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Relevant bibliographies by topics / Doctrine of strict compliance

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Academic literature on the topic 'Doctrine of strict compliance'

Author: Grafiati

Published: 4 June 2021

Last updated: 16 February 2022

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Journal articles on the topic "Doctrine of strict compliance"

1

Dumond, Yves. "From forest firefighting doctrine to digital battlefield: a case study." Disaster Prevention and Management 24, no. 3 (2015): 320–37. http://dx.doi.org/10.1108/dpm-03-2014-0043.

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Purpose – The purpose of this paper is to describe the use of information technology (IT) in the fight against forest fires in southern France. Design/methodology/approach – The focus is on specifying the infrastructure and equipment used during operational interventions, as well as the role and functioning of the mobile command posts, which represent the nerve centers. As part of the firefighters operational practices, the concepts of the “tactical situation” and the “mobile means board” are at the heart of operations management. The purpose of the tactical situations is to present a synthetic overview of the theatre of operations through graphic representation on a background map. The function of the mobile means board is to manage the life cycle of the different resources engaged in the operations. The author first shows how these concepts were developed within the framework of manual management only. This is followed by an IT solution using a geographical information system for each of these operational modes. Findings – A profound recognition of operational practices was a prerequisite to enable the personnel to accept a progression towards the use of IT techniques. Research limitations/implications – The implemented approach precisely reflects the French forest firefighting doctrine. Application to other countries would thus require some adaptation. Originality/value – The software system provides an easy access to geographical information functionalities for firefighters managing forest fires. This is achieved in the framework of strict compliance with their recognized operational methods.

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2

Wan Ahmad Fauzi Wan Husain. "WATANIC JURISPRUDENCE: ARTICULATING THE LEGITIMATE ELEMENTS OF THE BASIC STRUCTURE OF THE FEDERAL CONSTITUTION." IIUM Law Journal 29, no. 1 (2021): 1–28. http://dx.doi.org/10.31436/iiumlj.v29i1.650.

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The doctrine of the basic structure of a constitution would be undisputable if those elements thereunder are clear and representing the facts of our local history, nationhood, and the principle of the rule of law. Former Chief Justice Tun Abdul Hamid Mohamad argued that the doctrine of the basic structure of a constitution introduced by the Indian Supreme Court contradicts Article 159 of the Federal Constitution and beyond the competent jurisdiction of the local courts. Hence, this article puts forward the conceptual framework of the basic structure adopted by the Federal Court in the case of Indira Gandhi to articulate those elements summed therein viewed from the watanic jurisprudence. The watanic jurisprudence analyses legal documents and sources of sovereignty based upon two philosophical worldviews; continuum and dichotomous frameworks relying upon the local legal history context and the present legal provisions of a country. Depending on a broad and purposive manner in proper linguistic, philosophic, and historical contexts of the Malaysian legal historical documents, the legitimate elements of the basic structure are the principle of sovereignty as embedded in the oath of office of the Yang di-Pertuan Agong together with the matters aggregated in Article 38(4), Article 159(5) and Article 161E. The oath of the Yang di-Pertuan Agong thus legitimizes Syariah compliance as the rule of law. The Federal Constitution of Malaysia also expressly protects its basic structure with strict conditional amendments. In conclusion, the basic structure of our Federal Constitution must be viewed from our local circumstances in compliance with the principle of constitutional supremacy and the rule of law.

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3

Darus, Faizah, Haslinda Yusoff, Dayang Milianna Abang Naim, et al. "Islamic Corporate Social Responsibility (i-CSR) Framework from the Perspective of Maqasid al- Syariah and Maslahah." Issues In Social And Environmental Accounting 7, no. 2 (2013): 102. http://dx.doi.org/10.22164/isea.v7i2.77.

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The rationale behind the establishment of Islamic organisations globally is based on the precept that Islamic organisations’ practices are conducted in accordance with the strict values and principles of Syariah. In line with this premise, the Corporate Social Responsibility (CSR) policies and practices of Islamic organisations should be underpinned by Islamic laws and principles as revealed in the Qur’an and the Sunnah. Drawing on the doctrine of Maqasid alSyariah and the concept of Maslahah, this study proposes an Islamic CSR (i-CSR) conceptual framework that will align the CSR policies and practices of Islamic organisations with the principles and values of Islam. The two conceptions are integrated with the CSR dimensions resulting in the prioritization of CSR practices based on Syariah principles. This study provides a structured approach to CSR policies and practices for Islamic organisations to ensure full compliance with Islamic principles. Such a conceptual framework would be of interest to Islamic organisations worldwide and regulatory authorities in countries that are hosts to Islamic organisations to improve CSR policies, practices and disclosure on the part of Islamic organisations.

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4

Richards, Katie. "Revisiting the fraud exception: a critique of United City Merchants v Royal Bank of Canada 40 years on." Legal Studies 39, no. 4 (2019): 656–75. http://dx.doi.org/10.1017/lst.2019.6.

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AbstractMuch has changed in the four decades since United City Merchants v Royal Bank of Canada, in which Lord Diplock established the fraud exception in transactions financed by documentary credit. In particular, the introduction of the UCP 600, case law on nullity documents and amendment to the American fraud exception justify a reconsideration of both the policy arguments underpinning Lord Diplock's rule and the fate of documents known to be forged or null at the time of presentation. Accordingly, two arguments are made in this paper. First, a consideration of the broader exception in the US should prompt a modern Supreme Court to re-examine his Lordship's insistence that a narrow exception was required to preserve the efficiency of the credit mechanism. In addition, it further argues that banks should be entitled to reject known nullities and forgeries as non-complying. This argument would reinstate the doctrine of strict compliance, which was overlooked in United City Merchants, and is based on the clarified definitions in the UCP 600, more recent judicial consideration of nullities and the existence of the ICC's International Maritime Bureau.

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5

Carroll, Jeffrey. "In Defense of Strict Compliance as a Modeling Assumption." Social Theory and Practice 46, no. 3 (2020): 441–66. http://dx.doi.org/10.5840/soctheorpract202041692.

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Rawlsian ideal theory has as its foundational assumption strict compliance with the principles of justice. Whereas Rawls employed strict compliance for his particular positive purpose, I defend the more general methodological point that strict compliance can be a permissible modeling assumption. Strict compliance can be assumed in a model that determines the most just set of principles, but such a model, while informative, is not straightforwardly action-guiding. I construct such a model and defend it against influential contemporary criticisms of models that assume strict compliance.

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6

Laurence, Ben. "Constructivism, Strict Compliance, and Realistic Utopianism." Philosophy and Phenomenological Research 97, no. 2 (2017): 433–53. http://dx.doi.org/10.1111/phpr.12379.

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7

VAVZHENCHUK, S. Y. "Legal Doctrine for Compliance with Labor Law." Journal of the National Academy of Legal Sciences of Ukraine 26, no. 2 (2019): 126–36. http://dx.doi.org/10.31359/1993-0909-2019-26-2-109.

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8

CARSON, THOMAS L. "Strict compliance and Rawls's critique of utilitarianism." Theoria 49, no. 3 (2008): 142–58. http://dx.doi.org/10.1111/j.1755-2567.1983.tb00211.x.

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9

Simmler, Monika. "Strict Liability and the Purpose of Punishment." New Criminal Law Review 23, no. 4 (2020): 516–64. http://dx.doi.org/10.1525/nclr.2020.23.4.516.

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The main argument of this article is that only a clear conception of the purpose of punishment can orient the debate about the positioning of the fault requirement and strict liability doctrine in criminal law. A categorization of the varieties of strict liability offenses, as well as an adequate model for normatively appraising the legitimacy of these deviations from the principle of culpability, should be based on a systematic analysis of criminal law’s role and function in society. As is argued, the original purpose of criminal law consists in the stabilization of norms by means of punishment. Taking up that finding, this work provides a detailed view of the distinct mechanism of placing blame, allowing for the presentation of a clear scheme for categorizing and appraising the variety of strict liability offenses. It is stated that offenses substantively deviating from the standard mechanism of placing blame can potentially result in over-punishment, which is dysfunctional and not justifiable. Properly placing blame is essential for the appropriate fulfillment of criminal law’s purpose in society. Therefore, the claim of the principle of culpability and critiques of strict liability doctrine find their basis not only in considerations of fairness, but also social necessity. By presenting a systematic categorization of strict liability offenses, this research offers a clear approach to a frequently discussed doctrine and establishes new arguments against its legitimacy.

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10

Lowman, John, and Ted Palys. "Strict Confidentiality: An Alternative to Pre’s “Limited Confidentiality” Doctrine." Journal of Academic Ethics 5, no. 2-4 (2007): 163–77. http://dx.doi.org/10.1007/s10805-007-9035-7.

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