HL 189, HC 1293 - Legislative Scrutiny: (1) Criminal Justice and Courts Bill and (2) Deregulation Bill

HL 189, HC 1293 - Legislative Scrutiny: (1) Criminal Justice and Courts Bill and (2) Deregulation Bill
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
Total Pages: 48
Release: 2014-06-11
Genre: Business & Economics
ISBN: 0108554589

The Joint Committee on Human Rights welcomes the provision in the Criminal Courts and Justice Bill, carried over from the last Session of this Parliament, which extends the current offence of possession of extreme pornography to include possession of pornographic images depicting rape and other non-consensual sexual penetration. The Committee considers this provision to be human rights enhancing, given the evidence of cultural harm done by such pornography, and acknowledges the strong justification provided for this proportionate restriction on individual rights. However, some of the provisions of the Bill cause concern. The Committee is disappointed that the Government has not examined the provisions of the Bill against all the relevant international standards relating to the rights of children. It urges the Government to provide further information in relation to SEN provision in secure colleges; and recommends that the Bill be amended to make explicit that secure college rules can only authorise the use of reasonable force on children as a last resort. The Committee also reports on the Deregulation Bill. It expresses its concern that application of the economic growth duty in that Bill to the Equality and Human Rights Commission (EHRC) risks the possibility of that body's UN accredited 'A' status being downgraded and could put the UK in breach of its obligations under EU equality law. It recommends that this duty not be applied to the EHRC unless that body is satisfied that it can be done in a way that will not restrict its independence.

House of Lords - House of Commons - Joint Committee on the Draft Deregulation Bill: Deregulation Bill - HL 101 - HC 925

House of Lords - House of Commons - Joint Committee on the Draft Deregulation Bill: Deregulation Bill - HL 101 - HC 925
Author: Great Britain: Parliament: Joint Committee on the Draft Deregulation Bill
Publisher: The Stationery Office
Total Pages: 136
Release: 2013-12-19
Genre: Business & Economics
ISBN: 9780108551673

Having looked at the Draft Deregulation Bill in some detail and taken evidence from a wide range of witnesses, the Committee does not think it is appropriate for Ministers to be given power to scrap legislation by order on the subjective test that it is 'no longer of practical use'. There is a risk that to give Ministers that power would undermine effective Parliamentary scrutiny. It was also felt unnecessary when the Law Commissions currently have the power to put forward outdated Bills for abolition anyway. The Law Commissions will need to make changes to their working practices in order to produce more frequent and more responsive Statute Law (Repeals) Bills. The Government should work with the Law Commissions to streamline the process for bringing forward these Bills. As for the duty on regulators to have regard to economic growth, whilst this is supported in principle, it is important that it is not used by Government to undermine the independence of regulators in the way it is implemented. It might be helpful if that provision were explicitly included in the Bill

Evaluation of Legislation

Evaluation of Legislation
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 98
Release: 2001-01-01
Genre: Political Science
ISBN: 9789287147295

The evaluation of the effects of laws is a relatively recent development in Europe. Its growing importance is related to changes in the form of legislation, which is often targeted to achieve certain goals. In these circumstances, the proper application of legal norms alone is no longer sufficient, it is also necessary to verify whether the goals pursued are actually attained. Evaluation of legislation therefore means the assessment of the foreseeable or actual impact of laws to clarify the extent to which the actual impact is consistent with the stated objectives, to identify undesirable effects and to assess the coherency of the means used to attain the objectives. This publication reflects the contribution of the Council of Europe to two bilateral seminars organised with the authorities of Georgia (October 2000) and Ukraine (March 2001). It is organised into two sections: the issues at stake , and European experience.

Legislating for Human Rights

Legislating for Human Rights
Author: Jonathan Cooper
Publisher: Hart Publishing
Total Pages: 305
Release: 2000-10
Genre: Law
ISBN: 1841130982

This volume is a compendium of the United Kingdom's Parliamentary debates on The Human Rights Act of 1998, one of the most far- reaching pieces of legislation of this century. This act for the first time incorporated positive rights into UK law, drastically changing its political and legal landscape. By reproducing segments of the debates, the editors attempt to bring alive the process which impelled the government and parliament to enact it, paying particular attention to its underlying principles and the Pepper v Hart statements on its interpretation. Distributed by ISBS. c. Book News Inc.

Law's Ethical, Global and Theoretical Contexts

Law's Ethical, Global and Theoretical Contexts
Author: Upendra Baxi
Publisher: Cambridge University Press
Total Pages: 425
Release: 2015-10-22
Genre: Law
ISBN: 1107116406

Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.

Administrative Law of the European Union, Its Member States and the United States

Administrative Law of the European Union, Its Member States and the United States
Author: René Seerden
Publisher: Intersentia nv
Total Pages: 378
Release: 2002
Genre: Administrative law
ISBN: 9050952518

This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the 'transboundary' understanding of different regimes related to actions and decisions of the administration. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The main items of the format are: 1 What is administrative law? Definitions, general administrative law versus specific areas of administrative law, general administrative law in the context of constitutional law (trias politica, federal-unitary state aspects), basic principles and the practice/evolution of administrative law etc. 2 Who is administrating? An outline of the administration (organs, agencies, individual persons etc. in specific administrative law areas) in the framework of the territorial and functional organisation of the State. 3 Which instruments are available to the administration? An overview of the available public law instruments and the possibility to use private law instruments. 4 Which (formal) rules/principles (written or unwritten) govern administrative actions? An elaboration on decision-making procedures (public participation etc.) under general administrative law and specific areas of administrative law as well as more substantive rules/principles for administrative actions/decisions: 'due process in administrative matters'. 5 Access to (administrative) courts against administrative actions/decisions. Who can go to which courts (constitutional, administrative or ordinary) and are prior out-of-court proceedings necessary? How intensive or marginal is the test (of discretionary administrative powers) by the courts and what are the possible rulings of the court (based on a remedy- system for the plaintiff or on more general powers for the courts). 6 Recent and future developments and conclusions. The final chapter offers comparative remarks by the editors.

Text, Cases and Materials on Public Law and Human Rights

Text, Cases and Materials on Public Law and Human Rights
Author: Helen Fenwick
Publisher: Routledge
Total Pages: 1143
Release: 2013-03-04
Genre: Law
ISBN: 1135339171

Building on the strengths of the Sourcebook on Public Law, this book has been comprehensively revised to take account of the radical programme of constitutional reform introduced by the Labour Government since 1997.

Impact Assessment in the EU

Impact Assessment in the EU
Author: Andrea Renda
Publisher: CEPS
Total Pages: 175
Release: 2006
Genre: Business & Economics
ISBN: 9290796006

The importance of ex ante and ex post impact assessment in streamlining the regulatory environment and improving the legislative process has been stressed by scholars and testified to by international best practices. The potential benefits of regulatory impact assessment are also being rediscovered by EU officials, who lose no chance to recall that the Commission's ambitious "growth and jobs" strategy heavily depends on the pervasiveness of impact assessment in the regulatory process at EU and member state level. This study, conceived for scholars and policymakers, provides an overview of the state of the art on impact assessment. It focuses on the latest developments in the United States, UK, and EU, and presents a scorecard analysis of the Commission's extended impact assessments. The author concludes with a road map for improving the transparency, efficiency, and effectiveness of the EU Integrated Impact Assessment model.