scholarly journals The Law Commission's Project on Weddings Law Reform

2021 ◽  
Vol 23 (3) ◽  
pp. 267-279
Author(s):  
Nicholas Hopkins ◽  
Elizabeth Welch ◽  
Sam Hussaini
Keyword(s):  
Legal Status ◽  
Law Reform ◽  
Religious Groups ◽  
Diverse Range ◽  
England And Wales ◽  
The People ◽  
The Law ◽  
The Many ◽  
Law Commission ◽  
The Way

The Law Commission has consulted on provisional proposals for reform of the law governing how and where couples can get married in England and Wales. This article gives an overview of those proposals, with particular focus on religious weddings, including Anglican weddings. It examines proposed changes to each aspect of the process of getting married, from the preliminaries to the people required to officiate at the wedding, the permitted locations and the rules governing the content of the ceremony. The article argues that the legal status of marriage itself is highly flexible, recognising a range of unions. The proposed reforms aim to reflect the diverse range of views about the meaning of marriage, and ensure that the way in which the law recognises a legally binding wedding fits with the many different traditions according to which religious groups celebrate the formation of marriage.

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.

An Emerging Welsh Legal Identity: a Brief Overview of the Information Landscape

2013 ◽  
Vol 13 (3) ◽  
pp. 156-161 ◽  
Author(s):  
Lillian Stevenson
Keyword(s):  
Law Reform ◽  
Annual Lecture ◽  
National Assembly ◽  
The People ◽  
Opening Line ◽  
The Law ◽  
Short Time ◽  
Information Landscape ◽  
Law Making ◽  
Law Commission

Abstract“Wales, it has to be said, has come a very long way in a short time.” was the opening line by Sir David Lloyd Jones in his speech on, “The Law Commission and Law Reform in a Devolved Wales” to the Wales Governance Centre Annual Lecture in Aberystwyth in March 2013.1 This brief overview by Lillian Stevenson attempts to discuss this statement using selected documents published after the 2011 referendum in which the people of Wales voted in favour of extending the law making powers of the National Assembly.

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”.

Unfitness to Plead in England and Wales

2018 ◽  
Author(s):  
Rudi Fortson
Keyword(s):  
Mental Illness ◽  
Learning Disability ◽  
Developmental Disorder ◽  
Criminal Offence ◽  
Legal Process ◽  
England And Wales ◽  
Criminal Jurisdiction ◽  
Communication Impairment ◽  
The Law ◽  
Law Commission

This chapter examines the legal and practical issues encountered by practitioners when dealing with unfitness to plead litigation. As the Law Commission for England and Wales has pointed out, defendants charged with a criminal offence may be unfit to plead or to stand trial for a variety of reasons, including difficulties resulting from mental illness, learning disability, developmental disorder, or communication impairment. Two issues are considered: (i) how might those defendants who are unfit be accurately identified; and (ii) what steps should be taken by legal practitioners and by the courts of criminal jurisdiction to cater for the interests of vulnerable defendants, victims, and society, and to maintain the integrity of the legal process as one that is fair and just? The chapter evaluates the reform proposals of the English Law Commission and assesses how the law could be improved for all those who are involved in dealing with the unfit to plead.

Case Analysis: The Gabčíkovo-Nagymaros Case: The Law of Treaties

1998 ◽  
Vol 11 (2) ◽  
pp. 321-344 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
Legal Status ◽  
Case Analysis ◽  
Vienna Convention ◽  
Fundamental Change ◽  
Unilateral Termination ◽  
The Subject ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The subject-matter of this article are the issues of treaty law as expounded in the Judgment in the Gabčíkovo-Nagymaros case. The following problems are discussed: unilateral suspension and abandonment of obligations deriving from the binding treaty; the principle of fundamental change of circumstances; unilateral termination of a treaty; applicability of the 1969 Vienna Convention on the Law of Treaties in this case; legal status of so-called ‘provisional solution’; impossibility of performance and material breach of treaty; the application of the principle of ‘approximate application’; and the principle pacta sunt servanda. The issues arc discussed at the background of the Drafts of the International Law Commission.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

scholarly journals Diminished responsibility and alcohol

2010 ◽  
Vol 16 (3) ◽  
pp. 193-198 ◽  
Author(s):  
Nuwan Galappathie ◽  
Krishma Jethwa
Keyword(s):  
Criminal Law ◽  
Case Law ◽  
Law Reform ◽  
England And Wales ◽  
Life Sentence ◽  
The Law ◽  
Diminished Responsibility

SummaryIn England and Wales diminished responsibility is a partial defence to the charge of murder. If successfully argued by the defence, it reduces the charge from murder to manslaughter and thus avoids the mandatory life sentence. Alcohol has been reported to be a feature in up to 80% of all homicides but for many years the judiciary have set an almost unattainable threshold for the disease of alcoholism to amount to a finding of diminished responsibility, in accordance with other aspects of criminal law. Reform of the law on murder is likely to take many years but it is timely to recap the current law on diminished responsibility and review advances in case law in England and Wales on alcohol.

Children Under the Law

1973 ◽  
Vol 43 (4) ◽  
pp. 487-514 ◽  
Author(s):  
Hillary Rodham
Keyword(s):  
Interest Group ◽  
Family Life ◽  
Legal Status ◽  
Best Interests ◽  
Law Reform ◽  
Court Decisions ◽  
Social Consensus ◽  
Parens Patriae ◽  
The Law ◽  
Procedural Rights

The author examines the changing status of children under the law. Traditionally,the law has reflected a social consensus that children's best interests are synonymous with those of their parents, except under the few circumstances where the state is authorized to intervene in family life under the. doctrine of parens patriae. Little consideration has been given to the substantive and procedural rights of children as a discrete interest group. At present, law reform is moving to change children's legal status in two ways: by extending more adult rights to children and by recognizing certain unique needs and interests of children as legally enforceable rights. Ms. Rodham summarizes recent Supreme Court decisions which will influence changes of both kinds, and suggests specific directions reform might take.

scholarly journals Effective Participation of Mentally Vulnerable Defendants in the Magistrates’ Courts in England and Wales—The ‘Front Line’ from a Legal Perspective

2020 ◽  
pp. 002201832095711
Author(s):  
Helen Howard
Keyword(s):  
Legal Reform ◽  
Legal Aid ◽  
Front Line ◽  
England And Wales ◽  
Legal Professionals ◽  
Legal Reforms ◽  
Legal Perspective ◽  
The Law ◽  
Law Commission

Mentally vulnerable defendants who struggle to effectively participate in their trial in the magistrates’ courts are not receiving the same protection as those who stand trial in the Crown Court. The Law Commission for England and Wales recognised this lacuna and suggested that the law relating to effective participation should be equally applicable in the magistrates’ courts. On closer examination of the law, the legal aid system and perspectives of legal professionals on the ‘front line’, it is clear that improvements in policy are of greater importance than legal reform and are more likely to meet the needs of these vulnerable individuals. The aim of this paper will be to demonstrate that reform of the law will be insufficient to adequately protect mentally vulnerable defendants in the magistrates’ courts and that changes in policy are needed in place of, or alongside, legal reforms.

the Seed is the Law

2005 ◽  
Vol 34 ◽  
pp. 53-60
Author(s):  
Eileen M. Antone
Keyword(s):  
North America ◽  
Aboriginal People ◽  
Royal Commission ◽  
Aboriginal Communities ◽  
The People ◽  
The Law ◽  
Seeds Of Peace ◽  
Policies And Programs ◽  
The Many ◽  
Ways Of Life

AbstractSince humanities arise from a specific place and from the people of that place, this article will focus on Peacemaker’s revolutionary teachings about the seed of law. Long before the people from across the ocean arrived here on Turtle Island (North America) there was much warfare happening. According to John Mohawk (2001, para. 1), an Iroquoian social historian, “[t]he people had been at war for so long that some were born knowing they had enemies [but] not knowing why they had enemies”. Peacemaker planted the seeds of peace which resulted in the Kayenla’kowa, the Great Law of Peace (n. d.), which is the basis of the Hotinosh^ni Confederacy. With the burial of the weapons of war under the Great Tree of Peace the Hotinosh^ni were able to develop their rituals and ceremonies to reflect their relationship with creation. This peaceful confederacy was disrupted shortly after the Europeans arrived with their violent imperialistic ways of life. The 1996 Royal Commission on Aboriginal People (RCAP) documented the situation of Aboriginal communities, which was the result of oppressive policies and programs of colonialism. The RCAP also captured the many different voices of the Aboriginal people in their struggle to revitalise their traditional teachings that will make them strong again.

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