Fifty Years of the Law Commissions

Author: Matthew Dyson
Publisher: Hart Publishing Limited
ISBN: 9781849468572
Format: PDF, ePub, Mobi
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This book brings together past and present law commissioners, judges, practitioners, academics and law reformers to analyse the past, present and future of the Law Commissions in the United Kingdom and beyond. Its internationally recognised authors bring a wealth of experience and insight into how and why law reform does and should take place, covering statutory and non-statutory reform from national and international perspectives. The chapters of the book developed from papers given at a conference to mark the fiftieth anniversary of the Law Commissions Act 1965.

The Work of the British Law Commissions

Author: Shona Wilson Stark
Publisher: Bloomsbury Publishing
ISBN: 1509906924
Format: PDF, ePub, Mobi
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The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.

Global Lawmakers

Author: Susan Block-Lieb
Publisher: Cambridge University Press
ISBN: 1107187583
Format: PDF, ePub, Docs
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Global lawmaking by international organizations holds the potential for enormous influence over world trade and national economies. Representatives from states, industries, and professions produce laws for worldwide adoption in an effort to alter state lawmaking and commercial behaviors, whether of giant multi-national corporations or micro, small and medium-sized businesses. Who makes that law and who benefits affects all states and all market players. Global Lawmakers offers the first extensive empirical study of commercial lawmaking within the United Nations. It shows who makes law for the world, how they make it, and who comes out ahead. Using extensive and unique data, the book investigates three episodes of lawmaking between the late 1990s and 2012. Through its original socio-legal orientation, it reveals dynamics of competition, cooperation and competitive cooperation within and between international organizations, including the UN, World Bank, IMF and UNIDROIT, as these IOs craft international laws. Global Lawmakers proposes an original theory of international organizations that seek to construct transnational legal orders within social ecologies of lawmaking. The book concludes with an appraisal of creative global governance by the UN in international commerce over the past fifty years and examines prospective challenges for the twenty-first century.

From House of Lords to Supreme Court

Author: James Lee
Publisher: Hart Pub Limited
ISBN: 9781849460811
Format: PDF, ePub, Docs
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In the UK, 2009 saw the Centenary of the Society of Legal Scholars and the transition of the House of Lords to the new Supreme Court. The papers presented in this book arise from a seminar organized jointly by the Society of Legal Scholars and the University of Birmingham to celebrate and reflect on these historic events. The papers consider a range of topics, including judicial reasoning and the interaction between judges, academics, and the professions over a century of transformation. The volume gathers leading authorities on the House of Lords in its judicial capacity, together with academics whose specialties lie in particular fields of law. The relationship between judge and jurist is, therefore, investigated from a variety of perspectives and jurisdictions. In focussing upon cases, the book takes the jurisprudence of the House of Lords seriously and contributes to the shared task of interpretative development of the law.

Healing Our Divided Society

Author: Fred Harris
Publisher:
ISBN: 9781439916025
Format: PDF, Kindle
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In 1968, the Kerner Commission concluded that America was heading toward "two societies, one black, one white--separate and unequal." Today, America's communities are experiencing increasing racial tensions and inequality, working-class resentment over the unfulfilled American Dream, white supremacy violence, toxic inaction in Washington, and the decline of the nation's example around the world. In Healing Our Divided Society, Fred Harris, the last surviving member of the Kerner Commission, along with Eisenhower Foundation CEO Alan Curtis, re-examine fifty years later the work still necessary towards the goals set forth in The Kerner Report. This timely volume unites the interests of minorities and white working- and middle-class Americans to propose a strategy to reduce poverty, inequality, and racial injustice. Reflecting on America's urban climate today, this new report sets forth evidence-based policies concerning employment, education, housing, neighborhood development, and criminal justice based on what has been proven to work--and not work. Contributors include: Oscar Perry Abello, Elijah Anderson, Anil N.F. Aranha, Jared Bernstein, Henry G. Cisneros, Elliott Currie, Linda Darling-Hammond, Martha F. Davis, E. J. Dionne, Jr., Marian Wright Edelman, Delbert S. Elliott, Carol Emig, Jeff Faux, Ron Grzywinski, Michael P. Jeffries, Lamar K. Johnson, Celinda Lake, Marilyn Melkonian, Gary Orfield, Diane Ravitch, Laurie Robinson, Herbert C. Smitherman, Jr., Joseph Stiglitz, Dorothy Stoneman, Kevin Washburn, Valerie Wilson, Gary Younge, Julian E. Zelizer, and the editors

New Directions for Law in Australia

Author: Ron Levy
Publisher: ANU Press
ISBN: 1760461423
Format: PDF, ePub, Docs
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For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.

Good Medical Practice

Author: Kerry J. Breen
Publisher: Cambridge University Press
ISBN: 9780521183413
Format: PDF
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Good Medical Practice: Professionalism, Ethics and Law brings together information that is central to the professional, ethical and legal requirements of being a doctor. It covers a core curriculum for medical students, doctors in training and international medical graduates preparing for the Australian Medical Council examinations. A useful guide for busy doctors, giving sound advice for issues that arise in practice, ensuring that all approaches meet professional standards. Effective and compassionate practice depends equally upon good communication skills, an empathetic attitude, truthfulness, self-reflection and an awareness of the responsibilities arising under relevant laws. Good Medical Practice encapsulates these attributes and includes practice management, inter-professional relationships, sexual misconduct, complaints processes, the Australian health care system and doctors' health within its broad and comprehensive purview. Written by specialist practitioners with vast teaching experience, this is a unique, timely and accessible text that reinforces a contemporary focus on professionalism in medical practice.

Abortion Law in Transnational Perspective

Author: Rebecca J. Cook
Publisher: University of Pennsylvania Press
ISBN: 0812209990
Format: PDF, ePub
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It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.

Kenya Justice Sector and the Rule of Law

Author: PK Mbote
Publisher: African Minds
ISBN: 1920489185
Format: PDF, ePub, Mobi
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The premise of this report is based on Kenya's policy blueprint, Vision 2030, which places rule of law at the center of its goals. It was commenced at the same time as the nation was recuperating from the post-election poll, which resulted in many Kenyans expressing disappointment at the nation's democratic institutions. The study, produced by AfriMAP and the Open Society Initiative for Eastern Africa, examines and makes recommendations for the following topics: justice sector and rule of law; legal and institutional framework; government track record in respect to rule of law; management of the justice system; independence of the bench and bar; criminal justice; access to justice; and the role of donor agencies.