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Law and Policy Framework Governing Wastewater (Reuse) Management in India Statute Law Review Pub Date : 2024-03-19 A Saravanan
Freshwater resources are becoming scarce and severely affected due to urbanization and industrial pollution. The per capita water supply to every Indian household is getting lesser than the recommended level. In this scenario, wastewater is considered as a new source of water supply for agriculture, industrial use, etc. Apart from the water laws, the government also adopted various policies and schemes
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An Analysis of the Legislative Protection for Journalists and Lawyers Under Zimbabwe’s Interception of Communications Act Statute Law Review Pub Date : 2024-03-16 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
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Bilingual Law in Wales (and England): The Implications of Law Being Made in Two Languages Statute Law Review Pub Date : 2024-03-07 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
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Bilingual Statutory Interpretation and the United Kingdom: Domestic Law and International Experiences Statute Law Review Pub Date : 2024-02-27 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
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Policy Responses To Fake News On Social Media Platforms: A Law And Economics Analysis Statute Law Review Pub Date : 2024-02-27 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
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The Corporate ‘Failure to Prevent’ Principle in the UK Bribery Act 2010: Philosophical Foundations of Economic Crime Statute Law Review Pub Date : 2024-02-25 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
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The Right to Citizenship of Rohingya Children of Bangladeshi Descent Under International Human Rights Law Statute Law Review Pub Date : 2024-02-25 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
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Reassessing Proportionality: Implied Limitations and Judicial Review under Section 6 of the British Nationality Act 1981 Statute Law Review Pub Date : 2024-02-25 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
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Textualism as a Theory of Interpretation of Legal Norms in the Context of Doctrinal Views Statute Law Review Pub Date : 2024-02-17 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
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Judicial Review Challenges to Secondary Legislation in England and Wales: Courting Controversy Statute Law Review Pub Date : 2024-02-17 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
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The Legislative Process and Regulatory Interventions in the Greek Democracy: Deep-Rooted Weaknesses and Recommendations for Improvement Statute Law Review Pub Date : 2024-01-30 Panagiotis E Petrakis
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
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Better Regulation and its Evolution in the Hellenic Legislative and Parliamentary System Statute Law Review Pub Date : 2024-01-20 Fotios Fitsilis, Georgios Theodorakopoulos
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
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The Discrimination and Anomaly in the Property Rights of Indian Women Statute Law Review Pub Date : 2024-01-20 Aditya Suswaram
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
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Implementation of EU Regulations in Czechia Statute Law Review Pub Date : 2024-01-10 Markéta Whelanová
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
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The Committee for Quality Evaluation of the Law Making Process in Greece: Another One Law Drafting Committee or Something More? Statute Law Review Pub Date : 2024-01-10 Spyridon Vlachopoulos
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
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The Use of Lay Drafts as Drafting Instructions: A Case Study of Nigeria Statute Law Review Pub Date : 2024-01-02 Michael Habila Dauda
Lay drafts as used in Nigeria are erroneously thought to speed up the drafting process but they are insufficient as drafting instruction and they reduce the quality and effectiveness of legislation. Good drafting instructions will lead to good legislation while bad drafting instructions will lead to the drafter’s failure to grasp the fundamentals of the policy, and failure to get the draft right, and
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Mauritius Responds to its ‘Grey-Listing’ by the Financial Action Task Force Through Statutes: An Informative Review Statute Law Review Pub Date : 2023-12-19 Bhavna Mahadew
This article reviews the statutory response given by Mauritius to its ‘grey-listing’ by the Financial Action Task Force (FATF). It analyses the various legislations that the government had to amend or create to become compliant with the international standards set by the FATF in the wake of combating money laundering and financing of terrorism. The statutory response of Mauritius to its grey-listing
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Standard Essential Patents: Returning to the Basics on Unwired v Huawei Statute Law Review Pub Date : 2023-12-19 Soumya Prakash Patra
Standard essential patents have become an extremely crucial element in developing modern technologies and standardization processes. This article examines the importance of standardization and standard essential patents in developing technologies and their effect on the legal jurisprudential environment. The introduction emphasizes the role of standardization in promoting the adoption of various essential
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The Right to Silence Under Scrutiny: Unveiling the Significance of Section 313 of the Code of Criminal Procedure of India Statute Law Review Pub Date : 2023-12-19 Vaibhav Chadha, Deepali Poddar
The often-overlooked provision of criminal law, which holds significant importance is section 313 of the Code of Criminal Procedure 1973. Section 313 grants the accused an opportunity to provide their statement, ensuring their right to be heard and preventing self-incrimination. This article explores the background, evolution, and objectives of section 313 CrPC, as well as its alignment with the principles
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The President’s Role(s) in the Law-Making Process in Uganda Statute Law Review Pub Date : 2023-12-18 Jamil Ddamulira Mujuzi
Articles 79(1) and (2) of the Constitution of Uganda provide that subject to the provisions of the Constitution, only Parliament or a person or body authorized by Parliament, has the power to make laws. Article 91 provides ways in which the President participates in the law-making process. I examine the Hansard of the 10th Parliament of Uganda (May 2016—May 2021) to demonstrate how the President invoked
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How Will the Retained EU Law (Revocation and Reform) Act 2023 Affect the Principle of EU-Law Conforming Construction in UK Law? Statute Law Review Pub Date : 2023-12-09 Fabian Barth
Following prolonged political controversy, the provisions from the initial Retained EU Law (Revocation and Reform) Bill which abolish general principles of EU law, as well as its supremacy, have been enacted. This article investigates whether this is likely to affect the principle of EU-law conforming construction, and contemplates three scenarios how EU-derived UK law might be interpreted in the future
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Disclosure in Civil Proceedings in the UK and Kazakhstan: Comparative Analysis Statute Law Review Pub Date : 2023-11-28 Aizhan Satayeva
The relevance of the chosen problem is conditioned by the need to develop theoretical ideas about the institution of disclosure of documents in the civil procedural legislation of the Republic of Kazakhstan, considering the experience of the UK, which will emphasize the potential of this measure to improve procedural discipline and ensure legal certainty in making court decisions and increase the level
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The Problem of Interpretive Canons Statute Law Review Pub Date : 2023-04-04 David Tan
In this paper it is shown that interpretive canons are either constitutionally invalid because of the principles of interpretation it establishes, or a theory of interpretation can be made to be inconsistent: where a theory of interpretation says do p, then a new canon can say do not-p. This is called the Canon Dilemma. Whichever horn of the dilemma is taken as acceptable (accept invalidity or possible
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Effectiveness Does Not Always Equate to Legislative Quality: The Case of the 15th Parliamentary Term in Greece Statute Law Review Pub Date : 2023-04-04 Ioannis Primpas
In the scientific debate about what quality means in legislation, the opinion has spread that legislation of good quality is synonymous with effective legislation. This article discusses that effectiveness does not always equate to legislative quality. The example of the 15th parliamentary term in Greece, amid the acute debt crisis, is typical. The most intense and numerous phenomena of ‘bad’, unconstitutional
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Legal Gaps: Concept, Content, Problems of the Role of Legal Doctrine in Overcoming them Statute Law Review Pub Date : 2023-01-12 Anatoliy Kostruba, Mykola Haliantych, Svitlana Iskra, Andrii Dryshliuk
The presented article considers the essence and content of the most common defect in legal science—“legal gaps”. This study presents various scientific approaches to the definition of legal gaps. Considering various scientific approaches, the authors of this study formulated their original version of this concept considering its absence from the theory of penitentiary law. The study analyses the main
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COVID-19 Stay at Home Restrictions and the Interpretation of Emergency Powers: A Comparative Analysis Statute Law Review Pub Date : 2022-11-15 Bruce Chen
The COVID-19 pandemic has created immense challenges for governments in their management of the public health response and tested the limits of public law. This article undertakes a comparative analysis of the common law jurisdictions of the United Kingdom, New Zealand, and Australia. It discusses the imposition of ‘stay at home’ restrictions pursuant to public health legislative frameworks, focusing
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The Investigatory Powers Act 2016 and Connected Vehicles: A New Form of Panspectric Veillance Looming? Statute Law Review Pub Date : 2022-04-26 James Marson,Matthew White,Katy Ferris
Abstract Connected and autonomous vehicles (CAVs) currently exist in varying states of readiness to, at one end of the spectrum, assist the driver in normal driving activities and at the other operate in fully autonomous mode, requiring no driver input at all. In facilitating these features, CAVs create, give access to, and allow communication of the data produced. The further along the autonomous
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Wide of the Mark? Are Targeted Anti-Avoidance Rules in UK Tax Legislation Doing Their Job? Statute Law Review Pub Date : 2022-03-30 Elizabeth Keeling
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Learning the Ropes of Tatparya: Revival of the Mimansa Rules of Interpretation Statute Law Review Pub Date : 2022-03-21 Krishna Agarwal
Abstract The primary task of the judiciary while interpreting the statute is to ascertain the true intention of the legislature. Maxwell on the interpretation of Statutes, setting out the principles evolved by the English Courts, is of immense help in the interpretation of statutes. An indigenous alternative that has been used by the Indian judiciary time and again is the Mimansa Rules which are the
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The Avoidance of Circularity Statute Law Review Pub Date : 2022-02-01 Greenberg D.
One of the earliest and most basic lessons that a legislative drafter learns is that circularity in a definition must be avoided at all costs because it literally renders the definition meaningless.
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Persistence of the ‘Codeless Myriad’: The Indian Contract Act and a Puzzle Surrounding Common Law Codification Statute Law Review Pub Date : 2021-12-31 Shivprasad Swaminathan
The drafters of the Indian Contract Act, 1872 modelled the code after the will theory and deviated from the English law in a number of areas where it ran counter to the will theory. However, when one fast-forwards by a century, one finds that the Indian courts ended up construing the Act a way that it has come to be virtually indistinguishable from English contract law, warts and all. This article
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COVID-19 and the Rule of Law Statute Law Review Pub Date : 2021-10-14 Daniel Greenberg
The need to pass emergency legislation invariably and inevitably places special strains on the rule of law. In particular, difficult balances need to be struck between protecting public health and safety and limiting the intrusive effects of legislation so as to protect Convention human rights and other common law fundamental rights. Apart from substantive law, the processes of emergency legislation
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Comparative Multidisciplinary Perspectives on Omnibus Legislation Statute Law Review Pub Date : 2021-10-14 Daniel Greenberg
Bar-Siman-TovIttai (ed). Comparative Multidisciplinary Perspectives on Omnibus Legislation, 2021. ISBN: 978-3-030-72748-2
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‘Authorized to Depart from the Law’ Statute Law Review Pub Date : 2021-09-08 Duc Tien Nguyen
The COVID-19 pandemic has posed myriad brain-wracking questions to decision-makers at all levels. Viet Nam managed to curb mortality and morbidity to praiseworthy levels in the past COVID-19 waves, however, has now had its back against the wall amidst the recent exponential infection cases and draining medical resources. For swiftly flattening the curve, the legislature authorized the Government to
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The Plain Meaning Rule: A Quibble about Nomenclature and a Lot More Statute Law Review Pub Date : 2021-09-08 Bilika H Simamba
In the Cayman Islands, a British Overseas Territory, the proper understanding of the plain meaning rule (or literal rule) of statutory interpretation remains unclear. In its most basic iteration, the rule states that, where a statute is clear and unambiguous, the words must be given their natural and ordinary signification; there is no room for interpretation. That notwithstanding, to this day, even
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How Do Statutes ‘Speak’ in Recent Technology Advancement Cases? Statute Law Review Pub Date : 2021-07-25 Samuel Yee Ching Leung
The focus of this article is the well-known statutory construction principle ‘a statute is always speaking’. This principle has a long history and has been applied in numerous cases. It has always been said that social changes are rapid, and the judges may need to give an ‘updated’ reading to a statute because legislative drafters just did not (and could not) foresee everything. However, as time goes
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Epilogue Statute Law Review Pub Date : 2021-07-17 Thomas Curr
Since completing the initial version of this article, the author has become aware of some recent language from the English Court of Appeal, suggesting that facts, affecting sentence within the applicable statutory range, have to be proven beyond a reasonable doubt.
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The Case for and against (Re-)arming Parliament Statute Law Review Pub Date : 2021-06-18 Daniel Greenberg
Although Select committees have been used by the House of Commons for centuries for a range of different purposes involving the gathering of information and the publication of reports, the present system of a set of Committees each of which is tasked with monitoring the business of a different government department was established as recently as 1979.
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The Lexicon of Self-Driving Vehicles and the Fuliginous Obscurity of ‘Autonomous’ Vehicles Statute Law Review Pub Date : 2021-06-17 James Marson, Katy Ferris
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
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Of Landlords and Tenants: Property in the Midst of a Pandemic Statute Law Review Pub Date : 2021-06-11 Edward S W Ti
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
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Preventing and Combating Corruption in the European Union: The Practice of Member States Statute Law Review Pub Date : 2021-05-24 Maryna О Dei, Iryna S Skliar, Anatolii Ie Shevchenko, Andriy Cherneha, Oleksii 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
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The Use of Schedules in Legislation: Drafting Conventions, Constitutional Principle and Statutory Interpretation Statute Law Review Pub Date : 2021-05-17 James George
In R (Maughan) Her Majesty’s Senior Coroner for Oxfordshire,11 the Supreme Court resolved the important question of whether an inquest jury must be satisfied to the civil or criminal standard of proof before concluding that a person has committed suicide. In doing so, the Court had to assess the significance of a note to a form set out in a Schedule to a statutory instrument. The decision is interesting
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Parliamentary Oversight of the Executives – Tools and Procedures in Europe Statute Law Review Pub Date : 2021-02-22 Greenberg D.
GriglioElena. Parliamentary Oversight of the Executives – Tools and Procedures in Europe. Hart Publishing, 2020, Volume 4 in the series Parliamentary Democracy in Europe. ISBN 978-1-5099-2568-1
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Northern Ireland’s New Offence of Domestic Abuse Statute Law Review Pub Date : 2021-04-19 Ronagh J A McQuigg
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
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Legislation in Europe – A Country by Country Guide Statute Law Review Pub Date : 2021-04-13 Daniel Greenberg
KarpenUlrich and XanthakiHelen. Legislation in Europe – A Country by Country Guide, 2020. Hart Publishing. ISBN: 9781509924714
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The Renton Lecture 2020: Devolution and the Statute Book Statute Law Review Pub Date : 2021-04-07 W James Wolffe
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Parliamentary Intention: Deciphering Its Role in Statutory Interpretation in the Australian Constitutional Context Statute Law Review Pub Date : 2021-04-04 Ki On Alex Wong
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
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The Analysis of Non-conviction-Based Property Confiscation and Forfeiture Regulatory Regime in Botswana Statute Law Review Pub Date : 2021-04-03 Goemeone E J Mogomotsi
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
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Putting the Genie Back in the Bottle: Can Statute Restore a Prerogative It Has Removed? Statute Law Review Pub Date : 2021-02-19 Greenberg D.
The UK Government has published a draft Fixed-term Parliaments Act 2011 (Repeal) Bill (‘the Draft Bill’),11 which is presently being given pre-legislative scrutiny by a Joint Committee of both Houses of Parliament.22
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From Paper to Webpage: Legislation during the British Regime in Palestine in the Israeli National Legislation Database Statute Law Review Pub Date : 2021-02-20 Gali Ben-Or, Daphna Barnai, Ayelet Volberg
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
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Interpretation Acts—Are They, and (How) Do They Make for, Great Law? Statute Law Review Pub Date : 2021-02-18 Ross Carter
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
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Civil Liability Institution in Ukraine through the Lens of Reform and European Integration Processes Statute Law Review Pub Date : 2021-01-21 Nataliia S Kuznietsova,Oleksii O Kot,Mykhailo M Khomenko
Abstract Modern aspirations of Ukraine for European integration, the impact of globalization, and innovative technologies are the driving force on the path of reforming the national legal system. In this regard, issues concerning the modernization of the civil liability have recently become of significant importance. This article is aimed at analysing modernization of Ukrainian civil liability and
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PMLA 2002’s Gremlins: Anatomizing the Labyrinth of Recent Amendments and Precedent Statute Law Review Pub Date : 2021-01-13 Jaideep Singh Lalli, Nikita Garg
Enacted to regulate the incubus of organized crime, India’s Prevention of Money Laundering Act has quickly degenerated into interpretative chaos, with conflicting judicial opinions straining its otherwise sound provisions. Instead of chastening statutory mercuriality, close to eleven amendments to the Act have only fuelled incertitude further. The most damaging feature of the PMLA’s disarray is that
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Manifesting the Consistency in the Application of ‘Manifest Arbitrariness Doctrine’ Statute Law Review Pub Date : 2021-01-04 Vasu Aggarwal
Manifest Arbitrariness Doctrine is perhaps the most important legal development of the decade for India. It is a standard that includes anything done by the legislature capriciously, irrationally and/or without adequate determining principle, excessively or disproportionately. It is being increasingly used to strike down plenary legislation under Article 14. However, there is no clarity on its application
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A Thankfully Wide Sea between England and Apprendi-Land Statute Law Review Pub Date : 2020-12-28 Thomas Curr
ABSTRACT This article uses the US Supreme Court’s line of cases beginning with Apprendi v. New Jersey to illuminate territory in which English law, in comparison to American law, is comparatively underdeveloped—currently affording a Newton-style hearing only where a guilty plea obliterates any previous evidence. This need not be so. Both before and after Apprendi, US federal and state courts have implemented
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Pre-constitutional Laws in India: Beyond Presumption of Constitutionality Statute Law Review Pub Date : 2020-12-21 Snehil Kunwar Singh
Abstract Recent judgements of the Supreme Court of India have done away with presumption of constitutionality for pre-constitutional laws in India. Regarded as one of the core principles in the study of interpretation of statutes, presumption of constitutionality assumes great significance when constitutionality of any law is under challenge. Removal of this presumption for pre-constitutional laws
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Legislative Design of Director’s Responsibility in India: In Search of Clarity Statute Law Review Pub Date : 2020-12-07 M Deva Prasad,Salamah Ansari,Shannu Narayan
Abstract Indian Companies Act, 2013 addresses the director’s responsibility through specific statutory provisions. While highlighting certain nuances in the legislative design, the article argues for more clarification for the director’s responsibility, specifically for non-executive and independent directors. The normative contribution of this article stresses the need to reform the existing statutory
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Implementation of CSR Legislation in India through the Lens of Its Beneficiaries: A Case Study of Malwa Region, Punjab, India Statute Law Review Pub Date : 2020-10-20 Nishant Kumar,Deepak Kumar Chauhan
Abstract This study examines how the Indian CSR law has been implemented and enforced by companies and industries situated in the Malwa region of Punjab state in India. Malwa region, one of the most industrialized clusters of the state, is also simultaneously one of its most polluted areas. Given the severe health effects that these polluting industries cause, implementing the law on CSR in its true
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Humpty Dumpty Rides Again: Using Voluntary Guidance to Fill Gaps in Legislation Statute Law Review Pub Date : 2020-10-20 Greenberg D.
It was an excellent demonstration of the helpful symbiosis between government and Parliament in the service of the rule of law that in the Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) Regulations 2020,11 the Government responded quickly to certain defects identified and reported on by the Joint Committee for Statutory Instruments; so quickly
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Lord Burrows on Legislative Intention, Statutory Purpose, and the ‘Always Speaking’ Principle Statute Law Review Pub Date : 2020-10-16 Goldsworthy J.
AbstractIn his 2017 Hamlyn Lectures, Professor (now Lord) Burrows set out his opinions about statutory interpretation. Given his recent appointment to the UK Supreme Court, these opinions now have more practical importance than those of most academic theorists. One of his main theses is that the modern approach to statutory interpretation, which focuses on text, context and purpose, should not include