bluuebunny/crossref_metadata_2025_split huggingface dataset:
Space
Authors: Rock Paul 
Published: November 2023

Abstract
The Court formed a world spread out in space, and its contours and divisions were refracted in the built design of the courthouse that contained it. Indeed, it is a little difficult to write of container and contained as things apart. The Court and courthouse were importantly one. Read aright, the courthouse was an iron or map of social organization. The very arrangement of physical space in the Crown Court centre confirmed identities, segregated groups, and managed relations.
Time in the Court
Authors: Rock Paul 
Published: November 2023

Abstract
Two forms of temporal experience met in the Court. One was cyclical, and that was the temporal structure familiar to the professionals and users. It was complex and convoluted, composed of many interlocking and repeated cycles. If it were ever to be represented pictorially, it might resemble a piece of rococo tracery with its many curls and flourishes. The other form was linear, and that was the time known to the civilian. linear time did not appear to be especially complex, although it could be confusing enough because of its open horizons. Neither did it seem repetitive. Let me deal with cyclical time first.
The ‘Proximity Talks’
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
The first round of the ‘proximity talks’ began at the United Nations headquarters in New York on IO September 1984 under the auspices of the UN Secretary-General. This was a device to overcome the difficulty arising from Mr Kyprianou’s refusal to negotiate with the Turkish Republic of Northern Cyprus unless the declaration of statehood was withdrawn. The Secretary-General invited the parties to New York for indirect consultations to prepare the ground for direct talks later on. During the ‘proximity talks’, the two sides sat in separate rooms while the Secretary-General acted as a go-between, thus performing a shuttle diplomacy, talking to both sides separately.
“Kol Ha’am” Company Limited v.Minister of the Interior
Authors: Zamir Itzhak , Allen Zysbla T 
Published: November 2023

Abstract
Section 19(2)(a) of the Press Ordinance, as amended, provides as follows:
The High Commissioner, either with or without having caused the proprietor or editor of a newspaper to be warned under subsection (1) hereof, may: if any matter appearing in a newspaper is, in the opinion of the High Commissioner in Council, likely to endanger the public peace.
Member of I(nesset Rabbi Meir Kahane and the ‘Kach’ Movement v.The Executive Board of the Broadcasting Authority and others
Authors: Zamir Itzhak , Allen Zysbla T 
Published: November 2023

Abstract
What is the authority and extent of the discretion of the Broadcasting Authority in refusing to broadcast views and opinions that conflict with the democratic nature of the state because they spread hatred and anger based on racial or national origin? This is the question for us to decide.
Meir Schnitzer and Others v.The Chief Military Censor and Others
Authors: Zamir Itzhak , Allen Zysbla T 
Published: November 2023

Abstract
What is the power of the ‘Military Censor’, operating in accordance with the Defence (Emergency) Regulations 1945, to prohibit publication of a newspaper article which is critical of the role of the Chief of the Institute for Intelligence and Special Operations (‘Mossad’), and which contains information related to forthcoming changes in the leadership of the Mossad? This is the question that stands at the centre of the petition before us.
Shlomo Miterani and others v.Minister of Transport and another
Authors: Zamir Itzhak , Allen Zysbla T 
Published: November 2023

Abstract
The immediate cause for their approaching this Court was the publicaion in the Ministry of Transport of internal regulations prohibiting registration offices and licensed garages from accepting documents for vehicle checks and registration from anyone not listed among the following: the vehicle owner himself, a member of his family, someone in his permanent employ, an employee of a licensed garage, and a vehicle dealer. This internal regulation will, according to the petitioners, deprive them of their livelihood, since for years they have made their living dealing with requests for vehicle checks and vehicle registration on the basis of a service for all.
The Supreme Court and Parliamentary Supremacy
Authors: Kretzmer David 
Published: November 2023

Abstract
One of the fundamentals of the Israeli constitutional system was long thought to be the principle of parliamentary supremacy. In the early years of the State, attempts were made to persuade the Supreme Court to review primary legislation passed during the British Mandatory period that had been received into the Israeli legal system under a provision in the first legislative act passed after independence. These attempts rested on the theory that legislation that was inconsistent with the spirit or letter of Israel’s Declaration of Independence, or that was undemocratic in nature, was not valid in the new state. The Supreme Court was not receptive to these arguments. Following the English model, it held that deciding on the validity of primary legislation was a matter for Parliament, and the Court was not competent to deal with the issue.
A. Bergman v.Minister of Finance and State Comptroller
Authors: Agranat P , Sussman J , Landau J , Berinson J , Manny J 
Published: November 2023

Abstract
On 30 April 1969 this Court issued an order nisi against the Minister of Finance, to show cause why he should not refrain from any expenditure under section 6 of the Knesset and Local Authorities Elections (Financing, Limitation of Expenses and Audit) Law 1969 (hereafter ‘the Financing Law’); and against the State Comptroller to show cause why he should not refrain from any act which he is directed or authorized to implement pursuant to sections 11 and 12 of the Financing Law. The order nisi was issued on the petition of Advocate Dr A. Bergman on two principal grounds: one related to the manner in which the Financing Law was initiated and the other related to the manner in which the Law was passed in the Knesset.
The New Penology And Politics In Crisis
Authors: Pavarini* Massimo 
Published: November 2023

Abstract
Italy of the four mafia organizations (‘Cosa Nostra’ in Sicily, ‘Ndrangheta’ in Calabria, ‘Camorra’ in Campania, and ‘Nuova Corona Unita’ in Puglie roughly a quarter of the nation in the hands of organized crime); Italy of administrative corruption and political scandals on an endemic scale; Italy with the largest number of heroin addicts after the USA; Italy of bloodshed by Fascists and left-wing terrorists; Italy in which the Codes dating back to Mussolini’s era are still in force, providing the possibility of draconian prison sentences for the most minor offence. This is the criminal and penal Italy which has had one of the lowest prison populations in Europe over the last 20 years. This state of affairs changed radically in the early nineties.
Cross-National Imprisonment Rates
Authors: Pease* Ken 
Published: November 2023

Abstract
Prison use is universally held to vary massively across countries (see e.g., Wilkins 1991). Such differences have attracted a range of explanations, from the notion that prison capacity drives prison use (see Blumstein et al. 1983 for a review and critique), to the notion that tolerance of inequality manifests itself in both income distribution and prison use (sec Young 1986 for a review). Cross-national comparisons of prison use are common in political debate on penal issues, usually to shame an administration into changed practice. However, the limits and meaning of such variations in use arc not well understood. In particular, the rate of imprisonment per head of population has gained the status of the conventionally accepted form of presentation without having received the appropriate analytic attention.
Why Study Women’s Imprisonment? Or Anyone Els’S
Authors: Carlen* Pat 
Published: November 2023

Abstract
This was going to be the article on women’s imprisonment. I did not want to write on women’s imprisonment -for two main reasons. First, because I’ve been wondering with increasing frequency exactly why women’s imprisonment should be studied separately from men’s. Secondly, because nowadays there seems to be an urgent need to study prisons primarily as forms of punishment, rather than as instances or representations of just about every other aspect of society (e.g. gender, racism, class, human survival, teaching pottery, drama, or poetry, etc.). Why not just write on ‘imprisonment’, or, more fundamentally, why continue to study prisons-women’s or anyone else’s--at all? So I asked permission to transform the invitation to write a piece on women’s imprisonment into an opportunity to try to unravel the questions about gender, punishment, abolitionism, and the iconography of ‘the Prison’ which had been teasing me for several months. This indefinite article is the result. It is divided into four parts.
Inspecting Prisons
Authors: Morgan Roo , Evans* Malcolm 
Published: November 2023

Abstract
In many European jurisdictions, Britain included, the absence or ineffectiveness of domestic remedies against what critics judge to be unacceptable prison conditions or decision-making procedures has meant that attention has turned increasingly to international agencies, both inter-governmental and non-governmental. Penal pressure groups seek more and more to bring international comparisons and scrutiny to bear on domestic policy.
The Contract of Employment, Other Agreements, the Circumstances Surrounding Employment, and the Instrument of Appointment
Authors: Amerasinghe C F 
Published: November 2023

Abstract
International administrative tribunals have not been slow to recognize that it is the internal law of the organization that they have to apply to employment relations. As early as 1929 the LNT stated: ‘The Tribunal is bound to apply the internal law of the League of Nations.’ In de Merodethe WBAT explicitly stated that ‘it must apply the internal law of the Bank as the law governing the conditions of employment. ‘ Authors also agree that it is the internal law of the organization that is applicable. But statements such as these do not specify a source of law as such. The internal law is the legal system governing employment relations. It is within this system that the sources of the law must be sought.
Substantive Irregularity
Authors: Amerasinghe C F 
Published: November 2023

Abstract
A Decision taken in the exercise of a discretionary power may, as already pointed out, be vitiated by substantive irregularity. This kind of irregularity or defect pertains to the substantive content of the decision taken, as contrasted with the motive for the decision or the procedure followed in the taking of the decision. Thus, for example, the facts on which a decision is based, the conclusions drawn from the facts established, and the relationship of the elements of the decision or the acts upon which it rests to the governing law are matters concerning the substance or content of the decision. It is now generally accepted that there are irregularities connected with the substance of a discretionary decision which are subject to review by tribunals. There was never any serious doubt about this. The question is what is the nature and extent of this control that tribunals exercise over the substance of discretionary decisions taken by an administrative authority in the exercise of its discretionary powers, granting that there can be no substitution of judgment by tribunals.
Procedural Irregularity
Authors: Amerasinghe C F 
Published: November 2023

Abstract
International administrative tribunals have not hesitated to emphasize the need for a fair procedure to be followed in the taking of discretionary administrative decisions. The recognition of the right of staff members to a fair procedure in the taking of discretionary decisions is particularly important, because it is often difficult to prove the existence of irregular motives or détournement de pouvoir as a ground for judicial review of a discretionary decision. Procedure is a more tangible element in the decision-making process than motive or purpose and, therefore, the violation of a procedural requirement is more susceptible of proof than an abuse of purpose or an improper motive. Thus, judicial review of procedural factors constitutes a significant means of checking arbitrary action on the part of administrative authorities.
The Authority to Grant Remedies and their General Nature
Authors: Amerasinghe C F 
Published: November 2023

Abstract
The Statutes of most international administrative tribunals deal with the remedies which may be granted by the tribunals. Thus, in the case of the UNAT Article 9 of the Statute contains the provisions on remedies. The Statutes of several other international administrative tribunals have similar, though not exactly the same, provisions. In many of these cases there are slight variations but substantially the effect of the provisions is the same. For example, in the case of the WBAT the normal maximum amount for compensation awarded is years’ net pay and not years’ net base salary, as in the case of the UNAT, while in other respects the provisions are similar to those of the UNAT Statute.
Remedies in the International Administrative Tribunals of the European Institutions
Authors: Amerasinghe C F 
Published: November 2023

Abstract
It is convenient to consider in the same chapter but separately the jurisprudence of the administrative tribunals of the European institutions. There are five such institutions which are extant and have administrative tribunals whose decisions are made public. They are the Council of Europe, BSA, NATO, OECD, and the European Communities. ESRO and ELDO which merged to form BSA are now non-existent but had during their existence administrative tribunals whose decisions were published.
The Extension of the Internal Market in the Framework of the European Economic Area
Authors: Eeckhout Piet 
Published: November 2023

Abstract
In the previous chapters the external dimension of the internal market pro gramme was analysed, taking as a basis the (internal) legal instruments adopted or applied by the Community. The aim was to study this external dimension as it applies to trade and economic relations between the Com munity and third countries in general. Of course, there have been references to relations with certain specific third countries, such as the United States and Japan, but these references were mainly part of sketching the setting of Community measures. In general, the content of the latter does not discriminate between the various trade partners of the Community.
Using the Models in Practice
Authors: Fionda Julia 
Published: November 2023

Abstract
THE prosecutor is inherently involved in the sentencing process and the three models expounded in the last chapter illustrate theoretical bases upon which this sentencing role can be analysed. The models are theories; they are not descriptive of the prosecution function in any one jurisdiction. They are useful, however, in finding a justification and rationale for the development of this part of a prosecutor’s duties. The models also have a practical application, as tools for considering the common problemsen countered in any criminal justice system where informal, administrative decision-making becomes a prominent feature. The core tenets of the models are not restricted to an analysis of a prosecution system, but they were constructed from a study of that branch of the criminal justice process. The applicability of any theory of criminal justice is as varied and complex as the system itself. Just as the branches of the system are not discrete but interlinked, so too are the theories that seek to rationalize them.
Rights and Responses to Terrorism in Northern Ireland
Authors: Rodley* Nigel S 
Published: November 2023

Abstract
The present chapter is being written at a time of guarded hope. On 15 December 1993, the Prime Minister of the United Kingdom of Great Britain and Northern Ireland and the Taoiseach of the Irish Republic issued the Downing Street Declaration of principles aimed at inducing the Irish Republican Army (IRA) and Sinn Fein to accept ‘a permanent end to the use of, or support for, paramilitary violence’. Then, ‘democratically mandated parties which establish a commitment to exclusively peaceful methods and which have shown that they abide by the democratic process’ (presumably including Sinn Fein) will be ‘free to participate fully in democratic politics and to join in dialogue in due course between the Governments and the political parties on the way ahead’.
Freedom of Assembly
Authors: Murphy Thérèse 
Published: November 2023

Abstract
‘Moral panics’ and ‘folk devils’ became part of popular academic vernacular in the early 1970s and the frequency of their deployment has not waned since. A current, but quintessential, example of the genre is that which surrounds ‘law and order’ in the United Kingdom. This particular moral panic started with a creeping unease in the 1980s and is now full blown with the enactment of the Criminal Justice and Public Order Act 1994. At the core of this panic is an image of the past-particularly, those years in the immediate post-Second World War period-which is clothed in the glories of a golden age. This past carries with it a vision of life in a South-of-England village idyll where community triumphs and the Queen’s Peace is unruffled. The image is nourished by the now-remarkable power, and electoral significance, of ‘law and order’ politics. The political purchase of this politics is enhanced by the absence of debate on the appropriate substance of the concept of ‘order’ in a modern liberal democracy. The preponderance of synonyms for the word ‘order’ exacerbates the problem because such synonyms increase the appeal of ‘order’, but reduce the odds of substantive definition. This appeal factor can be seen in Lord Scarman’s official report on the 1974 Red Lion Square disorders. Scarman began with ‘first principles’: ‘our fundamental human rights’ include ‘without doubt, the rights of peaceful assembly and public protest and the right to public order and tranquillity’. He then penned a paragraph which never fails to capture the imagination:
When can a Claimant Acquire Secured Rights via Subrogation?
Authors: Mitchell Charles 
Published: November 2023

Abstract
The question when a claimant should be entitled to acquire secured rights via subrogation is closely linked to the more general issue of when restitutionary claimants should be entitled to assert any kind of proprietary claim. This general issue has been widely discussed in recent years,1 but two differing accounts in particular must be mentioned here,2 each of which has different implications for the law of subrogation. In Birks’ view,3 a claimant should be permitted to assert a proprietary claim only where he can show that he began by owning, and that he thereafter retained some legal or equitable proprietary interest in, the property which he seeks to recover; in contrast, Goff and Jones4 contend that the courts can in appropriate circumstances retrospectively deem a claimant to have an equitable proprietary interest sufficient to allow him to assert a proprietary claim. The criteria to which the courts should refer when deciding whether to deem such an interest should in Goff and Jones’ view be the basis of a plaintiff’s claim, whether the defendant was aware of the facts supporting the plaintiff’s claim, and whether the defendant is solvent.
Legal Compulsion II: Simple Subrogation
Authors: Mitchell Charles 
Published: November 2023

Abstract
In the cases discussed in this chapter, a party S is legally compelled to pay RH in respect of an obligation owed to RH by PL but, for reasons which will be discussed, S’s payment leaves RH’s rights against PL intact. They are not extinguished by S’s payment. In Section A will be considered the position of an indemnity insurer which is legally compelled to pay its insured in respect of an insured loss for which a third party is liable; in Section B will be considered the position of a drawer or indorser of a bill of exchange (other than an accommodation bill)1 who is legally compelled to pay the bill’s holder, although it is the acceptor of the bill who is primarily liable for paying it.
Quota Transfers
Authors: Cardwell Michael 
Published: November 2023

Abstract
The transfer of milk quotas has proved central to the operation of the quota system. Over and above the practical aspects of such transfers, there is an argument that, on a more theoretical level, they provide a revealing insight into the nature of milk quotas themselves; and, in particular, the relationship of quota with land. In this context it is impossible to ignore the vigorous trade in quota which has developed in some Member States, notably the United Kingdom and the Netherlands. The scale of this trade can he easily be underestimated. For example, the Milk Marketing Board of England and Wales calculated that by the fourth year of the milk quota system (the 1987/8 milk year) some 910,200,000 litres were transferred. For the same year it was estimated that the average price for quota permanently transferred amounted to 28 pence per litre, and that the average price for quota temporarily transferred amounted to 5 pence per litre per annum.
Diminished Responsibility and Infanticide
Authors: Mackay R d. 
Published: November 2023

Abstract
In cases of murder the mandatory penalty obviously poses problems when dealing with the mentally disordered offender. Rather than follow the recommendation of the Royal Commission on Capital Punishment for extending the insanity defence,1 the Government eventually decided to borrow the notion of ‘diminished responsibility’ from Scotland,2 in order to give trial judges discretion over the sentencing of such offenders. The source of this discretion is contained in section 2(1) of the Homicide Act 1957 which states: Where a person kills or is a party to the killing of another, he shall not be convicted of murder if he was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing.
Unfitness to Plead
Authors: Mackay R d. 
Published: November 2023

Abstract
The law on disability in relation to the trial, or ‘unfitness to plead’ as it is more commonly known, has received scant attention in recent years.1 The last major review of this complex and neglected area of criminal law was in 1975 when the Committee on Mentally Abnormal Offenders,2 (known as the Butler Report) recommended sweeping reforms. However, as was recently pointed out by the Law Commission in its commentary on the Draft Criminal Code: some of the Committee’s procedural proposals were controversial. A consultative document issued by the Home Office in 1978 referred in particular to serious doubts as to the practicability of a recommendation that if the defendant is found to be under disability there should nevertheless be a ‘trial of the facts’-at once if there is no prospect of the defendant’s recovering, or as soon (during periods of adjournment not exceeding six months in total) as he may prove unresponsive to treatment.
Enforcement of Security
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
Enforcement is the ultimate stage of the security right; the mere prospect of an enforcement of the security right may in itself affect the debtor’s actions as well as the actions of the person giving security. The security right may be enforced simply by the security holder against the person giving security. However, other creditors may enforce against the security holder as well, in which case the security holder will find himself in competition, with the race going to the swiftest which is avoided under the insolvency regime.1 Outside an insolvency situation the following issues have to be considered: