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Journal articles on the topic 'Constitutional legislation’s incorporation'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Desierto, Diane A. "Treaties in the Philippine Constitutional System." ICL Journal 16, no. 1 (2022): 27–134. http://dx.doi.org/10.1515/icl-2021-0035.

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Abstract International law has always had a dual significance to the Philippine constitutional system. On the one hand, the frequent articulation of international law principles within modern Philippine constitutional norms, statutes, and administrative rules demonstrate an outward-looking normative ethos – one I have described in other scholarship to be consistent with the 1987 Philippine Constitution’s ‘universalist history’. On the other hand, the considerable volume of Philippine jurisprudence applying international law norms to date overwhelmingly illustrate how Philippine litigants have

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2

Yerzhanova, F. A., and M. Yu Abdakimova. "Constitutional and legal aspects of the ratio of international and domestic law." Bulletin of the Karaganda University “Law Series” 97, no. 1 (2020): 12–20. http://dx.doi.org/10.31489/2020l1/12-20.

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The article discusses the content and role of constitutional legal regulation of the ratio of domestic and international law in Kazakhstan and foreign countries. The authors show the domestic and foreign specifics of the constitutional regulation of the correlation of national and international law, different approaches of legislators to fixing the correlation of domestic and international law in the Basic Laws are indicated. The article also addresses the problems of interaction between international and constitutional law. The authors highlight theoretical and practical issues related to the

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Essop, Fatima. "Do Islamic-law wills contravene the common-law prohibitions against delegation of testamentary powers and incorporation by reference?" South African Law Journal 140, no. 3 (2023): 579–610. http://dx.doi.org/10.47348/salj/v140/i3a7.

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Although the Constitution of the Republic of South Africa, 1996 provides for the enactment of legislation recognising various systems of personal and family law, no legislation has yet been enacted to recognise Muslim personal laws of marriage, divorce or inheritance. This has not precluded South African Muslims from implementing Muslim personal laws in their private lives, with the assistance of various Muslim ulama bodies. In the sphere of inheritance, Muslim testators ensure that their estates devolve according to the Islamic laws of inheritance by incorporating the Islamic laws of inherita

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beygizadeh, marziyeh. "How to realize the idea of supervision of jurists in the Constitution of the Islamic Republic of Iran." Journal of Social-Political Studies of Iran's Culture and History 1, no. 3 (2022): 52–79. https://doi.org/10.61838/kman.jspsich.1.3.3.

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One of the issues considered by the clergy after the victory of the revolution was the supervision of legislation, which was realized in the form of the principles of the Guardian Council in the constitution. The question of the present article is how the idea of jurists' supervision of the parliament's approvals in the form of the principles of the Guardian Council was proposed in the constitution and was approved by the council of constitutional experts. The present article, using the main sources and the conducted researches and relying on the descriptive-analytical approach, came to the co

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Mishyna, Natalia V., and Olena O. Surilova. "CONSTITUTIONAL AND ADMINISTRATIVE ASPECTS OF THE UKRAINE’S MEDICAL CODE." Wiadomości Lekarskie 73, no. 1 (2020): 191–95. http://dx.doi.org/10.36740/wlek202001136.

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The aim of this study is to show which aspects of Ukraine’s constitutional and administrative law should appear in Ukraine’s future medical code. Materials and methods: The authors analyse five pieces of law or proposed law, including the 1996 Constitution’s provisions on health care, Law the Fundamentals of Health Protection and the main codes. The authors apply classical legal analysis to these laws – analyzing the first three chapters of the proposed medical code from a constitutional and administrative perspective. The other methods used by the authors are systemic, comparative and synerge

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Komarova, V. V. "The Constitutional Model of Interaction in the Constitutional Acts of Modern Russia." Actual Problems of Russian Law 18, no. 10 (2023): 11–19. http://dx.doi.org/10.17803/1994-1471.2023.155.10.011-019.

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The paper examines the term «interaction» updated in the process of the 2020 Constitutional Reform. The author analyzes the constitutional model of the interaction implementation in the Constitution of Russia, federal legislation and constitutional (statutory) legislation of the constituent entities of the Federation. Based on the comparative legal analysis, the paper explains the features of interaction in the unified system of public authorities at various levels, the features of goal-setting and types and forms of interaction. The author concludes that different goal-setting of interaction

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Czybulka, D. "Naturschutz und Verfassungsrecht." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 2, no. 1 (2017): 60. http://dx.doi.org/10.17159/1727-3781/1999/v2i1a2892.

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Nature Conservation and Constitutional Law in Germany Germany's federal structure is mirrored in its constitutional law consisting of the federation's Basic Law and the constitutions of the federal states subject to conformity with the former. "Nature conservation" in the constitutional context means the "protection of the natural basis of existence" comprising all natural values such as flora, fauna, soil, water, air, climate, landscape and their interdependencies. The process of incorporating provisions on nature conservation in the constitutions of both state levels intensified in the 1970'

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8

Cameron, Iain. "The Swedish Experience of the European Convention on Human Rights Since Incorporation." International and Comparative Law Quarterly 48, no. 1 (1999): 20–56. http://dx.doi.org/10.1017/s0020589300062874.

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The Swedish statute incorporating the European Convention on Human Rights (hereafter “the Convention”) entered into force on 1 January 1995.1The present article will look at what can loosely be termed the constitutional issues raised by incorporation of the Convention into Swedish law. One of the most interesting features of the Convention, like EC law, is that it is a separate, autonomous system of law which nonetheless, with incorporation, becomes a part of the national legal system. As such it cuts across national legal categorisations. But it is also an incomplete system. Convention issues

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Fandy Gultom, Iswanti Rachmanisa, Vedita Akbar, et al. "Tinjauan Yuridis terhadap Fungsi dan Kewenangan Legislasi Dewan Perwakilan Daerah (DPD) dalam Sistem Parlemen Bikameral (Dua Kamar) Negara Republik Indonesia." Intellektika : Jurnal Ilmiah Mahasiswa 3, no. 1 (2024): 126–38. https://doi.org/10.59841/intellektika.v3i1.2037.

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In the process of forming a law or legislation, the DPD does not have the power to decide or play a role in the decision-making process at all. Even though there are support requirements to become a member of the DPR. This means that the quality of the legitimacy of DPD members is not at all balanced by the quality of their authority as representatives of the regional people. The aim of this research is to analyze the function and authority of the Regional Representative Council in the Structural Institution of the Republic of Indonesia State Legislative Institution and how to optimize the fun

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Syeda, Muhadsa Naqvi. "The Role of International Law in the Irish Legal System- A Comprehensive Review." TRENDS IN CONTEMPORARY SCIENTIFIC RESEARCH 1, no. 1 (2022): 7–14. https://doi.org/10.5281/zenodo.6309565.

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In 1921, the partition of Ireland led to set two parliaments guided mainly by the written constitution. Currently, there are two legal systems in Ireland, directly associated with the common law systems. The Law of Ireland consists of Statute, Common and Constitutional Law however, the Constitutional Law is the highest in the state from which all the other laws derive authority and guidance. Thus, current article also highlights the Irish legislative system and further incorporation of Human Rights Law in the relevant legal infrastructure. We have discussed the extent to which Irish courts are

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Mujuzi, Jamil Ddamulira. "The Right Against Double Jeopardy (Non Bis In Idem) in the Constitutions of African Countries." Journal of Comparative Law in Africa 10, no. 2 (2023): 77–106. http://dx.doi.org/10.47348/jcla/v10/i2a3.

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Article 14(7) of the International Covenant on Civil and Political Rights (1966) provides that “[n]o one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country”. In human rights law, this is referred to as the right against double jeopardy (non bis in idem). The ICCPR has been ratified or acceded to by all African countries with the exception of Comoros and South Sudan. This implies, inter alia, that African countries must ensure that the right against double jeopar

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Korotkevich, M. A. "Current reform of public broadcasting in Germany as a constitutional and legal problem." Lomonosov Law Journal 65, no. 3, 2024 (2024): 168–87. https://doi.org/10.55959/msu0130-0113-11-65-3-10.

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The article critically analyzes the current reform of public broadcasting (öffentlich-rechtlicher Rundfunk) in Germany, which began in 2020 with the adoption of Interstate Media Treaty and reached its maximum intensity in 2024, when the Expert Council of the Broadcasting Commission of federal states proposed the first draft of changes providing for a systemic restructuring of the institute. Focusing on the proposals for the transformation of public broadcasting in 2024, they are being evaluated for compliance with the constitutional and legal guarantees of the German communication order, which

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Стрєльцова, Ольга, and Сергій Прилуцький. "CONSTITUTIONALIZATION OF THE ASSOCIATION PROCESS BETWEEN UKRAINE AND EUROPEAN UNION: MEANINGFUL AND IMPLEMENTATING ASPECTS." Constitutional and legal academic studies, no. 3 (May 12, 2021): 67–76. http://dx.doi.org/10.24144/2663-5399.2020.3.07.

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The purpose of the article is to research the process of constitutionalization of associative relations between Ukraine and European Union. The authors distinguish and reveal two significant aspects of this process: meaningful and implementing. It is determined that the meaningful constitutionalization by its essence is the constitutional modernization, where the meaningful updation of the Constitutional provisions is being made in order to form the constitutional pillars for further democratization of social and political life in Ukraine, the approximation of the national political and

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Tormey, L. I., and E. A. Kuznetsov. "Habeas Corpus in Argentina." Lomonosov Law Journal 65, no. 5, 2024 (2024): 104–14. https://doi.org/10.55959/msu0130-0113-11-65-5-7.

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This article provides a comprehensive analysis of the institution of habeas corpus in Argentine law, tracing its historical origins and examining its modern regulatory framework. The evolution of this legal mechanism is explored through the lens of constitutional reforms, including its incorporation into the Argentine Constitution and adaptation to contemporary legal realities. Special attention is given to judicial practice and various forms of habeas corpus: hábeas corpus reparador (traditional), hábeas corpus preventivo (preventive), hábeas corpus restringido (restricted), hábeas corpus de

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Ahmad, Shakeel, Fazal Rabbi, and Ahsan Riaz. "Implementation and Incorporation of International Treaties into Domestic Law of Pakistan: A Case Study of International Space Law Treaties." Global Legal Studies Review VII, no. I (2022): 67–73. http://dx.doi.org/10.31703/glsr.2022(vii-i).09.

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Countries routinely sign bilateral and multilateral treaties that oblige them to abide by their terms.Ratification of the international treaty requires that common law countries should incorporate the treaty into domestic law. English common law serves as the foundation for Pakistan's legislation governing the reception of international treaties. The rationale of the common law system typically does not directly incorporate international treaties but requires separate enabling legislation so that there should be no conflicting legal provisions between national law and the provisions of the rel

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Sabit, Mohammad Minhazur Rahman. "Accommodating International Human Rights Law Principles in the Judicial System: Prospective Development of Bangladeshi Domestic Courts." Law and Society Students' Journal 1, no. 1 (2024): 16. https://doi.org/10.5281/zenodo.10580102.

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The unambiguous incorporation of international human rights into many national constitutions demonstrates that legal systems throughout the world are becoming increasingly open to customary international law. Although there is still much disagreement on the "universality" of human rights, most courts across the globe accept the more easily defendable IHRL principles, such as the right to life and freedom and the prohibition of torture. The propensity of national courts, especially in dualist systems like Bangladesh's, to view international human rights legislation as being purely ‘inspir

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Barrett, RI. "Towards Harmonised Company Legislation — ‘Are We There Yet’?" Federal Law Review 40, no. 2 (2012): 141–59. http://dx.doi.org/10.22145/flr.40.2.1.

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The enactment of uniform companies legislation in 1961-2 was a significant achievement for a country in which, a century earlier, multiple incorporations of the one body was the norm and a court of one colony questioned the existence of corporate personality created by the law of another. After Federation, business interests increasingly sought uniform State laws. They opposed centralised regulation which, in any event, was beset by constitutional difficulties. Commonwealth legislation eventually became the preferred model as shortcomings of uniform and co-operative mechanisms were progressive

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Valfredo, Ruben SP. "Justiciability of economic, social and cultural rights under the legal system of South Sudan: A preliminary assessment." African Human Rights Law Journal 24, no. 1 (2024): 101–26. http://dx.doi.org/10.17159/1996-2096/2024/v24n1a5.

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This article provides an overall assessment on the justiciability of economic, social and cultural rights (ESCRs) within the legal system of South Sudan. It establishes that, in theory, ESCRs are justiciable under the legal system of South Sudan in a complementary and collaborative manner at two levels, namely, the national and supranational. The article argues that ESCRs may in theory be legally and judicially enforceable by virtue of the Constitution and domestic legislation. Furthermore, ESCRs are justiciable by virtue of the automatic incorporation of numerous treaties into the Bill of Rig

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Anichkin, E. S. "Constitutional status of an individual in the context of coronavirus pandemic: vectors of transformation in Russia." Law Enforcement Review 5, no. 3 (2021): 101–11. http://dx.doi.org/10.52468/2542-1514.2021.5(3).101-111.

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The subject of research is the scientific understanding of the ways, manifestations and trends in the transformation of the constitutional status of an individual in the context of the spread of coronavirus infection.The purpose of the research is to confirm or disprove the scientific hypothesis that the COVID-19 pandemic impacts negatively on the content and implementation of the constitutional status of an individual in Russia.The methodology. General scientific methods, especially dialectical ones, made it possible to study the conditions and process of evolution of the constitutional statu

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Timilsina, Krishna Prasad. "Women’s Participation in Local Governments of Nepal: Assessing Local Elections of 2017 and 2022." Prithvi Academic Journal 7 (May 13, 2024): 150–58. http://dx.doi.org/10.3126/paj.v7i1.65772.

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The Federal Republic of Nepal was established after the second people's movement in 2006. The movement was for more political rights after the 1990 political change in the country. As a result, through the incorporation of inclusive principles into Nepal's constitution, women's representation has been mandated across all sectors of the state, including at the local level. This paper aims to examine the legal provisions and practices concerning gender-balanced seat allocation in key municipal positions, such as chief and deputy chief, chairperson and vice-chairperson, in which at least one occu

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Cheshin, Andrey Vladimirovich, Shikhtimer B. Magomedov, Vitaly V. Goncharov, and Elena Gennadievna Petrenko. "Organization and Implementation of Public Tax Control in Russia: Modern Problems and Ways to Solve Them." International Journal of Religion 5, no. 8 (2024): 66–74. http://dx.doi.org/10.61707/41r0z558.

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Annotation. This scientific research addresses the issues of the functioning and development of public tax control, which is the most important component in the system of guarantees of both the system of constitutional principles (especially democracy and the participation of Russian citizens in the functioning of the public administration system), and the system of rights, freedoms, legitimate interests of individuals and legal entities in Russia. The necessity of incorporating the institution of public tax control into the Russian legal system is substantiated. The article examines various a

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Podkopaev, Sergii. "General approaches to defining the concept of «organization of Prosecutor's office»." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 114–17. http://dx.doi.org/10.36695/2219-5521.1.2020.21.

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Constitutional and legal status of Prosecutor’s Office is the evidence of importance of this institution in society and the State. The Chapter VIII (Justice) of the Constitution has the provisions allowing to tell about the change of the role and the place of Prosecutor’s Office in the state power system. In the same time, the Article 92, paragraph 14, Article 1311 of the Constitution of Ukraine envisages that organization and activity of Prosecutor’s Office are determined exclusively by Law. It should be noted that the Preamble of the Law of Ukraine «On Prosecutor’s Office» states that it def

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Young, Alison L. "Brexit, Miller, and the Regulation of Treaty Withdrawal: One Step Forward, Two Steps Back?" AJIL Unbound 111 (2017): 434–39. http://dx.doi.org/10.1017/aju.2017.97.

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In “the constitutional case of the century,” the U.K. Supreme Court concluded that the Government did not possess the prerogative power to withdraw from the European Union. However, while it may be clear from the decision that legislation was required to empower the Government to notify the European Union of its intention to leave, the scope of the Court's reasoning in Miller is otherwise uncertain. At its broadest, the decision would apply to the withdrawal from any treaty that had created rights for individuals, regardless of whether such a treaty had been implemented into domestic law or no

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Subawa, Made, Bagus Hermanto, and Ni Putu Niti Suari Giri. "DYNAMICS OF PANCASILA AS A BASIS FOR THE QUALITY OF INDONESIAN LEGISLATION: A POSITIVE LAW PERSPECTIVE AND THE CONSTITUTIONAL COURT'S DECISION." Constitutional Law Society 4, no. 01 (2025): 135–61. https://doi.org/10.36448/cls.v4i01.94.

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This article interrogates the dimensions of the fifth-generation national philosophy of Indonesia, the 'Pancasila', and its potential to serve as the cornerstone for enhancing the quality of legislation in Indonesia. The prevailing concern is that the quality of Indonesian legislation is frequently compromised in terms of material and formal aspects, irrespective of the multidimensional, multidisciplinary, and even cross-border challenges confronting various developing countries. In order to address these concerns, it is imperative to delve into the fundamental principles of the 'Pancasila', w

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CHOI, Jeong Ho. "Is the constitutional right to education upheld by the legal policy of incorporating AI digital textbooks?" Korean Constitutional Law Association 31, no. 2 (2025): 345–89. https://doi.org/10.35901/kjcl.2025.31.2.345.

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The Ministry of Education introduced AI Digital Textbook (AIDT) in the first semester of the 2025 school year as a learning and education support software. The objective of this study is to demonstrate that the right to equal education in accordance with the capacity outlined in Article 33 of the Constitution is not being realized during the implementation of AIDT as a result of the government's legal policy, which is based on technological deterministic optimism, and the lean and agile strategy of technology companies. The following are the specific contents. Initially, the concept of persona

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Potapenko, Sergei Viktorovich, Vitalii Viktorovich Goncharov, Andrei Vladimirovich Cheshin, Elena Gennad'evna Petrenko, and Aleksandr Alekseevich Maksimov. "Institute of Public-Private Partnership in Public Control in Russia." Национальная безопасность / nota bene, no. 4 (April 2024): 1–15. http://dx.doi.org/10.7256/2454-0668.2024.4.71165.

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The article is devoted to the analysis of the current state and development of the institute of public-private partnership in the field of public control. The analysis of the system of legal guarantees ensuring the implementation and protection in the Russian Federation of the system of constitutional rights and freedoms of man and citizen, the rights and legitimate interests of public associations and other non-governmental non-profit organizations is carried out. The role and place of the institution of public control in the system of these legal guarantees are studied. The main problems hin

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Osman, Fatima. "The Consequences of the Statutory Regulation of Customary Law: An Examination of the South African Customary Law of Succession and Marriage." Potchefstroom Electronic Law Journal 22 (December 12, 2019): 1–24. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a7592.

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In pluralistic legal systems, the regulation of non-state law through statute carries the risks associated with codification; namely the ossification and distortion of law. This article examines the effects of statutory regulation on unwritten systems of law in the South African legal context. It argues that the constitutional recognition of customary law in South Africa has forced the state to legislate in this arena, the most notable enactments being the Recognition of Customary Marriages Act 120 of 1998 and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 o

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Marney, Liudmila. "French Legislation of the Napoleonic Era in the Kingdom of Poland: The Development of Political and Economic Freedoms in the First Half of the Nineteenth Century." Central-European Studies 7 (2024): 343–61. https://doi.org/10.31168/2619-0877.2024.7.11.

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According to the decision by the Congress of Vienna in 1815, Austria, Prussia and Russia, which included parts of the territory of the Duchy of Warsaw, assumed mutual obligations to ensure the rights of the Polish population. In the Kingdom of Poland, established on Polish lands within the Russian Empire, which was granted a constitution, preserved state institutions and some political and civil liberties, the French Civil Code (Code Napoleon) and the French Commercial Code continued to apply. Thus, the Duchy of Warsaw and the Kingdom of Poland were involved in the process of systematising sta

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Spielhaus, Riem, and Martin Herzog. "Finding a Place for Islam in Germany: Islamic Organisations under Private and Public Law." Journal of Religion in Europe 8, no. 3-4 (2015): 419–43. http://dx.doi.org/10.1163/18748929-00804009.

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While in current debates on Islam in Germany recognition is often reduced to incorporation of Islamic organisations under public law, this article demonstrates that German law provides a variety of legal instruments that allow for public involvement of religious communities incorporated under private law. Despite the formal separation of state institutions and religious communities, German law encourages collaboration and visibility of religion in public space. This corresponds with the German constitutional framework that locates religion not (only) in the private, but also in the public sphe

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Barak, Aharon. "The Codification of Civil Law and the Law of Torts." Israel Law Review 24, no. 3-4 (1990): 628–50. http://dx.doi.org/10.1017/s0021223700010128.

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From the establishment of the State until the present day, two quiet “revolutions” have occurred in Israeli law — thefirstin the area of public law, and thesecondin the area of private law. In public law we have witnessed the incorporation of a functional constitution — partly in the form of the Basic Laws, prescribed by the Knesset as constitutive authority; and partly through the consolidation of human rights, the handiwork of the Supreme Court engaged in judicial lawmaking. In private law we have witnessed the coalescing of a civil codification — mainly the product of the Knesset as legisla

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Kovalchuk, Vitaliy. "Feautures of the functioning of local government bodies during the period of marital law in Ukraine." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 40 (2023): 398–405. http://dx.doi.org/10.23939/law2023.40.398.

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Abstract. The article comprehensively theorizes and analyzes the unique aspects of legal regulations governing the operations of local self-government bodies during Ukraine's period of martial law. It presents specific proposals aimed at enhancing the legislation that oversees this sphere of power and legal relations. The article emphasizes the critical role of local self-government bodies during times of conflict, highlighting their continued significance as a crucial mechanism in upholding the efficient functioning of public authority and the state's defense capabilities. This was vividly de

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McKnight-Compton, Karen. "A Case of Gender Discrimination? Benchmarking Gender Discrimination Policies in Public Works." Public Works Management & Policy 2, no. 2 (1997): 115–20. http://dx.doi.org/10.1177/1087724x9700200201.

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In November 1996, California voters passed the controversial California Civil Rights Initiative (Proposition 209) to abolish race- and gender-preference programs by amending the state constitution. Although the constitutionality of this initiative is being debated in court and the final outcome is still to be decided, the potential impact of such legislation is widespread within the public works agency administration. Historically, public works agencies have developed and defined their workplace protection policies by referencing laws or regulations that were designed to protect employees. How

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Cheshin, Andrey Vladimirovich, Shikhtimer B. Magomedov, Vitaly V. Goncharov, and Elena Gennadievna Petrenko. "Modern Problems and Ways of Development of Public Customs Control in Russia." International Journal of Religion 5, no. 8 (2024): 75–85. http://dx.doi.org/10.61707/a84vsb19.

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Annotation. The article is devoted to the analysis of modern problems and ways of development of public customs control in Russia. The role and importance of the institution of public control in the system of legal guarantees for the implementation, protection and defense of the system of constitutional principles, the system of human and civil rights and freedoms, as well as the rights and legitimate interests of public associations and other non-governmental non-profit organizations is substantiated. The analysis of points of view in scientific and educational literature on the possibility o

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Donley, Greer. "Does the Constitution Protect Abortions Based on Fetal Anomaly?: Examining the Potential for Disability-Selective Abortion Bans in the Age of Prenatal Whole Genome Sequencing." Michigan Journal of Gender & Law, no. 20.2 (2013): 291. http://dx.doi.org/10.36641/mjgl.20.2.does.

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This Note examines whether the state or federal government has the power to enact a law that prevents women from obtaining abortions based on their fetus’s genetic abnormality. Such a ban has already been enacted in North Dakota and introduced in Indiana and Missouri. I argue below that this law presents a novel state intrusion on a woman’s right to obtain a pre-viability abortion. Moreover, these pieces of legislation contain an outdated understanding of prenatal genetic testing—-the landscape of which is quickly evolving as a result of a new technology: prenatal whole genome sequencing. This

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Raunio, Tapio. "Always One Step Behind? National Legislatures and the European Union." Government and Opposition 34, no. 2 (1999): 180–202. http://dx.doi.org/10.1111/j.1477-7053.1999.tb00477.x.

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NATIONAL PARLIAMENTS ARE CENTRAL ACTORS IN THE SCRUTINY AND implementation of European Union (EU) legislation. Member state legislatures provide a channel for incorporating public opinion into the governance of the Union. Their importance has become more evident during the 1990s as debate has focused on the democratic deficit and deparliamentarization of European governance.National parliaments are involved in EU decision-making in three ways: they 1) participate in national policy formulation on Union legislation; 2) monitor the behaviour of member state representatives in the Council of Mini

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Goncharov, Vitalii Viktorovich, Ol'ga Vladimirovna Grishchenko, and Elena Gennad'evna Petrenko. "The Federal Tax Service and its territorial divisions as objects of public control in Russia." Налоги и налогообложение, no. 6 (June 2023): 21–29. http://dx.doi.org/10.7256/2454-065x.2023.6.69325.

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The article is devoted to the analysis of the Federal Tax Service and its territorial divisions as objects of public control in the Russian Federation. The paper substantiates the role and place of the institution of public control in the system of legal guarantees for the implementation and protection of the constitutional principles of democracy and the participation of Russian citizens in the management of state affairs. The Federal Tax Service and its territorial divisions occupy a special place in the system of objects of public control in the Russian Federation. However, the organization

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Malinovskii, Oleg Nikolaevich, Vitalii Viktorovich Goncharov, and Elena Gennad'evna Petrenko. "Public control over migrant workers in Russia: to the problem statement." Национальная безопасность / nota bene, no. 4 (April 2024): 61–72. http://dx.doi.org/10.7256/2454-0668.2024.4.71591.

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This article is devoted to the analysis of modern problems of the organization and implementation of public control over migrant workers in the Russian Federation. The authors argue that public control is the leading institution of civil society, which is the most important legal guarantee for the implementationand protection of both the system of constitutional principles and the entire system of rights, freedoms and legitimate interests of citizens and non-governmental non-profit organizations. The paper substantiates the position that public control measures should be carried out in relatio

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Potapenko, Sergei Viktorovich, Marina Stanislavovna Savchenko, Yatsek Zalesny, Andrei Vladimirovich Cheshin, and Vitaly Viktorovich Goncharov. "Public control over public procurement." NB: Административное право и практика администрирования, no. 2 (February 2025): 63–79. https://doi.org/10.7256/2306-9945.2025.2.72685.

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The article is devoted to public control over public procurement in Russia. The relevance and scientific novelty of the work lies in the development and justification of a system of measures to resolve a set of problems that impede the implementation of public control over public procurement. The analysis of the problems associated with the organization and conduct of public control events in relation to public procurement is carried out: the lack of consolidation of this institution of civil society in the Constitution of Russia; the absence in the legislation on public control and procuremen

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Sunata, Ulaş, Aslı Makaracı Başak, and Seda Öktem Çevik. "Legal gender recognition in Turkey." International Journal of Discrimination and the Law 22, no. 1 (2022): 56–73. http://dx.doi.org/10.1177/13582291211070223.

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Despite recent advances in transgender rights in European countries, some legal systems still have barriers such as obligatory diagnosis, sterilization, and medical interventions and incorporating societal acceptance and public order into their discourse. This study dealing with the regime of legal gender recognition in Turkey first reveals critical reciprocating historical developments in national legal regulations for affirming trans identities. Then, the recent conditions laid down by the 2017 Constitutional Court judgments stating that transgender people do not require permanent sterilizat

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Cheshin, Andrey Vladimirovich, Vitaly V. Goncharov, Elena Gennadievna Petrenko, Sergey V. Potapenko, Alexander Alekseevich Maksimov, and Viktor Valentinovich Nagaytsev. "Social Sciences (Miscellaneous) Public-Private Partnership in The Field of Public Control." International Journal of Religion 5, no. 8 (2024): 1104–11. http://dx.doi.org/10.61707/84dzbv49.

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This article is devoted to the analysis of the current state and development of the institution of public-private partnership in the field of public control. The work analyzes the system of legal guarantees that ensure the implementation, protection and protection in the Russian Federation of the system of constitutional rights and freedoms of man and citizen, the rights and legitimate interests of public associations and other non-governmental non-profit organizations. The role and place of the institution of public control in the system of these legal guarantees has been studied. The main pr

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Dirkareshza, Rianda, Eka NAM Sihombing, and Muhammad Fauzan. "Analisis Perbandingan Penerapan Konsep Checks and Balances dalam Proses Legislasi di Amerika Serikat, Rusia, dan Indonesia." Jurnal Penelitian Hukum De Jure 25, no. 1 (2025): 67. https://doi.org/10.30641/dejure.2025.v25.67-80.

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In the framework of Indonesia’s constitutional governance, the principle of checks and balances among constitutional institutions is an essential component of the legal system. Indonesia adopts a bicameral legislative system involving the House of Representatives (Dewan Perwakilan Rakyat; DPR) and the Regional Representative Council (Dewan Perwakilan Daerah; DPD). However, DPD possesses limited legislative authority, particularly in drafting laws. Additionally, judicial oversight is conducted by the Supreme Court (Mahkamah Agung/MA). This issue gives rise to research questions pertaining to ra

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Kituku, Wambua, Collins Odote, Charles Okidi, and Patricia Kameri-Mbote. "Vertically-challenged? Interrogating intergovernmental coordination in Kenya’s municipal solid waste management (MSWM) for sustainability." South African Journal of Environmental Law and Policy 26 (2020): 62–104. http://dx.doi.org/10.47348/sajelp/v26/a3.

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The concept of environmental integration offers a viable paradigm for realisation of sustainability through incorporation of environmental protection considerations in policy and legislation. Pursuing optimal environmental integration between various levels of governance – a concept known as vertical environmental integration (VEI) – is contingent on effective and adequate intergovernmental coordination. Using municipal solid waste management (MSWM) as a reference case, this paper explores the pursuit of VEI through intergovernmental coordination in Kenya. The paper argues that the prospects o

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Monsalve Cuellar, Martha Elisa. "Los medios consensuales de solución de conflictos en Colombia." Revista ANPPREV de Seguridade Social 1, no. 2 (2024): 1–8. http://dx.doi.org/10.70444/b9mrk705.

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This article explores consensual means of conflict resolution in the Colombian legal context, emphasizing labor law and occupational safety. Conciliation is highlighted as the backbone of labor law in the country, from its incorporation in historical legislation to its consolidation in the 1991 Constitution. In addition, the study examines internal mediation in cases of labor harassment according to the guidelines established by recent laws and resolutions. The text also addresses the evolution of mediation in the collective bargaining process, discussing the criticisms and reforms that have r

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Simpson, Mark. "The Agreement and devolved social security: a missed opportunity for socio-economic rights in Northern Ireland?" Northern Ireland Legal Quarterly 66, no. 2 (2018): 105–25. http://dx.doi.org/10.53386/nilq.v66i2.146.

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The UK government made three key human rights-related commitments in the Good Friday Agreement, the basis for the restoration of devolution and transition from conflict to peace in Northern Ireland: to incorporate the European Convention on Human Rights into Northern Ireland law; to consider proposals for a regional Bill of Rights; and to ensure compliance with the state’s international obligations in the region. While ECHR compliance is required of devolved institutions by the constitutional legislation, the prospects of a Bill of Rights being enacted appears limited and oversight of complian

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Ülgen, Özlem. "Strengthening European Union Democratic Accountability Through National and Treaty-Based Pre-Legislative Controls." German Law Journal 16, no. 4 (2015): 741–80. http://dx.doi.org/10.1017/s207183220001988x.

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This article considers whether greater accountability for EU supranational decision-making can be achieved through a combination of member states' legislative processes and EU treaty-based mechanisms. The EU is formed by member states' national consent through treaty ratification and a system of domestic pre-legislative controls on consent—parliamentary approval, public consultation and referendum—which operates to limit the nature and extent of EU law. Using the UK as an example to compare with other member states, the article contends that such domestic controls are prerequisites to national

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Fathulloh, Syahid, and Mufidah Mufidah. "Urgensi Pelaksanaan Asas Desentralisasi Dalam Mewujudkan Kesejahteraan Masyarakat Dalam Pandangan Fiqih Siyasah." Mizan: Journal of Islamic Law 5, no. 2 (2021): 315. http://dx.doi.org/10.32507/mizan.v5i2.1026.

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Welfare is a basic guarantee in the constitution. Therefore, the State must realize it. Indonesia is doing all its power and effort by implementing the principle of decentralization so that each region is managed by a regional government. This is intended for economic equality, so that welfare is realized for the community. The purpose of this study is to find out how the conception of prosperity in the theory of State Administration and Fiqh Siyasah. In addition to knowing how the urgency of implementing the principle of decentralization in realizing public welfare in terms of constitutional

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Mironova, S. M., A. I. Mordvintsev, and I. A. Eremenko. "Improvement of the external municipal financial control system in the context of public authority reform." Law Enforcement Review 5, no. 1 (2021): 96–107. http://dx.doi.org/10.52468/2542-1514.2021.5(1).96-107.

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The subject. The implementation of external municipal financial control cannot be called fully competent in Russia. Many practical problems are currently being addressed mainly through the transfer of powers to implement external financial control to a higher level. Amendment to Art. 131–133 of the Russian Federation's Constitution in terms of clarifying the powers of local self-government and incorporating it into public authority, predetermines subsequent amendments to the legislation on local self-government, which can be aimed, among other things, at improving the system of external munici

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Malinovskii, Oleg Nikolaevich, Vitalii Viktorovich Goncharov, and Elena Gennad'evna Petrenko. "On the possibility of public control over on-site tax audits in the Russian Federation: towards the formulation of the problem." Финансы и управление, no. 3 (March 2024): 165–80. http://dx.doi.org/10.25136/2409-7802.2024.3.71139.

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The article is devoted to the analysis of the possibility of public control over on-site tax audits. The activities of the tax authorities in Russia directly affect the rights, freedoms and legitimate interests of all individuals and legal entities. The problems of organizing and implementing public control measures in relation to the specified activities of federal executive authorities are of great interest and importance, especially in terms of on-site tax audits, during which representatives of the Federal Tax Service carry out within the premises of taxpayer various actions in order to mo

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Ivanov, Dmitrii, and Michail Kulikov. "International Standards of Preventive Measures and Their Implementations in the Legislation of the Russian Federation." Russian Journal of Criminology 14, no. 4 (2020): 623–30. http://dx.doi.org/10.17150/2500-4255.2020.14(4).623-630.

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The goal of this research is to identify problems arising during the implementation of international standards for the selection of preventive measures into Russian criminal procedure legislation. The authors specify the concept of international standards of criminal court proceedings, present the specific features of their incorporation into constitutional norms as well as rules in different branches of law. The importance of preventive measures in the general mechanism of legal regulation is shown. The authors prove the necessity of systemic changes in the part of Russian legislation that de

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Sefoka, Isaiah Mmatipe. "Safeguarding the right to education in South Africa: Whose responsibility is it." Journal of Quality in Education 15, no. 25 (2025): 79–94. https://doi.org/10.37870/joqie.v15i25.453.

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The essence of the right to education as outlined in section 29 of the 1996 Constitution remains a crucial and empowering entitlement deserving protection. Legally speaking, the right to education is inherent and thus places a responsibility on both governmental bodies and educational institutions to ensure its preservation at all cost. However, despite this legal mandate, it's evident that this right isn't always adequately upheld in accordance with educational legislation. This study delves into the safeguarding of the right to education, seeking to identify the parties responsible for ensur

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