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Constitutional Theories, International Legal Doctrines and Jurisprudential Foundation for State of Emergency
Get PDFThe conceptualisation of a state of emergency has emerged in the discourse of politics, international human rights and constitutional law as the most potent threat to the full realisation and implementation of constitutional and international human rights. During the ongoing COVID-19 pandemic, state of emergency has become a tool for the violation of fundamental human rights not only in the West African region, but globally. This article seeks to examine the concept of state of emergency in international law and constitutional jurisprudence in order to understand whether recent claims of many governments declaring states of emergency can be justified. This article analyses and reviews the constitutional history of the use of state of emergency in Europe, United States and eventually three West Africa counties in Ghana, Nigeria and Sierra Leone
Does the French law restricting the religious practice of the Islamic full-face veil amount to persecution within the remit of International Refugee Law, or is it a legitimate distinction under International Human Rights Law?
Get PDFThis article intends to prove that the general blanket ban restricting the public wearing of a full-face veil in France is a law that illegitimately discriminates against Muslim women who choose to cover their face with a Niqab and Burqa. The Niqab and Burqa are both full Islamic veils, which cover the whole body including the face, leaving just a narrow slit for the eyes (Niqab) or covering the eyes too (Burqa).[1] Muslim women who wear an Islamic veil, do so as a badge of honour—one that is liberating, empowering, and brings solace because it is worn solely as a religious act of compliance to God. Such face coverings are a valid form of manifestation of freedom of religion; a freedom enshrined as a non-derogable right under International Human Rights Law.[2] Yet, Muslim women have been severely deprived of such a right since the enforcement of Loi 2010-1192 du 11 Octobre 2010 interdisant la dissimulation du visage dans l'espace public - Law 2010-1192 of 11 October 2010 on the Prohibition of Concealing the Face in Public Space.[3] This law has allowed for the nationwide marginalisation of a group of women simply trying to live in the comfort of their faith. I will contend that such a profane law is not only a clear form of indirect discrimination under International Human Rights Law through the State’s illegitimate justifications; but also, that the law amounts to persecution on cumulative grounds under the Refugee Convention 1951
Index to Proceedings - Bates v Post Office Limited, TLQ17 0455
No full textIndex to Proceedings - Bates v Post Office Limited, TLQ17 0455
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
Bates v Post Office Limited TLQ 17 0455 Defendant's Written Openings
No full textBates v Post Office Limited TLQ 17 0455 Defendant's Written Openings
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
Case Transcript - Bates v Post Office Limited, TLQ 17 4055 Day 5 18 March 2019
No full textCase Transcript - Bates v Post Office Limited, TLQ 17 4055
Day 5 18 March 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
Case Transcript - Bates v Post Office Limited, TLQ 17 4055 Day 7 20 March 2019
No full textCase Transcript - Bates v Post Office Limited, TLQ 17 4055
Day 7 20 March 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
What effect does the enlightened shareholder value principle in the Companies Act 2006 have on the corporate objective of UK companies?
Get PDFThe Organisation for Economic Co-operation and Development defines corporate governance as the system by which companies are directed and controlled, and through which a company’s objectives are set. Corporate governance theories are closely linked to those of corporate objectives, as the interests that directors have a duty to promote must be determined in order for one to consider issues of corporate governance. This relationship is demonstrated in the UK Corporate Governance Code’s postulation that a company should be managed efficiently to return long-term profits to the shareholders. Corporate objective debates are commonly divided between the shareholder value (‘SV’) theory and the stakeholder theory. This dichotomy remains evident in section 172(1) of the Companies Act (‘CA’) 2006’s stipulation that directors have a duty to act in a way which they consider, in good faith, to promote the success of the company for the benefit of its members, or its shareholders, as a whole. This is similar to the fiduciary duty, such as the duty to act bona fide in the best interests of the company, owed at common law antecedent to the CA 2006. It continues to require directors, when fulfilling the aforementioned duty, to have regards to the non-exhaustive list of long-term consequences alongside employee interests, fostering business relationships, impact on the community and environment, maintaining an upright reputation, and acting fairly between the company’s members. This paper begins by outlining modern discussions on the shareholder-stakeholder paradigm leading up to the codification of directors’ duties in the CA 2006, and the underlying political and legal pressures that led to the Company Law Review Steering Group (‘CLRSG’) recommendation to develop the longstanding principle of SV into enlightened shareholder value (‘ESV’) in section 172(1) of the CA 2006. To assess whether section 172(1) of the CA 2006 has modernised the SV model established in the pre-2006 case law, this paper explores the impact of the legislation on subsequent corporate governance practices in the country, specifically in regard to the reporting requirements found in later statutory instruments. Finally, it is concluded that despite legislators omitting to profoundly expand on the case law preceding the ESV provisions, rebranding SV with an ‘enlightened’ streak creates a margin for more fundamental changes, both legal and normative in nature, in the future of the doctrine, should this be required
Proving Chinese Law in the Courts of the United States: Surveying and Critiquing the Article 277 Cases
Get PDFThe volume of disputes heard by United States (US) courts containing a China element continues to be robust even against a backdrop of political rhetoric concerning an economic ‘de-coupling’ of the US and China. These cross-border disputes often involve Chinese parties and special issues, some of which concern Chinese business culture, but many of which involve interpreting questions of Chinese law. How is proving Chinese law accomplished in these cases and how have US courts performed in interpreting Chinese law? This article first discusses the approach to proving Chinese law in US courts. While expert testimony is often submitted and can be valuable to a US court, the applicable US rule offers no standards by which these opinions are to be judged. And, in the China context, without specific guidance, it can be challenging for a judge, unaccustomed with China or the Chinese legal system to determine which version of the law to believe. Moreover, under the applicable rule, the US court can simply ignore competing Chinese law opinions and conduct its own Chinese law legal research, presumably using English language sources. This can lead to interesting interpretations of Chinese law to say the least. The article anchors its discussion in an examination of those recent cases which have interpreted Article 277 of the Civil Procedure Law of the People’s Republic of China. This is the legal provision of Chinese law that can be implicated in certain situations involving cross-border discovery, and there are now numerous Article 277 cases among the reported US decisions. The article analyses Article 277 by placing it within the larger context of Chinese civil procedure and argues that the language used in the provision has a special meaning within Chinese evidence law that has been obscured in those US case decisions interpreting it, leading to erroneous results. The article concludes by offering judges and practitioners some suggestions for interpreting Chinese law in future US cases.
Keywords: Chinese law; US courts; Article 277; deposition; cross-border discovery; Hague Evidence Convention; Chinese civil procedure
Case Transcript - Bates v Post Office Limited, TLQ 17 4055 Day 20 14 June 2019
No full textCase Transcript - Bates v Post Office Limited, TLQ 17 4055
Day 20 14 June 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
The impact of the Covid-19 related emergency measures on the democracy and human rights in Armenia
Get PDFThis paper analyses the adoption, enforcement and parliamentary oversight of the emergency measures in response to COVID-19, and their impact on the democracy, human rights and good governance in Armenia