Journal articles on the topic 'England and Wales. Laws, statutes'
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1
Marshall, Kim. "Disability Discrimination and Higher Education in England and Wales and Australia Compared." International Journal of Discrimination and the Law 6, no. 4 (June 2005): 289–324. http://dx.doi.org/10.1177/135822910500600403.
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In its original form the provisions of the UK Disability Discrimination Act 1995 (DDA) contained little of practical help to students with disabilities. This situation was rectified when the Special Educational Needs and Disabilities Act (SENDA) was passed in 2001 becoming the new Part 4 of the DDA. From 2002 legal duties not to discriminate against students with disabilities came into effect. In the Commonwealth of Australia a very different attitude towards disability discrimination has been demonstrated by having legislation to combat disability discrimination in place since 1992, which included specific provisions on education from the outset. The purpose of this article is to examine the approach taken in both jurisdictions towards the use of the anti-discrimination statutes and consider the effectiveness of the legislation in preventing discrimination on the ground of disability in higher education. The paper will examine points of similarity and divergence in the respective systems regarding the application of anti-disability discrimination laws to higher education as well as look to the longer established jurisprudence of the Australian courts for potential guidance that may be helpful to the nascent Part 4 of the DDA and the types of issues that may arise.
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Mason, Nicholas. "“THE SOVEREIGN PEOPLE ARE IN A BEASTLY STATE”: THE BEER ACT OF 1830 AND VICTORIAN DISCOURSE ON WORKING-CLASS DRUNKENNESS." Victorian Literature and Culture 29, no. 1 (March 2001): 109–27. http://dx.doi.org/10.1017/s1060150301291074.
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ION JULY 23, 1830, Parliament passed “An Act to permit the general Sale of Beer and Cyder by Retail in England.” Commonly known as the Beer Act of 1830, this law called for a major overhaul of the way beer was taxed and distributed in England and Wales. In place of a sixteenth-century statute that had given local magistrates complete control over the licensing of brewers and publicans, the Beer Act stipulated that a new type of drinking establishment, the beer shop, or beer house, could now be opened by any rate-paying householder in England or Wales (Scotland and Ireland had their own drink laws). For the modest annual licensing fee of two guineas, rate-payers in England could now purchase a license to brew and vend from their own residence.1
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Doe, Norman. "The Church in Wales and the State: A Juridical Perspective." Journal of Anglican Studies 2, no. 1 (June 2004): 99–124. http://dx.doi.org/10.1177/174035530400200110.
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ABSTRACTIn 1536 Wales (Cymru) and England were formally united by an Act of Union of the English Parliament. At the English Reformation, the established Church of England possessed four dioceses in Wales, part of the Canterbury Province. In 1920 Parliament disestablished the Church of England in Wales. The Welsh Church Act 1914 terminated the royal supremacy and appointment of bishops, the coercive jurisdiction of the church courts, and pre-1920 ecclesiastical law, applicable to the Church of England, ceased to exist as part of public law in Wales. The statute freed the Church in Wales (Yr Eglwys yng Nghymru) to establish its own domestic system of government and law, the latter located in its Constitution, pre-1920 ecclesiastical law (which still applies to the church unless altered by it), elements of the 1603 Canons Ecclesiastical and even pre-Reformation Roman canon law. The Church in Wales is also subject to State law, including that of the National Assembly for Wales. Indeed, civil laws on marriage and burial apply to the church, surviving as vestiges of establishment. Under civil law, the domestic law of the church, a voluntary association, binds its members as a matter of contract enforceable, in prescribed circumstances, in State courts.
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Hetherton, Tony, and Jennifer Charlson. "When statutes collide: potential recovery of own party adjudication costs." International Journal of Law in the Built Environment 7, no. 3 (October 12, 2015): 214–30. http://dx.doi.org/10.1108/ijlbe-12-2014-0036.
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Purpose – This paper aims to examine the potential recovery of own party adjudication costs under the Late Payment of Commercial Debts Regulations 2013. The investigation directly applies to England and Wales, but may be relevant to other jurisdictions. Design/methodology/approach – The interaction between The Late Payment of Commercial Debts Regulations 2013 (derived from European Directive 2011/7/EU on combating late payment in commercial transactions) and the Local Democracy et al. 2009 including reference to case law was explored. A qualitative research framework was used to collect primary data through semi-structured interviews with experienced construction industry adjudication professionals. Findings – It was discovered that adjudicators are awarding own party costs under the Regulations, but there was disagreement on the issues in both the literature and amongst the interviewees. Research limitations/implications – A definitive judgment is awaited from the Technology and Construction Court. Originality/value – This paper will be of value to construction industry adjudication professionals.
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Roberts, Pauline, and Lucy Vickers. "Harassment at Work as Discrimination: The Current Debate in England and Wales." International Journal of Discrimination and the Law 3, no. 2 (September 1998): 91–114. http://dx.doi.org/10.1177/135822919800300202.
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In 1996–97 there were a number of significant decisions which extended the scope of employers' liability for sexual and racial harassment at work, based upon the provisions of the Sex Discrimination Act 1975 and the Race Relations Act 1976. This article seeks to analyse the impact of these recent cases. It began by considering the relationship between the concepts of ‘harassment’ and ‘discrimination’ and the problems inherent in using the anti-discrimination legislation to deal with harassment and bullying at work; we then focus on the recently demonstrated ‘purposive’ approach of the Employment Appeal Tribunal and Court of Appeal in interpreting the statutes and consider how this combats the weaknesses identified. Alternative forms of relief will be briefly considered, in particular the recently enacted Protection from Harassment Act 1997. The authors, while welcoming the recent decisions, argue that there are some victims of bullying who remain outside the protection of the existing anti-discrimination legislation (as they do not fall within any of the groups identified for protection), notwithstanding the robust advances of the EAT. We suggest that the Protection from Harassment Act may not completely fill this gap.
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Moran, Clare Frances. "A Comparative Exploration of the Defence of Duress." Global Journal of Comparative Law 6, no. 1 (February 27, 2017): 51–76. http://dx.doi.org/10.1163/2211906x-00601003.
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This work examines the defence of duress, as codified in the Rome Statute, from the perspective of four domestic jurisdictions in order to determine whether it can be applied at the international level for crimes against the person. The laws of England and Wales, France, Germany, and South Africa are examined because of their influence in other countries and also because of their representations of civil and common law systems. The purpose of this analysis is to add to the debate about the defence of duress and to provide a fresh perspective on this contentious issue by examining how domestic jurisdictions deal with crimes committed under duress.
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Gledhill, Kris. "The role of capacity in mental health laws - recent reviews and legislation." International Journal of Mental Health and Capacity Law, no. 20 (September 8, 2014): 127. http://dx.doi.org/10.19164/ijmhcl.v0i20.272.
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The context in which the Szmukler et al proposal is put forward is the several reviews in the different jurisdictions in the United Kingdom and in Ireland, which have led to capacity becoming a central feature in relation to civil detention in Scotland and in Ireland, and which may well lead to it becoming a central feature in Northern Ireland, though efforts to achieve the same in England and Wales were rejected. For forensic patients, however, capacity is not prominent, and the proposal made goes further than recent legislative amendments and debates have contemplated. These are set out in the order in which they occurred: the Richardson Committee review of the English statute, then the amendments in Scotland, followed by those in Ireland (which pre-dated those in Scotland but came into effect later); next was the action that was eventually taken in relation to the English statute, and finally there are the proposals as to what to do in Northern Ireland. The latter is the only one that comes close to the proposals of Szmukler and others, which they acknowledge in their paper.
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Donnelly, Mary, and Maeve McDonagh. "Keeping the secrets of the dead? An evaluation of the statutory framework for access to information about deceased persons." Legal Studies 31, no. 1 (March 2011): 42–70. http://dx.doi.org/10.1111/j.1748-121x.2010.00168.x.
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In England and Wales, the question of access to information about deceased persons is determined under two separate statutes: the Access to Health Records Act 1990 and the Freedom of Information Act 2000. This paper examines the normative and legal issues raised by access to information about the dead and evaluates the statutory framework. It draws on philosophical and legal sources which support the claim that the dead are owed a moral and legal duty of confidence. However, it also shows that this is not an absolute duty and it identifies the public and private justifications which favour the provision of access to information about the dead. It argues that the current statutory framework is excessively restrictive and that it fails to provide an appropriate context within which interests favouring access may be considered. Accordingly, it argues that the law needs to be reformed and that a specific legislative framework dealing with access to information about the dead should be introduced. The paper concludes by setting out some preliminary suggestions regarding the possible form of such a legislative framework.
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Brazier, Rodney. "The Constitution of the United Kingdom." Cambridge Law Journal 58, no. 1 (March 1999): 96–128. http://dx.doi.org/10.1017/s0008197399001063.
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BEFORE the dawn of the millennium new legislative and executive authorities will have been established in Edinburgh, Cardiff and (subject to further political and other progress) in Belfast. This article analyses the nature of these constitutional initiatives, and examines their place in the unitary state which is the United Kingdom. It begins by tracing the history of constitutional union between England, Wales, Scotland, and Ireland. The legal effect of the 1998 devolution statutes is examined, in particular on the legal sovereignty of the United Kingdom Parliament. A triple constitutional and legal lock exists in the Scotland Act 1998 to ensure that the devolution settlement is the final step away from the pure unitary state which has enfolded Scotland in Great Britain. The nature and likely success of that lock are analysed in some detail. The lawmaking powers of the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly are assessed. The similarities and differences between each of the three devolved governments and the British Government are highlighted, and consequences and possible lessons for future government-making at Westminster are drawn. The article concludes with a peer into the possible constitutional futures for the United Kingdom.
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Sanzhara, Oleksandr. "PROBATION: ORIGIN AND FORMATION." Criminalistics and Forensics, no. 68 (July 3, 2023): 292–301. http://dx.doi.org/10.33994/kndise.2023.68.29.
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The elements of probation that were in Roman criminal law in 450 BC are analyzed. from the moment of the conclusion of the legal act «Laws of the XII Tables», «Justice of the Rus», in which the norms of Rus customary law, the Lithuanian statutes of the period of the XV-XVI centuries, as well as the norms of criminal law set forth in the book of the first volume XV of the «Code of Laws» were codified Russian Empire. The first cases of probation in the USA and Great Britain are being studied, in particular, the first manifestations of probation applied by D. Augustus in the USA, as well as the Law «On Probation for Minors» was adopted in 1901 within the US state, the Federal Law «On Probation» was adopted in the USA in 1925 the Probation of Offenders Act was introduced into the law of England and Wales in 1907. Further steps in the development of probation and its transformation into a fullfledged punishment (its replacement) are consistently analyzed, which can be used in certain cases as an alternative to imprisonment. An opinion is given on the need to divide the history of the development of probation into stages that led to the emergence of the institution and the term probation in the countries of the Anglo-Saxon system of law, as well as the subsequent stages in the formation of the modern model of probation in the world. In the article, the author proposes its own periodization of the stages of development of this institution, in which the first three stages refer to the period of development of the elements of criminal influence characteristic of the application of probation, and the next three characterize the process of the emergence of the concept and the consistent development of the institution of probation. Such stages are proposed to be considered in the following sequence: Starting from prehistoric times and ending with the period of antiquity. The period of the Middle Ages, beginning with the publication of «Justice of the Rus» and ending with the period of application of the Lithuanian charters, which lasted until the first half of the 17th century. The times when Ukraine belonged to Russia as an autonomy (the second half of the 17th – the 18th century). Emergence and implementation in the USA and Great Britain at the end of the 17th century. early 19th century concept of probation. The middle of the XIX-XX, characterized by the development of the institution of probation, the formation of an opinion on the possibility of its application instead of the main type of punishment. Modern period of independence and development of criminal law, in particular the institution of probation.
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Warbrick, Colin, Dominic McGoldrick, and Robert Cryer. "II. Implementation of the Criminal Court Statute in England and Wales." International and Comparative Law Quarterly 51, no. 3 (July 2002): 733–43. http://dx.doi.org/10.1017/s0020589300066331.
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Although a few States ratified the Rome Statute for the International Criminal Court1 soon after it was promulgated, the UK decided to prepare and pass implementing legislation prior to submitting its ratification. In England and Wales (and Northern Ireland),2 the ICC Statute is implemented by the International Criminal Court Act 2001,3 which came fully into force on 1 September 2001.4 The UK ratified the ICC Statute on 4 October 2001, fulfilling its aim of being amongst the first sixty States to do so.5 The Act has two major purposes, to ensure that the UK is able to co-operate fully with the International Criminal Court (ICC), and to enact into domestic law the substantive offences the ICC may assert jurisdiction over when it comes into being.6 It is the purpose of this note to introduce the Act and point to some interesting issues that may arise in the future.
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Allen, Danny. "Understanding community care law in England and Wales." Advances in Psychiatric Treatment 15, no. 6 (November 2009): 428–33. http://dx.doi.org/10.1192/apt.bp.108.006056.
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SummaryAlthough psychiatrists in England and Wales are generally familiar with the Mental Health Act 1983 and the Mental Capacity Act 2005, there is a body of law that is available to assist patients in the community with which they are generally less familiar. There are two main reasons for this. The first is that it is a rather confused amalgam of different statutes and case law affecting each other in ways that are less than clear. The other is that the care programme approach (CPA) was meant to cut through all this and make care provision straightforward. In fact, the latter has never been the case and community care law has always sat uneasily alongside the CPA, but in October 2008 the CPA was withdrawn from some patients with mental health problems. This article explains what is meant by community care law and how psychiatrists can use it to help their patients.
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Crosby, Kevin. "Restricting the Juror Franchise in 1920s England and Wales." Law and History Review 37, no. 1 (February 2019): 163–207. http://dx.doi.org/10.1017/s0738248018000639.
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This article argues that the juror franchise became more restrictive in the years immediately after the Sex Disqualification (Removal) Act 1919 had broadened the jury franchise so as to include some women. It argues that the subsequent restrictions on the jury franchise have not standardly been discussed in the literature on the twentieth century jury because of the lengths taken at the time to present these reforms as merely technical in nature. Only six months after the 1919 Act was passed, a dispute broke out at the Western assize circuit regarding the practice–apparently sanctioned in the Juries Act 1825–of towns which “possessed” their own assizes summoning jurors according to custom, rather than statute. In practice, this meant that the ten “assize boroughs” had not always observed the property qualifications when summoning their jurors. The judiciary eventually prevailed over the Home Office and a series of local officials, ending the assize boroughs' ability to ignore the property qualifications (which kept a disproportionate number of women off the jury). This reform brought its own problems, however, and brought into focus the expense involved in following the burdensome rules for identifying jurors as set out in the 1825 Act. The solution–basing juror qualification on electoral registration–excluded from jury service conscientious objectors, foreigners, and women who satisfied the property qualification rules but lived elsewhere with a male relative.
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Doe, Norman. "The Welsh Church Act 1914: A Century of Constitutional Freedom for the Church in Wales?" Ecclesiastical Law Journal 22, no. 1 (December 31, 2019): 2–14. http://dx.doi.org/10.1017/s0956618x19001674.
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The approach of the centenary of the disestablishment of the Church of England in Wales offers a good opportunity to reflect on legal aspects of the life of the Church in Wales since 1920. Religious equality had been the principal stimulus for the Welsh Church Act 1914. This statute, together with the release of the Welsh dioceses by the Archbishop of Canterbury to form a separate Anglican province, necessitated the formulation of a constitution for the Church. Innovation was avoided, and continuity protected. ‘Vestiges of establishment’ continued, in burial and marriage, as the result of political expediency. The original structure of the Constitution continues to this day – a complex of various instruments. Change has been piecemeal. The Church still has no modernised body of canon law and its soft law has increased dramatically. However, understandings about the purposes of the Constitution have changed, and the demand for constitutional change has quickened recently, particularly since the Harries Review of the Church in Wales in 2012.
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Dyer, C. "Labour pledges to reform libel laws in England and Wales." BMJ 340, mar25 2 (March 25, 2010): c1712. http://dx.doi.org/10.1136/bmj.c1712.
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HANDLER, PHIL. "FORGERY AND THE END OF THE ‘BLOODY CODE’ IN EARLY NINETEENTH-CENTURY ENGLAND." Historical Journal 48, no. 3 (September 2005): 683–702. http://dx.doi.org/10.1017/s0018246x05004620.
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Penal reformers in the 1810s and 1820s condemned the English criminal law as a ‘bloody code’: a monolithic mass of draconian statutes inherited from a former, less civilized age. This overwhelmingly negative image underpinned the dramatic and unexpected repeal of the capital statutes in the 1830s and survived to define a whole era of criminal justice history. This article explores the conditions that enabled the reformers to establish such a powerful critique of the law in such a short space of time. It contends that a key to their success was their ability to exploit contemporary scandals to argue that the law had lost touch with public opinion. Forgery aroused more controversy than any other species of capital crime in the 1820s and became the focal point for opposition to the capital laws. By analysing how reformers used the scandal surrounding forgery to foster the notion that the law was a ‘bloody code’, this article presents a new perspective on the early nineteenth-century penal reform debate.
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Huda, Md Nurul. "Activities of Islamic Sharī’ah Council and Muslim Arbitration Tribunal to Apply Islamic Law in England and Wales." Al-Milal: Journal of Religion and Thought 2, no. 2 (December 26, 2020): 1–16. http://dx.doi.org/10.46600/almilal.v2i2.81.
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The UK is a Christian majority country with several minority religious groups like Muslims, Hindus, Jews and Sikhs who have been living there for a long time. All faith groups have their own laws. Likewise, Muslims also have their specific laws called “Sharī’ah law” or “Muslim Family Law”. This paper attempts to represent a prospect of how Islamic law deals with the issues faced by the Muslims in England and Wales. There are many “The Islamic Shari’ah Council (ISC)” and “Muslim Arbitrational Tribunal (MAT) to solve the family concerns in England and Wales, for instance, marriage, child custody, divorce and other issues related to their matrimonial life. These councils play a prime role in implementing Islamic law among Muslims in Britain. Since ISC and MAT play a crucial role in applying Islamic law, it will be the focusing component of the paper. This study examines how ISC and MAT resolve the legal problems of the Muslim families and to which extent sometimes it is allegedly not compatible with England and Wales's domestic legal settings. Moreover, the main aim and object of the paper is to find out the internal functions and the processes of the Islamic Sharī’ah Council and Muslim Arbitration Tribunal in England and Wales
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Roberts, Nicholas. "The Historical Background to the Marriage (Wales) Act 2010." Ecclesiastical Law Journal 13, no. 1 (December 13, 2010): 39–56. http://dx.doi.org/10.1017/s0956618x10000785.
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The Marriage (Wales) Act 2010 illustrates that a disestablished church will always occupy an intermediate position between an established church and one which has never been established: the Church in Wales needed an Act to reform its marriage law, whereas paradoxically the Church of England legislated for itself by Measure. The article outlines how the provisions on marriage evolved during the passage of the disestablishment legislation; accepts the validity of contemporaneous arguments based on inconsistency; and outlines previous occasions when the marriage laws of England and of Wales have fallen out of step. It concludes by accepting that the continued establishment of the marriage law in Wales is inconsistent, but that any change is likely to depend on a wholesale reform of marriage law.
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Jones, Peter. "The New Poor Laws in Scotland, England and Wales: Comparative Perspectives." Local Population Studies, no. 99 (December 31, 2017): 31–41. http://dx.doi.org/10.35488/lps99.2017.31.
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This article focuses on a seemingly obvious but largely overlooked question in the historiography of British welfare: what are the merits of, and the obstacles to, a serious comparative study of the poor laws in the constituent countries of mainland Britain? It first considers the wider context for such a question in relation to European welfare history, then discusses the broad historiographical trends for each country in relation to two key areas of the welfare debate: how far the intentions of the central Poor Law authorities were reflected in local practice, and the ability of paupers themselves to shape or influence their own experience of relief at the local level. It makes some key observations about the ways in which 'national narratives' of welfare have developed for Scotland, England and Wales in the past, and how these have shaped our view of the relationship between them, and finally suggests avenues for future research.
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Todd, Lucy, Kenar Usman, Faye Tyler, Lily Toffolo, and Andrew Temple. "Should the laws on involuntary manslaughter in England and Wales be reformed?" Student Journal of Professional Practice and Academic Research 1, no. 1 (February 1, 2019): 65–73. http://dx.doi.org/10.19164/sjppar.v1i1.799.
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The laws surrounding involuntary manslaughter construct a confused picture of accountability to possible defendants, with many areas to the spectrum of involuntary manslaughter being created within the law, different branches begin to face varying critiques. With issues ranging from high thresholds resulting in low successful prosecution rates, to lack of definitions within the law depriving the people of certainty and predictability. However, current laws offer unique benefits for the purpose of these crimes, moreover, the criminal justice system may even become damaged through unnecessary reforms.
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Dinsmore, Andrew, and Richard Aikens. "Jurisdiction, Enforcement and the Conflict of Laws in Cross-Border Commercial Disputes: What Are the Legal Consequences of Brexit?" European Business Law Review 27, Issue 7 (December 1, 2016): 903–20. http://dx.doi.org/10.54648/eulr2016041.
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This article considers the impact of Brexit on the conflict of laws rules in England and Wales in relation to jurisdiction, enforcement of judgments, choice of law and the future role of the European courts and their judgments.
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Ambos, Kai. "Confidential Investigations (Article 54(3)(E) ICC Statute) vs. Disclosure Obligations: The Lubanga Case And National Law." New Criminal Law Review 12, no. 4 (2009): 543–68. http://dx.doi.org/10.1525/nclr.2009.12.4.543.
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After a short introduction to the procedural history of the Lubanga case (infra I.) the paper analyzes, in its first substantive part (II.), the disclosure regime of the ICC with particular regard to the tension between disclosure and confidentiality as displayed in Lubanga. An interpretation of Article 54(3)(e) of the ICC Statute that pretends to be compatible with the Prosecutor's disclosure obligations (Article 67(2)) is offered. In the second part (III.), the law on disclosure/discovery in England and Wales and the United States is examined with a view to its possible contribution to an improvement of the ICC disclosure regime. This analysis confirms that the law of disclosure is of great complexity, not least because of the underlying tension between defense rights and opposing interests of public or private security. This tension cannot be solved by blanket rules but only on a case-by-case basis that strives for an appropriate balance between the public interest of an efficient prosecution of (international) crimes and the (disclosure) rights of the accused.
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Petersen, Kerry. "Abortion Laws: Comparative and Feminist Perspectives in Australia, England and the United States." Medical Law International 2, no. 2 (March 1996): 77–105. http://dx.doi.org/10.1177/096853329600200201.
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In this article I examine the paradoxical nature of abortion developments in three jurisdictions and find that reproductive freedom is a more elusive goal in the United States where abortion has been elevated to a qualified right, than in England or Victoria where nineteenth century criminal statutes have been modified but not repealed. Abortion is now a moral scapegoat in the United States and it is difficult to predict if it will ever be resolved. Changes to law in the other two jurisdictions were less extreme and were shaped by a gradual change in attitudes towards abortion. Nevertheless, the laws in all three jurisdictions deny women full reproductive freedom and are founded on the assumption that women are not responsible moral beings. The repeal of all laws concerning abortion would be a stepping stone to re-framing moral questions about abortion and developing a distinctive feminine morality which attends to the needs of women.
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Worrall, Anne. "Laws and Orders: Public Protection and Social Exclusion in England and Wales." Current Issues in Criminal Justice 10, no. 2 (November 1998): 183–96. http://dx.doi.org/10.1080/10345329.1998.12036126.
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von Samsonow, Wladimir. "Executive Powers During the covid-19 Epidemic." European Journal of Comparative Law and Governance 9, no. 1 (January 28, 2022): 56–78. http://dx.doi.org/10.1163/22134514-bja10028.
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Abstract This article aims to explore the consequences of covid-19 related laws upon democracy, concentrating on the separation of powers and the system of checks and balances. To analyse the effectiveness of measures, a comparison between England-Wales and Germany is made, in order to compare how two countries with similar demographic and economy, but different constitutional and political systems, have dealt with the epidemic. The main question that is being asked and answered is whether a constitutional crisis has taken place. And finally, the analysis how the judiciary has been the most helpful branch in the separation of powers to uphold a system of checks and balances during the epidemic in both England-Wales and Germany.
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Patrick, Hilary. "Reflections from Scotland: Difficult Decisions Ahead." International Journal of Mental Health and Capacity Law 1, no. 13 (September 5, 2014): 169. http://dx.doi.org/10.19164/ijmhcl.v1i13.179.
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<p align="LEFT">This article looks at recent developments in Scottish mental health and incapacity law. Whilst Scotland clearly leads the way in mental health and social care law reform in the UK, its incapacity legislation is under strain. Scotland is struggling with the implications of <em>HL v UK</em> which, because of problems with the Adults with Incapacity (Scotland) Act 2000, appear even more complex than in England and Wales. Scotland is consulting on new laws to protect vulnerable adults, but lags behind England and Wales in its use of appropriate adults when people with mental disorders are interviewed by the police.</p>
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Williams, David V. "The Pre-History of the English Laws Act 1858: Mcliver v Macky (1856)." Victoria University of Wellington Law Review 41, no. 3 (November 6, 2010): 361. http://dx.doi.org/10.26686/vuwlr.v41i3.5225.
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The English Laws Act 1858 declared the reception date for the arrival of English law and statutes of general application in New Zealand to be 14 January 1840. This Act was passed because the New Zealand Supreme Court had decided the Wills Act 1837 (UK) did not apply in New Zealand. New Zealand was annexed to the British Empire as a dependency of New South Wales with a reception date in 1825 or 1828. The Supreme Court case that so decided was McLiver v Macky (1856). The New Zealand Law Foundation's 'Lost Cases Project' ascertained that this judgment was fully reported in an Auckland newspaper – The Southern Cross. This article examines the facts of the case and the reasoning of Acting Chief Justice Stephen as to the basis for British sovereignty in New Zealand and the application of English law to British subjects here.
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VAN CAENEGEM, R. C. "Judge and lawgiver in Anglo-American history." European Review 11, no. 3 (July 2003): 325–39. http://dx.doi.org/10.1017/s1062798703000310.
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Politicians are not expected to interfere with the judiciary. Parliament passes laws and the courts interpret and apply them. On the Continent, judicial freedom is restricted by codification, which was avoided in England where greater judicial flexibility survived. In the United States the Restatement of the Law was a move in the direction of codification. Also in that country, judicial review of the constitutionality of the laws gave the judges the power to declare statutes passed by the representatives of the people unconstitutional. No such power exists in England, but the courts have other means of reducing the impact of Acts of Parliament, such as the exclusionary rule and the convention that the lawgiver does not intend to change the common law, which is judge-made case law, governed by the doctrine of precedent. Those traditional elements of the English common law were recently eroded by modernizing trends: the rule of exclusion was given up in favour of the search for the intention of the lawgiver, and the force of stare decisis was reduced. The recent incorporation of the European Convention on Human Rights into British law has introduced a form of judicial review of the laws into the British system.
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PETROVA, INESSA. "PROPERTY RELATIONS IN ENGLAND: THE LEGAL REGULATION OF RESPONSIBILITY FOR CRIMES IN THE SPHERE OF REAL ESTATE." Gaps in Russian Legislation 14, no. 2 (March 30, 2021): 186–91. http://dx.doi.org/10.33693/2072-3164-2021-14-2-186-191.
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The article presents the results of the study of property relations in the field of real estate, which allowed us to reveal the features of the typology and classification of real estate in England, shared ownership and ownership, the procedure for making transactions with real estate. The article considers the legislative regulation of relations in the field of real estate in England and Wales, where there are laws that differ for historical reasons from the laws of Scotland and Northern Ireland, and provides examples of criminal encroachments on property. The content of the presented material is informative, is of a certain scientific interest, since only authentic sources are used in writing the article, and also has signs of practical significance and novelty.
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Doe, Norman. "Pre-Reformation Roman Canon Law in Post-Reformation English Ecclesiastical Law." Ecclesiastical Law Journal 24, no. 3 (September 2022): 273–94. http://dx.doi.org/10.1017/s0956618x2200031x.
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Roman canon law did not cease to have an effect within the Church of England after the Reformation. English ecclesiastical lawyers continued to use pre-Reformation foreign papal law and domestic provincial and legatine law. These lawyers used several ideas to explain its status in pre-Reformation England. They usually held that it continued in force after the Reformation on the basis of section 7 of the Submission of the Clergy Act 1533 (if not repugnant to laws of the realm) – and a commission would reform it. However, it is submitted here that this statute enabled the continuance of only domestic provincial law and perhaps legatine law but not foreign papal law. Yet a 1543 statute continued the provincial law and ‘other ecclesiastical laws’ used in England, which may or may not have included legatine and papal law. Another of 1549 has no continuance provision, but the commission was to review ‘ecclesiastical laws used here’ – which, too, may or may not include legatine and papal law. A statute of 1553 repealed these earlier statutes. A statute of 1558 repealed that of 1553 but revived only the 1533 statute, not those of 1543 or 1549. This suggests that only domestic provincial law, and perhaps legatine law, continued on the basis of statute, and not foreign papal laws. The latter might have applied from 1543 to 1553 but not after 1558, as only the 1533 statute perpetuating solely domestic law was revived. Nevertheless, English lawyers continued to invoke foreign Roman canon law. By the nineteenth century they did so on basis of custom not statute – and the 1533 Act section 7 was repealed in 1969.
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Elliott, Tracey, and Jennifer Fleetwood. "Law for ethnographers." Methodological Innovations 10, no. 1 (January 2017): 205979911772060. http://dx.doi.org/10.1177/2059799117720607.
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Despite a long history of ethnographic research on crime, ethnographers have shied away from examining the law as it relates to being present at, witnessing and recording illegal activity. However, knowledge of the law is an essential tool for researchers and the future of ethnographic research on crime. This article reviews the main relevant legal statutes in England and Wales and considers their relevance for contemporary ethnographic research. We report that researchers have no legal responsibility to report criminal activity (with some exceptions). The circumstances under which legal action could be taken to seize research data are specific and limited, and respondent’s privacy is subject to considerable legal protection. Our review gives considerable reason to be optimistic about the future of ethnographic research.
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Barrett, Philip. "Episcopal Visitation of Cathedrals in the Church of England." Ecclesiastical Law Journal 8, no. 38 (January 2006): 266–88. http://dx.doi.org/10.1017/s0956618x00006438.
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In December 1994 the Revd Philip LS Barrett BD MA FRHistS FSA, Rector of Compton and Otterbourne in the Diocese of Winchester, successfully submitted a dissertation to the University of Wales College of Cardiff for the degree of LLM in Canon Law, entitled ‘Episcopal Visitation of Cathedrals in the Church of England’. Philip Barrett, best known for his magisterial study, Barchester: English Cathedral Life in the Nineteenth Century (SPCK1993), died in 1998. The subject matter of this dissertation is of enduring importance and interest to those engaged in the life and work of cathedrals, and the Editor invited Canon Peter Atkinson, Chancellor of Chichester Cathedral, to repare it for publication in this Journal, so that the author's work might receive a wider circulation, but at a manageable length. In 1999 a new Cathedrals Measure was enacted, following upon the recommendations of the Howe Commission, published in the report Heritage and Renewal (Church House Publishing 1994). The author was able to refer to the report, but not to the Measure, or to the revision of each set of cathedral Statutes consequent upon that Measure. While this limits the usefulness of the author's work as a point of reference for the present law of cathedral visitations, its value as an historical introduction remains.
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Lucassen, Anneke, and Robert Wheeler. "Legal implications of tissue." Annals of The Royal College of Surgeons of England 92, no. 3 (April 2010): 189–92. http://dx.doi.org/10.1308/003588410x12628812458897.
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This paper reviews the legal rules that govern the way surgeons deal with human tissues during the course of diagnosing and treating their patients. The topic is dominated by the Human Tissue Act 2004, which was enacted in September 2006; thus, the article applies specifically only to England, Wales and Northern Ireland, since Scotland has separate legislation (Human Tissue (Scotland) Act 2006). Although the Human Tissue Act 2004 was built largely upon a plethora of legal principles that were developed throughout the Commonwealth and in the US, some of the principles underlying it will be equally familiar and applicable to surgeons across the world. Much everyday clinical activity falls outside the remit of the Act, and depends both upon other statutes, and on common law rules, principally those relating to consent.
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McDaniel, John LM. "Reconciling mental health, public policing and police accountability." Police Journal: Theory, Practice and Principles 92, no. 1 (March 26, 2018): 72–94. http://dx.doi.org/10.1177/0032258x18766372.
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The paper evaluates a range of policy documents, parliamentary debates, academic reports and statutes in an attempt to contextualise the condition of mental health policing in England and Wales. It establishes that mental health care plays an important role in public policing and argues that police organisations need to institute urgent reforms to correct a prevailing culture of complacency. An unethical cultural attitude towards mental health care has caused decision-making and the exercise of police discretion to be neither well informed nor protective in many cases, resulting in the substandard treatment of people with mental health problems. The paper argues that changes introduced by the Policing and Crime Act 2017 and the revised College of Policing mental health guidelines do not go far enough and that more extensive root-and-branch reforms are needed.
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Fashanu, Grace, Leah Lauderdale, Caitlin McCauley, Amanda Puszcz, and Anastasia Vakoula. "To What Extent Do Laws throughout England and Wales Protect Women against Sex Trafficking?" Student Journal of Professional Practice and Academic Research 1, no. 1 (February 1, 2019): 112–19. http://dx.doi.org/10.19164/sjppar.v1i1.803.
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Despite somewhat extensive legislation that reduce the number of offences connected to human trafficking for sexual exploitation throughout England and Wales, all circumstances are not fully elaborated upon. Sex trafficking, according to the Shared Hope International Group, is when ‘someone uses force, fraud or compulsion to cause a profitable sex act with an adult which includes prostitution, pornography and sexual performance done in exchange for items of value, all including, money, drugs, shelter, food and clothes.’ Whilst undertaking this research report to consider the chosen topic, sex trafficking is closely allied to human trafficking and slavery, as they link together under the same legislation guidelines. We believe that it is best to address this matter in the opening of our report as sex trafficking has only recently converted into an issue within England and Wales as it was previously perceived solely as human trafficking and slavery. Human trafficking is the action of illegally transporting people from one country or area to another and this action is usually forced. Section 1 of the Modern Slavery Act then defines slavery to be ‘If a person requires another to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour’.
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McGrath, Charles Ivar. "Securing the Protestant interest: the origins and purpose of the penal laws of 1695." Irish Historical Studies 30, no. 117 (May 1996): 25–46. http://dx.doi.org/10.1017/s0021121400012566.
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The origin and the purpose of the Irish penal laws have always been subjects of contention. These laws have often been viewed as a ‘rag-bag’ of legislation, lacking in government policy, without precedent or forethought, motivated by rapacity, unfavoured in England and yet tolerated in return for concessions by an Irish parliament greedy for Catholic land and wealth. However, in the context of the first two Irish penal laws of 1695, and most specifically the disarming act, this generality does not hold good. It is the aim of this article to show that the two penal laws of 1695, for disarming Catholics and prohibiting foreign education, were the result of a definite policy which existed in Ireland from the time of the Williamite war. This policy was built upon a previous tradition of English statutes and Irish proclamations. The pressure for this policy came not only from Irish Protestants, but also from English ministers and from the crown. And the prime motive was security of the Protestant interest.Victory at Limerick in October 1691 did not end the threat to the Williamite Protestant interest in Ireland. Fear of Catholic Europe remained constant as long as William III was at war with France, a fear that was heightened by the activities of privateers and rapparees. In the search for greater security, a policy developed for disarming Irish Catholics, which was actively supported by William III and his executive and legislature in England, was implemented by the executive in Ireland, and was encouraged and promoted by the Irish Protestant interest.
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Calkin, Sydney, and Ella Berny. "Legal and non-legal barriers to abortion in Ireland and the United Kingdom." Medicine Access @ Point of Care 5 (January 2021): 239920262110400. http://dx.doi.org/10.1177/23992026211040023.
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This article compares abortion laws, regulations and access patterns in the United Kingdom and the Republic of Ireland. We focus in most detail on the Republic of Ireland, Northern Ireland and England with a shorter discussion of Scotland and Wales. We attend to the laws and legal reforms in each region but also consider the non-legal factors that restrict or facilitate abortion services in each place. In this article, we seek to illustrate the complex relationship between abortion law and abortion access, noting especially how non-legal barriers shape the way an abortion law functions for the people who live under it.
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Arcaute, Elsa, Erez Hatna, Peter Ferguson, Hyejin Youn, Anders Johansson, and Michael Batty. "Constructing cities, deconstructing scaling laws." Journal of The Royal Society Interface 12, no. 102 (January 2015): 20140745. http://dx.doi.org/10.1098/rsif.2014.0745.
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Cities can be characterized and modelled through different urban measures. Consistency within these observables is crucial in order to advance towards a science of cities. Bettencourt et al . have proposed that many of these urban measures can be predicted through universal scaling laws. We develop a framework to consistently define cities, using commuting to work and population density thresholds, and construct thousands of realizations of systems of cities with different boundaries for England and Wales. These serve as a laboratory for the scaling analysis of a large set of urban indicators. The analysis shows that population size alone does not provide us enough information to describe or predict the state of a city as previously proposed, indicating that the expected scaling laws are not corroborated. We found that most urban indicators scale linearly with city size, regardless of the definition of the urban boundaries. However, when nonlinear correlations are present, the exponent fluctuates considerably.
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Watkin, Thomas Glyn. "Vestiges of Establishment." Ecclesiastical Law Journal 2, no. 7 (July 1990): 110–15. http://dx.doi.org/10.1017/s0956618x0000096x.
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A distinction which has been much discussed by those concerned with the laws governing churches, especially perhaps the Church of England and to a lesser extent the Church in Wales, is that between canon law and ecclesiastical law. At times, the terms appear to be used synonymously, whilst at others, there is a clear distinction. It is submitted that both views can be correct. However, they are correct only while certain conditions prevail.
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WINTER, ANNE. "Caught between Law and Practice: Migrants and Settlement Legislation in the Southern Low Countries in a Comparative Perspective, c. 1700–1900." Rural History 19, no. 2 (October 2008): 137–62. http://dx.doi.org/10.1017/s095679330800246x.
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AbstractHistoriographical debates on the causes and implications of early modern and early industrial settlement legislation, which determined the locality where one could apply for poor relief, have so far focused mainly on England and Wales. These regions are deemed exceptional for the national character and universality of their Poor Laws (1601), associated Act of Settlement (1662) and later amendments. However, if the focus is shifted from the national legislative framework to actual practice, several continental regions had relief and settlement arrangements that bore many resemblances to those in England and Wales. This article draws on existing literature and archival research to explore the evolution of settlement law and practice in the Southern Netherlands, i.e. present-day Belgium, from the seventeenth to the late nineteenth centuries, and compares its main features with the situation in England and Wales. This comparative exercise brings to the fore a number of striking resemblances and remarkable differences, which question the precise nature of the British exception. While further research is needed to gauge fully the causes and consequences of the observed similarities and differences, this article aims to demonstrate how a comparative approach towards issues of settlement and relief not only elucidates our understanding of the particularities and generalities of the English/Welsh case, but also widens our insight into the social, economic, and cultural implications of settlement arrangements in general.
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Aamer, Amina, Khaliq Ayub, and Rimsha Khan. "Legal Framework on Compensation for Wrongful Conviction in Pakistan: A Comparative Analysis with Washington and England Laws." Spring 2023 3, no. 2 (June 30, 2023): 903–10. http://dx.doi.org/10.54183/jssr.v3i2.311.
Full textAbstract:
Wrongful convictions are a pervasive problem in Pakistan's criminal justice system, leaving victims without adequate redress for the injustices they have suffered which inevitably undermines the credibility of the country's criminal justice system. The objectives of the study at hand were to identify the key features of compensation frameworks, their effectiveness to redress the harms of wrongfully convicted persons and to recommend some appropriate legislative designs in the context of the criminal justice system in Pakistan. The qualitative research methodology was adopted and a comparative analysis of compensatory statutes of the US and UK has been taken into consideration. This study not only contributes to the literature on wrongful convictions and compensation but is also momentous for policymakers and legal practitioners, other stakeholders in Pakistan and other jurisdictions grappling with this issue. This study concludes streamlined monetary compensation, counseling and support services to redress the harms that are caused to innocent persons due to wrongful convictions. Additionally, the compensation process for wrongful convictions should be easily accessible, timely, and non-adversarial.
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Cocks, Ray. "Ram, Rab and the civil servants: a lawyer and the making of the ‘Great Education Act 1944’." Legal Studies 21, no. 1 (March 2001): 15–35. http://dx.doi.org/10.1111/j.1748-121x.2001.tb00165.x.
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By common consent, the Education Act of 1944 was the most important educational reform of the century for England and Wales. This article seeks to reveal the role of a lawyer in the making of the legislation and thereby to reassess past interpretations of how the Act was put together. It is clear that the person who drafted the Act, Sir Granville Ram, had an impact on the content of certain sections. The article begins with an outline of the Act and competing interpretations of how it came to be made. It explores the context within which Ram, as a Parliamentary Counsel, did his drafting during the war years. It then turns to the making of clauses in four specific areas of reform. First, local education authorities were given the power to create new types of secondary schools, including comprehensive schools. Secondly, there was a new structure for regulating private education. Thirdly, the Minister of Education was given important new powers. Fourthly, women were no longer required to resign from teaching when they married. These four areas provide examples of how Ram could influence the shape of the statute, and they also reveal that on each occasion his influence was felt in a different way.
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Purdam, Kingsley, Sariya Cheruvallil-Contractor, Nazila Ghanea, and Paul Weller. "Religious Organizations and the Impact of Human Rights and Equality Laws in England and Wales." Politics, Religion & Ideology 18, no. 1 (January 2, 2017): 73–88. http://dx.doi.org/10.1080/21567689.2017.1297235.
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Harris, Bernard. "Parsimony and Pauperism: Poor Relief in England, Scotland and Wales in the Nineteenth and Early Twentieth Centuries." Journal of Scottish Historical Studies 39, no. 1 (May 2019): 40–74. http://dx.doi.org/10.3366/jshs.2019.0260.
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As the Royal Commission on the Poor Laws noted in 1909, the Poor Law Amendment Act of 1834 and the Poor Law (Scotland) Act of 1845 sprang from rather different motives. Whereas the first Act aimed to restrict the provision of poor relief, the second was designed to enhance it. However, despite these aims, it is generally accepted that Scotland's Poor Law continued to relieve a smaller proportion of its population and to spend less money on them. This paper revisits the evidence on which these claims are based. Although the gap between the two Poor Laws was less than previously supposed, it was nevertheless substantial. The paper also explores the links between the size of Scottish parishes and welfare spending, and demonstrates that the main reasons for the persistence of the spending gap were related to different levels of investment in poorhouses and workhouses, and support for the elderly.
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Sutton, Jack, Golnaz Shahtahmassebi, Haroldo V. Ribeiro, and Quentin S. Hanley. "Population density and spreading of COVID-19 in England and Wales." PLOS ONE 17, no. 3 (March 31, 2022): e0261725. http://dx.doi.org/10.1371/journal.pone.0261725.
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We investigated daily COVID-19 cases and deaths in the 337 lower tier local authority regions in England and Wales to better understand how the disease propagated over a 15-month period. Population density scaling models revealed residual variance and skewness to be sensitive indicators of the dynamics of propagation. Lockdowns and schools reopening coincided with increased variance indicative of conditions with local impact and country scale heterogeneity. University reopening and December holidays reduced variance indicative of country scale homogenisation which reached a minimum in mid-January 2021. Homogeneous propagation was associated with better correspondence with normally distributed residuals while heterogeneous propagation was more consistent with skewed models. Skewness varied from strongly negative to strongly positive revealing an unappreciated feature of community propagation. Hot spots and super-spreading events are well understood descriptors of regional disease dynamics that would be expected to be associated with positively skewed distributions. Positively skewed behaviour was observed; however, negative skewness indicative of “cold-spots” and “super-isolation” dominated for approximately 8 months during the period of study. In contrast, death metrics showed near constant behaviour in scaling, variance, and skewness metrics over the full period with rural regions preferentially affected, an observation consistent with regional age demographics in England and Wales. Regional positions relative to density scaling laws were remarkably persistent after the first 5–9 days of the available data set. The determinants of this persistent behaviour probably precede the pandemic and remain unchanged.
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Roberts, Julian V., and Oren Gazal-Ayal. "Statutory Sentencing Reform in Israel: Exploring the Sentencing Law of 2012." Israel Law Review 46, no. 3 (September 23, 2013): 455–79. http://dx.doi.org/10.1017/s0021223713000162.
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In 2012 the Knesset approved a new sentencing law. Israel thus became the latest jurisdiction to introduce statutory directions for courts to follow in sentencing. The approach of the United States to structuring judicial discretion often entails the use of a sentencing grid with presumptive sentencing ranges. In contrast, the Sentencing Act of Israel reflects a less prescriptive method: it provides guidance by words rather than numbers. Retributivism is clearly identified as the penal philosophy underpinning the new law, which takes a novel approach to promoting more proportionate sentencing. Courts are directed to construct an individualised proportionate sentencing range appropriate to the case in hand. Once this is established, the court then follows additional directions regarding factors and principles related to sentencing. Although other jurisdictions have placed the purposes and principles of sentencing on a statutory footing, this is the first such legislative declaration in Israel. The statute also contains a methodology to implement a proportional approach to sentencing as well as detailed guidance on sentencing factors. This article describes and explores the new Sentencing Act, making limited comparisons to sentencing reforms in other jurisdictions – principally England and Wales, New Zealand and the United States. In concluding, we speculate on the likely consequences of the law: will it achieve the goals of promoting more consistent and principled sentencing?
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Potot-Warren, Jade. "Confusing, Dated and Ineffective? Current Sex Work Laws in England and Wales and Proposals for Reform." Student Journal of Professional Practice and Academic Research 3, no. 1 (March 4, 2021): 4–13. http://dx.doi.org/10.19164/sjppar.v3i1.1098.
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Sex work is defined as ‘a person who on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person’ . Sex work law is often controversial, and must balance the interests of the workers, the clients and the public. Examination of the relevant law relating to sex work, and the history and policy considerations that influenced it are crucial to understanding the principles that underpin the current law, as well as its application and flaws. There are a variety of critiques of England and Wales’ current approach to sex work and the reforms put in place thus far, including criticism suggesting that the current law is in places confusing, dated and ineffective. I will suggest proposals for reform, aimed at clarifying and modernising UK sex work legislation. These proposals for reform will explore and compare existing alternative models that could potentially be adopted. The issues raised by legal transplants (i.e. ‘the moving of a rule or a system of law from one country to another or from one people to another’ in order for it to function as it did in the host jurisdiction ) are also a necessary consideration in the development of reform proposals.
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Brown, Penelope. "Unfitness to plead in England and Wales: Historical development and contemporary dilemmas." Medicine, Science and the Law 59, no. 3 (June 15, 2019): 187–96. http://dx.doi.org/10.1177/0025802419856761.
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Fitness to plead refers to a criminal defendant’s ability to participate at trial. The purpose of fitness-to-plead laws is to protect the rights of vulnerable individuals who are unable to defend themselves in court and to preserve natural justice in the legal system while balancing the needs to see justice served and protection of the public. Early legal systems treated mentally disordered defendants with leniency, but over time those found unfit to plead have been subjected to indefinite incarceration, breaching their right to liberty while protecting their right to a fair trial. Conversely, the threshold for being found unfit is high, and there are concerns that many unfit defendants are being unfairly subjected to trial. The approaches to balancing the competing demands have changed over time and have led to confusing and contradictory practices. In order to understand better how and why the current problems have come to exist, this paper analyses the historical development of the legal framework for fitness to plead from Medieval England to the turn of the 21st century. It isolates core dilemmas: (a) what the normative standard of fitness to plead is and whether the current test for determining fitness adequately reflects this standard; (b) whether fitness to plead should be disability neutral or whether unfitness requires the presence of a psychiatric diagnosis; and (c) how the courts should deal with those found unfit to plead, including insuring against the deprivation of liberty of innocents while ensuring the public are adequately protected.
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Alexander, J. Trent, and Annemarie Steidl. "Gender and the “Laws of Migration”." Social Science History 36, no. 2 (2012): 223–41. http://dx.doi.org/10.1017/s0145553200011779.
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Ernest George Ravenstein’s influential “laws of migration” argued that short-distance and within-country moves were typically dominated by women. We use census microdata to take a fresh look at the relationship between gender and internal migration in late nineteenth-century Europe and North America. We argue that there was a significant flaw in Ravenstein’s key finding on gender and that this flaw has implications for more recent scholarship of the long-term “feminization of migration.” The apparent overrepresentation of women among internal migrants was due not to their higher propensity to move but to the much higher rate at which male migrants left the population, through either death or emigration. Men were just as likely to make internal moves as women were; the difference was that men did not remain in the population to be counted when the decennial census was conducted. Like Ravenstein’s “laws of migration,” this article relies primarily on data from the 1881 census of England and Wales. Whereas Ravenstein’s work was constrained by the contents of tables published by the UK Census Office in the 1880s, we are able to ask new questions by analyzing individual-level data files recently made available by the North Atlantic Population Project.
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Abrams, Laura S., Sid P. Jordan, and Laura A. Montero. "What Is a Juvenile? A Cross-National Comparison of Youth Justice Systems." Youth Justice 18, no. 2 (June 12, 2018): 111–30. http://dx.doi.org/10.1177/1473225418779850.
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In this article, the authors analyze cross-national variations in how the category of ‘juvenile’ is defined in criminal law and policy. The authors purposively selected the cases of Argentina, Belize, England/Wales, and Finland to maximize differences in the boundaries of the Minimum Age of Criminal Responsibility and the Age of Criminal Majority. Legal analysis identified two key factors: (a) the presence or absence of a distinct juvenile justice system, and (b) the stability (or fluctuation) of youth justice laws and age boundaries. These axes of difference and their various configurations across cases have broader implications for advancing children’s rights.