ended, defeasible, normative, conditional propositions. The meaning, role, and significance of defeasibility is explained by presenting three ‘canonical forms’ and by distinguishing exceptions and...
In an earlier article, it was established that the rules which govern the relations between universities and their students may find their legal source in prescription, royal charter, parliamentary legislation or contract. This article compares judicial review of student rules according to these...
This article examines the role which the concept of fault has played historically and may still play in modern family law. In the light of recent attempts in the United States to revive fault in the context of divorce, the article considers the relevance of fault in England across a range of...
This article considers the recent Court of Appeal decision of Bank of Credit and Commerce International (Overseas) Ltd v Akindele . In this case, the Court of Appeal was required to consider a claim that the defendant should be held liable as a constructive trustee for dishonestly assisting in...
This article considers the question of whether a landowner should be responsible for nuisance behaviour which is committed by other people from his land. Recent years have seen a number of cases being brought, particularly against local authority landlords, as victims of nuisance try to get...
Dr Robert Chambers has recently argued that a loan on Quistclose terms does not actually create a trust, but rather the borrower receives the entire beneficial ownership of the funds subject only to a contractual right (enforceable by an injunction) on the part of the lender to prevent the loan...
This article seeks to make some general points about the changing nature of constitutionalism by looking critically at the constitutional architecture of the Northern Ireland Act 1998. It argues that despite their sophistication the structures of settlement in Northern Ireland do not address...
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