Divorce and the Lord Chancellor: Looking to the Future or Getting Back to Basics?

1994 ◽  
Vol 53 (2) ◽  
pp. 253-262
Author(s):  
Andrew Bainham
Keyword(s):  
Family Values ◽  
Green Paper ◽  
Mixed System ◽  
Neutral Process ◽  
The Future ◽  
The Law ◽  
The Government ◽  
Lord Chancellor ◽  
Over Time ◽  
Law Commission

The Government is keen to get “back to basics” about divorce. The Green Paper which the Lord Chancellor presented to Parliament in December 1993 invites us all to reflect on family values and is intended to provoke a “thorough national consideration” of the whole basis for divorce. It follows proposals by the Law Commission but is less than a ringing endorsement of the Commission's scheme. The Law Commission has advocated a shift from the current “mixed” system (embracing fault and no-fault grounds) to an entirely no-fault basis for divorce. Under these proposals divorce would be regarded as a neutral “process over time” and would not entail judgments into the causes of marriage breakdown. While the Green Paper gives qualified support to this idea, the Government has yet to reach a concluded view.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

The Future of Christian Marriage

2020 ◽  
pp. 191-216
Author(s):  
Mark Regnerus
Keyword(s):  
Christian Faith ◽  
Marriage Rates ◽  
The Core ◽  
Moral Communities ◽  
Public Nature ◽  
The Future ◽  
The Government ◽  
Bearing Structure ◽  
Marital Behavior ◽  
Over Time

The foundational vision of marriage as a load-bearing structure has receded, but the core and key expectations of marriage have not changed. As a result, marriage rates have declined. Fewer Christians will marry in the future, but given their elevated commitment to matrimony, they will comprise an increasing share of the world’s marriages over time. The recession in marriage highlights the collapse of familism and the rise of atomism. The data supports one particular theory about how religion influences marital behavior—the moral communities thesis, which concludes that Christian marriage is tightly linked to wider trends, suggesting marriage is a public matter. Religious efforts to “get the government out of the marriage business” are shortsighted. How central is marriage to Christian faith and practice? Very. Given its public nature, cohabitation threatens Christianity more than does premarital sex. The book concludes with five predictions for what to expect next.

Doctrine of Desuetude –Addressing the Constitutional Minefield

2016 ◽  
Vol 5 (1) ◽  
pp. 35-48
Author(s):  
Tripathi Yah ◽  
Singh Rupali
Keyword(s):  
Considerable Confusion ◽  
The Common ◽  
The Law ◽  
Common Man ◽  
The Government ◽  
Insight Into ◽  
Law Commission ◽  
Technical Terms

Ever since India became independent in 1947, major reforms have taken place with respect to many aspects of our day-to-day life. Despite this, several of the laws so passed have not adequately led to the advancement of our country. In addition, statutes are often complex, and therefore cannot be understood by the common man. Ironically, the laws that are enacted for the betterment of the citizens are structured and compiled in such a manner, so as to lead to circuitous statutes laden with several technical terms, discouraging the same very people of the country from taking any legal recourse. The law commission has come out with many far-reaching reports to repeal numerous irrelevant laws, which have given rise to considerable confusion in the minds of citizens as well as the litigants. However, the government has not been very proactive on this front, taking shelter under Article 372 of our Constitution which provides the basis for the continuation of such redundant laws. Most of these laws no longer serve their original purposes, given the change in context. This article highlights the problems that are caused by such laws. Further, it gives an insight into the applicability of the doctrine of desuetude and how the judiciary has favoured its applicability to simplify matters relating to the functioning of these laws.

Time for an English Commercial Code?

1997 ◽  
Vol 56 (3) ◽  
pp. 516-536
Author(s):  
Dame Mary Arden
Keyword(s):  
Common Law ◽  
Law Reform ◽  
England And Wales ◽  
Commercial Code ◽  
Unique Experience ◽  
The Common ◽  
Systematic Development ◽  
The Law ◽  
Lord Chancellor ◽  
Law Commission

Parliament has imposed on the Law Commission the duty to review the law of England and Wales “with a view to its systematic development and reform, including in particular the codification of [the] law … and generally the simplification and modernisation of the law”. There are a number of points which flow from this. First, as a body which reviews great swathes of the common law to see if they require to be modernised or simplified, the Law Commission has a unique standpoint from which to view the strengths and weaknesses of the common law method. Second, it has unique experience of law reform and the Parliamentary process. Third, in discharge of its functions, it has an interest in seeing that, if codification is appropriate, a recommendation to that effect is made to the Lord Chancellor. It need not be the Law Commission which carries out the recommendation, and indeed the Law Commission could not carry out a project purely of its own initiative.

scholarly journals Judicial Specialisation in a Generalist Jurisdiction: Is Commercial Specialisation Within the High Court Justified?

2015 ◽  
Vol 46 (2) ◽  
pp. 307
Author(s):  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the Government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this article argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this article argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion, it also examines the issues that may arise if the Government decides to continue with its proposed reform under cl 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.

scholarly journals Children in Conflict with the Law (Study in Correctional Center Medan)

2018 ◽  
Vol 5 (11) ◽  
pp. 5090-5095
Author(s):  
Marlina . ◽  
Mahmud Mulyadi ◽  
Nurmalawaty .
Keyword(s):  
New York ◽  
Juvenile Court ◽  
Social Influences ◽  
South Australia ◽  
The United States ◽  
Economic Activities ◽  
The Future ◽  
The Law ◽  
The Government ◽  
Definition Of

Children are living beings who have limitations and need protection from others. Definition of a child in criminal law, a child in conflict with the law hereinafter referred to as a child who is 12 (twelve) years old, but not reach 18 (eighteen) years old who is suspected of committing a crime. In the United Kingdom children age from zero years to 18 years.[1] In the United States, namely New York and Vermont, someone who has not reached the age of 16 is still referred to a juvenile court.[2]  In Scotland the child is a person aged 7 years to 15 years old so that someone is tried in a juvenile justice. In South Australia children aged 8 years to 18 years old and in Canada someone is under 12 years old.[3] There are differences in understanding of children of each country, due to differences in social influences of child development, because the social and cultural and economic activities of each country are different. Even though things have an influence on the level of maturity of a child. It shows that social influences, social and cultural activities must be the concern of the government and society to prevent children from becoming delinquent. According to Nicholas McBala[4]  childhood is a period of life development, also a period of limited ability to harm others. Status and condition of children in Indonesia is paradoxical. Ideally, children are the heirs and progressors of the nation's future. In real terms, the situation of Indonesian children is still and continues to deteriorate. The world of children that should be colored by play activities, learning and developing their interests and talents for the future, the reality is colored by dark and sad data.[5] Children still and continue to deal with the law both as victims and as perpetrators. This condition requires special attention from all components of society and the government to protect and supervise the growth of Indonesian children. So that children are not faced with the law because of doing deviant actions. The direction of legal policy aims to make law a rule that provides protection for the rights of citizens and guarantees future life in the future.[6]    

Comment on “Containing COVID-19 Among 627,386 Persons in Contact With the Diamond Princess Cruise Ship Passengers Who Disembarked in Taiwan: Big Data Analytics” (Preprint)

2020 ◽  
Author(s):  
Rock Liu
Keyword(s):  
Disease Control ◽  
Data Protection ◽  
Personal Data ◽  
Base Station ◽  
The Other ◽  
Personal Privacy ◽  
Personal Data Protection ◽  
The Future ◽  
The Law ◽  
The Government

BACKGROUND The Diamond Princess Cruise outbreak of new corona virus (COVID-19) infection on 2nd February, and more than 2,000 passengers have entered Taiwan, causing concern. The government uses a lot of information to complete the electronic map of cruise passengers within a day, and sends a cell message to the 620,000 people who have contacted the cruise passengers, followed by more than one tracking, if there are respiratory symptoms or pneumonia; then go for an inspection. Chen [1] et al.’s paper has two main points. One is to use the online signal between the mobile phone and the base station to find out the people who have contacted the Princess Diamond passenger. The second is to the 620,000 people who have contacted the Princess Diamond passenger. Use the health insurance database for follow-up health tracking. OBJECTIVE Disease control and prevention sometimes conflict with personal data protection and privacy [6-7, 10]. Science and technology and law always come from human nature [8-9]. How make the balances of both, we needs people's wisdom [11]. METHODS Although the effectiveness of Taiwan’s control against the new coronavirus epidemic is very good, it has taken the lead in violating the law in this practice. The paper by Chen et al. claimed that in the face of new epidemic diseases such as the new coronavirus, it is possible to directly access personal data without obtaining personal consent. According to the investigation, there are currently three laws in Taiwan: 1) Communicable Disease Control Act [3]. 2) The Communication Security and Surveillance Act [4]. 3) Personal Data Protection Act [5]. Those are not mentioned that the government directly calls individuals without personal authorization under special circumstances, such as the new coronavirus epidemic. Therefore, the government violated the law in this case. On the other hand, the paper also emulates South Korea’s policies [2] and practices in the new coronavirus epidemic, such as cell phone positioning, electronic medical records, swipe records, and monitors. South Korea’s laws do not satisfy to Taiwan. Here is another wrong example. RESULTS We know that the world is fighting against the new coronavirus, but this cannot allow the Taiwan government to use it as a reasonable excuse for infringing on personal privacy. Although the other countries have serious new coronavirus epidemics, they seal the city or limit the people’s social distance, and do not violate personal privacy. How to strike a balance between controlling the epidemic situation and protecting personal data and privacy, it is the direction we need to work hard in the future. CONCLUSIONS How to strike a balance between controlling the epidemic situation and protecting personal data and privacy, it is the direction we need to work hard in the future.

Section 1031 Like-Kind Exchanges: Review of the Past and Proposal for the Future

2015 ◽  
Vol 13 (1) ◽  
pp. 1-16
Author(s):  
Edward J. Schnee ◽  
Shane R. Stinson
Keyword(s):  
Dual Use ◽  
Legislative History ◽  
The Past ◽  
Policy Suggestions ◽  
The Future ◽  
History Of ◽  
The Law ◽  
Over Time

ABSTRACT Congress created the tax-free exchange of like-kind property over 90 years ago and has since made several revisions to the law to prevent tax abuse and limit its application. However, the like-kind exchange rules, now governed by Section 1031, are expanding over time. In this article, we review the legislative history of Section 1031 and recently proposed changes to the law. In line with recent proposals, we recommend that Congress eliminate the special tax treatment granted to like-kind exchanges. However, in the event that Congress is unable or unwilling to make such a change, we also offer policy suggestions to limit current abuses of the like-kind provision relating to exchanges of investment property, the use of qualified intermediaries in non-simultaneous exchanges, and exchanges involving dual-use property.

4. Registration of title

2020 ◽  
pp. 78-120
Author(s):  
Sandra Clarke ◽  
Sarah Greer
Keyword(s):  
Land Registration ◽  
Commission Report ◽  
The Subject ◽  
The Law ◽  
The Government ◽  
Law Commission

This chapter examines registration of title, commonly called registered land, another fundamental reform of the 1925 property legislation. The first attempt at universal registration of title to land was the Land Registration Act 1925. This has since been replaced by the Land Registration Act 2002, which is itself the subject of a recent Law Commission report proposing reforms to the current law. Any transfer of land that is not yet registered will trigger registration of title, and thereafter the land will be subject to the law on registration. The government has announced a commitment to comprehensive registration of title by 2030. The chapter deals with the principles of registration; first registration of title; substantive registration; interests protected by notice, restriction, and overriding interests; alteration and rectification of the register; the correction of mistakes in the register and the payment of indemnity or compensation for mistakes. Proposals for reform are also discussed.

scholarly journals R v Hall and the changing perceptions of the crime of bigamy

Legal Studies ◽  
2019 ◽  
Vol 39 (1) ◽  
pp. 1-17
Author(s):  
Rebecca Probert
Keyword(s):  
Nineteenth Century ◽  
The Past ◽  
The Future ◽  
The Law ◽  
The Cost ◽  
Over Time

AbstractIn 1845, the conviction of Thomas Hall for bigamy was reported as an example of the unequal way in which the law operated, with great play being made of the steps that Hall could have taken to free himself from his first wife by a divorce, were it not for the cost involved. Since then, virtually every account of nineteenth-century bigamy or divorce has included some version of the judge's apparently ‘brilliantly sarcastic’ speech.But what the judge was reported as saying at the time differs in a number of crucial particulars from what later commentators have reported him as saying. Later accounts have played up the misconduct of the first wife, inflated the cost of obtaining a divorce, and exaggerated the poverty and lowly status of Hall, while playing down the sentence he received and ignoring his deception of his second wife.This paper traces the evolution of the account over time, and identifies the timing of the various changes that were made. It illustrates how history is used – by politicians, reformers, and scholars – to support both a particular view of the past and to bolster claims as to how the law should change for the future.

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