Oxford University Commonwealth Law Journal最新文献_第10页

Civil procedure reform in Cyprus: looking to England and beyond 塞浦路斯民事诉讼程序改革:以英国及其他国家为例

Oxford University Commonwealth Law Journal Pub Date : 2016-07-02 DOI: 10.1080/14729342.2016.1276768

Nicolas Kyriakides

引用次数: 1

The overseas territories and the British courts 海外领地和英国法庭

Oxford University Commonwealth Law Journal Pub Date : 2016-07-02 DOI: 10.1080/14729342.2016.1274034

W. Fotherby

引用次数: 0

The reach of the bill of rights into personal legal relations in Kenyan constitutional law and jurisprudence 肯尼亚宪法与法理学中权利法案对人身法律关系的影响

Oxford University Commonwealth Law Journal Pub Date : 2016-07-02 DOI: 10.1080/14729342.2017.1281631

Brian Sang YK

引用次数: 1

Fidelity and betrayal under law 法律规定的忠诚和背叛

Oxford University Commonwealth Law Journal Pub Date : 2016-07-02 DOI: 10.1080/14729342.2017.1281643

E. Cameron

引用次数: 0

Proportionality as a constitutional ground of judicial review with special reference to human rights 相称性是司法审查的宪法依据，特别涉及人权

Oxford University Commonwealth Law Journal Pub Date : 2016-01-02 DOI: 10.1080/14729342.2016.1244452

B. H. Simamba

引用次数: 0

Directors’ liability in negligence to third parties: challenging the assumption of responsibility approach 董事过失对第三人的责任:对责任承担方式的挑战

Oxford University Commonwealth Law Journal Pub Date : 2016-01-02 DOI: 10.1080/14729342.2016.1244454

V. Stace

引用次数: 0

Judicial review reform: avoiding effective review through procedural means? 司法审查改革:通过程序手段回避有效审查?

Oxford University Commonwealth Law Journal Pub Date : 2016-01-02 DOI: 10.1080/14729342.2016.1211613

Joe McIntyre, Lorne Neudorf

{"title":"Judicial review reform: avoiding effective review through procedural means?","authors":"Joe McIntyre, Lorne Neudorf","doi":"10.1080/14729342.2016.1211613","DOIUrl":"https://doi.org/10.1080/14729342.2016.1211613","url":null,"abstract":"ABSTRACT From the starting point that public officials and specialist administrative agencies affect most areas of economic and social life in the modern ‘administrative state’, the authors highlight rule of law concerns that have been raised with recent English reforms to restrict the availability of access to a reviewing court through changes to the judicial review procedure. The authors consider this argument in light of comparative studies of the existing law and recent reforms in Australia, Canada, and England and Wales. This comparison provides evidence of much tighter restrictions on time limits for bringing an application for judicial review as opposed to litigation in other subject matters. The authors also situate the focus on judicial review procedure within the broader trend of proceduralism in civil litigation. The authors conclude that while there is a legitimate need for established procedures to control the judicial process and ensure efficiency, cost-effectiveness, and broader public interests, overbearing procedural reforms risk accessible and effective judicial review of public agencies and officials, which can impair the principle of legality in that all public decision-making must be held to established legal standards.","PeriodicalId":35148,"journal":{"name":"Oxford University Commonwealth Law Journal","volume":"16 1","pages":"65 - 99"},"PeriodicalIF":0.0,"publicationDate":"2016-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14729342.2016.1211613","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59820464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The economic and legal identity of the self-employed in Anglo-Australian Jurisdictions 英澳司法管辖下个体经营者的经济和法律身份

Oxford University Commonwealth Law Journal Pub Date : 2016-01-02 DOI: 10.1080/14729342.2016.1211745

F. Carrigan

{"title":"The economic and legal identity of the self-employed in Anglo-Australian Jurisdictions","authors":"F. Carrigan","doi":"10.1080/14729342.2016.1211745","DOIUrl":"https://doi.org/10.1080/14729342.2016.1211745","url":null,"abstract":"ABSTRACT The objective of the article is to track the part played by self-employed or independent contractors in shaping the wage contract. A petite bourgeoisie class that cannot be a party to an employment contract has been influential in shaping its judicial design. The reality is that in both English and Australian doctrine the judiciary has utilised the distinction between independent contractors and workers as the benchmark for categorising those embraced by an employment contract. The article argues that this state of affairs has resulted in a long standing judicial failure to provide a lucid exposition of the economic characteristics of the self-employed and wage earners, and that this has produced over an extensive historical period a series of misguided contract of employment tests. The failure to provide a cogent legal test for distinguishing the self-employed from those selling labour hours has a steep cost. When those who should be categorised as employees are classified as independent contractors the victims lose the prospect of access to employment protection rights. Social justice is the loser when the law fails to adopt a test that accurately identifies those asserting their right to the protective mantle of labour laws. A cardinal feature of the article is the space given to revisionist judges who in the past have been willing to take tentative steps towards forging an employment contract test that better reflected the economic lines separating the self-employed or independent contractors from wage labour. These bold spirits have been prepared to take the bull by the horns and begin the process of seeing class as an organising principle in distinguishing employees from independent contractors.","PeriodicalId":35148,"journal":{"name":"Oxford University Commonwealth Law Journal","volume":"16 1","pages":"1 - 27"},"PeriodicalIF":0.0,"publicationDate":"2016-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14729342.2016.1211745","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59820545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The meta-constitution: amendment, recognition, and the continuing puzzle of supreme law in Canada 元宪法:修正、承认和加拿大最高法的持续困惑

Oxford University Commonwealth Law Journal Pub Date : 2016-01-02 DOI: 10.1080/14729342.2016.1244451

Sarah E. Hamill

引用次数: 1

Can legislation mandating vaccination solve the challenges of routine childhood immunisation in Nigeria? 强制接种疫苗的立法能否解决尼日利亚常规儿童免疫接种的挑战?

Oxford University Commonwealth Law Journal Pub Date : 2016-01-02 DOI: 10.1080/14729342.2016.1244450

Cheluchi Onyemelukwe

{"title":"Can legislation mandating vaccination solve the challenges of routine childhood immunisation in Nigeria?","authors":"Cheluchi Onyemelukwe","doi":"10.1080/14729342.2016.1244450","DOIUrl":"https://doi.org/10.1080/14729342.2016.1244450","url":null,"abstract":"ABSTRACT In Nigeria, childhood mortality is very high, with almost a million children dying each year. A fifth of these die from vaccine-preventable diseases. The role of immunisation in preventing childhood morbidity and mortality is widely recognised. Unfortunately little, if any, account has been given of the law’s role in immunisation in legal discourse in Nigeria. Yet recent steps have been taken at both federal and state levels to compel immunisation using the instrument of legislation. For instance, the Child Rights Act, a domestication of the Convention of the Rights of the Child, passed in 2003 includes provisions compelling immunisation. Also, several states in Nigeria like Jigawa, Niger and Katsina States, have recently enacted legislation that makes childhood immunisation compulsory under the law. These pieces of legislation criminalise refusal to immunise children and also public statements that discourage immunisation. I identify the challenges that limit or obstruct uptake of immunisation in Nigeria and ask what role the law can play in providing solutions to these challenges. I examine the ways in which the law has been engaged to promote immunisation, the impact of law and the limits of legislative intervention. I also suggest ways to improve the law’s effectiveness in this essential public health matter.","PeriodicalId":35148,"journal":{"name":"Oxford University Commonwealth Law Journal","volume":"16 1","pages":"100 - 124"},"PeriodicalIF":0.0,"publicationDate":"2016-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14729342.2016.1244450","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59821238","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6