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Judicial retirement age - putting the rationale on record
Get PDFProfessor Stephen Hardy (Coventry University law School) describes the rationale and role of regulation behind the retirement age for members of the judiciary. He argues that it is in the public interest that senior judges of proven judicial quality are appointed and retained in the appellate courts and suggests that a diverse judiciary through a more progressive appointments policy alongside more judicial career development and/or succession planning would certainly resolve the current concerns
A proposal for a Global Ombudsman Service
Get PDFIn this article Professor Justin Malbon (Monash Law School, University of Monash, Australia) proposes the establishment of a Global Industries Ombudsman Service (GIOS) to improve access to justice for those adversely affected by a (global) corporation’s production or investment activities. The proposed GIOS would be roughly modelled on the industry funded consumer complaints ombudsman services that have successfully operated in many jurisdictions for decades. Under the GIOS the parties entitled to lodge a complaint would be those alleging harm being caused by a corporation’s production or investment activities, and not consumers
Legal form and independence of specialist regulators: the case of the Oil and Gas authority
Get PDFIn this paper based on a presentation given at an IALS lunchtime seminar, Professorial Fellow and former Director of the Institute Terence Daintith explores the form, governance and remit of the Oil and Gas authority. As this legal form had never before been used for a specialist regulator in the UK, he suggests it is worth asking:
why this was done;
what government companies normally do;
what were the closest precedents;
what were the effects of the choice in relation to the control, accountability, and independence of the regulator; and
what might be the implications for the future.
Index keywords: Petroleum industry and trade, Petroleum law and legislation, Oil and Gas Authority, United Kingdo
Welcome to the IALS Student Law Review
Get PDFIn this Editorial Lovina Otudor (Editor-in-Chief, ISLRev, Institute of Advanced Legal Studies) welcomes you to the Autumn 2019 issue of the IALS Student Law Review and introduces the articles featured in this issue of the journal
Crumbling, creeping or enduring – the foundations of legal knowledge at a time of training reform
Get PDFLegal education periodically goes through periods of potential flux. There have been at least five major reviews within the last 50 years comprising two Command Papers - Cmnd 4595 (“the Ormrod Report” of 1971) and Cmnd 7648 (“the Benson Report” of 1979)) and three reports by the profession (including one by the short-lived Advisory Committee on Legal Education and Conduct (ACLEC)). We are currently in the midst of the individual regulatory bodies’ responses to the latest of those reviews - the Legal Education and Training Review 2013. While a range of issues are up for consideration, including the work-based element of training and the general requirement of having a degree, the likelihood is that foundation subjects will remain, to the dissatisfaction of some
The publication and online accessibility of norms in Germany
Get PDFIn this article Professor Dr Ulrich Karpen explains, with reference to the experience in Germany, that all legal norms must be published in the sense that they must be accessible to everybody who is affected by them. Nobody can obey secret law in a rule-of-law state. Publication is an integral element and the last step of lawmaking. Traditionally Parliamentary laws – and most statutory instruments – are published in paper form in a Law-Gazette. Newer forms of communication, mainly the internet, enable state governments to publish norms faster and facilitate access. There are, however, doubts over whether electronic publication is as reliable, durable and unassailable from outside as paper gazettes. This is one reason why some states take a different approach and are reluctant to change entirely, publishing laws in both new and traditional forms. However, internet access to the texts of regulations is granted in all technically developed countries. This paper analyses publication methods in the Federal Republic of Germany
The consequences of Brexit on existing and future commercial contracts
Get PDFIn this article Dr Muriel Renaudin (Lecturer in Law, School of Law and Politics, Cardiff University) argues that given that English contract law as a whole has predominantly remained untouched by European legislation, a continued membership in current trade agreements will avoid the uncertainties created by Brexit and will ensure that principles of commercial law such as predictability, security and low costs are maintained.
Index keywords: Brexit, United Kingdom, European Union, contract la
Fairness in Algorithmic Decision-making: Trade-offs, Policy Choices, and Procedural Protections
Get PDFThis article discusses conceptions of fairness in algorithmic decision-making, within the context of the UK’s legal system. Using practical operational examples of algorithmic tools, itargues that such practices involve inherent technical trade-offs over multiple, competing notions of fairness, which are further exacerbated by policy choices made by those public authorities who use them. This raises major concerns regarding the ability of such choices to affect legal issues in decision-making, and transform legal protections, without adequate legal oversight, or a clear legal framework. This is not to say that the law does not have the capacity to regulate and ensure fairness, but that a more expansive idea of its function is required
The role of pre-legislative scrutiny in complex law reform - the case of LASPO and its consequences for family justice
Get PDFThis paper considers the contribution of pre-legislative scrutiny to achieving quality legislation by analysing the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) in respect of access to legal aid in Private Family Law matters. The article seeks to explain why pre-legislative scrutiny was not used in relation to the Bill and the red flags throughout the consideration of the Bill by Parliament. It tracks the monitoring of LASPO once in force and how certain assumptions made by the Government were not accurate. The article suggests that not using pre-legislative scrutiny in respect of LASPO was a missed opportunity. Furthermore, it goes on to suggest that there should be better safeguards to ensure that pre-legislative scrutiny should be routinely used in respect of Bills that have far-reaching implications for individuals as, at the moment, it is up to the Government to decide what Bills are provided for pre-legislative scrutiny before their formal introduction into Parliament