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Case translation: Bulgaria
Get PDFDecision No 50, Haskovo District Court, Civil Division, II appellate civil panel, 20 January 2018
Bulgaria; Civil Procedure Code; formation of contract; electronic evidence; exchanges via social networking website; proo
William Forster Senior and the response of Norwich and Norfolk to Famine in Ireland, 1846-1849
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Banking regulation and environmental sustainability
Get PDFIn this article Professor Kern Alexander (Chair for Banking and Financial Market Law, University of Zurich, Senior Research Fellow, Institute of Advanced Legal Studies, London and Professorial Fellow in Financial Regulation, Centre for Risk Studies, Judge Business School, University of Cambridge) discusses why environmental sustainability is relevant to banking policy and regulation and shows how G20 countries are using banking policy to meet sustainability challenges through a variety of institutional and regulatory approaches that reflect their own unique national circumstances. The article suggests that G20 countries have still further to go in using banking regulation to promote the mobilization of green capital for investment and for mainstreaming environmental sustainability challenges into bank business strategies, governance and risk management practices. In this way, banking regulation can more effectively support the economy’s adaptation and transition to a more environmentally sustainable economic path. This paper is based on a lecture he gave at the IALS on 22 March 2016 discussing some of the issues in his report and the broader green banking policy agenda, including the regulatory policy options for banks to adopt environmental standards into their governance and business strategie
Reconstructing judicial review for the advancement of justice and good governance
Get PDFIn Reconstructing Judicial Review (Hart Publishing, 2016) Dr Sarah Nason (Lecturer in Law, Prifysgol Bangor University) examines theories of judicial review against empirical evidence and moral argument. She was particularly concerned to challenge the accuracy and normative value of the reformation or constitutionalisation theories. It was not her explicit intention to develop a new theory of judicial review, but through criticism of existing accounts and the collection of original empirical data, a new theory emerged; this is of judicial review for the advancement of justice and good governance. In the book the author develops and utilise a unique methodology combining empirical evidence and moral argument to construct this new understanding. Having analysed social practice and considered its justification she is now concerned with adjustments to better achieve those justificatory purposes. Her aim here is to sketch some features of judicial review for the advancement of justice and good governance focusing on how it might help condition future reforms
Recent trends in legislation and legisprudence in Europe: how can scholarship help to improve regulatory quality?
Get PDFLaws of comprehensible quantity and good quality, precise and transparent statutes are essential elements of rule of law. Legislation in all European countries and the European Union, however, fails to reach these goals. The number of laws, as enacted, and the quantity of the body of law is constantly increasing. Undoubtedly, excessive legislation is a criterion of quality deficits, for laws which one cannot know or understand cannot be effectively implemented. But quality standards fail to be met in many more respects, namely in a formal sense. The law should be as simple as possible and formulated in a plain language, unless the addressees are specialists (eg in technology). The law also should obey a coherent structure; style, wording, the use of references, general clauses etc must be properly used. The reality is that legislation often neglects to follow these rules. This is a standing complaint in all European countries; legislation is neither transparent nor understandable and close to the citizens. Instead, it is often superfluous and irritating. Legisprudence is scholarship in legislation, and in the form of research, publication of results and teaching in legislation is called upon to improve this deplorable situation. Since the law is the primary and central instrument of government in the democratic and rule-of-law state, legisprudence contributes to “better legislation” as an essential element of better regulation and “better government”. The following remarks start from some apparent trends in legislation today in a comparative, rather than national, perspective. They will then proceed to look at chances and limits of scholarship in legislation. This article by Professor Dr Ulrich Karpen sheds light on three trends in legislation, which can be observed in all states of the constitutional type: (1) the quantity of legislative output, (2) the belief in the rationalisation of legislation and its progress, and finally (3) the monitoring of legislation by regulatory impact assessment (RIA), namely by judicial review
IMPRESS fails to meet its own standards
Get PDFJulian Harris continues his updates on the development of press regulation in the UK. On 26 September 2017 the approved press regulator, IMPRESS, published a news item entitled “IMPRESS is growing fast, with publishers reaching 4.5 million readers”. The release went on to explain that IMPRESS was consolidating its position, with a standards code in force and more publishers joining. Item 7 of the notes included a link to a document entitled “Addressing concerns about IMPRESS’ impartiality: Final report of the internal review panel.” The report concluded that the Chief Executive of IMPRESS, Jonathan Heawood, and two members of the board – a journalist, Emma Jones and Professor Máire Messenger Davies – had all breached IMPRESS’ internal standards
Jury direction – an antipodean experiment
No full textJustice Mark Weinberg (Judge of the Court of Appeal, Supreme Court of Victoria and Inns of Court Fellow at the Institute of Advanced Legal Studies in London in 2016-17) discusses difficulties with the length and complexity of jury directions experienced in a number of common law countries in recent years. His paper looks in particular at the situation in Australia where, in some respects, jury directions had become a major problem for the criminal justice system and considers the wider application of the Australian solutions to lawyers in England and Wales