Modern Law Review最新文献_第6页

Hauptpersonalrat der Lehrerinnen: Article 88 GDPR and the Interplay between EU and Member State Employee Data Protection Rules Hauptpersonalrat der lehrelinen:第88条GDPR和欧盟和成员国雇员数据保护规则之间的相互作用

4区社会学

Modern Law Review Pub Date : 2023-10-19 DOI: 10.1111/1468-2230.12849

Halefom H. Abraha

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Zalewski and the Future of Irish Public Law 扎莱夫斯基与爱尔兰公法的未来

4区社会学

Modern Law Review Pub Date : 2023-10-19 DOI: 10.1111/1468-2230.12847

Tom Hickey

{"title":"<i>Zalewski</i> and the Future of Irish Public Law","authors":"Tom Hickey","doi":"10.1111/1468-2230.12847","DOIUrl":"https://doi.org/10.1111/1468-2230.12847","url":null,"abstract":"Irish judges have tended to ‘jealously guard’ the judicial power, vested as it is by Article 34.1 of the Constitution in the courts alone. And they have jealously guarded their control over the articulation of public law norms. It is they who get to decide what counts as fair procedure in this or that non‐judicial body – not the non‐judicial actors operating at the coalface. But in Zalewski v Workplace Relations Commission a majority of the Supreme Court has signaled a shift away from the rigid judicial ‘centralism’ that has prevailed for a century in the Irish legal system. The judges have departed from the formulaic approach to assessing what counts as judicial power, preferring instead a purposive approach more in line with comparator countries. They have revived a ‘saver’ provision of the Constitution (Article 37.1) expressly providing for ‘the exercise of limited functions and powers of a judicial nature’ by bodies other than courts. And they have indicated that courts and lawyers do not have a monopoly on authority in respect of public law norms. Things remain in flux, however, because there are conflicting messages in the majority judgment in respect of this more ‘pluralist’ conception of public law.","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135778655","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}

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Trial by Cognitive Ordeal: Irrational Approaches to the Opinions of Investigators, Trial Integrity and Proof 认知磨难审判:对调查员意见、审判完整性与证据的非理性解读

4区社会学

Modern Law Review Pub Date : 2023-10-12 DOI: 10.1111/1468-2230.12848

Gary Edmond

{"title":"Trial by Cognitive Ordeal: Irrational Approaches to the Opinions of Investigators, Trial Integrity and Proof","authors":"Gary Edmond","doi":"10.1111/1468-2230.12848","DOIUrl":"https://doi.org/10.1111/1468-2230.12848","url":null,"abstract":"This article suggests that lawyers and judges may not understand the effects of their rules and procedures upon the production of evidence and its evaluation in criminal trials and appeals. Focusing on case studies involving the opinions of police officers and other investigators, as well as experts, it explains how applicable rules, procedures and safeguards did not produce, and appear incapable of producing, the effects claimed by courts. Drawing on scientific research – on cognitive bias and voice and face comparison – the article demonstrates how judges have enabled investigators to express their biased and speculative opinions, treated investigators’ opinions as expert (or special) without evidence of validity or ability, and encouraged jurors to make their own voice and face comparisons in the highly suggestive context of the accusatorial criminal trial. Courts have placed great reliance on trial safeguards, such as cross‐examination and judicial directions, trivialised the difficulty of voice and image comparisons and overlooked the likelihood that juror interpretations will be incurably biased, and that the same evidence will be unwittingly counted more than once.","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136012964","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}

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Machine Learning and the Re‐Enchantment of the Administrative State 机器学习与行政国家的重新魅力

4区社会学

Modern Law Review Pub Date : 2023-10-08 DOI: 10.1111/1468-2230.12843

Eden Sarid, Omri Ben‐Zvi

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Will the New UK Subsidy Control Regime Help ‘Level Up’ the Economy? 英国新的补贴控制制度会帮助经济“升级”吗?

4区社会学

Modern Law Review Pub Date : 2023-10-05 DOI: 10.1111/1468-2230.12835

Andreas Stephan

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Communicating Censure: The Relevance of Conditions of Imprisonment at Sentencing and During the Administration of the Sentence 沟通责难:判刑时和执行期间监禁条件的相关性

4区社会学

Modern Law Review Pub Date : 2023-10-04 DOI: 10.1111/1468-2230.12845

Marie Manikis, Audrey Matheson

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The Aims and Functions of Criminal Law 刑法的目的与功能

4区社会学

Modern Law Review Pub Date : 2023-10-03 DOI: 10.1111/1468-2230.12846

Andrew Cornford

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Reframing the English Foreign Act of State Doctrine 重构英国外国国家行为主义

4区社会学

Modern Law Review Pub Date : 2023-09-29 DOI: 10.1111/1468-2230.12842

Massimo Lando

{"title":"Reframing the English Foreign Act of State Doctrine","authors":"Massimo Lando","doi":"10.1111/1468-2230.12842","DOIUrl":"https://doi.org/10.1111/1468-2230.12842","url":null,"abstract":"This article proposes a way to reframe the English foreign act of State doctrine. The doctrine is an established rule of English common law but its contours and application remain ill‐defined, despite the Supreme Court's restatement in Belhaj v Straw . The doctrine in its current form emerges from the accretion of precedents over some 350 years, but still lacks a unifying framework bringing its different strands together. This article argues that English courts should reframe the doctrine by reference to the distinction between elements of a rule that are embedded in its definition, called ‘limitations’, and elements of a rule that exist separately from it, called ‘exceptions’. This distinction has been developed in legal philosophy to classify the elements of wrongs as definitional elements, constitutive of liability, and defences, defeating liability. Reframed according to this distinction, the English foreign act of State doctrine can be streamlined into one, single rule, instead of the three rules set out in Belhaj v Straw . This reframing has implications for the doctrine's characterisation as one of justiciability, abstention or restraint, and its compatibility with the duty to do justice, including under the European Convention on Human Rights.","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135193096","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}

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A New Self‐defence Framework for Domestic Abuse Survivors Who Use Violent Resistance in Response 家庭暴力幸存者使用暴力抵抗的新自卫框架

4区社会学

Modern Law Review Pub Date : 2023-09-29 DOI: 10.1111/1468-2230.12837

Vanessa Bettinson, Nicola Wake

{"title":"A New Self‐defence Framework for Domestic Abuse Survivors Who Use Violent Resistance in Response","authors":"Vanessa Bettinson, Nicola Wake","doi":"10.1111/1468-2230.12837","DOIUrl":"https://doi.org/10.1111/1468-2230.12837","url":null,"abstract":"This article criticises the government's rejection of proposals by the Prison Reform Trust that would have extended self‐defence in householder cases to victims/survivors of domestic abuse. The authors argue that the Prison Reform Trust proposals should be enacted, and further supported by novel complementary reform of the option to retreat, and the exclusion of intoxicated mistaken belief in self‐defence claims. Specifically, the authors advance a statutory rebuttable presumption regarding the option to retreat in cases involving domestic abuse, namely, an assumption that the victim/survivor was not realistically able to retreat safely, unless it is proven otherwise. The authors also examine the appropriateness of the policy decision to exclude intoxicated mistaken belief in all self‐defence cases and advocate for its removal. It should be replaced with a requirement that all mistaken beliefs must be reasonable regardless of the presence of intoxication. Procedural recommendations are also advanced, including amendment of the Crown Court Compendium to include judicial directions on self‐defence which adopt a social entrapment approach in domestic abuse cases, and supported by the admissibility of non‐medical expert evidence on the nature and impact of coercive control.","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135193948","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}

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MarySynge, The University‐Charity: Challenging Perceptions in Higher Education, 2023, xix + 504 pp, hb £120. 玛丽·辛格，《大学-慈善:高等教育中的挑战观念》，2023年，第19卷，504页，hb£120。

4区社会学

Modern Law Review Pub Date : 2023-09-27 DOI: 10.1111/1468-2230.12841

John Picton

{"title":"MarySynge, The University‐Charity: Challenging Perceptions in Higher Education, 2023, xix + 504 pp, hb £120.","authors":"John Picton","doi":"10.1111/1468-2230.12841","DOIUrl":"https://doi.org/10.1111/1468-2230.12841","url":null,"abstract":"The Modern Law ReviewEarly View BOOK REVIEW Mary Synge, The University-Charity: Challenging Perceptions in Higher Education, 2023, xix + 504 pp, hb £120. John Picton, Corresponding Author John Picton [email protected] Reader in Property and Trusts, University of Manchester. Correspondence: John Picton, Reader in Property and Trusts, University of Manchester Email: [email protected]Search for more papers by this author John Picton, Corresponding Author John Picton [email protected] Reader in Property and Trusts, University of Manchester. Correspondence: John Picton, Reader in Property and Trusts, University of Manchester Email: [email protected]Search for more papers by this author First published: 27 September 2023 https://doi.org/10.1111/1468-2230.12841 Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onEmailFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Early ViewOnline Version of Record before inclusion in an issue RelatedInformation","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135536671","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