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Legal Infrastructure of UK: International Treaties - Essay Example

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The main objective of the following essay "Legal Infrastructure of UK: International Treaties" is to examine the structure of the UK constitution, particularly the legal regulations regarding international treaties, in accordance with European standards…
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Download file to see previous pages In this study, I noted from Professor Reid established that the UK had the highest cost in terms of environmental cases in Europe. Therefore, in his proposal, he sought to reduce if not to remove financial and other barriers to accessing justice (Pannick 2009). On describing the prohibitive costs as a huge barrier, I established in Professor Reid statement, that the current UK review procedures do not satisfy the convention requirements. However, to assume international conventions, I acknowledged that the European member countries, including the UK, have to pass own ratification and then issue a directive to facilitate full compliance with own legal system. Notably, the Ministry of Justice issued a directive to effect changes in the civil procedure rules. This was in line with Jackson review commission recommendations, which proposed a reduction of legal costs. The intent of the Ministry of justice was to amend the law such that it limits the cost at ? 5,000 against the current? 30, 0000. Based on this, Parliamentary Office of Science and Technology (POST) indicated satisfactory progress on the first two pillars, whereas little progress was attributed to lack of will to implement the directive issued in regard to the third pillar. Referring to the 2008 Sullivan Report in which both European commission and compliance committee of the convention raised an alarm due to the high cost associated with environmental cases; Lord Jackson suggested on a qualified way of shifting costs in all judicial reviews. I did agree with Lord Jackson proposal that costs against any claimant should not exceed a reasonable amount, which one is capable to pay. What I have also realized in regard to the international treaties is that UK courts establish law based on international treaties, though, upon their ratification. The UK follows the common law which is not documented. However, on ratification of international treaties, it is the court responsibility to craft such treaties into law for implementation. This new law is deemed superior to the previous law, which is enshrined in the common law. This is evident where Lord Jackson proposed a regime of ‘qualified one-way costs shifts’ in all judicial reviews. More so, this was observed where both the European Commission and the convention compliance committee challenged the prevailing laws that deterred justice in regard to environmental cases occasioned by high costs associated with settling such cases (Ward, 2011). Lord Jackson proposed a new civil procedure that saw the claimants who were not financially well also get protection from liability of adverse litigation costs. Further, these recommendations were endorsed and the court would no longer order the claimant to bear costs of the party other than those where the claimant has himself acted in prejudice of the proceedings. Having no written constitution for the UK, I considered it an uphill task to write this paper. Though, not to say that there are no written laws in the UK, they exist but are not written explicitly like other countries. Compared with the United States, British laws only provide guidelines, and it is the court's responsibility to give the way forward.  ...Download file to see next pagesRead More
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