Preparing for Fusion: Reforming the Nineteenth-Century Court of Chancery, Part II

2004 ◽  
Vol 22 (3) ◽  
pp. 565-599 ◽  
Author(s):  
Michael Lobban
Keyword(s):  
Common Ground ◽  
Law Reform ◽  
Political Agenda ◽  
Political Issue ◽  
Open Court ◽  
Vice Chancellor ◽  
The Commons ◽  
Court Of Chancery ◽  
Lord Chancellor ◽  
Court Of Appeal

As demonstrated in Part I, the question of Chancery reform before 1827 was much debated in party terms and focused largely on Lord Eldon's shortcomings as a decision-maker. After Eldon's departure, it largely ceased to be a party-political issue, although by 1830 law reform in general was firmly on the political agenda. With Eldon gone, there was much common ground on the outlines of Chancery reform. This can be seen from the plan proposed in the Commons by the conservative Sir Edward Sugden in December 1830. Sugden suggested creating a court of appeal for equity, on which the Lord Chancellor, Master of the Rolls, Chief Baron, and Vice Chancellor would sit. He proposed reforms in the masters' offices, under which they would be paid salaries rather than fees, and he wanted masters to sit in open court, with limited judicial functions. He also advocated retrenchment of sinecures and the removal of payment by fees. These ideas were all echoed in the new reformist Chancellor Brougham's proposals for the court, which he elaborated in the spring of 1831.

Fracturing Constitutional Rights: The Prosecution of Alleged Broadcast Infringers in Nigeria

2020 ◽  
pp. 1-15
Author(s):  
Bankole Sodipo
Keyword(s):  
Civil Liability ◽  
Copyright Infringement ◽  
Law Reform ◽  
Constitutional Rights ◽  
Appeal Decision ◽  
Written Law ◽  
Court Of Appeal ◽  
Material Form

Abstract Infringement of broadcasts is often treated as a crime. The Nigerian Constitution guarantees that no-one can be prosecuted for any act that is not prescribed in a written law. Section 20 of Nigeria's Copyright Act only criminalizes dealing with infringing copies. A “copy” is defined in terms of material form. An infringing broadcast therefore connotes a recorded broadcast or a copy of a broadcast. This article argues that, statutorily, not every act that gives rise to civil liability for broadcast copyright infringement constitutes a crime. The article reviews the first broadcast copyright prosecution Court of Appeal decision in Eno v Nigerian Copyright Commission. Eno was unlawfully prosecuted, convicted and imprisoned. The article seeks to stem the wave of prosecutions on the type of charges used in Eno. In the absence of law reform, the prosecutions based on the line of charges in Eno constitute a fracturing of constitutional rights.

scholarly journals Address BY Dr. J. H. Jeans, President of the Royal Astronomical Society and Secretary of the Royal Society.

1925 ◽  
Vol 2 ◽  
pp. 151-152
Keyword(s):  
Royal Society ◽  
Special Care ◽  
Natural Knowledge ◽  
Astronomical Society ◽  
Good Fortune ◽  
Royal Astronomical Society ◽  
Vice Chancellor ◽  
Learned Societies ◽  
Lord Chancellor

My Lord Chancellor, Mr. Vice-Chancellor, Dr. Campbell, Ladies and Gentlemen: It would be an impertinence on my part to try to add anything to the Cambridge welcome which the Chancellor has offered you, but it is my privilege to be allowed to offer you a few words of welcome from a somewhat different angle. As the Chancellor has said, it is my good fortune to be officially connected with the two learned societies to whom, I suppose, your visit to this country means most: the Royal Society, which takes all natural knowledge for its province, and which is especially interested in international co-operation in the pursuit of such knowledge, and the Royal Astronomical Society, which takes astronomical knowledge for its special care. I am sure that both these bodies would wish that I should seize this opportunity to offer a most cordial welcome to our astronomical visitors from other countries; a welcome not only to Cambridge, but to this country in general. We feel it right that your visit should begin at Cambridge, but we are sure it is not right that it should end there; we hope you will remember that, after Cambridge, London also exists.

Make in India and Labour Reforms

2019 ◽  
Vol 11 (02) ◽  
Author(s):  
Monika Srivastava
Keyword(s):  
Human Resource ◽  
State Government ◽  
Manufacturing Sector ◽  
Law Reform ◽  
Political Agenda ◽  
The Political ◽  
State Governments ◽  
Labour Law ◽  
Employment Generation ◽  
Forced Labour

India is a labour surplus country with 47 million unemployed below the age of 24 years and 12-13 million youths joining the labour market every year. To avoid the growing unemployment, India strongly needs labour intensive and labour friendly industries. Labour being in the concurrent list of the constitution, both central and state government legislate on it. But the State Governments have limited space to enact labour laws to address their own requirements-promoting investment and employment generation. Labour law reform is currently on the political agenda in India, particularly in the wake of the election of the new Modijee led government at the centre. The first set of initiatives, announced in October 2014, were the “unified labour and industrial portal” and “labour inspection scheme”. Our constitution has many articles directed toward their interests for eg. Article 23 forbids forced labour, 24 forbids child labour (in factories, mines and other hazardous occupations) below age of 14 years. Further, Article 43A was inserted by 42nd amendment – directing state to take steps to ensure worker’s participation in management of industries. (Gandhi ji said that employers are trustees of interests of workers and they must ensure their welfare.) India is expected to generate 51 million jobs till 2019, it is imperative to streamline all laws, to facilitate manufacturing sector in India so as economy could absorb new human resource inflow.

The exchange between citizens and elected officials: a social psychological framework for citizen climate activists

2020 ◽  
pp. 1-30
Author(s):  
DAVID K. SHERMAN ◽  
MICHELLE F. SHTEYN ◽  
HAHRIE HAN ◽  
LEAF VAN BOVEN
Keyword(s):  
Climate Change ◽  
Common Ground ◽  
Psychological Research ◽  
Political Agenda ◽  
Elected Officials ◽  
Social Psychological ◽  
Pricing Policy ◽  
Us Congress ◽  
The Us ◽  
Climate Crisis

Abstract Citizen activists play a role in translating public concern about the climate crisis to policymakers and elevating it on the political agenda. We consider the dynamic between citizen activists and the decision-makers they seek to influence and we review psychological research relevant to advocating for climate legislation. We conducted a study with citizen activists who lobby the US Congress for a carbon pricing policy to address climate change. The study assessed how activists think about four social psychological approaches: affirmation, social norms, legacy and immediacy. The findings provide a window into activists’ intuitions about which strategies to use, whom to use them with and their perceived effectiveness. A strategy of establishing shared values and common ground (affirmation) was used most frequently overall. A strategy emphasizing the long-term costs and benefits of addressing climate change (legacy) was employed less frequently than affirmation and seen as less effective by activists but it was the only strategy that was associated with perceived increases in Congressional Representatives’ support of the policy. Citizen activists and their interactions with elected officials provide an opportunity for social-behavioral scientists to understand and potentially overcome barriers to enacting climate policy.

On the Valuation of Claims upon current Policies in the Liquidation of a Life Office, with reference to the Decisions in Bell's and Lancaster's Cases

1872 ◽  
Vol 17 (1) ◽  
pp. 1-26
Author(s):  
C. J. Bunyon
Keyword(s):  
Great Difficulty ◽  
Complete Agreement ◽  
Vice Chancellor ◽  
The Subject ◽  
Court Of Chancery ◽  
True Measure

The question which it is proposed to consider in the present paper is the correct mode of valuation of current policies, or true measure of proof to which claimants thereon are entitled in the liquidation of a Life Office. The subject is of especial interest at the present time, because its solution is even now waiting settlement by the Court of Chancery; and the interest is heightened by the fact, that conflicting judgments have been delivered by two eminent equity Judges, namely, by Lord Justice James, in Bell's case, when sitting as Vice-Chancellor in the Court of Chancery, and by Lord Cairns, in Lancaster's case, when sitting as Arbitrator in the Albert Arbitration. It does not appear that among actuaries there is a complete agreement. Nevertheless, the case ought not to present any great difficulty, and whether among actuaries or in a Court of Equity must be decided by argument alone. It is therefore proposed to consider the question, in the first instance, upon principle; and secondly, with reference to the doctrines laid down in the cases to which we have referred.

scholarly journals Rape Trials and Sexual History Evidence

2017 ◽  
Vol 81 (5) ◽  
pp. 367-392 ◽  
Author(s):  
Clare McGlynn
Keyword(s):  
Research Data ◽  
Sexual History ◽  
Third Party ◽  
Law Reform ◽  
Considerable Debate ◽  
Rape Trials ◽  
The Law ◽  
Court Of Appeal

Despite repeated legislative attempts to restrict the use of sexual history evidence in rape trials, it continues to be admitted in many cases, causing considerable debate and leading to further attempts to reform the law. In this light, this article examines afresh the admissibility of sexual history evidence in rape trials. It focuses particularly on evidence relating to persons other than the accused (third-party evidence), following the recent controversial judgment of the Court of Appeal in R v Ched Evans where such evidence was introduced. The justifications for restricting sexual history evidence are considered, as well as research data on how often it is being used. Following an analysis of the current law, the article concludes that urgent reform is needed and a number of law reform options are examined.

Misrepresentation and the Act of 1967

1967 ◽  
Vol 25 (2) ◽  
pp. 239-250
Author(s):  
P. B. Fairest
Keyword(s):  
The Other ◽  
Law Reform ◽  
Other Hand ◽  
The Subject ◽  
The Law ◽  
Lord Chancellor

The law concerning misrepresentations inducing contracts has been the subject of criticism for some years, and in 1959, the then Lord Chancellor, Viscount Kilmuir, referred the matter to the Law Reform Committee. Their Report, published in 1962, had a mixed reception. A learned commentator, writing in this journal, gave it a rather chilly welcome, on the ground that it went too far; on the other hand, Mr. Diamond, writing in the pages ofLaw Reform Now, complained that the Report did not go far enough, and suggested that the subtle distinction between a mere representation and a term of the contract should be abolished. In 1967 the Misrepresentation Act was passed, to give effect, with certain modifications, to such of the recommendations of the Law Reform Committee as had not yet been implemented.

Europa 2020

2021 ◽  
Author(s):  
Winfried Böttcher
Keyword(s):  
European Union ◽  
Political Agenda ◽  
The Political ◽  
Refugee Crisis ◽  
The European Union ◽  
Political Issue ◽  
The Past ◽  
Current State

In retrospect, the decade from 2010 to 2020 has provoked a crisis in human progress. In this book, the author proves this thesis using six occurrences, while also paying particular atten-tion to Europe’s role in relation to them: the refugee crisis the conflict in Ukraine Brexit the environment as a political issue nationalism the new coronavirus These six examples, which have had a staggering influence on the past decade, will also de-termine the political agenda in the coming decade. In view of this, the European Union has no future in its current state and thus needs to be reconceived.

Het einde van artikel 248bis

2019 ◽  
Vol 22 (3) ◽  
pp. 231-248
Author(s):  
Joke Swiebel
Keyword(s):  
Sexual Revolution ◽  
Political Agenda ◽  
Political Decision ◽  
Political Issue ◽  
Heterosexual Intercourse ◽  
Legal Provision ◽  
Political Actors ◽  
Age Of Consent ◽  
The 1960S ◽  
The Relationship

Abstract This article deals with the discriminatory age-of-consent provision for homosexual intercourse in the Dutch Penal Code. Between 1911 and 1971 this age limit was 21 years, while it was ‐ and still is ‐ 16 years for heterosexual intercourse. The withdrawal of this legal provision is one of the landmarks of the sexual revolution that took place in the Netherlands during the 1960s and the 1970s. In this contribution, I will analyse how this political decision came about. How did abolishing this legal provision become a political issue and how did various societal and political actors frame this issue? Which social or political arenas did they pick for this fight and how did the issue reach the formal political agenda? How was a majority for abolishing the article built? I will also analyse how the withdrawal of this discriminatory legal provision cleared the way for the next phases in the relationship between the homosexual movement and the state.

Sign in / Sign up

Export Citation Format

Share Document