R. (Martin) v Mahony: the History of a Classical Certiorari Authority

R. (Martin) v Mahony, a decision of the Irish High Court of 1910, continues to be acknowledged by modern textbook writers as a leading authority for the classical rule that certiorari could not correct error of law. This rule, which considerably reduced judicial superintendence of magistrates' courts, had been established by the English court of Queen's Bench in the 1840s. However, the rule was repudiated by the Exchequer Division in Ireland in the late 1880s, which developed a novel, liberal theory of certiorari. This doctrinal innovation, which was used in overturning convictions under the anti-boycotting statute, the Criminal Law and Procedure Act 1887, appalled sections of Lord Salisbury's government, was disapproved of by the English courts, and split the Irish judiciary. The division caused by the doctrine persisted until 1910 when the Irish High Court, having assembled in banc in Martin's Case in order to resolve the impasse, re-established orthodox English doctrine.     

Controlling Jury Composition in Nineteenth-Century Ireland

Difficulties in securing convictions in nineteenth-century Ireland led the authorities to resort to various methods of ensuring that petty juries delivered guilty verdicts in cases where this was clearly warranted by the evidence. This article examines some of the ‘stratagems’ put forward by David Johnson and suggests a number of other practices which were used, arguing that many of these mechanisms centred around controlling the composition of trial juries. Examples included altering the property qualifications for jurors, the system of asking jurors to ‘stand by’, and the use of fines to compel attendance. While some of these were the legitimate exercise of established procedures, it will be seen that the Crown on occasion abused or over-used its powers.     

A human rights-based practice framework for sexual offenders

Abstract

Human rights create a protective zone around people and allow them the opportunity to further their own valued personal projects without interference from others. In our view, the emphasis on community rights and protection may, paradoxically, reduce the effectiveness of sex offender rehabilitation by ignoring or failing to ensure that offenders’ core human interests are met. In this paper we consider how rights-based values and ideas can be integrated into therapeutic work with sex offenders in a way that safeguards the interests of offenders and the community. To this end we develop a rights-based normative framework (the Offender Practice Framework: OPF) that is orientated around the three strands of justice and accountability, offender needs and risk, and the utilization of empirically supported interventions and strength-based approaches. We examine the utility of this framework for the different phases of sex offender practice.     

Towards an internal health market with the European court

This article examines the process through which a European healthcare dimension has been established and which has gradually extended the rights of European patients to cross-border healthcare. The integrative course has been charted by the legal activism of the European Court of Justice, whereas political voice has largely been absent. Judicial activism alone has applied the principle of the free movement of services to the policy field of healthcare, and thereby further energised the process. The political impact of this specific process of integration through law is, however, clear. The dynamic evolution of Community law has increasingly challenged the national instrument to retain health supply within own borders. Furthermore, the position of the European patient has been empowered by new individual rights, emanating from a supranational locus of rights against which the discretion exerted by national authorities can be challenged. Through the indeterminacy of European rules, open to continuous contestation and clarification, healthcare institutionalisation has proceeded and the European Union has extended into the core of the welfare state.     

The effects of the transfer of American educational technology on business students and a comparison with practicing managers in Lesotho,Africa, in relation to those in the United States

This research involved a comparative study of managers and advanced business students in the United States and in Lesotho, Africa. The objective was to identify the managerial beliefs of students in comparison to those of practicing managers both within and without their respective countries. This study found that Lesotho students, after having been exposed to American business school techniques, moderated their thinking processes to be more consistent with both U.S. managers and students than the practices of local managers practicing in their own country.     

Herzmuschelfischerei im Lichte des Art. 6 FFH-Richtlinie

Mit seinem Urteil vom 7. 9. 2004 trägt der EuGH zur Schärfung des Profils der für den Schutz von Natura-2000-Gebieten maßgeblichen Bestimmung des Art. 6 FFH-RL bei. Der Beitrag behandelt die wesentlichen Aspekte der Entscheidung und zeigt die sich hiermit verbindenden rechtlichen Konsequenzen auf.     

The application of miniplex primer sets in the analysis of degraded DNA from human skeletal remains

A new set of multiplexed PCR primers has been applied to the analysis of human skeletal remains to determine their efficacy in analyzing degraded DNA. These primer sets, known as Miniplexes, produce shorter amplicons (50-280 base pairs (bp)) than standard short tandem repeat (STR) kits, but still utilize the 13 CODIS STR loci, providing results that are searchable on national DNA databases. In this study, a set of 31 different human remains were exposed to a variety of environmental conditions, extracted, and amplified with commercial and Miniplex DNA typing kits. The amplification efficiency of the Miniplex sets was then compared with the Promega PowerPlex 16 system. Sixty-four percent of the samples generated full profiles when amplified with the Miniplexes, while only 16% of the samples generated full profiles with the Powerplex 16 kit. Complete profiles were obtained for 11 of the 12 Miniplex loci with amplicon sizes less than 200 bp. These data suggest smaller PCR amplicons may provide a useful alternative to mitochondrial DNA for anthropological and forensic analysis of degraded DNA from human skeletal remains.     

Neuere Rechtsprechung zum Schächten aufgrund § 4a TierSchG

Das betäubungslose Schlachten warmblütiger Tiere durch Blutentzug, das sog. Schächten, sorgt seit den Entscheidungen des Bundesverfassungsgerichts im Jahr 2002 für erhebliches Aufsehen. Im Widerstreit zwischen Religionsfreiheit und Tierschutz hatte das Gericht der bis dahin eher restriktiven Genehmigungspraxis aufgrund von § 4a TierSchG eine Absage erteilt. Daraufhin gab der Gesetzgeber dem Tierschutz in Art. 20a GG n.F. Verfassungsrang. Seither müssen die unteren Verwaltungsbehörden besonders schwierige Einzelfallentscheidungen unter Berücksichtigung der verfassungsrechtlichen Wertentscheidungen treffen. Der folgende Beitrag erläutert die aufgetretenen Probleme und die Lösungsansätze der neueren Rechtsprechung. 1) Der Beitrag gibt die private Meinung des Verfassers wieder.