Statute Law Review最新文献_第3页

The Legislative Process and Regulatory Interventions in the Greek Democracy: Deep-Rooted Weaknesses and Recommendations for Improvement 希腊民主制度中的立法程序和监管干预：根深蒂固的弱点和改进建议

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Statute Law Review Pub Date : 2024-01-30 DOI: 10.1093/slr/hmae001

Panagiotis E Petrakis

{"title":"The Legislative Process and Regulatory Interventions in the Greek Democracy: Deep-Rooted Weaknesses and Recommendations for Improvement","authors":"Panagiotis E Petrakis","doi":"10.1093/slr/hmae001","DOIUrl":"https://doi.org/10.1093/slr/hmae001","url":null,"abstract":"The economy’s legislative, regulatory, and institutional framework profoundly influences growth. It sets societal norms and motivates economic players towards desired outcomes. Greece faces a complex challenge in enhancing its institutional structure, with interconnected issues demanding comprehensive and persistent intervention. Political stability positively impacts regulatory quality, while instability prompts resistance to government changes, affecting legislation efficacy and governmental honesty. The study identifies two counterproductive forces hindering law improvement. First, the executive power’s reluctance to measure legislative effectiveness Second, there is a pervasive distrust in law enforcers, resulting in convoluted legal frameworks. This setup aligns with statism and a flawed concept of legal certainty. Improving the legal framework requires the executive to prioritize self-assessment of efficacy and trust in law enforcement—a cornerstone of effective liberal democracy. The study advocates specific policy guidelines tailored for the Greek state. Addressing these concerns mandates an all-encompassing, persistent, and introspective approach by those in power. Ultimately, fostering trust, measuring effectiveness, and simplifying legal constructs are vital for Greece to enhance its institutional framework and foster a more effective liberal democracy. Lastly, the provision of training to those who shape and evaluate the laws is crucial to ensure high-quality regulations and interventions.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"67 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139647763","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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The Discrimination and Anomaly in the Property Rights of Indian Women 印度妇女财产权方面的歧视和不正常现象

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Statute Law Review Pub Date : 2024-01-20 DOI: 10.1093/slr/hmae002

Aditya Suswaram

{"title":"The Discrimination and Anomaly in the Property Rights of Indian Women","authors":"Aditya Suswaram","doi":"10.1093/slr/hmae002","DOIUrl":"https://doi.org/10.1093/slr/hmae002","url":null,"abstract":"The proviso of section 10 of the Transfer of Property Act of 1882, is a regressive law restraining women of certain religions from alienating property received from an inter-vivos transaction. This paper highlights this aspect of the statute and calls for reform in the property rights of such women, as the proviso violates the Indian Constitutional guarantee of preventing gender and religion-based discrimination. Further, the proviso creates an anomaly in the property interest of women who fall within the ambit of both section 10 and the Indian Succession Act. This paper also argues that the mere deletion of the impugned proviso will not address the issue of patriarchy and secure the welfare of women. Dowry is one such example discussed in this paper, which persists despite statutes aimed at eradicating it. The reasons for the existence of section 10, as given by the English Judges of the colonial past, continue to plague Indian women even today. On the contrary, a woman’s absolute interest in property would make her susceptible to dowry abuse, consequently perpetuating the practice of dowry demands. Therefore, in addition to legal reform, this paper advocates increasing efforts in sensitizing society to bring about real change.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"54 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139517824","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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Better Regulation and its Evolution in the Hellenic Legislative and Parliamentary System 更好的监管及其在希腊立法和议会制度中的演变

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Statute Law Review Pub Date : 2024-01-20 DOI: 10.1093/slr/hmae003

Fotios Fitsilis, Georgios Theodorakopoulos

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Implementation of EU Regulations in Czechia 欧盟法规在捷克的实施

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Statute Law Review Pub Date : 2024-01-10 DOI: 10.1093/slr/hmad017

Markéta Whelanová

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The Committee for Quality Evaluation of the Law Making Process in Greece: Another One Law Drafting Committee or Something More? 希腊法律制定过程质量评估委员会：另一个法律起草委员会还是更重要的东西？

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Statute Law Review Pub Date : 2024-01-10 DOI: 10.1093/slr/hmad016

Spyridon Vlachopoulos

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The Use of Lay Drafts as Drafting Instructions: A Case Study of Nigeria 使用草稿作为起草说明：尼日利亚案例研究

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Statute Law Review Pub Date : 2024-01-02 DOI: 10.1093/slr/hmad015

Michael Habila Dauda

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The Right to Silence Under Scrutiny: Unveiling the Significance of Section 313 of the Code of Criminal Procedure of India 接受审查的沉默权：揭示《印度刑事诉讼法典》第 313 条的意义

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Statute Law Review Pub Date : 2023-12-19 DOI: 10.1093/slr/hmad011

Vaibhav Chadha, Deepali Poddar

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Standard Essential Patents: Returning to the Basics on Unwired v Huawei 标准必要专利：就Unwired诉华为案回归基本原理

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Statute Law Review Pub Date : 2023-12-19 DOI: 10.1093/slr/hmad012

Soumya Prakash Patra

{"title":"Standard Essential Patents: Returning to the Basics on Unwired v Huawei","authors":"Soumya Prakash Patra","doi":"10.1093/slr/hmad012","DOIUrl":"https://doi.org/10.1093/slr/hmad012","url":null,"abstract":"Standard essential patents have become an extremely crucial element in developing modern technologies and standardization processes. This article examines the importance of standardization and standard essential patents in developing technologies and their effect on the legal jurisprudential environment. The introduction emphasizes the role of standardization in promoting the adoption of various essential technologies. Additionally, it focuses on the significance of standard essential patents that safeguard the technologies underlying such standards. The discussion delves into a particular legal case involving Unwired Planet’s licensing campaign for standard essential patents in the communication industry, emphasizing the judgments handed down by the UK Supreme Court. The analysis further investigates critical issues involved in the decision, such as jurisdiction over global licensing, non-discrimination under fair, reasonable, and non-discriminatory terms, and the flexibility of fair, reasonable, and non-discriminatory negotiations. The UK Supreme Court’s ruling clarifies maintaining a proper equilibrium between the interests of SEP holders and encouraging fair and reasonable licensing practices.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"49 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138820939","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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Mauritius Responds to its ‘Grey-Listing’ by the Financial Action Task Force Through Statutes: An Informative Review 毛里求斯通过法规回应金融行动特别工作组将其列入 "灰名单"：信息回顾

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Statute Law Review Pub Date : 2023-12-19 DOI: 10.1093/slr/hmad014

Bhavna Mahadew

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The President’s Role(s) in the Law-Making Process in Uganda 总统在乌干达法律制定过程中的作用

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Statute Law Review Pub Date : 2023-12-18 DOI: 10.1093/slr/hmad013

Jamil Ddamulira Mujuzi

{"title":"The President’s Role(s) in the Law-Making Process in Uganda","authors":"Jamil Ddamulira Mujuzi","doi":"10.1093/slr/hmad013","DOIUrl":"https://doi.org/10.1093/slr/hmad013","url":null,"abstract":"Articles 79(1) and (2) of the Constitution of Uganda provide that subject to the provisions of the Constitution, only Parliament or a person or body authorized by Parliament, has the power to make laws. Article 91 provides ways in which the President participates in the law-making process. I examine the Hansard of the 10th Parliament of Uganda (May 2016—May 2021) to demonstrate how the President invoked Article 91 to, inter alia, return Bills to Parliament or to decline to assent to Bills. The 10th Parliament passed 118 Bills, seven Bills were withdrawn and the President returned 11 Bills. The Hansard show that: (i) in most of the cases, Parliament amended the Bills to address the President’s concerns; (ii) there are instances in which Parliament appears to disregard the Constitution especially in cases where the President has exceeded the constitutional time limit within which he must assent to Bills; (iii) Parliament applied different methodologies to gather the information it needed to revise the Bills and (iv) in a few cases, Parliament disagreed with the President and declined to change the returned clauses of the Bills. The article shows, inter alia, that the President wielded enormous powers in the law-making process contrary to what was envisaged by the drafters of the Constitution. It is argued, inter alia, that in reconsidering the Bills returned by the President, Parliament should not ignore the issue of public participation otherwise the Acts may be declared unconstitutional. It is also argued, basing on the drafting history of the Constitution, that the 30-day period within which the President is required to assent to a Bill excludes Sundays and public holidays. However, it includes Saturdays.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"13 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138743172","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