试论刑事政策与国际刑法的关系

刑事政策是对犯罪有组织的反应,国际刑法以研讨国际犯罪为己任,对国际犯罪的研究需要以刑事政策为视角。本文通过分析刑事政策的含义及其国际化特征与国际刑法的发展方向,在刑事政策的视野下,揭示国际刑法的发展趋势——刑事政策的国际刑法化与国际刑法的刑事政策化,进而把握刑事政策与国际刑法两者的契合性。     

Developments in criminal law and criminal justice

Conclusion It follows from what has been said above that history, principle, and authority combine to compel the conclusion that § 80's guarantee of trial by jury precludes a verdict of guilty being returned in a trial upon indictment of an offence against a law of the Commonwealth otherwise than by the agreement or consensus of all the jurors. That being so, § 57 of the Juries Act, 1927, cannot, consistently with § 80, operate to authorize the conviction of either of the appellants by a majority verdict. Their convictions were unconstitutional and must be set aside.The appeal should be allowed. The orders of the South Australian Court of Criminal Appeal should be set aside and in lieu thereof it should be ordered, in the case of each appellant, that the appeal to that court be allowed, that the conviction be quashed and a new trial ordered.B.A., Columbia University 1972; J.D., Hofstra University 1975.     

Developments in criminal law and criminal justice

Developments in criminal law and criminal justice     

Developments in criminal law and criminal justice

LL.B., Victoria University of Wellington 1969; J.S.M., Stanford University 1972.     

Soviet criminal law

LL.B., Harvard Law School 1966; M.A., Harvard University 1966.     

Class bias in the criminal law

Crime, Law and Social Change -     

Solomon Islands: criminal law

In India, women are entering the formal labour workforce in unprecedented numbers, yet as a proportion of the workforce, the percentage of women workers is declining [Twelfth Five Year Plan (2012–17), Planning Commission, Government of India, Volume III – Social Sectors; Table 22.8 at page 133 notes that the labour force participation rate of women workers has declined both in the rural as well as in the urban areas from 2004–05 to 2009–10]. More than ever before, India as a country of contradictions presents a challenge to women in the work force. Deep-rooted ideologies of gender bias and discrimination remain the most pervasive and persistent form of inequality in the world today. The global economic crisis, characterised by increasing de-regularisation, privatisation and outsourcing of jobs down the supply chain is leading to a transformation of employment relationships. These changes resonate in Indian workplaces as well, creating a counter movement towards the invisibilisation of workers, more particularly women, what we call in India the movement of women workers from the formal sector to the informal sector. The rapidly changing work environment also reinforces the increasing importance of job security, social protection, decent work, financial regulation and fair taxation as the key to a more just world order enhancing the participation of women in the workforce. It is in this context that we must view the emerging challenges that working women face. In the light of these developments, there is, more than ever before, a pressing need for the rights of women to be respected, protected and fulfilled, particularly in the workplace. The right to work encompasses the right to work free from sexual harassment. This article examines the key provisions of the Sexual Harassment at The Workplace (Prevention, Prohibition and Redressal) Act, 2013 (2013 Act) and the Sexual Harassment at The Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (The Rules) [The 2013 Act came into force on 9 December 2013, vide notification issued by the Central Government (S.O. 3606(e)). On the same date, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 have also been notified]. The article scrutinises some of the weaknesses and strengths of the said law and it is from this perspective that it approaches the rights of working women, attempting to include within this rubric the widest possible range of women.