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1
Omara, Andy. "The Constitutionalization of Budget for Education and Its Judicial Enforcement in Indonesia." Constitutional Review 2, no. 2 (2017): 189. http://dx.doi.org/10.31078/consrev222.
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The introduction of provision concerning budget allocation for education in the amended constitution is not a common method in constitutional drafting in Indonesia. This article aims to understanding the background of the inclusion of this provision and its judicial enforcement. It argues that the establishment of this provision closely related to the fact that education was not properly funded. As a result, the quality of education was negatively affected. The constitutionalisation of budget for education opens the possibility to allocate the national budget in this field in a more sustainable way. In addition, by constitutionalizing budget for education, there is a legal avenue available to challenge the government policy if the government fails to fulfill its constitutional obligation. The newly established Constitutional Court has the power to review whether the allocation of national budget for education is consistent with the Constitution. In some judicial review cases on budget for education, the Court took legal approach and also extralegal factors in its rulings.
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Dionisopoulos, P. Allan. "The Use of Judicial Review, 1940's to 1980's." Legal Reference Services Quarterly 5, no. 1 (1985): 105–14. http://dx.doi.org/10.1300/j113v05n01_06.
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Ávila, Ana Paula Oliveira;, and Daniella Bitencourt. "A JURISPRUDÊNCIA DO SUPREMO TRIBUNAL FEDERAL SOBRE O CONTROLE JUDICIAL DO ORÇAMENTO PÚBLICO E A PROTEÇÃO DOS DIREITOS HUMANOS." Revista Brasileira de Filosofia do Direito 3, no. 1 (2017): 18. http://dx.doi.org/10.26668/indexlawjournals/2526-012x/2017.v3i1.1899.
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Este artigo apresenta um panorama da jurisprudência do Supremo Tribunal Federal sobre o controle judicial do orçamento público e a proteção dos direitos humanos enquanto fim do Estado e do direito, especialmente considerando a recente tese fixada sobre o assunto. A questão de saber se é possível conciliar a atividade judicial com o controle de constitucionalidade dos orçamentos públicos é complexa e polêmica. Diante disso, para além de analisar as implicações orçamentárias decorrentes da judicialização dos direitos sociais positivos, o objetivo do presente estudo é analisar a postura do Poder Judiciário (STF) com relação ao próprio orçamento.AbstractThis article presents the evolution on the Brazilian Supreme Court jurisprudence involving public budget review, in the light of the human and fundamental rights promotion as a state’s goal – specially regarding the most recent court’s ruling on this issue. The question regarding the possibility to reconcile judicial review with public budget control is a complex one. In analyzing its complexity, this study aims at the effects that litigation over economic and social rights produces on public budget and what kind of attitude should we expect from the Judiciary regarding public budget planning.
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Ristawati, Rosa, and Radian Salman. "Judicial Independence vis-à-vis Judicial Populism: the Case of Ulayat Rights and Educational Rights." Constitutional Review 6, no. 1 (2020): 110. http://dx.doi.org/10.31078/consrev614.
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Judicial populism may occur when judicial branches are much more influenced by the interest of people majority. In this context, it is when justices deliver decisions according to what the people wanted and not what it has to be decided by laws. The Constitutional Court of the Republic of Indonesia (MKRI) has the pivotal role to protect the Constitution, democracy, and the rule of law principles by adhering judicial independence in the decision making process. This paper aims to briefly find out whether the MKRI decisions on the particular issue of economic and social rights show the tendency of judicial populism and defending judicial independence. A brief conclusion would be drawn from the analysis of the two MKRI’s landmark decisions on the relevant issues of economic and social rights, in particular issues of Ulayat rights and educational rights (Case Number 35/PUU-X/2012 on the judicial review of Law No. 41 of 1999 on the Forest and Case Number No. 13/PUU-VII/2008 on the judicial review of Law No. 16 of 2008 on the Amendment of the Law No. 45/2007 on the State Budget). In a short analysis of both landmark decisions, the MKRI tends to defend its independence in delivering its decision. The Court also shows its consistency in protecting the Constitution by strictly upholding the constitutional values laid down in the Constitution and against the judicial populism. The Court in both decisions shows its constitutional commitment to preserving democratic values of minority-marginalized protection against the dominant-majoritarian interest. In the particular issue of education rights, the Court hinders the fulfilment of educational rights from the elite interest by preserving the constitutional purpose of making priority 20% for the education budget. In general, the MKRI has to guard preventing the Constitution and the rule of law principles, specifically on the issue of the protection of economic-social rights. It upholds judicial independence and put asides judicial populism.
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Vovkivskaya, L. V., and E. V. Savostina. "Analytical review of judicial cases considered with the participation of an antimonopoly body." Russian competition law and economy, no. 1 (March 30, 2020): 92–95. http://dx.doi.org/10.32686/2542-0259-2020-1-92-95.
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The review contains an analysis of the legal positions of the arbitration courts in cases of violation of the antimonopoly legislation regarding the consideration of the following issues: an order of the antimonopoly body on transferring to the budget the income received as a result of violation of the antimonopoly law; non-payment of services received under the contract as an abuse of a dominant position; trust agreement as a condition for the admissibility of an anti-competitive agreement; claims of the antimonopoly body on forcing an economic entity to comply with the instructions of this body.Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.
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Creyke, Robin. "Judicial Review and Merits Review: Are the Boundaries Being Eroded?" Federal Law Review 45, no. 4 (2017): 627–52. http://dx.doi.org/10.22145/flr.45.4.7.
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Courts and tribunals have distinct roles within the Australian administrative law system at the federal level, and to a lesser extent, in the states and territories. Questions of law are for the courts, and questions of fact are for the executive and tribunals. From time to time this orthodoxy is questioned. Suggestions are made that the courts are increasingly tending to intrude into the province of tribunals. Using cases as illustrations, this article explores five relevant jurisdictional areas —from appeals on a question of law to deference under the Administrative Decisions (Judicial Review) Act 1977 (Cth) s 10(2)(b)(ii)—to test the accuracy of the suggestion.
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Baer, Susanne. "Who cares? A defence of judicial review." Journal of the British Academy 8 (2020): 75–104. http://dx.doi.org/10.5871/jba/008.075.
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For a long time, politicians and scholars and even judges have criticised national and international courts with the competence of judicial review of legislative and executive powers. The defence usually relies on more or less abstract notions of the rule of law. This article, however, argues that at the heart of the matter are people, as protected by fundamental rights. Critical approaches to the law and studies in comparative constitutionalism allow us to understand why judicial review matters, namely: to whom. From that point of view, judicial review is not just a debatable idea, but it is about, specifically, children and women, non-patriarchal men and social and cultural minorities, poor people and others who are excluded. These are people in need of courts. For people, the rule of law is not just another concept of how things may be run, but is a protective device against arbitrariness, or outright hostility, of political majorities. Way beyond a reference to Germany�s history, judicial review is a �never again� to law as an empty promise.
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Dvoryanchikov, N. V. "Book review prof. F. S. Safuanov "Forensic psychological examination"." Psychology and Law 5, no. 3 (2015): 106–9. http://dx.doi.org/10.17759/psylaw.2015050310.
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The book is a unique publication that combines monographic presentation of the material and didactic structure of the text, characteristic of the teaching AIDS. It can be noted that the presented work is the first textbook on forensic examination for psychologists and the only Handbook covering virtually all aspects of judicial-psychological examination. The book is filled of presentation and broad coverage of the problematic areas identified in it.
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Susanto, Mei. "Kewenangan Mahkamah Konstitusi sebagai Negative Budgeter dalam Pengujian Undang-Undang Anggaran Pendapatan dan Belanja Negara." Jurnal Konstitusi 14, no. 4 (2018): 728. http://dx.doi.org/10.31078/jk1442.
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Doktrin Mahkamah Konstitusi (MK) yang dahulu dipercaya hanya sebagai negative legislature telah bergeser menjadi positive legislature. Menjadi pertanyaan, apakah doktrin MK sebagai negative legislature maupun positive legislature, dapat pula dimaknai sebagai negative budgeter dan positive budgeter dalam pengujian Undang-Undang Anggaran Pendapatan dan Belanja Negara (UU APBN). Berdasarkan hasil kajian konseptual dan pendalaman terhadap beberapa putusan MK dalam pengujian UU APBN, secara nyata dan dalam keadaan tertentu, doktrin MK sebagai negative legislature dapat dimaknai sebagai negative budgeter dalam bentuk pernyataan mata anggaran tertentu dalam UU APBN bertentangan dengan UUD 1945. Bahkan dapat pula dimaknai sebagai positive budgeter karena MK juga mengharuskan pemerintah dan DPR untuk menambahkan mata anggaran tertentu dalam UU APBN. Hal tersebut tidak lain sebagai bentuk diakuinya supremasi konstitusi, sehingga MK yang berperan sebagai the guardian constitution harus menjaganya. Apalagi dalam UUD 1945 terdapat pasal yang spesifik menyebut batas minimal anggaran pendidikan 20% dan pasal-pasal lain yang mengharuskan APBN harus dipergunakan untuk sebesar-besarnya kemakmuran rakyat.The doctrine of the Constitutional Court which was previously believed to be only as a negative legislature has shifted into positive legislature. The question, is the doctrine of the Constitutional Court as a negative legislature and a positive legislature can also be interpreted as a negative budgeter and a positive budgeter in the judicial review of the State Budget Law. Based on the result of conceptual study and deepening of several decisions of the Constitutional Court in the judicial review of the State Budget Law, in real and in certain circumtances, the doctrine of the Constitutional Court as a negative lagislature can be also interpreted as a negative budgetary in the form of specific budget items in the State Budget Law contradictory to the 1945 Constitution. Also as a positive budgeter because the Constitutional Court requires the executive and the legislative to add a specific budget in the State Budget Law. It is a form of recognition of constitutional supremacy, so that the Constitutional Court can role as the guardian constitution. Moreover in the 1945 Constitution there is a specific article that mentions the minimum limit of 20% education budget and other articles that require the state budget should be used for the greatest prosperity of the people.
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Sukmariningsih, Retno Mawarini. "EXAMINING CONSTITUTIONAL AWARENESS AND STRENGTHENING JUDICIAL INTEGRITY." Yustisia Jurnal Hukum 7, no. 3 (2018): 443. http://dx.doi.org/10.20961/yustisia.v7i3.24722.
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<p>This article is aimed to review constitutional awareness and decision-strengthening practice in judicial institutions. As it turns out in practice, however, the legal decisions are still debatable in reality. The practice of abuse of authority in the judiciary tends to damage the pillars of the judiciary and result in a decline in trust and certainly the authority of the judiciary against society. It is a normative legal research (doctrinal research). The approach used is qualitative analysis and the application of legislation. The results of research indicate that the strengthening of the judge’ decision can be started from the quality of decision through a comprehensive and mind-opened dimension, so that it is necessary to increase the pattern of development not only by the judges but also by all relevant stakeholders such as the Secretariat General and the Registrar Apparats. The focus of development is not only about knowledge but also it was conducted from all aspects such as mental and spiritual development that conducted continuously. The consequences of providing sufficient budget to realize it and in its implementation are conducted with full responsibility.</p>
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JI, Weidong. "The Rule of Law in a Chinese Way: Social Diversification and Reconstructing the System of Authority." Asian Journal of Law and Society 1, no. 2 (2014): 305–38. http://dx.doi.org/10.1017/als.2014.9.
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AbstractAgainst the background of increasing social diversification in a market economy, this paper examines the challenges confronting China’s existing power structure and system of authority. Both to overcome the legitimation crisis of ruling and to achieve a soft landing of the political reform depend on reconstructing the authority of the rule of law through judicial reform as the breakthrough point. For this very reason, the top-level design of regime transition can follow a two-step strategy of building a rule of law country first, to be followed by restructuring power, so as to achieve democracy via the rule of law. It also proposes a conception to institutionalize the rule of law, emphasizing that the alternative three-review mechanism is both necessary and feasible, in that a top-level design of judicial review can contribute to our strivings for judicial fairness, an implementation of budget review and accountability review at the grassroots level for fiscal democracy, and the synergy of high-level and grassroots powers for a virtuous circle between the rule of law authority and democratic polity in mutual enhancement. There also comes the moment for plural efforts to both drive and achieve the rule of law based on the three-review mechanism.
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Amin, M. Sholihuddin. "Judicial Review Tap MPR RI terhadap Undang-Undang Dasar (UUD) 1945 Menurut Jimli Assdiddiqie." al-Daulah: Jurnal Hukum dan Perundangan Islam 4, no. 01 (2014): 193–219. http://dx.doi.org/10.15642/ad.2014.4.01.193-219.
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Abstract: This article discusses about Jimli Asshiddiqie thinking about of MPR RI judicial review against the Constitution 1945. According to Jimli Asshiddiqie, eighth of Tap MPR/S is must be considered equivalent position with the law, because in our legal system was no longer recognized the existence of law products above the law, even though the form of law not the Consideration, but materially eighth of Tap MPR RI is Law. And when the Decree of MPR/S assessed has caused the loss of constitutional rights of certain parties, it can be requested testing (judicial review) in the Constitutional Court, as a constitutional test case stipulated in Law No. 24 of 2003 about Constitutional Court. In political jurisprudence perspective, authority of the Constitutional Court in resolving cases of judicial review Tap MPR against the Constitution 1945 as Jimli Asshiddiqie thought, has some similarities with the agency wilayah mazalim, the authorities is investigate and examine cases public beneficiaries are that can’t be carried by hisbah officers. In a formal legal framework in Indonesia, wilayah mazalim can be equated to the Constitutional Court.Keywords: Judicial review, MPR, Jimli Asshiddiqie, political jurisprudence
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Hall, Mark A. "The Affordable Care Act's Day(s) in Court." Journal of Law, Medicine & Ethics 44, no. 4 (2016): 576–79. http://dx.doi.org/10.1177/1073110516684789.
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This article reviews the primary avenues of judicial challenge to the ACA, focusing on those that have reached, or have the potential to reach, the Supreme Court. The review demonstrates how deep-seated public policy opposition can be expressed through litigation.
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Ogujiuba, Kanayo, and Omoju Sola . "Medium Term Expenditure and Fiscal Management in Nigeria: A Review of the (2005-2008) Framework." Journal of Economics and Behavioral Studies 5, no. 5 (2013): 291–306. http://dx.doi.org/10.22610/jebs.v5i5.405.
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The Medium Term Expenditure Framework (MTEF) provides the link between policy priorities and the budget. Given that in developing countries in general, and in Nigeria in particular, there is a disconnection between planning, policy and the budget, the MTEF has increasingly been regarded as central to public expenditure reforms. The objectives of this paper are to review the MTEF and budget performance in Nigeria for the period 2005-2008, and identify the challenges undermining the effective operation of the budgetary processes. The paper gathered that the MTEF is the bridge between the national development plan, its underlying policies and the annual budget. Analysis of available data on budget performance during the review period shows that public finance in Nigeria have not been operated within the specifications of the MTEF and the budget, and the priorities expressed in the budget are not always in sync with national objective plans. Some of the identified challenges to effective public expenditure management in Nigeria include lack of citizen’s participation in the process, the bureaucratic and inefficient nature of the civil service, large scale corruption, lack of proper coordination between the national development plan and budget, lack of adequate reforms in other key budget areas, such as execution, monitoring and reporting, lack of political commitment, and lack of adequate coordination between the national and sub-national governments.
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Petrov, Jan. "The populist challenge to the European Court of Human Rights." International Journal of Constitutional Law 18, no. 2 (2020): 476–508. http://dx.doi.org/10.1093/icon/moaa027.
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Abstract This article analyzes the European Court of Human Rights (ECtHR) from the perspective of the recent extraordinary wave of populism in Europe. It argues that populism poses a serious and distinctive challenge to the ECtHR since supranational judicial review is at odds with the populist ideology. What makes the populist challenge distinctive is the combination of the ideological basis of populism, its wide appeal and capacity to reach ordinary people, and populists’ tendency to remove limitations on their power. With respect to the last point, the article introduces a categorization of anti-court techniques and takes stock of the ECtHR’s institutional setting. It concludes that although the situation is not perfect—the budget and judicial selection are especially problematic—the ECtHR is rather well insulated from eventual attacks targeting its structural features or the judicial personnel. However, including the ECtHR in the “narrative of blame,” populism is very strong in another anti-court strategy—achieving gradual erosion of a court through delegitimization. That is particularly threatening for the ECtHR due to its vulnerability to legitimacy challenges manifested in the past decade. As a result, the populist challenge will likely require careful management of the ECtHR’s social legitimacy.
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Gumbira, Seno Wibowo, Ratna Nurhayati, and Purwaningdyah Murti Wahyuni. "THE IMPLICATIONS OF EXPANDING THE AUTHORITY OF THE PRETRIAL POST-VERDICT JUDICIAL REVIEW OF THE CONSTITUTIONAL COURT IN DECIDING WHETHER IT IS A VALID DETERMINATION OF THE SUSPECT AGAINST LAW ENFORCEMENT AND THE PROTECTION OF THE RIGHTS OF THE SUSPECT." Yustisia Jurnal Hukum 7, no. 1 (2018): 130. http://dx.doi.org/10.20961/yustisia.v0i0.19014.
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The purpose of this study is to determine whether there are implications of expanding the authority of the pretrial post-verdict judicial review of Constitutional Court in deciding whether it is a valid determination of the suspect against law enforcement and the protection of the rights of the suspect. This research belongs to normative research. The results of this study explain that the interpretation method used in pretrial decision No:04/Pid.Prap/2015/PN.Jak.Sel is the method of discovery of analogy interpretation law (argumentum per analogiam) is wrong, while the legal interpretation method used in the judicial review judgment of the Constitutional Court of the Republic of Indonesia Number 21 / PUU-XII / 2014 is the historical interpretation method (historiche intepretatie) the problem namely, the Constitutional Court has exceeded its original function that is negative legislator became positive legislators form or add a new norm. So that raises the problem that is contrary to the principles of the criminal justice system that is the principle of quick and simple and low budget justice and the principle of litis finiri oportet also inhibits the process of law enforcement settlement.
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Cortesi, Paolo Angelo, Giancarlo Castaman, Gianluca Trifirò, et al. "Cost-Effectiveness and Budget Impact of Emicizumab Prophylaxis in Haemophilia A Patients with Inhibitors." Thrombosis and Haemostasis 120, no. 02 (2019): 216–28. http://dx.doi.org/10.1055/s-0039-3401822.
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AbstractRecent evidence demonstrated that weekly prophylaxis with subcutaneous bispecific antibody (emicizumab) has shown higher efficacy in adolescent and adults patients affected by haemophilia A (HA) with inhibitor, compared with patients treated on demand or on prophylaxis with bypassing agents (BPAs). However, no economic evaluations assessing the value and sustainability of emicizumab prophylaxis have been performed in Europe. This study assessed the cost-effectiveness of emicizumab prophylaxis compared with BPA prophylaxis and its possible budget impact from the Italian National Health Service (NHS) perspective. A Markov model and a budget impact model were developed to estimate the cost-effectiveness and budget impact of emicizumab prophylaxis in HA patients with inhibitors. The model was populated using treatment efficacy from clinical trials and key clinical, cost and epidemiological data retrieved through an extensive literature review. Compared with BPAs prophylaxis, emicizumab prophylaxis was found to be more effective (0.94 quality adjusted life-years) and cost saving (–€19.4/–€24.4 million per patient lifetime) in a cohort of 4-year-old patients with HA and inhibitors who failed immune tolerance induction. In the probabilistic sensitivity analysis, emicizumab prophylaxis had always 100% probability of being cost-effective at any threshold. Further, the use of emicizumab prophylaxis was associated to an overall budget reduction of €45.4 million in the next 3 years. In conclusion, the clinically effective emicizumab prophylaxis can be considered a cost-saving treatment for HA with inhibitor patients. Furthermore, emicizumab treatment is also associated to a significant reduction of the health care budget, making this new treatment a sustainable and convenient health care option for Italian NHS.
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Lima, Flavia Danielle Santiago. "PROTECTING POLITICAL RIGHTS OR INTERFERING IN THE POLITICAL ARENA?" HUMANITIES AND RIGHTS GLOBAL NETWORK JOURNAL 2, no. 2 (2020): 164–207. http://dx.doi.org/10.24861/2675-1038.v2i2.24.
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The interactions between legal and political system has been strengthened in recent years, especially through judicial review, with the transference to Courts of themes that define and divide a political system. In brazilian case, in the absence of legislative deliberation some of these discussions are forwarded Brazilian courts, who gave controversial decisions about “mega politics”. So, the research´s question “” is the Brazilian Federal Supreme Court (re) building electoral legislation, as a manifestation of judicial activism, interfering in mega politics?The study starts from a theoretical approach, with the deductive method, combined with a qualitative case analysis about courts´s decisions regarding party loyalty, coalition verticalizations, threshold clauses and the rights of legislative minorities, and political donations. Therefore, the research is supported by a bibliographical and documentary survey. Based on the methodological approach of Judicial Politcs, the legal protection of fundamental political rights and the structure of the Brazilian strong judicial system are described (Normative Theory), and evaluated the motivations of legal decisions, taking into account judicialization as exercise of a political activity (Positive Theory).
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Waller, Jacob. "Gone but not Forgotten: In Defence of Hickman." Federal Law Review 46, no. 2 (2018): 259–85. http://dx.doi.org/10.1177/0067205x1804600204.
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Judicial review of executive action is the stage upon which all three arms of government engage in stark interplay. The High Court, by virtue of s 75(v) of the Constitution, is vested with supervisory jurisdiction to undertake judicial review of executive action and to grant the constitutional writs of mandamus, prohibition and injunction. However, for centuries, legislatures have enacted privative clauses designed to limit the ability of courts to perform this function, thereby unshackling the executive from judicial restraint. In 1945, the authoritative approach in Australia to construing such clauses was established in the case of Hickman. This approach was substantially overturned by the High Court in 2003 in the case of Plaintiff S157. In this much lauded case, the High Court recognised that s 75(v) amounts to an ‘entrenched minimum provision of judicial review’ and constitutes ‘textual reinforcement’ of the rule of law. Notwithstanding this strong stance, by 2008 the High Court had given effect to a so-called no-invalidity clause which, although conceptually different from the privative clause, enabled Parliament to evade the reach of the High Court's constitutional jurisdiction. This paper seeks to defend Hickman on its own terms, arguing that it is consistent with the modern jurisprudence on statutory interpretation. It then proceeds to criticise the soundness of Plaintiff S157. Finally, it claims that a return to Hickman represents the best way in which to construe no-invalidity clauses.
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Hong, L. Jeff, Weiwei Fan, and Jun Luo. "Review on ranking and selection: A new perspective." Frontiers of Engineering Management 8, no. 3 (2021): 321–43. http://dx.doi.org/10.1007/s42524-021-0152-6.
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AbstractIn this paper, we briefly review the development of ranking and selection (R&S) in the past 70 years, especially the theoretical achievements and practical applications in the past 20 years. Different from the frequentist and Bayesian classifications adopted by Kim and Nelson (2006b) and Chick (2006) in their review articles, we categorize existing R&S procedures into fixed-precision and fixed-budget procedures, as in Hunter and Nelson (2017). We show that these two categories of procedures essentially differ in the underlying methodological formulations, i.e., they are built on hypothesis testing and dynamic programming, respectively. In light of this variation, we review in detail some well-known procedures in the literature and show how they fit into these two formulations. In addition, we discuss the use of R&S procedures in solving various practical problems and propose what we think are the important research questions in the field.
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Letuta, Tatyana V., and Elena V. Mischenko. "Prevention of Damage to the Environment in the Regional Judicial Practice." Ecological law 5 (November 5, 2020): 21–25. http://dx.doi.org/10.18572/1812-3775-2020-4-21-25.
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The article proposes the author`s approach to the solution of the issue of the efficiency of the use of the damage prevention institution in practice. The authors review the regional practice of application of administrative suspension, civil law termination and prohibition of activities of environmental law breachers. Various protection means are compared. The authors conclude that administrative suspension of activities aimed at fulfillment of its main function of interception of environmental offenses requires the law to be supplemented in terms of cases on the need for immediate offense repression. The paper justifies the expediency of application of the presumption of offender`s guilt in effect in respect of other misdeeds provided in the Civil Code of the Russian Federation. Prevention of damage to the environment as a complex legal institution needs its implementation mechanisms to be improved in practice.
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Hunt, Adrian. "The Director General of Telecommunications and Judicial Review: reflections on the Cellcom case." Utilities Law Review 10, no. 6 (1999): 291–301. http://dx.doi.org/10.1002/(sici)1099-1808(199911/12)10:6<291::aid-ulr150>3.0.co;2-s.
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Susanto, Mei. "Wacana Menghidupkan Kembali GBHN dalam Sistem Presidensil Indonesia." Jurnal Penelitian Hukum De Jure 17, no. 3 (2017): 427. http://dx.doi.org/10.30641/dejure.2017.v17.427-445.
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Penelitian ini membahas wacana menghidupkan kembali GBHN sebagai pedoman perencanaan pembangunan nasional yang sering dibenturkan dengan sistem presidensil. Permasalahan yang diteliti, pertama bagaimana bentuk hukum GBHN yang tidak bertentangan dengan sistem presidensil? Kedua, bagaimana implikasi hukum pelanggaran GBHN oleh Presiden sesuai sistem presidensil? Dengan menggunakan metode penelitian hukum normatif, penelitian ini memperoleh kesimpulan GBHN tidak selalu bertentangan dengan sistem presidensil dengan cara menempatkannya dalam konstitusi. Bentuk hukum GBHN dalam konstitusi membuat perencanaan pembangunan nasional tidak menjadi domain presiden saja tetapi hasil kesepakatan bersama sesuai dengan basis sosial masyarakat Indonesia yang majemuk. Pelanggaran GBHN tidak dapat berimplikasi pada pemberhentian Presiden, karena GBHN masih bersifat panduan yang mengikat secara moral. Pranata hukum untuk mengevaluasi pelanggaran GBHN, dapat melalui MPR dengan memerintahkan DPR untuk menggunakan hak budget parlemen secara efektif atau Mahkamah Konstitusi melalui judicial review ataupun constitutional complaint. Penghidupan GBHN ini dapat dilakukan dengan melakukan perubahan UUD NRI Tahun 1945 oleh MPR.
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Burton, Lisa. "Why These Three? the Significance of the Selection of Remedies in Section 75(V) of the Australian Constitution." Federal Law Review 42, no. 2 (2014): 253–77. http://dx.doi.org/10.22145/flr.42.2.2.
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Section 75(v) of the Australian Constitution gives the High Court original jurisdiction to hear ‘all matters … in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth.’ This is said to guarantee the Court's ability to ensure that officers of the Commonwealth act within the law. Yet the s 75(v) jurisdiction is clearly limited. The Court is not authorised to hear all matters in which it is alleged that an officer of the Commonwealth has acted unlawfully; it is only given jurisdiction to hear matters in which a (somewhat surprising) selection of remedies are sought. This is confusing in itself, and it has caused broader confusion about the purpose and scope of this important constitutional provision. This article examines the historical ambit of the judicial review remedies and evidence from the Constitutional Convention Debates in order to determine why s 75(v) only gives the High Court jurisdiction to hear matters in which mandamus, prohibition and injunction are sought, and the significance of this for judicial review under the Australian Constitution.
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Leitão, Rômulo Guilherme, and Alessandro Samartin de Gouveia. "Escolha regulatória, controle judicial e a nova LINDB." Revista de Direito Administrativo 278, no. 2 (2019): 97. http://dx.doi.org/10.12660/rda.v278.2019.80051.
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<p>Este artigo trata da escolha regulatória e do controle pelo Judiciário dos atos dela decorrentes à luz da Lei de Introdução às Normas do Direito Brasileiro (LINDB). O objetivo geral é verificar como deve se pautar o julgador na discussão da validade de atos normativos da agência reguladora em processos comuns e, para esse fim, analisa-se o poder regulatório da agência no Brasil, a escolha regulatória como categoria jurídica singular, sua competência normativa e o posicionamento do Supremo Tribunal Federal sobre o assunto, especialmente as ADIs no 4.874 e 5.906; examina-se, ainda, a legalidade como princípio constitucional construído a partir de sua evolução, sua crise e sua definição na Constituição de 1988; e, por fim, investiga-se o controle judicial dos atos normativos consequentes de escolhas regulatórias, em hipóteses de controle concentrado e difuso de constitucionalidade, sendo este último o ambiente em que os arts. 20, 21, 23, 24 e 27 da Lei no 13.655, de 25 de abril de 2018, encontram melhor espaço para suas aplicações.</p><p> </p><p>This article deals with the regulatory choice and the Brazilian system of judicial review of the acts arising therefrom in light of the new Brazilian law´s interpretation (LINDB). The general objective is to verify how the judge should be guided in the discussion of the validity of regulatory acts of the regulatory agency in common proceedings and, for this purpose, the regulatory power of the agency in Brazil is analyzed, the regulatory choice as a unique legal category, its regulatory competence and the position of the Federal Supreme Court on the matter, especially the ADIs no. 4.874 and 5.906; it also examines legality as a constitutional principle built on its evolution, its crisis and its definition in the 1988 Constitution; and, finally, it investigates the judicial review of normative acts resulting from regulatory choices, in cases of concentrated and diffuse judicial review of constitutionality, the latter being the environment in which Articles 20, 21, 23, 24 and 27 of Law No. 13.655, of April 25, 2018, find better space for its applications.</p>
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Bakhchyvanzhy, Aliona. "COMMUNICATIVE ROLE OF A JUDGE: STRATEGIES AND TACTICS OF SPEECH BEHAVIOR IN JUDICIAL DISCOURSE." Odessa National University Herald. Series: Philology 25, no. 2(22) (2020): 7–15. http://dx.doi.org/10.18524/2307-8332.2020.2(22).235152.
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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.
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Alder, John. "Hunting the Chimera–the end of O'Reilly v Mackman?" Legal Studies 13, no. 2 (1993): 183–203. http://dx.doi.org/10.1111/j.1748-121x.1993.tb00480.x.
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The rule in O’Reilly u Mackman is well known. As a result of Lord Diplock’s speech in that case, the scope of the application for judicial review procedure under s 31 of the Supreme Court Act 1981 and RSC Ord 53, has been dominated by attempts to distinguish between public and private law. According to Lord Diplock, public law cases must normally be pursued under the special Ord 53 procedure whereas private law cases even though involving substantive principles of judicial review must be pursued in ordinary courts. There are also hybrid cases - chimeras which combine features both of public and private law. In such cases the challenger is apparently free to proceed either under Ord 53 or by way or ordinary action or defence. These hybrids are not easy to reconcile with the purposes and policies behind the O’Reilly rule.
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Lynch, Stephen M. "A Framework for Judicial Review of an Agency's Statutory Interpretation: Chevron, U. S. A., Inc. v. Natural Resources Defense Council." Duke Law Journal 1985, no. 2 (1985): 469. http://dx.doi.org/10.2307/1372361.
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Cohen, Jeffrey C. "The European Preliminary Reference and U. S. Supreme Court Review of State Court Judgments: A Study in Comparative Judicial Federalism." American Journal of Comparative Law 44, no. 3 (1996): 421. http://dx.doi.org/10.2307/840496.
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Rogach, T. "Judicial review of the European Commission"s decisions in the field of merger control: lessons to be learned for Ukraine." Актуальні проблеми міжнародних відносин, Вип. 100, (ч. 1) (2011): 224–33.
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Kashkimbayev, S. B., and A. N. Zhakupov. "Effective budgeting as a priority of the company›s development." Economics: the strategy and practice 16, no. 2 (2021): 46–53. http://dx.doi.org/10.51176/1997-9967-2021-2-46-53.
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In the modern world, in the conditions of economic instability and fierce competition, companies need to have effective tools that can provide an opportunity to study the current financial condition, compare cash inflows and outflows, approve the right decisions that contribute to the subsequent formation and development of the enterprise, as well as optimize management costs. In a company, such an important tool for financial planning, as well as control, is budgeting.This article discusses the tasks, goals, methods, disadvantages and advantages of budgeting, illustrates the full continuous cycle of budget management and the stages of development of the concept of budgeting. In addition to the theoretical aspects, the article considers the empirical and methodological aspects. The purpose of this article is to generalize the theoretical provisions and develop the organizational and methodological aspects of the application of budgeting and the impact of effective budgeting on the development of the overall company. The article uses complex and systematic approaches to the processes and phenomena under study, which is achieved through the methods of analysis and synthesis, review and collection of information, statistical analysis, scientific abstraction and visualization.In the conclusion of the article, the conclusions are made, that a properly formed concept of budgeting, improvement of methods and elements of the budget process will make it possible to manage the capital, as well as a single commercial, and the company as a whole, establishing the sequence of business types, terms and trends of restructuring. This will allow the owners of companies to adapt their business in time to all possible changes in market conditions.
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Dana, Suman, Isai Ramakrishna, and Mahiuddin Baidya. "Ambident Reactivity of Nitroso Compounds for Direct Amination and Hydroxylation of Carbonyls." Synthesis 49, no. 15 (2017): 3281–90. http://dx.doi.org/10.1055/s-0036-1590793.
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Functionalization of carbonyls, particularly with a heteroatom subunit, is an important synthetic transformation. Utilization of ambident electrophiles for such a strategy is advantageous because two different heteroatom units can be installed from a single source under judicial reaction conditions. Recently, there have been increased examples for the construction of C–O and C–N bonds using nitroso compounds, a prototype of ambident electrophiles. In this short review, we discuss the advantages and challenges of exploiting nitroso compounds in organic synthesis with specific focus on nitroso aldol type processes for the direct hydroxylation and amination of carbonyl compounds.1 Introduction2 Prime Challenges in Nitroso Aldol Reactions3 Direct Hydroxylation Reactions4 Direct Amination Reactions5 Conclusion and Outlook
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Wijaya, Sulardi. "Problematic MPR Decree Post Reform and After The Issuance of Law No. 12 of 2011." Rechtsidee 2, no. 1 (2015): 53. http://dx.doi.org/10.21070/jihr.v2i1.6.
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The existence of Tap. MPR Post 1945 Amandement to the issuance of Law No. 12 of 2011 has given an opportunity for the Assembly to create a new Tap. MPR outside from the valid one. At the time how judicial review of laws that conflict with the Tap. MPR, and how judicial review of the Tap. MPR are contrary to the Constitution is necessary to realize justice and balance. One of the powers of the Constitutional Court (MK) in paragraph C of Article 24 (1) Constitution of 1945 is hear at the first and the last with a final decision to the laws of Constitution. So if there are laws that conflict with the MPR or MPR and contrary to the Constitution, the authority to test the authority of the Constitutional Court instead. How To Cite: Wijaya, S. (2015). Problematic MPR Decree Post Reform and After The Issuance of Law No. 12 of 2011. Rechtsidee, 2(1), 53-64. doi:http://dx.doi.org/10.21070/jihr.v2i1.6
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McDowell, Gary L. "Coke, Corwin and the Constitution: The “Higher Law Background” Reconsidered." Review of Politics 55, no. 3 (1993): 393–420. http://dx.doi.org/10.1017/s0034670500017605.
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In recent years the debate over the nature and extent of judicial power in the United States has been dominated by questions concerning moral theory, unwritten constitutions, and natural law. In a significant sense, the contemporary discussion is but the continuation of the theory of judicial review first put forth by Edward S. Corwin in 1910–1911; it was this theory that the “higher law background” of American constitutional law derived from the dicta of Sir Edward Coke's opinion in Bonham's Case (1610) that was given its most complete expression in Corwin's famous two-part article in the Harvard Law Review in 1928–29. The fact is, the influence of Coke's opinion in Bonham's Case came from within the scholarly world; its significance stems not from history but from the historians; it was largely Corwin's creation. This paper seeks to correct the record and to show the deficiencies of Corwin's understanding about the relationship of the “higher law” to the American Constitution.
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HUDA, Mokhamad Khoirul, Agus Yudha HERNOKO, and Ridwan KHAIRANDY. "The Characteristics of Non-Litigation Resolution for Life Insurance Lawsuit in Indonesia." Journal of Advanced Research in Law and Economics 8, no. 8 (2018): 2419. http://dx.doi.org/10.14505//jarle.v8.8(30).12.
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This study analyzed the characteristics of non-litigation resolution for life insurance lawsuit in Indonesia. The result found that the non-litigation solution for life insurance lawsuit in Indonesia must be through Department of Mediation and Arbitration of Insurance (in Indonesia, known as BMAI). When the mediation -as the legal action from a costumer- was objected, the lawsuit would proceed to the adjudication. When the customer won on this adjudication level, the insurance company was then obligated to do some payment as mentioned on the insurance policy. Furthermore, when the legal action of a customer was objected, the customer was then free to do an arbitrage legal action. The arbitration was final and had fixed legal power. Thus, any appeal, cassation, or judicial review could not be held. The solution for life insurance lawsuit through BMAI has several characteristics such as quick in procedures, dynamic, innovative, cheap, and low budget. In addition, the dispute solution through BMAI is confidential, quick in time, and supported by some experts on related types of lawsuit, thus, it may result in fair judgment.
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Wentworth, Paul. "Minister for Aboriginal Affairs v Peko-Wallsend LTD." Federal Law Review 16, no. 4 (1986): 386–97. http://dx.doi.org/10.1177/0067205x8601600404.
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Aboriginals - Land Rights - Administrative Law - Inquiry by Aboriginal Land Commissioner - Party not disclosing information to inquiry - Ex parte representations to Minister by party detrimentally affected - Failure to take into account relevant considerations - Obligation of Minister to have regard to exparte representation - Constructive knowledge of Minister of matters within his departmenrs knowledge - Aboriginal Land Rights (Northern Territory) Act 1976 (C'th) ss 11, 50 Administrative Decisions (Judicial Review) Act 1977 (C'th) s 5(2)(b).
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Berestova, Iryna, and Galyna Yurovska. "THE CONSTITUTIONAL COURT IN THE MECHANISM OF DOMESTIC REMEDIES IN STATES WITH DIRECT ACCESS TO CONSTITUTIONAL JUSTICE: OPERATIONAL AND ECONOMIC ASPECTS." Baltic Journal of Economic Studies 6, no. 1 (2020): 18. http://dx.doi.org/10.30525/2256-0742/2020-6-1-18-25.
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This article studies the legal status and the performance of the Constitutional Court (hereinafter referred to as the CC). The experience of States with direct access to a body of constitutional jurisdiction enables to distinguish the CC's position in the system of State jurisdictions (with particular economic justification of its activity) and to substantiate its role in the mechanism of domestic remedies. The aim of the article is to reveal the CC's place in the mechanism of domestic remedies of States with centralized constitutional review and direct access to constitutional justice on the part of effective protection of the applicants’ rights and the state budget in the formation of judicial remedies. Methodology. The leading methods of the article are correlation, comparativelegal, dialectical and technical logic methods of research, etc. They enable to compare and contrast international standards in the field of legislation of different European States, to reveal the nature of constitutional and legal conflicts and specifics of the constitutional procedure for the CC’s cases. These problems are also investigated using the method of synthesis of financial justification of the activities of the bodies of constitutional jurisdiction and the effectiveness of the results of their activities in the protection of rights and freedoms of an individual and a citizen. This enables to formulate further development and suggestions for improving the legal regulation of the CC’s activities in the States that have recently begun to implement this instrument of protecting constitutional human rights and freedoms. The key results of the study. It is proven that the CC is a specific body that is the last at the national level to exercise exceptional special powers aimed at protecting human rights and fundamental freedoms. The role of the CC in the system of domestic remedies is revealed. The CC is an autonomous body of constitutional jurisdiction with a constitutional status, independent of the executive and legislative branches. It is substantiated that the CC is factually affiliated to the judicial authorities engaged in jurisdiction. It is proven that the CC's activities are characterized by judicial independence, combined with the powers of the CC judges to decide legal matters within its constitutional jurisdiction. Cases are judicial in nature, and the CC considers them on the rule of law. The decisions adopted shall be mandatory (binding) and shall not be altered by other branches of government. The main functions of the body of constitutional jurisdiction are distinguished into quasi-judicial, cognitive and evaluative, harmonizing. The consistent universal approach of the European Court of Human Rights (hereinafter referred to as ECHR) states that the notion of "court" does not necessarily mean classical jurisdiction, integrated into the judicial system of the state. Finally, the article proves the requirement of recognizing the CC as a “court established by law” essentially and functionally. Consistent approaches and criteria for defining the notion of "court established by law" formulated by the UN Committee on Human Rights and the ECHR's case-law prove that the CC can be identified as the last mandatory domestic remedy before applying to international judicial institutions, subject to the criterion of an effective remedy, formulated by the ECHR's caselaw during proceedings in the CC.
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Ríos-Figueroa, Julio. "Judicial Review as Political Insurance: Argentina, Peru, and Mexico in the 1990s. By Jodi S. Finkel. (University of Notre Dame Press, 2008.)." Journal of Politics 71, no. 3 (2009): 1199–200. http://dx.doi.org/10.1017/s002238160909104x.
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Sanderson, Susie. "If I close my eyes, no one can see me." Faculty Dental Journal 6, no. 2 (2015): 70–73. http://dx.doi.org/10.1308/rcsfdj.2015.6.2.70.
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In the January 2015 issue of the FDJ, I reflected on the then forthcoming judicial review brought by the British Dental Association (BDA) of the General Dental Council (GDC)’s annual retention fee (ARF) consultation. 1 Disquiet about the situation (which has become known in social media circles as the #ARFhike) had created a level of concern about the competence of the GDC and a breakdown of trust of the profession in its regulator, unheard of in previous times. This article seeks to provide an update.
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Alves de Castro, Charles. "An Empirical Research Framework on Digital Marketing Consultancy: The Case of Marcheluzzo Srl." Revista de Ciências Gerenciais 24, no. 39 (2020): 06–12. http://dx.doi.org/10.17921/1415-6571.2020v24n39p06-12.
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AbstractDrawing from the integrated areas of internal consultancy in marketing, advertising budget, and digital marketing, this empirical research aims to examine the company Marcheluzzo`s off-line advertising budget focused on the Brazilian market to combine on-line advertising investments in a new expense budget plan for 2021. A comprehensive analysis of the literature review demonstrates the importance of digital marketing strategies in a B2B - (business-to-business) context within the Brazilian market, covering both their benefits and challenges. The literature review filled and discussed the gaps found, it was also analyzed the past and actual literature within the specific themes in this research. The data used in this research was gathered by a semi-structured one-to-one interview conducted personally with the Marcheluzzo`s marketing and commercial manager. In addition, through the field observation and documents collected in the company more information was possible to gather and have insights about a variety of subjects mainly related to the advertisement budget. It was possible to successfully answer the two main research questions being discussed using the data collected. It was found that Marcheluzzo has been interested in making investments in digital marketing, as well as, there is room for this investment in a new advertisement budget focused on the Brazilian market, combining online and offline marketing strategies.
 Keywords: Advertising Budget. Digital Marketing. Marketing Consultancy.
 Resumo A partir das áreas integradas de consultoria interna em marketing, orçamento publicitário e marketing digital, esta pesquisa empírica visa examinar o orçamento publicitário off-line da empresa Marcheluzzo voltado para o mercado brasileiro para combinar investimentos publicitários on-line e off-line em um novo plano orçamentário para 2021. Uma análise abrangente da revisão da literatura demonstra a importância das estratégias de marketing digital em um contexto B2B - (Business-to-Business) no mercado brasileiro, abrangendo seus benefícios e desafios. A revisão bibliográfica preencheu e discutiu as lacunas encontradas, também foi analisada textos já publicados e atuais dentro dos temas específicos desta pesquisa. Os dados utilizados nesta pesquisa foram coletados por meio de entrevista semiestruturada individual realizada pessoalmente com o gerente de marketing e comercial do Marcheluzzo. Além disso, por meio da observação de campo e dos documentos coletados na empresa foi possível reunir mais informações e ter insights sobre uma variedade de assuntos relacionados principalmente ao orçamento publicitário. Foi possível responder com sucesso às duas principais questões de pesquisa em discussão usando os dados coletados. Constatou-se que a empresa Marcheluzzo tem interesse em fazer investimentos em marketing digital no Brasil, bem como, há espaço para esse investimento em um novo orçamento publicitário voltado para o mercado brasileiro, combinando estratégias de marketing online e offline.
 Palavras-chave: Orçamento Publicitário. Marketing Digital. Consultoria de Marketing
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Setiyono, Budi, Dio Satrio Jati, and Teten Jamaludin. "Konflik Hubungan Pusat-Daerah antara Pemerintah Pusat dan Kabupaten Blora Terkaiat dengan Dana Bagi Hasil Blok Cepu." Jurnal Desentralisasi 10, no. 2 (2012): 147–62. http://dx.doi.org/10.37378/jd.2012.2.147-162.
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Cepu Block located between Centre Jawa and East Java. It is known as a rich block because it has a source of oil and gas. Block Cepu, where geographically located between three districts, Blora (Centre Java), Bojonegoro and Tuban (East Java) has given a contribution to national budget (APBN) and respected local government budget (APBD). About 33 per cent of the land of Cepu Block is owned by Blora, 67 per cent owned by Bojonegoro and the rest is owned by Tuban. Ironically, however, although 33 per cent of the Block belongs to Blora, the district does not receive any financial income from the oil exploration. There is no resources share fund from Cepu Block. Moreover, the district has to deal with the negative impacts of exploration activities at the Block Cepu such as damaging of infrastructure, environmental pollution, and social disturbance. Blora District has protested to Centre Government, but so far there is no outcome. Centre Government asked that this problem should be studied first. The central government argue that if it is approved, then there will be domino impact: other districts will do the same like Blora. Blora district is struggling to get equality in resources share fund (dana bagi hasil). Efforts have done, seminars and workshops, lobby to DPD (Upper House) to find a solution. Now the district government is proposing judicial review to constitution court. This research examines the history of Block Cepu. It reveals the history of the block from the colonial era up to the reformation era. Further, the research aims to know how the tension between local government (Blora Government) and central government regarding Blok Cepu oil exploration. The research suggests that there is injustice in the distribution of revenue from the exploration and it is understandable if Blora district government struggle to get proportional revenue sharing.
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Savoskin, A. V. "Review of the Monograph by S. S. Burynin, S. V. Valov, Yu. A. Tsvetkov, T. V. Cheremisina "Appointment of Citizens and Consideration of Applications in Investigative Bodies". Moscow: Moscow Academy of the Investigative Committee of Russia, 2020." Actual Problems of Russian Law 15, no. 12 (2020): 200–208. http://dx.doi.org/10.17803/1994-1471.2020.121.12.200-208.
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The paper presents a detailed analysis of the book "Appointment of Citizens and Consideration of Applications in Investigative Bodies". The emphasis is placed on such issues raised in the book as the interpretation of the term "citizens’ application", the system of legislation on citizens’ applications, the system of citizens’ applications and the system of their consideration. Special attention is given to the right of the heads of the Investigative Committee of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation and the Federal Security Service of the Russian Federation to regulate issues related to citizens’ applications; differentiation of citizens’ applications based on the basic interest of the applicant; functional subsystem for considering citizens’ applications; the passage of time when considering citizens’ applications; termination of correspondence (including the priority of the legal fact of receipt of the application to the final addressee, and not the legal fact of filing an application); the rules for organizing a personal reception (including psychological advice) and the analysis of judicial practice. The following things are being criticized in the review: author’s definition of the category "citizen application"; classifying the right to apply as political; referring requests of authorities and their officials to the number of applications; redundancy of the approach to respond to electronic appeals. It is proposed to continue research in terms of establishing the concept and characteristics of an organization performing public functions (as a recipient of citizens’ applications); improving the departmental procedure for registering applications and reports of crimes; improvement of legislation on electronic and collective applications.
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Кубанцев, Сергей, Sergey Kubantsev, Илья Власов, Ilya Vlasov, Ольга Семыкина, and Olga Semykina. "THE SCIENTIFIC LEGACY OF COMPARATIVE CRIMINAL STUDIES." Journal of Foreign Legislation and Comparative Law 1, no. 5 (2015): 0. http://dx.doi.org/10.12737/16126.
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The paper retrospectively reviews comparative studies in the fields of criminal law, criminology, penitentiary law, criminal procedure and judicial system conducted at the Institute since its formation in 1925, and which have maintained a high standard for over 90 years. The authors present the quintessence of the brightest and most global research of the Institute, conducted by such researchers of comparativism as M. N. Gernet, A. A. Herzensohn, M. M. Grodzinskiy, A. A.Zhizhilenko, M. M. Isaev, P. I. Lyublinskiy, A. I. Lubenskiy, B. S. Mankovskiy, I. B. Michaelovskaya, B. S. Nikiforov, N. N. Pashe-Ozerskiy, A. A. Piontkovskiy, F. M. Reshetnikov, A. A. Trainin, E. G. Shirwindt, A. Y. Estrin and others. The review indicates the tendency to further enrich the heritage of the criminal comparative studies by the strength of the Institute.
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Madau, Piero, Francesco Haardt, and Lucia Pozzetti. "Extragalactic Background Light, MACHOs, and the Cosmic Stellar Baryon Budget." Symposium - International Astronomical Union 204 (2001): 359–72. http://dx.doi.org/10.1017/s0074180900226272.
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The optical/far–IR extragalactic background light (EBL) from both resolved and unresolved extragalactic sources is an indicator of the total luminosity of cosmic structures, as the cumulative emission from young and evolved galactic systems, as well as from active galactic nuclei (AGNs), is recorded in this radiation. This is a brief review of some of the implications of the observed brightness of the night sky for the stellar mass density and average metallicity of the universe today, and of the possible contribution of MACHO progenitors and QSOs to the EBL. Assuming a Salpeter initial mass function with a cutoff below 0.6 M⊙, a lower limit of Ωg+Sh2 > 0.0015 I60 can be derived to the visible (recycled gas + stars) mass density required to generate an EBL at a level of IEBL = 60 I60 nW m−2 sr−1. Our latest, ‘best–guess’ estimate is Ωg+sh2 ≈ 0.0023 I60, which implies a mean metallicity at the present–epoch of yZΩg+s/Ωb ≈ 0.2 Z⊙. If massive dark halos around spiral galaxies are partially composed of faint, old white dwarfs, i.e., if a non–negligible fraction (~ a few percent) of the nucleosynthetic baryons is locked in the remnants (MACHOs) of intermediate–mass stars forming at very high redshifts, then the bright early phases of such halos should contribute significantly to the observed EBL. Assuming a standard black hole accretion model for quasar activity and using recent observations of the quasar population and new synthesis models for the cosmic X-ray background, we estimate a present mass density of QSO remnants of ρBH ≈ 3 x 105 M⊙ Mpc−3 for a 10% efficiency of accreted mass–to–radiation conversion. The quasar contribution to the brightness of the night sky is IQSO ≈ 2 nW m−2 sr−1.
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De Villiers, Bertus. "Striking a Balance between Free Association and Regulating Membership of a ‘Community’: Exploring s 235 of the Constitution of South Africa." International Journal on Minority and Group Rights 28, no. 1 (2021): 91–116. http://dx.doi.org/10.1163/15718115-bja10005.
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Section 235 of the Constitution of South Africa contains a promise of potential self-determination of language and cultural communities. An essential question arising from this promise is how an individual’s freedom of association interacts with the ability of a community to determine its membership. This article reflects on this question with reference to standards developed in international law and practices in the constitutional law of selected case studies. Whereas international law sets a universal standard of free association, states have developed practices whereby the individual’s right to free association is recognised, but where there are also some measures allowed to ensure that an individual is indeed accepted by and part of the community. Any conflicts that arise are, generally speaking, subject to a form of judicial review.
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Verney, Douglas V. "From Executive to Legislative Federalism? The Transformation of the Political System in Canada and India." Review of Politics 51, no. 2 (1989): 241–63. http://dx.doi.org/10.1017/s0034670500048105.
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Canada and India have hybrid systems of government. Both experienced constitutional crises in the 1970's. These crises have usually been treated as sui generis. It is the hypothesis of this article that the crises raise fundamental questions regarding the very nature of such systems, which are based on “parliamentary federalism,” a political system invented in Canada to provide strong central government. This hybrid system combines two classical models: British tradition, based on parliamentary supremacy and conventions, and American principles, which require a written constitution, the separation of powers and judicial review. The two models are contradictory, since parliamentary supremacy and constitutional supremacy are incompatible.
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Omara, Andy. "Enforcing Nonjusticiable Rights In Indonesia." Constitutional Review 6, no. 2 (2020): 311. http://dx.doi.org/10.31078/consrev625.
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A debate over which branch of government is the most appropriate institution to deal with economic and social rights is far from ended. Is it the legislature which is democratically elected or the unelected Court that should determine the enforcement of economic and social rights? Problems pertaining to the lack of legitimacy and competence often come up when the Court is involved in determining economic and social rights. These problems arise because a court is not democratically elected and is not equipped with necessary tools to deal with such a complex issue in economic and social rights. However, others believe that the Court’s involvement in determining economic and social rights can strengthen democracy since the Court may enforce matter that is not sufficiently addressed by the lawmaker. This paper will address the above issue in context of Indonesia. Should the Court involve in protecting economic and social rights? If so, how far the Court can go to determine economic and social rights? This paper acknowledges that economic and social rights are a broad and complex topic. Therefore, this paper limits the discussion by analyzing four selected judicial rulings which have significant impact in the protection of economic and social rights in Indonesia i.e. the judicial review cases on Electricity Law, Water Resources Law, National Education System Law and National Budget Law. This paper argues that it is necessary for the Court to involve in determining economic and social rights, especially when the lawmaker does not sufficiently address issues related to economic and social rights in its legislative product. The Court may fill the gaps in the protection of Economic and Social rights. The Court roles in this context, however, potentially encroach the authority of other branches of governments i.e. the executive and the legislative. Therefore, the Court roles should be carefully and strategically conducted so that it does not infringe the jurisdiction of the government and the lawmakers.
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Marsuni, Lauddin, Salle Salle, Syarifuddin Syarifuddin, and La Ode Husen. "Legal Examination of the Constitutional Court Number 28/PUU-XI/2013 Concerning the Case of Judicial Review of Law Number 17 of 2012 Concerning Cooperatives." Asian Social Science 16, no. 5 (2020): 42. http://dx.doi.org/10.5539/ass.v16n5p42.
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This study aims to understand the legal review on Decision of the Constitutional Court No. 28/PUU-XI/2013 on the review of Law No. 17 of 2012 on Cooperatives against The 1945 Constitution. The benefits of this research are socialization and provide legal awareness about cooperatives activities in Indonesia. This research uses a normative approach that focuses on studying the legal and regulatory norms associated with the object of the problem. The technical analysis used in this study is the Hermeneutic and Interpretation analysis methods. The results of the study indicate that Phrase &ldquo;natural person&rdquo; in the cooperatives sense was based on Article 1 point 1 of Law No. 17 of 2012 is against Article 33 section (1) of The 1945 Constitution because that definition leads to individualism. Furthermore, although the Petitioner&#39;s petition is only regarding certain articles it contains substantial norm content, it will cause other articles in Law No. 17 of 2012 has no binding legal force. Therefore the Petitioner&#39;s petition must be declared in accordance with the law for all contents of Law No. 17 of 2012. As for the sake of legal certainty, Law No. 25 of 1992 valid for a while awaiting the establishment of a new Law.
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Keane, Lisa, and Laura Rogers. "Using What You Have: Training Teacher Assistants as Speech-Language Assistants." Perspectives on School-Based Issues 10, no. 1 (2009): 19–22. http://dx.doi.org/10.1044/sbi10.1.19.
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Abstract The “Speech-Language Assistant (S/L Assistant or SLA) Model” in Broward County Schools was created to assist the speech-language pathologist (SLP) with the continuing effort to provide quality programs to students with speech and language impairments. Through the perseverance and dedication of a group of SLPs and the organization SPEECH (Speech Language Pathologists Energetically Effecting Change), a 3-year study called The Speech Language Improvement Plan was initiated. The study demonstrated that the use of S/L assistants increased dismissal rates, allowed for better caseload management, and improved the student / SLP ratio. In order to maintain consistency and fidelity of the SLA Model, specific requirements were established. Consideration of the S/L Assistant Model for a school requires that the school administrator and SLP review caseload, workload, and budget factors to determine the needs of the students. There are limitations to the responsibilities of an S/L assistant that must be taken into consideration as well. Training of the S/L assistant includes a variety of activities, readings, and observations along with verification of competencies.
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Helmig, D., L. Ganzeveld, T. Butler, and S. J. Oltmans. "The role of ozone atmosphere-snow gas exchange on polar, boundary-layer tropospheric ozone – a review and sensitivity analysis." Atmospheric Chemistry and Physics 7, no. 1 (2007): 15–30. http://dx.doi.org/10.5194/acp-7-15-2007.
Full textAbstract:
Abstract. Recent research on snowpack processes and atmosphere-snow gas exchange has demonstrated that chemical and physical interactions between the snowpack and the overlaying atmosphere have a substantial impact on the composition of the lower troposphere. These observations also imply that ozone deposition to the snowpack possibly depends on parameters including the quantity and composition of deposited trace gases, solar irradiance, snow temperature and the substrate below the snowpack. Current literature spans a remarkably wide range of ozone deposition velocities (vdO3); several studies even reported positive ozone fluxes out of the snow. Overall, published values range from ~–3<vdO3<2 cm s−1, although most data are within 0<vdO3<0.2 cm s−1. This literature reveals a high uncertainty in the parameterization and the magnitude of ozone fluxes into (and possibly out of) snow-covered landscapes. In this study a chemistry and tracer transport model was applied to evaluate the applicability of the published vdO3 and to investigate the sensitivity of tropospheric ozone towards ozone deposition over Northern Hemisphere snow-covered land and sea-ice. Model calculations using increasing vdO3 of 0.0, 0.01, 0.05 and 0.10 cm s−1 resulted in general ozone sensitivities up to 20–30% in the Arctic surface layer, and of up to 130% local increases in selected Northern Latitude regions. The simulated ozone concentrations were compared with mean January ozone observations from 18 Arctic stations. Best agreement between the model and observations, not only in terms of absolute concentrations but also in the hourly ozone variability, was found by applying an ozone deposition velocity in the range of 0.00–0.01 cm s−1, which is smaller than most literature data and also significantly lower compared to the value of 0.05 cm s−1 that is commonly applied in large-scale atmospheric chemistry models. This sensitivity analysis demonstrates that large errors in the description of the wintertime tropospheric ozone budget stem from the uncertain magnitude of ozone deposition rates and the inability to properly parameterize ozone fluxes to snow-covered landscapes.