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No description available.

No description available.

No description available.

No description available.

This thesis sets out to review the extent to which the European Convention for the Promotion and Protection of Human Rights and Fundamental Freedoms(1) has influenced the political and legal order of England and Wales.(2) Analysis is explored along a number of lines of investigation. A review of the influence of the ECHR on the constitutional order of the UK is prefaced by analysis of its early influence on the order of the Netherlands, Germany and France.(3) Analysis gives rise to two questions Does the ECHR, dependent on the signatory-state with its own constitutional arrangement and legal culture, support a claim that a collective enforcement of human rights (4) protection can not exist empirically, therefore can not achieve as a transcending philosophy? Does the ECHR's apparent affinity with the monist order of the civil-law tradition render it in relation to the UK dualist order an impracticable statement of ideal? Drafted under the auspices of the Council of Europe, the rights and freedoms of the ECHR are accorded a generic structure, essentially subject to derogation. Whether the ECHR is capable of advancing an effective fon-n of human rights protection, this thesis examines the genesis of the ECHR, including its absence of inquisitorial function. Analysis gives rise to the question: What is to be expected of the ECHR: the promotion of a common understanding of HR intimated by the Congress of Europe 1948, or a collective enforcement of protection inherent in an understanding of the telos of the ECHR? Narrowing the focus of analysis to the UK, this thesis examines its response to the concern of terrorism, asylum and various aspects of criminal justice and asks: Whether the concept of HR protection has become the last haven of sui-generis positivism, and if so, the ECHR a raison d'etre of the signatory- state? With regard to the judicial treatment of the rights and freedoms of the individual post the (5) Human Rights Act 1998(5), this thesis examines the functioning of Section 3 of the HRA. Analysis raises a number of questions: Does a division in judicial reasoning exist between, and/or within, the higher and lower courts regarding the application of the HRA/ECHR? If so, on what grounds? Can a universal humanity exist in a legal order where rights are treated as a form of residual liberty remaining after legal restraints are subtracted? Whether post 2000, a decline in autonomous law has resulted in a convergence of the legal and political and the creation of a national responsive law in which the HR concern of the individual is placed below that of the prevailing Government and judiciary, the findings of this thesis are used to test the assertion that: The Article I ECHR agreement by the UK to secure to everyone within its jurisdiction the rights defined in Section 1, is not matched by a realisation of those rights by everyone within its jurisdiction; Subject to the sovereignty of Governments and politics of the national judiciary, the ECHR constitutes an order for the popularisation of the concept of HR protection, as opposed to a system for the collective enforcement of the rights and freedom of the individual. (1) Hereafter, ECHR (2) Excluding the legal order and legislative autonomy of Scotland. Hereafter, UK (3) Following its ratification by the Netherlands, Germany and France (4) Hereafter,HR (5) Hereafter, HRA

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The criminal defence lawyer is perhaps the most publicly identifiable and controversial figure in the criminal justice system, and is considered by many to represent the cornerstone of adversarial criminal justice. However, there is significant evidence that the context within which criminal defence lawyers operate in England and Wales is rapidly, and fundamentally, changing. Using a wide range of theoretical literature and commentary, the thesis begins by exploring theoretical constructions of the defence lawyer's role, and proceeds to an assessment of whether the traditional, theoretical, conception of the role remains relevant and useful in the context of the 21st century. It continues with an extensive exploration of modern, formal, regulation governing criminal defence lawyers in England and Wales, including relevant legislation, case law and professional conduct rules. The thesis aims to explore ethical conflicts in criminal defence work by identifying and analysing tensions between the various obligations owed by the defence lawyer. All of these issues are explored in the context of ‘real-life’ criminal defence practice through an empirical study, using the novel ‘vignette technique’ to simulate ethical conflicts that defence lawyers might face. Having explored theoretical, formal and practical conceptions of the defence role, the thesis draws conclusions about the usefulness and relevance of theory to the modern role, whether that theory is reflected both in formal regulation and in practice, and whether ethical conflicts pose a significant barrier to the functioning of the defence lawyer's role. Finally, using the research data, the thesis raises questions about the continuing validity of adversarial conceptions of criminal procedure in England and Wales, and makes proposals concerning the future of theoretical debate relating to the role of the criminal defence lawyer.

This study deals with one of the most important subjects that can be raised in the field of arbitration, namely. challenging arbitral awards. It provides an in-depth analysis, and identifies the deficiencies, of article 34 of the UNCITRAL Model Law on International Commercial Arbitration. Basically, the study argues that the Model Law has failed to recognise appeals to arbitral tribunals of second instance as well as appeals to courts on points of law, and whereas it has also failed to provide sufficient grounds for setting aside arbitral awards, the grounds that it provides were not well formulated by its drafters. The study also provides an in-depth analysis of the adoption of article 34 by Bahrain, Egypt, England, Jordan, Oman and Tunisia. Whilst it concludes that Egypt, Jordan, Oman and Tunisia have tackled some of the deficiencies of article 34, the study recommends UNCITRAL to adopt, after inserting some amendments, sections 30, 67, 68, 69 and 70 of the English Act as a substitute for article 34. In addition, this study proves that the Model Law is defective in many respects in relation to its provisions that deal with arbitral awards, and it discusses a number of unnecessary divergences from the Model Law made by Egypt, England, Jordan, Oman and Tunisia.