Law Reform Research Articles

Law Reform Clinical Programmes Should be Promoted in Law Schools: An Explanation

This paper suggests that experiential education involving law reform is particularly suited to the academic stage of legal training. We review the current extent of clinics engaged in law reform, provide examples from our own practice, and then explain why law reform clinics are particularly beneficial. This is for several reasons. These include (i) the range of desirable graduate attributes and skills developed through involvement in law reform; (ii) the understanding that law reform is a career option; and (iii) the benefits to law schools and society generally from better laws, from legal academics using their skills to push for law reform, and from students being introduced to the civic obligation of the legal profession to be involved in seeking to improve the law. We also provide guidance from our own experience as to what can be done to establish a law reform clinic, whether as a dedicated course or as a way of running an existing course, and set out the steps that should produce good suggestions for reform.

Criminal Law Reform in Indonesia: Implementation of Law’s General Principles into Living Law

Criminal Law Reform in Indonesia: Implementation of Law’s General Principles into Living Law

Understanding and preventing testimonial injustice in criminal proceedings

Reflecting on Federico Picinali’s arguments in «Evidential Reasoning, Testimonial Injustice and the Fairness of the Criminal Trial», this paper aims to further understanding of the scope and implications of epistemic injustice in criminal trials, and the problem of biased evidential reasoning more generally. It demonstrates how legal rules can result in dismissal or oversight of the defendant’s stock of knowledge; offers support for Picinali’s contention that testimonial injustice to defendants interferes with the right to a fair trial, while questioning whether the same can be said of testimonial injustice to complainants; and considers who can cause, and be a victim of, testimonial injustice. The paper goes on to evaluate Picinali’s proposed measures to prevent testimonial injustice in evidential reasoning, while advocating for law reform to restrict the admissibility of rap music as evidence in criminal trials.

Rethinking Consumer Empowerment: New Directions for Sustainable Food Law in an Era of EU Discontent

AbstractEU food law is built on two paradigms – food safety and consumer choice. Consumers should have access to any food they like, provided that it is safe for consumption and that consumers are made aware of the products’ characteristics through adequate information. Growing emphasis on sustainability has not challenged these foundations. On the contrary, the law is intended as a tool to further empower consumers to make a healthy and environmentally responsible choice. However, it will be argued that this information centric approach is no longer a tenable position. The regulatory solutions characteristic of the consumer empowerment logic are of limited effectiveness and do not challenge the biggest obstacles to the sustainable transition of food systems – the commodification of food and the lack of regulation of the food environment. This contribution sketches out some far-reaching yet realistic food law reforms to genuinely address sustainability issues. Mindful of the special status of food and the growing discontent towards the EU and the green transition, this contribution also argues for some changes in the making and design of EU food law, leading towards greater involvement of citizens and local communities, and, ultimately, for truer empowerment of individuals.

“Land Without Identifiable Ownership” in the Post-East Japan Earthquake Recovery: Lawful Land-Grabbing in Neoliberal Japan

AbstractThis paper, with a focus on the status of tsunami disaster victims affected by the 2011 East Japan Earthquake, investigates into the status of private property rights in facing with the reviving legal instrumentalism in Japan, under the campaign of land law reform for the elimination of “land without identifiable owners” in the name of facilitating the disaster recovery, by means of the “special zone” method or the designation of lawless areas where the normal time law is excluded, with the particularly targeted area for such exclusion being the constitutional requirements of due process and fair compensation in public taking. Under the extraordinary setting of absolute majority of conservative party at the National Diet in the aftermath of the 2011 great disaster, legislations in Japan during this decade have been characterized by a manifestation of neo-liberal policy, driving the entire Japanese legal system into a corner. Facts observed in present Japanese society are not different from those observed in other authoritarian regimes in Asia, including the phenomenon of “land grabbing” by the governmental projects, which Asia once experienced a century ago for the colonial land enclosure by “wasteland management.”

Seventy-five years of global health lawmaking under the World Health Organization: evolving foundations of global health law through global health governance

The World Health Organization (WHO) has been shaped by global health law throughout its history. Drawing from the post-war establishment of global governance under the United Nations (UN), the modern foundations of global health law were laid by the WHO Constitution, which provided WHO with a range of normative authorities to realize its mandate as the UN’s directing and coordinating authority in global health. Yet WHO has faced political challenges in exercising these normative authorities to advance global health law, revealing the limitations of law as a foundation of global health governance. This article chronicles the 75-year evolution of global health law through WHO governance – beginning in the expansive authorities under the WHO Constitution, examining the political obstacles that long hobbled legal advancements, recognizing the revitalized space for law and policy in the twenty-first century, and analyzing the new limitations exposed by the COVID-19 pandemic response. Global health law reforms will be essential to strengthen global health governance. By analyzing how past challenges to global health law offer lessons for ongoing legal developments, this timely historical analysis offers lessons for WHO reforms to facilitate global solidarity.

Legal Transformation: Realizing Nomocracy and Transparency in the Field of Land Distribution in Indonesia

In Indonesia, the issue of land distribution is an important issue related to social justice and the legal system. The large number of agrarian conflicts and inequality of access to land shows the need for legal transformation to achieve the ideals of the rule of law (nomocracy) and transparency in land distribution. The purpose of this study is to analyze the legal transformation needed to realize the ideal of the rule of law (nomocracy) and transparency in the field of land distribution, focusing on efforts to ensure fairness in the land distribution system in Indonesia. This research uses Empirical methods. The research data was collected from literature published in reputable scientific journals. Literature is collected through searches in electronic literature databases, such as Google Schoolar and Scopus. The data that has been collected is then analyzed in three stages, namely data reduction, data presentation and conclusions. The results show that the transformation of law in Indonesia towards nomocracy and transparency in land distribution aims to strengthen legal foundations, ensure justice, and reduce inequality of land access. The principle of nomocracy places law as the primary guide in decision-making, while transparency reduces the potential for corruption and land-related conflicts. Land law reform and land redistribution policies are crucial steps in achieving this goal. More open access to public information in the area of land distribution allows for greater public participation in decision-making processes. By strengthening transparency and the application of nomocracy principles, Indonesia can strengthen the foundation of its rule of law and ensure sustainability in land resource management.

Poligami dalam Negara-Negara Islam

Polygamy is a problem faced by contemporary society that is considered discrimination against women. Since the beginning of the 20th century, there has been a phenomenon of family law reform in several countries where the majority of the population is Muslim. These countries have reformed Islamic law in family law, triggered by various factors, including political, socio-cultural, economic, and others. This renewal of Islamic law is a new interpretation, where some countries collaborate between Western legal rules and Islamic law. This research aims to study polygamy regulations in nine countries, namely Indonesia, Malaysia, Pakistan, Egypt, Morocco, Jordan, Syria, Turkey, and Tunisia. The method used in this research is a comparative approach to examine the rules of polygamy in the nine countries that are comparing regulations to see the differences and similarities in the rules of polygamy in each country so it can be described according to the group. The results of the discussion show that polygamy in Ulama's view is permissible, and polygamy in 9 Islamic countries can grouped into two, namely, countries that allow polygamy and countries that prohibit polygamy.

Implementation and Elimination of Actions Criminal Illegal Fishing Towards the Development of Sustainable Fisheries

Objective. To analyze legal political reforms in the Fisheries Law to enforce the law and eradicate the criminal act of IUU Fishing in the development of sustainable fisheries in Indonesia. Design/Methodology/Approach. Using empirical (non-doctrinal) research methods with statutory, conceptual, and comparative approaches. Results/Discussion. Factors that cause ineffective law enforcement against illegal fishing include weaknesses in legal substance, institutional structure, and legal culture, especially related to the formulation of criminal sanctions. The concept of political reform of fisheries law must include revision of laws, adoption of international law, as well as changes in the law enforcement model through an integrated criminal justice system approach, with the top coordinator of the Ministry of Maritime Affairs and Fisheries. Conclusions. Legislative reform, adoption of a multi-legal regime approach, extraterritorial jurisdictional authority, and active community participation are needed to increase the effectiveness of law enforcement and support sustainable development in the fisheries sector. Originality/Value. Highlights aspects of implementing and eradicating illegal fishing, with an emphasis on increasing law enforcement for sustainable fisheries development.

The Connection‐Friction Axis in Devolved Health Policy and Law‐Making in the UK: A Case Study of Organ Donation

This article explores the dynamics of devolved health policy and law‐making in the UK, drawing on a case study of opt‐out organ donation reform. Given that health is a significant area of devolved competence, such case studies offer the opportunity to examine both similarities and differences in approach between the four nations in the context of the UK's evolving constitutional settlement. We argue that there is a need to move away from the characterisation of the devolved health policy‐making process as being grounded in a convergence‐divergence approach, towards one that recognises the connection‐friction axis around which this process takes place. To explore this, we present findings from empirical research on opt‐out organ donation law reform. This, we suggest, demonstrates that whilst connectedness between government stakeholders, experts and advocacy groups was clearly vital in structuring the policy process, account should also be taken of how law operates not only as a medium for the playing out of political and ideological friction, but also for the achievement of connection to overcome this.

Evaluating Firearm Violence After New Jersey’s Cash Bail Reform

Reducing the pretrial detention population has been a cornerstone of movements to end mass incarceration. Across many US cities, there are ongoing public debates on policies that would end pretrial detention due to the inability to afford bail, with some raising concerns that doing so would increase community violence. To evaluate changes in firearm violence after New Jersey's 2017 bail reform policy that eliminated financial barriers to avoiding pretrial detention. This case-control study used synthetic control methods to examine changes in firearm mortality and combined fatal and nonfatal shootings in New Jersey (2014-2019). New Jersey was chosen because it was one of the first states to systematically implement cash bail reform. Outcomes in New Jersey were compared with a weighted combination of 36 states that did not implement any kind of reform to pretrial detention during the study period. Data were analyzed from April 2023 to March 2024. Implementation of New Jersey's cash bail reform law in 2017. Quarterly rates of fatal and nonfatal firearm assault injuries and firearm self-harm injuries per 100 000 people. Although New Jersey's pretrial detention population dramatically decreased under bail reform, the study did not find evidence of increases in overall firearm mortality (average treatment effect on the treated, -0.26 deaths per 100 000) or gun violence (average treatment effect on the treated, -0.24 deaths per 100 000), or within racialized groups during the postpolicy period. Incarceration and gun violence are major public health problems impacting racially and economically marginalized groups. Cash bail reform may be an important tool for reducing pretrial detention and advancing health equity without exacerbating community violence.

Challenges in Manpower Management: Discuss the Challenges Faced by the Automotive Industry in Managing Manpower Due to Rigid Labor Laws and Complex Legal Systems, Especially Concerning Temporary Increases in Workforce to Meet Demand Fluctuations

The automotive industry is at the forefront of technological innovation and economic growth. However, it faces significant challenges in manpower management, particularly due to rigid labor laws and complex legal systems. These challenges are exacerbated when addressing temporary workforce increases to meet demand fluctuations. This paper aims to discuss the multifaceted issues that arise in the context of labor flexibility, talent acquisition, and retention strategies within the automotive sector. Firstly, the industry contends with the difficulty of attracting and retaining talent in a competitive landscape where technology companies and startups often offer more appealing opportunities. The rapid pace of technological advancements demands a workforce that is adaptable and skilled in new and evolving competencies. However, traditional labor laws often do not accommodate the flexible arrangements required to attract such talent. Secondly, the high turnover rate within the automotive industry further complicates manpower management. The need to cultivate leaders from within is hindered by generational differences and a redundant skill set that is increasingly becoming automated. This situation is compounded by the industry’s struggle to maintain employee health and safety, which is paramount given the physical nature of manufacturing jobs. Lastly, the legal complexities associated with temporary staffing to manage demand peaks present a significant hurdle. The industry must navigate a labyrinth of employment regulations that vary by region and often restrict the ability to swiftly adjust workforce levels in response to market needs. The automotive industry must develop robust strategies to overcome these challenges. This includes fostering organizational resilience, reimagining talent management, and advocating for labor law reforms that reflect the dynamic nature of the industry and its workforce requirements. The ability to adapt to these challenges will be a determining factor in the industry’s capacity to sustain innovation and growth in the coming years.

Permission for concentration of business entities as a component of the state competition policy

The article examines aspects of current Ukrainian legislation, including regulations of the Antimonopoly Committee of Ukraine on concentration of business entities. The author analyses and compares them, and as a result reveals the legal mechanisms of state control over concentration processes of business entities, which consist in granting permission or prohibition of concentration by the controlling authority. The cases in which concentration is subject to a thorough examination by the supervisory authority and can be carried out only with its consent, as well as cases in which such consent is not required, are considered. The article describes the procedure for business entities to apply to the Antimonopoly Committee of Ukraine with an application for a merger clearance, and also highlights the requirements that must be met by the applicant in such an application for its consideration by the supervisory authority. The article outlines the process of consideration of cases by the Antimonopoly Committee of Ukraine on granting permits to business entities for economic concentration. The rights and obligations of applicants, third parties, interested parties and the supervisory authority during the consideration of cases are described. The list of decisions made by the committee based on the results of consideration of applications, as well as the grounds for their adoption, is considered. The author clarifies the main principles of appealing against such decisions in court or by appealing to the Cabinet of Ministers of Ukraine. The author examines the criteria and types of liability for conducting concentration without obtaining a permit, as well as for providing false information to the controlling authority in the process of obtaining a permit for concentration actions. The article examines the positive and negative factors of the State’s competition policy and legal support for control over concentration processes. The author identifies specific aspects that may have a positive impact on the effective reform of Ukrainian competition law and, as a result, ensure that Ukraine pursues an effective competition policy in the field of control over economic concentrations, which will lead to the prosperity of competition as a driving force for economic and social progress.

Social Reintegration after the Implementation of Restorative Justice in the Indonesian Criminal Code

The current criminal code has been in force in Indonesia since 1918. Indonesia formulated criminal law reform in 1963 and in 2023, a law on the national criminal code was issued. The spirit of the Indonesian criminal code is reformative, progressive, and responsive to changes to the law. One of the strengths of criminal law is regulating criminal law from the perspective and achievement of justice to repair and restore the situation after the event and judicial process known as restorative justice. The desire to strengthen restorative justice programs takes a long time and is complicated. This research aims to analyze the development of the concept of social reintegration through the application of restorative justice in the criminal justice process. This research was conducted qualitatively using secondary data and doctrinal legal study methods. The results showed that changes in criminal law arrangements caused opinion differences since restorative programs are widely used as a substitute for traditional and retributive approaches. The application of restorative justice in national criminal law must be implemented. Social reintegration in the implementation of restorative justice as regulated in the Criminal Code can be successful through commitment and collaboration between the community, government and law enforcement officials

Judges, Out-Of-Court Rewards, and In-Court Behavior: Evidence From an Italian Legal Reform

We empirically assess how out-of-court monetary rewards influence related in-court judicial behavior. In Italy, before a legal reform, Council of State judges were chosen by big law firms to serve as arbitrators in out-of-court arbitrations involving big law firm clients. Drawing on case-level data on Council decisions and using a difference-in-differences approach, we establish three central findings. First, before the legal reform, and consistent with the argument that judges strove to compensate big law firms for afforded out-of-court earning opportunities, big law firms were more likely to win Council cases when those cases were presided over by judges with prior arbitration experience. Second, as a result of a 2010 announcement of an anticorruption law reform that banned judicial participation in arbitrations, big law firms’ winning prospects in Council cases presided by judges with prior arbitration experience decreased by 33.4 percentage points. Third, following the law’s enactment, the success rate of big law firms in these cases converged to the success rate of big law firms in analogous court cases presided by judges without prior arbitration experience. Our analysis provides evidence of the importance of extrinsic motives for judicial behavior.

Slovakia's departure from strong labor protection of employees as a consequence of the pandemic and the transposition of european directives

This scientific paper delves into the notable shift in Slovak labor law, which has departed from its historically strong emphasis on safeguarding the rights of employees, traditionally seen as the weaker party in labor relations. Until recently, this emphasis served as a substantial barrier against the globalizing and standardizing influences of employers. The paper identifies two key factors driving recent legislative "reforms" in Slovakia's labor regulation. These changes are rooted in the transposition of European labor law directives while also embracing a more liberal political perspective regarding the nature of labor relations. This shift involves moving away from rigid employee protection and adopting the concept of "increased flexibility" in employee work as a remedy for addressing the post-Covid-19 economic challenges. The previous emphasis on employee or employee representative involvement in defining working conditions, wages, and important employer decisions regarding work organization has shifted. This shift allows employers to act unilaterally, contingent on fulfilling new information obligations towards employees. However, the recent labor law reforms run counter to this historical legal tradition. Taking into account the wage levels in the Slovak Republic compared to the majority of other European Union member states, these reforms establish an unsettling level of labor law protection pro futuro of Slovak employees.

The Proprietary Consequences of Customary Marriages: Challenges in the New Regime(s)?

The law governing marriage in South Africa is in transition. There are currently two proposals to reform the proprietary consequences of marriages in South Africa, namely a Marriage Bill [B43-2023], and a South African Law Reform Commission Discussion Paper to review aspects of matrimonial property law. This article assesses the effectiveness of the proposed reform in addressing the current regulatory challenges related to the proprietary consequences of customary marriages. It argues that the piecemeal jurisprudential development of the law has not been effectively reconciled, and this must be addressed in any future reform. However, the Marriage Bill proposed by the Department of Home Affairs is not an answer. The Bill ignores customary notions of property and creates several conceptual difficulties such as potentially leaving customary law marriages without a matrimonial proprietary regime. The South African Law Reform's Discussion Paper, which reviews aspects of matrimonial property law, holds great promise because it proposes a change in the default matrimonial proprietary system and the exclusion of family property from the marital estate. The proposals must be reconciled and informed by living customary law practices to deliver the much-anticipated law reform.

Locating a queer regional imaginary through media framing of male same-sex criminalisation in Newcastle, Australia, post WWII to 1989

Media framing of the political, professional, and personal dynamics of criminal law in regional areas can illuminate the reach of arbitrary moral arguments used to criminalise marginalised populations. Drawing on analysis of media articles from post-Second World War up to 1989, this case study contextualises criminalisation processes of male same-sex offences in the regional New South Wales city of Newcastle. The cases and issues documented provide insight into the legal and social symbiosis between the regions and the metropole, and the role of place in defining regional identity. At the same time, they show a diversity of male same-sex sexual and gender expression often considered incongruous in an industrial centre that has signified the ‘raw masculinity’ of the Australian male. The case study emphasises the risks of cross-sectional analyses that can sever processes of criminalisation from stigma that persists beyond decriminalisation, and the integral role of social movements in achieving law reform.

Expert ignorance: the law and politics of rule of law reform

Expert ignorance: the law and politics of rule of law reform

“The Law is too Grey”: Liminal Legality and Moral Injury in Encounters with Drug Law Enforcement

Overdose mortality and the legitimacy crisis facing policing have propelled momentum for drug law reform. Yet, resulting reforms and associated protections are often functionally undermined by enforcement practices and the legal environment faced by people who use drugs. To explore this tension, we conducted a community-based study in Ontario, Canada. Our findings show that people's experiences of policing at overdose events reflect a legal regime characterized by their ambiguous legal status and uncertain protections. We argue that the resulting state of liminal legality is enacted in large part through police discretion and the uneven distribution of enforcement practices across spaces and populations; individuals compensate for this legal environment by mobilizing their knowledge of legal risks. Together, these expressions of law and drug enforcement generate substantial moral injury among people who use drugs.