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Electronic Execution of Documents Interim Report: a critical analysis
Get PDFAn Industry Working Group set up by a public appointments competition has recently produced Electronic Execution of Documents Interim Report via the Ministry of Justice. The Law Commission dealt with this issue in 2019 in Electronic execution of documents (Law Com No 386, HC2624) and it was suggested that uncertainties may have influenced the degree of confidence of users. The aim of this article is to provide a critical analysis of the Interim Report and its uncritical acceptance of the suggestion.
Index words: Ministry of Justice; England & Wales; electronic execution; electronic documents; electronic signatures; recommendation
Ismay Report: Horizon – Response to Challenges Regarding Systems Integrity (Post Office Limited, 2 August 2010)
No full textHorizon – Response to Challenges Regarding Systems Integrity (Post Office Limited, 2 August 2010
Legal Unreasonableness after Li—A Place for Proportionality
Get PDFSubstantive legal unreasonableness as a ground of judicial review of the exercise of an administrative discretionary power was not often successful in Australia due to the strictness of Lord Greene’s formulation of the test in Wednesbury. In 2013, the High Court of Australia reformulated the test in Minister for Immigration and Citizenship v Li. That gives rise to questions as to how certain and transparent a test of legal reasonableness can be. The courts in England have considered similar questions concerning Wednesbury unreasonableness often accompanied by a consideration of proportionality principles. This article examines those questions and the extent to which the Australian courts may follow developments in England
Putting a Social and Cultural Framework on the Evidence Act: Recent New Zealand Supreme Court Guidance
Get PDFWhat follows are presentations to a seminar on the Supreme Court decision in Deng v Zheng (2022): guidance on bringing relevant social and cultural information to the court’s attention. The case concerned whether, despite a lack of formal documentation, the parties had entered into a legal partnership, of which they would be jointly responsible for the debts of the partnership. Two issues arose relating to the culture of the parties: namely, whether the meaning to be ascribed to 公司 (gingsi) went beyond ‘company’ and could extend to ‘firm’ or ‘enterprise’ and the significance of 关系 (guanxi). Both parties are Chinese and their business relationship appeared to have been conducted in Mandarin. Justice Goddard was the presiding judge in Zheng v Deng (2020), the Court of Appeal judgment appealed to the Supreme Court. Mai Chen appeared with two other lawyers on behalf of the intervenor, the New Zealand Law Society.
Keywords: social and cultural framework; Evidence Act; expert evidence; translations; interpreters; adjudicative facts; social facts; legislative facts; stereotyping; subconscious bias; judicial notice; reliable published documents
Ethical Limits of Pandemic Governance: Populations on the Move and the Law
Get PDFThis article explores the context-bound qualities of the legally sanctified practices of ‘quarantine’ and border closures as it examines the normalized invisibility of populations on the move who have not been ‘protected’ through the use of such standard Covid-19 measures. Inside national borders, isolation and quarantine orders are traditionally issued by states in accordance with the state’s broad powers to protect public health. Throughout the Covid-19 pandemic, these orders have been either not applied to or on certain occasions intervened with or suspended when a quarantine was deemed unreasonable or inapplicable with reference to migrants, refugees and displaced people. The article proposes a redefinition of death as ‘death-in-living’ and ‘grievable lives’ as ‘disposable lives’ in order to understand the conundrum concerning the selective application of Covid-19 measures to irregular migrants, refugees, undocumented and non-status peoples and stateless communities. Legal responses to the pandemic continue to have a far greater impact upon populations on the move, displaced communities and refugees in radically unequal ways. The article reveals the ethical limitations of global pandemic governance in terms of how legal and policy-based practices systemically fail and desert certain populations and advances a notion of justice that starts from a deeper understanding of existing injustices.
Keywords: global governance; death-in-living; grievable lives; populations on the move; Covid-19 pandemic; ethical limits of law
