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Osgoode Hall Law School of York University

All Papers

2010

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Full-Text Articles in Law

The Breakdown Of The Rule Of Law In Sri Lanka: An Overview, James Yap, Craig Scott Jan 2010

The Breakdown Of The Rule Of Law In Sri Lanka: An Overview, James Yap, Craig Scott

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This brief report, prepared for the Sri Lanka Campaign for Peace and Justice and dated September 22, 2010, analyzes the state and the underlying causes of the current breakdown of the rule of law in Sri Lanka. The information herein is drawn primarily, while not exclusively, from three sources: Basil Fernando, Sri Lanka: Impunity, Criminal Justice & Human Rights (Asian Human Rights Commission: Hong Kong, 2010); Justice in retreat: A report on the independence of the legal profession and the rule of law in Sri Lanka (International Bar Association Human Rights Institute [IBAHRI]: London May 2009); Kishali Pinto-Jayawardena, The Rule …


British Politics, The Welfare State, And Tort Liability Of Public Authorities, Dan Priel Jan 2010

British Politics, The Welfare State, And Tort Liability Of Public Authorities, Dan Priel

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There has been a notable shift in the scope of negligence liability of public authorities in the Post War period. Notably there was a trend toward restriction of liability in the 1980s. This essay tries to explain why this happened not by focusing on changing legal formulas but by examining the political context of the law in this area. I begin the essay by demonstrating how changes in the attitudes toward the role of the state have led to the changes in the law in this area. I then go on to examine the impact of Thatcher’s ascent to power. …