Common law world review最新文献_第9页

Common law world review Pub Date : 2018-03-01 DOI: 10.1177/1473779518773645

P. Giliker

引用次数: 1

Individual accountability in Irish credit institutions—Lessons to be learned from the United Kingdom’s Senior Managers’ Regime 爱尔兰信贷机构的个人问责制——借鉴英国高级管理人员制度的经验教训

Common law world review Pub Date : 2018-03-01 DOI: 10.1177/1473779518773681

Blanaid Clarke

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引用次数: 0

Land law, property ideologies and the British–Irish relationship 土地法、财产意识形态与英爱关系

Common law world review Pub Date : 2018-03-01 DOI: 10.1177/1473779518773641

R. Walsh, Lorna Fox O’Mahony

{"title":"Land law, property ideologies and the British–Irish relationship","authors":"R. Walsh, Lorna Fox O’Mahony","doi":"10.1177/1473779518773641","DOIUrl":"https://doi.org/10.1177/1473779518773641","url":null,"abstract":"This article examines the role of property ideologies, and the local contexts in which they were articulated and applied, in shaping English and Irish land law. Despite their shared histories and influences – from the transplant of the common law system to Ireland to traditions of training Irish lawyers and judges in English universities – the politics of property led Irish and English land law down distinct, and sometimes oppositional, ideological paths in the twentieth century. The politics and practices of land tenure, competing economic and property ideologies, and their direct links to the evolution of national identity and statehood in each jurisdiction, shaped the foundational commitments of English and Irish land law. The article traces the complexities of lived experience in regulating the use and ownership of land, as well as the role of global and local forces – from world-system movements (for example, the influence of European political developments in 1937 on the Irish Constitution) or bi-lateral relationships (for example, the impact of the Irish land wars on the English land reform movement, or the ongoing trade dependency between Britain and Ireland into the twentieth century). Our analysis reveals the multiple competing, and at times overlapping, property ideologies that shape property systems; and the powerful role of events and externalities in contextualising the practical, political, social and symbolic meaning and content of the law as it has evolved in local contexts, and in determining whether, and when, the status quo prevails, or a tipping point for law reform is reached.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"47 1","pages":"34 - 7"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473779518773641","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48597707","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: 7

Consumer reform in Ireland and the UK 爱尔兰和英国的消费者改革

Common law world review Pub Date : 2018-03-01 DOI: 10.1177/1473779518773639

Clíona Kelly

{"title":"Consumer reform in Ireland and the UK","authors":"Clíona Kelly","doi":"10.1177/1473779518773639","DOIUrl":"https://doi.org/10.1177/1473779518773639","url":null,"abstract":"The departure of the UK from the European Union is likely to pose significant challenges for the Irish economy and legal system. This article explores the impact of various possible outcomes of Brexit negotiations on the ‘special relationship’ that currently exists between Irish and UK consumer law. If post-Brexit the Westminster Parliament is free to repeal or replace existing consumer rules of European origin, and courts are not bound to interpret remaining rules in a manner consistent with decisions of the Court of Justice of the European Union, there is likely to be significant regulatory divergence between the two jurisdictions. In Ireland, the increasing impact of the European Union might affect not merely the substance of consumer rights, but also the architecture of statutes and categorisation of consumer rights, the language and conceptual tools used, and how rights are interpreted by the courts. This article also examines how regulatory divergence can be observed even prior to Brexit: the enactment of the Consumer Rights Act 2015 represents a significant change in the regulation of consumer contracts in the UK, and the inability of Ireland to progress a similar consolidation and reform of the law is the first of many divergences which we are likely to see in the coming years.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"47 1","pages":"53 - 76"},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473779518773639","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41586962","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: 3

The need for an intrusion upon seclusion privacy tort within English law 英国法中侵犯隐居隐私侵权的必要性

Common law world review Pub Date : 2017-11-23 DOI: 10.1177/1473779517739798

John T. Hartshorne

引用次数: 3

Predictability, certainty, and party autonomy in the sale and supply of goods 商品销售和供应中的可预测性、确定性和当事人自主权

Common law world review Pub Date : 2017-11-10 DOI: 10.1177/1473779517735286

J. Yap

{"title":"Predictability, certainty, and party autonomy in the sale and supply of goods","authors":"J. Yap","doi":"10.1177/1473779517735286","DOIUrl":"https://doi.org/10.1177/1473779517735286","url":null,"abstract":"Predictability, certainty, and party autonomy are important goals in the development of legal principles. This article will examine these concepts and discuss a theoretical framework by which legal developments can be assessed. This theoretical framework will be applied in order to critically consider recent developments in two key areas relating to the sale and supply of goods, namely the action for price, and the characterization of contracts. In examining the interrelation between case law and legislation in these aspects of Commercial Law, the impact of the recent UK Supreme Court decision in PST Energy 7 Shipping v OW Bunker Malta (The Res Cogitans) will be explored. This landmark case considered several provisions of the UK Sale of Goods Act 1979. Many common law jurisdictions, such as Hong Kong and Singapore, have legislation that is very similar to the UK Sale of Goods Act, and Res Cogitans is thus of great interest and concern to those in such common law jurisdictions, since the courts in these jurisdictions are likely to view Res Cogitans as highly persuasive in the interpretation of similar local legislation. Various law reform options (including those inspired by the Canadian Uniform Sale of Goods Act) and suggestions for the drafting of contractual clauses will then be critically considered, with a view to promoting predictability, certainty, and party autonomy in the law relating to the sale and supply of goods.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"46 1","pages":"269 - 286"},"PeriodicalIF":0.0,"publicationDate":"2017-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473779517735286","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47922312","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

Debiasing regulators 去监管机构

Common law world review Pub Date : 2017-09-01 DOI: 10.1177/1473779517725507

E. Ip

引用次数: 2

Book review: Tort Law and Human Rights (Hart Studies in Private Law) 书评：侵权法与人权（哈特私法研究）

Common law world review Pub Date : 2017-09-01 DOI: 10.1177/1473779517713981

P. Giliker

引用次数: 0

Punitive damages for breach of contract 违约的惩罚性赔偿

Common law world review Pub Date : 2017-09-01 DOI: 10.1177/1473779517725010

S. Hickey