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

The old order changeth and giveth way to the new: WhatsApp debuts as a means of substituted service in Ghana 旧的秩序改变了，让位于新的秩序:WhatsApp作为一种替代服务在加纳首次亮相

Oxford University Commonwealth Law Journal Pub Date : 2015-01-02 DOI: 10.1080/14729342.2015.1108121

M. A. Mensa-Bonsu

引用次数: 4

Remedies for equitable wrongs: Coherence and limitation principles AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58 衡平法错误的救济:连贯性和限制原则:AIB集团(英国)有限公司诉Mark Redler & Co Solicitors [2014] UKSC 58

Oxford University Commonwealth Law Journal Pub Date : 2015-01-02 DOI: 10.1080/14729342.2015.1100375

Ronald J. J. Wong

引用次数: 0

The enemy property laws in Bangladesh: grabbing lands under the guise of legislation 孟加拉国的财产法敌人:打着立法的幌子攫取土地

Oxford University Commonwealth Law Journal Pub Date : 2015-01-02 DOI: 10.1080/14729342.2015.1101226

T. Yasmin

引用次数: 0

Australian Feminist Judgments: Righting and Rewriting Law 澳大利亚女权主义判决:法律的修正与改写

Oxford University Commonwealth Law Journal Pub Date : 2015-01-02 DOI: 10.1080/14729342.2015.1108120

Tasneem Deo

引用次数: 21

Scrutinising parliament's scrutiny of delegated legislative power 审查议会对授权立法权的审查

Oxford University Commonwealth Law Journal Pub Date : 2015-01-02 DOI: 10.1080/14729342.2015.1123545

G. Appleby, J. Howe

{"title":"Scrutinising parliament's scrutiny of delegated legislative power","authors":"G. Appleby, J. Howe","doi":"10.1080/14729342.2015.1123545","DOIUrl":"https://doi.org/10.1080/14729342.2015.1123545","url":null,"abstract":"ABSTRACT Delegation of legislative power to the Executive occupies a unique place within the constitutional division of power. As a matter of necessity, efficiency, responsiveness, and a desire for increased participation from industry, delegation of legislative power is common but surprisingly under-theorised and under-studied. For decades in Australia it has been the domain of the Parliament to determine the appropriate exercise and level of scrutiny for delegated legislative power. But the constitutional landscape may be changing. In the 2012 decision Williams v Commonwealth (No 1), the Australian High Court indicated a greater willingness to scrutinise more robustly the performance of Parliament's supervisory functions. Against the background of the Court's new interest in responsible government, we argue that the current parliamentary practice of review of the exercise of delegated power is unable to achieve robust accountability. Informed by the High Court's jurisprudence in Williams (No 1) and the theories of responsible government and separation of powers, we suggest reforms that will ensure Parliament is meeting its constitutional duty of calling the Executive to account to it and, ultimately, the people.","PeriodicalId":35148,"journal":{"name":"Oxford University Commonwealth Law Journal","volume":"15 1","pages":"3 - 40"},"PeriodicalIF":0.0,"publicationDate":"2015-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14729342.2015.1123545","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59820683","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: 2

GENERAL EDITOR'S FOREWORD 总编辑的前言

Oxford University Commonwealth Law Journal Pub Date : 2015-01-02 DOI: 10.1080/14729342.2016.1140364

KV Krishnaprasad

引用次数: 0

Liability for costs when class representatives change in Australia's federal class actions 澳大利亚联邦集体诉讼中班级代表变更时的费用责任

Oxford University Commonwealth Law Journal Pub Date : 2015-01-02 DOI: 10.1080/14729342.2015.1123546

V. Morabito

{"title":"Liability for costs when class representatives change in Australia's federal class actions","authors":"V. Morabito","doi":"10.1080/14729342.2015.1123546","DOIUrl":"https://doi.org/10.1080/14729342.2015.1123546","url":null,"abstract":"ABSTRACT Unlike most orthodox litigation, class actions bind persons, generally called class members, who are not formal parties to the proceedings. As a result of this unique or sui generis nature of class action litigation, courts presiding over this type of litigation are frequently required to determine issues or questions (a) with respect to which little or no guidance has been provided by both the class action regime in question and the rules of court governing orthodox litigation and (b) that raise competing interests and values and have a significant impact on the ability of class actions to attain crucial aims, such as access to justice, that they were designed to secure. One of the issues or questions that brings to the fore the scenario depicted above is what impact will a change among the class representatives have on the ability of the defendants to recoup some of their legal costs, incurred before the change among their adversaries, if the outcome of the class action is in their favour. This important dimension of class action litigation will be canvassed with respect to Australia's federal class action regime which is one of the world's oldest and most vibrant class action regimes. This evaluation will be undertaken by employing the findings stemming from the first empirical study of this regime, which the author is currently conducting.","PeriodicalId":35148,"journal":{"name":"Oxford University Commonwealth Law Journal","volume":"15 1","pages":"71 - 97"},"PeriodicalIF":0.0,"publicationDate":"2015-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14729342.2015.1123546","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59820695","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

Giving Effect to International Human Rights law in the Domestic context of Botswana: Dissonance and Incongruity in Judicial Interpretation 在博茨瓦纳国内背景下实施国际人权法:司法解释中的不和谐与不协调

Oxford University Commonwealth Law Journal Pub Date : 2014-12-01 DOI: 10.1080/14729342.2015.1047654

B. Maripe

{"title":"Giving Effect to International Human Rights law in the Domestic context of Botswana: Dissonance and Incongruity in Judicial Interpretation","authors":"B. Maripe","doi":"10.1080/14729342.2015.1047654","DOIUrl":"https://doi.org/10.1080/14729342.2015.1047654","url":null,"abstract":"ABSTRACT Since 1st April 2008, Botswana has been very vocal on international affairs. She has taken some very serious positions on the political front on events happening around the globe. Examples include her rejection of an African Union resolution not to cooperate with the International Criminal Court in the latter's quest to arrest and hand over Al Bashir of Sudan and Muammar Gaddafi of Libya to the International Criminal Court for prosecution, and defying an African Union resolution which sought to pressurise the International Criminal Court to drop charges against President Kenyatta of Kenya and his deputy Ruto. In all these cases her position was based on her self-declared status as a champion and observer of democracy and the rule of law. This has begged the question whether Botswana practices those norms within her domestic sphere and whether the practice of other organs of the state, in particular the judiciary, reflect the same international posture. The conclusion that will be reached is that the practice in Botswana is not quite in consonance with the position presented on the international plane.","PeriodicalId":35148,"journal":{"name":"Oxford University Commonwealth Law Journal","volume":"58 1","pages":"251 - 282"},"PeriodicalIF":0.0,"publicationDate":"2014-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14729342.2015.1047654","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59820572","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

Filling in the Doughnut? Police Operational Discretion and the Law in Australia 填充甜甜圈?澳大利亚警察行动自由裁量权与法律

Oxford University Commonwealth Law Journal Pub Date : 2014-12-01 DOI: 10.1080/14729342.2015.1047649

D. Clark

引用次数: 0

Good Faith Duties in Contract Performance 合同履行中的诚信义务

Oxford University Commonwealth Law Journal Pub Date : 2014-12-01 DOI: 10.1080/14729342.2015.1047655

J. Paterson

{"title":"Good Faith Duties in Contract Performance","authors":"J. Paterson","doi":"10.1080/14729342.2015.1047655","DOIUrl":"https://doi.org/10.1080/14729342.2015.1047655","url":null,"abstract":"ABSTRACT There has been an ongoing debate in common law countries about the merits of recognising a general obligation to act in good faith in the performance of contracts. Courts in England, Australia, Canada and Singapore have responded differently to this possibility. However, courts in those jurisdictions have been prepared to imply a similar bundle of more specific duties that are increasingly seen as expressing the core content of any general principle of good faith in contract law. The ‘good faith’ duties promote loyalty or fidelity to the contractual relationship, primarily by requiring honesty and cooperation in contract performance and by precluding the exercise of discretionary contractual powers in a manner that is unreasonable or outside the proper purposes of the power. The presence of these duties in the relatively stable and commercially orientated contract law of the jurisdictions considered suggests that ideas of good faith need not produce undue uncertainty for contracting parties. On the other hand, the increasingly well-established operation of these more specific duties raises the question of what would be gained through recognising a general obligation of good faith performance in the common law of contract.","PeriodicalId":35148,"journal":{"name":"Oxford University Commonwealth Law Journal","volume":"14 1","pages":"283 - 309"},"PeriodicalIF":0.0,"publicationDate":"2014-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14729342.2015.1047655","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59820583","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: 36