International Journal of Law and Policy

Presumption of Innocence in Criminal Justice System

Asad Rao — Thu, 30 Apr 2026 00:00:00 +0300

The presumption of innocence represents the most fundamental guarantee within any fair criminal justice system. Despite its universal recognition in constitutional texts and international human rights instruments, this principle faces persistent and systematic erosion across multiple jurisdictions worldwide. This study examines the theoretical foundations, institutional failures, and procedural weaknesses that collectively undermine effective application of this vital right. Employing qualitative doctrinal and document analysis methodology, the research comparatively evaluates common law and civil law systems to identify where protection succeeds and where it critically fails. Findings reveal that pretrial detention, prosecutorial misconduct, media prejudice, and algorithmic bias represent the most serious contemporary threats. A comprehensive four-pillar legal framework is proposed, addressing procedural reform, prosecutorial accountability, media regulation, and judicial education simultaneously. The study contributes a cross-jurisdictional reform model that connects legal theory directly to institutional practice, offering policymakers, judges, and legal reformers an evidence-based pathway toward genuinely protecting innocence in modern criminal proceedings.

Digital Permanent Establishment, OECD Pillar One, and Source Taxation Erosion in the European Union

Edvardas Juchnevicius — Thu, 30 Apr 2026 00:00:00 +0300

The rapid growth of the digital economy challenges traditional rules of international taxation. Existing tax systems rely on physical presence to determine business taxation rights. However, digital companies earn significant profits without maintaining physical operations in market states. This situation creates gaps between economic activity and taxing jurisdiction under current law. The concept of Digital Permanent Establishment attempts to address this imbalance in taxation authority. It recognizes sustained digital interaction with users as a basis for taxation rights. The OECD introduced Pillar One to reallocate taxing rights toward market jurisdictions fairly. Pillar One focuses on large multinational enterprises generating profits through digitalized business models. It aims to ensure that profits are taxed where users and consumers create value. Source taxation principles therefore regain importance within modern international tax governance frameworks. These reforms seek fairness, prevent profit shifting, and reduce harmful tax competition globally. The study examines legal challenges, implementation barriers, and policy implications of these evolving taxation rules.

The From Breach to Recovery Comprehensive Incident Management in Legal Practice

Anna Ubaydullaeva — Thu, 30 Apr 2026 00:00:00 +0300

Law firms represent high-value targets for cybercriminals because they store extraordinarily sensitive client communications, financial records, and privileged documents. Despite this vulnerability, most small and mid-sized legal practices lack structured incident response frameworks capable of guiding them from initial breach detection through complete recovery. This research developed and tested a comprehensive five-tool incident management system designed specifically for legal professionals without technical backgrounds. The system comprises a seven-phase sequential framework, a time-bound action schedule, a twelve-item crisis checklist, a privilege log decision tree, and a fifteen-question post-breach audit template. Twenty small and mid-sized law firms participated in realistic breach simulations, producing consistently strong performance results across all five tools. Findings confirm that plain-language structured guidance dramatically reduces response errors, accelerates client notification, and preserves attorney-client privilege during active attacks. As global data protection enforcement strengthens, these tools provide legal practitioners with an immediately deployable, professionally defensible foundation for responsible digital crisis management.

Judicial Suo Motu and Activism Constitutional Governance Challenges in Pakistan

Saeed Jamshaid — Thu, 30 Apr 2026 00:00:00 +0300

Judicial Suo motu powers and activism have become central to constitutional governance in Pakistan. This study examines how courts use Suo motu jurisdiction to address governance failures, protect fundamental rights, and influence institutional balance. The research explores whether judicial activism strengthens accountability or creates challenges for separation of powers and democratic governance. A qualitative and doctrinal approach is used, relying on constitutional provisions, landmark judgments, and recent scholarly literature. Findings show that judicial intervention improves rights protection and public trust during political instability. However, it also creates tensions between judiciary, executive, and legislature by expanding judicial authority into policy areas. The study further reveals inconsistent application of standards and growing dependence on courts for governance solutions. Judicial activism is found to be both a safeguard and a structural challenge for Pakistan’s constitutional system. The study highlights the need for clearer legal boundaries and institutional coordination to ensure balanced governance and sustainable constitutional development.

Judicial Independence in Pakistan Executive Interference, Reforms and Rule of Law

Taimoor Abid Rajpoot — Thu, 30 Apr 2026 00:00:00 +0300

Pakistan's judiciary has operated under persistent executive dominance since independence in 1947, undermining the constitutional guarantee of separation of powers under Article 175 of the 1973 Constitution. This study examines how executive interference has shaped the failure of judicial reform efforts and contributed to rule of law deterioration. Employing qualitative doctrinal and document analysis, the research traces historical patterns from the doctrine of necessity through the 18th and 19th Constitutional Amendments to the transformative 26th and 27th Amendments of 2024 and 2025. Findings reveal that appointment manipulation, constitutional reversals, and formal institutionalization of political control have systematically weakened judicial autonomy. The 26th Amendment reduced judges to a minority within their own appointment body, while the 27th Amendment created an executive-controlled Federal Constitutional Court and granted lifetime military immunity. Pakistan urgently requires a transparent, merit-based appointment system aligned with international standards under the ICCPR and UN Basic Principles on the Independence of the Judiciary