Statute Law Review最新文献_第2页

Better Regulation and the Secretariat General for Legal and Parliamentary Affairs of the Presidency of the Hellenic Government: A Considerable Work Already in Progress 更好的监管和希腊政府主席团法律和议会事务总秘书处：已在开展的大量工作

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Statute Law Review Pub Date : 2024-04-16 DOI: 10.1093/slr/hmae020

Ilias Koromilas

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An Analysis of the Legislative Protection for Journalists and Lawyers Under Zimbabwe’s Interception of Communications Act 分析津巴布韦《截取通信法》对记者和律师的立法保护

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Statute Law Review Pub Date : 2024-03-16 DOI: 10.1093/slr/hmae018

Brian Hungwe, Allen Munoriyarwa

{"title":"An Analysis of the Legislative Protection for Journalists and Lawyers Under Zimbabwe’s Interception of Communications Act","authors":"Brian Hungwe, Allen Munoriyarwa","doi":"10.1093/slr/hmae018","DOIUrl":"https://doi.org/10.1093/slr/hmae018","url":null,"abstract":"This paper provides a legal analysis that interrogates the Information Communication Act (ICA) in Zimbabwe. Its purpose is to examine the extent to which the ICA protects journalists and lawyers privileges, critical constituencies in any democratic state. The ICA, passed in 2007, has remained a heavily contested legislation in the country. On the one hand, it is understood to be security minded legislation, yet, other critics have argued that it interferes with the journalist’s source privilege, and lawyer–client confidentiality. In this paper, we are concerned about whether the Act provides adequate safeguards where the subject of surveillance is a practising journalist or lawyer. Thus we ask; to what extent does the ICA provides adequate legal safeguards to lawyers and journalists? Through a qualitative textual analysis of the law, the paper determines the constitutional implications of the main provisions of the Act on whether they reflect constitutional norms that safeguard the legal privileges accorded to the professions. We note that the ICA does not provide adequate safeguards for the protection of lawyers and journalists. We, therefore, argue that ICA is a weaponized legislation meant to emasculate these two communities of practice. As such, we call for the Act’s alignment with the current broadened constitutional provisions. South Africa’s Constitutional Court has invalidated unconstitutional provisions within its surveillance and interception laws, likewise identical provisions within its neighbouring state, Zimbabwe should follow the same. Both countries share common historical, political and economic ties.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"30 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140153052","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

Bilingual Law in Wales (and England): The Implications of Law Being Made in Two Languages 威尔士（和英格兰）的双语法律：用两种语言制定法律的影响

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Statute Law Review Pub Date : 2024-03-07 DOI: 10.1093/slr/hmae012

Dylan Mortimer Hughes

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Bilingual Statutory Interpretation and the United Kingdom: Domestic Law and International Experiences 双语法定解释与英国：国内法和国际经验

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Statute Law Review Pub Date : 2024-02-27 DOI: 10.1093/slr/hmae014

Catrin Fflûr Huws

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Policy Responses To Fake News On Social Media Platforms: A Law And Economics Analysis 社交媒体平台上假新闻的对策：法律与经济学分析

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Statute Law Review Pub Date : 2024-02-27 DOI: 10.1093/slr/hmae013

Devansh Kaushik

{"title":"Policy Responses To Fake News On Social Media Platforms: A Law And Economics Analysis","authors":"Devansh Kaushik","doi":"10.1093/slr/hmae013","DOIUrl":"https://doi.org/10.1093/slr/hmae013","url":null,"abstract":"Fake News is one of the major techno-policy challenges faced by modern societies. As popular discourse shifts to social media platforms, Fake News on the internet has increased drastically, generating significant costs for society. Consequently, there is a regulatory movement across the globe to mitigate fake news on these platforms. A law and economics analysis offers valuable insights towards devising an appropriate regulatory approach to tackling this issue. In economic terms, Fake News can be conceptualized as a negative externality, while Fact-Checking and Content Moderation Services may be defined as public goods. There exists a misplaced individual incentive to create fake news on social media platforms. A clear case of market failure and thus a need for state intervention can be made out. While direct state regulation of platforms is the preferred approach by regulators for mitigating fake news, this paper cautions against over-reliance on such a ‘negative state’ regime, due to censorship risks and enforcement costs. This paper recommends adoption of a multi-pronged strategy, including a statutory Pigouvian tax to internalize social costs of fake news on social media platforms within the market, by channelling resources towards promoting positive state measures to mitigate the broader effects of fake news on these platforms. This paper’s analysis is largely located in the Indian context, with references to other jurisdictions.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"50 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140025403","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}

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Reassessing Proportionality: Implied Limitations and Judicial Review under Section 6 of the British Nationality Act 1981 重新评估相称性：1981 年英国国籍法》第 6 条下的默示限制和司法审查

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Statute Law Review Pub Date : 2024-02-25 DOI: 10.1093/slr/hmae005

Arfan Khan

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The Right to Citizenship of Rohingya Children of Bangladeshi Descent Under International Human Rights Law 国际人权法规定的孟加拉国裔罗辛亚儿童的公民权利

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Statute Law Review Pub Date : 2024-02-25 DOI: 10.1093/slr/hmae011

Mohammad Sabuj

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The Corporate ‘Failure to Prevent’ Principle in the UK Bribery Act 2010: Philosophical Foundations of Economic Crime 英国《2010 年反贿赂法》中的公司 "未能预防 "原则：经济犯罪的哲学基础

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Statute Law Review Pub Date : 2024-02-25 DOI: 10.1093/slr/hmae007

Shabir Korotana

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Textualism as a Theory of Interpretation of Legal Norms in the Context of Doctrinal Views 文本主义作为教义观点背景下的法律规范解释理论

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Statute Law Review Pub Date : 2024-02-17 DOI: 10.1093/slr/hmae006

Vitalii Serediuk, Illya Shutak, Ihor Onyshchuk

{"title":"Textualism as a Theory of Interpretation of Legal Norms in the Context of Doctrinal Views","authors":"Vitalii Serediuk, Illya Shutak, Ihor Onyshchuk","doi":"10.1093/slr/hmae006","DOIUrl":"https://doi.org/10.1093/slr/hmae006","url":null,"abstract":"The relevance of the study is due to the problem of establishing the accuracy of the content of legal norms. Accordingly, there is a need to define a new way to explain, apply, and understand them. The purpose of the article is to carry out a theoretical and legal analysis of textualism as a theory of interpretation of legal norms. The research used such methods as analysis, deduction, induction, comparative analysis, and others. Taking the research through the prism of the doctrine of textualism in the interpretation of legal norms, the authors demonstrated that the effectiveness of this method is capable of restoring the semantic content of the text, which helps to clarify the meaning of the norms effectively and consistently. They found that the method under study could be applicable in legal practice to disclose the construction of legal norms, which multiply chances to provide accurate disclosure of the legal content of the norm. The practical value of the results lies in the identification of a new way of interpreting the norms, which will provide a future opportunity to increase the level of effective law enforcement of the current legislation.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"138 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139904088","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}

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Judicial Review Challenges to Secondary Legislation in England and Wales: Courting Controversy 对英格兰和威尔士二级立法的司法审查质疑：引发争议

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Statute Law Review Pub Date : 2024-02-17 DOI: 10.1093/slr/hmae010

Alistair Mills

引用次数: 0