University of Toronto Law Journal最新文献_第7页

The city in the constitutional imagination 宪法想象中的城市

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2021-11-05 DOI: 10.3138/utlj-2021-0099

M. Loughlin

引用次数: 2

Hanoch Dagan, A Liberal Theory of Property Hanoch Dagan，《自由主义财产理论

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2021-11-03 DOI: 10.3138/utlj-2021-0042.br

E. Rosser

引用次数: 1

Stephen A Smith, Rights, Wrongs, and Injustices: The Structure of Remedial Law 史蒂芬·A·史密斯:《权利、错误与不公正:补救法的结构》

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2021-11-01 DOI: 10.3138/utlj-2021-0066

Zoë Sinel

引用次数: 0

Combatting corruption and collusion in public procurement: Lessons from Operation Car Wash 打击公共采购中的腐败和勾结:“洗车行动”的教训

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2021-11-01 DOI: 10.3138/utlj-2021-0023

Alison Jones,Caio Mário da Silva Pereira Neto

{"title":"Combatting corruption and collusion in public procurement: Lessons from Operation Car Wash","authors":"Alison Jones,Caio Mário da Silva Pereira Neto","doi":"10.3138/utlj-2021-0023","DOIUrl":"https://doi.org/10.3138/utlj-2021-0023","url":null,"abstract":"This article examines the question of how a nation can combat corruption and collusion and prevent these practices from plaguing and undermining public procurement processes. This matter is especially important to Brazil where Operation Car Wash exposed widespread corruption and collusion affecting public procurement. Although focusing on Brazil, this article reflects on a broader academic and policy debate as to how a nation can escape from a ‘high-corruption’ equilibrium, especially one strengthened by its interaction with supplier collusion. In particular, whether endemic corruption can be combatted through an invigorated law enforcement push, combined with incremental reform, or whether some ‘big bang’ approach, with complete institutional overhaul, is required to establish a new equilibrium. The article notes that the Brazilian experience provides support for the hypothesis that, where corruption is endemic, better laws and law enforcement may be insufficient on their own to break a cycle and to remove the incentives and opportunities for corruption and collusion that exist. However, it also recognizes that, for many jurisdictions, wholesale big bang reform is unlikely to be feasible. It thus proposes a multi-pronged, and self-reinforcing, set of reforms to trigger change, concentrated on weaknesses diagnosed in the system. In particular, it suggests that where corruption affects public procurement, beyond specific adjustments to procurement, competition and anti-corruption laws, procurers, anti-corruption and competition enforcement agencies need to work closely together to coordinate policies, achieve synergies and to combat incentives and opportunities for corruption and collusion within procurement processes. Such reforms must be combined with measures to tackle broader factors contributing to systemic corruption. Although inspired by the Brazilian case study, the diagnosis and proposed reform strategy provides a workable model for use in other jurisdictions.","PeriodicalId":46289,"journal":{"name":"University of Toronto Law Journal","volume":"21 2","pages":"103-150"},"PeriodicalIF":0.6,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138519879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Clash of powers: Did Operation Car Wash trigger a constitutional crisis in Brazil? 权力冲突:“洗车行动”是否引发了巴西的宪法危机?

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2021-11-01 DOI: 10.3138/utlj-2021-0063

Oscar Vilhena Vieira

引用次数: 0

Legal Gaslighting 法律煤气灯

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2021-10-20 DOI: 10.3138/utlj-2020-0125

Alvin Y. H. Cheung

{"title":"Legal Gaslighting","authors":"Alvin Y. H. Cheung","doi":"10.3138/utlj-2020-0125","DOIUrl":"https://doi.org/10.3138/utlj-2020-0125","url":null,"abstract":"Abstract:Suppose that an authoritarian regime wants to make changes to legal norms or institutions to consolidate its hold on political power. Suppose further that the regime in question cannot simply ignore the domestic or international costs of doing so, and that it has an interest in responding to critiques of these changes based on liberal democratic norms and the rule of law. How can it do so?One possible approach is to sow confusion and undermine the normative standards themselves – in effect, to ‘gaslight’ the domestic or international audience (or both). To that end, a regime might assert that the change it proposes resembles a ‘best practice’ from one or more other jurisdictions. Such emulation need not be thorough, or even sincere; it may suffice simply to assert that a proposed change resembles that in a jurisdiction with ironclad rule-of-law credentials. The changes being adopted may bear no real resemblance to the ‘comparators’ on closer examination. Alternatively, the measures being adopted may be similar on their face, but operate in such a different context that they end up serving a very different function to the function they perform in the comparator jurisdiction. Such gaslighting need not succeed in deceiving outsiders or subjects; undermining the standards by which legal reforms are measured, sowing confusion, or providing a superficial pretext for inaction may be sufficient.","PeriodicalId":46289,"journal":{"name":"University of Toronto Law Journal","volume":"72 1","pages":"50 - 80"},"PeriodicalIF":0.6,"publicationDate":"2021-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46394864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

The limits of evidence-based anti-bribery law 循证反贿赂法的局限性

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2021-10-18 DOI: 10.3138/utlj-2021-0055

K. Davis

引用次数: 0

The notwithstanding clause: Legislatures, courts, and the electorate 不论条款:立法机关、法院和选民

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2021-10-18 DOI: 10.3138/utlj-2020-0135

R. Leckey, E. Mendelsohn

{"title":"The notwithstanding clause: Legislatures, courts, and the electorate","authors":"R. Leckey, E. Mendelsohn","doi":"10.3138/utlj-2020-0135","DOIUrl":"https://doi.org/10.3138/utlj-2020-0135","url":null,"abstract":"Abstract:This article interprets the notwithstanding clause in section 33 of the Canadian Charter of Rights and Freedoms. When a legislature activates the notwithstanding clause, subsection 33(2) temporarily ensures a protected law's 'operation' by preventing it from being 'inconsistent' with the Constitution of Canada in the sense of the supremacy clause, thereby precluding judicial remedies such as striking down. Construed in the light of its components (some never considered by the Supreme Court of Canada) and other constitutional features, the notwithstanding clause does not make rights irrelevant or strip them of their legal character. Nor does it confide the assessment of trade-offs about rights to the legislature alone. Instead, subsection 33(3) indicates a framework for such assessments in which the voting public plays a crucial evaluative role. The courts, as interpreters and guardians of the Constitution, can, and in some circumstances should, support the public's constitutional role by declaring the extent to which a protected law unjustifiably limits Charter rights. The public's ability to take such declarations into account in evaluating rights trade-offs would advance the democratic purpose of subsection 33(3), a purpose that underpins our constitutional framework more broadly.","PeriodicalId":46289,"journal":{"name":"University of Toronto Law Journal","volume":"72 1","pages":"189 - 215"},"PeriodicalIF":0.6,"publicationDate":"2021-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42553106","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Remedial consistency in private law 私法上的补救一致性

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2021-10-08 DOI: 10.3138/utlj-2020-0137

Peter Jaffey

引用次数: 0

Kevin E. Davis, Between Impunity and Imperialism: The Regulation of Transnational Bribery (New York: Oxford University Press, 2019) Kevin E.Davis，《有罪不罚与帝国主义之间：跨国贿赂的监管》（纽约：牛津大学出版社，2019）

IF 0.6 4区社会学

University of Toronto Law Journal Pub Date : 2021-10-08 DOI: 10.3138/utlj-2021-0071.br

Tina Søreide

引用次数: 0