The Role of the Cyprus Attorney General's Office in Prosecutions: Rhetoric, Ideology and Practice
The Role of the Cyprus Attorney General's Office in Prosecutions: Rhetoric, Ideology and Practice

Author: Despina Kyprianou

Publisher: Springer Science & Business Media

Published: 2009-10-06

Total Pages: 263

ISBN-13: 3642019218

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Attorney General, Republic of Cyprus It is with great pleasure that I foreword the book of Dr Despina Kyprianou’s for many reasons: The ?rst one is that books on any area of Cyprus Law is particularly welcomed as there are limited studies which focus on this ?eld and reveal the singularities and special features of Cyprus Law. The second one is that this book is about the Attorney General’s Of?ce, an of?ce that I have served for almost thir- ?ve years and have personal knowledge of its crucial role not only regarding prosecutions but also regarding a wide variety of other legal issues. The third and most important reason is that this is an excellent work and a thought-provoking contribution to our understanding of the Role of the Cyprus Attorney General’s Of?ce in Prosecutions. The last reason that I am very happy to commend this study is the fact that, a few years ago, I was the one that granted access to the Law Of?ce for Dr Kyprianou’s research. The publication of this highly informative book is the best con?rmation that I was right in doing so. The Republic of Cyprus was established as an independent sovereign republic with a presidential regime on 16 August 1960, when its Constitution came into force and British sovereignty over Cyprus as a Crown Colony ceased.

Constitutional Law in Cyprus
Constitutional Law in Cyprus

Author: Achilles C. Emilianides

Publisher: Kluwer Law International B.V.

Published: 2019-02-13

Total Pages: 408

ISBN-13: 940350725X

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Cyprus provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Cyprus will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

The Evolving Role of the Public Prosecutor
The Evolving Role of the Public Prosecutor

Author: Victoria Colvin

Publisher: Routledge

Published: 2018-09-24

Total Pages: 406

ISBN-13: 042988494X

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The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.

European Yearbook of Constitutional Law 2021
European Yearbook of Constitutional Law 2021

Author: Jurgen de Poorter

Publisher: Springer Nature

Published: 2022-06-06

Total Pages: 283

ISBN-13: 9462655359

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The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This third volume of the EYCL focuses on constitutional advice, an underexplored topic of legal scholarship today, and addresses this situation by looking beyond constitutional law’s familiar focus on the classic separation of powers and the main legislative, executive and judicial bodies implied by this construct. The attention is shifted to mapping and analysing the advisory bodies and functions grouped around and in support of the legislators, administrators and judges at the frontline of the constitutional edifice, which is accomplished through national, comparative and transnational perspectives on constitutional advice from Europe and beyond. Addressing the topic of constitutional advice is necessary to broaden and deepen not only our understanding of advice as a field in its own right, but also as a way of rendering a fuller account of contemporary constitutionalism. Also, the increasing political polarisation across many societies today underscores the need to study constitutional advice on topics of significance in an attempt to bridge divides and end gridlock. This book will be of special interest to constitutional scholars and legal scholars more generally, as well as to political scientists. In addition, government officials, judges and policy-makers wishing to better understand the legal mechanisms and avenues when it comes to rendering or receiving advice in the contemporary constitutional context will find much of relevance. Jurgen de Poorter is professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at Yong Pung How School of Law, Singapore Management University, Singapore.

Competition Law in Cyprus
Competition Law in Cyprus

Author: Achilles C. Emilianides

Publisher: Kluwer Law International B.V.

Published: 2021-09-20

Total Pages: 322

ISBN-13: 9403538252

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Cyprus covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Cyprus will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Prosecuting Human Rights Offences
Prosecuting Human Rights Offences

Author: Krešimir Kamber

Publisher: BRILL

Published: 2017-01-09

Total Pages: 598

ISBN-13: 9004337768

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In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.

A Study of Mixed Legal Systems: Endangered, Entrenched or Blended
A Study of Mixed Legal Systems: Endangered, Entrenched or Blended

Author: Dr Seán Patrick Donlan

Publisher: Ashgate Publishing, Ltd.

Published: 2014-10-28

Total Pages: 273

ISBN-13: 1472441796

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A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be ‘entrenched’, ‘endangered’, or ‘blended’. It explores how this process of legal change happens, questions whether some systems are at greater risk than others, and details the strategies that have been adopted to accelerate or counteract change. The studies involve consideration of the colourful histories of the jurisdictions, of their complex relationships to parent legal systems and traditions, and of language, legal education and legal actors. The volume also considers whether the experiences of these systems can tell us something about legal mixtures and movements generally. Indeed, the volume will be helpful both for scholars and students with a special interest in mixed legal systems as well as anyone interested in comparative law and legal history, in the diversity and dynamism of law.

The Realm of Criminal Law
The Realm of Criminal Law

Author: R A Duff

Publisher: Oxford University Press

Published: 2018-06-27

Total Pages: 478

ISBN-13: 0191058580

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We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.

Small States in a Legal World
Small States in a Legal World

Author: Petra Butler

Publisher: Springer

Published: 2017-04-29

Total Pages: 270

ISBN-13: 3319393669

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This book is a unique collection of high quality articles analysing legal issues with particular regard to small states. The small states of the world differ considerably in their geography, history, political structures, legal systems and wealth. Nevertheless, because of their size, small states face a set of common challenges including vulnerability to external economic impacts such as changing trade regimes and limited ability to diversify economic activity; limited public and private sector capacity, including the legal and judicial infrastructure; a need for regional co-operation; a vulnerability to environmental changes as well as a limited ability to engage with supranational bodies and the forces of globalisation. This is the first volume of an exciting and unique new series, The World of Small States. In this work, legal experts from small jurisdictions and those with a particular interest in legal issues facing small states explore inter alia ethics in small jurisdictions, legal education and the profession in small states, the challenges facing small states with mixed legal systems, the constitutional arrangements in small states, small states as tax havens, and intellectual property and competition law issues.

Torture and Human Rights in Northern Ireland
Torture and Human Rights in Northern Ireland

Author: Aoife Duffy

Publisher: Routledge

Published: 2019-03-28

Total Pages: 106

ISBN-13: 0429670745

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This book presents a compelling and highly sophisticated politico-legal history of a particular security operation that resulted in one of the most high-profile torture cases in the world. It reveals the extent to which the Ireland v. United Kingdom judgment misrepresents the interrogation system that was developed and utilised in Northern Ireland. Finally, the truth about the operation is presented in a comprehensive narrative, sometimes corroborating secondary literature already in the public domain, but at other times significantly debunking aphorisms, or, indeed, lies that circulated about interrogation in depth. The book sets out the theoretical reference paradigm with respect to the culture and practice of state denial often associated with torture, and uses this model to excavate the buried aspects of this most famous of torture cases. Through the lens of a single operation, conducted twice, it presents a fascinating exposé of the complicated structures of state-sponsored denial designed to hide the truth about the long-term effects of these techniques and the way in which they were authorised.