Obsolete Legislation Research Articles

The Role and Practices of the Criminal Investigation in the Context of the Criminal Justice System of Pakistan

The objective of this research is to investigate the intricate aspects of Pakistan's criminal justice system. The investigation will primarily concentrate on the specific techniques and methodologies used throughout the inquiry. This study examined some deficiencies in the current investigative approach. The researchers conduct an examination of academic literature, case studies and legal frameworks to accomplish this objective. To address the identified issues, it conducts an analysis of the strengths and the researchers’ accesses and then proposes modifications. This study explored the significance of comprehensive investigations in order to guarantee justice, fairness and responsibility which are crucial subject. In parallel to our examination of the impact of significant issues on the effectiveness of procedures such as inadequate training, corruption, procedural errors and insufficient resources, the researchers also analyze the consequences of these challenges on the outcomes of investigations and legal proceedings. More precisely, the researchers examine how these attributes impact the efficiency of the procedures. The research emphasizes the need for rigorous training programs, modernizing obsolete legislation, and strengthening collaboration between prosecutors and law enforcement in order to address these difficulties. Ultimately, it demonstrates the essentiality of comprehensive inquiries in maintaining the supremacy of legal principles and restoring public confidence in the criminal justice system.

Retrospective and prospective of the Algerian healthcare supply: Some obstacles that have become chronic discomforts

The current paper attempts to analyze the causes, which divert the care structures from their fundamental mission, and to evoke the consequences of this situation on the main actors who make up the Algerian health system, to try to prescribe the solutions likely to improve the quality of health care in this country. Although free healthcare has been decreed since 1973 to overcome the financial obstacles, and despite the efforts of successive governments to dismantle the geographical obstacles, unfortunately, the organizational obstacles have not found effective and lasting solutions until now; the majority of experts have pointed out this type of obstacle since the outbreak of the COVID-19 pandemic. This article highlights the growth of national and international scientific research; on the conditions that can improve the quality of health care provision. Nevertheless, current work barely addresses organizational shortcomings, particularly in the unique context of a health system that provides free health care. Through an analysis of the Algerian context, this article proposes avenues of research for the organizational obstacles that can hinder the performance of the health care system, which can constitute future empirical studies. The results of the study indicate that there is a great disparity between the regions ranging from the North to the South of the country in terms of health coverage (hospital beds, specialized care, medical personnel, etc.); a flagrant lack of operational medical equipment, and a shortage of medicines for hospital use; despite the good results recorded over the past three decades, expenditure continues to increase steadily; the private sector does not play its role as a complement to the public sector, it improvises as best it can to provide less risky lucrative care; and the application of obsolete legislation that governs a sick hospital.

Greece on a sustainable future: reviewing constraints and practices regarding forest and water resources management, flora and fauna biodiversity

The forest policy in Greece and the current regulatory framework is not efficient in supporting the implementation of sustainability at a satisfactory level. The main scope of this study is to review and present constrains and practices across the sectors of forest and water resources management, flora and fauna biodiversity. The hypothesis is that common practices in the forest field combined with inefficient and obsolete legislation are responsible for delays in the implementation of a national forest policy, which will promote sustainability. A systematic reviewing methodology was applied so to ensure a rigorous and repeatable method of sustainability constraints identification and evaluation. The identification of the constraints can promote the improvement of legislation, the revision of common practices concerning the forest sector and finally can help the forest managers to better understand how to work effectively within legal, regulatory and operational environments deriving from forest policy.

Pracovní právo ve světle kodifikace se zřetelem k jeho zásadám

Act No. 65/1965 Coll., The Labor Code, was an important milestone in the development of labor law legislation, as it is the first comprehensive codification of labor law. The Code combined effectively labor legislation in the whole Czechoslovakia and replaced the previous fragmented and obsolete legislation. The final form of the Code and as well the modification of labor relations has been considered for a long time because of the importance of such relations on the existential background of workers, but also on the economic situation of the country. Nevertheless, the relations that the Code newly regulated were based on the previous legislation, since they were concluded under the validity and force of this legislation. One of the aims of this work is therefore examine a false retroactivity. Another aim is also to define how these examined changes in the Labor Code are related to the “socialist” constitution of 1960.

Crime and punishment: Pakistan's legal failure to account for mental illness.

The Mental Health Ordinance 2001 was the last comprehensive legislation on mental health policy in Pakistan, replacing the Lunacy Act 1912. Since then, most of the amendments to the act have only delineated the jurisdiction of the provincial governments. Failure to account for mental illness in Pakistan brings with it unique challenges, such as the criminalisation of suicide and exploitation of blasphemy laws. There is a need for organised efforts to promote awareness of mental illness, amend the obsolete legislation in conformity with the scientific evidence, implement mental health policy effectively and deal with sensitive issues that have a strong sociocultural or religious background.

Innovation-Friendly Regulation: The Sunset of Regulation, the Sunrise of Innovation

In the last years, the approach of governments towards innovation has changed dramatically. The myth of innovation as an activity carried out by lonely inventors in their garages or in the laboratories of large private companies, in the context of which there was no or little place for governmental intervention is passe. In times of crisis, the advancement of innovation and economic growth has been included in the list of priorities of most governments. Governments expect to play more than a supporting role and go beyond the traditional economic incentives and innovation policy documents. It is time to call regulators to the center of the stage and tell them to start playing the innovation tune. Regulation and governance can play either an impeding or a facilitative role, depending on the instruments used. Regulation may give or take away incentives to innovate; it may accelerate or delay the introduction of innovations into the market; it may adapt itself to the speed of the innovation process or lag behind. In this article, I shall focus on two aspects of this regulatory approach to innovation: the pacing problem and the lack of information as to the regulation of the innovation process.Very often regulation simply lags behind or tries to slow down the ‘pace’ of innovation: whereas innovation moves at the speed of sound, it can ‘happen’ anywhere and anytime; regulators are limited by slow-going procedures and the need to confer some stability to regulations. In addition, regulators are being confronted with complex innovations in the different fields of emerging technologies and apparently straightforward innovations that challenge existing regulatory paradigms (e.g. Aereo, Airbnb, Uber) and about which regulators know very little of. Do these innovations bring along risks and how should they be regulated? In this article, I argue that the ‘pacing’ and ‘informational’ problems could be solved by enacting two highly overlooked regulatory instruments: sunset clauses and experimental legislation. Both of them confer adaptability to the regulatory framework, set the stopwatch on obsolete legislation and create room for regulatory flexibility and learning. Sunsetting limits the temporal scope of regulation, while experimental legislation can limit both the temporal and geographic scopes or the object of regulation. Experimenting with laws can be particularly useful to test new regulations on a small-scale basis, gather more facts on the response of the market to an innovative product, and improve regulation as more information becomes available. Both temporary legislative instruments can be part of a more innovation-friendly approach to regulation, combining on the one hand a certain openness to innovation, and on the other a responsible regulatory framework.

Pediatric Oncology in Morocco

Cancer in children is quickly becoming one of the leading causes of non traumatic death among children. In pediatric oncology, palliative care is a primary component of the cancer control plan. In low income countries also known as emerging nations or developing countries access to adequate care remains a challenge for most pediatric oncology patients. In Morocco the situation has dramatically improved in the last few years as both the government and NGOs have become more aware of the importance and urgency of the issue. The incidence of cancer in patients under 15 years of age in Morocco is estimated to be 1000 new cases per year and the incidence of leukemia to be 100 new cases diagnosed per year. Pediatric cancer patients are mostly managed by public hospitals. Thus they are highly influenced by the Moroccan public health system, which is now considering cancer management a priority. Since health cover is very limited, most chemotherapy drugs were purchased by local parent associations. Recently, a new large Moroccan NGO (ALSC) provides anti-cancer drugs to all government-run oncology units. Despite all the progress, Morocco has witnessed in the pediatric oncology field, the palliative aspect of the care is not yet organized. Pediatric oncology is supported by the work of the National Society of Pediatric Oncolgy. The opioide therapy is available. However its use is strongly limited by the current restrictive and obsolete legislation which represents a major barrier to care. Despite the latest progress, pediatric oncology in Morocco still needs to improve in order to achieve performances comparable to those of the developed world. These improvements include better survival rates, less treatment abandonment, developing new techniques, improving quality of life and creating data collection teams. In order for this action to succeed all the stakeholders (government, NGOs, medical societies, oncology teams) must work together and coordinate their efforts.

Abolishing obsolete legislation on crimes and criminal procedure

The English criminal law has not moved with the times – nor with the increasing emphasis on human rights. Legislation still extant goes back nearly 700 years and is barely intelligible. This paper analyses antiquated criminal and criminal procedure legislation and asserts it should be repealed, being superceded by more modern enactments. It also argues for the consolidation of all criminal (and criminal procedure) legislation for the period 1313–1960 into one Act of around 300 sections. This task would not be complex.

Censorship in a Liberal State: Regulating Talk on Canadian Radio in the Early 1930s

In the summer of 1933, Hector Charlesworth, Chairman of the recently created Canadian Radio Broadcasting Commission (CRBC), Canada's first public broadcaster, spoke before the annual assembly of th...

Not Dead, Just Sleeping: Canada's Prohibition on Blasphemous Libel as a Case Study in Obsolete Legislation

Since the first Criminal Code in 1892, Canada has had a law on the books prohibiting the publication of a 'blasphemous libel' The statute resulted in five reported prosecutions over the years, the last in 1935. Although it hasn't been used in over 70 years, dead laws don't always stay dead: England's prohibition on blasphemy, for example, was inert for 55 years before leading to a conviction in 1977 and Ireland's remained unused for 141 years before an (unsuccessful) prosecution was brought in 1996. This article attempts to answer a few key questions about Canada's blasphemy law. First, what are the historical origins of the prohibition? Canada's law has been influenced heavily by British common law, but there are important differences as well. Second, is the prohibition really as vulnerable to a Charter attack as it first appears? Given a modernist recasting as a 'hate speech' prohibition, the law may have a surprising resistance to attack. Third, how should our legal system deal with obsolete legislation generally? The blasphemy law will be used as a case study in the application of the obscure doctrine of desuetude.

Montes blancos, baldíos y realengos: aproximación a tres tipologías tradicionales de montes públicos en la provincia de Zaragoza

The article analyses the meaning of three terms for common land that are very common in Aragon and other parts of Spain and which correspond to obsolete legislation or traditional names, namely, montes blancos, and realengos. The term montes blancos has often been used as a synonym of communal land or deforested land ('moorlands'). Regarding the first of these identifications, the article concludes that, in Aragon, the montes blancos arise both from lands that were originally held communally (montes comunes, to use the terminology of the Ancient Regime) and the wastelands (baldios) over which the boroughs came to hold an undisputed title vis-a-vis the State and which effectively became communal lands. However, subsequent enclosure processes led to a significant number of these montes blancos becoming montes de propios ('town council-owned lands'). Regarding the second identification, it can be inferred from the analysis of the Catalogue of Woodland of Public Utility of the province of Saragossa that, historically, many - but not all- montes blancos were deforested. Finally, the article analyses the origin and evolution of the baldios and realengos, lands which, while initially being part of common property, instead of evolving towards communal property, remained for centuries in a state of almost total non-definition as regards their ownership, as a res nullius, until the Civil Confiscation of 1855, which entailed either their sale (because they were considered bienes de propios), their inclusion in State-owned property or their inclusion in municipal property (theoretically as communal property or 'property of common use': bienes de aprovechamiento comun), at which time this typology ceased to exist as a legal category.

The difficult Crossing of the Rubicon of the monument restoration in Spain

The monument restoration in Spain is passing through a delicate moment after going through one of the most complex periods which started after the process of social recovery leading to democracy. Some political, cultural and professional circumstances of the decade of the 80s, made our monuments go from oblivion to playing a not always sensible leading role. Today, when some facets of that situation have been overcome, the fruits of its positive aspects can be collected (the retrieval of the creative attitude towards the project, the appreciation of the monument as historical document, the acceptance of the necessary interprofessional collaboration). Nevertheless, some chronic vices are still being suffered from (the arrogant attitudes of the professionals, the low efficiency level of one part of the Administration, the obsolete legislation, the difficulties in training). The author expresses his hope that, in the context of an obvious new mentality towards our heritage of monuments, the economic crisis will favour the consolidation of a conservation parallel to the renewed and indispensable culture of restoration.

Human Rights and Mental Disability: Perspectives on Israel

The human rights of persons with mental disabilities represents a frontier area for legal protection. The content and means of enforcing their rights have become topics of both scholarly and popular concern. For two decades, the international community has grappled — somewhat fitfully — with the human rights norms that should guide nations in their care and treatment of these vulnerable groups. International concern has focused not only on problems of arbitrary detention and cruel, inhumane or degrading treatment, but on issues of institutionalization, sterilization, and a broad array of education, treatment and welfare services.In many countries, obsolete legislation and service delivery models have hindered the realization of both negative and affirmative (“positive resource claims”) human rights.

The Mining Ordinance of Northern Rhodesia: A Legislative History 1924–1958

Shirley Zabel's account of the genesis of the Gold Coast Marriage Ordinance of 1884, published elsewhere in this Journal, demonstrates how much a legislative history can teach us about the way in which colonial law-makers went about tackling the formidable problems which had to be faced in what were still the early stages of modern British administration in West Africa. It is proposed in this article to turn to colonial Zambia and to look at the very different field of mining legislation, concentrating on the middle and later period of colonial rule before and after the Second World War. Compared with the early days in West Africa, bureaucratic techniques had been refined and communications greatly improved. This did not always lead to speed in the legislative process. Zabel has shown that the Gold Coast Ordinance was six years in the making; the Northern Rhodesia Mining Ordinance had a gestation period, including several miscarriages, of no less than thirty years prior to its enactment in 1958, despite the admitted need in the 1920s to replace obsolete legislation dating from the days of British South Africa Company rule. The span of time involved, however, has advantages for the legal historian—an opportunity to examine in relation to a single ordinance the colonial legislative process and the forces which, over an extended period, affected the shaping of a vital piece of legislation. It is hoped also that the fruits of this examination will serve as a useful background to studies of modern Zambian mining law.