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Journal articles on the topic 'Conference on Bill Drafting'
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1
HOGUE, CHERYL. "Administration Drafting Chemical Site Security Bill." Chemical & Engineering News 81, no. 14 (2003): 11. http://dx.doi.org/10.1021/cen-v081n014.p011a.
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O’Gara, Colin. "The gambling control bill: time for action." Irish Journal of Psychological Medicine 35, no. 4 (2017): 269–71. http://dx.doi.org/10.1017/ipm.2017.77.
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A modern regulatory framework for gambling in Ireland is urgently required. The Gambling Control Bill of 2013 represents a decent starting point in developing player protection and much needed treatment services and research facilities for Gambling Disorder. The drafting and enactment of the Gambling Control Bill of 2013 appears to have slipped from legislative priority. The sooner this bill is enacted the better.
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Hwang, Thomas J., Rachel E. Sachs, and Aaron S. Kesselheim. "Public Participation in Drafting of the 21st Century Cures Act." Journal of Law, Medicine & Ethics 45, no. 2 (2017): 212–20. http://dx.doi.org/10.1177/1073110517720650.
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The 21st Century Cures Act is a major act of legislation that contains numerous changes to drug and device regulation. The House of Representatives passed the Act after considerable interest group lobbying, but the bill and the key changes made during its drafting remain controversial. Using publicly disclosed records of written comments on the bill, we reviewed the key areas of lobbying activity and the compromises made in the final text. We focused on legislative provisions relating to management of the National Institutes of Health, incentives for medical product development, and approval standards for new drugs and devices. By the end of the first comment period, the Committee received 118 comments. Most respondents were patient organizations, professional societies, and pharmaceutical and device companies. Overall, the majority of public comments were positive, although public health and consumer organizations were underrepresented in the number of submitted comments. As the legislative process continued, the draft bill underwent several changes relating to NIH funding, market exclusivity provisions, and scrutiny of regulatory evidentiary standards. Understanding the key statutory provisions and how they have evolved could help patients, researchers, and advocates make more informed comments on the bill and future health care legislation.
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Hutabarat, Binsar Antoni. "EVALUASI TERHADAP RUMUSAN RANCANGAN UNDANG-UNDANG PESANTREN DAN PENDIDIKAN KEAGAMAAN." Societas Dei: Jurnal Agama dan Masyarakat 5, no. 2 (2018): 130. http://dx.doi.org/10.33550/sd.v5i2.87.
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ABSTRACT: This article entitled, “Evaluation to the Formulation of the Bill on Islamic Boarding School and Religious Education” focuses on the evaluation to the formation process and the material of the Bill on Pesantren (Islamic Boarding School) and Religious Education. The instrument used is the Law of Regulation on Drafting the Law No. 12 of 2011 on Establishment of Laws and Regulations as well as the Ministerial Regulation from the State Minister for State Apparatus Reform No.: Per/04/M.PAN/4/2007 about General Guidance on Formulation, Implementation, Work Evaluation, and Revision of Public Policy in Central and Regional Government Institutions especially in relation with the principle of public policy formulation. This study finds that the Bill on Pesantren and Religious Education is elitist and has not fulfilled the requirement of policy formulation in democratic model. And the material of the Bill on Pesantren and Religious Education as an alternative policy has not fulfilled the principle of justice and diversity as decreed in the Regulation on Drafting the Law. The writer’s recommendation is that the proposed Bill on Pesantren and Religious Education as an alternative policy needs to be cancelled. KEYWORDS: public policy, pesantren (Islamic boarding school), religious education, policy evaluation
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Idris, Julizar, Abdul Hakim, Sarwono Sarwono, and Bambang Santoso Haryono. "The Political Process in the Preparation of Public Policy A Case Study on the Preparation of the Constitution of Oil and Gas in the Republic of Indonesia’s House of Representatives." HOLISTICA – Journal of Business and Public Administration 10, no. 1 (2019): 88–111. http://dx.doi.org/10.2478/hjbpa-2019-0008.
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Abstract Public policy formulation as a political process is a dynamic formulation of policies involving many actors, ranging from the executive, legislative, academic, to non-governmental organizations. The purpose of this study was to find out the political process of drafting the Oil and Gas Law and determine the model for the formulation of the Oil and Gas Law in the Republic of Indonesia’s House of Representatives. This research method uses a qualitative approach, through observation, in-interview techniques and documentation of secondary data in the process of collecting data. Data analysis using the Interactive Model method by Miles & Huberman's. The results of the study indicate that the political process of drafting the Constitution of Oil and Gas takes place in the following stages: planning, drafting and discussion. Politically, the planning of the Constitution of Oil and Gas comes from several sources: (1) the bill from the President; (2) the bill from the House of Representatives; and (3) the bill from the Regional Representative Council. The long political process in the public policy formulation in the House of Representatives starts from the process of inventorying input from factions, commissions, and the public to be determined as a Legislative Body decision, then the decision is to be consulted with the Government; afterwards, the results of the consultation are reported to the Plenary Session to make the decision.
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Cain, Bill. "Bill Cain on the Conference." CLR James Journal 3, no. 1 (1992): 7–16. http://dx.doi.org/10.5840/clrjames1992313.
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Corder, Hugh. "South Africa's First Bill of Rights: Random Recollections of One of it's Drafters." International Journal of Legal Information 32, no. 2 (2004): 313–21. http://dx.doi.org/10.1017/s0731126500004157.
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It is an honor to have been invited to deliver this paper on my experiences as a member of the group drafting South Africa's first Bill of Rights in the course of the constitutional negotiations in 1993 to such an august international audience. I am also very pleased to be sharing the podium with Christina Murray, since we were student contemporaries (although at neighboring universities) and have been close colleagues in the Department of Public Law at the University of Cape Town since early 1988. Despite our close working relationship over these years, however, I think that this is the first occasion upon which we have talked jointly about our experiences in assisting the drafting of the Constitution, which makes it a special occasion for us, too. Mine will be a very personal recollection and assessment of a period in the constitutional history of South Africa which I never believed possible, let alone that I should have played a small part in it.
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Craig, Elizabeth. "From soft to hard law?" Focaal 2010, no. 56 (2010): 35–48. http://dx.doi.org/10.3167/fcl.2010.560103.
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This article explores the use of soft law by those involved in the drafting of a Bill of Rights for Northern Ireland, drawing in particular on the author's experiences as legal adviser to the Culture, Identity, and Language Working Group of the Northern Ireland Bill of Rights Forum. The article reflects on the extent to which the Council of Europe's Framework Convention for the Protection of National Minorities 1995 and other relevant international instruments can be considered as forms of international soft law. It then highlights controversies that have arisen in debates over the content and scope of provisions addressing culture, identity, and language issues in any future Bill of Rights for Northern Ireland.
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Smith, Anne. "INTERNATIONALISATION AND CONSTITUTIONAL BORROWING IN DRAFTING BILLS OF RIGHTS." International and Comparative Law Quarterly 60, no. 4 (2011): 867–93. http://dx.doi.org/10.1017/s002058931100042x.
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AbstractThis article looks at the recent phenomena of internationalisation and constitutional borrowing in drafting Bills of Rights. Using South Africa, Canada and Northern Ireland as its focus, this article posits key lessons to be considered in any society hoping to use these two strategies to best effect in designing indigenous Bills of Rights. This contribution makes the case that while these are viable strategies in equality and other rights provision drafting, before embarking on such trajectories, the local context must be considered. In short, effective and sensitive interaction between the ‘local and the global’ can result in a more rewarding project when those involved in formulating an indigenous Bill of Rights simultaneously reflect best international practice. The article is supported in its conclusions by a series of semi-structured interviews with key players involved in the drafting process in Northern Ireland and Canada.
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MARKS, MICHELLE ROSE. "Party Politics and Family Policy." Journal of Family Issues 18, no. 1 (1997): 55–70. http://dx.doi.org/10.1177/019251397018001004.
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The Family and Medical Leave Act offers an excellent case study of a family policy that became embroiled in partisan conflict. The Democratic authors of the bill proposed an extensive leave period available to most workers. Arguing that the policy would pose hardships for businesses, Republicans severely diluted the original legislation, reducing the leave period and eliminating many workers from coverage. The resulting bill offered less support to working parents than leave policies in most other countries. The article opens with a description of problematic features of the bill that derive from partisan politics and then places the drafting of the bill in historical context. The story of the bill's passage is then discussed, highlighting the role of parties and interest groups, especially business organizations. The article concludes by providing a larger analysis of the leave debate.
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Kotwal, Ashok, Milind Murugkar, and Bharat Ramaswami. "The Political Economy of Food Subsidy in India." Copenhagen Journal of Asian Studies 30, no. 2 (2014): 100–121. http://dx.doi.org/10.22439/cjas.v30i2.4244.
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Indian parliament is getting ready to debate the National Food Security Bill that would be the single biggest poverty alleviation programme, costing about 1.5 per cent of India's gross domestic product. There has been a fierce debate
leading up to the drafting of the bill and subsequent modifications. This article first points out the salient features of the Indian economy to give context to assess the current debate. In particular, it gives a detailed picture of the grain
market in India and the important role played in it by the central government. It traces the path of the bill from its genesis through the subsequent debate and political process. The article identifies the key players in the debate and the
role they have played in shaping the provisions in the latest draft of the bill. At the end, the authors speculate about likely food security outcomes in India.
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Langford, Malcolm, and Ananda Mohan Bhattarai. "Constitutional Rights and Social Exclusion in Nepal." International Journal on Minority and Group Rights 18, no. 3 (2011): 387–411. http://dx.doi.org/10.1163/157181111x583341.
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AbstractIn Nepal, poverty is highly correlated with an individual's ethnicity, caste, language, religion or membership in an indigenous group. In the drafting of the new Constitution, many have called for inclusion of socio-economic and affirmative action rights in order to address social inequalities. This article sets out to assess these demands in an international and domestic context. After this socio-political background is set out in the introduction, section 2 provides a comparative and international analysis of the debates, trends and jurisprudence concerning the constitutional inclusion of equality and socio-economic rights. Section 3 examines the constitutional history of Nepal on this topic with a particular focus on the jurisprudence of the Supreme Court, and section 4 assesses the consequences of this experience for the constitutional drafting process. Section 5 analyses the current draft bill of rights and provides some thoughts on the possible future directions for the constitutional drafting and jurisprudential responses.
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McKenna, Brian. "Bill Gates takes leave of RSA conference." Infosecurity 4, no. 2 (2007): 6. http://dx.doi.org/10.1016/s1754-4548(07)70026-8.
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Caglar, Esra, and Muzaffer Kaser. "Mental health law in Turkey: legislation pending." International Psychiatry 11, no. 1 (2014): 12–14. http://dx.doi.org/10.1192/s1749367600004215.
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In Turkey, mental health professionals, together with patients and carers, have been involved in the drafting of the Mental Health Bill which is presently under consideration by Parliament. While the Mental Health Law is pending, various pieces of legislation are being used for different types of involuntary admission. The prospective Mental Health Law is of paramount importance for doctors, patients and families.
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Bezbaruah, M. P. "A Discussion in Light of India’s National Food Security Act." Space and Culture, India 1, no. 2 (2013): 3. http://dx.doi.org/10.20896/saci.v1i2.25.
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From its initial drafting to its eventual passage in the Indian Parliament and beyond, the National Food Security Bill has been extensively debated with a lot of animation by activists, economists, politicians and even corporate leaders. This article presents a brief summary of the debate in the backdrop of a discussion of the general issues related to food security and India’s past record of food grain management. Since the Bill has now been turned into an Act, it is suggested that the focus of attention should now shift to its implementation mechanism and suitable measures to mitigate the apprehended undesirable consequences of the proposed nationwide food security programme.
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Smith, Anne. "Bills of Rights as process: the Canadian experience." International Journal of Law in Context 3, no. 4 (2007): 343–72. http://dx.doi.org/10.1017/s1744552307004077.
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This article seeks to address a specific aspect of Bills of Rights that tends to be neglected in the literature. That is, the process of how Bills of Rights are drafted. In particular it focuses on the drafting of a particular right-equality with a view to identifying if there is a link between: (a) the manner of how an equality provision is drafted and securing legitimacy of the final product; (b) whether a participative process can influence the formulation and articulation of an equality provision; and finally (c) if the ‘people’ have spoken through this document, does this encourage the judges to take a less restrictive approach in interpreting the equality provision? This task is undertaken by drawing upon the Canadian experience, which then will be used to draw out lessons for those jurisdictions where the process of drafting an equality provision in a Bill of Rights is under way. The article is supported in its conclusions by a series of semi-structured interviews with key players involved in the drafting and interpretation of the equality provision in the Canadian Charter.
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Nur Azmi, Rama Halim. "EXAMINING THE DRAFT CIPTA KERJA BILL IN THE PERSPECTIVE OF HUMAN RIGHTS TO ACHIEVE RESPONSIVE, ASPIRATIONAL AND PROGRESSIVE NATIONAL LAW DEVELOPMENT." Jurnal Dinamika HAM (Journal of Human Rights) 12, no. 2 (2021): 1. http://dx.doi.org/10.24123/jdh.v12i2.2877.
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Abstract:President Joko Widodo in 2018 revealed the government's target of making a law by means of the omnibus law to overcome the existence of regulatory obesity and overlapping regulations in Indonesia. One of the sectors the government has targeted for the enactment of the omnibus law is the employment sector. The drafting of the omnibus law bill on labor began in 2019 with the target completed within 100 days. At that time the draft law was called the Draft Cipta Lapangan Kerja Bill. However, in the draft last in February 2020 the draft law was named the Draft Cipta Kerja Bill. According to the Chairperson of the People's Legislative Assembly, Puan Maharani, in the DraftCipta Kerja Bill, which was made in an omnibus law, consisted of 79 laws. In the Draft Cipta Kerja Billnotonly includes the employment sector but also other sectors such as the environment. However, the Cipta Kerja Bill has so far drawn rejection from the public, laborers, activists, academics, and practitioners because it is considered in the drafting of the Cipta Kerja Bill that it has problems both formally and materially, even according to some experts the Cipta Kerja Bill has the potential to violate human rights if authorized. In this paper, we will discuss the existence of the omnibus law as one of the mechanisms for the formation of laws and regulations and how the problems in the Draft Cipta Kerja Bill. The method used in this research is a normative juridical method with the statutory and comparative approach. The results of this study are an analysis of the existence of the omnibus law as one of the mechanisms for the formation of legislation and the existence of a picture and a critical attitude towards the issue of the Cipta Kerja Bill. So that through this paper, it can be seen whether the drafting of the Cipta Kerja Bill is intended for the interests of the people or only for the sake of investment which will certainly sacrifice human rights and harm national interests.
Keywords: omnibus law, Draft CiptaKerja Bill, employment, human rights.
Abstrak:Presiden Joko Widodo pada tahun 2018 mengungkapkan target pemerintah yakni membuat suatu undang-undang dengan cara omnibus law untuk mengatasi adanya obesitas regulasi dan tumpang tindihnya regulasi di Indonesia. Salah satu sektor yang menjadi target pemerintah untuk dibuatkan undang-undang omnibus law adalah sektor ketenagakerjaan. Penyusunan rancangan undang-undang omnibus law tentang ketenagakerjaan dimulai sejak tahun 2019 dengan target selesai dalam waktu 100 hari. Saat itu rancangan undang-undang tersebut dinamakan Rancangan Undang-Undang Cipta Lapangan Kerja. Namun, dalam draft terakhir pada Februari 2020 rancangan undang-undang tersebut bernama Rancangan Undang-Undang Cipta Kerja (RUU Cipta Kerja). Menurut Ketua Dewan Perwakilan Rakyat Puan Maharani dalam RUU Cipta Kerja yang dibuat secara omnibus law tersebut terdiri dari 79 undang-undang. Dalam RUU Cipta Kerja tersebut tidak hanya memuat tentang sektor ketenagakerjaan saja tetapi juga sektor-sektor lainnya seperti lingkungan hidup. Tetapi, RUU Cipta Kerja tersebut hingga saat ini menuai penolakan baik dari masyarakat, buruh, aktivis, akademisi, dan praktisi karena dinilai dalam penyusunan RUU Cipta Kerja tersebut memiliki masalah baik secara formil maupun materiil bahkan menurut sebagian ahli RUU Cipta Kerja berpotensi melanggar hak asasi manusia apabila disahkan. Dalam tulisan ini akan dibahas mengenai bagaimana keberadaan omnibus law sebagai salah satu mekanisme pembentukan peraturan perundang-undangan dan bagaimana permasalahan dalam RUU Cipta Kerja. Metode yang digunakan dalam penelitian ini adalah metode yuridis normatif dengan pendekatan peraturan perundang-undangan dan pendekatan perbandingan. Adapun hasil dari penelitian ini adalah adanya analisis terhadap keberadaan omnibus law sebagai salah satu mekanisme pembentukan peraturan perundang-undangan dan adanya suatu gambaran dan sikap kritis terhadap permasalahan RUU Cipta Kerja. Sehingga melalui tulisan ini dapat terlihat apakah penyusunan RUU Cipta Kerja memang diperuntukkan kepentingan rakyat atau hanya demi kepentingan investasi semata yang tentunya akan mengorbankan hak asasi manusia dan merugikan kepentingan nasional.
Kata Kunci:omnibus law, RUU Cipta Kerja, ketenagakerjaan, hak asasi manusia.
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Moriue, Shota. "Support for Private Members’ Bills in the United Kingdom and Japan." Statute Law Review 41, no. 3 (2019): 304–19. http://dx.doi.org/10.1093/slr/hmy037.
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Abstract It is a common arrangement in different legislatures that individual members who are not ministers can bring forward bills (private members’ bills), but the drafting of a bill may involve certain technicalities that are usually outside their knowledge. How, then, do legislators prepare the text of private members’ bills? This article presents the way in which support is provided to those members who seek to introduce their bills in the UK Parliament, the Scottish Parliament, the National Assembly for Wales, the Northern Ireland Assembly, and the National Diet of Japan. It then discusses two common challenges for such support: how to avoid the risk that demand will outstrip supply and how to make sure that the drafting of private members’ bills meets the quality standards (if any).
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KHADIAGALA, LYNN. "NEGOTIATING LAW AND CUSTOM: JUDICIAL DOCTRINE AND WOMEN'S PROPERTY RIGHTS IN UGANDA." Journal of African Law 46, no. 1 (2002): 1–13. http://dx.doi.org/10.1017/s022185530200175x.
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Since the promulgation of Uganda's new constitution in 1995, the Law Reform Comission (LRC) has had the task of revising statutory laws to conform to the new constitution. One focal point has been the drafting of a Domestic Relations Bill. The bill proposes significant changes in women's legal status within the institutions of marriage and succession. Under the new statute, for example, women would gain joint marital property rights over any assets acquired during the course of marriage. Women could use the law to challenge husbands who seek to sell property or shift assets among their wives. The bill also proposes that when a married person dies intestate, the suviving spouse(s) should be appointed administrator to the estate, unless the courts have good reason not to do so. This should facilitate widows who seek to protect their assets from relatives who perceive in death opportunities to grab property. Not suprisingly, publication of the bill generated considerable outrage among men who perceive the extension of property rights to women as a direct threat to a natural social order privileging male authority.
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Micozzi, Juan Pablo. "From House to Home: Strategic Bill Drafting in Multilevel Systems with Non-static Ambition." Journal of Legislative Studies 20, no. 3 (2014): 265–84. http://dx.doi.org/10.1080/13572334.2014.891787.
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Maher, Laurence W. "Dealing with the King's Enemies: The Drafting of the Communist Party Dissolution Bill 1950." Australian Historical Studies 44, no. 1 (2013): 37–53. http://dx.doi.org/10.1080/1031461x.2012.760633.
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Raisch, Marylin. "Travaux Préparatoires and United Nations Treaties or Conventions: Using the Web Wisely." International Journal of Legal Information 30, no. 2 (2002): 324–30. http://dx.doi.org/10.1017/s073112650000994x.
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One of the spectacular and liberating features of the Internet in general and the United Nations web site in particular is that if a treaty you are researching was drafted in connection with a conference relating to human rights, the environment, development, or a major topic in criminal or commercial law, entire web pages based on the treaty and its history are now in place. The process of drafting and finalizing the texts of major conventions and treaties sponsored by bodies within the United Nations system is unusually well-documented. The conference process and other drafting procedures have always made researching UN treaties rather more systematic than is the case with many inter-governmental organizations.
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Morgan, Betsy. "Traveling to a Conference? Get Help Footing the Bill." Eye on Psi Chi Magazine 12, no. 1 (2007): 28–29. http://dx.doi.org/10.24839/1092-0803.eye12.1.28.
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Davies, Mitchell C. "Consent after the House of Lords: Taking and leading astray the Law of Theft." Legal Studies 13, no. 3 (1993): 308–22. http://dx.doi.org/10.1111/j.1748-121x.1993.tb00488.x.
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The objectives of the Criminal Law Revision Committee when drafting the radical reforms proposed by the 1966 Theft Bill were described by a contemporary commentator2 as being: ‘. . . to do away with the more embarrassing and restrictive technicalities of the existing law . . .’In the same place it was observed that the Committee faced a choice between creating a specific definition of the various theft offences and their elements, or one whose generality would allow it to evolve to meet the challenges presented by ever more complex and sophisticated dishonest dealing.
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Uviller, H. Richard, and William G. Merkel. "Scottish Factors and the Origins of the Second Amendment: Some Reflections on David Thomas Konig's Rediscovery of the Caledonian Background to the American Right to Arms." Law and History Review 22, no. 1 (2004): 169–77. http://dx.doi.org/10.2307/4141669.
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David Konig has written an important article that makes a welcome contribution to the rapidly evolving field of Second Amendment scholarship. In the essay that forms the focal piece of this forum, Konig argues that two rival, hotly contested interpretations of the Second Amendment fail to recapture the original meaning of the constitutional right to keep and bear arms. To Konig, neither the individual rights nor the states' rights model of the Second Amendment accurately reflects the conceptual universe shared by the drafters and ratifiers of the Bill of Rights. Neither model (and particularly not the individual rights model), Konig maintains, would have made sense to the persons who left behind a now familiar and much-discussed documentary record related to the call for amendments to the Constitution in 1788, the drafting of the Bill of Rights in 1789, and its ratification in 1791.
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Simbre, Abegail P., Ingrid A. Palad, and Catherine A. Salazar. "How Protected are Teachers and School Personnel?: Critical Analysis of The Teacher Protection Act (Senate Bill 956)." International Journal of Social Learning (IJSL) 1, no. 3 (2021): 333–55. http://dx.doi.org/10.47134/ijsl.v1i3.36.
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The contents of the Senate Bill 956, better known as the Teachers' Protection Policy Act was examined and analyzed based on the following themes, namely, support mechanisms for public school teachers and personnel, enhanced protection of public-school teachers and personnel, and training on guidelines and classroom discipline for public school teachers and personnel. According to the Republic Act, 4670 or the Magna Carta for Public School Teachers, the appropriateness of the act was checked to see how much help this bill can provide to the public-school teachers in the Philippines in terms of classroom discipline and classroom management. The bill poses excellent benefits to the public-school teachers. However, the Department of Education must identify which disciplinary acts or strategies are not categorized as child abuse and that there should be centralized policy implementations, seminars, and training to avoid misinterpretations and discipline avoidance among teachers. This paper hopes to contribute to a research-based, logical, and relevant drafting of HR policies and programs to support and protect the teachers as mandated in the Magna Carta for Public School teachers and SB 956. This study employed a qualitative method using resources available online.
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Moore, JM. "Dr William Kerr ‘Bill’ Collins, Recipient of the 2010 Tobacco Science Research Conference Lifetime Achievement Award." Beiträge zur Tabakforschung International/Contributions to Tobacco Research 24, no. 5 (2011): 210–11. http://dx.doi.org/10.2478/cttr-2013-0900.
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AbstractIt is my distinct pleasure to make this presentation of the TSRC Lifetime Achievement Award to Dr Bill Collins from NC State University. Bill is well known in academic and industry circles for his contributions to Tobacco Science. Some have suggested that Bill Collins is the single person most identified with flue-cured tobacco at NC State and probably world-wide.
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Boast, Richard P. "Sir John Salmond and Maori Land Tenure." Victoria University of Wellington Law Review 38, no. 4 (2019): 831. http://dx.doi.org/10.26686/vuwlr.v38i4.5539.
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This chapter is deals with Salmond's engagement with Maori land issues, principally in his capacity as counsel to the Law Drafting Office and while Solicitor-General. Salmond appears to have had firm views on the extent of Native title in New Zealand, arguing either that all land vested in dominium in the Crown on the acquisition of British sovereignty, or, as a kind of fall-back position, that there were at least some parts of the Dominion, such as navigable lakes or the foreshore, where native title could not be asserted in any circumstances, not even in the Native Land Court. While it is tempting to conclude that Salmond's views were nothing more than the orthodoxy of the day, this paper argues that matters were more contested than is sometimes thought. Salmond developed considerable expertise in the technicalities of Maori land law, an expertise developed initially in the drafting of the Native Lands Bill of 1909 and which is reflected in various opinions he prepared while Solicitor-General and in his famous dissenting judgment in Boyd v Mayor of Wellington.
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Pfanner, Toni. "Interview with Philippe Kirsch, President of the International Criminal Court." International Review of the Red Cross 88, no. 861 (2006): 9–17. http://dx.doi.org/10.1017/s1816383106000026.
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Judge Philippe Kirsch (Canada) is president of the International Criminal Court in The Hague and is assigned to its Appeals Division. He is a member of the bar of the province of Quebec and was appointed Queen's Counsel in 1988. In 1998, Judge Kirsch served as chairman of the Committee of the Whole of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (the Rome Conference). He was also chairman of the Preparatory Commission for the International Criminal Court (1999–2002). Judge Kirsch has extensive experience in the development of international criminal law, with particular regard to issues related to terrorism. His experience in international humanitarian law includes serving as chairman of the Drafting Committee of the International Conference on the Protection of War Victims (1993), the Drafting Committee at the 26th and 27th International Conferences of the Red Cross and Red Crescent (1995, 1999) and related meetings. He also chaired the Canadian National Committee on Humanitarian Law (1998–9) and was a member of the Group of International Advisers to the International Committee of the Red Cross (2000–3).
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Doult, Bill. "Bill doult reports from the labour party conference in blackpool." Nursing Standard 11, no. 3 (1996): 6. http://dx.doi.org/10.7748/ns.11.3.6.s4.
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Bazaieva, M. "G.I. BILL OF RIGHTS: IMPACT ON THE IMAGE OF THE VETERAN IN COLLECTIVE CONSCIOUSNESS." Bulletin of Taras Shevchenko National University of Kyiv. History, no. 148 (2021): 14–17. http://dx.doi.org/10.17721/1728-2640.2021.148.2.
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The article explores the incipience of veterans' policies in the United States of America during 1940-1956. This period is notable in veterans' history. This is caused not only by social realities after World War II but by the implementation of brand-new fundamental principles in process of forming veterans' policies. These principles opened a new page in interactions between the government and the veteran community. The article analyzes drafting the Servicemen's Readjustment Act of 1944, commonly known as the G.I. Bill of Rights, as well as public discussions around it initiated by President Roosevelt's Administration. One of the main actors of the process was American Legion, influential conservative veterans' organization. The law presented by Legion was passed by Congress. The Act took effect on June 22, 1944, and lasted until 1956. G.I. Bill of Rights guaranteed numerous benefits for veterans in variable spheres of social policies, including medical care, education, housing and business loans, unemployment compensations. The most significant effect had educational programs of G.I. Bill. About 8 million American veterans, including women and African Americans, exercised their right to attend schools, colleges, and universities. Educational programs had great implications both for the veterans' population and social affairs, especially the educational system in the United States. Higher education became more widespread and democratic after the implementation of the G.I. Bill. World War II veterans had the opportunity to realize their potential in different fields, in particular in the political area. G.I. Bill of Rights had a great impact on forming the image of the veteran in the USA. The Act demonstrated the new role of veterans' policies in the context of government activities. Besides, thanks to the educational programs of the G.I. Bill veteran community became a proactive social group that played an important role in the US policy-making in the second half of the 20th century.
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McBrady, Jared. "The Challenge of Peace: Ronald Reagan, John Paul II, and the American Bishops." Journal of Cold War Studies 17, no. 1 (2015): 129–52. http://dx.doi.org/10.1162/jcws_a_00533.
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In 1983, the American Catholic bishops’ conference released The Challenge of Peace, a pastoral letter on nuclear weapons policy. This article examines the drafting process of that pastoral letter, revealing a complex relationship between President Ronald Reagan, Pope John Paul II, and the U.S. bishops. At the same time Reagan was strengthening the relationship between Washington and the Vatican, the American bishops were becoming increasingly critical of the president and his policies in a way not previously seen from the Catholic hierarchy—a tension that colored the drafting of The Challenge of Peace. The pastoral represents a watershed moment in the transformation of the American Catholic Church into a major voice in the American public sphere.
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Umbara, Deni, Jum Hermanto, and Franky Ariyadi. "COMMUNITY PRO-CONTRA PROJECT FOR THE PRESENCE OF THE OMNIBUS LAW BILL IN LEGAL SOCIOLOGY PERSPECTIVE." Legal Standing : Jurnal Ilmu Hukum 4, no. 2 (2020): 168. http://dx.doi.org/10.24269/ls.v4i2.3102.
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The Omnibus Law was first echoed during the inauguration of the President of theRepublic of Indonesia to be precise, on October 20, 2019. Omnibus Law is a legalconcept that will simplify a regulation. All the considerations are causedby too manyrules that have stagnated the economic growth experienced by this nation. With themany regulations, the president felt the need to take steps forward to minimize theseregulations. Acode was created that could back up all rules, namely the presence of theOmnibus Law Bill, which later the bill became a law called the Omnibus Law.Peoplewho reject and feel uneasy about the presence of the Omnibus Law Bill think that thisbill will only prioritize outside investment, making it a red carpet for foreign investors,the investment will only be enjoyed by the elite and a handful of people, which does notlead to job creation which will have an impact on improving people's welfare, makingworkers like production machines, loss of minimum wages, reducing overtime workinghours, and many other articles that castrate their own people. With the presence of thisbill, it will make this nation even more backward from democracy. The government andthe DPR should have drafted this law to protect and voice the voices of the peopleaffected by the regulations, not the other way around. Therefore, the people who are against it assess that the presence of this bill will legitimize investments that destroy the environment, ignore the assets of the people and indigenous peoples. The drafting ofthis bill was carried out behind closed doors without the participation of civil societyand recycled unconstitutional articles of centralization of authority that hurt the spiritof reform.
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Risnain, Muh. "KONSEP PENINGKATAN KUANTITAS DAN KUALITAS PROGRAM LEGISLASI NASIONAL: REKOMENDASI KONSEPTUAL DAN KEBIJAKAN PADA PROLEGNAS 2015-2019." Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 4, no. 3 (2015): 399. http://dx.doi.org/10.33331/rechtsvinding.v4i3.13.
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<p>Rendahnya capaian Prolegnas baik dari sisi kuantitas maupun kualitas pada dua periode Program Legislasi Nasional (Prolegnas): periode 2005-2009 dan periode 2010-2014, merupakan persoalan krusial pembangunan hukum yang harus dipecahkan. Dampaknya bukan saja minimnya capaian Prolegnas, tetapi pada eksistensi negara hukum Indonesia. Penelitian mengidentitifikasi dua permasalahan, Pertama , apa saja hal-hal yang menghambat tercapainya target Prolegnas pada periode 2005-2009 dan periode 2010-2014? Kedua , bagaimanakah konsep peningkatan kualitas dan kuantitas Prolegnas pada masa yang akan datang? Jenis penelitian adalah penelitian yuridis normatif. Penelitian ini menyimpulkan bahwa untuk meningkatkan kualitas Prolegnas, maka ketika pembahasan Rancangan Undang-Undang (RUU) oleh DPR, Pemerintah dan DPD hendaknya memperhatikan hal-hal: harmonisasi vertikal materi RUU dengan UUD NRI 1945 dan harmonisasi horizontal RUU dengan peraturan perundang-undangan, tingkat urgensitas dan kompatibilitas materi muatan undang-undang, dan peningkatan kapasitas legislative drafting anggota legislatif. Untuk menjamin peningkatan kuantitas Prolegnas, maka hendaknya ketika penyusunan RUU yang masuk menjadi bagian Prolegnas DPR, Pemerintah maupun DPD memperhatikan kapasitas kelembagaan DPR dengan target Prolegnas yang akan dicapai, mengkaji secara mendalam kerangka konseptual, landasan filosofis, landasan yuridis maupun landasan sosiologis keberadaan RUU, dan komitmen politik secara kelembagaan baik Pemerintah, DPR maupun DPD dalam menyelesaikan Prolegnas.</p><p>Low Prolegnas achievements both in terms of quantity and quality in the two periods of the National Legislation Program (Prolegnas): 2005-2009 and 2010-2014, is a crucial issue of law development that must be solved. The impact is not only the lack of achievement Prolegnas but the existence of the state of Indonesian law. This research identified two problems, first, what are the things that hinder the achievement of the Prolegnas target in the period 2005-2009 and the period 2010- 2014? Second, how is the concept of improving the quality and quantity of Legislation in the future? This type of research is a normative juridical research. The study concluded that in order to improve the quality of Prolegnas then the Government and Regional Representatives Council (DPD) in the discussion of each bill by the House of Representatives (DPR), should pay attention to things, such as: the vertical harmonization of each Draft Bill’s substance with the 1945 Constitution and the horizontal harmonization with legislation, the level of urgency and the compatibility of the laws’ substance, and the legislative drafting capacity of legislatures. To improve the quantity of Prolegnas, in the drafting of each Draft Bill that is in the Prolegnas, the Government and the DPD should pay attention to things, such as: the institutional capacity of the DPR with the Prolegnas target to be achieved, do an in depth conceptual framework studies, philosophical, juridical and sociological basis of the existence of the Draft Bill, and institutional political commitment of the Government, DPR and DPD in resolving Prolegnas.</p>
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Kumalaratri, Giosita, and Yunanto Yunanto. "URGENCY OF THE PERSONAL DATA PROTECTION BILL ON PRIVACY RIGHTS IN INDONESIA." Jurnal Hukum 37, no. 1 (2021): 1. http://dx.doi.org/10.26532/jh.v37i1.13604.
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The development of information technology in the era of globalization makes it easier for people to carry out their daily activities, apart from socializing, it can also be a channel for work. Behind the simplicity coveted by technological developments opens up loopholes related to personal data that is easily misused. Indonesia does not yet have specific laws governing the protection of personal data as a whole. So that the author will examine the urgency of the draft personal data law in Indonesia, personal data protection schemes, to the impact of the implementation of the personal data protection bill. This study uses a normative juridical research method. The results of the study point to a privacy rights protection scheme in which everyone has the right to publish personal data or the right not to publish personal data to the public. The weakness of personal data protection regulations in Indonesia that have not been specifically regulated increases the potential for crimes against the right to privacy, but the drafting of the Personal Data Protection Bill brings fresh air not only to the public but to the government sector to the international business environment.
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Du Plessis, Elmien WJ. "Silence is Golden: The Lack of Direction on Compensation for Expropriation in the 2011 Green Paper on Land Reform." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 2 (2017): 830. http://dx.doi.org/10.17159/1727-3781/2014/v17i2a2186.
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The government set the target for redistribution of land to 30% by 2014. They have adopted the "willing-buyer-willing-seller" model that relies on a voluntary transaction between farmers and government to acquire such land. Frustrated at the slow pace of land reform, the ruling party is starting to indicate that the state will in future rely on its expropriation powers to acquire such land. Section 25 of the Constitution makes it clear that when the state expropriates property, compensation must be paid. The current act, the 1975 Expropriation Act, determines that such compensation must be market value, while the Constitution lists market value as only one of at least five factors that must be taken into account when determining compensation. There have been various attempts at drafting legislation that will bring compensation practices in line with the Constitution, with the latest Bill published in March 2013. This article focusses on the Green Paper that preceded the Bill, and argues that not much direction is given on how compensation for expropriation should be calculated.
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Bell, John. "What is the Function of the Conseil D'etat in the Preparation of Legislation?" International and Comparative Law Quarterly 49, no. 3 (2000): 661–72. http://dx.doi.org/10.1017/s0020589300064423.
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Consideration of the Conseil d'Etat and its role in the preparation of legislation helps us in Britain to appreciate how our own legislative process might be improved. The Hansard Society Report1 suggested in 1992 that Britain needed to look beyond just improving the drafting of legislation and needed to reform the legislative process, both before a bill is presented to Parliament and in its passage through Parliament. My reflection on the French process is to suggest that this offers us a further focus of attention—the questions which should be asked during the scrutiny process. There are two areas where we need to ask questions—on fundamental rights and practical effectiveness. I think that the British trust too much to the political process to ensure that questions concerning respect for fundamental values and also administrative workability are addressed before a bill is passed by Parliament. This paper is influenced by observations made in 1986 of the Interior Section of the Conseil d'Etat in its scrutiny of a number of government bills at the beginning of the Chirac premiership.
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Stone, Christopher D. "Beyond Rio: “Insuring” Against Global Warming." American Journal of International Law 86, no. 3 (1992): 445–88. http://dx.doi.org/10.2307/2203963.
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In 1989 the United Nations General Assembly voted to convene a Conference on Environment and Development (UNCED) to be held in Rio de Janeiro in June 1992, with the highest possible level of participation. One of the major items on the agenda—many maintain, the highest priority—is a treaty to cope with climate change. Toward that end, the Assembly established the Intergovernmental Negotiating Committee, which was to try to finish drafting an effective framework convention on climate change in time to be signed at the conference.
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Назаркин, Евгений, and Evgeniy Nazarkin. "Expert’s Opinion Evaluation and Use of Forensic Examination Results in Criminal Cases Related to Penal Institutions." Journal of Russian Law 3, no. 6 (2015): 0. http://dx.doi.org/10.12737/11439.
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The article reveals general criteria for evaluating expert’s opinion, in particular, expert’s participation at the end of the preliminary investigation (inquiry) and during drafting of the indictment (crime bill), interaction between the investigator and the expert in identification and remedy of causes and conditions that facilitated the commission of the crime. The article considers two different methods of assessing expert’s opinion: the internal, which is confined to logical analysis of the opinion, understanding consistency of the scientific and technical means and methods of the research, applied by the expert, the nature of the identified features and their role in justification of the drawn conclusions; and the external, that assesses the opinion in the legal, procedural respect, and observance of the rights of the participants in a criminal case, as well as in relation to all criminal case files. Expert’s participation at the end of the preliminary investigation (inquiry) and during drafting of the indictment (crime bill) comes down to advice about the performed examinations, determination of the place and importance of the expert’s opinion in the totality of the available evidence collected for the criminal case. The interaction between the investigator and the expert in remedy of causes and conditions that facilitated the commission of the crime in penitentiary system of Russia is regarded as a daily routine in penal crimes’ investigation and a remedial measure with the purpose of prevention such crimes in future. As part of the study the author analyzed 60 files of criminal investigation on penalty crimes in various regions of Russia. The author highlights peculiarities and suggests conclusions after considering case studies on the issue. The research methodology involves the use of such techniques as analysis, synthesis, induction, interviewing and others.
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Payne, Julien D. "Divorce Reform in Canada: New Perspectives; An Analytical Review of Bill C-10 (Canada), 1984." Chronique de législation 15, no. 2 (2019): 359–83. http://dx.doi.org/10.7202/1059555ar.
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Bill C-10 (Canada), 1984 is entitled An Act to Amend the Divorce Act (R.S.C., 1970, c. 10). In reality, however, the fundamental character of some of the changes proposed therein constitutes a major reform of substantive divorce law and provides a limited foundation for radical changes in the adversarial legal process. The concept of “no-fault” divorce that was proposed by the Law Reform Commission of Canada in its Working Papers and Report on Family Law constitutes the basis of Bill C-10 with regard to the freedom to divorce and the judicial determination of the right to and quantum of spousal maintenance. But Bill C-10 provides little by way of a framework for the implementation of the Law Commission's recommendations for new processes that would ameliorate the injurious effects of the adversarial legal process. For example, the use of mediation as an alternative to the litigation of disputed issues is endorsed in clauses 5 and 16 of Bill C-10, but these clauses, and particularly clause 5, are badly drafted and are unlikely to foster mediated settlements where either lawyer representing the parties is intent on a battle in open court. Bill C-10 introduces much-needed policy objectives to assist the courts in determining whether spousal maintenance should be ordered on the dissolution of the marriage. Here again, however, the drafting is less precise than might be considered appropriate. The “best interests of the child” is declared to be the paramount criterion in applications for the maintenance, custody, care and upbringing of children, but no specific guidelines are provided with respect to the factors that might be relevant to a determination of a child's best interests. Joint custody orders and third party orders are expressly permitted, but not expressly encouraged, by clause 10 of Bill C-10. The jurisdictional requirements of section 5 (1) of the Divorce Act, R.S.C. 1970, c. D-8 have been simplified by clause 3 of Bill C-10, which retains only the one year ordinary residence requirement. Corresponding adjustments have been made to section 6 of the Divorce Act, which governs the recognition of foreign divorce decrees. Bill C-10 (Canada), 1984 thus constitutes a blending of the old and new. Whether this blend produces vintage wine or vinegar is a matter of opinion.
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Kaunda, Moses. "Resilience of the Status Quo: the Sad Story of the Zambian Lands Bill, 1994." Journal of African Law 39, no. 1 (1995): 87–92. http://dx.doi.org/10.1017/s0021855300005908.
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In the period since the Movement for Multi-party Democracy (MMD) was voted into government in 1991 by an overwhelming majority, the Lands Bill, 1994 (hereafter referred to as “the Bill”) easily stands out as the most publicly discussed piece of proposed legislation. When the Bill was introduced to Parliament debate was deferred sine die because most members of Parliament (MPs) demanded more time to examine its provisions and consult over proposed changes. Postponement was followed by a one-day seminar on die Bill organized by the Ministry of Legal Affairs. Thereafter, the government initiated a programme to explain the Bill to the public: on 29 September, 1994, a chiefs' workshop was arranged at Mulungushi International Conference Centre, Lusaka, but this came to nothing because invited chiefs did not attend. Then the government conceived provincial programmes for die public discussion of the Bill, but diese were then postponed indefinitely, as explained below.
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Al-Mondhiry, Rend, and Pam Mason. "Early Hearing Detection Advances: Model Bill, Policy Documents Presented at National Conference." ASHA Leader 13, no. 4 (2008): 1–37. http://dx.doi.org/10.1044/leader.an1.13042008.1.
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Parolin, Gianluca P. "Shall We Ask Al-Azhar? Maybe Not." Middle East Law and Governance 7, no. 2 (2015): 212–35. http://dx.doi.org/10.1163/18763375-00702002.
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This article analyzes the constitutional crisis precipitated by the approval of legislation on sharia-compliant state bonds under the brief enforcement of the 2012 Constitution in Egypt. The crisis confirms the centrality of constitutional design choices for the operation of sharia provisions. In particular, projecting a religious institution with conspicuous political capital in the deliberative process upended the previous arrangement of (almost) complete state control over sharia matters. This stands in sharp contrast to how drafters trivialized these design considerations and focused on the wording of the sharia provisions themselves. Moreover, the poor drafting of these sharia provisions—art. 219 in particular—did not provide for the proper constraints on the institutions involved, as shown in the recommendations on the Ṣukūk Bill put forward by the Body of Senior Scholars of al-Azhar.
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Theodos, Tiffany F. "The Patients’ Bill of Rights: Women’s Rights Under Managed Care and ERISA Preemption." American Journal of Law & Medicine 26, no. 1 (2000): 89–108. http://dx.doi.org/10.1017/s0098858800010832.
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AbstractPublic concern over the perceived failure of managed care has led many to call for the increased accountability of managed care organizations (MCOs). In response, during his January 1998, State of the Union address, President Clinton outlined a Patients’ Bill of Rights that would guarantee patients certain protections against abuses by their health plans. Since January 1998, the Patients’ Bill of Rights has been entrenched in partisan politics. Consequently, the 105th Congress failed to enact a Patients’ Bill of Rights and the 106th Congress has passed two opposing versions of the Bill. At the time of publication, the two bills sat in a joint House Senate conference committee awaiting reconciliation.Although both sides support legislation increasing patient protections, Democrats and Republicans are divided over the issue of remedies for patients who have had their rights violated.
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Asue, Daniel Ude. "A Catholic Inclusive Approach to Homosexuality in Nigeria." Theology Today 74, no. 4 (2018): 396–408. http://dx.doi.org/10.1177/0040573617731710.
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This essay discusses Same-Sex Marriage Prohibition Bill in Nigeria, with a focus on the contribution of the Nigerian Catholic Church to the law. Though the Catholic Church in Nigeria did not actively contribute towards the public debates about homosexuality that resulted into the Same-Sex Marriage Prohibition Bill it nevertheless welcomed the bill. However, the official teachings of the Catholic Church and elucidations from the Catholic Bishops Conference of Nigeria could potentially contribute to creating an inclusive society. In what way can we potentially utilize the principles of Catholic Social Teaching to make room for an inclusion of homosexual persons in the life of the church and in society?
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Kimura, Harumi. "Conference Report: Interlanguage: 40 years and later." Language Teacher 37, no. 5 (2013): 49. http://dx.doi.org/10.37546/jalttlt37.5-13.
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Interlanguage: 40 Years and Later, which was held from October 5 to 7, 2012 at the Cowin Center of Teachers College, Columbia University, was organized by the Roundtable in Second Language Studies to celebrate the 40th anniversary of the Interlanguage Hypothesis. Ten renowned researchers shared their thoughts on the hypothesis, explored the issues, and updated the ideas. They included Elaine Tarone, Terence Odlin, ZhaoHong Han, Silvina Montrul, Lourdes Ortega, Kathleen Boadovi-Harlig, Susan Gass, Charlene Polio, Bill VanPatten, and Diane Larsen-Freeman. Speakers had 60 minutes to give their talks, which were followed by 30- to 45-minute question-and-answer sessions. At the end, Larry Selinker, who coined the term interlanguage, gave the concluding speech.
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Hall, Christopher Keith. "The Fifth Session of the UN Preparatory Committee on the Establishment of an International Criminal Court." American Journal of International Law 92, no. 2 (1998): 331–39. http://dx.doi.org/10.2307/2998045.
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The Preparatory Committee on the Establishment of an International Criminal Court (Preparatory Committee or committee) held its fifth session from December 1 to 12, 1997. The Preparatory Committee, chaired by Adriaan Bos (the Netherlands), conducted most of its work in five open working groups to consider (1) definitions of war crimes, (2) general principles of criminal law, (3) penalties, (4) procedural matters, and (5) state cooperation. Three of the working groups were assisted by small drafting groups focusing on particular articles; in the other two working groups, the chairs undertook the task of drafting revised texts in the light of the discussion. The following short summary discusses some of the major decisions adopted by the five working groups; the positions of some of the states, including the United States, that were active on these issues; and the plans of the Preparatory Committee for its final session (March 16 to April 3, 1998) before the five-week diplomatic conference opens in Rome on June 15, 1998.
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Hoffman, Robert. "Powerful, personal: electronic mail and the L2 writing process." ReCALL 6, no. 2 (1994): 53–62. http://dx.doi.org/10.1017/s0958344000003244.
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This paper reports action research into the use of electronic mail as a channel for giving feedback to English L2 writers in a sequence of writing process oriented technical communication courses. Four teachers used electronic mail feedback (EMF) regularly with 81 students on honours degree courses In information Systems and Computer Science. Electronic mail was used during planning and drafting stages in extended simulations of technical communication situations in concert with class meetings, workshop sessions, one-on-one and small group conference and with audiotaped summative feedback upon completion of major assignments.Teachers and students reported in response to a questionnaire and in interviews that they found EMF significantly advantageous in that it supports prompt, complete, and instrumental commentary on student work, empowers students to use English for authentic communication, and helps build positive relationships between students and native speaking teachers. All participants agreed that the extra channel of communication contributed to students' motivation to use invention techniques freely, to take risks with language and style in drafting, and to make substantive changes to text in drafting. Students reported that the objectivity of EMF was face saving, allowing them to use critical commentary from their teachers more productively. They also said that they found their teachers' use of EMF was a powerful demonstration of their willingness to make themselves available as mentors to their students.
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Micozzi, Juan Pablo. "Division or Union of Labor? Analyzing Workers’ Representation in the Argentine Congress." Latin American Politics and Society 60, no. 4 (2018): 93–112. http://dx.doi.org/10.1017/lap.2018.54.
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AbstractDoes social background affect legislators’ behavior in office? Do individuals with specific social ties tend to be mainly concerned with representing their group of reference, beyond partisanship? This article deals with these questions by analyzing bill-drafting patterns by representatives in the Argentine Congress who belong to an understudied group: workers. The wide presence of a broad, populist party (Peronism) that historically incorporated organized labor, along with other groups, provides consistent variation for empirical assessment. Evidence demonstrates that only labor-based representatives in general, regardless of party membership, tend to use legislative resources to target workers, while every other member of the populist party does not consider labor issues at all in their legislative tasks. Such findings open new directions for analysis of representation, legislative performance, and strategies developed by dissimilar groups in broad political organizations.
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Arora, Bharti. "Negotiating Structural Inequalities in Post-independence India: The Case of Deserted Women and Widowhood in Indira Goswami’s Neel Kanthi Braja and A Saga of South Kamrup." Society and Culture in South Asia 3, no. 1 (2017): 1–23. http://dx.doi.org/10.1177/2393861716674546.
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The present article focuses on the plight of deserted women and widows in post-independence India, drawing its arguments from Indira Goswami’s novels Neel Kanthi Braja ( Shadow of Dark God 1986) and A Saga of South Kamrup (1993). It exposes the collusion between masculinity, patriarchy and national identity. While doing so, it not only interrogates the traditional concerns associated with wifehood and widowhood but also foregrounds the need to reclaim women’s bodies from becoming site and symbol for patriarchal and institutional control, especially as evident in the drafting of the Hindu Code Bill. It also seeks to privilege alternative modes of identifying relationships and concerns of women’s sexuality that may rest on mediation of lived experience and individual subjectivities so pertinent to ‘constructing new modes of politics and identity in post-independence India’ ( Sreenivas 2009 : 128).