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Chapter

This chapter begins with a discussion of the meaning of the rule of law, one of the fundamental doctrines or principles of the UK constitution. The concept is by no means straightforward, and opinions vary as to the principles or values which underpin the doctrine. The chapter distinguishes between formal and substantive meanings of the rule of law. It discusses principles encompassed by the rule of law. These include that laws should be prospective, laws should be open and clear, and that there should be natural justice, access to the courts, and equality before the law. The chapter concludes with an assessment of the contemporary significance of the rule of law.

Chapter

This chapter begins with a discussion of the meaning of the rule of law, one of the fundamental doctrines or principles of the UK constitution. The concept is by no means straightforward, and opinions vary as to the principles or values which underpin the doctrine. The chapter distinguishes between formal and substantive meanings of the rule of law. It discusses principles encompassed by the rule of law. These include that laws should be prospective, laws should be open and clear, and that there should be natural justice, access to the courts, and equality before the law. The chapter concludes with an assessment of the contemporary significance of the rule of law.

Chapter

This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It discusses the process by which Acts of Parliament come into existence; European Union legislation and the European Convention on Human Rights; criminal courts in which cases are heard and the systems of law reporting; how to find legislation and case law using various online resources; and how to find the criminal law of overseas jurisdictions.

Chapter

Sir William Wade and Christopher Forsyth

This introductory chapter begins with a discussion of the definition of administrative law. It then turns to the characteristics of the law, covering the legal systems of Britain and Continental Europe, EU law, European human rights, the development of administrative law in England, and the failure of administrative law to keep pace with the expanding powers of the state in the twentieth century.

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This chapter discusses the law on registered designs. It covers the requirements for the grant of a registered design; grounds for refusal of registration; ownership of a registered design; rights of the owner and infringement; grounds on which a design may be declared invalid; duration of the registered design right; spare parts; international commercial exploitation; and EU law on registered design.

Chapter

This chapter examines the specific functions and characteristics of constitutions in general terms—thinking of what the constitutions of Western democratic countries are typically like—rather than with particular reference to the UK, and then considers how the UK’s constitutional arrangements measure up. This is followed by three case studies that illustrate how the different topics considered in this book relate to one another, and which also provide an overview of the type—and importance—of the issues with which public law is concerned.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. . Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on the European Convention on Human Rights (ECHR), which the UK signed in 1950. The UK’s signing of the Convention entailed the country’s acceptance of the obligation to ‘secure for everyone within [its] jurisdiction the rights and freedoms in Section 1 of this Convention’. Provisions of the Convention, however, were not and are still not applied directly by the UK courts. The Convention remains part of international law, which is not directly enforceable in UK courts. The chapter establishes the reasons for enacting the Human Rights Act 1998 (HRA), which brought the essence of the rights and freedoms in the ECHR into UK law in specific ways. There is a section on the EU Charter of Fundamental Rights.

Chapter

Anthea Hucklesby and Azrini Wahidin

This introductory chapter first sets out the book's purpose, which is to explore the key issues relating to the criminal justice system in the early part of the twenty-first century. It aims to provide undergraduate students with an overview of the institutions and agencies of the criminal justice system and the issues that arise with the process by which individuals are convicted and punished for transgressing the criminal law. The chapter then discusses the UK criminal justice system; criminal justice in context; and the effectiveness the criminal justice system. An overview of the subsequent chapters is also presented.

Chapter

This chapter discusses the various sources of company law and corporate governance. The main sources of company law are legislation, case law, the constitution of the company, contract, EU law, and human rights law. Legislation is the principal form of UK company law, with the Companies Act 2006 being the most important piece of company law legislation. However, companies are, to a degree, permitted to create their own internal rules through their constitution. Companies can also create their own law by drafting their own standard terms for use in contracts. Meanwhile, corporate governance best practice recommendations are found in a series of reports and codes, with the two principal codes being the UK Corporate Governance Code and the UK Stewardship Code. Both codes operate on a comply-or-explain basis, under which certain persons must comply with the code or explain their reasons for non-compliance.

Chapter

2. Copyright I  

History, Justifications, Sources of Law, and Subsistence

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Copyright refers to a set of exclusive rights in relation to cultural works such as literature, newspapers, photographs, drawings, artworks, films, music, and plays, and also extends to less obviously aesthetic creations, such as computer programs and databases. This chapter discusses the history, justifications, and sources of UK copyright law as well as the requirements for copyright protection.

Chapter

This chapter discusses the application of competition law to mergers, focusing on the UK system. Where a relevant merger situation is created, the Competition and Markets Authority (CMA) has the power to review the merger. Unlike in the EU, notification is not compulsory. The CMA may clear the merger, clear it subject to conditions, or refer it for further consideration to an independent Inquiry Group made up of members of the CMA Panel. The Inquiry Group may clear the merger, clear it subject to conditions, or block it. The test of a merger’s acceptance is that of whether it substantially lessens competition. UK merger decisions may be appealed to the Competition Appeals Tribunal.

Chapter

This chapter begins by discussing the origins and meaning of the term ‘royal prerogative’. It identifies some examples of prerogative powers and considers how certain personal or reserve powers of the monarch might be exercised in practice. The chapter also explores the relationship between prerogative power and statutes, and focuses on how the courts have dealt with the prerogative. The chapter also discusses the adaptation of prerogative powers, the relationship between the prerogative and the courts, and the courts’ recent willingness to review the exercise of certain prerogative powers. The chapter concludes by looking at several ways in which the prerogative could be reformed.

Chapter

This chapter summarizes the discussion of the law on registered and unregistered designs. The Design Directive, as implemented in the revised version of the Registered Designs Act 1949, has put in place a modern system of registered design protection that does away with the aesthetical requirements of the old 1949 Act and only attempts to exclude technical matters that should, in principle, be dealt with by patent rather than design law. The continued enforcement of a domestic unregistered design right that was supposed to fit in seamlessly with a system of registered rights that no longer exists is no longer necessary. The overlap of protection creates confusion and an undue duplication of rights.

Chapter

This chapter discusses the law on patent infringement and revocation. The grounds on which a patent may be revoked are established by s. 72 of the UK Patents Act 1977. On the issue of infringement, s. 60 of the 1977 Act is the key provision and unusually makes separate, although not dissimilar, provisions for patents that are for products and those that are for processes. Interpretation of claims is a key aspect of any infringement case.

Chapter

This chapter examines the law on legal parenthood (including establishing paternity) and the allocation, acquisition, nature and scope of parental responsibility. The law has had to address a number of questions in light of medical advances and social change. Who is a child’s mother when a woman gives birth to a child conceived as a result of egg donation by another woman? How is the law on surrogacy to be regulated? Can a female-to-male transsexual person become a child’s father via assisted conception (or indeed a mother if he gives birth)? Is a mother’s same-sex partner to be recognised as her child’s parent too? If so, in what sense? As this last question suggests, the law’s response is also complicated by the fact that the notion of ‘being a parent’ has several different facets.

Chapter

This chapter is, for obvious reasons, not a modification of the chapter from the previous edition. It is a completely new chapter, which considers the effect of Brexit on the UK constitution. There is discussion of the constitutional implications of triggering exit from the EU, and whether this could be done by the executive via the prerogative, or whether this was conditional on prior legislative approval through a statute. The discussion thereafter considers the constitutional implications of Brexit in terms of supremacy, rights, executive accountability to the legislature and devolution. The chapter concludes with discussion as to the paradox of sovereignty in the context of Brexit.

Chapter

This chapter discusses the commercial exploitation of copyright, both in a domestic and in a European context. It covers the Crown copyright in the UK; commercial exploitation of copyright in the UK; and exploitation under European law, i.e. friction with the free movement of goods and competition law.

Chapter

This chapter provides a brief summary of the discussions on copyright. It covers the roots of copyright; the various types of work that attract copyright protection; and the duration of copyright protection.

Chapter

This chapter discusses the law on trade mark infringement and revocation. Section 10 of the Trade Marks Act 1994 establishes the basic criteria for an infringement action. If a mark is already on the Trade Marks Register, it is an infringement to use the same mark for the same goods or services. The grant of a trade mark lasts initially for 10 years from the date of its registration, and this may be renewed for a seemingly indefinite number of further periods of 10 years thereafter on payment of the appropriate fee. There are four grounds listed in s. 46(1) of the 1994 Act for revocation: (i) five years’ lack of genuine use of the mark in the UK without cause; (ii) a suspension for the same period (after initial use); (iii) the mark has become the common name for the product in question in the trade; and (iv) if the mark has been used in a misleading manner, especially as to the nature, quality, or origin of the goods or services in question.

Chapter

This chapter first discusses the two roots of copyright. On the one hand, copyright began as an exclusive right to make copies—that is, to reproduce the work of an author. This entrepreneurial side of copyright is linked in with the invention of the printing press, which made it much easier to copy a literary work and, for the first time, permitted the entrepreneur to make multiple identical copies. On the other hand, it became vital to protect the author now that his or her work could be copied much more easily and in much higher numbers. The chapter then outlines the key concepts on which copyright is based.