United Nations Reform and Supporting the Rule of Law in Post-Conflict Societies
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Judicial Law Reform
CHAPTER VI· JUDICIAL LAW REFORM A. JUDGES AS LAW REFORMERS Most members of the judiciary hastily deny any implication that they reform the law. According to Lord Simonds, "heterodoxy, or as some might say, heresy is not the more attractive because it is dignified by the name of reform" and law reform "is the task not ofthe courts oflaw but ofPar liament".) Similarly, O'Higgins, C.l. says in the Norris case that Judges may, and do, share with other citizens a concern and interest in desirable changes and reform in our laws; but, under the Constitution, they have no func tion in achieving such by judicial decision....[T]he sole and exclusive power of altering the law of Ireland is, by the Constitution [Article 15.2.1], vested in the Oireachtas. The courts declare what the law is -- it is for the Oireachtas to make changes ifit so thinks proper.2 Similar views are expressed by Viscount Dilhome in Cassell & Co. Ltd. v Broome,3 by Lord ) ScrutlOns Ltd. v. Midland Silicones Ltd. [1962] AC 446 at 467/8 2 Norris v A.G. [1984] IR 36 at 53. See also Costello l. in Anorney General v Paperlink [1984] ll..RM 373 at 388-9 and Henchy J. in Siney v Dublin Corporation [1980] IR 400 at 420-1. 3 [1972) AC 1027 at 1107: "As I understand the judicial functions ofthis House, although they involve applying well established principles to new situations, they do not involve adjusting the common law to what are thought to be the social nonns of the time. -
CCBE Contribution for the Rule of Law Report 2021 (26/03/2021)
CCBE Contribution for the Rule of Law Report 2021 26/03/2021 Introduction The Council of Bars and Law Societies of Europe (CCBE) represents the bars and law societies of 45 countries and, through them, more than 1 million European lawyers. The CCBE also acts as a consultative and intermediary body between its Members and between the Members and the institutions of the European Union on cross-border matters of mutual interest. The regulation of the profession, the defence of the rule of law, human rights and democratic values are the most important missions of the CCBE. Several areas of special concern to the CCBE include access to justice, the development of the rule of law, the respect for the right to a defence and the effectiveness of the Justice system, which are core values of the profession. The CCBE always places a great emphasis on the respect for the rule of law, democratic principles and fundamental rights. The values of the CCBE and its Member organisations are consistent with the Charter of Fundamental Rights of the European Union, and in particular its preamble, where it is stated, inter alia that “Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice”, CCBE values are also consistent with Article 47 (Rights to an effective remedy and to a fair trial), Article 48 (Presumption of innocence and right to a defence), and Article 49 (Principles of legality and proportionality of criminal offences and penalties). -
Final Report
Jamaican Justice System Reform Task Force Final Report June 2007 Jamaican Justice System Reform Task Force (JJSRTF) Prof. Barrington Chevannes, Chair The Hon. Mr. Justice Lensley Wolfe, O.J. (Chief Justice of Jamaica) Mrs. Carol Palmer, J.P. (Permanent Secretary, Ministry of Justice) Mr. Arnaldo Brown (Ministry of National Security) DCP Linval Bailey (Jamaica Constabulary Force) Mr. Dennis Daly, Q.C. (Human Rights Advocate) Rev. Devon Dick, J.P. (Civil Society) Mr. Eric Douglas (Public Sector Reform Unit, Cabinet Office) Mr. Patrick Foster (Attorney-General’s Department) Mrs. Arlene Harrison-Henry (Jamaican Bar Association) Mrs. Janet Davy (Department of Correctional Services) Mrs. Valerie Neita Robertson (Advocates Association) Miss Lisa Palmer (Office of the Director of Public Prosecutions) The Hon. Mr. Justice Seymour Panton, C.D. (Court of Appeal) Ms. Donna Parchment, C.D., J.P. (Dispute Resolution Foundation) Miss Lorna Peddie (Civil Society) Miss Hilary Phillips, Q.C. (Jamaican Bar Association) Miss Kathryn M. Phipps (Jamaica Labour Party) Mrs. Elaine Romans (Court Administrators) Mr. Milton Samuda/Mrs. Stacey Ann Soltau-Robinson (Jamaica Chamber of Commerce) Mrs. Jacqueline Samuels-Brown (Advocates Association) Mrs. Audrey Sewell (Justice Training Institute) Miss Melissa Simms (Youth Representative) Mr. Justice Ronald Hugh Small, Q.C. (Private Sector Organisation of Jamaica) Her Hon. Ms. Lorraine Smith (Resident Magistrates) Mr. Carlton Stephen, J.P. (Lay Magistrates Association) Ms. Audrey Thomas (Public Sector Reform Unit, Cabinet Office) Rt. Rev. Dr. Robert Thompson (Church) Mr. Ronald Thwaites (Civil Society) Jamaican Justice System Reform Project Team Ms. Robin Sully, Project Director (Canadian Bar Association) Mr. Peter Parchment, Project Manager (Ministry of Justice) Dr. -
USAID Legal Empowerment of the Poor
LEGAL EMPOWERMENT OF THE POOR: FROM CONCEPTS TO ASSESSMENT MARCH 2007 This publicationLAND AND was BUSINESS produced FORMALIZATION for review FOR by LEGAL the United EMPOWE StatesRMENT Agency OF THE POOR: for STRATEGIC OVERVIEW PAPER 1 International Development. It was prepared by ARD, Inc. Legal Empowerment of the Poor: From Concepts to Assessment. Paper by John W. Bruce (Team Leader), Omar Garcia-Bolivar, Tim Hanstad, Michael Roth, Robin Nielsen, Anna Knox, and Jon Schmidt Prepared for the United States Agency for International Development, Contract Number EPP-0- 00-05-00015-00, UN High Commission – Legal Empowerment of the Poor, under Global - Man- agement, Organizational and Business Improvement Services (MOBIS). Implemented by: ARD, Inc. 159 Bank Street, Suite 300 Burlington, VT 05401 Cover Photo: Courtesy of USAID. At a village bank in Djiguinoune, Senegal, women line up with account booklets and monthly savings that help secure fresh loans to fuel their small businesses. LEGAL EMPOWERMENT OF THE POOR FROM CONCEPTS TO ASSESSMENT MARCH 2007 DISCLAIMER The authors’ views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. CONTENTS ACRONYMS AND ABBREVIATIONS..................................................................................... iii 1.0 DEFINING LEGAL EMPOWERMENT OF THE POOR .....................................................1 2.0 SUBSTANTIVE DIMENSIONS OF LEGAL EMPOWERMENT .........................................5 -
Pratt's Government Contracting
0001 [ST: 1] [ED: m] [REL: 20-12GT] (Beg Group) Composed: Mon Nov 16 10:32:03 EST 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 0 PRATT’S GOVERNMENT CONTRACTING LAW REPORT VOLUME 6 NUMBER 12 December 2020 Editor’s Note: Guidance Victoria Prussen Spears 407 Department of Defense Overhauls Contractor Information Security Requirements Through Its Interim Rule Implementing the CMMC and DoD NIST SP 800-171 Assessment Methodology Thomas Pettit, Ronald D. Lee, Charles A. Blanchard, and Tom McSorley 410 Defense Department Guidance for Government Contractors on Additional COVID-19-Related Costs Joseph R. Berger, Thomas O. Mason, and Francis E. Purcell, Jr. 419 Federal Contractors May Face Immigration-Related Hiring Requirements and Barriers Paul R. Hurst, Elizabeth Laskey LaRocca, Dana J. Delott, and Caitlin Conroy 422 What the “Essential Medicines” Executive Order Means for Federal Contractors and the FDA James W. Kim, Brian J. Malkin, Peter M. Routh, and Gugan Kaur 427 Federal Circuit Revives Key Case Addressing Contractor’s Ability to Include Offsets in Measurement of CAS Change Impacts Kevin J. Slattum, Aaron S. Ralph, and Dinesh Dharmadasa 433 Eleventh Circuit Rules on FCA Materiality and Litigation Funding Agreements Matthew J. Oster 438 0002 [ST: 1] [ED: m] [REL: 20-12GT] Composed: Mon Nov 16 10:32:03 EST 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 47 QUESTIONS ABOUT THIS PUBLICATION? For questions about the Editorial Content appearing in these volumes or reprint permission, please call: Heidi A. -
2021 Rule of Law Report - Targeted Stakeholder Consultation
2021 Rule of Law Report - targeted stakeholder consultation Submission by ILGA-Europe and member organisations Arcigay & Certi Diritti (Italy); Bilitis, GLAS Foundation & Deystvie (Bulgaria); Çavaria (Belgium - Flanders); Háttér Társaság (Hungary); Legebrita (Slovenia); PROUD (Czech Republic); RFSL (Sweden) and Zagreb Pride (Croatia). ILGA-Europe are an independent, international LGBTI rights non-governmental umbrella organisation bringing together over 600 organisations from 54 countries in Europe and Central Asia. We are part of the wider international ILGA organisation, but ILGA-Europe were established as a separate region of ILGA and an independent legal entity in 1996. ILGA itself was created in 1978. https://www.ilga-europe.org/who- we-are/what-ilga-europe Contents Horizontal developments ........................................................................................................................ 2 Belgium ................................................................................................................................................... 4 Bulgaria ................................................................................................................................................... 5 Croatia .................................................................................................................................................... 8 Czech Republic ........................................................................................................................................ 9 Hungary -
Pratt's Government Contracting
0001 [ST: 1] [ED: m] [REL: 20-12GT] (Beg Group) Composed: Mon Nov 16 10:32:03 EST 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 0 PRATT’S GOVERNMENT CONTRACTING LAW REPORT VOLUME 6 NUMBER 12 December 2020 Editor’s Note: Guidance Victoria Prussen Spears 407 Department of Defense Overhauls Contractor Information Security Requirements Through Its Interim Rule Implementing the CMMC and DoD NIST SP 800-171 Assessment Methodology Thomas Pettit, Ronald D. Lee, Charles A. Blanchard, and Tom McSorley 410 Defense Department Guidance for Government Contractors on Additional COVID-19-Related Costs Joseph R. Berger, Thomas O. Mason, and Francis E. Purcell, Jr. 419 Federal Contractors May Face Immigration-Related Hiring Requirements and Barriers Paul R. Hurst, Elizabeth Laskey LaRocca, Dana J. Delott, and Caitlin Conroy 422 What the “Essential Medicines” Executive Order Means for Federal Contractors and the FDA James W. Kim, Brian J. Malkin, Peter M. Routh, and Gugan Kaur 427 Federal Circuit Revives Key Case Addressing Contractor’s Ability to Include Offsets in Measurement of CAS Change Impacts Kevin J. Slattum, Aaron S. Ralph, and Dinesh Dharmadasa 433 Eleventh Circuit Rules on FCA Materiality and Litigation Funding Agreements Matthew J. Oster 438 0002 [ST: 1] [ED: m] [REL: 20-12GT] Composed: Mon Nov 16 10:32:03 EST 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 47 QUESTIONS ABOUT THIS PUBLICATION? For questions about the Editorial Content appearing in these volumes or reprint permission, please call: Heidi A. -
What to Do When You Are Served with a Search Warrant by Manny A
AN A.S. PRATT PUBLICATION APRIL 2016 PRATT’S PRATT’S VOL. 2 • NO. 3 PRIVACY & CYBERSECURITY LAW CYBERSECURITY & PRIVACY PRATT’S PRIVACY & CYBERSECURITY REPORT LAW REPORT EDITOR’S NOTE: SOMETHING FOR EVERYONE! THE FTC, UNFAIR PRACTICES, AND Steven A. Meyerowitz CYBERSECURITY: TWO STEPS FORWARD, AND TWO STEPS BACK WHAT TO DO WHEN YOU ARE SERVED WITH A David Bender SEARCH WARRANT APRIL Manny A. Abascal and Robert E. Sims DRONES AT HOME: DHS PUBLISHES BEST PRACTICES FOR PROTECTING PRIVACY, CIVIL PRESIDENT OBAMA SIGNS CYBERSECURITY RIGHTS, AND CIVIL LIBERTIES IN DOMESTIC 2016 ACT OF 2015 TO ENCOURAGE CYBERSECURITY UAS PROGRAMS INFORMATION SHARING Charles A. Blanchard, David J. Weiner, Kenneth L. Wainstein, Keith M. Gerver, Tom McSorley, and Elizabeth T.M. Fitzpatrick and Peter T. Carey VOL. VOL. A SKIMPY RISK ANALYSIS IS RISKY BUSINESS 2 FOR HIPAA COVERED ENTITIES AND • BUSINESS ASSOCIATES NO. Kimberly C. Metzger 3 What to Do When You Are Served With a Search Warrant By Manny A. Abascal and Robert E. Sims* Most business executives and officers lack the training and preparation to deal effec- tively with a search warrant. In order to protect privacy and other rights, this article sets forth the basic principles that should govern preparation for, and response to, a search warrant. State and federal law enforcement agencies continue to increase their investigation and prosecution of white collar crime, particularly relating to the securities and health- care industries. The search warrant has become a regular method authorities use to obtain evidence. Law enforcement officers executing a warrant typically arrive at corporate offices with no prior notice, armed with a search warrant entitling them to seize original business records, including computer records. -
Early English Law Reporting Michael Bryan
Early English law reporting Michael Bryan Introduction their selfless contribution to the little resemblance to a modern law Over the years the Law Library at the administration of justice by donating report. The reporter showed little University of Melbourne has built up their hides to what became known as interest in setting out the facts of a an impressive collection of early the plea rolls. These were the formal case. Moreover, few reports carried English law reports. This is not the parchment record of the proceedings any discussion of legal doctrine. On outcome of a deliberate acquisitions which ran continuously from (at least) the other hand, the year book reports policy; until recently there was no 1194 until the reign of Queen contained matter which would not be such policy, and various serendipitous Victoria. They were written in Latin found in a modern law report, gifts and bequests are responsible for which was the language of record including extra-curial opinions of the collection of reports, extending until 1732. The plea rolls noted the judges and practitioners on the law, as from the 16th to the 19th centuries. plaintiff ’s writ, the defendant’s reply well as the opinions of the reporter on The library has no holdings of and subsequent pleadings, the process a disputed question. The name ‘year medieval reports. On the other hand, of summoning a jury in jury actions, book’ is misleading since only a it has a complete run of the Selden judgement and process. The record minority of the books are chrono- Society editions of medieval year created and evidenced what later logically arranged, and the work of books so that, one way or another, the became known as res judicata, or modern scholars has imposed a entire history of English law estoppel by judgment, so that a party retrospective sense of order on the reporting until 1865 is represented. -
Pratt's Government Contracting Law Report
0001 [ST: 1] [ED: m] [REL: 4938] (Beg Group) Composed: Fri Sep 11 11:43:19 EDT 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 0 PRATT’S GOVERNMENT CONTRACTING LAW REPORT VOLUME 6 NUMBER 10 October 2020 Editor’s Note: Fraud Victoria Prussen Spears 333 COVID-19: Health Care Fraud in a Public Health Emergency Matthew D. Benedetto, Elizabeth Purcell Phillips, and Thomas Costello 335 Justice Department Enforcement Priorities Focus on CARES Act Fraud Jaime L.M. Jones 347 OFCCP Promulgates Final Rule Eliminating Its Authority Over TRICARE Providers Jennifer L. Plitsch and Michael Wagner 351 A Sixth Circuit Victory for False Claims Act Defendants: Relators Are “Agents” of the Government for Purposes of the Public Disclosure Bar Eric A. Dubelier, Katherine J. Seikaly, James C. Martin, Colin E. Wrabley, Rizwan A. Qureshi, and Julya E. Heywood 355 Interim Rule Implements Section 889 Ban on Contractors Using Technologies from Certain China-Based Companies Paul R. Hurst, Meredith Rathbone, Peter Jeydel, and Caitlin Conroy 358 Attorney General Barr to U.S. CEOs: “You Might Be Lobbyists for China” Jeffrey J. Hunter 363 0002 [ST: 1] [ED: m] [REL: 4938] Composed: Fri Sep 11 11:43:19 EDT 2020 XPP 9.3.1.0 FM000150 nllp 4938 [PW=468pt PD=693pt TW=336pt TD=528pt] VER: [FM000150-Master:03 Oct 14 02:10][MX-SECNDARY: 11 Aug 20 13:11][TT-: 02 Jul 20 09:46 loc=usa unit=04938-fmvol006] 47 QUESTIONS ABOUT THIS PUBLICATION? For questions about the Editorial Content appearing in these volumes or reprint permission, please call: Heidi A. -
Against Constitutional Theory
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1998 Against Constitutional Theory Richard A. Posner Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard A. Posner, "Against Constitutional Theory," 73 New York University Law Review 1 (1998). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. NEW YORK UNIVERSITY LAW REVIEW VOLUME_ 73 APRIL 1998 NurwER 1 AGAINST CONSTITUTIONAL THEORY RIcHARD A. POSNER* In this Madison Lecture, Chief Judge Posner advocates a pragmaticapproach to constitutionaldecisionmaking, criticizingconstitutional theorists who conceal their normative goals in vague and unworkable principles of interpretation. After dis- cussingspecific constitutionaltheories as well as the legal academy's increasingreli- ance on theory in genera Posner demonstrates the ineffectuality of constitutional theory, using the Supreme Court's decisions in United States v. Virginia and Romer v. Evans as examples. He argues not that these cases were necessarily wrongly decided, but that the opinions lack the empiricalsupport diat is crucial to sound constitutionaladjudication. Posnerurges law professors to focus theirschol- arship on forms of inquiry that will actually prove usefid to judges and concludes by asking that judges themselves recognize and acknowledge the limitationsof their empiricalknowledge INTRODUCrION Constitutional theory, as I shall use the term, is the effort to de- velop a generally accepted theory to guide the interpretation of the Constitution of the United States. -
Sources of UK Law
Sources of UK Law Introduction Primary Sources o Refers to the law itself – the original and authoritative statements of law o It comes in the following forms: . Case law made by the courts . Legislation enacted by Parliament . European law Secondary Sources o Refers to commentaries on the law: . Legal Encyclopaedias . Parliamentary and Non Parliamentary Documents . Law Journals . Textbooks Case Law The decisions of the courts are reported in publications known as “Law reports” – they are fundamental, primary sources of UK law. The successful development of the law depends upon the production of reliable law reports which carry the facts, issues and decision as well as the legal principles upon which the judgment is made. A unique feature of English law is the doctrine of judicial precedents – where the reported decisions of the courts form a binding source of law for future decisions. A judge is bound by the decisions of superior courts but not necessarily by those of inferior courts. What are Law Reports? Research Guides A law report: Reprints full text of a judgment, including statement of facts and judicial reasoning made by judges Carries additional material such as a summary of legal issues, lists of cases cited, legislation referred to and other key features History of Law Reports Law reports have existed since the reign of Edward I - it is possible to find details of very old Library:SOAS cases. Before 1865 Collections of law reports were published privately by individuals. They were referred to by the name of the individual reporter or compiler. The majority of older cases can be found in the English Reports series.