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Alastair Mowbray
European Public Law
Volume 20, Issue 3 (2014) pp. 469 – 498
https://doi.org/10.54648/euro2014032
Abstract
This article examines the recent jurisprudence of the European Court of Human Rights concerning States obligations in regard to the maintenance and enhancement of democratic political activities within their societies. A selection of leading cases involving freedom of expression, freedom of association and free elections are analysed. These encompass controversial issues such as symbolic protests, the dissolution of non-governmental organizations and the restriction of voting rights applied to particular groups. Conclusions are drawn regarding how the contemporary case-law has built upon the foundations established by the original Court. Areas of uncertainty within the jurisprudence are identified together with case-law where the Court has exceeded its legitimate interpretative function. The Court's jurisprudence is also linked to debates within the philosophical world and amongst public international lawyers.
Extract
As we tread towards overcoming the Covid-19 pandemic, the world is gearing up to face the challenges of a post-Covid era. The Insolvency and Bankruptcy Regime has already armed itself to tackle this challenge in the form of pre-packs. However, there are still a few concerns that need to be ironed out. In this article, we expound upon the ambiguity and the adverse effect of the directors’ duty towards creditors that is manifested under section 66 of the Insolvency & Bankruptcy Code, 2016 (‘the Code’). In this regard, we discuss the jurisprudence in the UK and the US on the shift in the directors’ duty from being shareholder-centric to creditor-centric. Further, the article places an insight into the safe harbour approach employed by the Australian legislators to deal with the ambiguities associated with this duty. And finally, we posit that providing safe harbour to directors, in India, is essential to fulfil the objectives set to be achieved through the Code.