Electronic evidence: A proposal to reform the presumption of reliability and hearsay

There is a general concern amongst judges, lawyers and legal scholars that evidence in digital format is not to be trusted, given that it can be altered and manipulated with ease. Some jurists have called for a UN Convention on matters relating to the authentication and admissibility of electronic evidence. It is debatable whether such a Convention is necessary, but guidance of an international nature might be welcome, providing that any such guidance remains guidance, and does not ossify into legal requirements that fail to take into account the dynamic and constantly developing changes in information technology. In any event, the accuracy of the presumption in England & Wales that a computer is in order at the material time is highly debatable, and it is suggested that this presumption ought to be reformed.     

Can justice be achieved for slave descendents in Mauritius?

This article discusses challenges to achieving justice for slave descendents in Mauritius 177 years after the abolition of slavery. It reflects on the 2009 institution of a Truth and Justice Commission (TJC) in Mauritius to investigate the legacies of slavery and indentured labour. It is argued that time, the ethnic and cultural complexity of Mauritius as well as the TJC itself makes it difficult for Mauritians to achieve restorative justice for slave descendents. Reviewing transitional and restorative justice, the article argues that the Mauritius case study is potentially useful to reflections on the issue of social justice for ancient atrocities and for reflections on the challenges of reparations in complex and democratic societies. It concludes that the greater participation of civil society is required in decisions regarding reparations and that such decisions need to be grounded in contemporary and democratic approaches to achieving justice and the protection of human rights.     

面向司法审查的行政行为说明理由——郴州饭垄堆矿业有限公司与国土资源部等国土资源行政复议决定再审案评析

郴州饭垄堆矿业有限公司与国土资源部等国土资源行政复议决定再审案争点之一是行政行为说明理由。在司法审查中,对于涉及专业性判断理由的审查,法院应当保持对行政必要的尊重。将“程序过程审查”作为一种司法审查的方式导入本案,使得法院审查更具有针对性,审查方法也呈多元化。对于行政行为不说明理由的,可以认定为适用法律、法规错误。     

Institutional journalism in a revolutionary crisis: the press as an aide to the Muslim Brotherhood 2011–2012

This article is based on the hypothesis that the Egyptian institutional media played an active role in the Egyptian ‘Arab Spring’ revolution in 2011 and analyzes how Egypt's official newspapers constructed and presented a moderate and positive image of the Muslim Brotherhood (hereinafter the Brotherhood) despite the fact that they had labeled the Brotherhood ‘the outlawed movement’ a year earlier. In order to examine whether their attitudes changed after the downfall of the Mubarak regime, a critical discourse analysis of newspaper texts has been made of the news columns written throughout 2011 of two of the most popular Egyptian newspapers – al-Ahram (n = 115) and al-Gumhuriyya (n = 94) both of which identify with the Egyptian government's official policy. In addition, an analysis made of three of the Brotherhood's publications (n = 72) (N = 281) revealed that the Brotherhood exploited the printed media not only to replace the regime but also to gain control of its narrative. Ultimately, by controlling the shaping of public opinion, the media contributed to the drawing of a parallel between the motivation that formed the basis of the mass protest and the Brotherhood's agenda.     

Equality of resources and the demands of authenticity

One of the most distinctive features of Ronald Dworkin’s egalitarian theory is its commitment to holding individuals responsible for the costs to others of their ambitions. This commitment has received much criticism. Drawing on Dworkin’s latest statement of his position in Justice for Hedgehogs (2011), we suggest that it seems to be in tension with another crucial element of Dworkin’s own theory, namely, its endorsement of the importance of people leading authentic lives – lives that reflect their own values. We examine this tension between responsibility and authenticity, and some strategies Dworkin does and could deploy to defuse it, which we think are unsuccessful. We then propose a solution for reconciling the demands of responsibility and authenticity, which is, so we claim, friendly to Dworkin’s fundamental commitments but which leads to a revisionist interpretation of the demands of equality of resources.     

European Law Beyond ‘Ever Closer Union’ Repositioning the Concept,its Thrust and the ECJ's Comparative Methodology

The article investigates competing understandings of European law. It supports, against the prevailing EU‐centred understanding, an ecumenical concept that embraces EU law, supplementing international instruments, the European Convention on Human Rights and, importantly, various domestic laws enacting or responding to such transnational law, as well as European comparative law. To keep the concept in sync with European politics, it posits a new idea that binds the parts together: to provide for a European legal space rather than further European integration (the ever closer union). This idea can also serve as European law's functional equivalent to forming one legal order. European law thus conceived grasps the puzzling complex of interdependent legal orders, sets a common frame for corresponding reconstructions (European composite constructions, legal pluralism, network theories, federalism or intergovernmentalism) and allows forces with diverging outlooks to meet in one legal field, on one more neutral disciplinary platform. Within this framework, European comparative law finds a new mission as well as a sound legal basis.     

我国刑事见证制度的价值及完善

刑事见证制度是保证国家公诉的透明度和公信力之关键,具有独立的程序价值。我国刑事诉讼法律规范在见证制度方面存在诸多不足之处,这对司法机关依法规范侦查行为、统一证据标准造成混乱,也对我国的人权保障形成制度障碍。对此,我国刑事诉讼法应当从见证人的选取、见证人的权利和义务、见证制度的违反后果等方面统一见证制度的程序和实体标准,为证据的可信度提供制度保障。     

浅谈“轻轻重重”与“宽严相济”

随着西方国家“轻轻重重”两极化刑事政策的确立及我国宽严相济刑事政策的提出,学界对两者相通性的探讨逐渐增多,但对两者区别的研究甚少。在对两者历史沿革、具体内容、价值取向进行比较分析的基础上,可以得出我国刑事政策的理性选择。     

Modern Families,Modern Family Justice: Supporting Family Relationships in Fast‐Changing Socio‐Political‐Economic Climates (Summary of the Report of the Consultation at St George's House,Windsor, February 12–13, 2018)

This summary relates to the consultation held at St George's House, in Windsor, England, on February 2018. The attendees came from across Europe and from the United States, and they discussed a range of initiatives designed to address the challenges in modern family justice and the changes in the social, political, and economic environments that are impacting family life across the globe. Although the challenges are very similar, the approach to resolving them varies from jurisdiction to jurisdiction. The attendees concluded that there is much we can learn from each other, and that greater cooperation between family justice professionals across geographic boundaries would be highly beneficial.     

Guiding Principles for Family Justice Programs

The Association of Family and Conciliation Courts and Relate, UK, co‐convened a 24‐hour consultation at St George's House, Windsor, UK, on modern family justice issues across Europe. This article identifies a preliminary set of guiding principles for family justice programs developed by consultation participants.