What are the Bozson and Salaman tests in law?

[March 7, 2017] No it has nothing to do with a salamander! The question is a simple one. The Bozson and Salaman Tests are straightforward. They refer to the two sides of the same coin. They concern two cases: Bozson v Altrincham Urban District Council [1903] 1 KB 547  and  Abd Salaman v Warner [1891] 1 QB 734. These two tests differentiate between a 'final order' and an 'interlocutory order'. Where a case has started, it may proceed ...

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Do you have a constitutional right to travel?

We have all heard that there is a right to freedom of speech, the right to peaceful assembly, and the right to form associations: Article 10, Federal Constitution. Do you have a right to travel?  Is it guaranteed in the Constitution? Article 9 of the Constitution states that ‘… every citizen has a right to move freely throughout the Federation and to reside in any part thereof.’ So there it is: you can move ...

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The difference between a power and a right

A right is inherent. It does not have to be written down anywhere. For example, the right to life, the right to religious freedom, the right to speak freely, or the right to associate with anyone one chooses. Some writers refer to rights enshrined in the Constitution. These inalienable rights above are different, and far superior to constitutional rights. A power has its genesis either in constitutional law, common law or ...

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Can Senators be fired?

Can Senators be fired? The answer is Yes, and, No. The ‘No’ comes from those who say that the security of tenure of a Senator is unimpeachable. They point to Article 45 (3) of the Federal Constitution, which states that: - ‘… the term of office of a member of the Senate shall be three years and shall not be affected by a dissolution of Parliament.’ A Senator may be appointed twice, making ...

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Can a court grant a gag order?

When former prime minister Najib Razak was charged in court two days ago, the High Court, in the exercise of its criminal jurisdiction and powers, granted an interim gag order. Najib’s lawyer argued that Najib should not be ‘tried by the media.’  The order sought to stop public discussions over the charges pending against Najib. The court said it would hear full arguments on the gag orders later.  It nonetheless granted ...

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Can mass civil disobedience unseat a tyrannical government?

Whether mass civil disobedience can unravel a tyrannical government  is a difficult question to answer.  History reveals movements that have succeeded gloriously, or have failed miserably. A tyrannical government would be unfazed by any kind of disobedience. That is one aspect Much also depends on the location of the movement: what works in New York, London or Holland may not work in the Middle East, or some parts of Asia.  That depends ...

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Do lawyers obey the law?

Do lawyers obey the law? They must. You cannot argue in court about the rightness of a legal principle, unless you are prepared to acknowledge its rightness. And obey it. But as there are bad doctors and bad engineers, some bad lawyers, and some bad judges (one hopes a small number) twist the law beyond recognition. That is ethically wrong. For it shows an intent to disobey the spirit of the law.  Such lawyers ...

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What is the difference between ‘evidential burden of proof’ and ‘legal burden of proof’?

Najib Razak has been charged.  What will the prosecution have to do to succeed?  What will the Defence counsel do to break the prosecution case? One of things both sides will be doing is to look at the legal burden of proof and evidential burden of proof.  What is that? An example will do to assist in understanding this concept. Suppose someone has been murdered. A person (A) has been charged. The question is: ...

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