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Books on the topic 'Substantive public law'
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1
Commission, Texas Public Utility. Substantive rules. Austin, Tex. (7800 Shoal Creek Blvd., Suite 450N, Austin 78757): Public Utility Commission of Texas, 1986.
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2
Artemov, V., N. Golovanova, A. Gravina, O. Zaycev, V. Kashepov, T. Koshaeva, S. Kubancev, et al. Criminal law and economic activity (ratio of private and public interests). ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1160944.
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The scientific and practical guide is devoted to the formation of a comprehensive and systematic approach to improving the activities of the court and preliminary investigation bodies in cases of crimes committed in the field of business and other economic activities (including taking into account the experience of law enforcement practice in criminal prosecution of entrepreneurs in a number of foreign countries). The problem of establishing a balance between the duties of judicial and investigative bodies within their competence to take measures to ensure economic security and to respect the rights and legitimate interests of entrepreneurs involved in criminal proceedings is considered.
The author defines the main directions and forms of modern criminal policy in this area; gives a General description of the criminal legal situation in terms of ensuring economic security; identifies additional guarantees of the rights and legitimate interests of entrepreneurs provided in the implementation of law enforcement activities. Particular importance is attached to the study of substantive and criminal procedural mechanisms used in criminal proceedings on economic crimes.
For researchers, practicing lawyers, representatives of the business community, teachers, postgraduates, students of law schools and faculties, as well as for a wide range of readers interested in this issue.
3
Maksurov, Aleksey. Coordination of the activities of legal entities in a crisis. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1836239.
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The monograph is devoted to the search for ways to improve the efficiency of public administration in crisis situations. The interrelation of the crisis situation with the problems of legal uncertainty and legally significant risks is traced. The article considers the substantive characteristics of the crisis as a social phenomenon, the causes and types of crisis situations, the problems of their legal definition, as well as the impact of the crisis on changes in the activities of public authorities and local self-government. A universal means of coordinating the activities of authorities and their officials in a crisis period is proposed - a mechanism of legal coordination.
The analysis of the main shortcomings of the work of public authorities in a crisis, including in the situation of a pandemic of coronavirus infection, is made. The issues of the legality of restricting the constitutional rights of citizens in a crisis, the introduction of special legal regimes providing for other than usual ways, forms and limits of citizens' realization of their subjective rights are studied. Developed full-fledged detailed recommendations for improving law-making (proposed drafts of the necessary regulatory legal acts), the practice of interpretation and systematization of law, law enforcement, as well as control (supervisory) legal practice.
For a wide range of readers interested in public administration issues in crisis situations. It can be useful for students, postgraduates and teachers of law schools.
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United States. Congress. House. Committee on the Judiciary. Expressing the sense of the Congress regarding the successful and substantial contributions of the amendments to the patent and trademark laws that were enacted in 1980 (Public Law 96-517; commonly known as the "Bayh-Dole Act"), on the occasion of the 25th anniversary of its enactment: Report (to accompany H. Con. Res. 319) (including the Committee cost estimate. [Washington, D.C: U.S. G.P.O., 2006.
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United States. Congress. House. Committee on the Judiciary. Expressing the sense of the Congress regarding the successful and substantial contributions of the amendments to the patent and trademark laws that were enacted in 1980 (Public Law 96-517; commonly known as the "Bayh-Dole Act"), on the occasion of the 25th anniversary of its enactment: Report (to accompany H. Con. Res. 319) (including the Committee cost estimate. [Washington, D.C: U.S. G.P.O., 2006.
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6
Expressing the sense of the Congress regarding the successful and substantial contributions of the amendments to the patent and trademark laws that were enacted in 1980 (Public Law 96-517; commonly known as the "Bayh-Dole Act"), on the occasion of the 25th anniversary of its enactment: Report (to accompany H. Con. Res. 319) (including the Committee cost estimate. [Washington, D.C: U.S. G.P.O., 2006.
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7
United States. President (1989-1993 : Bush). Telecommunications report: Continuation of talks with the European Community and Korea : communication from the President of the United States transmitting his findings that substantial progress has been made in telecommunications trade talks conducted under section 1375 of the Omnibus Trade and Competitiveness Act of 1988, pursuant to Public Law 100-418, section 1376(c)(2)(B)(102 Stat. 1221). Washington: U.S. G.P.O., 1991.
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8
Bush), United States President (1989-1993 :. Telecommunications report: Continuation of talks with the European Community and Korea : communication from the President of the United States transmitting his findings that substantial progress has been made in telecommunications trade talks conducted under section 1375 of the Omnibus Trade and Competitiveness Act of 1988, pursuant to Public Law 100-418, section 1376(c)(2)(B)(102 Stat. 1221). Washington: U.S. G.P.O., 1990.
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9
Riggsby, Andrew. Public and Private Criminal Law. Edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.013.24.
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The chapter surveys various typological divisions of Roman law that invoke terminology such as “criminal” and the like—based on explicit ancient categorisation; sets of procedural features; organization of juristic texts; and/or substantive features—and suggests that the implicit analogies to modern criminal law are not useful. The various Roman categories are less well defined than is usually imagined, and the various means of categorisation are often at cross-purposes. Even the most plausible composite Republican-era category is significantly narrower than the “criminal”, and at any rate the composition would be under-motivated. Imperial law develops a superficially more similar jurisdiction over time, but it is increasingly shaped by factors that have little to do with any particular conceptualization of the subject matter.
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Shruti, Rajagopalan. Part II Negotiating Constitutionalism, Ch.8 Constitutional Change: a public choice analysis. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0008.
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This chapter examines the patterns of amendments to the Indian Constitution, especially to the fundamental rights, throughout the country’s constitutional history. Instead of resorting to conventional doctrinal analysis, the discussion focuses on the issue of constitutional design by highlighting the costs and benefits imposed by different constitutional rules. It presents an analytical framework for constitutional amendments in order to elucidate the interaction of constitutional rules, along with the increase in the relative price of seeking formal amendments to the Constitution and how this has incentivised interest groups to seek rule changes through the judiciary. It explains how revisions in substantive and procedural rules changed the costs and benefits of amending the Indian Constitution, forcing interest groups to shift the form and forum while seeking rule change.
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Hartley, Christie, and Lori Watson. Equal Citizenship and Public Reason. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190683023.001.0001.
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This book is a defense of political liberalism as a feminist liberalism. The first half of the book develops and defends a novel interpretation of political liberalism. It is argued that political liberals should accept a restrictive account of public reason and that political liberals’ account of public justification is superior to the leading alternative, the convergence account of public justification. In the second half of the book, it is argued that political liberalism’s core commitments restrict all reasonable conceptions of justice to those that secure genuine, substantive equality for women and other marginalized groups. Here it is demonstrated how public reason arguments can be used to support law and policy needed to address historical sites of women’s subordination to advance equality; prostitution, the gendered division of labor and marriage, in particular, are considered.
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Yeon, Asmah Laili, and Yuhanif Yusof, eds. Philisophy and Theory of Law. UUM Press, 2015. http://dx.doi.org/10.32890/9789670876023.
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Understanding of the philosophy and theory behind the law is significance to law makers, legal practitioners, academicians and laymen. The rationales are to have some understanding of public policy and the real aim of the laws that made up particular practices or the root of practices. Therefore, this book highlight selected philosophy and theory of laws in the area of commercial, financial and corporate law; medical law; constitutional and administrative law and lastly human resource law. The massive information and knowledge in this book will benefits law makers, legal practitioners, academicians, universities students in understanding the philosophy and theory of the law first, before appreciating and applying the substantive law in their profession and life.
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Ran, Hirschl. 4 From Comparative Constitutional Law to Comparative Constitutional Studies. Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780198714514.003.0005.
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The chapter argues for an interdisciplinary approach to comparative constitutional inquiry that is methodologically and substantively preferable to doctrinal accounts. It suggests that for historical, analytical, and methodological reasons, maintaining the disciplinary divide between comparative constitutional law and other closely related disciplines that study various aspects of the same constitutional phenomena, artificially and unnecessarily limits our horizons and restricts the questions asked as well as the answers provided. Traditional disciplinary boundaries, both substantive and methodological, between comparative (public) law and the social sciences continue to impede the development of comparative constitutional studies as an ambitious, coherent, and theoretically advanced area of inquiry. By engaging in a dialogue with the social sciences, and political science in particular, comparative constitutional inquiries would go beyond the traditional realms of judicial review to consider extrajudicial factors such as judicial behaviour, the origins of constitutional change, constitutional design, and the real-life effects of constitutional jurisprudence.
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Westphal, Kenneth R. Hegel’s Natural Law Constructivism. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198778165.003.0014.
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Legend has it that, in principle, Hegel’s Philosophical Outlines of Justice cannot afford any progress in morals, nor any progressive politics, either because his moral philosophy is derived a priori from his first principles, or because his putative theory of ‘justice’ must simple endorse whatever lurch the Weltgeist next takes. Hegel’s methodology and his Science of Logic are important to understanding his moral philosophy. This chapter details four related methodological precautions that must be observed. It then considers some substantive fundamentals of Hegel’s moral philosophy, central to his version of ‘Natural Law Constructivism’. Thus prepared, the chapter details several specific regards in which Hegel’s normative social morality is progressive both principally and practically, and concludes by reflecting on Hegel’s career of public activism on behalf of liberal republican reform.
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Rubio-Marín, Ruth. Women’s Participation in the Public Domain Under Human Rights Law: Towards a Participatory Equality Paradigm Shift. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198829621.003.0003.
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This chapter explores how human rights law has contributed to the shift towards participatory gender equality by legitimating the adoption of quotas and parity mechanisms to ensure women’s equal participation in decision-making. Since the adoption of CEDAW, human rights law has moved away from formal equality notions that simply affirm women’s equal political rights. Instead, we see growing endorsement of substantive equality doctrines that validate the adoption of gender quotas, initially as temporary special measures to ensure women equal opportunities, and, more recently, as permanent measures targeting the gender-balanced composition of an ever-expanding range of public and private governance bodies. The chapter explores how human rights law connects this participatory turn to issues of pluralism, calling attention to the need for public bodies to represent the full diversity of the population, and calling on state parties to increase the participation of women from ethnic minorities, indigenous groups, and religious minorities.
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Lindsey, Tim, and Simon Butt. Indonesian Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199677740.001.0001.
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This book explains Indonesia’s complex legal system and how it works. Covering a wide range of substantive topics from public to private law, including commercial, criminal, and constitutional law, it is the first comprehensive survey of Indonesian law in English. Offering clear answers to practical problems of current law, each chapter sets out relevant laws and leading court decisions, accompanied by an explanation of how the law works in practice, with an analytical critique. The book begins with an account of Indonesia’s Constitution and the key state agencies, before moving to the lawmaking process, decentralization, the judicial system and court procedure, and the legal profession (advocates, notaries, and legal aid). Part II covers traditional customary law (adat), land law, and environmental law, including forest law. Part III focuses on criminal law and procedure, including investigation, arrest, trial, sentencing, and appeals. It also covers human rights law and the law on corruption. Part IV deals with civil law, and covers civil liability, contracts, companies and other business vehicles, labour, foreign investment, taxation, insolvency, banking, competition, and media law. The book concludes in Part V with an account of Indonesia’s complex family law and inheritance system for both Muslims and non-Muslims. The book has an extensive glossary of legal terms, and detailed tables of legislation and court decisions, designed as unique resources for lawyers, policymakers, and researchers.
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Manuel José Cepeda, Espinosa, and Landau David. Part Two Rights, 4 Equality. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190640361.003.0004.
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This chapter reviews the Colombian Constitutional Court’s jurisprudence on equality. In accordance with the constitutional text, the Court has developed a substantive conception of equality, one that allows and even encourages special measures on behalf of historically disadvantaged groups. This case law is of particular importance given the historically stratified and unequal nature of Colombian society. This chapter reviews the Court’s jurisprudence legalizing same-sex marriage, allowing gender quotas on behalf of female public officials, and requiring that the Bogota authorities take steps to make the public transportation system handicapped-accessible. In all of these cases, the Court has taken steps toward the achievement of substantive equality on behalf of the historically disadvantaged.
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Henry G, Burnett, and Bret Louis-Alexis. Part IV Law and Applicable Principles, 20 Towards a Lex Mineralia. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198757641.003.0020.
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This brief chapter discusses the emergence of a set of substantive transnational principles governing international mining disputes. Over the past two decades, an increasing number of arbitral awards relating to international mining disputes have been published. This is particularly so in the context of disputes between States entities and international mining companies. As was the case earlier with the petroleum industry, these public awards provide the source material from which customary law may be drawn. This has not yet created a mature set of principles and regulations, but it has developed the beginning of a lex mineralia that guides the international mining industry. As an increasing number of arbitral awards are rendered and become public, owing to a growing push for increased transparency in international arbitration, this lex mineralia may well mature and develop into a recognized subset of international law.
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Krisch, Nico. The Many Fields of (German) International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190697570.003.0005.
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In recent years, interest in comparative approaches in the study of international law has grown. This chapter contributes to this endeavor with a focus on the particularities of academic international law in Germany, but also with an interest in methodology and a broader argument for attention to a particular set of factors behind differences in the interpretation and application of international law. Using sociological insights, it focuses on the professional contexts in which the different interpreters are embedded—the social and professional ‘fields’ in which they operate—and suggests connections between the shape of those contexts and the methodological and substantive commitments with which these interpreters approach international law. In Germany, the relative dependence of international law on the broader field of public law stands out as a differentiating characteristic.
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Daly, Paul. Understanding Administrative Law in the Common Law World. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192896919.001.0001.
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This book has three goals: to enhance understanding of administrative law; to guide future development of the law; and to justify the core features of the contemporary law of judicial review of administrative action. Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law. Through comparative analysis of case law from Australia, Canada, England, Ireland and New Zealand, Dr Daly develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy. The interaction of this plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies and the scope of judicial review, everything from the rule against bias to jurisdictional error to the application of judicial review principles to non-statutory bodies. Addressing this wide array of subjects in detail, Dr Daly demonstrates how his pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance academics’, students’, practitioners’ and judges’ understanding of administrative law. Furthermore, this pluralist approach is capable of guiding the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. Dr Daly closes by arguing that his values-based, pluralist framework supports the legitimacy of contemporary administrative law which although sometimes called into question in fact facilitates the flourishing of individuals, of public administration and of the liberal democratic system.
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Gabrielle, Kaufmann-Kohler, and Rigozzi Antonio. 7 The Law Applicable to the Merits and the Award. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199679751.003.0007.
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Before describing the main features of an award, this chapter discusses the determination of the law governing the merits of the dispute or lex causae. It considers the role of party autonomy in this respect and examines the scope and content of the potentially applicable substantive laws that may be chosen by the parties or selected by arbitral tribunals, from national laws to transnational rules of law (the so-called lex mercatoria) over trade usages and ex aequo et bono principles. It also discusses the relevance and impact of international public policy and overriding or internationally mandatory rules. Turning to the award, the last part of the chapter sets out a typology of arbitral decisions, addresses the required form and content of awards and discusses the deliberation process as well as issues such as institutional scrutiny, dissenting opinions, and the notification, publication, and effects of the award.
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Strecker, Amy. Landscape Protection in International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198826248.001.0001.
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This book explores the various avenues—institutional, substantive, and procedural—for the protection of landscape in international law. Since the inclusion of ‘cultural landscapes’ within the scope of the UNESCO World Heritage Convention in 1992, landscape has gained increasing importance at the international level. ‘Cultural landscapes’ were intended to give recognition to the intangible and associative values attached to certain landscapes, to sustainable agricultural practices, and to ‘people and communities’—essentially the human dimension of landscape. This shift came full circle with the adoption of the European Landscape Convention (ELC) in 2000. The European Landscape Convention conceives of landscape above all as a people’s landscape and accordingly, provides for the active participation of the public in the formulation of plans and polices. It not only focuses on outstanding landscapes, but also on the everyday and degraded landscapes where most people live and work. This brings ‘landscape’ back to its early etymological origins—when it corresponded to a close up, human perspective—and has a number of implications for human rights, democracy, and spatial justice. How does international law, which deals for the most part with universality, deal with something so region-specific and particular as landscape? What is the legal conception of landscape and what are the various roles played by international law in its protection? This book assesses the institutional framework for landscape protection, analyses the interplay between landscape and human rights, and links the etymology and theory of landscape with its articulation in law.
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Aloysius P, Llamzon. Part I Transnational Corruption and International Efforts at its Control, 3 A Typology of Corruption in Foreign Investment. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780198714262.003.0003.
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This chapter categorizes the many modalities of transnational corruption within two groups — transactional and variance bribery. Transaction bribes are payments routinely and often impersonally made to a public official to secure or accelerate the performance of that official's duties. The payment is not made in order to secure the public official's divergence from a substantive norm. Instead, the payment is made simply to ensure that the public official performs his duty more efficiently, hence the term ‘grease money’ or the euphemism ‘facilitation payment’. Variance bribes involve payments made in order to obtain a favourable result through a deviation from the proper application of a norm. The bribe might be paid in order to suspend the operation of a legal prescription, or in order to have a public official exercise his discretion in a manner favourable to the payer.
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Iovane, Massimo, Fulvio M. Palombino, Daniele Amoroso, and Giovanni Zarra, eds. The Protection of General Interests in Contemporary International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192846501.001.0001.
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This book is aimed at analysing the notions of global public goods, global commons, and fundamental values as conceptual tools geared towards the protection of the general interests of the international community. After having provided the readers with a general overview of the abovementioned concepts, the book examines how international law has responded to what qualifies as global public goods, global commons, and fundamental values in a wide range of fields. Moreover, the work also investigates how global governance has improved (or worsened) this response. Authors have discussed which general interests have or have not been deemed to deserve the protection of international law in one or more of the categories under scrutiny, and why; they have also explored the legal foundation of such interests in international law. In addition, they have focused on whether and how it is appropriate that international law intervenes to regulate such interests, taking into account the interplay between the multiple actors of international law, ranging from states, international and regional organizations, and non-state actors. They have further explored how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what main challenges still need to be addressed. Looking at international law through the prism of global public goods, global commons, and fundamental values has also implied an in-depth examination of different substantive regimes, such as, e.g. those regulating human rights, the protection of the environment, and international economic law.
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Norrie, Kenneth McK. A History of Scottish Child Protection Law. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474444170.001.0001.
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This book explores the development of Scottish child protection law from its earliest days in the poor law, tracing the changing assumptions that underlay child protection processes, and the radical shift of emphasis from private (charitable) endeavour to public (local authority) duty. This book looks at the developing legal processes for removing children from abusive or neglectful environments, explores how child offenders and child victims came to be dealt with in the same processes, and examines the reasons why Scots law has managed to continue to cleave its own procedural path in the contemporary world. It explores both processes and outcomes, explaining how the juvenile court evolved into the children’s hearing, and it examines the substantive continuities between the various orders that could be made over children. The regulation of boarding out and fostering of children is compared with the regulation of institutional care, and the evolution of aftercare provisions is explained. The book also offers an analysis of the (dubious) legal basis for the Imperial practice of sending troubled children to the colonies, as part of a deliberate policy of spreading British “stock” across the world. The final chapter traces the origins and statutory control of the practice of adoption of children, from its days as an informal arrangement through its early manifestation as a minor action changing status to its present position as the most radical order that a court of law can make.
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Jonathan, Bonnitcha, Skovgaard Poulsen Lauge N, and Waibel Michael. The Political Economy of the Investment Treaty Regime. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198719540.001.0001.
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Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in investment treaty arbitration is growing, and some developed and developing countries are beginning to revisit their investment treaty policies. This book synthesizes and advances the growing literature on the investment treaty regime by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, the book asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment?
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Webley, Lisa, and Harriet Samuels. Complete Public Law. 5th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198853183.001.0001.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete Public Law combines clear explanatory text and practical learning features with extracts from a wide range of primary and secondary materials. The book has been structured with the needs of undergraduate courses in mind. Opening with consideration of basic constitutional principles (in which no previous knowledge is assumed), the chapters move on to cover all other essential areas, before closing with consideration of the principles and procedures of judicial review. This edition includes substantial updates to address the UK’s withdrawal from the European Union and the constitutional implications these new arrangements have, including in the context of devolution.
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Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part I General Principles, 2 The Conflict of Laws in Commercial Transactions. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0003.
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Chapter 2 examines the relationship between transnational commercial law (in the sense of harmonised substantive law) and that body of rules determining the applicable domestic law in the absence of any such ‘uniform law’. The conflict-of-laws rules, too, are either national (be it codified, be it judge-made or common law) or transnational, such as the relevant EU Regulations or conventions prepared, for example, under the auspices of the Hague Conference on Private International Law or CIDIP, the specialized body of the Organization of American States. The chapter discusses the most important connecting factors (party autonomy, characteristic performance, lex situs, etc) as well as general concepts, such as ‘public policy’, ‘internationally mandatory rules’, etc. Finally, it addresses the question whether with the increasing numbers of ‘uniform’ law instruments the conflict of laws may ever become superfluous.
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Peari, Sagi. The Equality Pillar. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190622305.003.0005.
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This chapter elaborates on the second foundational pillar of CEF—the “Equality Pillar” as a crystallization of the subsidiary version of the better law approach. First, through exposition of the Equality Pillar’s three constituents (Innate Equality, Barbarism, and State Equality), it provides normative meaning to better law as a subsidiary rule, and as such sets out substantive limits on the formal operation of choice-of-law rules. Secondly, it returns to the challenges that have been mounted against all versions of better law and shows how CEF’s vision of better law is immune to those challenges. Finally, it suggests drawing a parallel between the subsidiary version of better law and such notions as the “evil laws” phenomenon and public policy doctrine.
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Hannibal, Martin, and Lisa Mountford. 5. The Right to Silence at the Police Station. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823216.003.0005.
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This chapter explains the substantive law governing a defendant’s silence at the police station under ss. 34, 36, and 37 Criminal Justice and Public Order Act (CJPOA) 1994. It covers the risks associated with s. 34 CJPOA 1994; drawing inferences from a failure to account under ss. 36 and 37 CJPOA 1994; and the practical aspects associated with remaining silent.
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Hannibal, Martin, and Lisa Mountford. 5. The Right to Silence at the Police Station. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198765905.003.0005.
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This chapter explains the substantive law governing a defendant’s silence at the police station under ss. 34, 36, and 37 Criminal Justice and Public Order Act (CJPOA) 1994. It covers the risks associated with s. 34 CJPOA 1994; drawing inferences from a failure to account under ss. 36 and 37 CJPOA 1994; and the practical aspects associated with remaining silent.
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Hannibal, Martin, and Lisa Mountford. 5. The Right to Silence at the Police Station. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787679.003.0005.
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This chapter explains the substantive law governing a defendant’s silence at the police station under ss. 34, 36, and 37 Criminal Justice and Public Order Act (CJPOA) 1994. It covers the risks associated with s. 34 CJPOA 1994; drawing inferences from a failure to account under ss. 36 and 37 CJPOA 1994; and the practical aspects associated with remaining silent.
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Umakanth, Varottil. Part VIII The Government’s Legal Personality, Ch.53 Government Contracts. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0053.
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This chapter examines the Indian constitutional position relating to the formation of contracts and the substantive elements of government contracting. In particular, it considers the key issues and controversies surrounding government contracts and the contracting power of the government. It first discusses the formation of contracts to which the government is a party, along with the circumstances when the government can enter into a contract that binds it into a contractual obligation. It then describes the manner in which the government arrives at a decision to enter into—or award—a contract with (or to) a specific individual or business. It also comments on the nature and extent of judicial review of government contracting. Finally, it explains how the Indian Supreme Court has struck a balance to protect public interest from unauthorised government contracts, while also providing protection to contracting parties to a certain extent.
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Hahn, Johanna, and Elisa Hoven, eds. Strafrechtliche Verfolgung von Tierschutzkriminalität in der Landwirtschaft. Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748934943.
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This book addresses the realities of criminal prosecution of animal cruelty crimes in the agriculture. On the basis of investigation files and expert interviews the authors examine how the current laws are applied by veterinary authorities, public prosecutors and the courts. It becomes clear that the existing criminal offences do not do justice to the realities of modern farm animal use. Based on the empirical results, the authors develop reform proposals on a substantive, procedural and institutional level for an appropriate and effective punishment of animal cruelty crimes. The work serves as a guidance for both legislators and law enforcement agencies.
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Katia, Yannaca-Small, ed. Arbitration Under International Investment Agreements. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.001.0001.
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Investor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law. This book describes the most important procedural and substantive aspects of investment arbitration in a practical and accessible manner. Covering all procedural stages of investor-state arbitration, the text provides a broad overview of the key topics including the role of precedent, counterclaims, third party funding, bi-trifurcation, burden of proof regarding jurisdiction, attribution, breach of treaty and contract claims, fair and equitable treatment, indirect expropriation, and culminates in the enforcement of investment awards. The text also describes the conflicts and challenges facing arbitrators from a practical perspective, providing a comprehensive insight into investor-state arbitration.
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Jones, Alison, and Brenda Sufrin. 8. Competition, The State, and Public Undertakings. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0008.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines how competition law applies to the actions of the State when it intervenes in the market through undertakings that it controls or owns or which it places in a privileged position. The discussions include the limits of competition law; Article 4 TEU; Article 106; the direct effect of Article 106(1) and (2); Article 106(3); and services of general economic interest and state aid.
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Finck, Michèle. The Insider Narrative. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198810896.003.0004.
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The Insider Narrative captures the thesis that beyond the formal letter of EU law a parallel yet distinct narrative can be identified according to which SNAs are insiders of supranational law and its substantive development. This becomes apparent if we shift our attention away from ‘formal status’ and towards the manifold functional interconnections that have emerged between various levels of public authority over the past decades. This chapter traces polycentricity and porosity in various areas of EU law and charts distinct dynamics that frame SNAs’ insider status. SNAs have taken on a pivotal role in the administration of EU law and the development of the supranational legal order. As a result they have in some respects acquired an insider status that is in many ways analogous to that of the Member States.
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Cohn, Margit. A Theory of the Executive Branch. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198821984.001.0001.
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The executive branch in Western democracies has been handed a virtually impossible task. Expected to ‘imperially’ direct the life of the nation through thick and thin, it is concurrently required to be subservient to legislation meted out by a sovereign parliament. Drawing on a general argument from constitutional theory that prioritizes dispersal of power over concepts of hierarchy, the book argues that the tension between the political dominance of the executive branch and its submission to law is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of substantive limitation of power. Under this 'internal tension' model, the executive branch is concurrently subservient to law and dominant over it, while concepts of substantive legality are compromised. Drawing on legal and political science research, the book classifies and analyses thirteen forms of fuzziness, ranging from open-ended or semi-written constitutions to unapplied legislation. The study of this unavoidable yet problematic feature of the public sphere is addressed descriptively and normatively. Adding detailed examples from two fields of law, emergency and air-pollution law, in two systems (the UK and the US), the book ends with a call for raising the threshold of judicial review, grounded in theories of participatory and deliberative democracy. This innovative book, concerned with an area that has been surprisingly under-researched on a general level beyond extensive studies of national executives, offers a theoretical foundation that should ground all analyses of the arguably most powerful branch of modern government.
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Hylton, Keith N. Economics of Criminal Procedure. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684250.013.025.
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This chapter reviews the economics of criminal procedure, proceeding through four topics in the literature. First, it reviews the implications of substantive criminal law theories for criminal procedure. The second part discusses the error cost model of criminal procedure, which is the dominant framework and posits that criminal procedure rules are designed to minimize the sum of error and administrative costs. The third part reviews the public choice model of criminal procedure. Under this model, criminal procedure rules are designed largely to regulate rent-seeking activity. The last part of this chapter discusses some of the empirical work on procedure that bears directly on deterrence and welfare effects.
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Peter, Sester. Business and Investment in Brazil. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192848123.001.0001.
Full textAbstract:
This book provides a thorough analysis of Brazilian business law for investors and their legal advisers, focusing on topics relevant to business transactions and disputes that can arise in the aftermath of the signing or performance of deals. The essence of investment and negotiation processes is risk evaluation and allocation. Examining Brazilian law, the book focuses on the legal risks, which are higher in Brazilian law than elsewhere, particularly in comparison with contract, partnership, and company (LLC) laws governing international business transactions in the US and UK. However, whilst Brazilian contract law remains a risk factor as a result of its over-ambitious and consequently interventionist approach, Brazilian law in the areas of stock corporation, capital market, antitrust, and public procurement are state-of-the-art when compared to the US and leading European laws in Germany, Switzerland, and France. The book is divided into eight chapters: the introduction provides an overview of the economic and legal framework for doing business in Brazil, focusing on features of the Brazilian legal and economic order that are unusual to international practitioners from a comparative perspective. The other seven chapters analyze those fields of substantive law that impact most investments and cross-border transactions in Brazil. The book focuses on the interpretation of statutory law by the Brazilian Superior Court of Justice and regulatory agencies, and also provides insights into the economic and business rationale of some of the legal solutions offered.
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Carlos Maria, Correa. Trade Related Aspects of Intellectual Property Rights. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198707219.001.0001.
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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This book provides an in-depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. The book elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis—which is supported by a review of the relevant GATT and WTO jurisprudence—identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.
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Barry, Rodger, Sousa Ferro Miguel, and Marcos Francisco, eds. The EU Antitrust Damages Directive. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198812760.001.0001.
Full textAbstract:
This book provides a comprehensive review of the implementation of the Antitrust Damages Directive across a selected number of EU States. It looks at generic EU law issues, such as Member State process and methodology for implementing this EU Directive. It also assesses, more specifically, the national debates and their consequences at the level of substantive choices adopted—in terms of implementation of the various Directive provisions, which may necessitate some change in national legal procedures and/or remedies in relation to claims involving an EU competition law infringement. The book achieves this through discussion of the general EU law issue regarding the national methods used for transposition of an EU Directive, examining the processes and general approaches to the implementation of EU law in the form of a Directive within the legal systems of the various Member States analysed. Processes may vary from involving considerable consultation with public stakeholders to an approach confined to executive or parliamentary decision-making. Additionally, the research assesses the way in which the Antitrust Damages Directive was actually transposed and why the particular approach was adopted within the Member State, considering, for instance, whether the Directive was simply adopted as it stands (literal incorporation of its text through ‘cut and paste’) and what this will mean in terms of national court interpretation and application of the Directive/national law measures implementing it.
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Jones, Alison, and Brenda Sufrin. 13. Public Enforcement by the Commission and the National Competition Authorities of the Antitrust Provisions. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0013.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the following: the change in the enforcement regime for EU antitrust rules on 1 May 2004; the system under Regulation 17 that applied before then; the reasons for, and salient features of, the ‘modernisation’ in Regulation 1/2003; the powers of the Commission; the role of EU Courts; enforcement by national competition authorities and the relationship between EU and national law; the possibility of sanctions against individuals; and the position of those who make complaints about alleged infringements of the competition rules.
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Schupmann, Benjamin A. The Absolute Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198791614.003.0005.
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Chapter 4 analyzes Schmitt’s constitutional theory and how it complements his state theory. It begins with Schmitt’s criticism of the predominant positivist conception of the constitution. Schmitt argued that the positivists’ “relativized” conception of the constitution was committed above all to the equal chance of any belief to be enacted into law. This chapter then analyzes Schmitt’s counterargument that, without a prior and “absolute” commitment to some substantive value, a constitution could not fulfill its basic purpose of providing a clearly defined and stable public order. Schmitt’s typology of Relative and Absolute Constitution maps onto his state theoretical distinction between mechanical state and absolute state. This chapter concludes by discussing Schmitt’s later analysis of the concept nomos and how his analysis builds on and develops his earlier work on the concept of the absolute constitution.
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Martin, Richard. Policing Human Rights. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198855125.001.0001.
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Human rights are a common feature of police reform, rhetoric and regulation in many jurisdictions. Yet how human rights law might serve to regulate policing, function as a discourse for describing what police ‘do’ or perform as a critical concept for engaging with what the police role is, or ought to be, has received limited attention. This book is an endeavour to produce one of the first sustained, interdisciplinary accounts of the empirical realities of human rights law in policing. The substantive insights are drawn from unprecedented access to the Police Service of Northern Ireland. The book takes the reader on a tour of four sites of policing: the public forums host to ‘official’ police narratives, routine policing, public order policing and police custody. It seeks to better understand how and why police officers performing different aspects of policing, operating in distinct regulatory sites and enacting their own identities and experiences, come to encounter and engage with human rights law in their everyday work. The book aspires to embrace criminology’s interdisciplinary spirit, drawing on concepts from criminology itself, as well as law, anthropology, sociology and organizational studies, to illuminate the empirical realities of human rights law. It offers a series of findings and insights that expose how human rights law functions in modern policing, and the histories, imaginations, visions and values police officers’ express in narratives, sensemaking and practices of routine police work.
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Churchill, David. The Police and the Public. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198797845.003.0010.
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This chapter reassesses the quality of police–public relations in the nineteenth century. In contrast to existing accounts, which focus on the gradual dilution of conflict as the century progressed, the chapter argues that conflict and suspicion remained central to public perceptions of the police. It highlights the evidential shortcomings of claims concerning the rise of policing by consent in this period, and uncovers substantial evidence of conflict with the police—from serious violence to indignant complaint—from across urban society. Furthermore, it examines the intellectual content of hostile attitudes towards the police, and thus identifies their roots in popular politics (particularly radical and Chartist politics) and popular culture. Ordinary people displayed considerable respect for the rule of law, yet the police were largely unable to associate themselves with this ideal. Instead, the police struggled to meet public demand for their services, and hence sought to manage public expectations of law enforcement.
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Millard, Christopher, ed. Cloud Computing Law. 2nd ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198716662.001.0001.
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This book examines in detail the legal implications of cloud computing. In essence, 'the cloud' is a way of delivering computing resources as a utility service via the Internet. It is evolving very rapidly with substantial investments being made in infrastructure, platforms, and applications, all delivered 'as a service'. The demand for cloud resources is enormous, driven by such developments as the deployment on a vast scale of mobile apps and the rapid emergence of 'Big Data'. The book explains what cloud computing is and how it works; analyses contractual relationships between cloud service providers and their customers, as well as the complex roles of intermediaries; and explores specific arrangements for public sector cloud procurement and questions about ownership of data in clouds. It also studies the protection of personal data in clouds, governance challenges relating to access to data in clouds by law enforcement authorities, ways of facilitating competition between cloud service providers, and the consumer protection implications of cloud computing.
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Manuel José Cepeda, Espinosa, and Landau David. Part Three The Separation of Powers, 10 The Congress: Problems of Abdication and Deliberation. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190640361.003.0010.
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Just as the Colombian president has historically been very strong, the Colombian Congress has historically played a relatively minor role in the conduct of national policy. The 1991 Constituent Assembly sought to rationalize congressional behavior and give it a more substantial role. However, problems of legislative corruption and dysfunctionality have persisted. This chapter reviews the Court’s attempts to police the scope of congressional inviolability, limit congressional delegation to the executive, and incentivize and ensure adequate legislative deliberation in the lawmaking process. This jurisprudence has sought to alter legislative behavior and ensure that laws are a product of adequate social deliberation, thus improving the role of the Colombian Congress in public life.
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Kandawasvika-Nhundu, Rumbidzai. The Role of Political Parties on Women’s Participation and Representation: International IDEA Technical Paper 4/2021. International Institute for Democracy and Electoral Assistance, 2021. http://dx.doi.org/10.31752/idea.2021.99.
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‘Leave no one behind’ (LNOB) is the central, transformative promise of the 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs). Hence, SDG 5—‘Achieve gender equality and empower all women and girls’—is an intrinsic enabler for sustainable development and representative democracy for each country and the world at large. The SDG 5 stipulates the requisite collective action for transformation and creating conducive environments towards substantive equality for all women and girls. In order to take on the challenge of translating SDG 5 into reality for women and girls across the world, it is fundamental to address the key areas of gender inequality, such as gender-based discrimination in law and in practice, violence against women and girls, the lack of and unequal access to and ownership of economic resources, and women’s unequal participation and representation in both private and public decision-making positions. This Technical Paper focuses on political parties’ responsibilities on achieving gender equality in politics and women’s political empowerment, particularly women’s participation and representation in positions of power and decision making at all levels.
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Government Royalties on Sales of Pharmaceutical and Other Biomedical Products Developed with Substantial Public Funding: Illustrated with the Technology Transfer of the Drug-Eluting Coronary Stent. Now Publishers, 2021.
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