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10168.More information
Against a background of recurrent economic crisis in the 1960s pressures have developed to reform Britain's traditional industrial relations system. During the last two years the report of The Royal Commission on Trade Unions and Employers' Associations and a subsequent Labour Government White Paper included significant recommandations which are likely to change the character of the traditional system. Nevertheless both documents support an essentially voluntary approach to the reform of collective bargaining and reject the transformation of collective agreements into legally binding contracts. However, as a result both of growing public support for additional reforms and the improvement in the Conservative Opposition's political fortunes, plus doubts about the capacity of British unions and management to improve collective bargaining procedures voluntarily, the author suggests that further Government intervention in industrial relations is a strong possibility in the next few years.
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10169.More information
This article examines the changes in the approach to the analysis of free speech rights in Israel. It demonstrates the growing shift from the American liberty-based influence in the 1980s to a more dignity-based, and principally Canadian- and German-inspired, model following the adoption of the partial bill of rights in the 1990s. This is demonstrated both by a statistical analysis of the Israeli Supreme Court free speech rulings in the past thirty years and by a substantive analysis of recent rulings in the areas of prior restraint, pornography, and libel.The statistical findings demonstrate that while human dignity rarely played a role in free speech rulings in the past, it plays a significant role today. Another indication of the “dignitization process” lies in the reference to foreign rulings. Moreover, a substantive examination of the Israeli Supreme Court's free speech rulings from the last decade reveals the dignitization process both in rhetoric and outcomes.This article offers a means of strengthening the protection that free speech receives in Israel by divorcing the constitutional protection of free speech from the concept of human dignity, and by focusing on the value of liberty. This can be achieved by the incorporation of the unenumerated right to free speech via the liberty clause within Basic Law: Human Dignity and Liberty.
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10170.More information
The authors put forward an analysis of the main decisions delivered in 2007 by the Supreme Court of Canada, in the criminal field. In their common approach of each of these decisions, they identify the stakes, the number of dissenting judges, the respective viewpoints of the majority and of the former, the basic reasons for their opposition and the evolution of the law furthered by the decision. Following this long case-law review, the authors endeavour to outline the various judicial policies revealed throughout this set of decisions, beyond the specific situations considered by the Court. From these emerge a constant quest for a proper balancing of a suspect's rights and the interest of the State, the respect of common law and of the privileged position of the trial judges, as well as a goal of clarifying as much as possible the existing law on major issues. The authors consider the cases in terms of the importance of the dissent from one to the other, and the various provincial courts of appeal, in terms of the rate at which their decisions were upheld or overturned. In conclusion, they provide a glimpse of the harvest in 2008, by a look into the decisions already rendered, as well as one into those soon to come.
Keywords: Revue jurisprudentielle, arrêts de la Cour suprême du Canada en 2007, droit criminel, enseignements et perspectives, politiques judiciaires de la Cour, Case-law review, Supreme Court of Canada decisions in 2007, criminal law, teachings and perspectives, judicial policies of the Court