Laws

This article argues that criminal law has overtaken immigration law to such an extent that the notion of “crimmigration” is no longer shocking. In Canada, where the population has long been supportive of immigration and where national politics have been remarkably consensual in matters of immigration, crimmigration now forms the basis of a new form of bipartisan consensus. By looking back on the Justin Trudeau Liberal government, we see that most of the Harper-era crimmigration measures were left in place, and the advance of crimmigration continued unabated. If we are to make any progress in recovering space for values other than crimmigration in our immigration law and politics, we need to both think more creatively about the future and recover our sense of outrage.

Our study aims to evaluate the current Romanian context for tax control by correlating the legal framework with the administrative model, as derived through empirical analysis. Our hypotheses, confirmed by the observed macro-dynamics of tax control in a period of four years, are as follows: (1) the current legal framework for tax control is heterogeneous, incomplete, and influenced by administrative practices; (2) debt collection is an inconsistent outcome of various forms of tax control, contributing marginally to budget dynamics; and (3) the identification of tax-related illegal activities heavily depends on tax control, while the application of administrative and criminal sanctions varies significantly. The study highlights the need to (re)design the normative framework to enhance coherence and effectiveness; hence, we advanced a model of normative reform based on the three abovementioned conclusion.

The atrocities of World War II were pivotal to the launch of the human rights project, which became anchored on the recognition of the inherent dignity of all humans and formed a cornerstone justifying the ascription of rights. Indeed, it became essential to recognise education as a human right given the emergent need to promote the use of reason, having recognised humans as people imbued with inherent dignity. This paper explores the right to education in international human rights law (IHRL) from the perspective of its purpose, and uses IHRL as its starting point. It argues that the ascription of inherent dignity to everyone justifies access to education and investigates the nexus between dignity and education, arguing that access to education is a sine qua non to expanding the inherent dignity of all humans. Thus, it argues that the recognition of dignity requires that all children must be provided with equal access to education to stimulate the use of reason.

An empirical study on the use of law in Christian sermons has so far been a blank space in research, especially when large corpora of sermons are examined. In this article, we present the first findings of the ongoing RUNIP project, in which computer-assisted methods are used and validated in sermon analysis. The process integrates manual coding via MaxQDA with machine learning techniques, notably contextual embeddings derived from Transformer architectures such as SBERT, enabling us to detect patterns across large corpora. We argue that embeddings in text analysis can help to complement a manual, human-based text analysis. Clustering based on sentence embeddings helps identify semantically related sermon passages, although the complexity and length of the original texts, as well as the nuanced theological language, pose challenges to computer-aided analysis. By bridging historical and contemporary sermon analysis with data science methodologies, we demonstrate how an interdisciplinary approach can expand our understanding of how preachers address law, norms, and moral questions in Christian sermons. This is demonstrated by qualitative results from the analysis of the large historical sermon corpus of Friedrich D. E. Schleiermacher.

The evolution of disability rights jurisprudence in Peru’s Constitutional Court (2004–2024) demonstrates a paradigm shift from medical to social models of disability. This research analyzes key Constitutional Court decisions through documentary analysis, identifying three distinct periods: early medical model jurisprudence (2004–2009), transitional incorporation of international standards (2010–2015), and consolidation of the social model (2016–2024). Findings reveal how the Court’s reasoning evolved from focusing on individual impairments and rehabilitation to recognizing disability as arising from societal barriers. The Court progressively developed sophisticated legal standards for disability discrimination, reasonable accommodation, and recognition of communication rights. Despite significant jurisprudential advancement, implementation challenges persist across institutional contexts, evidencing gaps between progressive legal frameworks and practical application. This study contributes to understanding how constitutional courts can drive paradigmatic shifts in human rights protection while highlighting the limitations of judicial interpretation alone in achieving disability rights implementation.

In this study, we examine the complex interplay between psychiatric epistemic power and its institutional applications through the phenomenon of “diagnosis removal” in Turkey. Within the constraints of limited mental health legislation, psychiatric diagnostic categories serve both as markers of risk and as administrative constructs that can be erased when convenient, presenting paradoxical challenges for healthcare providers and patients alike. Through a systematic analysis of case studies and theoretical frameworks, we explore how bureaucratic authorities can misuse psychiatric diagnoses in employment contexts. The study reveals a significant paradox where psychiatric expertise is simultaneously invoked and challenged, potentially undermining both therapeutic relationships and legal rights. This situation arises from a regulatory vacuum in mental health legislation, further exacerbated by a harm-based approach to mental health issues rather than a rights-based one. Key findings demonstrate how the institutional handling of psychiatric diagnoses creates a treatment disincentive effect, where individuals avoid seeking mental health care due to employment concerns. The analysis also reveals how concept creep and harm-based morality contribute to the misappropriation of psychiatric knowledge in administrative contexts. These findings highlight the urgent need for comprehensive mental health legislation that balances individual rights with public health concerns while protecting the integrity of psychiatric practice from institutional misuse, particularly in employment contexts.

This study focuses on Roblox as a case study to explore the legal and technical challenges of content moderation on child-focused social media platforms. As a leading Metaverse platform with millions of young users, Roblox provides immersive and interactive virtual experiences but also introduces significant risks, including exposure to inappropriate content, cyberbullying, and predatory behavior. The research examines the shortcomings of current automated and human moderation systems, highlighting the difficulties of managing real-time user interactions and the sheer volume of user-generated content. It investigates cases of moderation failures on Roblox, exposing gaps in existing safeguards and raising concerns about user safety. The study also explores the balance between leveraging artificial intelligence (AI) for efficient content moderation and incorporating human oversight to ensure nuanced decision-making. Comparative analysis of moderation practices on platforms like TikTok and YouTube provides additional insights to inform improvements in Roblox’s approach. From a legal standpoint, the study critically assesses regulatory frameworks such as the GDPR, the EU Digital Services Act, and the UK’s Online Safety Act, analyzing their relevance to virtual platforms like Roblox. It emphasizes the pressing need for comprehensive international cooperation to address jurisdictional challenges and establish robust legal standards for the Metaverse. The study concludes with recommendations for improved moderation strategies, including hybrid AI-human models, stricter content verification processes, and tools to empower users. It also calls for legal reforms to redefine virtual harm and enhance regulatory mechanisms. This research aims to advance safe and respectful interactions in digital environments, stressing the shared responsibility of platforms, policymakers, and users in tackling these emerging challenges.

Emerging technologies and the so-called information and communication technologies (ICT or IT) are transforming society, interpersonal relationships, and our way of understanding the world and, by extension, also law and the legal profession. Emerging technologies will have a significant impact on society in the coming years and will pose new challenges and legal issues in the legal sector that will surely affect the development, evolution, and way of understanding the legal practice. The future of the legal industry will be comprise occupations that do not yet exist, or areas and subjects that are little or not yet known or even explored. The key for law firms will therefore be to specialize in these sectors. This Topic has become a window into the new challenges of law and policies in relation to emerging technologies.

The acceleration of the climate crisis calls into question the effectiveness of traditional legal frameworks in addressing environmental emergencies. This article examines whether France should adopt an environmental state of exception, inspired by the legal mechanisms implemented during the COVID-19 pandemic. While such exceptional measures could enhance the State’s capacity to respond swiftly to climate threats, they also raise concerns about the concentration of executive power and potential infringements on fundamental rights. Through a comparative legal analysis, this study assesses the benefits and risks of an environmental state of exception, highlighting its potential to accelerate climate action while scrutinizing its democratic and legal implications. It also explores alternative frameworks and advocates for a regulated model of environmental emergency governance, ensuring that urgent climate interventions remain subject to the rule of law and democratic oversight. By drawing on French legal precedents, international climate commitments, and case studies, this research evaluates whether legal exceptionalism is a viable tool for addressing environmental crises or whether a more structured and accountable legal approach would better ensure long-term climate resilience.

Severe earthquakes, extreme floods, tragic accidents, mega-fires, and even viruses belong to disasters that can destroy the economic, social, or cultural life of people. Due to the climate crisis, disasters will likely become more frequent and intense over the years. Unmanned aerial vehicles (UAVs/drones) have obtained an increasing role in disaster management, which was particularly evident during the COVID-19 pandemic. However, lack of social acceptability remains a limiting factor of drone usage. Drones as a means of state surveillance—possibly mass surveillance—are subject to certain limits since their advanced monitoring technology, including Artificial Intelligence, may affect human rights, such as the right to privacy. Due to the severity of the pandemic, which has been described as the “ideal state of emergency”, despite the rising use of drones, such privacy concerns have been underestimated so far. At the same time, the existing approach of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) regarding the COVID-19 health crisis and human rights during emergencies seems rather conservative and, thus, setting limits between conflicting rights in such exceptional circumstances remains vague. Under these conditions, the fear that the COVID-19 pandemic may have become a starting point for transitioning to a world normalizing the exception is evident. Such fear in terms of privacy implies a world with a narrowed scope of privacy; thus, setting questions and exploring the challenges about the future of drone regulation, especially in the European Union, are crucial.

The specialization of public prosecution offices has been a growing international trend, particularly in addressing complex forms of crime such as corruption, economic crime, and organized crime. Many countries have established specialized prosecution bodies to enhance the efficiency and effectiveness of law enforcement in these areas. However, Slovakia has recently taken a different approach by abolishing its Office of the Special Prosecution, a decision that contrasts sharply with prevailing global tendencies. This paper explores the reasons behind this shift, analyzing the political and legal arguments presented by both proponents and opponents of the abolition. The paper examines whether this move aligns with the rule of law and international legal obligations and considers its potential consequences for the effectiveness of criminal justice in Slovakia. While the paper is based on legal principles and comparative methods, it acknowledges the inherently political nature of decisions concerning the structure of prosecution services.

The UK’s National Security and Investment Act 2021, which came into effect in January 2022, marks the establishment of a foreign investment security review mechanism unique to the UK. This article examines the Act’s text and identifies several key features of the mechanism, including its broad review scope, ease of activation, flexible standards, and instrumental tendencies. Applying a constructivist framework, this article argues that the establishment of this mechanism is primarily driven by a shift in the UK’s identity, reinforcing its alignment with the United States while positioning China as a “competitor”. The NSI Act’s broad scope and discretionary powers disproportionately impact Chinese investors, given their concentration in high-risk sectors and geopolitical tensions. In response, this article proposes that China can mitigate the potential negative impact of this mechanism on its investors by adopting both conceptual and normative strategies, contributing to the reconstruction of the UK’s perception of China within the broader social context.

Despite the growing interest among comparative legal scholars in Islamic law, the application of Shia Islamic law remains an overlooked area within the field of comparative law. This article addresses this gap by offering a classification of contemporary national legal systems according to their incorporation of Shia Islamic law. The analysis begins with secular legal systems in countries with significant Shia populations and progresses to those jurisdictions where Shia Islamic law is officially recognised. Through this examination, I define the historical, cultural, and political contexts influencing the application of Shia Islamic law and assess how and to what extent these states implement Shia Islamic rulings, incorporating case studies to illustrate varying degrees of application.

The “Dana Gas” case is considered one of the pivotal cases in the development of the Islamic financial industry. The case raised concerns about the limits of legal certainty, particularly the judiciary’s right to exercise “ijtihad” (juristic interpretation). This study highlights the extent to which Islamic financial institutions adhere to their contractual obligations in good faith based on Shariah compliance. It also outlines how the judiciary preserves its inherent right to exercise due diligence in relation to protecting the public economic order and applying its authority in evaluating the practical application of Islamic finance contracts and instruments. Based on the dialectical approach, this article analyzes the case by presenting the background of the dispute and its legal dimensions, emphasizing the necessity of achieving legal certainty in the Islamic financial industry. This study also advocates for applying judicial jurisprudence in resolving disputes related to sukuk. Finally, it unfolds the legal lessons learned from this case. This study concludes that more effort should be made to localize judicial jurisdiction in resolving disputes related to sukuk, regulating the process of selecting the applicable law, and to develop the legal infrastructure in systems participating in Islamic finance. Accordingly, this study highlights the significant role that Shariah standards could play in this field in the future.

This article examines key aspects of corporate insolvency law. The main research jurisdictions are the US, England, France, and Germany. This study adopts a functional approach that compares different legal regimes of corporate insolvency law in light of the legislative changes related to the EU directive (EU) 2019/1023. This directive, to some extent, triggered a paradigm shift, leading to varying degrees of reform across all EU member states and even influencing non-EU jurisdictions. This article is structured into four parts. The introduction provides an overview of corporate insolvency laws. The second part focuses on directive (EU) 2019/1023 on preventive restructuring frameworks, which considers the requirements regarding the classes of creditors and the related procedures. The third section examines the differences and similarities in the conceptual framework of the corporate insolvency law in the selected jurisdictions, with particular emphasis on their approach—whether creditor-friendly or debtor-friendly—and their bankruptcy procedures. Finally, the last section highlights jurisdictional divergences. This article contributes to the understanding of corporate insolvency law as a complex international issue by comparing national approaches and offering legal recommendations.

Similarly to “wars” on drugs and terrorism, the fight against corruption has recently emerged as an attractive political tool. From Argentina and India to the United States and the Philippines, anti-corruption rhetoric has been successfully utilized by political outsiders to challenge establishment candidates. It remains less clear, however, whether anti-corruption enforcement allows incumbent politicians to hold on to power. In this article, we use a comparative subnational design to analyze the impact of corruption prosecutions on electoral support for the president of Russia. By combining original survey data on popular political attitudes and behaviors as well as citizens’ own participation in petty corruption with official statistics on corruption prosecutions, on the one hand, and data on media coverage of regional corruption scandals, on the other, we reveal a small negative effect of anti-corruptionism on voting for Putin. Our data allow us to adjudicate among several theoretical mechanisms that may lead to this effect. We find that, although ordinary Russians dislike corruption and expect the federal government to fight it, Putin’s anti-corruption enforcement has failed to convince the population that he is the right man for the job. Some Russians, we argue, take the Kremlin’s prosecutions as an indicator of the regime’s failure to prevent corruption among its agents, while others resent the administration for trying to score political points through hyped-up and punitive anti-corruptionism.

The objective of this research is to examine the role of intellectual property (IP) in fostering business development, particularly focusing on patent management in Ecuador and its alignment with international standards. The study employs a comparative analysis of Ecuadorian legislation against the framework established by the World Intellectual Property Organization (WIPO) to identify challenges and opportunities within the national IP system. Key methods include reviewing existing legal texts, interviewing stakeholders, and analyzing patent registration processes. The findings indicate that while Ecuador has made significant strides in harmonizing its IP laws with international treaties, such as the Patent Cooperation Treaty (PCT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), considerable barriers remain, particularly related to bureaucratic inefficiencies and a lack of technical resources in key institutions like the National Service of Intellectual Rights (SENADI). The conclusions highlight the need for enhanced efficiency and implementation of IP regulations to stimulate sustained innovation growth, attract national and foreign investments, and, ultimately, strengthen Ecuador’s competitiveness in a global economy. This research contributes to the understanding of how effective IP management can serve as a vital tool for economic development and innovation.

The description of a combination of technologies as ‘artificial intelligence’ (AI) is misleading. To ascribe intelligence to a statistical model without human attribution points towards an attempt at shifting legal, social, and ethical responsibilities to machines. This paper exposes the deeply flawed characterisation of AI and the unearned assumptions that are central to its current definition, characterisation, and efforts at controlling it. The contradictions in the framing of AI have been the bane of the incapacity to regulate it. A revival of applied definitional framing of AI across disciplines have produced a plethora of conceptions and inconclusiveness. Therefore, the research advances this position with two fundamental and interrelated arguments. First, the difficulty in regulating AI is tied to it characterisation as artificial intelligence. This has triggered existing and new conflicting notions of the meaning of ‘artificial’ and ‘intelligence’, which are broad and largely unsettled. Second, difficulties in developing a global consensus on responsible AI stem from this inconclusiveness. To advance these arguments, this paper utilises functional contextualism to analyse the fundamental nature and architecture of artificial intelligence and human intelligence. There is a need to establish a test for ‘artificial intelligence’ in order ensure appropriate allocation of rights, duties, and responsibilities. Therefore, this research proposes, develops, and recommends an adaptive three-elements, three-step threshold for achieving responsible artificial intelligence.

This contribution examines the human rights framework and legislative developments in South Africa on persons with mental illness, revealing that the initial focus of the legislation was on control and detention at the cost of the rights of mental health care users. Presently, under its Constitutional democracy, South Africa has progressive Mental Health Legislation focusing on the rights of mental health care users and the least restrictive means of treatment. The contribution considers the impact of the legislative developments on the human rights of mental health care users. There are, however, challenges with the implementation of the legislation most notably illustrated by the Life Esidimeni disaster where a mass deinstitutionalization project led to the loss of life. South Africa’s revised Mental Health Policy Framework holds a renewed commitment to respect a mental health care user’s right to dignity, integrity, privacy, and freedom of movement. This is one step closer to the realisation of the obligations created by the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The contribution considers the 2018 concluding observations by the United Nations Committee on the Rights of Persons with Disabilities, which lays bare areas where yet further improvement is needed in South Africa to eradicate all forms of discrimination against persons with disabilities and, in particular, persons with mental illness Areas where progress have been made are highlighted. South Africa has made steady progress but needs to intensify its efforts to domesticize the CRPD.

Under current Supreme Court doctrine under the First Amendment, constitutional complaints that a state university has selected its faculty on ideological grounds—that it has “cast a pall of orthodoxy over the classroom”, in the language of the court from 1967—face three barriers. States may claim that an ideologically uniform faculty is required for the efficient performance of government functions, that it represents the state’s own speech, or that faculty’s expression of ideology is part of their jobs, subject to an uncertain exception for “expression related to academic scholarship or classroom instruction”. This article looks at these claims from the perspective that the Court has used with increasing frequency: the meaning expressed by the text of the Fourteenth Amendment in its original 1868 context. While there are strong arguments that the Fourteenth Amendment does not apply the First Amendment’s meaning as of 1791 against states, the Fourteenth Amendment does require that citizens of all political and religious creeds receive the same civil rights as similarly situated fellow citizens. However, the “civil rights” covered by the Fourteenth Amendment in 1868 excluded “political rights” to influence the government and serve on its behalf. State universities’ Fourteenth Amendment obligations of ideological neutrality thus run not directly to faculty, but to students. An ideologically slanted process of faculty selection violates students’ civil rights in the same way that a racially biased process of jury selection violates defendants’ rights to a fair trial.

For domestic and family violence (‘DFV’) offences, sentencing remarks present a unique opportunity for dialogue between the Court, the offender, the victim-survivor, and the public. At the point of sentencing an offender, the judicial officer provides a rationale for the sentence imposed. This rationale includes a consideration of the impact of the offending on the victim, but can also carry narratives about the harms, dynamics, and outcomes of DFV offences. This article seeks to evaluate the narratives present within sentencing remarks for the offence of threat to kill occurring in a DFV context in the Australian jurisdictions of the Australian Capital Territory and Victoria. The authors use thematic analysis to compare themes generated within the judgments to the sentencing considerations required by the Crimes (Sentencing) Act 2005 (ACT) and the Sentencing Act 1991 (Vic). Our findings support the idea that if required to refer to the nature and dynamics of DFV in sentencing offenders, judicial officers’ understanding of DFV may be improved. We therefore suggest such requirements could potentially play a similar role in other jurisdictions.

The role of human rights is increasingly subject to scrutiny and debate. However, historically, human rights functioned as powerful tools for social change. In this context, this paper explores the origin, evolution and impact of the Inter-American Human Rights System, analysing its impact from three perspectives. First, it reviews empirical studies that advocate distinguishing between compliance with the system’s orders and their broader impact. Case examples are presented to demonstrate how compliance with general orders, such as guarantees of non-repetition, can influence human rights practices across the region, even when compliance is only partial. The analysis highlights that impact extends beyond formal compliance, encompassing the strategies of human rights organisations, interactions between national and international spheres, and progress in the recognition and justiciability of rights, along with measures aimed at benefiting specific groups. Finally, the relationship between the region’s democratic development and the system’s relevance is explored, highlighting its remarkable adaptability to emerging realities and societal demands despite persistent challenges. In the face of prevailing scepticism, the system continues to function as a vital mechanism for promoting social transformation across Latin America.

The current global mobility paradigm suffers from a great paradox. The illegality of human mobility is manufactured through restrictive migration and asylum policies, which claim to address the supposed challenges of human mobility, such as erosion of border security, burden on the labour market, and social disharmony. On the contrary, they reinforce them, resulting in strengthened anti-migrant sentiments at the domestic level. The contradiction is that the more restrictive migration policies are and the more they are directed at containment of human mobility, the more counterproductive they become. The fact that the policies of the destination states are shaped through the votes of their citizens, and migrants are never part of the conversation which would bring the reality check of their lived lives, is a defining factor that enables state policies preventing and deterring access to territory and containing asylum seekers elsewhere. We demonstrate that this is the dynamic behind the new EU Pact on Migration and Asylum, as it thickens the European borders even further through harsher border procedures and expanded externalisation of migration control. Whereas the Global Compacts represent the paradigm of facilitated mobility and are a significant step in the right direction for moving beyond the defined paradox, the EU Pact represents the containment paradigm and showcases that the tension between the commitments and the actions of states is far from being resolved. Through an assessment of the EU Pact on Migration and Asylum’s alignment with the Global Compacts, this article scrutinizes the trajectory of the global mobility paradigm since the adoption of the Global Compacts.

The rise in international terrorism has led to a rise in citizenship deprivation. Depriving a person of citizenship represents a harsh national security measure. Although both Australia and the UK have citizenship deprivation legislation, the judicial response has differed. In Australia, two laws providing for deprivation of citizenship have been found unconstitutional. In the UK, significant challenges to citizenship deprivation decisions have failed, including those relating to Shamima Begum, deprived of UK citizenship in 2019, whose request for permission to appeal in respect of the decision was rejected by the UK Supreme Court in August 2024. In this context, it is striking that despite the lesser degree of human rights protection under the Australian Constitution and federal statutes compared with the UK, the Australian courts may have arrived at a significantly rights protective approach to citizenship deprivation, leading to an important procedural safeguard by requiring courts to make decisions on citizenship deprivation. This underlines interesting features of the Australian system, in which the development of doctrines under a written constitution that limits legislative power, such as through the separation of powers, can sometimes lead to significant (if uneven) rights protective outcomes. Short of a shift in UK constitutional law doctrine around the separation of powers (which is unlikely), the Australian decisions cannot be mirrored in the UK. However, they may point towards the possibility of stronger procedural safeguards in the context of citizenship deprivation, as well as some potential human rights law implications.

While much of the American justice system utilizes punitive models of sentencing and incarceration, restorative justice (RJ) approaches provide a holistic alternative to wrongdoing, viewing offenses in terms of relationships and paying particular attention to victim and community needs. These alternative RJ approaches have been shown to decrease recidivism and align with the values of those who have been most impacted by mass incarceration, including Indigenous populations. The purpose of this systematic review is to provide an overview of alternative models of incarceration utilizing RJ principles that could be adapted for a largely Indigenous population.