In considering how society generally is regulated, most times focus is always on Acts of parliament that are passed by the legislative arm of government. However, delegated legislation is another aspect of law making that is of immense importance for the regulation of any given society. This form of lawmaking being a deviation from the norm has some challenges in terms of control. This article seeks to examine some of these challenges emphasising that adequate parliamentary scrutiny will prevent the harbouring of bad-quality legislation. |
Article |
Sir William Dale Annual Memorial LectureIs Legislation Literature? |
Journal | European Journal of Law Reform, Issue 3 2015 |
Authors | Sir Geoffrey Bowman |
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Article |
Delegated Legislation in Nigeria: The Challenges of Control |
Journal | European Journal of Law Reform, Issue 3 2015 |
Keywords | delegated legislation, parliament, control, quality, parliamentary scrutiny |
Authors | Jemina Benson LL.M |
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Statutory interpretation is quickly becoming the primary function of our courts. Ambiguity, unexpected scenarios, and drafting errors in legislation compound this challenging task, obliging many judges to turn to debate transcripts and other legislative materials in search of our elected representatives’ intent. |
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Legal Motherhood and Parental ResponsibilityA Comparative Study on the Tensions between Scientific Knowledge, Social Reality and Personal Identity |
Journal | European Journal of Law Reform, Issue 2 2015 |
Keywords | motherhood, child’s right to identity, baby-box, secret birth, confidential birth |
Authors | Prof. dr. Christine Budzikiewicz and Dr. Machteld Vonk |
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For the past 15 to 20 years there has been intense discussion in many European countries how mothers in a crisis situation can be prevented from abandoning or even killing their new born babies. Baby-boxes have been installed in a number of countries and/or possibilities for anonymous birth have been discussed or introduced. The Committee on the Rights of the Child expressed concern over these developments and stated that both developments infringe on the child’s right to know its origins. Both Germany and the Netherlands have taken steps to protect new mothers and their babies in crisis situations by introducing a form of secrecy surrounding the mother’s identity. In Germany this has taken the form of a recently introduced law that keeps the birth and the identity of the mother confidential, in the Netherlands this has taken the form of a protocol drawn up by professionals which aims to keep the birth and the mother’s identity secret. This article will compare and critically discuss these developments in Germany and the Netherlands. |
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Goodwill/Intangibles Accounting Rules, Earnings Management, and Competition |
Journal | European Journal of Law Reform, Issue 1 2015 |
Keywords | fraud, mergers and acquisitions, Games economic psychology, regulation, goodwill and intangibles |
Authors | Michael I.C. Nwogugu |
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Intangible assets account for 60%-75% of the market capitalization value in most developed stock markets around the world. The US GAAP and IFRS Goodwill and Intangibles accounting regulations (ASC 805, Business Combinations; ASC 350, Goodwill and Intangible Assets; IFRS-3R, Business Combinations; and IAS 38, Accounting for Intangible Assets) are inefficient and create potentially harmful psychological biases. These regulations facilitate earnings management and money laundering, reduce competition within industries, and are likely to increase the incidence of fraud and misconduct. This article introduces a new goodwill/intangibles disclosure/accounting model that can reduce the incidence of fraud, information asymmetry, moral hazard, adverse selection, and inaccuracy. The article also introduces new economic psychological theories that can explain fraud, misconduct, and non-compliance arising from the implementation of the goodwill/intangibles accounting rules. |
Article |
Un-Constitutionality of the Dodd-Frank Act |
Journal | European Journal of Law Reform, Issue 1 2015 |
Keywords | Dodd-Frank Act, enforcement games, systemic risk, financial services regulation, constitutional law |
Authors | Michael I.C. Nwogugu |
AbstractAuthor's information |
‘Restoring American Financial Stability Act’ of 2010 (‘RAFSA’ or the ‘Dodd-Frank Act’) was the first set of statutes in any country that attempted to simultaneously address the Global Financial Crisis, the national securities law framework, the structure of the executive branch of the federal government, and delegation of powers to federal government agencies (to the detriment of state governments). Other countries have enacted statutes that are similar to RAFSA. However, RAFSA and similar statutes in many countries are inefficient and have failed to address the fundamental problems in financial systems, and parts of RAFSA are unconstitutional. |