Making And Changing Law In Small Jurisdictions

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Making and Changing Law in Small Jurisdictions

Author : Caroline Morris
Publisher : Springer Nature
Page : 200 pages
File Size : 50,6 Mb
Release : 2024-06-18
Category : Electronic
ISBN : 9783031469435

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Making and Changing Law in Small Jurisdictions by Caroline Morris Pdf

Making and Changing Law in Small Jurisdictions

Author : Caroline Morris
Publisher : Springer
Page : 0 pages
File Size : 45,5 Mb
Release : 2024-03-22
Category : Law
ISBN : 3031469429

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Making and Changing Law in Small Jurisdictions by Caroline Morris Pdf

This book puts the spotlight on a different and neglected aspect of law drafting and reform: the question of size. Specifically, how does the size of a jurisdiction affect its ability to make and change its laws? Some of the challenges affecting small jurisdictions include: a lack of resources and paucity of policy/drafting capacity; the pressures and pull from sources outside the jurisdiction (e.g. international bodies or NGOs; larger states; treaty commitments); a vulnerability to domestic capture (e.g. criminal elements, big local businesses, strong domestic lobby groups); weak/bad governance (e.g. laws or institutions which themselves do not encourage or promote good governance, reflection and reform); the legacy of colonial legal systems and their interaction with indigenous or customary laws; and struggles to comply with constitutional norms such as accountability and transparency. Despite these difficulties small jurisdictions also have certain advantages when it comes to making and reforming law: they can be flexible and creative; they can legislate very quickly if the political will is there; and there is strong informal/formal accountability in a small jurisdiction. This edited collection explores law reform and law drafting in small jurisdictions through the themes of sovereignty; the impact of colonialism and legal plurality; the challenges of harmonising laws at regional and international levels; and constitutional reform. Of use to researchers and practitioners alike.

How Our Laws are Made

Author : John V. Sullivan
Publisher : Unknown
Page : 72 pages
File Size : 51,9 Mb
Release : 2007
Category : Government publications
ISBN : PURD:32754073527669

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How Our Laws are Made by John V. Sullivan Pdf

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 52,7 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Law of Limitations

Author : Graeme Mew
Publisher : Unknown
Page : 408 pages
File Size : 50,8 Mb
Release : 2004
Category : Limitation of actions
ISBN : 0433438045

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The Law of Limitations by Graeme Mew Pdf

Small States in a Legal World

Author : Petra Butler,Caroline Morris
Publisher : Springer
Page : 264 pages
File Size : 51,7 Mb
Release : 2017-04-29
Category : Law
ISBN : 9783319393667

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Small States in a Legal World by Petra Butler,Caroline Morris Pdf

This book is a unique collection of high quality articles analysing legal issues with particular regard to small states. The small states of the world differ considerably in their geography, history, political structures, legal systems and wealth. Nevertheless, because of their size, small states face a set of common challenges including vulnerability to external economic impacts such as changing trade regimes and limited ability to diversify economic activity; limited public and private sector capacity, including the legal and judicial infrastructure; a need for regional co-operation; a vulnerability to environmental changes as well as a limited ability to engage with supranational bodies and the forces of globalisation. This is the first volume of an exciting and unique new series, The World of Small States. In this work, legal experts from small jurisdictions and those with a particular interest in legal issues facing small states explore inter alia ethics in small jurisdictions, legal education and the profession in small states, the challenges facing small states with mixed legal systems, the constitutional arrangements in small states, small states as tax havens, and intellectual property and competition law issues.

A Guide to the Making of Federal Acts and Regulations

Author : Canada. Department of Justice. Legislative Services Branch,Canada. Legislation and House Planning Secretariat
Publisher : Department of Justice Canada
Page : 420 pages
File Size : 40,5 Mb
Release : 1996
Category : Administrative agencies
ISBN : UCBK:C055931002

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A Guide to the Making of Federal Acts and Regulations by Canada. Department of Justice. Legislative Services Branch,Canada. Legislation and House Planning Secretariat Pdf

Acts and regulations are among a government's most powerful tools for fulfilling its democratic mandate. The steps involved in making them have evolved over centuries and reflect the attention and care required to ensure that they operate effectively and fairly. This guide provides a comprehensive description of how Acts are made at the federal level in Canada and answers questions about particular aspects of how they are made and the people involved. It also outlines the main steps involved in making federal regulations.

Internet Jurisdiction Law and Practice

Author : Julia Hörnle
Publisher : Oxford University Press, USA
Page : 545 pages
File Size : 50,9 Mb
Release : 2021-01-07
Category : Law
ISBN : 9780198806929

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Internet Jurisdiction Law and Practice by Julia Hörnle Pdf

Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.

Small Island Developing States

Author : Stefano Moncada,Lino Briguglio,Hilary Bambrick,Ilan Kelman,Catherine Iorns,Leonard Nurse
Publisher : Springer Nature
Page : 390 pages
File Size : 48,6 Mb
Release : 2021-10-19
Category : Law
ISBN : 9783030827748

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Small Island Developing States by Stefano Moncada,Lino Briguglio,Hilary Bambrick,Ilan Kelman,Catherine Iorns,Leonard Nurse Pdf

This book explores how vulnerable and resilient communities from SIDS are affected by climate change; proposes and, where possible, evaluates adaptation activities; identifies factors capable of enhancing or inhibiting SIDS people’s long-term ability to deal with climate change; and critiques the discourses, vocabularies, and constructions around SIDS dealing with climate change. The contributions, written by well-established scholars, as well as emerging authors and practitioners, in the field, include conceptual papers, coherent methodological approaches, and case studies from the communities based in the Caribbean Sea and the Indian, Atlantic, and Pacific Oceans. In their introduction, the editors contextualise the book within the current literature. They emphasise the importance of stronger links between climate change science and policy in SIDS, both to increase effectiveness of policy and also boost scholarly enquiry in the context of whose communities are often excluded by mainstream research. This book is timely and appropriate, given the recent commission by the Intergovernmental Panel on Climate Change (IPCC) of a Special Report that aims at addressing vulnerabilities, “especially in islands and coastal areas, as well as the adaptation and policy development opportunities” following the Paris Agreement. Coupled with this, there is also the need to support the policy community with further scientific evidence on climate change–related issues in SIDS, accompanying the first years of implementation of the United Nations Sustainable Development Goals.

The World of Maritime and Commercial Law

Author : Charles Mitchell,Stephen Watterson
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 43,5 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781509932412

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The World of Maritime and Commercial Law by Charles Mitchell,Stephen Watterson Pdf

This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law. For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies). In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council. For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings. In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties. Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.

Social Security Law in Small Jurisdictions

Author : Danny Pieters
Publisher : Springer Nature
Page : 329 pages
File Size : 45,6 Mb
Release : 2021-08-18
Category : Law
ISBN : 9783030782474

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Social Security Law in Small Jurisdictions by Danny Pieters Pdf

The book examines whether small jurisdictions (states) are confronted with specific issues providing social security and how to deal with these issues. How is social security law impacted by the smallness of the jurisdiction? First, the author examines the key concepts ‘small jurisdiction’ and ‘social security’ as he understands them in the present research. He then pays some attention to the relation between social security and social security law and subsequently makes an excursion to explore the notion of legal transplants. In the second part, the author first examines the main features characterizing small states according to the general literature on small states, focusing on features which may be relevant to social security. He also includes an overview of the (limited) literature dealing with the specific social security issues small jurisdictions have to deal with. In other words, the second part provides the reader with the status quaestionis. In the third part, the author takes a look at the social security systems of 20 selected small jurisdictions. He does so according to a uniform scheme, in order to facilitate their comparison. These 20 case studies allow him in a next part to test the correctness of the statements made in Part 2. In the fourth part, he compares the social security systems of the 20 small jurisdictions. He draws conclusions as to the main question, but also to test the validity of the current literature on the topic as described in Part 2. Special attention goes to the use of legal transplants for the definition of the personal scope of social security arrangements. In the concluding part of the book, the author formulates some suggestions for the benefit of the social security systems of the small jurisdictions, based on his research.

Small States and the Changing Global Order

Author : Anne-Marie Brady
Publisher : Springer
Page : 389 pages
File Size : 54,7 Mb
Release : 2019-07-22
Category : Law
ISBN : 9783030188030

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Small States and the Changing Global Order by Anne-Marie Brady Pdf

This book provides a critical examination of the foreign policy choices of one typical small state, New Zealand, as it faces the changing global balance of power. New Zealand’s foreign policy challenges are similar with those faced by many other small states in the world today and are ideally suited to help inform theoretical debates on the role of small states in the changing international system. The book analyses how a small state such as New Zealand is adjusting to the changing geopolitical, geo-economic, environment. The book includes perspectives from some of New Zealand's leading as well as emerging commentators on New Zealand foreign policy.

The Constitution Act, 1982

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 45,7 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Enactment of a Law

Author : United States. Congress. Senate
Publisher : Unknown
Page : 18 pages
File Size : 48,6 Mb
Release : 1953
Category : Legislation
ISBN : UOM:39015070588309

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Enactment of a Law by United States. Congress. Senate Pdf