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Better Regulation and the Secretariat General for Legal and Parliamentary Affairs of the Presidency of the Hellenic Government: A Considerable Work Already in Progress 更好的监管和希腊政府主席团法律和议会事务总秘书处:已在开展的大量工作
IF 0.3 Q3 LAW Pub Date : 2024-04-16 DOI: 10.1093/slr/hmae020
Ilias Koromilas
This paper article scrutinizes the initiatives for Better Regulation implemented in Greece, set against the backdrop of a globalized world that is persistently grappling with sporadic, and occasionally dramatic and chaotic, challenges. A significant proportion of these initiatives are designed to mitigate the enduring adverse effects on Greece economy, environment, and society, which are the consequences of a flawed legislative process. This process has been criticized in numerous studies and reports for its bureaucratic red tape, inefficiency, fragmentation, and lack of a culture promoting better regulation. The handbooks and methodologies examined in this article originate from the law on the Executive State and were executed under the auspices of the European Commission (DG REFORM) Technical Support Action, which was implemented by Expertise France and is titled: “Support Public Administration Reform and its Digital Transformation.” Most of these initiatives have been successfully completed and implemented, while the completion of others is imminent. In conclusion, the author suggests several additional measures for implementation, which are intended to enhance the reforms that are already in place.
在全球化的世界中,各种挑战时有发生,有时甚至是剧烈的、混乱的,本文在此背景下对希腊实施的 "改善监管 "倡议进行了仔细研究。这些举措中有很大一部分是为了减轻对希腊经济、环境和社会造成的长期不利影响,而这些影响是由有缺陷的立法程序造成的。许多研究和报告都对这一过程提出了批评,认为其官僚繁文缛节、效率低下、支离破碎,以及缺乏促进更好监管的文化。本文所研究的手册和方法源自《行政国家法》,是在欧盟委员会(DG REFORM)技术支持行动的支持下实施的,该行动由法国专业技术公司实施,名为 "支持公共行政改革及其数字化转型"。其中大部分举措已成功完成并付诸实施,其他举措也即将完成。最后,作者提出了几项额外的实施措施,旨在加强已经实施的改革。
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引用次数: 0
An Analysis of the Legislative Protection for Journalists and Lawyers Under Zimbabwe’s Interception of Communications Act 分析津巴布韦《截取通信法》对记者和律师的立法保护
IF 0.3 Q3 LAW Pub Date : 2024-03-16 DOI: 10.1093/slr/hmae018
Brian Hungwe, Allen Munoriyarwa
This paper provides a legal analysis that interrogates the Information Communication Act (ICA) in Zimbabwe. Its purpose is to examine the extent to which the ICA protects journalists and lawyers privileges, critical constituencies in any democratic state. The ICA, passed in 2007, has remained a heavily contested legislation in the country. On the one hand, it is understood to be security minded legislation, yet, other critics have argued that it interferes with the journalist’s source privilege, and lawyer–client confidentiality. In this paper, we are concerned about whether the Act provides adequate safeguards where the subject of surveillance is a practising journalist or lawyer. Thus we ask; to what extent does the ICA provides adequate legal safeguards to lawyers and journalists? Through a qualitative textual analysis of the law, the paper determines the constitutional implications of the main provisions of the Act on whether they reflect constitutional norms that safeguard the legal privileges accorded to the professions. We note that the ICA does not provide adequate safeguards for the protection of lawyers and journalists. We, therefore, argue that ICA is a weaponized legislation meant to emasculate these two communities of practice. As such, we call for the Act’s alignment with the current broadened constitutional provisions. South Africa’s Constitutional Court has invalidated unconstitutional provisions within its surveillance and interception laws, likewise identical provisions within its neighbouring state, Zimbabwe should follow the same. Both countries share common historical, political and economic ties.
本文对津巴布韦的《信息传播法》(ICA)进行了法律分析。其目的是研究《信息通讯法》在多大程度上保护了记者和律师的特权,而这些特权在任何民主国家都是至关重要的。2007 年通过的《国际通信法》在津巴布韦一直是一项备受争议的立法。一方面,人们认为它是一部以安全为导向的立法,但另一些批评者则认为它干涉了记者的消息来源特权和律师与委托人之间的保密性。在本文中,我们关注的是,当监视对象是执业记者或律师时,该法是否提供了足够的保障。因此,我们要问:《国际新闻自由法》在多大程度上为律师和记者提供了充分的法律保障?通过对法律文本的定性分析,本文确定了该法主要条款的宪法含义,即这些条款是否反映了保障专业人士法律特权的宪法规范。我们注意到,《国际新闻自由法》没有为保护律师和记者提供足够的保障。因此,我们认为,《国际新闻自由法》是一部武器化的立法,旨在削弱这两个执业团体。因此,我们呼吁该法与现行的扩大宪法条款保持一致。南非宪法法院已宣布其监控和拦截法中的违宪条款无效,同样,其邻国津巴布韦也应遵循相同的规定。两国有着共同的历史、政治和经济联系。
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引用次数: 0
Bilingual Law in Wales (and England): The Implications of Law Being Made in Two Languages 威尔士(和英格兰)的双语法律:用两种语言制定法律的影响
IF 0.3 Q3 LAW Pub Date : 2024-03-07 DOI: 10.1093/slr/hmae012
Dylan Mortimer Hughes
This article concerns bilingual legislation and focusses on the legal status of the Welsh language in Welsh legislation, an issue complicated by the confusing context of the single jurisdiction for England and Wales. It refers to analysis of the position undertaken by the Law Commission of England and Wales (which included comparative analysis of the position in Canada, in particular), and to recent consideration by the Court of Appeal (E&W) of the implications of the England and Welsh languages having equal status for all purposes. This has significant effects on practitioners and the courts, in both Wales and England.
本文涉及双语立法,重点是威尔士语在威尔士立法中的法律地位,这一问题因英格兰和威尔士单一管辖权的混乱背景而变得复杂。文章提到了英格兰和威尔士法律委员会(Law Commission of England and Wales)对法律地位所做的分析(其中特别包括对加拿大法律地位的比较分析),以及上诉法院(E&W)最近对英格兰和威尔士语在所有目的上具有同等地位的影响所做的审议。这对威尔士和英格兰的从业人员和法院都有重大影响。
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引用次数: 0
Bilingual Statutory Interpretation and the United Kingdom: Domestic Law and International Experiences 双语法定解释与英国:国内法和国际经验
IF 0.3 Q3 LAW Pub Date : 2024-02-27 DOI: 10.1093/slr/hmae014
Catrin Fflûr Huws
This article explores the emerging need for bilingual statutory interpretation within the United Kingdom and explains the significance of the High Court and Court of Appeal judgments in R (on behalf of Driver) v Rhondda Cynon Tâf County Borough Council both in terms of the process of statutory interpretation and with regard to its potential impact on the future of England and Wales as a unified jurisdiction. It draws upon the UK’s approaches to multilingual obligations under international law, and on comparative experiences of multilingualism within a domestic legal system.
本文探讨了英国对双语法定解释的新需求,并解释了高等法院和上诉法院在 R(代表 Driver)诉 Rhondda Cynon Tâf 郡议会一案中的判决在法定解释程序及其对英格兰和威尔士作为统一司法管辖区的未来的潜在影响方面的意义。它借鉴了英国对国际法规定的多语言义务的处理方法,以及在国内法律体系中使用多种语言的比较经验。
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引用次数: 0
Policy Responses To Fake News On Social Media Platforms: A Law And Economics Analysis 社交媒体平台上假新闻的对策:法律与经济学分析
IF 0.3 Q3 LAW Pub Date : 2024-02-27 DOI: 10.1093/slr/hmae013
Devansh Kaushik
Fake News is one of the major techno-policy challenges faced by modern societies. As popular discourse shifts to social media platforms, Fake News on the internet has increased drastically, generating significant costs for society. Consequently, there is a regulatory movement across the globe to mitigate fake news on these platforms. A law and economics analysis offers valuable insights towards devising an appropriate regulatory approach to tackling this issue. In economic terms, Fake News can be conceptualized as a negative externality, while Fact-Checking and Content Moderation Services may be defined as public goods. There exists a misplaced individual incentive to create fake news on social media platforms. A clear case of market failure and thus a need for state intervention can be made out. While direct state regulation of platforms is the preferred approach by regulators for mitigating fake news, this paper cautions against over-reliance on such a ‘negative state’ regime, due to censorship risks and enforcement costs. This paper recommends adoption of a multi-pronged strategy, including a statutory Pigouvian tax to internalize social costs of fake news on social media platforms within the market, by channelling resources towards promoting positive state measures to mitigate the broader effects of fake news on these platforms. This paper’s analysis is largely located in the Indian context, with references to other jurisdictions.
假新闻是现代社会面临的主要技术政策挑战之一。随着大众言论向社交媒体平台转移,互联网上的假新闻急剧增加,给社会造成了巨大损失。因此,全球各地都在开展监管运动,以减少这些平台上的假新闻。法律和经济学分析为制定适当的监管方法解决这一问题提供了宝贵的见解。从经济学角度看,假新闻可被视为一种负外部性,而事实核查和内容审核服务则可被定义为公共产品。在社交媒体平台上制造假新闻的个人动机是错位的。这显然是市场失灵,因此需要国家干预。虽然国家对平台的直接监管是监管机构减少假新闻的首选方法,但本文提醒不要过度依赖这种 "消极国家 "制度,因为这存在审查风险和执法成本。本文建议采取多管齐下的策略,包括征收法定的皮格夫税,将社交媒体平台上虚假新闻的社会成本内化到市场中,将资源用于促进积极的国家措施,以减轻这些平台上虚假新闻的广泛影响。本文的分析主要以印度为背景,同时参考了其他司法管辖区的情况。
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引用次数: 0
Reassessing Proportionality: Implied Limitations and Judicial Review under Section 6 of the British Nationality Act 1981 重新评估相称性:1981 年英国国籍法》第 6 条下的默示限制和司法审查
IF 0.3 Q3 LAW Pub Date : 2024-02-25 DOI: 10.1093/slr/hmae005
Arfan Khan
There exists a lively debate regarding whether proportionality outside of the European Convention on Human Rights is an independent ground for judicial review or overlaps with the Wednesbury Unreasonableness or irrationality ground and is indistinguishable from it.1 This Article contends that proportionality, as a fair balance test, is an implied limitation to a statutory power and, therefore, constitutes an independent test within section 6 of the British Nationality Act 1981 (BNA 1981). Consequently, if a decision is disproportionate, it is amenable to judicial review on the existing ground of illegality. In that case, it is not necessary to consider an independent Wednesbury unreasonableness or irrationality test.
关于《欧洲人权公约》之外的相称性是一个独立的司法审查理由,还是与韦德内斯伯里的不合理或不合理理由重叠且无法区分的问题,存在着激烈的争论。因此,如果一项决定是不相称的,则可以现有的非法性为由对其进行司法审查。在这种情况下,就没有必要考虑独立的韦德斯伯里不合理或不理性检验标准。
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引用次数: 0
The Right to Citizenship of Rohingya Children of Bangladeshi Descent Under International Human Rights Law 国际人权法规定的孟加拉国裔罗辛亚儿童的公民权利
IF 0.3 Q3 LAW Pub Date : 2024-02-25 DOI: 10.1093/slr/hmae011
Mohammad Sabuj
Since the outbreak of violence and persecution against Rohingyas in 2017 they have been fleeing Myanmar and taking refuge in Bangladesh. A significant number of them are married to a Bangladeshi citizen and their children are entitled to Bangladeshi citizenship by descent. However, these Rohingya children are not being registered as Bangladeshi citizen. As a result, a significant number of Rohingya children have become stateless. As Bangladesh is not a party to the statelessness conventions statelessness of these Rohingya children cannot be legally addressed under these conventions. This article explores the citizenship rights of these Rohingya children outside of these conventions. It argues that, although Bangladesh is not a party to the statelessness conventions it is a party to the Convention on the Rights of the Child (CRC) and other international human rights treaties under which it is obliged to grant citizenship status to the Rohingya children born to a Bangladeshi parent.
自 2017 年针对罗辛亚人的暴力和迫害爆发以来,他们纷纷逃离缅甸,到孟加拉国避难。其中有相当一部分人与孟加拉国公民结婚,他们的子女有权通过血统获得孟加拉国公民身份。然而,这些罗兴亚儿童并未登记为孟加拉国公民。因此,大量罗辛亚儿童成为无国籍人。由于孟加拉国不是无国籍公约的缔约国,这些罗辛亚儿童的无国籍问题无法根据这些公约得到法律解决。本文探讨了这些罗辛亚儿童在这些公约之外的公民权利。文章认为,尽管孟加拉国不是无国籍公约的缔约国,但却是《儿童权利公约》和其他国际人权条约的缔约国,根据这些条约,孟加拉国有义务给予父母一方为孟加拉国人的罗辛亚儿童公民身份。
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引用次数: 0
The Corporate ‘Failure to Prevent’ Principle in the UK Bribery Act 2010: Philosophical Foundations of Economic Crime 英国《2010 年反贿赂法》中的公司 "未能预防 "原则:经济犯罪的哲学基础
IF 0.3 Q3 LAW Pub Date : 2024-02-25 DOI: 10.1093/slr/hmae007
Shabir Korotana
This article discusses the new corporate offence of corporate ‘failure to prevent’ bribery found in section 7(1) of the UK Bribery Act 2010 and the nature of consequential corporate liability. It discusses the nature of corporate vicarious liability, strict liability, and the identification doctrine and identifies the philosophical foundations of the principle of corporate failure to prevent bribery. The philosophical foundation of corporate liability emanating from the principle of the corporate offence is not based on the principles of corporate vicarious liability, strict liability or the identification doctrine. Liability attaches directly to the corporation because the rationale behind the legislation is to eliminate the culture of corporate bribery both domestically and extra-territorially. Section 7(2) affords a corporation a legal defence against its failure to prevent bribery if it can demonstrate that it had implemented adequate procedures to prevent individuals associated with it from undertaking such behaviour.
本文讨论了英国《2010 年反贿赂法》第 7(1)条中关于公司 "未能防止 "贿赂的新公司犯罪以及相应公司责任的性质。文章讨论了公司替代责任、严格责任和识别原则的性质,并确定了公司未能防止贿赂原则的哲学基础。源自公司犯罪原则的公司责任哲学基础并非基于公司替代责任原则、严格责任原则或鉴定原则。责任直接由公司承担,因为立法的基本原理是消除国内和域外的公司贿赂文化。第 7 条第(2)款规定,如果公司能够证明其已实施适当程序防止与公司有关联的个人从事贿赂行为,则公司可对其未能防止贿赂行为进行法律辩护。
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引用次数: 0
Textualism as a Theory of Interpretation of Legal Norms in the Context of Doctrinal Views 文本主义作为教义观点背景下的法律规范解释理论
IF 0.3 Q3 LAW Pub Date : 2024-02-17 DOI: 10.1093/slr/hmae006
Vitalii Serediuk, Illya Shutak, Ihor Onyshchuk
The relevance of the study is due to the problem of establishing the accuracy of the content of legal norms. Accordingly, there is a need to define a new way to explain, apply, and understand them. The purpose of the article is to carry out a theoretical and legal analysis of textualism as a theory of interpretation of legal norms. The research used such methods as analysis, deduction, induction, comparative analysis, and others. Taking the research through the prism of the doctrine of textualism in the interpretation of legal norms, the authors demonstrated that the effectiveness of this method is capable of restoring the semantic content of the text, which helps to clarify the meaning of the norms effectively and consistently. They found that the method under study could be applicable in legal practice to disclose the construction of legal norms, which multiply chances to provide accurate disclosure of the legal content of the norm. The practical value of the results lies in the identification of a new way of interpreting the norms, which will provide a future opportunity to increase the level of effective law enforcement of the current legislation.
这项研究的现实意义在于确定法律规范内容的准确性问题。因此,有必要确定一种解释、适用和理解法律规范的新方法。文章旨在对作为法律规范解释理论的文本主义进行理论和法律分析。研究采用了分析、演绎、归纳、比较分析等方法。通过文本主义理论在法律规范解释中的多棱镜进行研究,作者证明了该方法的有效性,即能够还原文本的语义内容,有助于有效、一致地阐明规范的含义。他们发现,所研究的方法可适用于法律实践中对法律规范构建的揭示,从而成倍增加准确揭示规范法律内容的机会。研究成果的实用价值在于确定了一种新的规范解释方法,这将为今后提高现行立法的有效执法水平提供契机。
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引用次数: 0
Judicial Review Challenges to Secondary Legislation in England and Wales: Courting Controversy 对英格兰和威尔士二级立法的司法审查质疑:引发争议
IF 0.3 Q3 LAW Pub Date : 2024-02-17 DOI: 10.1093/slr/hmae010
Alistair Mills
The importance of secondary legislation in England and Wales cannot be understated. Its significance dwarfs the amount of political scrutiny which it receives. Secondary legislation can be subject to judicial review, but this may raise difficult constitutional issues. A potentially controversial ground of judicial review is that secondary legislation is contrary to the purposes of the enacting primary legislation. Examination of litigation regarding legal aid regulations shows how the courts’ view as to the purposes of such legislation can differ, revealing the essentially political choices which the courts have to make. There is however a way that will assist the courts in limiting such controversy if they find secondary legislation to be unlawful: they can order that the secondary legislation be quashed only from a future date, which would give Parliament or the executive time to address the legal defect identified. This encourages dialogue rather than conflict between the legal and executive branches of the constitution.
英格兰和威尔士二级立法的重要性不容低估。它的重要性使其受到的政治审查相形见绌。二级立法可接受司法审查,但这可能会引发棘手的宪法问题。一个可能引起争议的司法审查理由是二级立法违背了颁布一级立法的目的。对法律援助条例诉讼的研究表明,法院对此类立法目的的看法可能会有所不同,这揭示了法院必须做出的本质上的政治选择。然而,如果法院发现次级立法不合法,有一种方法可以帮助法院限制此类争议:法院可以命令从未来某个日期开始撤销次级立法,这将使议会或行政部门有时间解决所发现的法律缺陷。这鼓励了宪法的法律部门和行政部门之间的对话而不是冲突。
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引用次数: 0
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Statute Law Review
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