Essay Examples on Legislation

Legal aspects of questions asked during a job interview

Jоb interviews саn make even thе most prepared саndidаtеѕ unсоmfоrtаblе. But аlthоugh thе hiring mаnаgеr iѕ in the drivеr'ѕ seat there's a chance they'll make a wrоng turn аnd аѕk a ԛ uеѕtiоn thаt is оff limitѕ а question thаt уоu dоn't have tо аnѕwеr and sometimes dеfinitеlу shouldn't. Even trained hiring managers аnd rесruitеrѕ sometimes аѕk illegal quеѕtiоnѕ. Thе jоb intеrviеw iѕ a роwеrful fасtоr in thе еmрlоуее ѕеlесtiоn рrосеѕѕ. Yоu саn uѕе bеhаviоrаl bаѕеd job intеrviеw quеѕtiоnѕ tо hеlр уоu ѕеlесt ѕuреriоr candidates. Intеrviеw questions can hеlр уоu idеntifу whether thе candidate hаѕ the bеhаviоrѕ skills аnd еxреriеnсе nееdеd for thе jоb уоu are filling. Whеn уоu'rе рrераring tо intеrviеw a jоb саndidаtе you рrоbаblу hаvе a list оf questions уоu wаnt tо аѕk that реrѕоn. But it s еԛuаllу imроrtаnt tо knоw whаt ԛuеѕtiоnѕ you shouldn't bе аѕking a роtеntiаl employee in оrdеr to аvоid lеgаl trоublе. Aссоrding tо a study bу CаrееrBuildеr 20 percent оf hiring managers hаvе asked a question in a job intеrviеw оnlу to find оut later thаt it wаѕ illеgаl tо ask. For thе protection of bоth thе interviewer аnd intеrviеwее еmрlоуеrѕ need tо undеrѕtаnd whаt thеу dо аnd dоn't hаvе a legal right tо quеѕtiоn job candidates аbоut Illеgаl interview questions while nоt illegal in thе ѕtriсtеѕt ѕеnѕе оf the word have ѕо much роtеntiаl to mаkе your company liаblе in a discrimination lаwѕuit that they might аѕ wеll bе illеgаl. Thоugh thеir intеntiоnѕ mау bе harmless hiring mаnаgеrѕ could unknоwinglу bе рutting thеmѕеlvеѕ аt risk fоr lеgаl асtiоn as a jоb саndidаtе could аrguе thаt сеrtаin ԛuеѕtiоnѕ wеrе uѕеd to discriminate аgаinѕt him оr her.

3 pages | 832 words

Usul al-fiqh has existed by virtue of necessity for as long as fiqh has

Arguably usul al-fiqh has existed by virtue of necessity for as long as fiqh has. There can be no fiqh in the absence of its related sources and derivational methodologies. The relationship between these distinct disciplines is comparable to that of grammar and language with usul setting out standard criteria for the correct deduction of rules of fiqh from its sources. Thus both disciplines have accompanied one another by necessity from the outset Kamali 1991. However, the codification of fiqh preceded that of usul. In the early Islamic era, there was not an impetus to codify usul al-fiqh. Whilst the Prophet may Allah's peace and blessings be upon him was alive he provided guidance and solutions to problems through divine revelation and direct rulings. Following his death when novel situations presented themselves the companions performed ijtihaad with reference to the divine sources without a pressing need to explicitly detail their methodology. Their authoritativeness in this respect can be attributed to their exalted position as the direct recipients of prophetic teachings which cultivated within them a unique intimacy to the sources and intrinsic mastery of derivation. Their successors. Tabi un was able to similarly carry out ijtihaad without prompting a need to explicate their methodology Nadwi 1999. During and following the latter period of this generation however, the expansion of the territorial domain of Islam gave rise to new challenges. The mixing of Arabs and non-Arabs diluted the Arabic language new realities requiring the exercise of ijtihaad increased and there was the emergence of increasing variance and disputation in juristic thought. The divergent legal opinions could be traced geographically as a result of the scattered dissemination of Ahadith and legal judgments of the companions.

2 pages | 562 words

The Rule of Law is the absolute Doctrine of Justice in the UK's Constitution.

The rule of law is the absolute doctrine of justice which encapsulates the UK's uncodified constitution. It limits the powers of the government and of the Crown in order to ensure that the nation's rights and liberties are respected therefore avoiding an arbitrary form of government in the country. The UK's constitution is set in such a manner that it requires institutions, government officials and courts to abide by the general rule of law in everything they do and every decision they make. The eminent British constitutional law theorist Sir Albert Venn Dicey was the first to discuss the concept of the rule of law, its importance and its meaning in the context of the British government. In his book Introduction to the Study of Law of the Constitution, he set three fundamental principles on the rule of law. These are a man can only be punished if found guilty, of a breach of law at a trial, before an ordinary court of the land nobody is above the law, as he states every official from the Prime Minister down to a constable or collector of taxes is under the same responsibility for every act done without legal justification, as any other citizen and the constitution is the product of the ordinary law of the land.

2 pages | 432 words

Discuss how the European Union, EU law is enforced with a focus on the UK Key enforcement mechanisms.

This essay will discuss how the European Union, EU law is enforced with a focus on the UK Key enforcement mechanisms that are used by the EU will be discussed such as supremacy. Finally, potential deals that the UK could do post-Brexit, such as Norway will be discussed. One key mechanism is supremacy. Supremacy was discussed in Van Gend en Loos. The court stated that the Community constitutes a new legal order in international law for whose benefit the States have limited their sovereign rights, albeit within limited fields. However, Costa v ENEL held that where national law is found to be incompatible with EU law, then EU law shall prevail. This was seen in the UK in Macarthys v Smith in which Lord Denning stated the treaty takes priority over anything in our English statute whenever there is any inconsistency. Community law has priority. Thus backing up Costa in that EU law is supreme over UK law. Another mechanism is direct effect Eur lex states that the principle of direct effect enables individuals to immediately invoke a European provision before a national or European court. Eur lex goes on to state that the direct effect principle, therefore, ensures the application and effectiveness of European law in EU countries.

2 pages | 418 words

Mandatory Mareva, Anton Pillar, Orders Bayer Injunctions and Campus Oil principles.

Mandatory Mareva, Anton Pillar, Orders Bayer Injunctions. The last area to be discussed where refinements and variations to the Campus Oil tests have evolved to minimize the risk of injustice in special cases are those of i mandatory injunctions, ii Mareva injunctions and iii Anton Pillar orders. As detailed previously in Bula Ltd O Murchú Shelbourne Holdings and Okunade the courts will adopt a stricter test for mandatory injunctions at an interlocutory stage. Similarly, with Quia Timet injunctions, the test is also strict In Szabo Geoghan J specifically doubted the appropriateness of the Campus Oil guidelines given that he found it distasteful to engage in a balancing exercise, between carrying on business and health. He doubted whether a proven substantial risk of damage could occur before the hearing and so the application was refused.

1 pages | 268 words