新加坡少年司法制度刍议

经过60多年的发展,新加坡已建立起以儿童福利为导向的少年司法制度。在借鉴普通法系国家少年司法立法与实践的基础上,新加坡少年司法逐步形成了具有本土特色的体系与结构,并在未成年人保护与未成年人犯罪矫正上发挥着愈来愈重要的作用。其某些做法可为我国时下的少年司法改革提供一些难得的域外借鉴素材。     

A framework for the comparative analysis of church–state relations in Europe

This article analyses how the policies specified in EU directives are transposed by EU member states. In contrast to existing transposition studies it develops a policy-specific approach to explain how directives are transposed by national actors. In this approach the outcome of transposition depends on the institutional arena in which decision-making takes place and the interests of the domestic actors involved. These institutional arenas can vary from parliament to national ministries and agencies. Domestic actors are taken as policy-specific veto players. Their preferences may lead to two different responses to the requirements of a directive. First, they can transpose a directive literally, keeping deviations to a minimum. Second, domestic actors can adopt a non-literal interpretation of the directive, leading to more substantial deviations within the boundaries allowed by the European Commission. These responses are illustrated by two cases of transposition of EU directives, the tobacco products directive and the animal trade directive. The case analysis shows that the policy-specific approach proposed in this article helps in understanding transposition. It clarifies how the ambitions formulated in Brussels are transformed by national administrations into policies.     

Intellectual Property Counterfeiting and Piracy – Response of Small Commonwealth Jurisdictions∗

This article provides an analysis of some recent developments relating to Constitutional law in Jamaica, including the legal issues arising from tied elections and the dual nationality of parliamentarians. It also discusses a case relating to the failure to incorporate the United Nations Convention on Transnational Organized Crime (the Palermo Convention). In this case, though the Palermo Convention contemplates investigations by agents of one country on the territory of another for certain crimes, one state party found it was unable to carry out such investigations on the territory of another. Although the latter country, a CARICOM member state, was also a party to the Convention, it had not enacted the required implementing legislation     

‘Done to death by father or relatives’: Irish families and infanticide cases, 1922–1950

In February 1929 the Bishop of Ossory commented on the fact that in Ireland illegitimate infants were often ‘done to death by father or relatives’ (Irish Catholic, 16 February 1929). There were many instances where family members of unmarried women who gave birth were the sole defendants or co-defendants in infanticide cases in post-independent Ireland. Although illegitimate infants were ‘done to death’ by their fathers in a number of cases that were tried at the Central Criminal Court in Dublin between 1922 and 1950, this article will focus on cases where infants were murdered or suspected of having been murdered by relatives of the birth mother both in the Twenty-Six Counties and in Northern Ireland (Irish Catholic, 16 February 1929). For the purposes of this article I have referred to the murder of illegitimate infants as ‘infanticide’ even though there was no separate charge of infanticide in the Irish Free State until 1949. The English infanticide acts of 1922 and 1938 also applied to Northern Ireland. This article discusses the motives of the relatives of single mothers who played a part in the deaths of illegitimate infants. Unmarried motherhood was severely frowned upon in Ireland and the relatives of single pregnant women assisted their female kin in destroying the evidence of extra-marital conception in order to protect the family's honour and moral reputation in the wider community. The records of infanticide trials provide a great deal of insight into the ways in which mainly working-class families dealt with the strain of pregnancy outside wedlock in Ireland between 1922 and 1950.