Public Law and Civil Liberties ISBN 978-1-137-54503-9.Indd
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Court of Queen's Bench of Alberta
Court of Queen’s Bench of Alberta Citation: AVI v MHVB, 2020 ABQB 790 Date:20201216 Docket: FL03 55142 Registry: Edmonton Between: AVI Applicant and MHVB Respondent and Jacqueline Robinson, a.k.a. Jacquie Phoenix Third Party and Unauthorized Alleged Representative _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice Robert A. Graesser _______________________________________________________ I. Introduction [1] This is a follow-up to my decision of August 26, 2020 in AVI v MHVB, 2020 ABQB 489 [AVI #1]. That decision centred on an intermeddler to a child custody dispute. The third party, whose actual name is Jacqueline Robinson, instead self-identified as “Jacquie Phoenix, Sovereign Woman Living on the Land, Legal Beneficiary / Soul Administrator To the Trust of Page: 2 the Legal Fiction Known as Jacqueline Robinson”. I will in this decision refer to Ms. Robinson by her actual name, “Jacqueline Robinson”, rather than the legally meaningless “Strawman” legal persona she has adopted. [2] As discussed in AVI #1, Ms. Robinson is a pseudolaw promoter, or “guru”. Pseudolaw is a collection of spurious legally incorrect ideas that superficially sound like law, and purport to be real law. In Meads v Meads, 2012 ABQB 571 [“Meads”], ACJ Rooke grouped these concepts together under the term “Organized Pseudolegal Commercial Arguments”, or “OPCA”. In layman’s terms, pseudolaw is pure nonsense. [3] Gurus are a particularly obnoxious component of the pseudolaw phenomenon. They operate as “Typhoid Marys” who spread the pseudolaw “disease of ideas” into new populations: Donald J Netolitzky, “The History of the Organized Pseudolaw Commercial Argument Phenomenon in Canada” (2016) 53:3 Alta LR 609 at 611. -
This Electronic Thesis Or Dissertation Has Been Downloaded from Explore Bristol Research
This electronic thesis or dissertation has been downloaded from Explore Bristol Research, http://research-information.bristol.ac.uk Author: Torrible, Clare Title: How do civil actions against the police and police complaints interact and what does this interaction reveal about police legitimacy? General rights Access to the thesis is subject to the Creative Commons Attribution - NonCommercial-No Derivatives 4.0 International Public License. A copy of this may be found at https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode This license sets out your rights and the restrictions that apply to your access to the thesis so it is important you read this before proceeding. Take down policy Some pages of this thesis may have been removed for copyright restrictions prior to having it been deposited in Explore Bristol Research. However, if you have discovered material within the thesis that you consider to be unlawful e.g. breaches of copyright (either yours or that of a third party) or any other law, including but not limited to those relating to patent, trademark, confidentiality, data protection, obscenity, defamation, libel, then please contact [email protected] and include the following information in your message: •Your contact details •Bibliographic details for the item, including a URL •An outline nature of the complaint Your claim will be investigated and, where appropriate, the item in question will be removed from public view as soon as possible. How do civil actions against the police and police complaints interact and what does this interaction reveal about police legitimacy? Clare Torrible A dissertation submitted to the University of Bristol in accordance with the requirements for award of the degree of Doctor of Philosophy in the Faculty of Social Sciences and law. -
Immigration, (2021)
Right to respect for private and family life: immigration, (2021) Right to respect for private and family life: immigration Last date of review: 02 March 2021 Last update: General updating. Authored by Austen Morgan 33 Bedford Row Chambers Convention rights - from the 1950 European Convention on Human Rights (ECHR) and given further effect by scheduling to the Human Rights Act 1998 (HRA) have applied incontrovertibly in domestic UK law since 2 October 2000. There was considerable discussion from 1997 about which rights would be litigated in future years, on the basis of the jurisprudence of the European Court of Human Rights (ECtHR) at Strasbourg, in the three jurisdictions of the United Kingdom (UK): England and Wales; Scotland; and Northern Ireland. Some commentators anticipated that art.8 (the right to respect for private and family life) would be important, as the basis of a new domestic right to privacy. Few, if any, predicted that the family life aspect of art.8 would play a significant role in UK immigration law and practice; this regulates the entry (and possibly exit) of non-nationals, whether as visitors, students, workers, investors or residents. Overview of Topic 1. This article looks at legislative, executive and judicial attempts to limit such art.8 cases since 2000, a project led by successive Secretaries of State (SoS) for the Home Department, of whom there have been six Labour, one coalition Conservative and three Conservatives in the past 20 years. 2. It considers the following topics: the structure of art.8 in immigration cases; how the SoS might theoretically limit its effect in tribunals and courts; the failed attempt to do so through the Immigration Rules; the slightly more successful attempt to do so through statute; the mixed response of the senior judiciary; and future prospects. -
(Elections and Reform) Bill [HL]
House of Lords (Elections and Reform) Bill [HL] CONTENTS Exclusion of remaining hereditary peers 1 Exclusion of remaining hereditary peers Composition of the House of Lords 2 Composition of the House of Lords Elections for members 3 Elections to the House of Lords 4 Voting system in Great Britain 5 Voting system in Northern Ireland 6 Vacant seats 7 Entitlement to stand in an election 8 Entitlement to vote in an election 9 Offences 10 Date of elections and terms of office Transitional members 11 Transitional members Other life peers and the Lords Spiritual 12 Other life peers and the Lords Spiritual General 13 Regulations 14 Interpretation 15 Extent, commencement and short title HL Bill 163 57/1 House of Lords (Elections and Reform) Bill [HL] 1 A BILL TO Make provision to establish elections for members to the House of Lords; to restrict the number of voting members in the House of Lords to 292; to exclude all remaining hereditary peers; and for connected purposes. E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:— Exclusion of remaining hereditary peers 1 Exclusion of remaining hereditary peers (1) The House of Lords Act 1999 is amended as follows. (2) Omit section 2, section 3(2) and paragraph 1 of Schedule 1. (3) At the end of section 3 (removal of disqualifications in relation to the House of 5 Commons) insert— “unless he or she is elected to the House of Lords by virtue of the House of Lords (Elections and Reform) Act 2019.” (4) Any writ of summons issued for the present Parliament in right of a hereditary peerage and pursuant to the House of Lords Act 1999 shall not have effect after 10 the coming into force of this section. -
1 UK BORDERS ACT 2007 1 the Act Received Royal Assent on 30 October 2007. the Following Are the Acts on the Subject of Immigrati
Briefing Paper 8.21 www.migrationwatchuk.org UK BORDERS ACT 2007 1 The Act received Royal Assent on 30 October 2007. The following are the Acts on the subject of immigration and asylum currently on the statute book: Immigration Act 1971 Immigration Act 1988 Asylum and Immigration Appeals Act 1993 Asylum and Immigration Act 1996 Special Immigration Appeals Commission Act 1997 Immigration and Asylum Act 1999 Nationality, Immigration and Asylum Act 2002 Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 Immigration, Asylum and Nationality Act 2006 UK Borders Act 2007 2 Each Act since 1971 has heavily amended earlier Acts and introduced substantial new provisions, with the result that legislation on these topics is diffuse and complex. There is a desperate need for a consolidation Act to tidy up the law, but there is no sign of that as yet. Anyone practising in the field must also take into account the Human Rights Act 1998, the Race Relations Act 1976 and the British Nationality Act 1981. 3 The title “UK Borders Act” marks a complete change from earlier nomenclature, but this is deceptive. The purpose described in its long title is “to make provision about immigration and asylum: and for connected purposes.” It contains an assortment of sections amending existing legislation and introducing new measures. Its main provisions are: (i) New powers of detention for immigration officers at ports. (ii) New powers enabling the Home Secretary to make regulations requiring persons subject to immigration control to apply for a document recording external physical characteristics - a “biometric immigration document”. (iii) New and drastic procedures for the deportation of foreign criminals, obviously prompted by revelations about the shortcomings of existing procedures which came to light during 2006. -
Well Managed Highway Liability Risk FOREWORD
theihe.org Well Managed Highway Liability Risk FOREWORD The Institute of Highway Engineers is delighted to have been invited to review and update the current guidance on Risk and Liability within the highways sector. Following on from the publication of the UKRLG document “Well Managed Highway Infrastructure” this guide seeks to provide further insight and advice on the risk and evidence- based approach to service delivery and the effective management of highway liability risk exposures. The guidance applies throughout all parts of the United Kingdom and particular attention has been given to ensure any specific arrangements within the devolved administrations has been identified. Tony Kirby, President IHE March 2017 Second edition UPDATED clauses 5.5.13 and 5.5.27 July 2019 The IHE The IHE provides professional leadership and support for highway engineers working to improve the transport environment. We set high standards of competence for CEng, IEng and EngTech and help you to achieve your ambitions. IHE Professional Certificates recognise specialists’ achievements and are proof of your competence. Member benefits include access to relevant technical information, support for your Professional Review and specialist and local networks. DISCLAIMER This publication provides general information and is not intended to be comprehensive or to provide any specific legal advice. Professional advice appropriate to the specific situation should always be sought. The Institute of Highway Engineers do not accept any responsibility for any loss occasioned to any person acting or refraining from acting on material contained in this summary. No part of this summary may be used, reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, reading or otherwise without the prior permission of the Institute of Highway Engineers. -
Sweet & Maxwell
SWEET & MAXWELL PROFESSIONAL CATALOGUE 2014 SWEET & MAXWELL REUTERS/Neil Hall REUTERS/Neil LEGAL SOLUTIONS FROM THOMSON REUTERS We deliver best-of-class legal solutions to help you practise LEGAL RESEARCH, NEWS AND BUSINESS INFORMATION the law, manage your organisation and help you and your Westlaw UK | Westlaw International business grow. LEGAL UPDATES & CURRENCY Lawtel Our solutions include Sweet & Maxwell commentary, Practical Law, Westlaw UK, Lawtel, and a series of software solutions LEGAL KNOW-HOW Practical Law including Serengeti, Solcara and Thomson Reuters Elite. FEDERATED SEARCH AND KNOWLEDGE MANAGEMENT Intelligently connect your work and your world with our Solcara content, expertise and technologies. TRAINING AND EDUCATION Legal Conferences and Webinars See a better way forward at thomsonreuters.com/ukirelandlegal IN-HOUSE LEGAL DEPARTMENT MANAGEMENT Serengeti LAW FIRM MANAGEMENT Thomson Reuters Elite LAW BOOKS Sweet & Maxwell BUSINESS DEVELOPMENT & MARKETING FindLaw WELCOME TO THE SWEET & MAXWELL 2014 PROFESSIONAL CATALOGUE Great content, delivered flexibly. It’s at the heart of what we do at Thomson Reuters. Our Sweet & Maxwell commentary titles, used by thousands of legal professionals every day, bring clarity to complex matters and give you the confidence to make the big decisions. This year’s catalogue is packed with the most authoritative legal voices, tackling the issues of today. Among the hundreds of specialist titles, you can look forward to new editions of: The White Book Archbold: Criminal Pleading, Evidence and Practice Sealy & Milman: Annotated Guide to the Insolvency Legislation The Mental Health Act Manual Clerk & Lindsell on Torts McGregor on Damages Benjamin’s Sale of Goods Hudson’s Building and Engineering Contracts View our complete catalogue at sweetandmaxwell.co.uk With our professional-grade eBook app, Thomson Reuters Proview™, you can experience these trusted practitioner texts in entirely new ways on the iPad, Mac, PC and in beta on Android tablets. -
Chapter 2 – Development of the House of Lords
Chapter 2 – Development of the House of Lords Historical background 2.1 With its origins in the medieval royal practice of summoning the great landowners (both lay and ecclesiastical) to offer counsel and provide resources, the House of Lords pre-dates the House of Commons by some centuries and it was long the pre-eminent House of Parliament.The House of Commons’ power over financial resources was evident as early as the 14th century, and it asserted its sole privilege in financial matters from the 17th century onwards.This change in the balance of power between the two Houses was given further impetus through the growing linkage between a Government’s perceived legitimacy and its popular support, as expressed through the ballot box.The significance of electoral support was underlined by the Reform Acts of 1832, 1867 and 1884 which together increased the size of the electorate by a factor of ten, to around 8 million.At the same time, the issue of Home Rule for Ireland led to a split in the Liberal Party, which gave the Unionists a permanent majority in the House of Lords. The contrast between a House of Commons which reflected changes in the political will of the electorate and a House of Lords under the permanent control of one of the major political parties inevitably led to conflict and to pressure for reform. Previous reforms 2.2 While motions proposing reform were debated from the mid-1880s onwards, the first major consideration of the issue was precipitated by the clashes between the Unionist-dominated Lords and the Liberal Government which came to office in 1905. -
Master Key to Good Governance
1 FIRST REPORT SECOND ADMISTRATIVE REFORMS COMMISSION SECOND ADMISTRATIVE REFORMS COMMISSION SECOND ADMISTRATIVE RIGHT TO INFORMATION Master Key to Good Governance Second Administrative Reforms Commission Government of India 2nd Floor, Vigyan Bhawan Annexe, Maulana Azad Road, New Delhi 110 011 e-mail : [email protected] website : http://arc.gov.in JUNE 2006 GOVERNMENT OF INDIA SECOND ADMINISTRATIVE REFORMS COMMISSION FIRST REPORT RIGHT TO INFORMATION MASTER KEY TO GOOD GOVERNANCE JUNE 2006 PREFACE The Second Administrative Reforms Commission has been constituted to prepare a detailed blueprint for revamping the public administration system. The Commission has been given wide terms of reference covering all aspects of public administration. The Commission in its first report decided to analyze and give recommendations on the freedom of information as the Right to Information Act has been enacted recently and is a paradigm shift in administration. The Right to Information Act is a path-breaking legislation which signals the march from darkness of secrecy to dawn of transparency. It lights up the mindset of public authorities, which is clouded by suspicion and secrecy. Openness in the exercise of public power – Executive, Legislative or Judiciary – is a culture, which needs to be nurtured, with privacy and confidentiality being an exception. The right to information will also be a powerful means for fighting corruption. The effective implementation of the Right to Information Act will create an environment of vigilance which will help promote functioning of a more participatory democracy. James Madison once said, “A people who mean to be their own governors must arm themselves with power that knowledge gives”. -
House of Lords Library Note: the Life Peerages Act 1958
The Life Peerages Act 1958 This year sees the 50th anniversary of the passing of the Life Peerages Act 1958 on 30 April. The Act for the first time enabled life peerages, with a seat and vote in the House of Lords, to be granted for other than judicial purposes, and to both men and women. This Library Note describes the historical background to the Act and looks at its passage through both Houses of Parliament. It also considers the discussions in relation to the inclusion of women life peers in the House of Lords. Glenn Dymond 21st April 2008 LLN 2008/011 House of Lords Library Notes are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of the Notes with the Members and their staff but cannot advise members of the general public. Any comments on Library Notes should be sent to the Head of Research Services, House of Lords Library, London SW1A 0PW or emailed to [email protected]. Table of Contents 1. Introduction ................................................................................................................... 1 2. Life peerages – an historical overview .......................................................................... 2 2.1 Hereditary nature of peerage................................................................................... 2 2.2 Women not summoned to Parliament ..................................................................... 2 2.3 Early life peerages.................................................................................................. -
12730 Analysis of Law in UK BRX:Layout 1
Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Prepared for the British Red Cross by The views expressed in the report are those of the authors and do not necessarily reflect the views of the British Red Cross. This report is part of a wider study on cross-border disaster assistance within the EU, carried out in conjunction with five other European National Societies, under the overall co-ordination of the International Federation of Red Cross and Red Crescent Societies. The wider project received funding from the European Commission, who bear no responsibility for the content or use of the information contained in this report. Front cover photograph © Layton Thompson/British Red Cross Flood relief measures in Oxford, 25 July 2007 Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Foreword The United Kingdom is in the fortunate position of Fisher (International Federation of Red Cross and Red being less susceptible to large-scale natural disasters Crescent Societies), Mr Tim Gordon (HMRC), Mr than many other countries. Even so, and as recent Gordon MacMillan (Hanover Associates UK), Mr Roy years have shown, our territory may still be subject to Wilshire (Chief Fire Officer, Hertfordshire County) such emergencies as flooding, and the effects of severe and Ms Moya Wood-Heath (British Red Cross). winter weather. We also wish to thank the authors of this report, The purpose of this study, commissioned by the British Justine Stefanelli and Sarah Williams of the British Red Cross, is to examine the extent to which the legal, Institute of International and Comparative Law, administrative and operational framework for disaster who were assisted by Katharine Everett, Frances response within the UK is able to facilitate potential McClenaghan, Hidenori Takai and Payam Yoseflavi. -
The House of Lords: Conventions and Brexit
REPORT The House of Lords: Conventions and Brexit By Richard Reid First published in Great Britain in 2017 by The Constitution Society Top Floor, 61 Petty France London, SW1H 9EU www.consoc.org.uk © The Constitution Society ISBN: 978-1-9998886-1-9 All rights reserved. Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and the publisher of this book. 2 The House of Lords: Conventions and Brexit Acknowledgements The author thanks the Constitution Society for commissioning the paper and its President, Sir Malcolm Jack, for his interest in the project. The author would also like to thank the ANU Centre for European Studies for the Europa Visiting Fellowship which supported this research, and Nicolas Besly for his comments on earlier drafts. All views expressed are those of the author alone. The House of Lords: Conventions and Brexit 3 Contents Acknowledgements 3 About the Author 5 Summary 6 PART 1 Paragraphs 1-9 Conventions PART 2 Paragraphs 10-16 The Salisbury-Addison Convention PART 3 Paragraphs 17-47 The House of Lords and Brexit PART 4 Paragraphs 48-59 Brexit: Possible Scenarios Conclusion Paragraphs 60-63 4 The House of Lords: Conventions and Brexit About the Author Richard Reid is Europa Visiting Fellow at the Australian National University Centre for European Studies, and completed his PhD on reform of the House of Lords in 2016.