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Sanctions are not only central to competition law enforcement for their punitive and deterrent value but are also important indicators of the successful performance of competition law authorities. The Indian and Pakistani competition legislations empower the CCI and CCP to impose both monetary and behavioural sanctions as appropriate, and in the years they have been operational, both authorities have utilised the full range of these powers, albeit with varying success. This chapter examines the penal strategies of the CCI and the CCP as manifested in the sanctions and penalties that they have imposed over time, and argues that these strategies as well as the extent to which the CCI and CCP have succeeded in recovering the penalties are directly impacted by the compatibility and legitimacy generated in the adoption process, and indirectly impacted by the establishment of success of these countries in adopting the competition enforcement infrastructure envisaged in the adopted legislations.
This chapter discusses the provisions of the Act that address character evidence. The term ‘character evidence’ is not defined in the legislation, so that some recourse to the common law is required. However, Part 3.8 of the Act provides a simple mechanism allowing evidence of character to be adduced in criminal proceedings, as follows:
Exclusionary rules that would prevent a defendant from adducing evidence of good character (the hearsay, opinion, tendency and credibility rules) do not apply; and
If the defendant adduces evidence of good character (whether by giving evidence or through the testimony of another witness) then the prosecution, or another defendant, can respond with evidence of bad character (because the same exclusionary rules also do not apply).
This chapter also deals with the interaction of character and credibility evidence, and concludes with a discussion of evidentiary and procedural rules relating to character evidence about complainants and victims, addressed mainly in legislation outside the Act.
How will political sociology help us discern and analyze such changes now and in the next few decades? The future of politics is as uncertain as ever, but a brief overview of the history of political sociology may offer some clues to the theoretical challenges and opportunities ahead. For convenience, we divide the recent history of political sociology into three periods, suggesting that the field is now entering a fourth period with an expanding focus.
Fiona Hum, Monash University, Victoria,Bronwen Jackman, University of New England, Australia,Ottavio Quirico, University of New England, Australia,Gregor Urbas, Australian National University, Canberra,Kip Werren, University of New England, Australia
Fiona Hum, Monash University, Victoria,Bronwen Jackman, University of New England, Australia,Ottavio Quirico, University of New England, Australia,Gregor Urbas, Australian National University, Canberra,Kip Werren, University of New England, Australia