{"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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}
{"title":"The Renton Lecture 2020: Devolution and the Statute Book","authors":"W. J. Wolffe","doi":"10.1093/SLR/HMAB003","DOIUrl":"https://doi.org/10.1093/SLR/HMAB003","url":null,"abstract":"","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46726984","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}
One of the areas of cooperation between the BRICS countries is the joint solution of environmental problems, in particular, air and water pollution by harmful emissions, waste management, climate change, biodiversity conservation, as well as the implementation of joint ‘green’ environmental projects. The aim of the study is to identify the features of criminal environmental protection in the BRICS countries. The leading method for studying this problem is the method of analysis of legal acts of the Russian Federation, the Federative Republic of Brazil, the Republic of India, the People’s Republic of China, and the Republic of South Africa, which establish criminal liability for infringements in the field of environmental protection. As a result of the study, the norms contained in the Brazilian Law on Environmental Crimes, in the Criminal Code of Russia, China, as well as in the laws of India and South Africa, which protect the air, land, water, animal, and plant life, were studied. The practical significance of the study is determined by the necessity to introduce liability for environmental crimes in individual countries that are members of the BRICS. It was concluded that it is necessary to develop supranational provisions to ensure environmental protection by legal means.
{"title":"Legislative Regulation of Criminal Liability for Environmental Crimes in the BRICS Countries","authors":"L. V. Ivanova, R. Minin, Galina V. Perezhogina","doi":"10.1093/SLR/HMAB008","DOIUrl":"https://doi.org/10.1093/SLR/HMAB008","url":null,"abstract":"\u0000 One of the areas of cooperation between the BRICS countries is the joint solution of environmental problems, in particular, air and water pollution by harmful emissions, waste management, climate change, biodiversity conservation, as well as the implementation of joint ‘green’ environmental projects. The aim of the study is to identify the features of criminal environmental protection in the BRICS countries. The leading method for studying this problem is the method of analysis of legal acts of the Russian Federation, the Federative Republic of Brazil, the Republic of India, the People’s Republic of China, and the Republic of South Africa, which establish criminal liability for infringements in the field of environmental protection. As a result of the study, the norms contained in the Brazilian Law on Environmental Crimes, in the Criminal Code of Russia, China, as well as in the laws of India and South Africa, which protect the air, land, water, animal, and plant life, were studied. The practical significance of the study is determined by the necessity to introduce liability for environmental crimes in individual countries that are members of the BRICS. It was concluded that it is necessary to develop supranational provisions to ensure environmental protection by legal means.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/SLR/HMAB008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43268745","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 editorial team of the Israeli National Legislation Database endeavored to locate all the proclamations, ordinances, and ‘Orders in Council’ published from the beginning of the British military regime in Palestine to the last ‘hidden laws’ published in the waning days of the British Mandate. These documents complete the historical information on Israel state laws and shed light on the initial establishment of the legal and judicial system in Palestine, before the establishment of the State of Israel. In this paper, we describe the development of legislation under British regime, from 1917 to the establishment of the State of Israel in 1948. We introduce the three figures who played key roles in regulating the legislative system: Orme Bigland Clark, Norman Bentwich, and Sir Robert Harry Drayton, and describe the legislative process that was developed and the legislative procedures that prevailed at the time. The legal framework of this period, alongside the remaining Ottoman legislation, formed a solid basis for the legislative system and process for the Provisional State Council and subsequently, the Knesset.
{"title":"From Paper to Webpage: Legislation during the British Regime in Palestine in the Israeli National Legislation Database","authors":"Gali Ben-Or, Daphna Barnai, Ayelet Volberg","doi":"10.1093/SLR/HMAB006","DOIUrl":"https://doi.org/10.1093/SLR/HMAB006","url":null,"abstract":"\u0000 The editorial team of the Israeli National Legislation Database endeavored to locate all the proclamations, ordinances, and ‘Orders in Council’ published from the beginning of the British military regime in Palestine to the last ‘hidden laws’ published in the waning days of the British Mandate. These documents complete the historical information on Israel state laws and shed light on the initial establishment of the legal and judicial system in Palestine, before the establishment of the State of Israel. In this paper, we describe the development of legislation under British regime, from 1917 to the establishment of the State of Israel in 1948. We introduce the three figures who played key roles in regulating the legislative system: Orme Bigland Clark, Norman Bentwich, and Sir Robert Harry Drayton, and describe the legislative process that was developed and the legislative procedures that prevailed at the time. The legal framework of this period, alongside the remaining Ottoman legislation, formed a solid basis for the legislative system and process for the Provisional State Council and subsequently, the Knesset.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/SLR/HMAB006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44847279","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":"Parliamentary Oversight of the Executives – Tools and Procedures in Europe","authors":"D. Greenberg","doi":"10.1093/SLR/HMAB004","DOIUrl":"https://doi.org/10.1093/SLR/HMAB004","url":null,"abstract":"","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/SLR/HMAB004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46738950","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":"Putting the Genie Back in the Bottle: Can Statute Restore a Prerogative It Has Removed?","authors":"D. Greenberg","doi":"10.1093/SLR/HMAB005","DOIUrl":"https://doi.org/10.1093/SLR/HMAB005","url":null,"abstract":"","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2021-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/SLR/HMAB005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47903079","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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