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What is a trust and how does it work?
February 22, 2018
‘Judges may use the new context of the Human Rights Act 1998 to develop their own common law principles concerning human rights.’ Discuss and specify: a) What is meant by the new context of the Human Rights Act 1998? b) Why and how judges may develop the common law in the context of breach of confidence and the Human Rights Act 1998. Illustrate your answers by reference to cases decided after the Act came into force.
‘There is almost universal agreement that the EU suffers from a democratic deficit. Yet, beyond that, regarding the nature of the deficit, or the steps that might be taken to remedy it, the consensus ends.’ (Sionaidh Douglas-Scott, Constitutional Law of the European Union p129) Critically evaluate the above statement in the context of EC law making, paying particular attention to past and potential reforms of the EC Treaty.