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Articles 1 - 11 of 11
Full-Text Articles in Law
Promoting Constitutional Literacy: What Role For Courts?, De Maartje Visser
Promoting Constitutional Literacy: What Role For Courts?, De Maartje Visser
Research Collection Yong Pung How School Of Law
This article explores the role of constitutional judges in advancing constitutional literacy, understood as knowledge relating to the functioning of the constitutional order. Part of the inquiry is descriptive and geared towards identifying the modalities that courts today use to cultivate such literacy among the public, or segments thereof. The article also poses normative questions about literacy-boosting efforts. How do these relate to typical judicial functions? Are courts well-placed and equipped to disseminate constitutional knowledge? Based on an analysis of judicial practices, it is suggested that lay individuals are increasingly treated as a key constituency by courts, warranting the development …
Rebuilding Trust: Regulation Of Financial Advisers In The Uk, Weiping He, Han-Wei Liu
Rebuilding Trust: Regulation Of Financial Advisers In The Uk, Weiping He, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Key pointsThe 2006 UK Retail Distribution Review identified much-needed reforms to the retail investment markets. It suffered chronic problems arising from the provision of conflicted advice by financial advisers to their clients. The global financial crisis (GFC) added intense urgency to the need for reforms.As a result, commission-based charging for financial advisers were banned in 2012, and the requirements under the suitability rule were more sharply defined.This article traces the trajectory of the pre- and post-GFC reforms and the ways in which the judicial interpretations of the legislative reforms played an important role in regulating the retail investment markets.The article …
The Future Is Urban: The Progressive Renaissance Of The City In Eu Law, De Maartje Visser
The Future Is Urban: The Progressive Renaissance Of The City In Eu Law, De Maartje Visser
Research Collection Yong Pung How School Of Law
For much of the European integration process, local authorities have been on the legal margins. Yet many amongst this group, and cities in particular, consider themselves as important players in realising the Union’s overarching policy objectives. This view is slowly but surely fi nding traction with the EU’s political institutions. This article suggests that the future architecture of the European Union’s (EU’s) operating system will evince a rapprochement between the socio-economic clout of local authorities, notably cities, and their legal-political recognition at Union level. It further suggests that there is room for greater conceptual clarity along two lines when interrogating …
Sets, Modular Systems And Interconnections: Comparing Singapore Law With Eu Legislation, Gordon Ionwy David Llewelyn, T. Prashant Reddy
Sets, Modular Systems And Interconnections: Comparing Singapore Law With Eu Legislation, Gordon Ionwy David Llewelyn, T. Prashant Reddy
Research Collection Yong Pung How School Of Law
Singapore registered design law is largely based on UK legislation and, notwithstanding subsequent amendments, the underlying principles remain broadly similar. This article aims to compare Singapore registered design law with EU legislation in relation to sets, modular systems and interconnections.'Sets of articles' are afforded protection under both Singapore law and EU registered design law. Under both regimes such protection can prove problematic, as under Singapore law it may require a court to make an artistic assessment as to whether the goods are of the same 'general character' and under EU law the Guidelines issued by the EUIPO appear to go …
El Ineficiente Diseño De La Legislación Concursal Española: Una Propuesta De Reforma A Partir De La Experiencia Comparada Y De Un Análisis Económico Del Derecho Concursal [The Inefficient Design Of The Spanish Bankruptcy Act: A Proposal To Enhance The Attractiveness Of The Spanish Bankruptcy Regime Based On An Economic And Comparative Analysis Of Insolvency Law] In Spanish, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
Spain has one of the world´s lowest business bankruptcy rates (that is, number of business bankruptcies per firm). Some authors have argued that the low usage of bankruptcy procedures in Spain is due to a ‘cultural’ problem faced by Spanish entrepreneurs. According to this hypothesis, the lack of a ‘bankruptcy culture’ makes Spanish entrepreneurs to be afraid of the use of the bankruptcy system. In this paper, however, I advocate for a totally different hypothesis. In my opinion, the low rate of business bankruptcies in Spain is not due to a ‘cultural’ problem but to an institutional one. Namely, I …
Alternative Investment Markets Under Criticism: Reasons To Be Worried? Lessons From Gowex, Aurelio Gurrea-Martinez
Alternative Investment Markets Under Criticism: Reasons To Be Worried? Lessons From Gowex, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
The recent financial scandal of Gowex in the Spanish Alternative Investment Market (MAB) has reopened the debate about the dangers of lightly regulated markets and their optimal level of regulation. This article argues that Gowex’s collapse was not a failure of these markets but a failure of the gatekeepers in charge of overseeing Gowex’s activities. Therefore, we propose that regulators should focus on providing mechanisms to encourage gatekeepers to do their work in an effective and credible way. Namely, we propose that regulators should enhance the role and effectiveness of Nominated Advisers, since these players have been created precisely for …
A Psychology Of Choice Of Laws, Gary Low
A Psychology Of Choice Of Laws, Gary Low
Research Collection Yong Pung How School Of Law
There is certainly a lot of choice going around in the market for contract law. This is a good thing, since choice is key to self-determination and may help improve our laws. Yet there may be such a thing as choice overload, and the introduction of the Common European Sales law is a timely reminder to consider its effect for the market for contract law. This article does just that. It explains what choice overload is, why it comes about, and what can be done to ameliorate its effects. The conclusion is that CESL will not cause choice overload but …
A Psychology Of Choice Of Laws, Gary Low
A Psychology Of Choice Of Laws, Gary Low
Research Collection Yong Pung How School Of Law
There is certainly a lot of choice going around in the market for contract law. This is a good thing, since choice is key to self-determination and may help improve our laws. Yet there may be such a thing as choice overload, and the introduction of the Common European Sales law is a timely reminder to consider its effect for the market for contract law. This article does just that. It explains what choice overload is, why it comes about, and what can be done to ameliorate its effects. The conclusion is that CESL will not cause choice overload but …
A Cautionary Tale: Some Insights Regarding Judicial Activism From The National Experience, Maartje De Visser
A Cautionary Tale: Some Insights Regarding Judicial Activism From The National Experience, Maartje De Visser
Research Collection Yong Pung How School Of Law
Courts, whether national or European, are sometimes subject to charges of judicial activism. Adopting a comparative perspective, this contribution charts the ways in which constitutional courts in the Member States have sought to mitigate or pre-empt charges of activism. The primary purpose is to identify attractive solutions or lessons the ECJ may draw from dealing with this perception of judicial activism. It is important at the outset to be clear about what is meant by ‘judicial activism’. Judicial activism is often used as a slogan to communicate dislike or disagreement with a particular judgment or line of case law. While …
Unitas Via Diversitas. Can The Common European Sales Law Harmonize Through Diversity?, Gary Low
Unitas Via Diversitas. Can The Common European Sales Law Harmonize Through Diversity?, Gary Low
Research Collection Yong Pung How School Of Law
The proposed Regulation for a Common European Sales Law (CESL),1 unveiled on 11 October 2011, marks the opening legislative salvo on the future of European contract law. Besides critique from private lawyers on the substantive content therein,2 the legality of the CESL under Union law may be called into question.3 The CESL cites Article 114 of the Treaty on the Functioning of the European Union (TFEU) as its legal basis." In so doing, it goes against the grain of received wisdom: virtually all the studies on the subject ruled out the use of Article 114 TFEU in favour of Article …
The Non-Frustration Rule Of The Uk City Code On Takeover And Mergers And Related Agency Problems: What Are The Implications For The Ec Takeover Directive?, Han-Wei Liu
Research Collection Yong Pung How School Of Law
The Takeover Directive, first envisioned in the White Paper on completing the Internal Market, was finally adopted in 2004, after almost 20 years of work. The Takeover Directive is based upon the assumption that the takeover offers numerous benefits to companies, investors, and, ultimately, the European economy as a whole. The functions of a takeover include disciplining management, stimulating competition, and disseminating good management practice, thus improving the quality of management as well as corporate performance. While one of the major purposes of the Takeover Directive is to mitigate the agency problem in the takeover context, some mechanisms, such as …