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This consultation paper sets out the Government's proposals for reform of the law on defamation, aiming to achieve balance between protection of freedom of speech and the protection of reputation. The Government wants to ensure that the threat of libel proceedings is not used to frustrate robust scientific and academic debate, or to impede responsible investigative journalism and the valuable work undertaken by nongovernmental organisations. Issues included in the draft Bill are as follows: a new requirement that a statement must have caused substantial harm in order for it to be defamatory; a new statutory defence of responsible publication on matters of public interest; a statutory defence of truth (replacing the current common law defence of justification); a statutory defence of honest opinion (replacing the current common law defence of fair/honest comment); provisions updating and extending the circumstances in which the defences of absolute and qualified privilege are available; introduction of a single publication rule to prevent an action being brought in relation to publication of the same material by the same publisher after a one year limitation period has passed; action to address libel tourism by ensuring a court will not accept jurisdiction unless satisfied that England and Wales is clearly the most appropriate place to bring an action against someone who is not domiciled in the UK or an EU Member State; removal of the presumption in favour of jury trial, so that the judge would have a discretion to order jury trial where it is in the interests of justice.
This book examines a wide range of country experiences, offers examples of good practice, highlights innovative approaches and identifies promising tools (including new information technologies)for engaging citizens in policy making. It proposes a set of ten guiding principles.
Laws and regulations affect the daily lives of businesses and citizens. High-quality laws promote national welfare and growth, while badly designed laws hinder growth, harm the environment and put the health of citizens at risk. This report analyses practices to improve the quality of laws ...
This report analyses the performance of public administration in Ukraine through a set of standard indicators based on the Principles of Public Administration. The Principles set out what good public governance entails in practice and outline the main requirements to be followed by countries during the European Union (EU) integration process. They address the preconditions for a good public administration (good laws, policies, institutional capacity and procedures) and how an administration performs in practice.
This book outlines the procedures used in many Commonwealth countries in key areas of the legislative process, especially on the executive side of government. It also covers the procedures in the legislature and the entry into force of different types of legislation. The jurisdictions discussed include the United Kingdom, Canada, Australia and New Zealand, as well as others in Asia, Africa and the Caribbean. The intention is to assist legislative counsel, politicians and students gain a wider perspective of processes in which drafters, civil servants and politicians participate. In this process, the book also lays bare certain procedures that should now be considered international best practice in the Commonwealth. The book is a follow-up to the authors well-received earlier publication The Legislative Process: A Handbook for Public Officials (2009). However, this book considerably expands on the earlier one in terms of the countries and areas covered, as well as the whole approach to the subject.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The Joint Committee finds that draft Bill must be significantly amended to deliver only necessary data that law enforcement needs, and the Home Secretary should not be given carte blanche to order retention of any type of data. Whilst calling for a narrower focus, the Committee recognises that more needs to be done to provide law enforcement and other agencies access to data they cannot currently obtain and so makes a range of constructive proposals to enable the Home Office to present a better Bill to Parliament. There must also be much better consultation with industry, technical experts, civil liberties groups, public authorities and law enforcement bodies before a new Bill is introduced.
This set of guidelines provides the measures by which governments can implement or advance regulatory reform.