Abstract This is an unprecedented Bill to deal with an unprecedented crisis. Over the coming months, every aspect of the way that we do things in Britain will come under strain. As in wartime, we will have to change the way that we do things, and when it is all over things will not revert to business as usual. Some things will have changed forever, and the way that we do business here will assuredly fall into that category. I am sure that everyone in your Lordships’ House wishes the Government well as they grapple with coronavirus. But democracies never give the Executive a blank cheque. As a Parliament, we must retain our critical faculties and, if we do so, it will help the Government and the country to get through this crisis together (Hansard HL Deb, vol 802, col 1659, 24 March 2020).
这是一项前所未有的法案，旨在应对前所未有的危机。在接下来的几个月里，我们在英国做事的每一个方面都将面临压力。就像在战时一样，我们将不得不改变我们做事的方式，当一切结束时，事情不会恢复到以前的样子。有些事情将永远改变，我们在这里做生意的方式肯定会属于这一类。我相信上议院的每个人都希望政府在与冠状病毒的斗争中一切顺利。但民主国家从不给行政部门一张空白支票。作为议会，我们必须保留我们的批判能力，如果我们这样做，它将有助于政府和国家共同度过这场危机(Hansard HL Deb, vol 802, col 1659, 2020年3月24日)。
{"title":"Of Landlords and Tenants: Property in the Midst of a Pandemic","authors":"Edward S W Ti","doi":"10.1093/slr/hmab018","DOIUrl":"https://doi.org/10.1093/slr/hmab018","url":null,"abstract":"Abstract This is an unprecedented Bill to deal with an unprecedented crisis. Over the coming months, every aspect of the way that we do things in Britain will come under strain. As in wartime, we will have to change the way that we do things, and when it is all over things will not revert to business as usual. Some things will have changed forever, and the way that we do business here will assuredly fall into that category. I am sure that everyone in your Lordships’ House wishes the Government well as they grapple with coronavirus. But democracies never give the Executive a blank cheque. As a Parliament, we must retain our critical faculties and, if we do so, it will help the Government and the country to get through this crisis together (Hansard HL Deb, vol 802, col 1659, 24 March 2020).","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41765272","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":"The Case for and against (Re-)arming Parliament","authors":"D. Greenberg","doi":"10.1093/slr/hmab017","DOIUrl":"https://doi.org/10.1093/slr/hmab017","url":null,"abstract":"","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47725817","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}
M. Dei, Iryna S. Skliar, Anatolii Shevchenko, Andriy P. Cherneha, O. V. Tavolzhanskyi
Overcoming corruption is extremely important, as it is a danger to the state, society, and the individual. Of particular note is the experience of European Union member states that have implemented anti-corruption programs, achieved the necessary positive results, and laid the foundations for sustainable socio-political development, in particular in the context of guaranteeing national security. The aim of the study can be described as the analysis and detailed characterization of anti-corruption legislation and strategies to prevent corruption at the national and supranational levels of the European Union. The methodological basis of the work is scientific methods based on the requirements of objective and comprehensive analysis of social phenomena of a legal nature. A number of general scientific research methods were used in this study. The following methods can be distinguished: semantic and system analysis, discourse, methods of induction and deduction, historical-legal and formal-legal methods, and others. The article offers a detailed overview and thorough consideration of legal instruments of the Member States of the European Union on corruption and the relevant anti-corruption legislation of the European Union Member States.
{"title":"Preventing and Combating Corruption in the European Union: The Practice of Member States","authors":"M. Dei, Iryna S. Skliar, Anatolii Shevchenko, Andriy P. Cherneha, O. V. Tavolzhanskyi","doi":"10.1093/slr/hmab015","DOIUrl":"https://doi.org/10.1093/slr/hmab015","url":null,"abstract":"\u0000 Overcoming corruption is extremely important, as it is a danger to the state, society, and the individual. Of particular note is the experience of European Union member states that have implemented anti-corruption programs, achieved the necessary positive results, and laid the foundations for sustainable socio-political development, in particular in the context of guaranteeing national security. The aim of the study can be described as the analysis and detailed characterization of anti-corruption legislation and strategies to prevent corruption at the national and supranational levels of the European Union. The methodological basis of the work is scientific methods based on the requirements of objective and comprehensive analysis of social phenomena of a legal nature. A number of general scientific research methods were used in this study. The following methods can be distinguished: semantic and system analysis, discourse, methods of induction and deduction, historical-legal and formal-legal methods, and others. The article offers a detailed overview and thorough consideration of legal instruments of the Member States of the European Union on corruption and the relevant anti-corruption legislation of the European Union Member States.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49620380","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}
Self-driving cars, also referred to as connected and autonomous vehicles, are not only in vogue among technology and car enthusiasts (among others) but they have been broadly considered to form a new and disruptive means of transport. The benefits of self-driving cars are replete with stories of inclusivity, safety, environmental benefits, and social connectivity. However, the reality of the words ‘self-driving’ and ‘autonomous’ in the designation of this form of transport are not only inadequately defined, they appear to be actively misleading individuals as to the capabilities of the vehicle and the responsibility that they as driver or person behind the wheel have when in use. Tesla is at the forefront of this debate given that it not only sells an option for its vehicles of full self-driving capability, but it also uses terms such as autopilot which, we argue, lead to misunderstandings by the public and may have resulted, directly or indirectly, to fatal car crashes. We conclude this paper with a recommendation that legislative change is enacted through use of an existing international Standard which will provide the definition and guidance that is necessary for the benefit of all stakeholders.
{"title":"The Lexicon of Self-Driving Vehicles and the Fuliginous Obscurity of ‘Autonomous’ Vehicles","authors":"James Marson, K. Ferris","doi":"10.1093/slr/hmab016","DOIUrl":"https://doi.org/10.1093/slr/hmab016","url":null,"abstract":"\u0000 Self-driving cars, also referred to as connected and autonomous vehicles, are not only in vogue among technology and car enthusiasts (among others) but they have been broadly considered to form a new and disruptive means of transport. The benefits of self-driving cars are replete with stories of inclusivity, safety, environmental benefits, and social connectivity. However, the reality of the words ‘self-driving’ and ‘autonomous’ in the designation of this form of transport are not only inadequately defined, they appear to be actively misleading individuals as to the capabilities of the vehicle and the responsibility that they as driver or person behind the wheel have when in use. Tesla is at the forefront of this debate given that it not only sells an option for its vehicles of full self-driving capability, but it also uses terms such as autopilot which, we argue, lead to misunderstandings by the public and may have resulted, directly or indirectly, to fatal car crashes. We conclude this paper with a recommendation that legislative change is enacted through use of an existing international Standard which will provide the definition and guidance that is necessary for the benefit of all stakeholders.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41833503","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}
Parliamentary intention is a central aspect of statutory interpretation despite the many questions that exist concerning its normative role and desirability. In Lacey v. Attorney-General (Qld) and Zheng v. Cai, the High Court of Australia sought to diminish the role of objective parliamentary intention in statutory interpretation by alluding to a need for interpretive principles to be based on an understanding of the broader constitutional framework. This article argues that parliamentary intention has an important role to play within the modern statutory interpretation approach as adopted in Australia. Particularly, it is argued that an over-reliance upon statutory interpretation presumptions as a proxy for interpreting the legal meaning of statutes as opposed to an inquiry to discern parliamentary intention as informed by text, context, and purpose, leads to questionable interpretive results. Parliamentary intention is also consistent with the broader constitutional constraints as alluded by the High Court with respect to constitutional values such as the separation of powers between the judicial and legislative branch, and statutes being a product of an exercise of legislative power by democratically elected members of Parliament.
{"title":"Parliamentary Intention: Deciphering Its Role in Statutory Interpretation in the Australian Constitutional Context","authors":"Kira Wong","doi":"10.1093/SLR/HMAB011","DOIUrl":"https://doi.org/10.1093/SLR/HMAB011","url":null,"abstract":"\u0000 Parliamentary intention is a central aspect of statutory interpretation despite the many questions that exist concerning its normative role and desirability. In Lacey v. Attorney-General (Qld) and Zheng v. Cai, the High Court of Australia sought to diminish the role of objective parliamentary intention in statutory interpretation by alluding to a need for interpretive principles to be based on an understanding of the broader constitutional framework. This article argues that parliamentary intention has an important role to play within the modern statutory interpretation approach as adopted in Australia. Particularly, it is argued that an over-reliance upon statutory interpretation presumptions as a proxy for interpreting the legal meaning of statutes as opposed to an inquiry to discern parliamentary intention as informed by text, context, and purpose, leads to questionable interpretive results. Parliamentary intention is also consistent with the broader constitutional constraints as alluded by the High Court with respect to constitutional values such as the separation of powers between the judicial and legislative branch, and statutes being a product of an exercise of legislative power by democratically elected members of Parliament.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48107713","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":"The Use of Schedules in Legislation: Drafting Conventions, Constitutional Principle and Statutory Interpretation","authors":"James A. George","doi":"10.1093/SLR/HMAB014","DOIUrl":"https://doi.org/10.1093/SLR/HMAB014","url":null,"abstract":"","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/SLR/HMAB014","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43615280","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}
A specific offence of domestic abuse was introduced in Northern Ireland in March 2021 under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021. This represents a crucial development in Northern Ireland’s response to domestic abuse. The new legislation has the effect of criminalizing coercive and controlling behaviour, therefore bringing Northern Ireland into line with the other jurisdictions within the United Kingdom and Ireland, and also with relevant human rights standards. Being the final jurisdiction within the United Kingdom and Ireland to criminalize such behaviour has enabled Northern Ireland’s approach to be informed by the legislation enacted in the other jurisdictions and, in some respects, has allowed Northern Ireland to ‘cherry pick’ the best aspects of the approaches of these jurisdictions. There are also aspects of Northern Ireland’s domestic abuse offence which differ from the approaches in any of the other jurisdictions in question. However, although the enactment of the domestic abuse offence is certainly a very positive development, this will not constitute a complete panacea to the problem of domestic violence in Northern Ireland. Legislation in itself is insufficient as regards addressing domestic abuse, and further sustained efforts are necessary to tackle this issue.
{"title":"Northern Ireland’s New Offence of Domestic Abuse","authors":"R. McQuigg","doi":"10.1093/SLR/HMAB013","DOIUrl":"https://doi.org/10.1093/SLR/HMAB013","url":null,"abstract":"\u0000 A specific offence of domestic abuse was introduced in Northern Ireland in March 2021 under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021. This represents a crucial development in Northern Ireland’s response to domestic abuse. The new legislation has the effect of criminalizing coercive and controlling behaviour, therefore bringing Northern Ireland into line with the other jurisdictions within the United Kingdom and Ireland, and also with relevant human rights standards. Being the final jurisdiction within the United Kingdom and Ireland to criminalize such behaviour has enabled Northern Ireland’s approach to be informed by the legislation enacted in the other jurisdictions and, in some respects, has allowed Northern Ireland to ‘cherry pick’ the best aspects of the approaches of these jurisdictions. There are also aspects of Northern Ireland’s domestic abuse offence which differ from the approaches in any of the other jurisdictions in question. However, although the enactment of the domestic abuse offence is certainly a very positive development, this will not constitute a complete panacea to the problem of domestic violence in Northern Ireland. Legislation in itself is insufficient as regards addressing domestic abuse, and further sustained efforts are necessary to tackle this issue.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/SLR/HMAB013","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47056185","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}
Civil (non-conviction based) property forfeiture and confiscation laws are an important aspect of legal regimes for combating organized crime. Although they have recently gained notoriety, property confiscation regimes have been available in some legal system since time immemorial. Botswana has recently enacted the Proceeds and Instruments of Crime Act (PICA) as the main source of law against financial and organized crimes including terrorist financing, money laundering, and racketeering. Furthermore, PICA provides for the regulatory framework relating to both criminal and civil assets confiscation or forfeiture. This article examines the substantive provisions relating to non-conviction-based assets forfeiture in Botswana. It underscores the sanctity of private property rights as the basis of having both substantive and procedural aspects for their deprivation. Furthermore, this article highlights the existence and importance of interim measures available to the state pending the finalization of confiscation proceedings. The prevailing legislative regime attempts to balance the interests of property owners, third parties, and that of the state. This article concludes that the civil forfeiture regime in Botswana reflects the full domestication of international standards.
{"title":"The Analysis of Non-conviction-Based Property Confiscation and Forfeiture Regulatory Regime in Botswana","authors":"G. Mogomotsi","doi":"10.1093/slr/hmab012","DOIUrl":"https://doi.org/10.1093/slr/hmab012","url":null,"abstract":"\u0000 Civil (non-conviction based) property forfeiture and confiscation laws are an important aspect of legal regimes for combating organized crime. Although they have recently gained notoriety, property confiscation regimes have been available in some legal system since time immemorial. Botswana has recently enacted the Proceeds and Instruments of Crime Act (PICA) as the main source of law against financial and organized crimes including terrorist financing, money laundering, and racketeering. Furthermore, PICA provides for the regulatory framework relating to both criminal and civil assets confiscation or forfeiture. This article examines the substantive provisions relating to non-conviction-based assets forfeiture in Botswana. It underscores the sanctity of private property rights as the basis of having both substantive and procedural aspects for their deprivation. Furthermore, this article highlights the existence and importance of interim measures available to the state pending the finalization of confiscation proceedings. The prevailing legislative regime attempts to balance the interests of property owners, third parties, and that of the state. This article concludes that the civil forfeiture regime in Botswana reflects the full domestication of international standards.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45057720","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 paper considers the purposes and evolution of Interpretation Acts, including the following points: • how, as default law, they inform and interact with other legislation; • their scope as, and interaction with other, interpretation law (including links with interpretation legislation in related jurisdictions); • ways they can stop being, or fail to be, great law (that is, law that is accessible, fit for purpose, and constitutionally sound); • ways policy-makers and drafters can meet the challenges (in Te Reo Māori: ngā wero) of making them, and all the other law that interacts with them, great law.
{"title":"Interpretation Acts—Are They, and (How) Do They Make for, Great Law?","authors":"Ross Carter","doi":"10.1093/SLR/HMAB007","DOIUrl":"https://doi.org/10.1093/SLR/HMAB007","url":null,"abstract":"\u0000 The paper considers the purposes and evolution of Interpretation Acts, including the following points:\u0000 • how, as default law, they inform and interact with other legislation;\u0000 • their scope as, and interaction with other, interpretation law (including links with interpretation legislation in related jurisdictions);\u0000 • ways they can stop being, or fail to be, great law (that is, law that is accessible, fit for purpose, and constitutionally sound);\u0000 • ways policy-makers and drafters can meet the challenges (in Te Reo Māori: ngā wero) of making them, and all the other law that interacts with them, great law.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":" ","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44859738","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":"Legislation in Europe – A Country by Country Guide","authors":"D. Greenberg","doi":"10.1093/SLR/HMAB010","DOIUrl":"https://doi.org/10.1093/SLR/HMAB010","url":null,"abstract":"","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/SLR/HMAB010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41645918","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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