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You searched for subject:(inherent jurisdiction). Showing records 1 – 3 of 3 total matches.

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1. Kylasanatha Pillay,K P. Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973.

Degree: 1999, Cochin University of Science and Technology

This thesis is shows the result of the research work on the inherent Powers of the High Court in criminal jurisdiction. The criminal justice system in India recognizes inherent powers only of the High Court. The Theory and Philosophy of inherent powers are concerned the Distinction between civil and Criminal laws are of very little consequence. In formulating the research programme the confusion created by the concept of inherent powers and its application by High Court form the central point. How fully the concept is understood, how correctly the power is used, and how far it has enhanced the rationale of the administration of criminal justice, what is its importance and what are the solutions for the inherent power to earn a permanent status in the province of criminal jurisprudence are the themes of this study. The precipitation of new dimensions is the yardstick to acknowledge the inherent powers of the High Court and Supreme Court. It is of instant value in criminal justice system. This study concludes innovativeness provided by the inherent powers has helped the justice administration draw inspiration from the Constitution. A jurisprudence of inherent powers has developed with the weilding of inherent powers of the Supreme Court and the High Court. It is to unravel mystery of jurisprudence caused by the operation of the concept of inherent powers this research work gives emphasis. Its significance is all the more relevant when the power is exercised in the administration of criminal justice. Application or non application of inherent powers in a given case would tell upon the maturity and perfection of the standard of justice

Subjects/Keywords: Jurisdiction; Inherent Powers; Supreme Court; High Courts; Jurisprudence; Constitution

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

P, K. P. (1999). Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973. (Thesis). Cochin University of Science and Technology. Retrieved from http://dyuthi.cusat.ac.in/purl/1008

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

P, Kylasanatha Pillay,K. “Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973.” 1999. Thesis, Cochin University of Science and Technology. Accessed June 07, 2020. http://dyuthi.cusat.ac.in/purl/1008.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

P, Kylasanatha Pillay,K. “Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973.” 1999. Web. 07 Jun 2020.

Vancouver:

P KP. Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973. [Internet] [Thesis]. Cochin University of Science and Technology; 1999. [cited 2020 Jun 07]. Available from: http://dyuthi.cusat.ac.in/purl/1008.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

P KP. Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973. [Thesis]. Cochin University of Science and Technology; 1999. Available from: http://dyuthi.cusat.ac.in/purl/1008

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

2. Pritchard-Jones, Laura Gwynne. Making Health and Welfare Decisions in Old Age: Challenging the Adequacy of Mental Disability Law and Theory.

Degree: 2016, University of Manchester

Old age – and particularly the increasing numbers of older people globally and within the United Kingdom - is becoming a social and political phenomenon. Yet despite this, very little has been written on how the law – and especially mental disability law – intersects with old age. This is notwithstanding the fact that many older people may encounter conditions that impact their mental or cognitive abilities, and proportionally, may therefore be greatly affected by this area of law.By drawing on a number of theories – sometimes termed ‘relational’ theories – which are derived predominantly from feminist theory, this thesis seeks to explore the adequacy of mental disability law for safeguarding health and welfare-related decision-making of older adults in three areas; where an older person has been subjected to ageism, where they have been the victim of interpersonal abuse, and where they have dementia and may lack mental capacity. Within this broader goal, this thesis has two specific aims. First, to explicitly critique and challenge the adequacy of the law as it is applied in these circumstances. It is suggested in particular that a deeper analysis of the law in both its previous and current forms betrays the liberal and unduly individualistic roots of the legislative framework. These are roots that are predicated on non-interference, and an idealistic paradigm of the rational, autonomous, and healthy bodied individual. This – it is contended throughout – is an unsuitable philosophy to underpin the law, particularly where the law engages with older adults.Second, this thesis aims to navigate a more suitable pathway within the law as it currently exists. While operating as a tool to critique the legislative framework and its underpinning philosophy, it is argued that the theories drawn upon throughout the thesis also have the potential to highlight how the law could be implemented in such a way so as to emphasise the importance of the realities of the lived experiences of old age, and particularly the experience of ageism, abuse, and dementia. Crucially, it is also suggested that such theories can help the law pay greater attention to the complex web of relationships – both positive and negative; personal and societal – that an older person may find themselves embedded within, and that frequently take on an added significance in old age.

"This Man with Dementia" - 'Othering' the Person with Dementia in the Court of Protection. This is a journal paper that is part of the thesis that is currently in press with the Medical Law Review.

None

Advisors/Committee Members: GIORDANO, SIMONA S, Giordano, Simona, Keywood, Kirsty.

Subjects/Keywords: old age; mental disability law; autonomy; mental capacity; vulnerability; best interests; Mental Capacity Act 2005; inherent jurisdiction; ageism; elder abuse; dementia

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Pritchard-Jones, L. G. (2016). Making Health and Welfare Decisions in Old Age: Challenging the Adequacy of Mental Disability Law and Theory. (Doctoral Dissertation). University of Manchester. Retrieved from http://www.manchester.ac.uk/escholar/uk-ac-man-scw:303793

Chicago Manual of Style (16th Edition):

Pritchard-Jones, Laura Gwynne. “Making Health and Welfare Decisions in Old Age: Challenging the Adequacy of Mental Disability Law and Theory.” 2016. Doctoral Dissertation, University of Manchester. Accessed June 07, 2020. http://www.manchester.ac.uk/escholar/uk-ac-man-scw:303793.

MLA Handbook (7th Edition):

Pritchard-Jones, Laura Gwynne. “Making Health and Welfare Decisions in Old Age: Challenging the Adequacy of Mental Disability Law and Theory.” 2016. Web. 07 Jun 2020.

Vancouver:

Pritchard-Jones LG. Making Health and Welfare Decisions in Old Age: Challenging the Adequacy of Mental Disability Law and Theory. [Internet] [Doctoral dissertation]. University of Manchester; 2016. [cited 2020 Jun 07]. Available from: http://www.manchester.ac.uk/escholar/uk-ac-man-scw:303793.

Council of Science Editors:

Pritchard-Jones LG. Making Health and Welfare Decisions in Old Age: Challenging the Adequacy of Mental Disability Law and Theory. [Doctoral Dissertation]. University of Manchester; 2016. Available from: http://www.manchester.ac.uk/escholar/uk-ac-man-scw:303793


University of Melbourne

3. Delany, C. J. Security for costs and the courts inherent jurisdiction.

Degree: 1985, University of Melbourne

In order to ensure the process of litigation is conducted in a manner which is fair to all parties Australian Courts have inherent jurisdiction to make and enforce rules of practice. In the exercise of the inherent jurisdiction Courts have power to order a party to provide security for costs. This power is supplemented by specific provisions in the Supreme Federal and Country Court Rules and in the Companies Code. These provisions confirm the broad discretionary power to order security so as to prevent abuse of process. The Rules and Code do not fetter the discretion derived from the inherent jurisdiction but confirm the Court’s power to order security in any cause or matter where it is appropriate to do so. (From Introduction)

Subjects/Keywords: security for costs; costs (law); inherent jurisdiction; Australia

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Delany, C. J. (1985). Security for costs and the courts inherent jurisdiction. (Masters Thesis). University of Melbourne. Retrieved from http://hdl.handle.net/11343/36996

Chicago Manual of Style (16th Edition):

Delany, C J. “Security for costs and the courts inherent jurisdiction.” 1985. Masters Thesis, University of Melbourne. Accessed June 07, 2020. http://hdl.handle.net/11343/36996.

MLA Handbook (7th Edition):

Delany, C J. “Security for costs and the courts inherent jurisdiction.” 1985. Web. 07 Jun 2020.

Vancouver:

Delany CJ. Security for costs and the courts inherent jurisdiction. [Internet] [Masters thesis]. University of Melbourne; 1985. [cited 2020 Jun 07]. Available from: http://hdl.handle.net/11343/36996.

Council of Science Editors:

Delany CJ. Security for costs and the courts inherent jurisdiction. [Masters Thesis]. University of Melbourne; 1985. Available from: http://hdl.handle.net/11343/36996

.