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OFSTED V AL-HIJRAH, THE CASE OF SEGREGATED SCHOOLS AND SEX DISCRIMINATION Ofsted诉al-hijrah,种族隔离学校和性别歧视案
Pub Date : 2018-12-06 DOI: 10.5750/DLJ.V30I1.1656
Rajnaara C. Akhtar
This case of HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School was the unfortunate outcome of an Office for Standards in Education, Children’s Services and Skills (Ofsted) inspection which resulted in a cataclysmic breakdown in trust between the government agency and the Birmingham city based Al-Hijrah school. Following an Ofsted inspection carried out under section 5 of the Education Act 2005, the subsequent Report stated that the full segregation of female and male pupils in a mixed-sex school amounted to sex discrimination under the Equality Act 2010. Al-Hijrah School applied to the High Court for a judicial review of the report prior to its official publication. The High Court Justice considered a range of evidences including facts related to Ofsted procedure, and ruled that the segregation did not amount to a breach of the 2010 Act, as when taken as a group, the treatment of the boys and the girls was the same and so there was an absence of “less favourable treatment”.  
英国教育部教育、儿童服务和技能总督察诉Al-Hijrah学校临时执行委员会案是教育、儿童服务和技能标准办公室(Ofsted)检查的不幸结果,该检查导致政府机构与伯明翰市Al-Hijrah学校之间的信任发生了灾难性的破裂。教育标准局根据《2005年教育法》第5条进行检查后,随后的报告指出,根据《2010年平等法》,男女学生在男女混合学校完全隔离构成性别歧视。Al-Hijrah学校在该报告正式出版之前向高等法院申请对其进行司法审查。高等法院法官考虑了一系列证据,包括与教育标准局程序有关的事实,并裁定隔离不构成违反2010年法案,因为当作为一个群体时,男孩和女孩的待遇是一样的,因此不存在“不太有利的待遇”。
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引用次数: 0
COMMUNITY PROPERTY CLAIMS IN THE PERSONHOOD PERSPECTIVE: PART 2 人格视角下的夫妻共同财产请求权:第二部分
Pub Date : 2018-12-06 DOI: 10.5750/DLJ.V30I1.1218
Natalie Pratt
As submitted with part I
与第一部分一起提交
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引用次数: 0
CORRUPTION AND MISUSE OF PUBLIC OFFICE 贪污和滥用公职
Pub Date : 2018-12-06 DOI: 10.5750/DLJ.V30I1.1654
P. Slinn
CORRUPTION AND MISUSE OF PUBLIC OFFICEColin Nicholls QC, Tim Daniel, Alan Bacarese, James Maton and Professor John Hatchard, (3rd edn, OUP 2017) lxxviii and 934.
《腐败与公职滥用》colin Nicholls QC, Tim Daniel, Alan Bacarese, James Maton和John Hatchard教授,(第三版,OUP 2017) lxxviii和934。
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引用次数: 0
THE PENALTY RULE: A MODERN INTERPRETATION 判罚规则:现代诠释
Pub Date : 2017-08-18 DOI: 10.5750/dlj.v29i1.1257
K. K. Leung
This paper focuses on the common law doctrine of the penalty rule and the recent Supreme Court decision in Cavendish Square Holding v Makdessi and ParkingEye v Beavis . The state of the penalty rule prior to the judgment was unsatisfactory and criticized by both commentators and practitioners alike. Its indiscriminate application and unclear criteria was a needless source of uncertainty for both contracting parties and lawyers. Nevertheless, their Lordships in Cavendish refused to abolish the penalty rule but acknowledged its limited application in the modern commercial context. This paper accordingly aims to justify the continued existence of the doctrine on theoretical grounds within the English private law framework despite its practical obsolescence.
本文主要关注普通法中刑罚规则的原则以及最近最高法院对卡文迪什广场控股诉马克德西案和帕克眼诉比维斯案的判决。在判决之前,处罚规则的状态令人不满意,并受到评论员和从业者的批评。它不分青红皂白的适用和不明确的标准对缔约双方和律师来说都是不必要的不确定因素。然而,卡文迪什法官拒绝废除刑罚规则,但承认其在现代商业环境中的应用有限。因此,本文旨在从理论上证明该原则在英国私法框架内的继续存在,尽管它在实践中已经过时。
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引用次数: 1
‘HOW WELL ARE WE DOING?’ THE UNITED KINGDOM AND ITS IMPLEMENTATION OF THE OECD ANTI-BRIBERY CONVENTION “我们做得怎么样?”英国及其对经合组织反贿赂公约的执行情况
Pub Date : 2017-08-18 DOI: 10.5750/DLJ.V29I1.1420
J. Hatchard
The Organisation for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the OECD Convention) entered into force on 15 February 1999. As at 31 May 2017, there were 41 State Parties (the Parties) comprising the thirty-five OECD member countries and six non-member countries. The United Kingdom (UK) ratified the Convention in 1998. The OECD Convention is supplemented by the Revised Recommendations of the Council of the OECD on Combating Bribery in International Business Transactions (the 2009 Recommendations), Annex I of which contains “Good Practice Guidance on Implementing Specific Articles of the Convention.” In March 2017, the OECD Working Group on Bribery in International Business Transactions (the WGB) published its Phase 4 Report on the United Kingdom’s implementation of the OECD Convention (Phase 4 Report). Having provided a short background section on the scope of the OECD Convention and the role of the WGB, the following section will review some of the key recommendations contained in the Phase 4 Report. In the final section, an assessment is made as to how well the UK is doing with regard to the implementation of its OECD Convention obligations.
《经济合作与发展组织(经合发组织)关于打击在国际商业交易中贿赂外国公职人员的公约》(《经合发组织公约》)于1999年2月15日生效。截至2017年5月31日,共有41个缔约国(缔约方),包括35个经合组织成员国和6个非成员国。联合王国于1998年批准了该公约。《经济合作与发展组织公约》由《经济合作与发展组织理事会关于打击国际商业交易中的贿赂行为的修订建议》(2009年《建议》)补充,其附件一载有“实施《公约》具体条款的良好做法指南”。2017年3月,经合组织国际商业交易贿赂问题工作组(WGB)发布了关于英国执行《经合组织公约》的第四阶段报告(第四阶段报告)。在简要介绍了《经合组织公约》的范围和工作组的作用之后,下一节将审查第四阶段报告中所载的一些关键建议。在最后一节中,对英国在履行其经合组织公约义务方面的表现进行了评估。
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引用次数: 0
PARLIAMENTARY PRIVILEGE IN R V WHITE (LORD HANNINGFIELD) 2016 ALL EQUAL BEFORE THE LAW 议会特权案r v white (lord hanningfield) 2016法律面前人人平等
Pub Date : 2017-08-18 DOI: 10.5750/DLJ.V29I1.1406
M. Thomson
Enshrined within the Bill of Rights of 1689, parliamentary privilege continues to act as a guarantor of democracy and parliamentary supremacy, by providing a shield from unwarranted interference from the executive, the courts and others. Central to the constitutional arrangement of the United Kingdom, the functions and works of Parliament is of paramount importance. Parliamentarians, including Members of the House of Commons and the House of Lords, when conducting public duties must be safeguarded to ensure the discharge of such parliamentary business is conducted to the highest possible standard without fear or favour but with professional integrity.
在1689年的《权利法案》中,议会特权继续作为民主和议会至高无上的保障,为行政部门、法院和其他机构的无理干涉提供了保护。在联合王国的宪制安排中,议会的职能和工作至关重要。议员,包括下议院和上议院的议员,在执行公共职务时必须受到保护,以确保以尽可能高的标准履行议会事务,不受恐惧或偏袒,但具有职业操守。
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引用次数: 0
Reasonable Reactions to the Wrongness of Rape 对强奸错误的合理反应
Pub Date : 2017-08-18 DOI: 10.2139/SSRN.2727709
John Gardner
The short paper is a reply to bob Watt, who takes issue in an interesting way with the moral psychology implicit in my old paper 'The Wrongness of Rape' (co-authored with Stephen Shute). Watt says that Shute and I make a sideshow of the emotions by holding them answerable to reasons. I show that this charge is false. I show that it is actually Watt who makes a sideshow of the emotions by presenting them as unresponsive to reasons. I also respond to Watt's criticism of the concrete proposal that Shute and I make, namely that rape is sheer use of a person.
这篇短文是对鲍勃瓦特(bob Watt)的回复,瓦特以一种有趣的方式对我以前的论文《强奸的错误》(与斯蒂芬舒特(Stephen Shute)合著)中隐含的道德心理学提出了质疑。瓦特说,舒特和我通过让情感对理性负责,把情感变成了杂耍。我证明这个指控是错误的。我认为,实际上是瓦特把情感变成了杂耍,把它们表现为对理性没有反应。我也回应瓦特对我和舒特提出的具体建议的批评,即强奸纯粹是对一个人的利用。
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引用次数: 2
BECAUSE OF SEX and A LAW OF HER OWN 因为性和她自己的法则
Pub Date : 2017-08-18 DOI: 10.5750/DLJ.V29I1.1425
J. Scutt
Though published more than ten years apart, it is timely to review these volumes together. Both books adopt an historical perspective on women under men ’ s laws, with a strong message for the contemporary world. Because of Sex traces developments constituting, and bringing about, advances in how the law addresses women ’ s work and roles, and consequent change in society. A Law of Her Own proposes how the law should adopt a revised approach, substituting the ‘reasonable woman’ standard for the existing - generally ubiquitous – ‘reasonable man’ or ‘reasonable person’ standard – which Because of Sex indicates has at least to some degree, in some instances, occurred.
虽然出版时间相隔十多年,但将这些卷合在一起回顾是及时的。这两本书都从历史的角度看待男性法律下的女性,对当代世界有着强烈的启示。《因为性》追溯了法律如何处理妇女的工作和角色以及随之而来的社会变革方面的发展,这些发展构成并带来了进步。《她自己的法律》提出了法律应该如何采用一种修订的方法,用“理性女人”的标准取代现有的——普遍存在的——“理性男人”或“理性人”的标准——《因为性》表明,在某些情况下,至少在某种程度上已经发生了。
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引用次数: 0
CURRENT ISSUES IN SUCCESSION LAW 继承法中的当前问题
Pub Date : 2017-08-18 DOI: 10.5750/DLJ.V29I1.1424
Judith Bray
As the editors observe at the start of this book, the law on succession is a “neglected field” in England whilst Continental and comparative lawyers have rediscovered it to be of immense practical importance which deserves greater academic attention. The rules of succession are of great significance to all; as pointed out by Penelope Reed in Chapter Seven there is no shortage of probate disputes that end up in the Chancery Division as a result of “… an ageing population, the increase in the incidence of dementia and the rise of house prices making estates worth fighting over…” Since death is inevitable and everyone will die either testate, having made a valid will or intestate, without a valid will the law of succession affects us all. In order to address this gap in the law a conference took place in July 2015 at All Souls College Oxford attended by Chancery Judges, a member of the Court of Appeal as well as a number of leading academics and practitioners. This book comprises eleven of the conference papers. The result is an excellent book both as a reference work for students and practitioners and also of interest to the wider public who may be drawn in by the subject matter and possibly the picture on the loose leaf cover showing David Wilkie ’ s well-known painting Reading of the Will. In many ways the most engaging feature of this collection is the breadth of subjects covered. They range from the more traditional succession issues such as the reform of the rules of intestacy in Chapter One and Mutual Wills in Chapter Five to the more challenging issues of Testamentary dispositions in favour of informal carers in Chapter Eight and Proprietary Estoppel in Chapter Four. Much credit should be given to the conference organisers and book editors for ensuring that the conference and later the book had sufficient breadth and did not dwell overly on the minutiae of the rules of drawing up a valid will although that said Chapter Four shows how this in itself embraces many wider legal issues.
正如编辑们在本书开头所观察到的那样,继承法在英国是一个“被忽视的领域”,而大陆和比较律师们重新发现了它具有巨大的实践重要性,值得更多的学术关注。继承规则对所有人都非常重要;正如Penelope Reed在第七章中指出的那样,由于“……人口老龄化,痴呆症发病率的增加和房价的上涨使得遗产值得争夺……”死亡是不可避免的,每个人死时要么是立了有效遗嘱,要么是没有遗嘱,没有有效遗嘱,继承法影响着我们所有人。为了解决法律上的这一差距,2015年7月在牛津万灵学院举行了一次会议,出席会议的有衡平法法官、上诉法院的一名成员以及一些主要的学者和从业者。这本书收录了会议论文中的十一篇。结果是一本优秀的书,既可以作为学生和从业者的参考工作,也可以为更广泛的公众感兴趣,他们可能会被主题所吸引,可能是活页封面上的图片,展示了大卫·威尔基的著名画作《意志的阅读》。在许多方面,这本书最吸引人的特点是涵盖了广泛的主题。它们的范围从更传统的继承问题,如第一章中的无遗嘱规则改革和第五章中的相互遗嘱,到第八章中对非正式照顾者有利的遗嘱处置和第四章中的专有禁止反悔等更具挑战性的问题。会议组织者和图书编辑应该得到很大的赞扬,因为他们确保了会议和后来的书有足够的广度,没有过多地讨论起草有效遗嘱的规则的细节,尽管第四章表明,这本身包含了许多更广泛的法律问题。
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引用次数: 0
BEING A JUDGE IN THE MODERN WORLD 在现代社会当法官
Pub Date : 2017-08-18 DOI: 10.5750/DLJ.V29I1.1426
Fred Motson
It is something of a modern cliche to cite the Daily Mail as an example of the more hysterical fringe of the mainstream press, but even by its own standards the newspaper reached new heights in the wake of the High Court ’ s decision in R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union . Despite the rather dry constitutional point that was actually in issue (whether the executive possessed a prerogative power to leave a treaty without Parliamentary approval) the Mail left no doubt as to its view of the case: ‘Enemies of the people’ screamed the headline, with the article going on to suggest that the claimants “had formed an 'unholy alliance' with the judiciary.” Clearly the position of even the most senior members of the judiciary is far from the distinguished isolation of previous centuries.
把《每日邮报》(Daily Mail)作为主流媒体中歇斯底里边缘的一个例子,已经是一种现代陈词滥调了,但即使按照它自己的标准,在高等法院对R(关于米勒和多斯桑托斯(Dos Santos)的申请)诉国务卿退出欧盟(brexit)一案做出裁决后,这家报纸也达到了新的高度。尽管实际上争论的是相当枯燥的宪法观点(行政当局是否拥有在没有议会批准的情况下离开条约的特权),但《每日邮报》对此案的看法毫无疑问:“人民的敌人”尖叫着标题,文章继续暗示原告“与司法部门结成了‘邪恶联盟’”。显然,即使是最高级司法人员的地位也远没有像过去几个世纪那样被孤立。
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引用次数: 0
期刊
The Denning Law Journal
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