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Journal articles on the topic 'Jurisdictional duality'
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1
Weber, B., and G. Schneider. "Revision of Industrial Effluent Regulations in Israel." Water Science and Technology 27, no. 7-8 (April 1, 1993): 71–78. http://dx.doi.org/10.2166/wst.1993.0536.
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Industrial effluent regulations in Israel can be promulgated pursuant to four statutory sources. No clear boundaries delineating the scope of these laws exist, and some of them are neither environmental nor water laws per se. The resulting legal situation is one of confusion, duality and even contradiction both institutionally and substantively. A revision in the Israeli approach towards the regulation of industrial effluent is proposed, taking into consideration some elements of the U.S. Clean Water Act. Ideas are presented for setting up jurisdictional boundaries between the local and central government authorities to differentiate between organic loads and hazardous materials. In addition, the paper calls for criteria and discretionary limits on the setting up of permit conditions and enactment of regulations as well as the need for improvement of existing effluent criteria.
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Duraev, Taulan A., and Natalia V. Tyumeneva. "The legal nature of judicial reconciliation." Izvestiya of Saratov University. Economics. Management. Law 23, no. 1 (February 21, 2023): 85–95. http://dx.doi.org/10.18500/1994-2540-2023-23-1-85-95.
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Introduction. The article examines the legal nature of judicial reconciliation with the participation of a judicial conciliator (hereinafter referred to as judicial reconciliation), and highlights the debatable nature of the topic under consideration. The authors state that it is necessary to disclose the legal nature of judicial reconciliation in order to clarify its place in the legal system of Russia and to identify functional links with other related institutions of substantive and procedural law. Problem statement. The article argues that the success of the introduction of the institution of judicial reconciliation into legal practice depends on the disclosure of its legal nature in the system of human rights tools and mechanisms. At the same time, the ambiguity of the term of “legal nature” itself contributes to uncertainty in this matter. It is proved that the content of the term of “legal nature” includes various signs of the phenomenon, which must be consistently disclosed in the process of cognition. The authors emphasize that the legal nature of judicial reconciliation is complex, dualistic. This is expressed in a combination of judicial (jurisdictional) and extra-judicial (non-jurisdictional, alternative) characteristics, which is clearly revealed in the dualism of the legal status of the judicial conciliator. Theoretical and empirical analysis. The analysis of the legislation shows that, on the one hand, a judicial conciliator is a former judge who has extensive practical experience in legal proceedings and a vision of the prospects for resolving the case; on the other hand, the judicial conciliator, while remaining part of the judicial system, is free from rigid conservativecorporatist judicial discipline when conducting judicial reconciliation and can, without excessive formalism and substantive resolution of the case, offer the parties mutually beneficial reconciliation conditions, under which the legal conflict will be resolved. Results. The authors conclude that the duality of the legal nature of judicial reconciliation is due to the convergence processes that take place in the Russian law and trends associated with the change in the configuration of the judiciary.
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Peralta Jorge, Daniel Ulices. "La Reforma Político-Electoral de 2014 y su vinculación con el Derecho Humano al Acceso a la Ciencia, Tecnología e Innovación en México. La Dualidad de la CTI: Derecho Humano al Acceso de la CTI y Política Pública / The Political-Electoral Reform of 2014 and its Linkage with the Human Right to the Access of Science, Technology and Innovation in Mexico. The Duality of the CTI: Human Right to Access of the CTI and Public Policy." Revista Internacional de Ciencias Sociales 7, no. 3 (March 5, 2019): 145–56. http://dx.doi.org/10.37467/gka-revsocial.v7.1985.
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ABSTRACTThis research work shows analytically the genuine link between Science, Technology and Innovation (CTI) and Electoral Law in administrative and jurisdictional headquarters, as well as the projection in public investment in CTI, attending the CTI block, not only from its traditional appreciation as a public policy, if not but as a Human Right, since precisely the vision proposed will allow us to provide the CTI with an integral duality in favor of social welfare, forcing the State to comply with the minimum of public investment in this field.RESUMENEl presente trabajo de investigación muestra de forma analítica la genuina vinculación entre la Ciencia, Tecnología e Innovación (CTI) y el Derecho Electoral en sede administrativa y jurisdiccional, así como la proyección en la inversión pública en CTI, atendiendo el bloque de CTI, no únicamente desde su perspectiva tradicional como política pública, sino como Derecho Humano, ya que precisamente la visión que se propone nos permitirá dotar a la CTI de una dualidad integral en pro del bienestar social, obligando al Estado a cumplir con el mínimo de inversión pública en el ramo.
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Rekshynskyi, V. O. "Social and legal significance of the non-jurisdictional protection of the social rights of military personnel in Ukraine." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 313–17. http://dx.doi.org/10.24144/2788-6018.2024.01.55.
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The article delves into the social and legal significance of non-jurisdictional protection concerning the social rights of military personnel in Ukraine. The author delineates that the significance of these protective measures unfolds within three distinct contexts. Firstly, the state assumes the role of an employer responsible for ensuring and safeguarding the social rights of military personnel. This dynamic underscores the presence of a social risk for military personnel, stemming from the confluence of two conflicting roles within a single entity - that of being both the controlled and the controller. In a legal and democratic state, this duality necessitates equilibrium through the provision of non-state protection for the social rights of military personnel. Secondly, Ukraine is witnessing a burgeoning civil society, whose advocacy efforts in human rights bolster social security for individuals, society, and the state, with a potential focus on safeguarding the social rights of military personnel. Thirdly, non-jurisdictional mechanisms for protecting the social rights of military personnel harbor considerable human rights potential. The state's commitment to fully realizing this potential would directly enhance the overall social security of military personnel. The human rights potential of civil society actors materializes through three primary forms of human rights protection. Firstly, it involves exerting comprehensive and legitimate pressure on violators of social rights, without compromising the state's defense capabilities. Secondly, it entails targeted and lawful influence on offenders. Thirdly, it encompasses fostering solidarity among military personnel and addressing their sense of belonging to a nearly homogeneous group. This group comprehends the intricacies of social security issues facing military personnel and ensures the protection of the rights of its members. In conclusion, the article synthesizes the findings of the study and underscores the necessity of establishing a platform for safeguarding the rights and interests of military personnel. This platform, founded on institutional partnership, would convene delegates from diverse civil society entities engaged in the ongoing protection of the social and other rights of military personnel.
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Sachdeva, Sachin. "Tax Treaty Overrides: A Comparative Study of the Monist and the Dualist Approaches." Intertax 41, Issue 4 (April 1, 2013): 180–207. http://dx.doi.org/10.54648/taxi2013018.
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This article involves a survey of the treaty practice in ten jurisdictions, namely, Canada, China, France, Germany, India, Japan, The Netherlands, Spain, the United Kingdom and the United States (alphabetically) to find out which theory (monism or dualism) has been adopted by each of these states to give effect to (tax) treaties in their legal systems and to find out further what is the effect, if any, of the choice of a theory adopted by a state on the status enjoyed by (tax) treaties in that state's legal system and consequently on the phenomenon of (tax) treaty override. With a view to appreciate the similarities and dissimilarities in the attitude and practice of these jurisdictions, the author studies both, the general treaty practice and the tax treaty practice for each of these ten jurisdictions, and categorizes, on the basis of information gathered, different aspects of treaty-making such as the power to make (tax) treaties, need for pre-ratification parliamentary approval, mode of receiving (tax) treaties into a state's legal system, status of (tax) treaties as compared to the Constitution and domestic (tax) statutes. It is observed that while some jurisdictions follow the theory of monism so that their tax treaties take direct effect internally without anything more, others are dualists and their tax treaties, although binding internationally, do not take effect internally until transformed by legislative action. Substantial space has been devoted to preparing an inventory of the instances of tax treaty overrides in each of the ten jurisdictions and the judicial response thereto with a view to find out the attitude of the domestic courts of these jurisdictions to situations of potential treaty overrides. The exercise undertaken by the author reveals that in some of the jurisdictions, the judicial approach is to uphold the precedence of tax treaties over domestic tax statutes, while in others, the judicial trend is to give effect to the most recent expression of the sovereign will on the basis of the later-in-time rule. In the end, the author undertakes a comparative analysis to report any perceivable difference in the approach of the monist countries from that of the dualist countries to the phenomenon of treaty override.
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Dani, Umar. "MEMAHAMI KEDUDUKAN PENGADILAN TATA USAHA NEGARA DI INDONESIA: SISTEM UNITY OF JURISDICTION ATAU DUALITY OF JURISDICTION? SEBUAH STUDI TENTANG STRUKTUR DAN KARAKTERISTIKNYA / UNDERSTANDING ADMINISTRATIVE COURT IN INDONESIA: UNITY OF JURISDICTION OR DUALITY OF JURISDICTION SYSTEM? A STUDY OF HIERARCHY AND CHARACTERISTIC." Jurnal Hukum dan Peradilan 7, no. 3 (December 18, 2018): 405. http://dx.doi.org/10.25216/jhp.7.3.2018.405-424.
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Ada dua perbedaan prinsip sistem peradilan di berbagai negara hukum, yaitu: pertama: sistem unity of jurisdiction yang dianut oleh negara-negara hukum rule of law yang hanya mengenal satu set pengadilan yaitu pengadilan biasa (pengadilan umum) dan tidak mengenal eksistensi PTUN. Kedua: sistem duality of jurisdiction yang dianut oleh negara-negara hukum rechtsstaat dikenal adanya dua set pengadilan yaitu pengadilan biasa (pengadilan umum) dan PTUN, pengadilan umum berpuncak ke Mahkamah Agung sedangkan PTUN berpuncak ke Dewan Negara (Conseil d’Etat). Kedua sistem ini bukan hanya struktur organisasi pengadilan yang berbeda, tetapi substansi hukum maupun hukum acaranya juga berbeda. Untuk di Indonesia, hasil penelitian menunjukkan bahwa sistem peradilan di Indonesia sangat unik, jika dilihat dari struktur organisasi peradilan maka lebih dekat pada sistem unity of jurisdiction, sedangkan jika dilihat dari prinsip-prinsip pengadilan atau tata cara penyelesaian sengketa maka lebih dekat pada sistem duality of jurisdicton sehingga penulis menyimpulkan bahwa sistem peradilan Indonesia adalah sistem campuran.The two main different principles in judicial system in the various legal states are namely (first): as the unity of jurisdiction system applied by rule of law which only consisted of civil court and, (second): the duality of jurisdiction system which applied by rechtstaat law states that is known consisted of civil court and administrative court. Civil court culminates in the Supreme Court while the Administrative Court culminates in the State Council (Conseil d'Etat). These two systems are not just different in court organizational hierarchy, but also different ini the legal substance and the legal procedural. The research reports show that the judicial system in Indonesia is very unique, from the judicial organizational hierarchy perspective is closer to the system of unity of jurisdiction, whereas from the principles of the court and the procedure of dispute settlement perspective is closer to the duality of system jurisdicton so the authors finally conclude that the judicial system of Indonesia is a mixture system.
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GATTINI, ANDREA. "The Dispute on Jurisdictional Immunities of the State before the ICJ: Is the Time Ripe for a Change of the Law?" Leiden Journal of International Law 24, no. 1 (February 11, 2011): 173–200. http://dx.doi.org/10.1017/s0922156510000683.
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AbstractThe pending dispute at the ICJ between the Federal Republic of Germany and the Republic of Italy on jurisdictional immunities of states bears on the hotly debated question of whether a state having committed a violation of jus cogens loses its immunity from civil jurisdiction abroad, as maintained by the Italian Court of Cassation. The article aims to demonstrate the untenability of the position of the Italian Court of Cassation, not only under current international customary law, but also under a prospective de lege ferenda. Nevertheless, different options are open to the ICJ to adjudicate the case, without impinging on possible future developments of state practice. The article closes by pointing at the risks that, in a strict dualist/pluralist perspective, not even an ICJ's decision in favour of Germany would eventually ensure compliance by Italian domestic judges.
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LATOUR, XAVIER. "Independence – an element of legitimacy for a French administrative judge." Public Administration 23, no. 2 (2021): 74–82. http://dx.doi.org/10.22394/2070-8378-2021-23-2-74-82.
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The article describes issues related to the independence of administrative judges in France. The merits of French administrative judges are constantly being discussed. Since the establishment of the Council of State, administrative jurisdiction has not only received the respect it deserves but has also been subject to criticism for its legitimacy. Consideration of the position of a French administrative judge refers to the jurisdictional dualism that is characteristic of France. The Administrative Court regularly makes strong arguments in its favor; it has the legally enshrined right to exist and objective grounds for this. It serves the idea of justice and equality, carries out tasks that no one else can fulfill through addressing three different audiences: the administration and the outside political power, of which it is a branch, the applicant, and the court of general jurisdiction. At the same time, it is necessary to pay attention to the problems of a European judge who can change the legal identity of a state. Some foreign judges dare to question the legitimacy of European case law and thus defend their own legitimacy, but in France, this approach is unlikely to be observed. The author believes that administrative judges should accept the classic challenge of a relationship with the national authorities and rethink its legitimacy concerning the supranational judiciary.
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Boyd, Jeffrey H. "A new variety of local realism explains a Bell test experiment: the Theory of Elementary Waves (TEW) with no hidden variables." JOURNAL OF ADVANCES IN PHYSICS 8, no. 1 (March 12, 2015): 2051–58. http://dx.doi.org/10.24297/jap.v8i1.1541.
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In a recent article on the Theory of Elementary Waves (TEW) (see “TEW eliminates Wave Particle Duality†in JAP, February 2015), the most controversial aspect was the claim that TEW provides a local realistic explanation of the Alain Aspect 1982 experiment. That claim was not proved. This article fills in that gap by providing a local realistic explanation of a Bell test experiment published in 1998 by Weihs, Jennewein, Simon, et al. Advanced TEW uses no hidden variables, and therefore does not fall under the jurisdiction of Bell’s theorem. It rejects wave particle duality. It violates the Bell inequalities, yet is local and realistic. Particles follow a bi-ray, which is composed of two elementary rays, traveling at the speed of light in opposite directions, coaxially, conveying no energy. As was the case with the previous article, the main obstacle to credibility is that these assumptions sound incredible. It is wise sometimes to tolerate ridiculous ideas, lest we fail to recognize a paradigm shift when one comes along. Another obstacle to credibility is the multitude of unanswered questions. A truly fruitful theory raises more questions than it answers, by a ratio of 100 to 1. TEW fulfills that definition of fruitfulness.
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Sharma, Ajay Kr. "How to Axe a Double Taxation Avoidance Agreement: Analysing Section 94A of the Indian Income Tax Act." Intertax 44, Issue 11 (November 1, 2016): 838–44. http://dx.doi.org/10.54648/taxi2016077.
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Section 94-A of the Indian Income Tax Act, which allows the Indian government (the executive) to notify any jurisdiction, by having regard to the lack of effective exchange of information with it, as a notified jurisdictional area (NJA) has been a bone of contention in a recent ruling delivered by the Madras High Court in India in T. Rajkumar case where the sole section 94-A notification issued in the year 2013 declaring Cyprus as a NJA was challenged along-with impugning the constitutional validity of section 94-A itself, which arguably may lead to an unilateral treaty override, as in the case of India-Cyprus DTAA. Both the statutory instruments were however upheld by the high court, and important to this judicial determination was the affirmation of adherence of India to the theory of ‘dualism’. In this article the author revisits the said contentious statutory instruments with threadbare-pointed legal analysis of the said judgement and other concomitant law and policy issues, along-with examination of the possible reactionary dispute resolution approaches on the international legal plane for resolving the Double Taxation Avoidance Agreement (DTAA) issues, which are not ordinarily resolvable by the domestic courts.
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Sofi Yuliniar. "Principles of State Administrative Court In Indonesia." JUSTICES: Journal of Law 2, no. 2 (June 27, 2023): 98–104. http://dx.doi.org/10.58355/justices.v2i2.27.
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In a principle of state administrative justice in Indonesia, there are two differences where this justice system lives in a rule of law state, the first is unity of jurisdiction, which means a unit of jurisdiction which will certainly be embraced by a rule of law country, where only one unit recognizes the entire set of courts, namely there is in ordinary courts such as (general courts) and quite unfamiliar with PTUN. Furthermore, the second in the duality of jurisdiction adopted by countries where laws are adhered to is the general court and Administrative Court. Now, where the general court is at the supreme court, while PTUN blends in with the state. Now, in these two cases, it is not only the organizational structure of the court that differs, but the legal subjects or procedural law are actually different. Now, in Indonesia, this is quite unique because there is a research result that we know very well, which is closer to a unified system of jurisdiction, but when viewed from the principles of justice or procedures for resolving disputes, it is closer to the system of dual jurisdiction, so that in writing want to conclude that the justice system in Indonesia follows a mixed system.
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Liviev, N. M. "Dualism in the Institution of Marriage Regulation System in the State of Israel." Actual Problems of Russian Law 17, no. 4 (March 18, 2022): 136–47. http://dx.doi.org/10.17803/1994-1471.2022.137.4.136-147.
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The paper discusses one of the most interesting institutions of Israeli family law, namely, the institution of judicial dissolution of marriage. The specificity of this institution lies in the fact that divorce proceedings are carried out by religious courts that have been operating for more than one century. In the State of Israel, along with the system of religious courts, a special, non-denominational court of general jurisdiction, called the Family Court, has been established and operated. The jurisdiction of this Court includes consideration and resolution of issues related to guardianship of minors and incapacitated individuals, that is, all those cases that arise as a result of the dissolution of marriage. At the same time, the issues of confirming the existence of marital relations and their termination are assigned to the exclusive jurisdiction of religious courts. If the spouses, by their religion, belong to Judaism or Islam, dissolution of a marriage is only possible by a decision of a religious court. The dissolution of a marriage between spouses belonging to Christianity is carried out in the general civil Family Court that operates under a specially developed law with respect to cases that are deemed special for Israel. Family matters, including the dissolution of marriages, in the Druze religious community are dealt with by a special judicial instance, the Druze court that differs from the courts of general jurisdiction.
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Alvehus, Johan, Netta Avnoon, and Amalya L. Oliver. "‘It’s complicated’: Professional opacity, duality, and ambiguity—A response to Noordegraaf (2020)." Journal of Professions and Organization 8, no. 2 (July 1, 2021): 200–213. http://dx.doi.org/10.1093/jpo/joab006.
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Abstract In this comment to Noordegraaf’s ‘Protective or connective professionalism? How connected professionals can (still) act as autonomous and authoritative experts’, we argue that Noordegraaf has contributed significant insights into the development of contemporary professionalism. However, we argue for a less binary and more complex view of forms of professionalism, and for finding ways of understanding professionalism grounded in a relational view of everyday professional work. The first section (by Johan Alvehus) suggests that Noordegraaf’s ‘connective professionalism’ is primarily about new ways of strengthening professionalism’s protective shields by maintaining functional ambiguity and transparent opacity around professional jurisdictions. The second section (by Amalya Oliver and Netta Avnoon) argues for viewing professionalism on a range of protection–connection and offers an approach for understanding how connective and protective models co-occur. Both commentaries thus take a relational, dynamic, and somewhat skeptical view on the reproduction and maintenance of professionalism.
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Sharfuddin, Rabita, Mark Glynn, and Marina Sampson. "Canadian Courts Dismiss Air Carrier Claims on Preliminary Bases." Air and Space Law 48, Issue 4 /5 (July 1, 2023): 493–504. http://dx.doi.org/10.54648/aila2023056.
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This article discusses recent Canadian jurisprudence which affirms that the Montreal Convention (The Montreal Convention was incorporated into Canadian law as a dualist system of international law by the Carriage by Air Act, Revised Statutes of Canada (RSC) 1985, c C-26 exclusively governs claims arising from international flights seeking damages for death or bodily injury; destruction, damage or loss to baggage and cargo; and delays. Plaintiffs who seek recourse without properly pleading the Montreal Convention, or adhering to its limitation period, risk having their claims dismissed on a preliminary basis. Additionally, plaintiffs who improperly bring claims in the Federal Court of Canada risk having their claims summarily dismissed on jurisdictional grounds.
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Pasko, Oleh, Fuli Chen, and Jianping Wang. "Does Board Composition Matter? The Relationship Between Board Characteristics and Financial Performance: Evidence From Chinese Listed Agricultural Companies." Research in World Economy 12, no. 1 (January 6, 2021): 177. http://dx.doi.org/10.5430/rwe.v12n1p177.
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The paper aims to make new insight to some of the contradicting findings in prior studies of the board structure–firm performance relationship and to assess this connection in the specific context of Chinese listed agricultural companies practice. The study investigates the data of Chinese agricultural listed companies from 2008 to 2017, using multiple regression authors examine the relationship between board characteristic and financial performance. Conducted by authors empirical analysis shows that CEO duality and board size are significantly positively correlated with financial performance (proxies - ROA, ROE, and EPS). Although, contrary to the findings made in Western institutional settings the paper’s results testify that board independence has no significant impact on financial performance in China. The study’s findings enrich the understanding of linkage “board structure–firm performance”, especially in China – institutional settings that have proved to differ in many ways from other jurisdictions. Additionally, the paper provides an in-depth synthesis of research into this linkage to the date.
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Jennings, Ronald C. "Cosmopolitan Subjects: Critical Reflections on Dualism, International Criminal Law and Sovereignty." African Journal of Legal Studies 7, no. 3 (September 12, 2014): 321–50. http://dx.doi.org/10.1163/17087384-12342050.
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Is contemporary international criminal law (icl) compatible with sovereignty and traditional international law (il) as it is comprehended by the doctrine of Dualism, as understood by the great majority of international jurists, scholars, government representatives and those working at the tribunals? What the literature has entirely missed is that three most important figures in the initial creation and institutionalization of ilc for the Yugoslavia Tribunal in 1994 – Antonio Cassese, Cherif Bassiouni and Theodor Meron – all shared a commitment to a monistic view based on expansive and radical interpretation of icl in which international criminal jurisdiction (iicj) – because it makes individuals its sole legal subject – as radically legally, politically and even ontologically incompatible with – and inherently to superior – sovereignty, as well as all those institutions based on traditional sovereign il (e.g., international humanitarian law, the un Charter system, and human rights). Normatively, they call for “the humanization” or individualization of international law marked by direct and unmediated relationships between iicj institutions and the individual. Practically, they acknowledge icl’s basis in modern statist domestic criminal law and Security Council power means that it is necessarily a unitary, top-down and subjecting power, incompatible with the claims of both dualists and pluralists. If the monists are correct, the African Union (au) must be very careful not to presume that what one likes about international courts (African, treaty- or sovereignty based tribunals) can be easily separated from what one does not like (unsc power, icc), because it was icl itself, not the tribunals, which is fundamentally anti-sovereign. As a result, this article concludes that icl itself is now too closely ground in iicj to think that it could be separated in an African court.
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Wylon, Mirosław. "Problematyka definicji miasta i ludności miejskiej w Chińskiej Republice Ludowej." Prace Geograficzne, no. 164 (2021): 91–103. http://dx.doi.org/10.4467/20833113pg.21.001.13426.
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Problems of city definition and urban population in the People’s Republic of China Present urbanization processes are characterized by unusual spontaneity, reflected in numerous problems in defining urban population and determining real city boundaries. Of particular interest, from a scientific point of view, is the case of China, where a considerable dynamics of socio-economic transformations, as ell as political and administrative issues are reflected in a complex urban structure. Serious complications in determining the real Chinese urban population number, or determining real city boundaries are the complicated administrative division, manifested by an unnatural size of the cities, and the inclusion of rural population under their urban jurisdiction. In addition, the question of social duality between the countryside and the city,caused by the Hukou register system, seriously hampers estimations of a city resident number. Mass migration from the countryside to cities, in most cases without updating the Hukou system, resulted in a lack of complete and accepted statistics concerning the population of Chinese cities. It is also worth mentioning, that rural migrants in urban areas are often a secondary category of citizens facing socio-economic discrimination, leading to a visible and tangible polarization among Chinese urban residents.
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Yusdiansyah, Efik, and Wicaksana Dramanda. "TREATIES AS A SOURCE OF NATIONAL LAW IN THE PERSPECTIVE OF CONSTITUTIONAL LAW." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 10, no. 2 (2023): 234–53. http://dx.doi.org/10.22304/pjih.v10n2.a5.
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The 1945 Constitution of the Republic of Indonesia does not regulate the relations and interactions between treaties and national law. The absence of constitutional norms regarding this matter raises the question of how treaties become a source of national law. This study puts forward the perspective of constitutional law to answer how national law perceives treaties in the dimensions of national law. It argues that the constitutional law paradigm views treaties as a product of the legislative and executive interaction within the framework of the theory of separation of powers. Based on this view, the formation of law is the original power of the legislature, which impacts the obligation to provide legislative consent before treaties can be applied to domestic jurisdictions, as well as placing treaties under the 1945 Constitution. Thus, Indonesia can remain selective in enforcing treaties at the domestic level. The 1945 Constitution paradigm indeed influenced Indonesia's closeness to the teachings of dualism. However, this paper also describes that in using treaties, the Constitutional Court often uses treaties that have yet to be ratified as a basis for strengthening arguments in decisions. This practice shows a shift in the paradigm of dualism to a pragmatic monism paradigm.
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Uksusova, E. E. "Access to Court as a Determinative Procedural Act for the Exercise of Justice and Protection of Rights in Civil Cases (Part 2)." Actual Problems of Russian Law 16, no. 1 (January 28, 2021): 99–110. http://dx.doi.org/10.17803/1994-1471.2021.122.1.099-110.
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The author, following the focus of the study on specialization of civil procedural law in the Russian legal system as manifested regularity of its development, relying on the inevitable dualism and interaction between material and procedural law, comprehends its current state on the example of certain basic procedural and legal institutions: the institution of the right of access to court, the institution of protection of the rights and interests of other persons, the institution of jurisdiction, etc The author’s use of known and proposed legal constructions, categories and concepts in the author’s combination and (or) interpretation makes their research urgent for the purposes of understanding of the key conditionality of civil procedural law specialization in the Russian law system as providing them with the administration of justice and protection of rights in civil cases in compliance with their wide understanding when the right to judicial protection in the system of constitutional rights and freedoms constitutes a guarantee for all of them. This paper is the second in a series of three papers devoted to the problem of the right of access to court as the most important issue of dualism and interaction between material and civil procedural rights.
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ACHMAD, AMRINA HABIBI. "DUALISME PENERAPAN HUKUM BAGI PELAKU KEKERASAN SEKSUAL TERHADAP ANAK." Vol. 20 No 2 Oktober 2019, no. 20 (January 13, 2020): 267–90. http://dx.doi.org/10.23969/litigasi.v20i2.1561.
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National law regulating child protection stipulates that every child has the right to secure protection, one of which is from sexual crimes, and gives the authority to adjudicate the case to the juvenile court under the district court. But on the other hand, the local law in force in Aceh stipulates that the authority is to adjudicate cases of sexual violence against children to the Sharia Court. Both of these regulations give rise to legal dualism that governs the same case in the Aceh jurisdiction, so that it can cause problems in its enforcement. This article intends to question the implementation of the absolute authority of the judiciary in theresolution of cases of sexual violence against children in Aceh, and explains the application of sanctions for perpetrators of sexual violence against children. This article is the result of a research that uses the juridical empiric method. Implementation of absolute authority in judicial institutions related to the settlement of cases of sexual violence against children in the jurisdiction of Aceh, district courts whose authority is given by national law are more competent than the Sharia Court whose authority is given by local law. One of the reasons among many is because district court judges generally have special certificates for adjudicating cases involving children, while the judge of the Sharia Court did not.
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Uksusova, E. E. "Access to Court as a Determinative Procedural Act for the Exercise of Justice and Protection of Rights in Civil Cases (The Beginning)." Actual Problems of Russian Law 15, no. 12 (December 30, 2020): 90–108. http://dx.doi.org/10.17803/1994-1471.2020.121.12.090-108.
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The author, following the focus of the study on specialization of civil procedural law in the Russian legal system as manifested regularity of its development, relying on the inevitable dualism and interaction between material and procedural law, comprehends its current state on the example of certain basic procedural and legal institutions: the institution of the right of access to court, the institution of protection of the rights and interests of other persons, the institution of jurisdiction, etc. The analysis caried out within the framework of the study takes into account the Russian legislative reforms undertaken in recent decades. The author’s use of known and proposed legal constructions, categories and concepts in the author’s combination and (or) interpretation makes their research urgent for the purposes of understanding of the key conditionality of civil procedural law specialization in the Russian law system as providing them with the administration of justice and protection of rights in civil cases in compliance with their wide understanding when the right to judicial protection in the system of constitutional rights and freedoms constitutes a guarantee for all of them. This paper is the first in a series of three papers devoted to the problem of the right of access to court as the most important issue of dualism and interaction between material and civil procedural rights.
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Cole, Rowland JV. "Validating the Normative Value and Legal Recognition of the Principle of Equality of Arms in Criminal Proceedings in Botswana." Journal of African Law 56, no. 1 (December 21, 2011): 68–86. http://dx.doi.org/10.1017/s0021855311000222.
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AbstractThe principle of equality of arms is firmly entrenched in the jurisprudence of international tribunals, but hardly at all in domestic systems. This article argues for the principle to be applied in Botswana's adversarial system, as a way of ensuring procedural equality and enhancing fair trials. After examining the normative value of the principle, the article refers to a number of domestic jurisdictions that have applied the principle. It also examines the general acceptability of equality and fairness in Botswana case law. This represents a foundation for applying the principle in Botswana. The principle was developed by the European Court of Human Rights, creating its own concept of fairness in trials, irrespective of the position in domestic systems. Since the principle is of international origin, it is necessary to note that “judicial territoriality” and Botswana's dualist system do not pose obstacles to the application of the principle.
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Landry, Pierre F., Xiaobo Lü, and Haiyan Duan. "Does Performance Matter? Evaluating Political Selection Along the Chinese Administrative Ladder." Comparative Political Studies 51, no. 8 (September 17, 2017): 1074–105. http://dx.doi.org/10.1177/0010414017730078.
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Political selection is central to the survival of all regimes. This article evaluates the relative importance of performance and political connection for the advancement of local politicians under authoritarianism. We hypothesize that in a large-scale multilevel polity, economic performance plays a greater role in promotion at lower administrative levels of government than at higher ones, even after controlling for political connections. This dualist strategy allows the ruling elites to achieve economic performance while minimizing the advancement of potentially disloyal challengers. Thus, balancing between loyalty and competence among subordinates enhances regime survival. Our empirical evidence draws on a comprehensive panel dataset of provincial, prefectural, and county-level Communist party secretaries and government executives appointed between 1999 and 2007. We find consistent evidence for our argument under various model specifications. We also explore the heterogeneous effects of performance on promotion given the Chinese Communist Party’s (CCP) age ineligibility rule for cadre promotion and jurisdiction characteristics.
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Sieńczyło-Chlabicz, Joanna. "The Jurisdiction of Administrative Courts and Common Courts in the Industrial Property Cases from a Historical Perspective." Miscellanea Historico-Iuridica 22, no. 2 (2023): 103–23. http://dx.doi.org/10.15290/mhi.2023.22.02.05.
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The origins of the administrative court system go back to the period of building of the system of government in the Second Republic after Poland’s partitions and are associated with the establishment of the Supreme Administrative Tribunal (SAT) in 1922. Significant changes were made to the administrative court system by the Polish Constitution of April 2, 1997, which, in Article 175(1), stipulates that administrative courts – in addition to common courts and military courts – administer justice. Administrative courts are therefore a separate part of the judiciary based on a two-instance adjudication system. In this paper, the author presents the origins of the administrative court system, including the Supreme Administrative Tribunal, the Supreme Administrative Court (SAC). The author indicates the models of the administrative court system, its essence, and the role it plays in the justice system. Then she analyzes the jurisdiction of administrative courts in industrial property cases from a historical perspective An interesting issue in this context is the existing dualism of the consideration of industrial property cases by administrative courts and by common courts. An important change that came into effect on July 1, 2020 pursuant to the Act of February 13, 2020 on amendments to the Code of Civil Procedure (CCP) was the introduction of separate proceedings in the intellectual property cases and the establishment of the so-called IP courts (intellectual property courts), and the impact of these changes on the development of relations in terms of the jurisdiction of administrative courts and common courts.
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Nurhadi, Nurhadi. "THE DUALISM OF THE SUPREME COURT’S DECISIONS ON THE POSITION OF NON-MARITAL CHILD." Jurnal Hukum dan Peradilan 8, no. 2 (July 31, 2019): 228. http://dx.doi.org/10.25216/jhp.8.2.2019.228-254.
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Since the birth of the Constitutional Court Decision Number 46/PUU-VIII/2010, the legal experts have discussed the positions of marriage children through articles, papers, books and seminars, pros and cons when interpreting the non-marital child, judges also gave birth to many interpretations. The Supreme Court (MA) has two views in adjudicating the marriage case, Supreme Court Decision Number 329 K/AG/2014 states that the ratification of an unmarried child is not a jurisdiction of the Religious Courts, whereas in Decision of Supreme Court Number 597 K/AG/2015 states that the non-marital children are legitimate even though the marriage of their parents only carries out marriage under Islamic law. The formulation of the problem is how the criteria of marital legitimacy in Indonesia? How is the outsider interpretation of the two Supreme Court decisions? The research method used is literature study, with the type of normative legal research, which is descriptive analytical. The conclusion is that in Supreme Court Decision Number 329 K/AG/2014 considered the marriage to be legitimately religious, but because it is not recorded so that the marriage does not get the certainty and protection of the law, consequently the child born from the marriage is not a legal child, whereas in Decision Number 597 K/AG/2015 The Supreme Court considers that although the marriage is not recorded, the child born from the marriage must still have legal certainty and protection so that the child is considered a legal child.
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Sadjijono, Sadjijono, and Bagus Teguh Santoso. "Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption." Asian Social Science 13, no. 9 (August 24, 2017): 51. http://dx.doi.org/10.5539/ass.v13n9p51.
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Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power’ is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.
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Samovich, Yuliya Vladimirovna, and Ekaterina Yur'evna Marukhno. "Formation and development of doctrines on the correlation of international and national law." Международное право и международные организации / International Law and International Organizations, no. 3 (March 2022): 25–34. http://dx.doi.org/10.7256/2454-0633.2022.3.28070.
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The authors of the article present a comprehensive study of doctrinal approaches concerning the problem of the correlation of international and domestic law, based on multilevel, non-linearity of legal norms. The object of the article is the traditional doctrines of dualism (pluralism) and monism, an assessment of the circumstances of their emergence, the essence of approaches and subsequent transformation under the influence of globalization and integration processes. The authors analyze the theoretical foundations of the methods and conditions for integrating the norms of international law into the national legal system and the role of international law for the modern legal order. The authors were based on the methods of theoretical synthesis, induction and generalization, the principle of historicism. Among the special-legal - method of comparative jurisprudence, the main conclusions of the study are the assessment of traditional doctrines from the modern perspective of globalization and the integration existing in the modern international community. The practical situation continues to provide the ground not so much for the "improvement" of the doctrine, but for its revision and modern assessment, which makes it possible to designate the role of the international legal order for national jurisdictions.
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Hudiata, Edi. "ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)." Jurnal Hukum dan Peradilan 3, no. 1 (April 23, 2018): 69. http://dx.doi.org/10.25216/jhp.3.1.2014.69-84.
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Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract
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Harahap, Herman. "The Formation of Special Electoral Court Institution: Between Democratization of Regional Head Elections and Institutional Issues." International Journal of Economic, Technology and Social Sciences (Injects) 3, no. 2 (May 29, 2023): 399–407. http://dx.doi.org/10.53695/injects.v3i2.868.
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The separation between the patterns of resolving election disputes and the separation of institutions for resolving election disputes will ultimately lead to potential legal uncertainty, prolonged settlement, and even dualism of election dispute resolution institutions. Therefore, a more integrative approach is needed in resolving election disputes which includes the idea of forming a special electoral court institution. However, the discourse on the formation of a special electoral court institution requires further discussion regarding the position of the intended special judicial institution, whether it falls within the jurisdiction of the Constitutional Court or the Supreme Court. The research method used in this study is normative legal research with a legislative approach and a case approach. Given the complexity of the law in resolving local election disputes which are separated into process disputes and results disputes, an integrative special judicial body is indeed needed to examine and decide on election disputes, not only limited to election results, but also covering all aspects of the election. Essentially, democratization of regional head elections as previously described also includes reforming local election regulations, including legal means for resolving election disputes that provide legal certainty. In this regard, one option is to establish a special local election court or a special electoral court in general.
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Phooko, Tshidi. "The Direct Applicability of SADC Community Law in South Africa and Zimbabwe: A Call for Supranationality and the Uniform Application of SADC Community Law." Potchefstroom Electronic Law Journal 21 (March 27, 2018): 1–34. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a1758.
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The Southern African Development Community Tribunal (SADC Tribunal) became operational in 1992 and delivered several judgments against Zimbabwe. Some of those decisions are yet to be enforced. The attempt to enforce them contributed to the demise of the SADC Tribunal. The tension between community law and domestic law, international law and national law, and community law and international law is as old as the hills. The monist and dualist theories of international law assist in attempting to clarify the nature of the relationship between international law and municipal law. However, there is no guidance when it comes to community law and national law. This paper will explore on how SADC Community law can be applied uniformly by South Africa and Zimbabwe including all other SADC member states. This will be done through decided cases with specific reference to South Africa and Zimbabwe. In order to learn best practices from other jurisdictions, the paper will to the extent relevant, make reference to the East African Court of Justice, the European Union (EU) and the European Court of Justice (ECJ). The discourse will conclude by making a proposal for the adoption of a revised Protocol on the SADC Tribunal that will assist in clarifying the nature of the relationship between SADC Community law and national laws of SADC member states.
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Enabulele, Amos Osaigbovo, and Faith Osama Osadolor. "The Status in Nigeria of Treaties Predating the 1979 Constitution: Reflections on JFS v. Brawal Line Ltd." African Journal of Legal Studies 12, no. 3-4 (May 14, 2020): 335–59. http://dx.doi.org/10.1163/17087384-12340055.
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Abstract It is an essential ingredient of sovereignty that every State has an absolute jurisdiction to determine the laws that apply within its territory and to determine, by its laws, the organ of the State that has the competence to make laws and the procedures to be followed. The competent organ that makes municipal law (the legislature) is usually different from the organ that makes international law (the executive). As a result, and following the dictates of separation of powers, while the executive is competent to enter into treaties, its competence is eroded by the competence of the legislature when a treaty is intended to be applied to municipal subjects; such a treaty intrudes into the competence of the legislature. When this occurs, the municipal applicability of the treaty would turn on the requirements specified by municipal law. This is the function of section 12(1) of the 1999 Constitution (as amended). This section bars the executive from transforming its treaty-making power into legislative powers by requiring legislative approval for the application of a treaty in Nigeria. Expectedly, the section has been variously interpreted and applied by Nigerian courts. This paper examines the views expressed by the Supreme Court in JFS v. Brawal Line Ltd and argues that the Supreme Court failed to give proper expression to the dualist nature of that section.
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Filonova, Olina I. "Legal and Doctrinal Justification of the Request of the Soviet Society for Creation of a Unified Judicial Center, the Supreme Court of RSFSR." Court administrator 2 (June 8, 2023): 39–42. http://dx.doi.org/10.18572/2072-3636-2023-2-39-42.
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The article is devoted to the analysis of the relations connected with the establishment of the Supreme Court of the RSFSR in 1923. The approaches to the legislative consolidation and solution of practical issues of the organization of the Supreme Court of the RSFSR are being investigated, when with the end of the Civil war there was a request for a judicial system that would eliminate dualism associated with the existence of a system of revolutionary tribunals, ensure the rule of law and contribute to the protection of new social relations. It is concluded that the creation of the Supreme Court as the highest centralized judicial body with cassation, supervisory, control, and leadership functions, with activities for instructing courts and interpreting law, allowed the implementation of the principle of a single court, understood as the unity of the judicial system. The study shows that the highest party and Soviet authorities took part in solving organizational and personnel issues at the establishment of the Supreme Court of the RSFSR. The article analyzes issues related to determining the limits of independence of the Supreme Court of the RSFSR and its relations with other bodies. The Supreme Court of the RSFSR was the highest judicial link for courts of general jurisdiction and for special courts, creating conditions for ensuring the unity of judicial practice in the RSFSR.
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MEDVEDEV, V. G., and D. A. LIPINSKY. "ON THE FORMATION AND DEVELOPMENT OF CIVIL PROCEDURE IN RUSSIAN LAW IN THE 9TH–15TH CENTURIES." Herald of Civil Procedure 12, no. 1 (April 15, 2022): 158–88. http://dx.doi.org/10.24031/2226-0781-2022-12-1-158-188.
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The article reveals the issues of the formation and development of civil procedure law in medieval Russia on the basis of various historical and legal sources and the works of Russian, Soviet and modern scientists. The relevance of the work lies in the fact that this problem remains insufficiently investigated to date due to the small number of works devoted directly to the civil process in the Old Russian state and Northwestern Russia during the period of feudal fragmentation. The novelty of the study is associated with the identification of some new features of civil proceedings and a new interpretation of existing provisions. The methodology used in the course of the study includes dialectical, comparative-historical, formal, logical and hermeneutic methods that allowed us to consider the formation of civil procedure law in its development and its relationship with the phenomena of socioeconomic life, compare historical and legal sources of various periods of medieval statehood, analyze these sources and interpret them. In the course of the study, it was revealed that the formation of civil proceedings was closely connected with the judicial system of Ancient Russia, Novgorod and Pskov. It is determined that, despite the unity of the criminal and civil proceedings in the Kievan state, some differences have already been observed in them. The procedural legal capacity of participants in civil proceedings in Kiev and North-Western Russia has been established. The duality of the judicial system and the separate jurisdiction of the princely and republican judicial bodies in Novgorod and Pskov were revealed and new stages of civil proceedings were established. Conclusions: in Ancient Russia, due to the underdevelopment of commodity-money relations, only the beginnings of the formation of judicial power and civil proceedings were observed. During the period of feudal fragmentation in economically developed Novgorod and Pskov, the judicial system and civil procedure law received significant development. Along with the immutability of the principle of the adversarial process, many new provisions have appeared in it. Women, elderly people and children were given the right to present their representatives at the trial, there were rules on the public summoning of the defendant to court, the process became closed, oral clerical work was replaced by written, the evidence base expanded due to a judicial duel and written evidence.
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Amarina habibi. "Dualisme Penerapan Hukum Bagi Pelaku Kekerasan Seksual Terhadap Anak di Provinsi Aceh." Al-Daulah: Jurnal Hukum dan Perundangan Islam 9, no. 1 (April 12, 2019): 142–67. http://dx.doi.org/10.15642/ad.2019.9.1.142-167.
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Act Number 35, 2014 on Child Protection (UUPA) and Qanun (provincial law) Aceh Number 6, 2014 regarding Qanun Jinayat has given rise to legal dualism. Both laws and regulations govern the same case in the jurisdiction of Aceh, so that it can cause problems in its enforcement. This research applies primary, secondary and tertiary legal sources. This research uses the statue approach. Library research data are then analyzed from secondary and tertiary legal sourcesby using deductive method.The research shows that the enforcement of absolute power at the judicial institutions relating the trial of the sexual offence towards children cases in Aceh, the Public Court, which is granted its power under the UUPA,is privilege compared to Syar’iyah Court, which is having its power from Qanun Jinayat. The reasons for this are as following: a) the punisment in the UUPA is more serious and cumulative, while in Qanun Jinayat is more lenient and alternative; b) UUPA regulates specific things regarding child cases, while Qanun Jinayat is general; c) the enforcement of UUPA together with its changes is still facing hurdles, and there is also the enactment of Qanun Jinayat; d) there are problems in regards with lack of facilities of the detentions and budget during the process of the cases and there is an absent of the cooperation between correctional center for the convicted under the Qanun Jinayat; e) judges in the Public Court mostly already have certificates in dealing with child case compared to Syar’iyah Court. This research found that the later court judges have not had any certificate yet. The enforcement of punishment towards the perpetrators in Aceh mostly tried under the UUPA compared to using Qanun Jinayat as it provides more justice for victims.
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Sinurat, Aksi. "The Existence of Criminal Fine and Payment of Replacement Money in Enforcing Corruption Criminal Laws in the Corruption Court in Kupang, Indonesia." Journal of Law and Sustainable Development 12, no. 1 (January 31, 2024): e3148. http://dx.doi.org/10.55908/sdgs.v12i1.3149.
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Objectives: The primary objectives of this research are to identify and address the factors hindering the effective implementation of criminal fines and compensation payments in the context of combating corruption. Specifically, the research aims to identify obstacles to the enforcement of criminal fines and compensation payments in combating corruption, optimize criminal sanctions related to fines and compensation payments to contribute to the restitution of state finances, and propose a more balanced approach to punishment, particularly concerning fines with subsidiary imprisonment and compensation payments in the fight against corruption.
Methods: The research employs both normative legal research methods and empirical legal research. The data sources and legal materials form the basis for descriptive juridical analysis within the jurisdiction of the NTT High Prosecutor's Office.
Results: The research findings reveal several significant issues hindering the effective enforcement of criminal fines and compensation payments in corruption cases. Key results include defendants/convicts of corruption often opt for alternative penalties rather than paying fines or compensation, leading to related problems. Challenges surrounding the payment of compensation include unclear purposes, complexity in calculation, dualism in imposing the crime, misinterpretation of substitute prison sentences, disparities in sentence lengths, and suboptimal confiscation policies. Despite facultative punishment patterns, there are persistent arrears in criminal fines and compensation payments, amounting to significant sums, indicating ineffective implementation.
Conclusion: The system of criminal penalties for fines and compensation payments outlined in corruption laws has not been effectively implemented. To address this, it is imperative for convicts to actively engage in repayment efforts throughout the law enforcement process. Additionally, reforms are needed to streamline procedures, clarify purposes, and ensure consistency in the imposition and execution of penalties, ultimately enhancing the efficacy of anti-corruption measures.
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Syromiatnykov, E. O. "Historical and legal overview of Public Interest Litigation as an institute of Administrative Justice." Uzhhorod National University Herald. Series: Law 1, no. 80 (January 22, 2024): 568–75. http://dx.doi.org/10.24144/2307-3322.2023.80.1.87.
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The article provides a historical and legal characterization of the institution of a Public Interest Litigation in general and in the context of administrative proceedings. The author reveals the historical origins of this institute from the time of Roman law, where it was called “actio popularis”. Some of the most common constructions of such claims in Roman law are highlighted. The author emphasizes the public benefit of filing such claims despite their private law nature. The author emphasizes the dualism between private and public interests in law, which is particularly evident in the institution of a Public Interest Litigation. The terminology used in different legal systems to describe the institution of a public interest action or its individual varieties is revealed: “actio popularis”, “Public Interest Litigation”, “Public Interest Law”, “Social Interest Litigation”. The author outlines the main areas in which Public Interest Litigation is most often applied: environmental protection, anti-discrimination, etc. The author analyzes the reasons for the low interest in the institution of public interest litigation in previous historical periods in Ukraine. On the other hand, it is suggested that there has been a significant increase in interest in such lawsuits in recent years, which is due to certain factors. These include: the development of civil society and the increased interest of legislators in this institution, as well as the ratification by Ukraine of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). The last point was important in the context of the further adoption by the Grand Chamber of the Supreme Court of the decision of 11.12.2018 in case No. 910/8122/17, which stated the right of environmental associations to file lawsuits in the public interest on these matters. The article concludes with the emphasis on the prospects for further research into the application of actio popularis in foreign jurisdictions with a view to exploring the possibilities for expanding the number of legal relations in which such claims may be filed in Ukraine.
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Chung, Young-Hwan, Seungjin Lee, and Hwijin Jang. "A Study on Preservative Measures and Enforcement in Civil Proceedings of the Russian Federation." Legal Studies Institute of Chosun University 30, no. 2 (August 31, 2023): 247–95. http://dx.doi.org/10.18189/isicu.2023.30.2.247.
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The Russian Federation is a geographically neighbor country of the Republic of Korea, but it is a country with little sense of distance due to its history, culture and national system. After the collapse of the Soviet Union, Korea established diplomatic relations with the Soviet Union on September 30, 1990 due to Korea's northern policy and given that the volume of trade between Korea and Russia has been steadily increasing over the past 33 years, the volume of trade in human and material between Korea and Russia will continue to increase in the future.
Until now, comparative legal exchanges in the legal aspect of Russia in Korea have been insignificant, so Russian law in Korea is a very unfamiliar area in comparative law studies. This paper will explain how the Russian Federation has reorganized legal system for civil litigation through system transition after the collapse of the Soviet Union.
Today, in the Russian Federation, civil and commercial litigation are concepts of distinction rather than subsidiarity, and both have different applicable laws and exclusive jurisdiction of the courts regarding the litigation procedure. Therefore, the current litigation system for judicial disputes in the Russian Federation is divided into a civil litigation system and a commercial litigation system under a dual system (dualism), and in each area, civil litigation legal relations and commercial litigation legal relations arise according to the relevant laws governing the matters concerning the procedures for disputes to be resolved through courts. The system of provisional disposition and enforcement in civil and commercial proceedings in the Russian Federation is based on the judicial acts of the courts, and there are court decisions (Определе ние суда) and court judgments (Судебный вердикт) as types of judicial acts of the courts regarding the provisional dispositions and enforcement systems. In the case of the preservative disposition system, it is based on a court decision, and the enforcement system is based on a court order or execution judgment of the court.
Execution in civil and commercial proceedings in the Russian Federation is classified into immediate execution (Немедленное исп олнение) and compulsory execution. In the system of compulsory execution, the institution that actually implements compulsory execution is the Judicial Execution Service, which is an administrative body separate from the courts, under the Ministry of Justice of the Russian Federation. In case of immediate execution in civil and commercial cases, it can be executed by the judicial act of the court according to the related litigation law, whereas compulsory execution is a system that is operated completely separate from the jurisdiction of the court and the litigation law. Therefore, in the remedy of rights related to compulsory execution, the judicial enforcement agency is the actual party as the collector, the person to be collected, and the implementer of the actual compulsory execution. The object of execution and all acts related to compulsory execution by the judicial enforcement agency are separated, and the former must proceed with a lawsuit for the return of unjust enrichment against the object of excessive execution through a civil or commercial lawsuit. In the case of infringement of rights infringed by the illegal compulsory execution of the judicial enforcement agency, a lawsuit for compensation for damages (state compensation) for the illegal acts of the judicial enforcement agency must be carried out through administrative litigation.
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Ford, Douglas William, Scott Patrick Tisoskey, and Patricia A. Locantore-Ford. "Blood's Hidden Price Tag: A Comprehensive Analysis of Transfusion Economics and the Inherent Valuation Challenges with Blood." Blood 142, Supplement 1 (November 28, 2023): 7230. http://dx.doi.org/10.1182/blood-2023-191071.
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Introduction: In the juxtaposition of a bustling hospital and a serene blood donation center, the duality of blood is unveiled. For the donor, it may symbolize an act of selfless giving, a priceless offering freely bestowed. For the patient in dire need, it assumes the status of a vital life force, with a value transcending conventional calculation akin to the rarest of treasures. This dichotomy, where blood stands at the crossroads of human generosity and life's essential currency, opens a pathway for an intricate and profound investigation into both the economic and philosophical appraisals of this indispensable resource. Blood is an essential life-sustaining resource transcending conventional commodity status. Donated voluntarily, its valuation cannot merely adhere to supply and demand principles but must align with ethical and social considerations. The notion of compensation for blood donation harbors inherent contradictions and forms an ongoing international debate. In some jurisdictions, monetary incentives for blood donations are strictly prohibited and illegal, such as Brazil and Australia. In others, like the United States (with the exception of California) payment for blood is not illegal, however many hospitals chose not to use paid donor's blood due to safety concerns. Major regulatory bodies like The World Health Organization (WHO) and the Food and Drug Administration (FDA) firmly discourage payment for blood donations. This study dissects the multifaceted financial dimensions of blood transfusions, establishing the groundwork for assessing a potential compensation program for blood donors and delineating the numerous stakeholders whose interests intertwine with the precise monetary valuation of blood. Methods: We undertook a meticulous analysis of publicly available financial expenditures associated with blood transfusion, drawing from data provided by insurance entities, hospitals, blood banks, and donation programs. Through a visually illustrative chart and graph, we mapped out the complexities inherent in the financial breakdown. We delineated the many variables, and further researched into current compensation or incentives provided by blood drives, investigating how these align with our complex financial findings. Results: Our granular financial analysis revealed that costs were allocated across collection fees (7.1%), processing (14.3%), testing (21.4%), storage (10.7%), distribution (14.3%), and transfusion (32.2%). A notable disparity emerged between urban and rural costs, with the latter displaying up to 20% lower expenses. Insurance claim markups ranged from 25% to 50%. On a philosophical level, tensions between blood commodification and social good perspectives surfaced. We found that most U.S. blood drives abstained from financial incentives, instead offering non-monetary rewards. The variability in cost and ethical considerations were surmised to contribute to this trend. Conclusions: Our research underscores the rationale behind WHO and FDA advisements against compensation for blood donation, citing safety, ethics, and complexity. As our visual tools exhibit, blood transfusions are financially multifaceted, interweaving variables like market demands, transportation, storage, and hospital fees. The entanglement of financial complexity with profound ethical and social dilemmas creates an unparalleled challenge in attributing a precise monetary value to blood. Such an endeavor would necessitate an unprecedented level of accuracy to preclude potential exploitation by stakeholders. The observed variability in transfusion costs alone substantiates the near-impossibility of monetizing blood, reaffirming the necessity for ongoing dialogue and exploration if we are to ever truly reveal blood's hidden price tag.
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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 4 (April 24, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2014/v17i4a2298.
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This edition consists of 15 contributions – 12 articles and three case notes. In the first article, Janke Strydom and Sue-Mari Viljoen discuss the phenomenon where inner-city buildings in South Africa are unlawfully occupied, which has led to a number of legal disputes between occupiers and individual landowners. They propose measures analogous to those in England and the Netherlands to be added to the existing statutory powers of the local authorities to assist in resolving the disputes. Second, Tapiwa Warikandwa and Patrick Osode deal with the challenges the WTOs is faced with in balancing the rights of a sovereign power to freely regulate matters pertaining to health or the environment within its domestic domain with the need to maintain the sanctity of the multilateral trade order. Third, Andra le Roux-Kemp and Elsie Burger give a comparative perspective on some of the issues associated with litigating cases where the Shaken Baby Syndrome is the subject matter. Their focus is on the case law in the United States and United Kingdom. Fourth, Fatima Osman deals with the thorny issue of headscarves in South Africa, France, Turkey and Switzerland. She focuses on the reasons for the ban against their wearing and asks if the ban can be justified in the light of the human rights guaranteed to those individuals wanting to wear them. Fifth, Geo Quinot and SP (Fanus) van Tonder argue in favour of capstone courses to address some of the challenges facing legal education in general and the inadequacies of the LLB curriculum. Rolien Roos, in the sixth article, sets out to determine whether law can be regarded as a science which could be studied. She refers to the scholarly works of philosophers such as Dooyeweerd, Stafleu and Strauss and comes to the conclusion that the answer is all but straight forward. In the seventh article, Caiphas Soyapi considers the highly controversial provisions of the Traditional Courts Bill in a comparative context and recommends that the framers of the Bill should consider the situation in other jurisdictions in order to deal with some of the issues with the Bill. In the eight spot, Gerrit Ferreira and Anél Ferreira-Snyman examine the dichotomy that is created between the monist and dualist approach followed by the incorporation of international law into municipal law in the light of decisions of the South African Constitutional Court and the European Court of Justice. In the ninth article, Magda Slabbert and Darren Boome investigate the prospects of a convicted criminal who wants to become a lawyer, and in the tenth article Raheel Ahmed considers the role of “contributory intent” as a defence limiting delictual liability. In the second-last article Kananelo Mosito sets out to provide the reader with an understanding of the legal situation in Lesotho pertaining to social security and protection. Last but not least, Tamara Cohen and Lehlohonolo Matee give a comparative overview of the public servants’ right to strike in Lesotho, Botswana and South Africa.The first case note is by Tracy-Lynn Humby, who deals with the question of whether or not municipalities have the power to legislate on environmental issues such as biodiversity and conservation, as examined in the case of Le Sueur v Ethekwini Municipality in the KwaZulu-Natal High Court. The second note, by Johan Beukes and Christiaan Swart, discusses the case of Peel v Hamon J&C Engineering (Pty) Ltd, which deals with the remedy provided for in section 163 of the Companies Act (the oppression remedy). The last note is by Helen Kruuse and Julia Sloth-Nielsen, and debates the implications of Mayelane v Ngwenyama
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Hofmann, Mahulena, and Martin Faix. "Der Einfluss und die Stellung des Völkerrechts in den Verfassungssystemen einiger ost- und Mitteleuropäerfassungssystemen Einiger Ost- und Mitteleuropäischer Transformationsstaaten." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 3 (June 26, 2017): 40. http://dx.doi.org/10.17159/1727-3781/2008/v11i3a2767.
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Some twenty years ago, the importance of international law, particularly for practical purposes, could be described as marginal in national legal orders in the socialist Central and Eastern European (CEE) Countries. The main reason for this was the dualist approach in regard to international law. Fundamental political and economic changes, such as the Velvet Revolution in Czechoslovakia, marked the end of the cold war and the beginning of a transition process. The changes in national legal orders have been accompanied by substantial modifications in the area of constitutional law, mostly resulting in the adoption of entirely new or radically modified constitutions. This is true also for the Czech Republic, Slovakia, Poland and the Russian Federation. One of the most remarkable common characteristics of the new constitutions of the CEE countries is the shift from a dualistic approach to a broad openness to international law. Despite this common feature the manifestation of this openness cannot be regarded as uniform – the methods used by states to deal with international law and to ensure the conformity of the domestic legal order with their international obligations vary. The common denominator of the constitutional orders under review is the fact that the rules of international law are considered to be a part of their national legal orders. General provisions concerning the relationship between national law and international law can be found in the Czech, Russian and Polish constitutions, but not in the Slovak constitution. The common feature of all four constitutional texts is that they take a clear position on the status of treaties, stipulating conditions (approval by parliament, promulgation, etc) under which a treaty or certain categories of treaties (eg as listed by Article 49 of the Czech Constitution) will be considered to be part of the national legal order, as well as the hierarchical status of treaties in the case of a conflict with national law. In all four countries under consideration, the rank of treaties lies between the level of the Constitution and that of ordinary parliamentary statutes. The situation is considerably different in regard to the role of customary international law: only the Russian Constitution includes not only treaties but also customary international law in the legal order. Nevertheless, Slovak, Czech and Polish constitutional provisions stipulate the commitment of the states to fulfil their obligations under international law, including customary international law. Even though legally binding, these provisions are not identical with general provisions incorporating certain categories of international law as stated above. The openness to international law is demonstrated also by the inclusion of provisions pursuant to which states can transfer certain powers to international organizations. (Such provisions were included in the constitutions of e.g. Slovakia, Poland and the Czech Republic in the context of their integration into the EU for the purpose of ensuring the direct application of Community law.) Thus, if considering the formal openness to international law, a high degree of willingness to open the domestic legal orders to international law can be discerned in the constitutional systems of the states under review. However, the extent of constitutional provisions on the relation of a particular state to international law does not necessarily strengthen its application in practice, as can be observed in the legal order of the Russian Federation. When determining the factual status of international law and its incorporation in the domestic legal orders of the CEE countries, the judicial practice of national courts is of great importance, in particular the judicial practice of constitutional courts. The question of the role of international law in the decisions of constitutional courts appears to be even more interesting because of the fact that implementation of constitutional jurisdiction belongs to one of the most important innovations of CEE transition countries after the end of the cold war. Their broad competencies in respect to international law can be seen as an additional indicator of the openness of their legal orders towards supranational legal rules. International law plays an important role not only as a subject of judicial review but also as a criterion of constitutionality applied in national procedures before the constitutional courts. The extensive jurisprudence of national constitutional courts based on international law is to a large extent characteristic of the CEE Countries. Their constitutional courts often rely on international law, especially human rights, when reviewing the constitutionality of domestic acts. This underlines the fact that general constitutional provisions on international law do not remain only a ‘dead letter.’ However, when demonstrating their openness towards international law, constitutional courts sometimes exceed the limits of their competences, as can be observed e.g. in the case of the Czech Constitutional Court. (Despite the fact that the changes introduced by the Constitution in 2001 caused it to lose the competence to use international law as a criterion for its decisions, the Court continued to base its decisions partly on international law.) Generally it can be argued that the acceptance of international law is remarkably high in the legal orders of the countries under review – in particular when taking into consideration the relatively short time which was needed not only to formally ensure the role of international law, but also to ensure its implementation in practice, most notably in the judicial practice of constitutional courts. This does not mean, however, that there are no difficulties which have to be solved in the future. The application of customary international law by national courts is an example of this. However, the opening of national legal systems of the formerly totalitarian states towards international law has undoubtedly had a positive influence on the process of their transformation towards the rule of law.
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Hammond, Emily. "The Duality of Jurisdictional Error." SSRN Electronic Journal, 2021. http://dx.doi.org/10.2139/ssrn.3847569.
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Sempere Navarro, Antonio V. "Sobre el modo de impugnar los servicios mínimos y sus lesivas consecuencias." Revista de Jurisprudencia Laboral, April 16, 2023. http://dx.doi.org/10.55104/rjl_00423.
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Se discute sobre la jurisdicción competente (social o contenciosa) para impugnar los servicios mínimos fijados por la Autoridad Gubernativa. La sentencia comentada sienta dos grandes principios: 1º) Cuando se impugnen los servicios mínimos, impuestos por la autoridad gubernativa, la competencia para conocer el litigio corresponde al orden jurisdiccional contencioso-administrativo. 2º) Cuando se cuestiona un comportamiento empresarial, relacionado con la ejecución de los servicios mínimos, el conocimiento del litigio corresponde a la jurisdicción social. A su vez, esa dualidad jurisdiccional conduce a que el plazo de prescripción para reclamar en el orden social no puede activarse hasta la firmeza de la sentencia contenciosa. The competent jurisdiction (social or contentious) to challenge the minimum services set by the Government Authority is discussed. The commented sentence establishes two main principles: 1º) When the minimum services imposed by the governmental authority are challenged, the competence to hear the dispute corresponds to the contentious-administrative jurisdictional order. 2º) When a business behavior is questioned, related to the execution of the minimum services, the knowledge of the litigation corresponds to the social jurisdiction. At the same time, this jurisdictional duality leads to the fact that the statute of limitations to claim in the social order cannot be activated until the finality of the contentious sentence.
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Putri, Citraresmi Widoretno. "A Review on Administrative Justice Competencies in France." Rechtsidee 6, no. 1 (January 10, 2020). http://dx.doi.org/10.21070/jihr.v6i1.90.
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The Indonesian justice system is closer to the French justice system, both general and administrative justice, with its "droits administrative regime". In addition, it is recognized that administrative justice in France is already well-established, so it has become a model for other countries. Therefore, the author tries to conduct normative legal research related to the Absolute Competence of Administrative Justice in France. This is certainly very different from the results of previous research and writings that examine the Study of State Administrative Courts based on the paradigm of Law Number 30 Year 2014 on Government Administration then research on the Absolute Study of State Administrative Courts in the Assessment of the Abuse of Authority, there is also research on Implications of Limiting the Absolute Competence of State Administrative Court, Reformulation of Unlawful Acts by Government Agencies or Officials in the Context of Absolute Competence in State Administrative Court and the Element of Abusing Authority in Corruption Crimes as Absolute Competence of Administrative Justice. The entire previous article is examining the Absolute Competence of Administrative Justice in Indonesia alone and its development while this paper contains the novelty of the elements that examine the history of law relating to the Absolute Competence of Administrative Justice in France. The conclusion is that France adheres to the dualite de la jurisdiction or duality of jurisdiction system. Administrative justice aims and ends at Conseil d'Etat besides general court comes from and aims at the Cour de Cassation (Supreme Court).
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Ren, Raphael. "THE DICHOTOMY BETWEEN JURISDICTION AND ADMISSIBILITY IN INTERNATIONAL ARBITRATION." International and Comparative Law Quarterly, April 12, 2024, 1–30. http://dx.doi.org/10.1017/s0020589324000022.
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Abstract The dichotomy between jurisdiction and admissibility developed in public international law has drawn much attention from arbitrators and judges in recent years. Inspired by Paulsson's ‘tribunal versus claim’ lodestar, attempts have been made to transpose the distinction from public international law to investment treaty arbitration, yielding a mixed reception from tribunals. Remarkably, a second leap of transposition has found firmer footing in commercial arbitration, culminating in the prevailing view of the common law courts in England, Singapore and Hong Kong that arbitral decisions on admissibility are non-reviewable. However, this double transposition from international law to commercial arbitration is misguided. First, admissibility is a concept peculiar to international law and not embodied in domestic arbitral statutes. Second, its importation into commercial arbitration risks undermining the fundamental notion of jurisdiction grounded upon the consent of parties. Third, the duality of ‘night and day’ postulated by Paulsson to distinguish between reviewable and non-reviewable arbitral rulings is best reserved to represent the basic dichotomy between jurisdiction and merits.
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Faiz, Pan Mohamad. "LEGAL PROBLEMS OF DUALISM OF JUDICIAL REVIEW SYSTEM IN INDONESIA." Jurnal Dinamika Hukum 16, no. 2 (May 10, 2016). http://dx.doi.org/10.20884/1.jdh.2016.16.2.535.
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Indonesia implements dualism of judicial review system because there are two different judicial institutions that are granted the authority to review laws and regulations, namely the Constitutional Court and the Supreme Court. This research aims to analyse the problems caused by the dualism of judicial review system. It found two main legal problems of the current system. First, there is an inconsistency of decisions concerning judicial review cases for the same legal issues decided by the Constitutional Court and the Supreme Court. Second, there is no mechanism to review the constitutionality of People’s Consultative Assembly (MPR) decisions and regulations under the level of law. Based on these findings, this research suggests that the authority to review all laws and regulations should be integrated under the jurisdiction of the Constitutional Court.Keywords: Constitutional Court, Constitutional Review, Judicial Review
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Ridwan, Murtadho. "PENYELESAIAN SENGKETA PERBANKAN SYARIAH DI INDONESIA." MALIA: Journal of Islamic Banking and Finance 1, no. 1 (November 6, 2018). http://dx.doi.org/10.21043/malia.v1i1.3983.
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The development of sharia banking and finance institutions is so fast,but in terms of laws and regulatory regulations are still left behind. Among the regulations that still need to be addressed is the regulation related to the settlement of dispute sharia banking business. Where in this case there are still juridical problems, namely the dualism of judicial authority in the settlement of Islamic banking disputes. The result of the study shows that the settlement of Islamic banking dispute in Indonesia can be done through two lines, both litigation and nonlitigation channels. Religious Courts are the competent jurisdiction to resolve Islamic banking disputes on litigation channels, while through non-litigation channels can be done through deliberation, banking mediation, shariah arbitration and judiciary within the General Courts. The National Shariah Arbitration Board (BASYARNAS) is the most strategic forum for resolving the dispute over sharia banking because BASYARNAS can resolve disputes quickly, simply, and at a low cost. Keywords:sharia,dispute,jurisdiction,litigation<br /><br />
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Abou Ramadan, Moussa. "Child Support for Muslim Children in Family Courts in Today’s Israel." Hawwa, January 6, 2020, 1–27. http://dx.doi.org/10.1163/15692086-12341364.
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AbstractThe dual legal system of religious and civil law in Israel and the existence of a religious court system alongside a civil one causes distortions in the implementation of the rights and duties of husbands and wives. Due to this duality, in practice, in Israel, there is neither religious law nor law based on equality. This hybrid legal system leads to the reinforcement of what I will call here “patriarchal liberalism,” which means that there is a development in a liberal direction alongside obstacles and barriers that prevent advancement to full equality between men and women. Although this legal hybridity leads to the introduction of liberal norms into the legal relations between men and women, it also preserves patriarchal features. This article focuses on child support allotted to Muslim children in family courts in Israel. Since 2001, both shariʿa courts and family courts may rule in matters of child support for Muslim children, which means that there is parallel jurisdiction between the Muslim religious law according to religious belonging of the parties involved in cases.
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Muhammad, Rosmawardani. "ANALYSIS OF ABSOLUTE COMPETENCE OF DISTRICT COURTS AND SYARI’AH COURTS IN ADJUDICATING JARIMAH OF CHILD SEXUAL ABUSE IN ACEH." PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH 5, no. 2 (November 1, 2020). http://dx.doi.org/10.22373/petita.v5i2.103.
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The District Court and Syari’ah Court (Mahkamah Syar’iyah) jurisdictions to deal with child sexual abuse cases have still overlapped. This issue generates legal uncertainty in the enforcement of Jinayat Law in Aceh. This study aims to analyze the resolution patterns over child sexual abuse cases in Aceh, the resolution patterns over child sexual abuse cases at District Courts, and the efforts to solve dualism issues of the courts in trying child sexual abuse cases in Aceh. This study employed a juridical-empirical method that attempts to analyze behaviors of law enforcement officials in handling sexual abuse cases in Aceh using case and statute approaches based on the rules and principles of law studies. The legal materials utilized in this study were Law, Qanun, Government Regulation, and Syari’ah Court and District Court Decisions. Data were analyzed qualitatively. The findings reveal that both District Courts and Syari’ah Courts still settle sexual abuse cases. The results also point out that the resolution patterns in adjudicating sexual abuse cases at District Courts are categorized into adult offenders and young offenders. The provisions stipulated in the Criminal Procedure Code (KUHAP) are applied for adult offenders, while the Juvenile Criminal Justice System Law is regulated for young offenders. The efforts to overcome dualism are generating new policies by the Supreme Court to delegate the authority to solve sexual abuse cases and other jinayat cases from District Courts to Syari’ah Courts, and the issuance of Memorandum of Understanding (MoU) between Aceh Syari’ah Courts, Aceh Regional Police, Aceh High Prosecutor’s Office, and Aceh High Court governing the authorization limits over the settlement of jinayat cases.
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Sudarto, Eko. "STRUCTURATION IN INTERNATIONAL POLICING AT INTERNATIONAL RELATIONS DIVISION OF THE INDONESIAN NATIONAL POLICE: A CRITICAL STUDY OF AGENCY-STRUCTURE PRACTICES." International Review of Humanities Studies 4, no. 1 (January 30, 2019). http://dx.doi.org/10.7454/irhs.v4i1.106.
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The Indonesian National Police (POLRI) deals with the rapid development of transnational crimes penetrating into legal business and the governmental body of the country. The community of global security works together to address this issue through international policing. International Policing is police practices involving multinational citizens or jurisdictions (Deflem, 2007, pp. 701-705). The dynamics of International Policing in POLRI are implemented through the mechanism of international treaties, international operations, international missions, capacity building, exchange of information and technology and benchmarking. The study of international policing examines various phenomena, understandings, dynamics and policing models in America, Europe, Asia and other parts of the world. This study tries to explain international policing by not merely emphasizing interaction between agencies, but also considering the dynamics of interaction between organizations (structures). Therefore, the contribution of Anthony Giddens in the theory of structuration will be crucial in understanding this phenomenon. The theoretical framework by Giddens certainly contains weaknesses, namely the inability to explain the strategies of power, in terms of strategies in language usage, differentiation and forms of symbolic violence. Thus, it needs to be enhanced by the theory of Genetic Structuralism by Bourdieu to explain the various factors helping in strengthening structures such as political policies (the Presidential Decree and the Regulation of Chief of Police) as well as agencies and structures of police. The study throughout 2014 to 2017 explains system continuity (duality), not a dualistic system change, in which agents keep their distance from structures. The method applied in this study is the paradigm of constructivism-criticism through indepth-interview, document study, and Focus Group Discussion (FGD).
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Ball, Rubini, Susan Baidawi, and Anthony FitzGerald. "Approaches for supporting youth dually involved in child protection and youth justice systems: An international policy analysis." Journal of Criminology, April 23, 2024. http://dx.doi.org/10.1177/26338076241247856.
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The high representation of children involved across both child protection and youth justice systems remains a pressing concern. Contributing factors include unnecessary police intervention for behavioural difficulties in residential care, and deficient systems integration particularly between child protection and youth justice. Policy reforms in the past 15–20 years have aimed to prevent and address this concern across jurisdictions such as Australia, New Zealand, Canada, the United Kingdom, and the United States. The study offers an updated review and analysis of these policies, targeting researchers, policymakers, and practitioners in the field. Examination of selected available policies identified four main strategies utilised: joint practice protocols, policies aimed at reducing the criminalisation of children in out-of-home care, crossover court lists, and specialised practice models like the Crossover Youth Practice Model (CYPM). There is promising evidence for some approaches, notably the CYPM, however, most suffer from a lack of implementation and outcomes evaluation, insufficient diversity considerations, and minimal inclusion of lived experience in design and implementation. Findings suggest future policy reforms should prioritise the development of whole-of-government strategies, involve children's perspectives, emphasise prevention, restorative and diversionary responses, multi-agency collaboration, ongoing support for implementation, and rigorous evaluation.