Suchergebnisse

The rules concerning the relation of international law to internal law in Austria have undergone less change than those of many other European countries since the end of World War I. The relevant provisions of the Austrian Federal Constitution of October 1, 1920, were not affected by the subsequent constitutional reforms. These rules had been the subject of much theoretical discussion before a sizable body of constitutional usage and relevant jurisprudence had developed. The present article aims at examining and supplementing these theories in the light of current practice.

Two salient trends emerge from the decisions issued by the Singapore courts in 2019. First, cases with international elements are featured increasingly, with the Court of Appeal adjudicating its first case on financial relief consequential on foreign divorces and the High Court releasing a decision on sham marriages to obtain an immigration advantage. It is evident that the law is evolving to cater to the needs of a changing community in Singapore. There is a recognition of the increase in the number of Singapore citizens working abroad and marrying non-Singaporeans, which has prompted certain legislative changes that seek to provide appropriate remedies and effectively deal with new situations that arise. Secondly, there have also been decisions by the Family Justice Courts on the division of matrimonial assets and in particular, the applicability of the structured approach set out in ANJ v ANK ("ANJ") to long marriages. In connection with this, there have been judicial and academic pushes towards equal division in long marriages. This edition of the review will also cover cases involving child issues, maintenance, and procedure.

This article reviews recent legislation and judicial decisions in Virginia affecting owners, contractors, and design professionals in the construction context. The discussion includes amendments to the Code of Virginia promulgated by the General Assembly in the 1992 and 1993 legislative sessions, as well as important cases dealing with construction law issues decided by Virginia's state and federal courts in 1992 and the first half of 1993.

Since the rise of the behavioralist revolution in the 1950s and 1960s the political science discipline has struggled to find agreement on a uniform vision of the study of politics, particularly as it relates to the employment of methods. This article addresses behavioralism's influence on the decline of public law analysis in the field of presidential studies. Specifically, it focuses on the work of presidential scholarsEdwardCorwin andRichardNeustadt in highlighting the changes to the study of the presidency. Attention is also paid to the decline of normative types of public law analysis. The article concludes with a call for greater acceptance, and practice, of public law analysis.

In this essay I situate Philippe Nonet's reading of the Antigone within his larger Heideggerian Destruktion of the tradition of Western legal philosophy. I argue that the sweeping terms of Nonet's condemnation of that tradition as a mode of nihilism place significant strains upon his reading of the tragedy, and, more importantly, leave little reason to hope that an appreciation of the law Nonet sees embodied in the Gestalt of Antigone's person will help us understand or address, even indirectly, the problems with which Recht and Gesetz are concerned.

Remarkably, the interaction between common law and statute has not attracted the scholarly attention it deserves, given that it is such a basic component of legal reasoning in common law systems. This is especially true in the law of employment, where the interaction between common law and statute is a pervasive feature of modern employment law. In recent years, scholars have started to rise to the challenge of developing principles to regulate this interaction, and this article provides a contribution to those debates. It builds upon Lord Hoffmann's controversial judgment in Johnson v Unisys to identify three modes of interaction: statute as pre-emptive of common law development; statute as an analogical stimulus of common law development; and common law fundamental rights. By connecting this analysis to background principles of legislative supremacy and fundamental rights, it argues that Johnson v Unisys provides an attractive constitutional vision of the relationship between Parliament and the courts.