Statute Law Review最新文献

Revisiting Criminal Law Bills: An In-Depth Critical Analysis of Bharatiya Nyaya Sanhita Bill and Bharatiya Nagarik Suraksha Bill 重新审视刑法法案：深入批判性分析《印度教 Nyaya Sanhita 法案》和《印度教 Nagarik Suraksha 法案

IF 0.3

Statute Law Review Pub Date : 2024-09-17 DOI: 10.1093/slr/hmae043

Arushi Bajpai, Akash Gupta, Akshath Indusekhar

{"title":"Revisiting Criminal Law Bills: An In-Depth Critical Analysis of Bharatiya Nyaya Sanhita Bill and Bharatiya Nagarik Suraksha Bill","authors":"Arushi Bajpai, Akash Gupta, Akshath Indusekhar","doi":"10.1093/slr/hmae043","DOIUrl":"https://doi.org/10.1093/slr/hmae043","url":null,"abstract":"In an attempt to revise the criminal laws, India has introduced three new criminal law bills in the Lok Sabha in August 2023, which later received a few recommendations from the parliamentary committee and recently got a nod from the President of India. These bills have been diligently formulated after consultation with the apex court, the high courts, some of the most renowned law universities in the country, and other experts in the field. However, there have been a lot of drafting errors in the new bills. Since the time it has been introduced, it has been highly criticized by all the scholars and lawyers across the nation. The idea of overhauling the criminal law acts was to go away from the colonial law provisions and frame the laws with Indian context. The IPC will be changed after around 163 years. However, the author believes that the colonial laws remain intact in the new bills. This article has seen all the changes that new bills are cringing providing special focus to the Bharatiya Nyaya Sahinta (BNS) and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The author has mentioned all the changes brought in the BNS and BNSS and the critiques of the new bills.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142266549","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

Four Years of Anti-COVID-19 Regulations in Greece: Overview of the Legislative and Regulatory Process and of an Exemplary Administrative Codification 希腊反 COVID-19 条例实施四年：立法和监管程序以及行政编纂典范概览

IF 0.3

Statute Law Review Pub Date : 2024-09-15 DOI: 10.1093/slr/hmae042

Vasiliki Ntalakou, Foteini Theodorakou, Ilias Karakatsanis, Pantelis Traianos

{"title":"Four Years of Anti-COVID-19 Regulations in Greece: Overview of the Legislative and Regulatory Process and of an Exemplary Administrative Codification","authors":"Vasiliki Ntalakou, Foteini Theodorakou, Ilias Karakatsanis, Pantelis Traianos","doi":"10.1093/slr/hmae042","DOIUrl":"https://doi.org/10.1093/slr/hmae042","url":null,"abstract":"In the 25th of February 2024, four years since the first Act of Legislative Content of the Greek Government concerning the prevention and limitation of the spreading of coronavirus COVID-19 were completed. The regulatory production of this period is huge and has a series of unique characteristics with prevailing one the use of means of extraordinary legislation as foreseen in the Greek Constitution. All these measures are presented in a consolidated form in the “Special Administrative Codification of urgent regulatory measures to prevent and limit the spreading of coronavirus COVID-19 and to deal with relevant problems” under the short name of PANDEKTIS, conducted by the Department of Administrative Codifications – Raptarchis of the Secretariat General for Legal and Parliamentary Affairs of the Presidency of the Greek Government. The study of this monumental work gives rise to very interesting findings, about the way Hellenic Government handled the Pandemic crisis. This article presents the law-making process and the process of issuing secondary legislation during the Pandemic, its quantitative and qualitative characteristics with special comment on the fulfillment of the rules and principles of Better Regulation and discusses the use of administrative codification as a means of reflecting an holistic picture of the regulatory production during a period of crisis.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142266675","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

Two Uses of Purpose in Statutory Interpretation 目的在法律解释中的两种用途

IF 0.3

Statute Law Review Pub Date : 2024-08-29 DOI: 10.1093/slr/hmae040

Mark P Mancini

引用次数: 0

Climate Volatility, Foundational Freedoms, and the Environment Act 2021: The Transformative Potential of the Principle of Legality 气候波动、基本自由与《2021 年环境法案》：合法性原则的变革潜力

IF 0.3

Statute Law Review Pub Date : 2024-08-27 DOI: 10.1093/slr/hmae038

Ben Chester Cheong

引用次数: 0

Protection of Athletes’ Rights in International Sports Organizations 国际体育组织对运动员权利的保护

IF 0.3

Statute Law Review Pub Date : 2024-08-24 DOI: 10.1093/slr/hmae041

Oleg Yaroshenko, Tetyana Kaganovska, Viktoriia Sheverdina, Andrey Sliusar, Oleh Rozhnov

{"title":"Protection of Athletes’ Rights in International Sports Organizations","authors":"Oleg Yaroshenko, Tetyana Kaganovska, Viktoriia Sheverdina, Andrey Sliusar, Oleh Rozhnov","doi":"10.1093/slr/hmae041","DOIUrl":"https://doi.org/10.1093/slr/hmae041","url":null,"abstract":"The protection of athletes’ rights in international sports organizations is important and relevant in the modern world. This concerns numerous aspects, including the protection of athletes’ dignity, physical and psychological health, equality and non-discrimination, fair competition, transparency and accountability in the management of sports organizations, and the promotion of sport itself. These aspects, as well as the role of sport in society, the development of sport and its impact on other areas of life, make the study of athletes’ rights protection an essential task that helps to shape a fair and ethical sporting environment in the modern world. In this article, the authors reviewed various aspects of athletes’ rights protection in international sports organizations, analyzed their history and development, studied international standards and documents regulating this issue, and considered specific athletes’ rights, including through the analysis of practical cases. They also examined the challenges and problems faced by athletes and proposed measures to improve the situation and strengthen the protection of their rights. This article aims to emphasize the importance of ensuring the rights of athletes as a prerequisite for the stable and fair development of modern sport, as well as a necessary component of the global sports community.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142195620","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

Scotland in the Forefront of Property Law Reforms in the UK: Potential Implications for the Scottish People 苏格兰处于英国财产法改革的前沿：对苏格兰人民的潜在影响

IF 0.3

Statute Law Review Pub Date : 2024-08-10 DOI: 10.1093/slr/hmae037

Goodtime Chimnecherem Okara

引用次数: 0

Good Lawmaking, Democracy, and Accountability 良好的立法、民主和问责制

IF 0.3

Statute Law Review Pub Date : 2024-08-03 DOI: 10.1093/slr/hmae034

Emmanouil M L Economou, Nicholas C Kyriazis

引用次数: 0

A Comparative Study of the Indian Penal Code and the Bharatiya Nyaya Sanhita’s Gender-related Provisions 印度刑法典》与《印度尼雅圣训》中与性别相关条款的比较研究

IF 0.3

Statute Law Review Pub Date : 2024-07-23 DOI: 10.1093/slr/hmae033

Himanshu Shrivastava, Sabeeh Akhter

引用次数: 0

Transposition and Application of EU Acts in the Cyprus Jurisdiction 欧盟法律在塞浦路斯司法管辖区的转化和应用

IF 0.3

Statute Law Review Pub Date : 2024-07-12 DOI: 10.1093/slr/hmae031

Demetris Lysandrou

引用次数: 0

Towards A Participatory Democracy—A Case For Inclusive Public Participation In Law-Making 走向参与式民主--公众参与法律制定的包容性案例

IF 0.3

Statute Law Review Pub Date : 2024-06-21 DOI: 10.1093/slr/hmae029

Sayantani Bagchi, Prakhar Raghuvanshi

{"title":"Towards A Participatory Democracy—A Case For Inclusive Public Participation In Law-Making","authors":"Sayantani Bagchi, Prakhar Raghuvanshi","doi":"10.1093/slr/hmae029","DOIUrl":"https://doi.org/10.1093/slr/hmae029","url":null,"abstract":"Any society is governed by a set of laws. In modern democratic nations, especially nations governed by post-war constitutions, such laws are enacted by an elected legislature. The legislature is bound by the constitution itself, both in procedure and in substance. In India, such protection exists in the forms of legislative competence, fundamental rights, and other provisions of the constitution. However, India lacks a direct say of the people in the law-making process which governs the citizenry. The recent controversy in India, including the farm laws reform undertaken in 2020, highlights the need for the participation of stakeholders, experts, and the public in general in the law-making process. The Supreme Court of India has interpreted the right to participation in a limited sense and majorly in cases relating to environmental pollution. There exists a lacuna in the rights-based framework with respect to the right to participate in law-making. India has had a Pre-Legislative Consultation Policy in place since 2014 that mandates publishing the bill thirty days prior to introduction in the parliament for public comments. However, data reflects disregard of the policy by the Government. Furthermore, there is a downward trend in the number of bills being referred to parliamentary committees for scrutiny. This impacts negatively in two ways—first, leading to a lacuna in legislative drafting, and second, depriving the stakeholder and public of the opportunity to submit their comments on a bill under consideration. The extra-parliamentary avenues like the Law Commission of India, which have a significant impact on the legal framework in the country, are under a shadow. The authors argue that there is a need to incorporate a binding consultation policy ensuring public consultation in the process of law-making. This will have both an intrinsic as well as instrumental value.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":null,"pages":null},"PeriodicalIF":0.3,"publicationDate":"2024-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141530050","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