Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law

2008 ◽  
Vol 3 (2) ◽  
pp. 147-166
Author(s):  
Alan Brudner
Keyword(s):  
Criminal Law ◽  
Constitutional Law

Allegiance, Diplomatic Protection and Criminal Jurisdiction Over Aliens

1947 ◽  
Vol 9 (3) ◽  
pp. 330-348 ◽  
Author(s):  
H. Lauterpacht
Keyword(s):  
International Law ◽  
Present Article ◽  
Criminal Law ◽  
Constitutional Law ◽  
Point Of View ◽  
Considerable Importance ◽  
Criminal Jurisdiction ◽  
Diplomatic Protection ◽  
The Right

The cause célèbre of King v. William Joyce, subsequently reported as Joyce v. Director of Public Prosecutions, was concerned to a large extent with matters of interest for international law, and it is mainly from this point of view that it is proposed to discuss it in the present article. Obviously the case is also of considerable importance both for criminal law, in so far as it is concerned with the crime of treason, and for constitutional law inasmuch as it bears directly on the question of the nature and the obligations of allegiance. However, it is probable that the case books which will claim it most insistently will be those of international law. For the decision in Rex v. Joyce is not only an authority on certain aspects of allegiance owed by aliens and of the right of a State to assume jurisdiction over acts committed by aliens abroad. It sheds light on such questions as the nature of diplomatic protection of citizens, the right of a State to protect diplomatically persons who are not its citizens, the obligation of allegiance of so-called protected persons, and some others. Not all these questions were judicially answered, but they loomed large in argument and imparted to the proceedings the complexion of a case concerned predominantly with international law. In view of this it may be pertinent to preface this article by drawing attention to a point which appears to be a mere matter of terminology but which, it is believed, raises an issue of wider significance.

Religionsfreiheit und Rechtsgüterschutz. Strafrechtliche Aspekte von Sekten

1998 ◽  
Vol 42 (1) ◽  
pp. 95-109
Author(s):  
Wilfried Bottke
Keyword(s):  
Civil Society ◽  
Criminal Law ◽  
Constitutional Law ◽  
Recent Past ◽  
Present Discussion ◽  
Criminal Sanctions ◽  
The Law ◽  
Religious Sects ◽  
The Individual

AbstractReligious sects and their practices have become highly topical in the recent past in Germany. The call for criminal sanctions in order to tackle actual or presumed misconduct is becoming louder and louder. The author, a criminal law professor, analyses the present discussion and puts it into a constitutional law perspective. Any civil society that aims to optimise the scope of the personal freedoms of its members must withstand the temptation of creating a special regime of criminal law rules just to combat religious sects and their practices. Criminal law has tobe applied uniformly in the whole society. Therfore, criminal sanctions can only be handed out, when practices infringe intolerably with the individual' s rights protected by the law.

scholarly journals Kyoto, Constitutional Law and Alberta's Proposals

1969 ◽  
pp. 355
Author(s):  
Nigel Bankes ◽  
Alastair R. Lucas
Keyword(s):  
Climate Change ◽  
Civil Rights ◽  
Criminal Law ◽  
Constitutional Law ◽  
Public Lands ◽  
The Other ◽  
Legal Position ◽  
Federal Initiatives ◽  
The Government ◽  
Constitutional Analysis

This article examines Alberta’s Bill 37, a provincial plan to reduce greenhouse gases and climate change, and explores the constitutionality of such legislation. Its main focus revolves around a constitutional analysis of Alberta's proposed legislation and its potential incompatibility with federal initiatives used to meet the Government of Canada's commitments under the Kyoto Protocol. In this discussion, the authors conclude that Bill 37 would likely be constitutionally valid under the provincial subject matter of property and civil rights, and possibly local undertakings and ownership of provincial public lands. However, the authors dismiss the argument that Alberta's legal position over any federal initiative would be bolstered by the Crown's ownership of provincial resources. The article then looks to the federal government's Kyoto commitments and analyzes the constitutionality of possible federal initiatives under the federal subject matters of taxation, criminal law, trade and commerce and POGG. With both the Alberta and federal plans analyzed, the authors then discuss the potential incompatibility of the plans through three possible scenarios. The article concludes with a brief discussion of the other cooperative measures, such as equivalency agreements and incorporation by reference, which the federal and provincial governments may use to combat the issue of climate change.

scholarly journals Stylistic functioning of legal vocabulary in the second volume of Marcel Proust’s novel “In Search of Lost Time”

2019 ◽  
Vol 17 (2) ◽  
pp. 65-76
Author(s):  
E. S. Savina
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Constitutional Law ◽  
Marcel Proust ◽  
Point Of View ◽  
Stylistic Analysis ◽  
The Internet ◽  
Bilingual Dictionaries ◽  
Domains Of Life ◽  
Lost Time

The present article deals with the stylistic functioning of legal vocabulary in the second volume of Marcel Proust’s novel “In Search of Lost Time” (“À la recherche du temps perdu”) “In the Shadow of Young Girls in Flower” (“À l’ombre des jeunes filles en fleurs”). The current interest in the problem lies in the fact that, as far as we know, though Marcel Proust’s texts have been studied from different viewpoints, no research has been done on the author’s use of stylistic figures based on legal vocabulary. It would be reasonable to examine in detail how Marcel Proust resorts to the legal vocabulary from the point of view of stylistics at the end of the first and at the beginning of the second part of the second volume of his novel. What we are aiming at is revealing, classification, and stylistic analysis of such figures. We use the methods of semantic, linguistic and contextual analyses. We have verified the meaning of the legal terms under study in monolingual and bilingual dictionaries, in the general vocabulary Thesaurus as well as in the dictionaries of legal terms; we have consulted the Internet to check their usage in contemporary French. We have also found out, wherever it was possible, what other stylistic figures those based on legal vocabulary correlate to. Our analysis shows that Marcel Proust employs general legal vocabulary (“article de loi”, “compétence et juridiction”, “coutumier”, “police particulière”) as well as legal vocabulary from different branches of Law, namely Constitutional Law (“Chambre”), Criminal Law (“geôlier”, “prison”, “voleur”), International Law (“chef d’État pendant les toasts officiels”, “exterritorialité”) and Financial Law (“livre de comptes”, “avance”, “solde créditeur”, “débit”) in order to describe different domains of life (such as relations in high society, those among the bourgeoisie as well as relations between friends and those of a teenager in love). “Legal” similes and metaphors can be combined with those from other domains of life, particularly with stylistic figures referring to art (namely, one of La Fontaine’s fables), medicine and war. This narrative technique makes the author’s text more expressive. More detailed analysis of such figures, as well as the fact of establishing their textual connections within all Marcel Proust’s texts, will contribute to revealing the specificity of the author’s language and style.

The Effect of Alcohol on the Canadian Constitution ... Seriously

2011 ◽  
Vol 57 (1) ◽  
pp. 189-209
Author(s):  
Morris J. Fish
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Criminal Law ◽  
Constitutional Law ◽  
Temperance Movement ◽  
The Rule Of Law ◽  
Division Of Powers ◽  
Straight Line ◽  
Form Part ◽  
Good Government

Alcohol has exerted a staggering influence on the Canadian constitution. It was a prominent feature of daily life in the young Dominion, much to both the delight and chagrin of many. The temperance movement exerted its own influence on both the federal and provincial legislatures. Without “alcohol” as a head of power, the legislatures claimed control over this seeming, social evil sometimes under “Peace, Order and Good Government”, “criminal law”, or “Trade and Commerce”; at other times under “Property and Civil Rights”, “Local Matters”, and so forth. Court challenges abounded; the result was, in part, the judiciary’s failure to walk a straight line toward a clear division of powers between the federal and provincial governments. But the result was also many of the doctrines of division of powers that still form part of Canadian constitutional law. Beyond its impact on the division of powers, alcohol was also at the root of Canada’s most important decision on the rule of law: Roncarelli—a decision argued and won by the late F. R. Scott.

Einziehung ohne Verurteilung?

2021 ◽  
Author(s):  
Bastian Heuer
Keyword(s):  
Criminal Law ◽  
Constitutional Law ◽  
German Law ◽  
Comparative Law ◽  
Legal Framework ◽  
Criminal Code ◽  
Legal Nature

As an interface between constitutional and criminal law, this work addresses the legal framework of non-conviction-based confiscation in German law. It focuses on the question of the constitutionality of independent confiscation under Sec. 76a (4) of the German Criminal Code. To give a profound answer on this question, its substantive and procedural characteristics, as well as a comparative law approach, are examined. Based on these results, the legal nature of the provision is determined. This is preceded by general considerations on the determination of the legal nature, taking into account constitutional principles. It is ultimately worked out that Sec. 76a (4) of the Criminal Code must be viewed critically from a constitutional law perspective.

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