The historical evolution and enforcement of competition law in Pakistan

The study aims to attempt has been made to highlight competition law in various aspects with reference to Pakistan. The present study gives a detailed account of its origin or historical evolution over time by underscoring legislation's salient characteristics; the research attempts to feature its structure, power, and policies while identifying the challenges faced by the contemporary competition law in Pakistan. The study adopts qualitative data analysis to analyse the respective aims and objectives. The research assessed the regulatory agency's effectiveness as a principal authority to apply competition policies while preventing anti-competitive conduct. The research contents that many sustainability challenges are being faced by competition law in Pakistan and globalized transformation is one of the reasons behind it, it needs to be addressed. The research recommended that there should be an ability to attract professionals and judicial discourse that needs to be based upon sound economic rationale as per competition theory. However, competition law is supposed to prevent anti-competition rituals and practices by nurturing free and fair Competition in the market. It promotes greater Competition in the market by safeguarding customers against inaccurate means adopted by firms.

STRUCTURAL MODELS OF COMPLEX TERMS IN INSTITUTIONALLY LEGAL DISCOURSE

Goal. The aim of the study is to identify structures typical for the speech realization of terminological compounds in the institutionally legal segment of judicial discourse. The article presents an analysis of terminological compounds of different quantitative structure.Methods. To bring the need for terminological spoluks as more detailed and unambiguous forms of the term are supplemented by advanced methods: for the definition and description of the semantic structure of the previously described terminological spheres of the methodists; spiritual and visual signs of pre-visualized structures appeared for the additional statutory method; kіlkіsny method vikoristano for the value of the frequency of implantation of terminological spoluks in the texts of the institute and legal discourse.Results. The result of the investigation was the classification of terminological compounds of institutionally legal discourse by syntactic and semantic indicators. In modern terminology, the problem of modification, loss of properties of the term as a result of convergence of terminology with common vocabulary is relevant. This convergence is especially noticeable in legal discourse, due to its proximity to everyday communication. For this reason, so-called illusion of understanding the text appears. This is especially noticeable in the use of terminological compounds, where part of them is common vocabulary. Conclusions. Given the functional approach to the definition of the term, it can be stated that multicomponent terminological compounds meet all the requirements for the term, namely, are lexicalized phrases of special function, are included in all semiotic relations, and so on. They also perform a number of other functions that are uncharacteristic of one-word terminology. The functions of multicomponent terms are determined by the needs of institutionally legal discourse, and are related to the methods of word formation, each of which affects the coherence, connectivity and other characteristics of the text. The choice of terminology allows to provide absolutely comprehensive, detailed and accurate information.Key words: terminological connection, terminological system, professional vocabulary, common vocabulary, term structure. Мета. Метою дослідження є виявлення структур, типових для мовленнєвої реалізації термінологічних сполук в інституційно-правовому сегменті юридичного дискурсу. У статті представлений аналіз термінологічних сполук різної семантичної структури.Методи. Довести необхідність термінологічних сполук як більш вичерпних та деталізованих і однозначних форм терміна допомогають такі методи: для визначення і опису семантичної структури досліджуваних термінологічних сполук використовувався структурний метод; спільні і відмінні ознаки досліджуваних структур виявлялись за допомогою зіставного методу; кількісний метод використано для визначення частотності вживання термінологічних сполук у текстах інституційно-правового дискурсу. Результати. Результатом розвідки стала класифікація термінологічних сполук інституційно-правового дискурсу за синтаксичними та семантичними показниками. У сучасній термінології виникає проблема видозмінювання, втрати властивостей терміна в результаті конвергенції термінології із загальновживаною лексикою. Ця конвергенція помітна у юридичному дискурсі через його наближеність до повсякденного спілкування. Із цієї причини виникає так звана ілюзія розуміння тексту. Висновки. Зважаючи на функціональний підхід до визначення терміна, можна констатувати, що багатокомпонентні тер-мінологічні сполуки задовольняють всім вимогам, що пред’являються до терміна. Вони також виконують ряд інших функцій, які невластиві однослівній термінології. Термінологічна сполука має чітку дефініцію та структуру, завдяки чому усувається можливість неоднозначності. Семантична структура зазначених одиниць визначається потребами інституційно-правового дискурсу і пов’язана з методами словотворення, кожен з яких впливає на зв’язність, з’єднаність й інші характеристики тексту. Ключові слова: термінологічна сполука, терміносистема, професійна лексика, загальновживана лексика, структура терміна.

LINGUISTIC REPRESENTATION OF POWER IN JUDICIAL DISCOURSE

This study sheds light on the terms discourse of power and power of discourse. The two concepts are closely intertwined and interdependent as manifested in the influence of power on discourse, on the selection of the linguistic means expressing that power. Such linguistic means of conveying power relations are cratologemes. Accordingly, the approach used to study cratologemes is thought to be linguocratological. From the perspective of the linguocratological approach discourse has become a vigorous resource of power. Therefore, language of discourse is of great interest an instrument of manipulation, which gives grounds to study it as an object, a process, and as a tool. During the process of investigation, the following research methods have been used: linguistic observation and analysis as well as cognitive method, pragmatic analysis method, critical discourse analysis method. These methods have allowed us to establish some of the cratologemes that are characteristic of judicial discourse.Such cratologemes have been singled out at different language levels: at the morphological level, at the lexical-semantic level, at the syntactic level.

All-Pervasive Legacies of Socialist Constitutionalism? The Case of Judiciary

The success of the legal transitions occurring in the 1990s was quite dubious. Although, as a result of enlargement of the EU, much of the “other Europe” became part of the European Union, it would be too simplistic to assume that, with the fall of the Berlin Wall, the region became part of Western European political and legal landscape. While the books of the old era were discarded, legislation repealed and new institutions created, one should not underestimate the continuing strength of the old values, principles and legal thought in general. After all, the authors of those discarded books remained in the academia, even if they seemingly started to produce – virtually overnight – new works, while defending new values and principles. Alongside with the academics, the entire legal personnel of the old era survived the systemic change, and this contributed to the persisting spirit of old legal culture. That is why the philosophies of the old socialist legal system were able, not only to survive, but to govern a substantial portion of the post-socialist legal and judicial discourse. The deepest layers of the old legal culture are resistant to sudden changes by their very nature. They seldom have a direct connection to the former official political ideology, and they are often clothed in the new legal vocabulary. Furthermore, the most persistent features of socialist legal culture are often those linked to the region’s illiberal pre-socialist past, although substantively modified during the era of socialism. I will show some examples of old socialist concepts which seem to be alive and well in the new legal system. First, I am going to deal with the authoritarian model of judicial process, which appears to prevail in the region of Central and Eastern Europe. The socialist conception of a judicial process continues to haunt the region even several decades after the fall of “existing socialism.” The parties continue to be viewed as passive objects in the post-communist litigation. Second, I am going to explain a specific socialist novelty, the concept of supreme courts’ interpretative statements, legislating from the bench without any real-life case pending before those courts. Last but not least, I will show the gradual decline of the activist role of constitutional courts in the region and the return to the tradition of self-restrained judiciary influenced by politics and politicians.

Deservingness in Judicial Discourse. An Analysis of the Legal Reasoning Adopted in Dutch Case Law on Irregular Migrant Families’ Access to Shelter

In September 2012, the Dutch Supreme Court upheld a judgment of the Hague Court of Appeal that the eviction from basic shelter of a mother and her minor children, who did not have legal residence in the Netherlands, was unlawful. This ruling was instigated by a radically new interpretation of the European Social Charter’s personal scope and caused a major shift in Dutch policy. This article provides a case study into the legal reasoning adopted by the Court of Appeal and the Supreme Court. It argues that, instead of relying on legal doctrinal reasoning for justifying the outcome, both courts referred to factors that the general public relies on to assess people’s deservingness of welfare. This finding raises fundamental questions about the relationship between human rights law and deservingness; and calls, therefore, for further research into the relevance of deservingness criteria in judicial discourse.

CRITICAL ANALYSIS OF DNA PROFILING IN INDIA: CONSTITUTIONAL CHALLENGES AND THE WAY AHEAD

Modern fast-progressing society has brought advancements in science and technology touching almost all aspects of our cultural and social lives. Law enforcement is not an exception to it with DNA Profiling being a giant leap in investigation procedure. Despite wide application in law enforcement in many countries of the world, India does not have a standalone law regulating the application of DNA as a method of identification yet. Further, admissibility and reliability of DNA evidence is a debated issue and a comprehensive study of legislative and judicial discourse is necessary to appreciate its value and bring reformation in the regulatory framework. This paper firstly discusses the meaning and concept of DNA profiling including its significance and application in criminal and civil investigations. Secondly, the present legal framework in India concerning DNA Profiling is discussed to analyze the shortcomings and insufficiency. Thirdly, the judicial approach towards evidentiary value of DNA Profiling is discussed. In the fourth part of the paper, the author has addressed the constitutional challenges to DNA profiling in India and provided suggestions and recommendations to make it more comprehensive and accountable. The paper concludes with the way forward in this legal reformative discourse around DNA profiling. The nature of research is doctrinal and both primary and secondary sources of data comprising of legislations, regulations, debates, research papers, journals, books, newspaper articles and judgments are relied upon by the author.

COMMUNICATIVE ROLE OF A JUDGE: STRATEGIES AND TACTICS OF SPEECH BEHAVIOR IN JUDICIAL DISCOURSE

The article is devoted to the review of scientific concepts of judicial discourse as a kind of legal discourse, analyzes the main communicative roles of a judge in judicial discourse, clarifies the main strategies and tactics of speech behavior characteristic of the communicative role of a judge in judicial discourse. The concept of communicative role is thoroughly characterized by such a scientist as J. Sternin, who divides the communicative role into standard and initiative, and initiative, in turn, is also divided into two groups: short-term (short-term, situational) and long-term (long-term). The main views of modern linguists on the problem of defining judicial discourse are reviewed, in particular, the linguistic aspects of communication in court are thoroughlypresented. The degree of research of the problem in linguistics on studying the problems of legal discourse is analyzed, for example the works of such scientists as N. V. Artykutsa, S. V. Dordy, Yu. F. Pradid, O. L. Dotsenko, O. O. Kobzeva are presented.The focus is on the problem of legal terminology, various aspects of the language of legislation, linguistic issues of legal expertise and features of speech genres of legal discourse.

Addressing a Judge in National Varieties of English

Despite the fact that legal discourse is intended to be clear, precise and unambiguous, in legal terminology there are obvious signs of cultural variability that can be observed not only in different languages, but also in varieties of the same language. Ignorance of cultural differences in legal terminology and legal discourse can lead to serious complications in an intercultural context. This study is limited to terms of reference and forms of address to judges of different levels in the British, Irish, American, Canadian, Australian and New Zealand varieties of English in a courtroom setting. The goal of the study is to analyze the terms of references and forms of address to judges in these varieties of English, identify their similarities and culture specific features and try to find the reasons for the differences. The data were obtained from various sources: dictionaries, legal documents, newspapers, as well as some secondary sources (Brown & Rice 2007, Hickey 2008, McPeake 2010) and Internet resources. They were analysed drawing on studies of pluricentric languages (Clyne 1992, Kloss 1967, Leitner 1992, Muhr & Marley 2015), World Englishes Paradigm (Bolton 2006, 2017; Crystal 2003, Domashnev 2000, Kachru 1985, 1986, 1988, 2008; Low & Pakir 2017, Proshina 2012, 2017, 2019); implementing comparative, semantic, pragmatic, discursive and cultural analysis. To explain some of the results, the legal and political systems of the countries that speak the national varieties of English were analysed. Preliminary results of the study revealed both similarities and differences in the terms of reference and forms of address to judges of various ranks, caused by a nexus of historical, political and social reasons that require further study. Among these, one can note the degree of openness of society to the democratization of its legal system, the country's desire to either follow the traditions established in British judicial discourse, or to demonstrate their uniqueness and independence from the former colonial power. Despite its limited nature, the study provides some new data showing that the lexical and discursive variability observed in the legal sphere contributes to the formation of varieties of pluricentric languages. The results can contribute to the study of pluricentric languages, find application in lexicographic practice, as well as in the teaching of legal English to law students.