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.
{"title":"The Corporate ‘Failure to Prevent’ Principle in the UK Bribery Act 2010: Philosophical Foundations of Economic Crime","authors":"Shabir Korotana","doi":"10.1093/slr/hmae007","DOIUrl":"https://doi.org/10.1093/slr/hmae007","url":null,"abstract":"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.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139969266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A First Take on the Legal Scrutiny of the Law-Making Process","authors":"Agapi Galenianou","doi":"10.1093/slr/hmae008","DOIUrl":"https://doi.org/10.1093/slr/hmae008","url":null,"abstract":"","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140432126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Political Economy and Impact Assessment","authors":"Spyros J. Vliamos","doi":"10.1093/slr/hmae004","DOIUrl":"https://doi.org/10.1093/slr/hmae004","url":null,"abstract":"","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140432184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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.
{"title":"Textualism as a Theory of Interpretation of Legal Norms in the Context of Doctrinal Views","authors":"Vitalii Serediuk, Illya Shutak, Ihor Onyshchuk","doi":"10.1093/slr/hmae006","DOIUrl":"https://doi.org/10.1093/slr/hmae006","url":null,"abstract":"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.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139904088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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.
{"title":"Judicial Review Challenges to Secondary Legislation in England and Wales: Courting Controversy","authors":"Alistair Mills","doi":"10.1093/slr/hmae010","DOIUrl":"https://doi.org/10.1093/slr/hmae010","url":null,"abstract":"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.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139904248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The economy’s legislative, regulatory, and institutional framework profoundly influences growth. It sets societal norms and motivates economic players towards desired outcomes. Greece faces a complex challenge in enhancing its institutional structure, with interconnected issues demanding comprehensive and persistent intervention. Political stability positively impacts regulatory quality, while instability prompts resistance to government changes, affecting legislation efficacy and governmental honesty. The study identifies two counterproductive forces hindering law improvement. First, the executive power’s reluctance to measure legislative effectiveness Second, there is a pervasive distrust in law enforcers, resulting in convoluted legal frameworks. This setup aligns with statism and a flawed concept of legal certainty. Improving the legal framework requires the executive to prioritize self-assessment of efficacy and trust in law enforcement—a cornerstone of effective liberal democracy. The study advocates specific policy guidelines tailored for the Greek state. Addressing these concerns mandates an all-encompassing, persistent, and introspective approach by those in power. Ultimately, fostering trust, measuring effectiveness, and simplifying legal constructs are vital for Greece to enhance its institutional framework and foster a more effective liberal democracy. Lastly, the provision of training to those who shape and evaluate the laws is crucial to ensure high-quality regulations and interventions.
{"title":"The Legislative Process and Regulatory Interventions in the Greek Democracy: Deep-Rooted Weaknesses and Recommendations for Improvement","authors":"Panagiotis E Petrakis","doi":"10.1093/slr/hmae001","DOIUrl":"https://doi.org/10.1093/slr/hmae001","url":null,"abstract":"The economy’s legislative, regulatory, and institutional framework profoundly influences growth. It sets societal norms and motivates economic players towards desired outcomes. Greece faces a complex challenge in enhancing its institutional structure, with interconnected issues demanding comprehensive and persistent intervention. Political stability positively impacts regulatory quality, while instability prompts resistance to government changes, affecting legislation efficacy and governmental honesty. The study identifies two counterproductive forces hindering law improvement. First, the executive power’s reluctance to measure legislative effectiveness Second, there is a pervasive distrust in law enforcers, resulting in convoluted legal frameworks. This setup aligns with statism and a flawed concept of legal certainty. Improving the legal framework requires the executive to prioritize self-assessment of efficacy and trust in law enforcement—a cornerstone of effective liberal democracy. The study advocates specific policy guidelines tailored for the Greek state. Addressing these concerns mandates an all-encompassing, persistent, and introspective approach by those in power. Ultimately, fostering trust, measuring effectiveness, and simplifying legal constructs are vital for Greece to enhance its institutional framework and foster a more effective liberal democracy. Lastly, the provision of training to those who shape and evaluate the laws is crucial to ensure high-quality regulations and interventions.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139647763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The proviso of section 10 of the Transfer of Property Act of 1882, is a regressive law restraining women of certain religions from alienating property received from an inter-vivos transaction. This paper highlights this aspect of the statute and calls for reform in the property rights of such women, as the proviso violates the Indian Constitutional guarantee of preventing gender and religion-based discrimination. Further, the proviso creates an anomaly in the property interest of women who fall within the ambit of both section 10 and the Indian Succession Act. This paper also argues that the mere deletion of the impugned proviso will not address the issue of patriarchy and secure the welfare of women. Dowry is one such example discussed in this paper, which persists despite statutes aimed at eradicating it. The reasons for the existence of section 10, as given by the English Judges of the colonial past, continue to plague Indian women even today. On the contrary, a woman’s absolute interest in property would make her susceptible to dowry abuse, consequently perpetuating the practice of dowry demands. Therefore, in addition to legal reform, this paper advocates increasing efforts in sensitizing society to bring about real change.
{"title":"The Discrimination and Anomaly in the Property Rights of Indian Women","authors":"Aditya Suswaram","doi":"10.1093/slr/hmae002","DOIUrl":"https://doi.org/10.1093/slr/hmae002","url":null,"abstract":"The proviso of section 10 of the Transfer of Property Act of 1882, is a regressive law restraining women of certain religions from alienating property received from an inter-vivos transaction. This paper highlights this aspect of the statute and calls for reform in the property rights of such women, as the proviso violates the Indian Constitutional guarantee of preventing gender and religion-based discrimination. Further, the proviso creates an anomaly in the property interest of women who fall within the ambit of both section 10 and the Indian Succession Act. This paper also argues that the mere deletion of the impugned proviso will not address the issue of patriarchy and secure the welfare of women. Dowry is one such example discussed in this paper, which persists despite statutes aimed at eradicating it. The reasons for the existence of section 10, as given by the English Judges of the colonial past, continue to plague Indian women even today. On the contrary, a woman’s absolute interest in property would make her susceptible to dowry abuse, consequently perpetuating the practice of dowry demands. Therefore, in addition to legal reform, this paper advocates increasing efforts in sensitizing society to bring about real change.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139517824","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article highlights the state-of-play in law-making in Greece especially following the adoption of law 4622/2019 aiming at establishing a culture of principles and means for enhancing the quality of laws. The revised model for new legislation, as well as the approach taken for the transformation of existing laws into the new model, the so-called codification process, are presented. In this framework, the role of the Hellenic Parliament is discussed and its position vis-à-vis other regulatory authorities is highlighted. The ongoing legislative modernization activities are approached under the light of digital tools and services that are being developed to further advance law-making processes in Greece.
{"title":"Better Regulation and its Evolution in the Hellenic Legislative and Parliamentary System","authors":"Fotios Fitsilis, Georgios Theodorakopoulos","doi":"10.1093/slr/hmae003","DOIUrl":"https://doi.org/10.1093/slr/hmae003","url":null,"abstract":"This article highlights the state-of-play in law-making in Greece especially following the adoption of law 4622/2019 aiming at establishing a culture of principles and means for enhancing the quality of laws. The revised model for new legislation, as well as the approach taken for the transformation of existing laws into the new model, the so-called codification process, are presented. In this framework, the role of the Hellenic Parliament is discussed and its position vis-à-vis other regulatory authorities is highlighted. The ongoing legislative modernization activities are approached under the light of digital tools and services that are being developed to further advance law-making processes in Greece.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139517823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Implementation of EU regulations requires many changes in the Czech legal order. It is often necessary to repeal incompatible national provisions, provide for new penalties and provisions on competence of national institutions, or set up a new system only sketched by the EU regulations. Further, the implementation in Czechia has to match with the other parts of the Czech legal order to be effective. And it must comply with the Czech constitutional imperatives and legal drafting rules which follow from the principle of legal certainty and a rule of law. The main problem appears with European Parliament and Council regulations which establish only very general rules. Also, too many delegated and implementing regulations of the Commission are causing problems, specially when they have short implementation deadlines and change quickly. The article therefore contains examples of loopholes, presents methods to deal with them and sketches paths to be taken in the future.
{"title":"Implementation of EU Regulations in Czechia","authors":"Markéta Whelanová","doi":"10.1093/slr/hmad017","DOIUrl":"https://doi.org/10.1093/slr/hmad017","url":null,"abstract":"Implementation of EU regulations requires many changes in the Czech legal order. It is often necessary to repeal incompatible national provisions, provide for new penalties and provisions on competence of national institutions, or set up a new system only sketched by the EU regulations. Further, the implementation in Czechia has to match with the other parts of the Czech legal order to be effective. And it must comply with the Czech constitutional imperatives and legal drafting rules which follow from the principle of legal certainty and a rule of law. The main problem appears with European Parliament and Council regulations which establish only very general rules. Also, too many delegated and implementing regulations of the Commission are causing problems, specially when they have short implementation deadlines and change quickly. The article therefore contains examples of loopholes, presents methods to deal with them and sketches paths to be taken in the future.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139470059","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article provides information regarding the assessment of bills, before the parliamentary procedure, in Greece, throughout the years. It focuses on the differences between the former ‘Central Legislative Committee’ and the current ‘Committee for Quality Evaluation of the Law Making Process’ and presents the responsibilities of the latter, as well as the improvements that have been achieved since its operation. Then an analysis of the quality of the legislation, in general, takes place and the relevant problems are highlighted.
{"title":"The Committee for Quality Evaluation of the Law Making Process in Greece: Another One Law Drafting Committee or Something More?","authors":"Spyridon Vlachopoulos","doi":"10.1093/slr/hmad016","DOIUrl":"https://doi.org/10.1093/slr/hmad016","url":null,"abstract":"\u0000 This article provides information regarding the assessment of bills, before the parliamentary procedure, in Greece, throughout the years. It focuses on the differences between the former ‘Central Legislative Committee’ and the current ‘Committee for Quality Evaluation of the Law Making Process’ and presents the responsibilities of the latter, as well as the improvements that have been achieved since its operation. Then an analysis of the quality of the legislation, in general, takes place and the relevant problems are highlighted.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139440450","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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