scholarly journals The ‘chilling effect’ of defamation law in Northern Ireland?

2021 ◽  
Vol 72 (AD3) ◽  
pp. 1-34
Author(s):  
Mark Patrick Hanna
Keyword(s):  
Northern Ireland ◽  
Free Speech ◽  
Jury Trial ◽  
England And Wales ◽  
The Public ◽  
Chilling Effect ◽  
The Common ◽  
The Law ◽  
The Difference ◽  
Defamation Law

This article compares defamation law in England and Wales with that of Northern Ireland and analyses whether the current law in Northern Ireland is having a ‘chilling effect’ on free speech. At the time of writing, the Northern Ireland Assembly is formally considering adopting legislation based on the Defamation Act 2013 which reformed the law in England and Wales. The article aims to contribute to that debate in Northern Ireland, but it should also be of broader interest as an analysis of the effectiveness of the Defamation Act 2013. The article focuses on three key areas of reform, in both the Defamation Act 2013 and the Northern Ireland Defamation Bill: the presumption of jury trial, the threshold of seriousness, and the public interest defence. It demonstrates that the different approach of the law in Northern Ireland in these areas did not simply occur with the enactment of the 2013 Act, but rather that it started several years before that with a divergence from developments in the common law in England and Wales. The article argues that the difference has been entrenched by the changes in the 2013 Act, and that, in relation to each of those areas, the law in Northern Ireland is now on a singular course and one that can be seen to have a definite ‘chilling effect’ on free speech.

Exclusive possession or the intention of the parties? The relation of landlord and tenant in Northern Ireland

2017 ◽  
Vol 68 (2) ◽  
pp. 202-223
Author(s):  
Mark Hayward
Keyword(s):  
Northern Ireland ◽  
Case Law ◽  
Historical Background ◽  
England And Wales ◽  
House Of Lords ◽  
The Law

The seminal House of Lords judgment in Street v Mountford established that the test for distinguishing between a lease and a licence is whether the occupant has been granted exclusive possession of the premises. The test is objective: the relation of landlord and tenant exists where exclusive possession has been granted, regardless of the intention of the parties. However, this stands at odds with the law in both parts of Ireland, where s 3 of Deasy's Act states that the relation of landlord and tenant 'shall be deemed to be founded on the . . . contract of the parties'. This article analyses the historical background that led to Deasy's Act, surveys contemporary case law in both parts of Ireland on leases vs licences and argues that the law in this area in Northern Ireland differs from that in England and Wales.

Getting to (not) guilty: examining jurors' deliberative processes in, and beyond, the context of a mock rape trial

Legal Studies ◽  
2010 ◽  
Vol 30 (1) ◽  
pp. 74-97 ◽  
Author(s):  
Louise Ellison ◽  
Vanessa E Munro
Keyword(s):  
Practical Significance ◽  
Jury Trial ◽  
Criminal Prosecution ◽  
England And Wales ◽  
The Public ◽  
Trial Process ◽  
Future Improvement ◽  
Rape Trial ◽  
Deliberative Processes ◽  
Insight Into

In England and Wales, trial by jury is typically reserved for more serious offences and is by no means the norm of criminal prosecution. Despite this, the jury continues to hold enormous symbolic and practical significance. In a context in which research with ‘real’ juries is prohibited, this paper outlines the findings of a mock study in which members of the public deliberated towards a unanimous verdict, having observed an abbreviated rape trial reconstruction. It reflects on the structural processes (including the use of narrative, the presence of a foreperson and group/inter-personal dynamics) that framed the tone and direction of discussions. In so doing, it generates insight into what may go on behind the closed doors of the jury room in rape cases and – more broadly – highlights the ways in which differently composed juries, when faced with the same scenario, may reach divergent verdicts or embark on radically different routes to reach the same destination. In addition, it explores the extent to which participants, having been directed on appropriate legal tests and burdens of proof, were able to understand and apply these standards; and it reflects on the implications of this in terms of future improvement of the jury trial process, both in rape cases and beyond.

But They Said Their Payroll Program Complied with the FLSA.…?

2002 ◽  
Vol 31 (1) ◽  
pp. 79-93
Author(s):  
Brian P. Walter
Keyword(s):  
Public Sector ◽  
The Public ◽  
The Common ◽  
The Law

This article examines FLSA compliance problems faced by public employers in selecting a computer payroll system. The article provides an overview of the FLSA and how it has come to be applied to the public sector. The common FLSA deficiencies of payroll programs for public sector employers are discussed with an explanation of the law. The article offers guidance to public employers on steps to ensure that their payroll system is designed and implemented in compliance with the FLSA.

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.

‘Furiously Mad’: Vagrancy Law and a Sub-Group of the Disorderly Poor

Rural History ◽  
2013 ◽  
Vol 24 (1) ◽  
pp. 25-40 ◽  
Author(s):  
AUDREY ECCLES
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Social Problem ◽  
Common Law ◽  
Medical Texts ◽  
The Public ◽  
Course Of Action ◽  
The Subject ◽  
The Common ◽  
The Law

Abstract:Madness has been a social problem from time immemorial. Wealthy lunatics were made royal wards so that their estates would be looked after, and the common law very early admitted madness and idiocy as conditions justifying the exemption of the sufferer from punishments for crime. But the vast majority of lunatics have never been either criminal or wealthy, and many wandered about begging, unwelcome in any settled community. Finally, in the eighteenth century, the law made some attempt to determine a course of action which would protect the public and theoretically also the lunatic. This legislation and its application in practice to protect the public, contain the lunatic, and deal with the nuisance caused by those ‘disordered in their senses’, form the subject of this article. Much has been written about the development of psychiatry, mainly from contemporary medical texts, and about the treatment of lunatics in institutions, chiefly from nineteenth-century sources, but much remains to be discovered from archival sources about the practicalities of dealing with lunatics at parish level, particularly how they were defined as lunatics, who made such decisions, and how they were treated in homes and workhouses.

scholarly journals Lies, Collateral Lies and Insurance Claims: The Changing Landscape in Insurance Law

2018 ◽  
Vol 22 (2) ◽  
pp. 237-265
Author(s):  
Baris Soyer
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Insurance Fraud ◽  
England And Wales ◽  
Insurance Law ◽  
Significant Challenge ◽  
The Common ◽  
Utmost Good Faith ◽  
The Law ◽  
Definition Of

Determining the scope of the fraudulent claims rule in insurance law has posed a significant challenge for the courts, particularly in the last two decades. In the shadow of the doctrine of utmost good faith, the law in this area has developed in an uncompromising fashion introducing draconian remedies against an assured who submits a fraudulent claim. The Supreme Court's most recent intervention has provided much needed guidance on the state of the law. This article, taking into account the fact that in other areas of law more proportionate remedies have gradually been introduced, discusses the boundaries of the fraudulent claims rule in insurance law as it applies in England and Wales and Scotland. Considering that the insurers might be tempted to introduce fraudulent claims clauses into their contracts to expand the common law definition of insurance fraud at the claims stage, this article also evaluates the wording of such clauses often used in practice and concludes that they lack the desired clarity.

scholarly journals Grønlands apostel i kampen mod Abraham Grønlænder – ofringsnarrativer i kim leines roman Rød mand/sort mand

2021 ◽  
Vol 2021 (1) ◽  
pp. 53-64
Author(s):  
Anita Soós
Keyword(s):  
Postcolonial Theory ◽  
Special Focus ◽  
Cultural Encounters ◽  
Religious Influence ◽  
The Public ◽  
The Two Cultures ◽  
The Common ◽  
The Difference ◽  
Historical Heritage ◽  
In The Beginning

The literary interest in Greenland has been growing steadily in recent years. Both the question of the countryʼs secession from Denmark and the handling of imperialism's historical heritage have occupied the public. The author Kim Leine diligently contributes to the debate with his works on the cultural encounters between Danes and Greenlanders. Following an overview of Leine’s description of the coexistence of colonizers and colonized and the political and religious influence of the former on the latter in the beginning of the 18. century this paper discusses how Leine tries to debunk the common perception of Danes as soft colonizers. The main purpose of the article is to investigate how the difference between the two cultures manifests itself in the father-son relations, with a special focus on the interpretation of the act of sacrifice in the biblical story of Abraham and Isaac. The approach is inspired by postcolonial theory.

scholarly journals Fatwa Analysis on Bone China Products and Its Halal Solution

2018 ◽  
Vol 23 ◽  
pp. 53-66
Author(s):  
Mohd Mahyeddin Mohd Salleh ◽  
Irwan Mohd Subri
Keyword(s):  
Qualitative Research ◽  
Research Methodology ◽  
Document Analysis ◽  
The Public ◽  
Bone China ◽  
Animal Bones ◽  
Qualitative Research Methodology ◽  
The Law ◽  
The Difference

This article discusses the use of animal bones in bone China products from halal and haram perspective. The main problem of the study due to the public confusion as a result of the difference views on halal and haram status of bone China products. The objectives of the study are to analyze the Shariah’s view and current fatwa on the law of utilizing animal bones, thus proposing a halal legal solution to the issue studied. The qualitative research methodology was used in this study through two approaches which are document analysis and interview. The study found that the cattle bones were the raw ingredients used by most of the bone China’s manufacturers. The analysis of fuqaha views found that only halal animal bones which has been slaughtered according to Shariah law were agreed to be halal (permissible), while pork bones was agreed to be haram (prohibited). However, there are disagreements among Islamic scholars for the bones of carcasses other than pigs. This arising from their difference interpretation on Shariah's arguments comprising the Qur'an, hadith, qiyās and maslahah. In the case of using animal bones in bone China products, the fatwa that permitted its use is found to be stronger, provided that it is not susceptible to pigs, based on the theory of transformation through burning (istiḥālah bi al-iḥrāq). However, among halal alternatives to bone China are clay and melamine-based products which are found to be stronger and cheaper than bone China.

scholarly journals KEDUDUKAN DISSENTING OPINION DALAM PERKARA TINDAK PIDANA KORUPSI

2018 ◽  
Vol 2 (2) ◽  
pp. 203-217
Author(s):  
Dewi Ratnasari Rustam
Keyword(s):  
Rule Of Law ◽  
Freedom Of Speech ◽  
The Other ◽  
Court Ruling ◽  
The Rule Of Law ◽  
The Public ◽  
Other Hand ◽  
Difference Of Opinion ◽  
The Law ◽  
The Difference

Dissenting opinion is the difference of opinion between the Tribunal judges who handle certain a matter with other judges of the Tribunal dealing with certain cases. Dissenting opinion does not have the force of law because it cannot be the Foundation for the inception of the award. Dissenting opinion itself is an aspect of the law that need to be examined in order to prevent the formation of false opinion among the public. So, nowadays have started to formed the perception that dissenting opinion was an engineering law, instead of enforcing the rule of law but rather media that gave the opportunity for the defendant in corruption regardless of criminal trapping; but on the other hand is a form of difference of opinion and the independence of the judges as the metre is guaranteed by the provisions of the law; that the importance of dissenting opinion in the Court ruling was the judge's opinion be weighted, in an attempt of law appeal or cassation; as an indicator to determine the career judge, as an attempt to avoid the practice of corruption, Collusion and Nepotism (KKN) and the judicial mafia; as a real step towards the transparency of judicial democratization; the judiciary; and kemandiarian the judge require the freedom of speech.

Facticity

2020 ◽  
pp. 899-916
Author(s):  
Paul Daly
Keyword(s):  
Judicial Review ◽  
Traditional Approach ◽  
Common Law ◽  
Comparative Perspective ◽  
Evolutionary Path ◽  
England And Wales ◽  
Factual Error ◽  
Administrative Action ◽  
The Common ◽  
The Law

This chapter analyses, from a comparative perspective, the law of judicial review of administrative action as it relates to factual error. The analyses is conducted in four common law jurisdictions (Australia, Canada, England and Wales, and Ireland), which have a ‘filial relationship’ as part of the common law tradition of controlling administrative action through the ordinary courts. The chapter outlines the traditional approach to judicial review of factual error in the four jurisdictions, characterized by limited judicial oversight of issues of fact. Next, the chapter describes the recent evolution in the law of judicial review of factual error. Although the evolutionary path has not led to the same destination in each jurisdiction, there has been increased judicial willingness to examine alleged factual errors in judicial review proceedings. However, the factors which have influenced the evolution of the law are different in each jurisdiction.

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