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Photographs, Celebrities and Article 8: Is the UK adequately protecting privacy?

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The present discussion seeks to test the adequacy of the nature and level of protection afforded by the UK to the right to privacy under Article 8 of the European Convention on Human Rights (ECHR), particularly with respect to whether such protection is enough for celebrities seeking to prevent unwanted publication of their photographs. This adequacy shall be tested by assessing whether courts in the UK are developing and interpreting the law in a manner that is consistent with the principles espoused by the European Court of Human Rights (ECtHR) that are said to encapsulate the essence of Article 8. With the enactment of the Human Rights Act (HRA) 1998, courts must, inter alia, take into account the rulings of the ECtHR when interpreting the meaning and scope of rights, even though the “binding-ness” of the term “take into account” is debatable 1 . There will be additional inquiry into whether the ECtHR itself has in fact developed a sustainable approach t

How criminal law strategies have failed to control the abuses of child marriage in South Asia?

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Child marriages in South Asia remain a major concern well into the 21st century. The religious and social customs that broadly dictate the norm especially in rural areas are largely at odds with the constitutional restraints in these countries. In India alone the figures for child marriages are as high as 57%, exceeded by both Nepal and Bangladesh with 63% and 75% respectively. In Pakistan as well the figures are alarmingly high, to the point that most women are believed to be married under the age of 18, but statistics stand undependable. Nevertheless while UNICEF reports quote these high figures, the very definition of a ‘child’ remains contentious as does the struggle in these countries to retain intimate aspects of their private sphere from international impositions devoid of cultural sensitivity.  Nevertheless, given that the South Asian countries continue to battle with high birth rates and health issues, the issue of child marriages, personal or impersonal, has severe ramificati

What are the main sources of English law and how do they integrate?

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The English legal system represents an uncodified corpus of varying providence, one which spans several centuries of law. The various sources and their interactions are not clearly delineated as in civilian systems, but a piecemeal construct driven by pragmatism. This article will examine the four chief sources and their interactions with one-another of English law : Common law, Parliamentary Statute, Delegated Legislation and the Law of the EU (pre-Brexit). A brief consideration of a fifth source of law, statutorily incorporated law, will also be assessed, and contrasts drawn with the EU.  The common law, or case law, makes the greatest contribution to the English legal corpus, and is the first source assessed. The binding judicial decisions of several centuries of judges form a huge and comprehensive body of law, and as a result of judicial decision making finds its way into every application of law made. We can identify two historic movements of the common law. The first was its anc