This is the complete a - z note on the jurisprudence topic, you just have to go through it once and you can easily attempt the question and get A ++ grade in finals
this is a marked answer by a senior professor you just need to read it and you can even write the same just need to change it a bi...
(2) In this case the appellants (Ziegler and other )were the demonstrator, as they were against
the arms fair which was held at the excel center in east London ,on the 5 th September, 2017 ,
the Biennial Defence and security international(DESI) , as they are w=were strngky against this
arm trade , so they took an action . the appellants attached themselves to two lock boxexs with
pips striking out from it from both sides , each of them inserted one arm into the pipe to lock
themselves to the bar which is in the middle of the one of the box in this manner they occupied
more area on the road and the main intention behaid it was to disrupt the deliveries to the
excel center and and to draw people’s intention away from what was occuering in the
fair,However police approached the applealents immediately and went through there ‘5 stage
process’ inorder to remove them from the one side of dual carriageway road which lead towars
the Excel center ,However after 90 miniutes of trying , they arrested the appellants , and they
were charged under Section 137 of highway Act 1980 the wilfuil obstruction of highway .
On feburaray ,2018 the district judge Hamilton at the Stratford Magistrate cout dismied there
charge by considering the appellants rights under the Article 10 ,freedom of expression and
article 11 freedom of peaceful assembly under European Convention ECHR, the prosecution
was unable to prove that , defendents limited target and peaceful action of obstructyion or
road can be considered as unreasonable, on 29 november , 2019 the respondent apeealed to
divisional court and on 22nd January 2018 ,allowed the appeal and on feberrary 21st the
appellants were sentenced to conditional charge for 12 months , later on the divisional court
dismissed the demonstrator’s request to appeal by giving two points of public importance , on
the 3rd December,2019 Lord kerr , Lord Hodge and Lady Arden who were at the panel of
supreme court grated the permission to appeal,
moreover the point of contention will be considered that while making this appeal as it’s clear
that they did breach the S137 when they obstruct the highway but the question is ,does they
have lawful excuse for doing this , and the senior court will apply which test inorder to access
this judgment of trial court when convention rights are involve in a criminal matter , and second
question will be that whether the availability of the lawful excuse is possible or not in cases
where s 137 is beach by the appellants and there act has caused inconvenience on the highway
and under the case Naggy v Weston , lawfully excuse encompasses ‘reasonableness’ ,
And lord sales , partlyaggreed with the divisional court on the point that they allowed the
appeal ,but he doesnot agree with their decision of considering police action
proportionate ,and activating the charges against the protestor , in addition to this lord Stated
that , theres aot of fact resecrech that need to be done in this case and as full evidence is just
, heard by district judge only , and the diviosnal court should just leave the matter to magistrate
court to conduct futher examination of the facts.
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We will access the case in the light of natural law,the concept of natural law is basically
explanation of our moral grasps regarding whats good, the natural law can be considered as
the practical reason which is,a regulation of practical reason of a man for establishing relevant
criteria inorder to guide human action towards whats good .therefore we can say that the basic
concept of natural law is the idea that ethics must be considered a a rational matter , as its
rooted in our practical dimension of our reason.
The greeks have develoed the concepts regarding how human being behave and how world
works from the time before Jesus was born. Aristotle was an Athenian philosopher, he did not
teach that rleigiom or greek Gods controlled the world and people living in it , instead he
observed and concuded that everything is driven by natural law and , and natural laws are the
key way to explain the world around us and place of human in it , He wrote about almost
everthing politics, ethics ,science ,Plato also belive in justices and he steated that it has a
intrinsic relation with law xz
St.Thomas Aquinas reconciled the political philosophy of Aristotle with chirstain faith, while
following Aristotle’s work he emphized that the rulers must work for the ‘’common good’’ of
all,unlike aristotels belive acquinaas belives that,God has created nature and rules the whole
world by ‘’Divine Reason’’, In addition to this Acquinas has described four kinds of laws Divine
law as disscuseed above which guides individuals for beyond the world to achieve
‘enternalhappiness’ which is according to ST. Augustine had called ‘city of God’. Eternal law ,it
determines how things like amnimals plants behaved and how human should behave.
He wrote morst extensively about natural law , he states that , "the light of reason is placed
by nature [and thus by God] in every man to guide him in his acts." ,Therefore amoung all
the Gods creatures, only human beings use reason inorder to lead their lives, this is natural
law, the basic principle of his theory is ‘good is to be done and evil is to be avoided’ as it can be
seen in the case that courts did take into account the common good and gave jedgemnet in
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