Search result: 267 articles

x
Practice

Legislatures in Modern States: The Role of Legislature in Ensuring Good Governance Is Inadequate

A Case Study of the United Kingdom and Sierra Leone

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords legislature, good governance, comparative analysis
Authors Kadija Kabba
AbstractAuthor's information

    This essay is about examining the role of legislature in ensuring good governance and how adequate or otherwise they are in ensuring good governance. To examine and establish the facts, a comparative analysis is made between the United Kingdom and Sierra Leone Legislatures.This article first and foremost tried to establish that, indeed legislatures all over the world have an important role in ensuring good governance, which is the bed-rock and an essential ingredient in any government intending to thrive in governance, achieve its goals of success and a well-ordered and sustainable society.This piece of work chose transparency and accountability, two vital components that make up the concept of good governance as criteria in making the comparative analysis between two independent countries with legislatures as an arm of the Government.In comparing and analyzing the two jurisdictions, it was further established that there are certain factors that may limit or enhance the achievement of good governance by these legislatures. Nevertheless, the irrefutable fact this article tried to illustrate is that Good Governance needs an effective Parliament.


Kadija Kabba
Kadija Kabba is a Legal Officer and Legislative Drafter at the Central Bank of Sierra Leone. She holds an LL.M from the Universitty of London, A MPhil from the University of Tromsee, Norway, a LL.B and BA Degrees from the University of Sierra Leone. She is also a qualified barrister and Socilitor of the High Court of Sierra Leone.
Article

The ECJ Ruling in Cartesio and Its Consequences on the Right of Establishment and Corporate Mobility in the European Union

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords Cartesio, right of establishment, Corporate mobility
Authors Prof. dr.sc. Siniša Petrović and Tomislav Jakšić
AbstractAuthor's information

    Before Cartesio, the case law of the European Court of Justice on freedom of establishment mainly considered company immigration situations, i.e. legal entities moving into another Member State. Cartesio is the first major ruling on company emigration since the 1988 decision in Daily Mail. Consequently, much was expected from Cartesio, notably that it would confirm a company’s right to directly invoke its freedom of establishment in emigration scenarios. However, this was not the case. Although Cartesio introduced some new concepts into the freedom of establishment case law like the concept of company conversion, the freedom of establishment actually took a step backward. This effectively resulted in almost complete disregard of the freedom of establishment in emigration situations - unlike in immigration situations. This partial denial of freedom of establishment, one of the fundamental freedoms of Community law, would seem urge the continuation of work on the new 14th Company Law Directive. In light of the current ECJ case law, only a legislative approach would seem suitable to guarantee non-discrimination in the ongoing regulatory competition between Member States which apply the registered seat theory and those which apply the administrative (real) seat theory.


Prof. dr.sc. Siniša Petrović
Prof. dr. sc. Siniša Petrović is a full professor at the Faculty of Law of the University of Zagreb.

Tomislav Jakšić
Tomislav Jakšić is a Junior Researcher at the Faculty of Law of the University of Zagreb.

Dr. Helen Xanthaki
Article

Act of Parliament: The Role of Parliament in the Legislative Process

A Commonwealth Perspective

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords parliament, legislation, pre-legislative scrutiny, supremacy of parliament, delegated legislation, Uganda, legislative process
Authors Denis Kibirige Kawooya
AbstractAuthor's information

    Whereas making law is one of the principal functions of Parliament, Parliament plays a very limited role in the legislative process. In Uganda, like in many commonwealth jurisdictions due to the role the Constitution has given to Parliament, the legislature should take a more active role in the legislative process. The paper examines the legislative authority of Parliament, the concept of Parliamentary supremacy, pre-legislative scrutiny and whether Parliament should be involved in the scrutiny of delegated legislation.


Denis Kibirige Kawooya
Denis Kibirige Kawooya is a Senior State Attorney in the Ministry of Justice and Constitutional Affairs, Uganda, a member of the Commonwealth Association of Legislative Counsel, Uganda Law Society, East African Law Society and an Advocate of the High Court of Uganda.
Article

Legislative Drafting Tools for Stabilization Provisions and Economic Balancing Provisions

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords legislative drafting, stabilization, economic balancing provisions
Authors Linnet Mafukidze
AbstractAuthor's information

    The article outlines the problems with stabilization provisions in national oil or gas legislation with regard to the difficulty of governments to implement legislation to develop its economic, social and environmental regimes. It also seeks to provide a potential guideline for legislative drafters in order to address the problems wrought by stabilization provisions, in national oil or gas legislation, through the use of economic balancing provisions. The article further gives tools for legislative drafters to use when drafting economic balancing provisions.


Linnet Mafukidze
Linnet Mafukidze is a Senior State Counsel at the Attorney General’s Chambers, Botswana.

Matthias Borgers
Both authors are Professors of Criminal Law and Criminal Procedure at the VU University in Amsterdam. This article is based on M.J. Borgers, De vlucht naar voren (The way forward) VU inaugural lecture (The Hague: Boom Juridische Uitgevers 2007) and E. van Sliedregt, Tien tegen één (Ten to One), VU inaugural lecture (The Hague: Boom Juridische Uitgevers 2009).

Elies van Sliedregt
Both authors are Professors of Criminal Law and Criminal Procedure at the VU University in Amsterdam. This article is based on M.J. Borgers, De vlucht naar voren (The way forward) VU inaugural lecture (The Hague: Boom Juridische Uitgevers 2007) and E. van Sliedregt, Tien tegen één (Ten to One), VU inaugural lecture (The Hague: Boom Juridische Uitgevers 2009).
Article

Economic and Political Impacts of National Space Legislation in Europe

Legal Mechanisms for Encouraging Space Commerce

Journal International Institute of Space Law, Issue 4 2009
Authors M. Sánchez Aranzamendi and K.-U. Schrogl

M. Sánchez Aranzamendi

K.-U. Schrogl
Article

Access_open Law's 'Uncanniness': A Phenomenology of Legal Decisions

Journal Netherlands Journal of Legal Philosophy, Issue 2 2008
Keywords claim, contract, interest, character, making, binding, E-business, Europese gemeenschap, identiteit, leasing
Authors H. Lindahl

H. Lindahl

L.J. Smith

C. Doldirina

T. Aganaba

Ilias Bantekas
Professor of International Law and Head of Law at Brunel University.

Helen Xanthaki
Dr. Helen Xanthaki, LL.B. (Athens), M.Jur., Ph.D. (Dunelm) is a Senior Lecturer and Academic Director of the Sir William Centre for Legislative Studies, Institute of Advanced Legal Studies, School of Advanced Study, University of London. The author expresses gratitude to Prof. Panos Koutrakos, University of Bristol, and Dr. Valsamis Mitsilegas, Queen Mary College, University of London, for their comments on drafts of this paper. Of course all inaccuracies and errors must be attributed solely to the author.
Article

Space for Tourism? Legal Aspects of Private Spaceflight for Tourist Purposes

Legal Aspects of Space Transportation and Launching

Journal International Institute of Space Law, Issue 1 2006
Authors F.G. von der Dunk

F.G. von der Dunk
Article

Partis politiques nationaux en crise?

Organisation des partis et décentralisation. Une comparaison de l’Espagne et du Royaume Uni

Journal Res Publica, Issue 1 2005
Authors Elodie Fabre, Bart Maddens, Wilfried Swenden e.a.
AbstractAuthor's information

    This article investigates the link between state decentralization and party decentralization. We study the impact of the type (dual, integrative, asymmetrical) and degree of decentralization on two dimensions of the relationship between a party’s central party organs and its regional branches: the autonomy of the regional branches to manage their regional affairs and the degree of participation of the regional branches in the central party. We compare the organization of five state-wide parties in two decentralized multi-national polities, Spain and the UK. Our analysis of their party statutes partly confirms the link between degree and asymmetry of decentralization and party organization. However, the impact of the type of distribution of powers between the state and its regions is much less clear. This article shows the need to investigate the influence of other factors such as regional party competition and electoral rules on the type of central-regional relationships within state-wide parties.


Elodie Fabre
Doctorante au Département de science politique à la Katholieke Universiteit de Leuven.

Bart Maddens
Professeur en science politique à la Katholieke Universiteit de Leuven.

Wilfried Swenden
Professeur en science politique à l’Université de Edimbourg, Ecosse.

Robertas Pogorelis
Collaborateur scientifique au Département de science politique à la Katholieke Universiteit de Leuven.
Article

The Post-Human Era: A Time to Reduce Barriers to Intra-Professional Dialogue and Apply More Effective Policy Response

International Law and Practice of Agreements on Cooperation Regarding Space Activities

Journal International Institute of Space Law, Issue 2 2004
Authors L.M. Covert

L.M. Covert
Article

Introduction, Problem and Winning Briefs

11th Manfred Lachs Space Law Moot Court Competition, 2002: Case Concerning International Liability (Utopia v. Friendlistan)

Journal International Institute of Space Law, Issue 5 2002

John Eekelaar
Pembroke College, Oxford.
Article

The Regulation of Commercial Space Launches: The Differences Between the National Systems

Emerging Issues of Interpretation and Application of Space Treaties

Journal International Institute of Space Law, Issue 1 2001
Authors T.C. Brisibe and M.E. Davis

T.C. Brisibe

M.E. Davis

Juliet Lodge
Centre for European Studies, Department of Law, University of Leeds, UK.

Mark Attew
Faculty of Laws, University College, London WC1H OEG.
Showing 241 - 260 of 267 results
1 2 6 7 8 9 10 11 13
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.