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Journal articles on the topic 'Legislative provisions'
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1
Wolf, Loammi. "Revisiting Section 81 of the Constitution: The Commencement Date of Legislation (Legislative Power) Distinguished from Promulgation (Legislative Process)." Southern African Public Law 30, no. 1 (November 23, 2017): 193–220. http://dx.doi.org/10.25159/2522-6800/3534.
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Section 81 of the Constitution regulates promulgation through publication as part of the legislative process (ie, a procedural norm). The provision further creates a presumption that unless the legislature explicitly determines a commencement date in an Act it enters into force upon promulgation. The commencement date of legislation is thus part of the contents of a statute (ie, a substantive norm), which must be determined by the legislature when adopting the legislation. In a number of judgments, however, the Constitutional Court espoused the idea that the commencement date is part of the legislative process instead of being part of the contents of a statute. Thus it allowed the legislature to delegate its power to determine a commencement date for legislation to the president as head of state in transgression of section 44(1)(a)(iii) of the Constitution: this provision only mandates a delegation of core legislative powers to another legislative body. The confusion is partly due to an initial tendency of the Constitutional Court to interpret constitutional provisions in isolation and partly to the unconsidered re-importation of Westminster constitutiona common law. In the Westminster system a delegation of the power to determine a later commencement date for legislation (ie, after promulgation) to the executive and/or head of state was justified in terms of the doctrine of parliamentary sovereignty. Parliamentary sovereignty, however, was abolished in 1994: such a delegation of power is no longer compromises legislative power and the separation of powers, but goes to the substance of the rule of law and legal certainty as foundational values of the constitutional state. Compatible with sections 44(1)(a)(iii), 55(2)(b)(i), 79 and 87 of the Constitution. Lately, the Constitutional Court even ruled that the power to determine a commencement date for legislation is an executive power, which is to be exercised in terms of sections 85 and 101 of the Constitution, although section 81 explicitly confers this power upon the legislature. A reconsideration of the Court’s interpretation of section 81 is therefore overdue: it not only compromises legislative power and the separation of powers, but goes to the substance of the rule of law and legal certainty as foundational values of the constitutional state.
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Marshall, Aniqa Islam, Kanang Kantamaturapoj, Kamonwan Kiewnin, Somtanuek Chotchoungchatchai, Walaiporn Patcharanarumol, and Viroj Tangcharoensathien. "Participatory and responsive governance in universal health coverage: an analysis of legislative provisions in Thailand." BMJ Global Health 6, no. 2 (February 2021): e004117. http://dx.doi.org/10.1136/bmjgh-2020-004117.
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Participatory and responsive governance in universal health coverage (UHC) systems synergistically ensure the needs of citizens are protected and met. In Thailand, UHC constitutes of three public insurance schemes: Civil Servant Medical Benefit Scheme, Social Health Insurance and Universal Coverage Scheme. Each scheme is governed through individual laws. This study aimed to identify, analyse and compare the legislative provisions related to participatory and responsive governance within the three public health insurance schemes and draw lessons that can be useful for other low-income and middle-income countries in their legislative process for UHC. The legislative provisions in each policy document were analysed using a conceptual framework derived from key literature. The results found that overall the UHC legislative provisions promote citizen representation and involvement in UHC governance, implementation and management, support citizens’ ability to voice concerns and improve UHC, protect citizens’ access to information as well as ensure access to and provision of quality care. Participatory governance is legislated in 33 sections, of which 23 are in the Universal Coverage Scheme, 4 in the Social Health Insurance and none in the Civil Servant Medical Benefit Scheme. Responsive governance is legislated in 24 sections, of which 18 are in the Universal Coverage Scheme, 2 in the Social Health Insurance and 4 in the Civil Servant Medical Benefit Scheme. Therefore, while several legislative provisions on both participatory and responsive governance exist in the Thai UHC, not all schemes equally bolster citizen participation and government responsiveness. In addition, as legislations are merely enabling factors, adequate implementation capacity and commitment to the legislative provisions are equally important.
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STONE, ALEC. "Judging Socialist Reform." Comparative Political Studies 26, no. 4 (January 1994): 443–69. http://dx.doi.org/10.1177/0010414094026004003.
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Case studies of judicial-political interaction during two periods, 1969-1976 in Germany and 1981-1985 in France, illustrate two general points about constitutional politics in both countries. First, constitutional courts are powerful policy makers whose impact on legislative processes and outcomes is multidimensional. These courts are more than simply negative legislators, empowered to veto legislative provisions. They also exercise creative legislative powers: to recast policy-making environments, to encourage certain legislative solutions while undermining others, and to have the precise terms of their decisions written directly into legislative provisions. Second, governments and parliamentarians are often led to behave judicially, to debate and make meaningful decisions about the constitutionality of legislation. In France and Germany, both the making of public policy and the construction of constitutional law are products of sustained and intimate judicial-political interaction.
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Zemaitaityte, Irena. "LEGISLATIVE PROVISIONS FOR ADULT EDUCATION IN LITHUANIA." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 5 (May 21, 2019): 321. http://dx.doi.org/10.17770/sie2019vol5.3914.
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The article reviews the changes in legal acts and their role in the development of adult education in Lithuania. Developing learning opportunities and bringing educational services closer to each individual is a political action based on a fundamental provision of respect for the individual, his / her ability to create one's own life and that of his / her loved ones and the duty to help to do it as best as possible. Education, as an institution, has an increasingly complex role to play in justifying and creating a common educational content on which to build the social life of society in order to enable a person to develop general skills, lifelong learning skills, and helping him to adapt to a constantly changing environment. The laws and resolutions discussed reflect the advanced attitude of adult education in Lithuania as an important part of the lifelong learning system in society and provide wider opportunities for its development. Summarizing the normative documents regulating adult learning, it can be stated that at the level of strategic objectives they are relevant and purposeful, but not sufficient in some cases.
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Francesconi, E., and A. Passerini. "Automatic Classification of Provisions in Legislative Texts." Artificial Intelligence and Law 15, no. 1 (February 27, 2007): 1–17. http://dx.doi.org/10.1007/s10506-007-9038-0.
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Pennisi, Giulia Adriana. "Legislative Provisions in Context: A Linguistic Approach." Statute Law Review 37, no. 2 (April 12, 2016): 101–15. http://dx.doi.org/10.1093/slr/hmw023.
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Kadir, Rizgar Mohammed. "The Scope and the Nature of Computer Crimes Statutes - A Critical Comparative Study." German Law Journal 11, no. 6 (June 1, 2010): 609–32. http://dx.doi.org/10.1017/s2071832200018757.
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When computer crime statutes had yet to be enacted, computer crimes were subjected to traditional criminal laws. This policy resulted in greater expense and other considerable difficulties. These problems and difficulties paved the way for the emergence of a consensus calling for legislators to intervene and enact specific computer crime legislation suited to confronting this new type of criminal activity. Many countries in the world responded by enacting new criminal legislation and many others are on their way to take similar legislative steps.For the legislative intervention to be sound and successful two major questions should be adequately addressed; the scope of legislative intervention and the nature of computer crime legislation enacted. Regarding the first question, new criminal provisions are needed only to cover those crimes that are unique to computers themselves, other crimes in which a computer is used simply as an instrument for perpetration are either covered by existing criminal provisions or can be covered by simple amendments of said provisions. Another step that should be taken by legislators is the amendment of existing criminal laws with an aim to cover some special cases such as the cases in which the computer is used as an instrument for committing known traditional crimes, making the perpetration of such crimes easier or resulting in more dangerous consequences compared to their more traditional forms and cases in which intangible digitized property comes under threat from criminal activities.While many countries in the world have soundly followed such a method in dealing with computer related misconducts legislatively, others have failed to do so. In some countries, the legislator has criminalized some criminal conducts that have long since been criminalized by that country's penal code. This creates conflict between criminal provisions, posing problems to prosecutors and courts alike.Regarding the nature of computer crime statutes, the legislator is presented with two options. The first is the inclusion of the aforementioned criminal provisions in one separate code as one specific computer crime statute. The second is inserting substantive criminal provisions related to computer crimes into the existing penal law of the country. While the first method preserves the unity of substantive criminal law of the country in one code and prevents the dispersion of criminal provisions into many separate laws, the second one would, by contrast, create much-needed public awareness of computer crime.
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McNabb, Danielle, and Dennis Baker. "Ignoring Implementation: Defects in Canada’s “Rape Shield” Policy Cycle." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 36, no. 1 (April 2021): 23–46. http://dx.doi.org/10.1017/cls.2020.35.
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AbstractThis article employs a “policy cycle” framework to explore Bill C-51, legislation which contains Canada’s latest amendments to the “rape shield.” Through an in-depth evaluation of earlier rape shield reforms, as well as a content analysis of the legislative proceedings of Bill C-51, this paper reveals that, while the impetus for introducing rape shield legislation is to protect the equality and privacy rights of sexual assault complainants, the legislative process of these “policy cycles” focuses disproportionately on remedying due process concerns and less on the problems that arise in judicial implementation of the provisions. We situate this finding within the larger trend towards the “judicialization of politics,” and trace some of the institutional and structural obstacles that impede Parliamentarians from more effectively legislating to improve sexual assault trials for complainants.
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ter Vrugt, Peggy. "A pragmatic attitude: The right to silence in the Netherlands." New Journal of European Criminal Law 12, no. 3 (July 1, 2021): 389–407. http://dx.doi.org/10.1177/20322844211028312.
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This article examines the workings of the right to silence in a system, which retains a large number of the original ‘inquisitorial’ elements. The right to remain silent was and is a highly contested issue in the Netherlands, which is reflected in the fragmented and often contradictory nature of the respective legal provisions. The Netherlands has diligently implemented the relevant EU Directives and the ECtHR case law in legislation and/or through case law, including the case law on adverse inferences. However, tensions with the right to silence arise indirectly through legislative provisions and case law. Relevant examples are the provisions on interrogative pressure, on the use of suspects’ statements made before invoking the right to silence and on the provision of access to digital data (such as phone passwords) by suspects for the purposes of investigation.
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Hou, Yining. "An Investigation on the Legislative Tradition of Should Be Rough Rather Than Detailed in China's Marriage Law—Also on the Early Practice of Chinese Feminist Movement." Asian Social Science 17, no. 8 (July 31, 2021): 38. http://dx.doi.org/10.5539/ass.v17n8p38.
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The Civil Code of the People's Republic of China, which was reviewed and passed in May 2020, continues the tradition of should be rough rather than detailed in China's marriage and family legislation since the promulgation of the Marriage Law of 1950. The embodiment of this tradition in the marriage law text is fewer legal provisions, more general provisions, and more moral norms. This legislative tradition did not come from the Soviet Union but was mainly due to the unique legal nature of the Marriage Law of 1950. This law is the product of the victory of the Chinese feminist movement since the Revolution of 1911. Its legislative tradition of should be rough rather than detailed is determined by the legislative purpose of this law to break the feudal marriage system and protect the rights of women and children, and its unique legal attributes. The formulation of this law was subject to the legislative difficulties and the social reality faced by the marriage law drafting group centered on women leaders. It was a helpless choice in a particular period. In the modern society where China's economy, society, and marriage and family relations have undergone significant changes, it is crucial to improve marriage legislation and reverse the legislation tradition of should be rough rather than detailed, so that the improvement of legislative techniques and legislative goals meet the needs of economic and social development.
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Amayreh, Osama Ismail Mohammad, Izura Masdina Mohamed Zakri, Pardis Moslemzadeh Tehrani, and Yousef Mohammad Shandi. "The Principle of Good Faith in the Palestinian Civil Code Draft and Its Role in Maintaining Economic Contractual Equilibrium at the Pre-Contracting Phase." Journal of Politics and Law 12, no. 3 (August 23, 2019): 113. http://dx.doi.org/10.5539/jpl.v12n3p113.
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The jurisprudential and judicial legal trend tends to apply the principle of good faith at the pre-contracting phase as one of the most substantial principles governing this phase, since it is inconceivable that the parties are to negotiate in bad faith, and then must implement the contract in good faith, in accordance with the traditional legal rule that “fraud spoils everything it touches”. However, the Palestinian legislature has ignored enacting legal provisions obliging the parties to abide by the principle of good faith in the pre-contracting phase causing a legislative deficiency in the legislative remedies of the subject of good faith in the pre-contracting phase. This paper seeks to prove that replacing a provision that requires good faith in negotiations with the provisions of tort liability causes many legal problems. To prove this, the legal provisions should be analysed which would also include determining the definition of the principle of good faith, and the function of that principle in achieving contractual equilibrium and the legal basis for this principle at the stage of negotiation which should also be analysed. Moreover, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the need to legislate a legal article which obligates the negotiating parties to behave in good faith, as this has become an unavoidable reality that should be dealt with to contribute to the stability of civil and commercial transactions. As such, the legal article should also specify the compensation to be claimed.
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Toh Joong-Jin. "Problems and Legislative Solution for Provisions on Forfeiture." Journal of Criminal Law 20, no. 1 (March 2008): 29–52. http://dx.doi.org/10.21795/kcla.2008.20.1.29.
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Gondwe, Zebron Steve. "Legislative Comprehensiveness – An Assessment of Two Tanzanian Provisions." Verfassung in Recht und Übersee 18, no. 1 (1985): 37–47. http://dx.doi.org/10.5771/0506-7286-1985-1-37.
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Τουντασάκη (Eirini Tountasaki), Ειρήνη. "Η ανθρωπολογική έρευνα της δωρεάς ωαρίων στην Ελλάδα: πολιτισμικές αντιλήψεις, κοινωνικές πρακτικές και νομικοί κανόνες." Bioethica 3, no. 2 (November 22, 2017): 26. http://dx.doi.org/10.12681/bioeth.19722.
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Legislative provisions regarding the use of reproductive technologies prove the attempt of law to respond to the new social needs and to supply answers to acute ethical and legal dilemmas which have arisen as a result of the dramatic progress of biotechnologies. Nevertheless, legislation must not appear as a simple list of rules. It reflects sociocultural conceptions and reconfigurations which characterize particular historical and political situations while at the same time affect and contribute to the shaping of the social agents choices.I attempt to analyze this interaction between legislative provisions and social practices through the case of legislation of the egg donation technique. Drawing from the combination of the study of laws with the analysis of the anthropological research data -which reproduce the agents discourse- I try to show that legislation does not only defend but also reinforce the infertile couples attempt to normalize the oddity of medically assisted reproduction, to naturalize the birth of a child. The anonymity between all involved parties, the secrecy surrounding the whole process of the use of the egg donors and the construction of similarities between the child and the candidate parents not only meet the regulatory requirements of the legislative provisions but at the same time constitute strategies activated by the agents in order for the donor to be eliminated, the use of foreign eggs to be naturalized, the technique of assisted reproduction to imitate natural reproduction.
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Barylo, O. G. "Problematic issues of regulatory and legal support of the civil protection administration system operation." Public administration aspects 5, no. 11 (February 27, 2018): 83–93. http://dx.doi.org/10.15421/15201742.
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This article examined the legislation of Ukraine as well as studies on public administration in the field of civil protection. It has been revealed that far too little attention has been paid to the problematic issues regarding the structure and tasks of the civil protection administration system which are not covered properly in the provisions of legislative and regulatory acts. Analysis of the legislative framework of Ukraine that regulates public administration bodies and local self-governments in the field of civil protection was carried out. It is emphasized that in the legislative acts, the issues regarding the civil protection administration system and information and analysis system as its component are introduced in a fragmented manner, not in full.The provisions of legislative and regulatory acts in the field of civil protection shows controversy and duplication of tasks on emergency notification and informing the authorities as well as population including their training to act in emergency, on information and analytical support for decision-making under the circumstances as well. It is proposed to identify separately the analysis and information system of civil protection as a component of the civil protection administration system in the legislative acts.
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Daly, Yvonne M. "Ireland: Curtailment of the right to silence through statutory adverse inferences." New Journal of European Criminal Law 12, no. 3 (June 29, 2021): 347–64. http://dx.doi.org/10.1177/20322844211028308.
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In Ireland, the right to silence has been significantly impacted by the legislative introduction of adverse inference provisions. In specified circumstances, with varying threshold requirements, a suspect’s failure to answer questions or provide information during Garda (police) questioning can form the basis of an inference against them at trial. Ireland has not opted in to either Directive 2016/343/EU on the strengthening of certain aspects of the presumption of innocence or Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings. This article examines the constitutional and common law context of the protection of the right to silence in Ireland; the operation, and expansion, of the statutory inference regime; the lack of legislative provision for a right to legal assistance during Garda interview; and relevant European Court of Human Rights jurisprudence. While there are some benefits to overt legislation and safeguards attached to the drawing of inferences from pre-trial silence, the question must be asked whether a detained suspect in Ireland truly has a protected right to silence in real terms, given the proliferation of inference provisions.
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Shcherbovich, Andrey A. "Comparative analysis of the legislation in sphere of Internet governance in Central and Eastern Europe." Prawo 327 (June 11, 2019): 325–38. http://dx.doi.org/10.19195/0524-4544.327.21.
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The article deals with a comparative analysis of provisions of national legislation and draft legislation initiatives of the nations of Central and Eastern Europe on regulation of the Internet. Special attention is paid to legislative measures infringing human rights of Internet users. Here we need to stress the importance of international law which could guarantee realization of the human rights of users, as well as integrity of the Internet. Finally, the article suggests the most important provisions of the international rules for these purposes.
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Pincus, Morton. "LEGISLATIVE HISTORY OF THE ALLOWANCE OF LIFO FOR TAX PURPOSES." Accounting Historians Journal 16, no. 1 (June 1, 1989): 23–55. http://dx.doi.org/10.2308/0148-4184.16.1.23.
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The legislative history of the allowance of LIFO for tax purposes is documented. The legislative process was structured around veto points of the law and yielded an examination of the political environment out of which the LIFO tax provisions emerged. LIFO provisions were analyzed relative to alternative tax options available to firms, administrative and judicial activities, overall tax legislation including tax rates, and general economic conditions. Production processes of firms lobbying for LIFO were examined and the views of academics and practitioners were incorporated. In addition to providing the basis for a regulatory event study by identifying the critical dates in the legsilative process, insight into the timing and choice of inventory accounting methods for financial reporting as well as for tax is gained.
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Hwang, Thomas J., Rachel E. Sachs, and Aaron S. Kesselheim. "Public Participation in Drafting of the 21st Century Cures Act." Journal of Law, Medicine & Ethics 45, no. 2 (2017): 212–20. http://dx.doi.org/10.1177/1073110517720650.
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The 21st Century Cures Act is a major act of legislation that contains numerous changes to drug and device regulation. The House of Representatives passed the Act after considerable interest group lobbying, but the bill and the key changes made during its drafting remain controversial. Using publicly disclosed records of written comments on the bill, we reviewed the key areas of lobbying activity and the compromises made in the final text. We focused on legislative provisions relating to management of the National Institutes of Health, incentives for medical product development, and approval standards for new drugs and devices. By the end of the first comment period, the Committee received 118 comments. Most respondents were patient organizations, professional societies, and pharmaceutical and device companies. Overall, the majority of public comments were positive, although public health and consumer organizations were underrepresented in the number of submitted comments. As the legislative process continued, the draft bill underwent several changes relating to NIH funding, market exclusivity provisions, and scrutiny of regulatory evidentiary standards. Understanding the key statutory provisions and how they have evolved could help patients, researchers, and advocates make more informed comments on the bill and future health care legislation.
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Pursall, Tony. "Cayman Islands foundation companies." Trusts & Trustees 25, no. 6 (July 1, 2019): 656–61. http://dx.doi.org/10.1093/tandt/ttz049.
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Abstract Foundation companies have now been available in the Cayman Islands for over 16 months. In addition to a summary of the main provisions of the legislation and upcoming legislative developments, this article takes the opportunity to consider how successful the legislation has been and the uses to which foundation companies have been put over that period.
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Kirin, R., P. Baranov, and I. Koziakov. "GEMOLOGICAL LAW OF UKRAINE: FORMATION PROBLEMS AND DEVELOPMENT PROSPECTS." Visnyk of Taras Shevchenko National University of Kyiv. Geology, no. 2 (93) (2021): 6–14. http://dx.doi.org/10.17721/1728-2713.93.01.
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The article analyzes the scientific and legislative provisions connected with the specifity of the legal regulation of relations in the field of gemological activity and gemological objects. The current state of sources of gemological law and their belonging are investigated, which is nowadays ambiguous, since they get to a system of currency law (a component of financial and credit or budgetary and financial legislation) as well as to a system of industrial legislation, while having the provisions of mining, economic, civil, administrative, fiscal, customs and expert legislation in the contents. It is proposed to consider gemological law as a set of legal norms regulating public relations in the field of organizing and carrying out gemological activities connected with the acquisition of the right to use, mining, property, use and operations with gemological objects in the form of subsoil, mineral, production and secondary resources, control over their turnover and expertise. It is noted that consideration of precious stones and precious metals, having geological and mineralogical, physicochemical, jewellery and industrial, and legal differences, as the complex object in the context of the domain of the unified legislative act, intended to be a basis of new market relations in the field of jewellery transactions, could be regarded as the justified one only at the early stage of legislative base formation for the field. Provisions are given, according to which it is recognized that the current law is outdated, since its subject of regulation has been transferred mainly to the subordinate level; the mechanisms for replenishing state funds provided in it are contradictory, incomplete and practically not implemented in practice; the form of restrictions in the circulation of valuable objects and their validity are debatable; relations of the quality and safety of products, consumer protection, ensuring a balance of public and private interests, equality of business entities, competitiveness of the industry need updating in European integration legal regulation. For the first time in the context of geological and legislative science, the authors propose to form a structure of the gemological law system based upon the principles of differentiation of a type of gemologically important activities for generic derivatives (i.e. gemological and resource law; right of gemological circulation; right of gemological expertise etc.) as well as a type of gemological objects and resources for direct groups. Development prospects of gemological legislation are connected with its reduction to a certain agreed system and its unity provision by means of the internal and external improvement of contents and development of the Gemological Code of Ukraine.
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Schmeiser, Douglas A. "Living Wills and Medical Treatment of the Terminally Ill." Healthcare Management Forum 2, no. 3 (October 1989): 32–37. http://dx.doi.org/10.1016/s0840-4704(10)61226-4.
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A terminally ill individual may sign a living will, which is a document requesting to be allowed to die a natural death, have it witnessed and address this wish to a relative, physician, lawyer or medical facility. No legislation, however, exists in Canada concerning living wills. Consequently, establishing the legal situation is based on both legislative and non-legislative sources. This article explores implications of the Criminal Code, the application of rules of criminal and civil law, provisions of the Charter, living will legislation in the United States and the power of attorney approach regarding this controversial issue.
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Arsenyeva, Galina V., and Irina S. Khramova. "The Main Tendencies of Criminal Law Protection of Natural Objects in the History of the Russian Laws (the Middle of the XVII to the Early XX Century)." History of state and law 2 (February 11, 2021): 69–73. http://dx.doi.org/10.18572/1812-3805-2021-2-69-73.
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The article is devoted to the study of the evolution of Russian legislation on environmental crime. The empirical basis of the study was made up of legislative acts of the mid-XVII — early XX centuries. The main trends in the evolution of criminal law protection of natural objects are revealed. The authors came to the conclusion that despite a certain unsystematic and casuistic nature of the legislation establishing responsibility for environmental crimes, the provisions of legislative acts of the mid-XVII — early XX centuries served as the basis for further development of the system of environmental crimes.
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Fogleman, Valerie. "The contaminated land regime: time for a regime that is fit for purpose (Part 1)." International Journal of Law in the Built Environment 6, no. 1/2 (April 8, 2014): 43–68. http://dx.doi.org/10.1108/ijlbe-08-2013-0034.
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Purpose – The purpose of this article is to examine the regime to remediate contaminated land in the UK set out in Part 2A of the Environmental Protection Act 1990 and to analyse the UK Government's intent and objectives in introducing the regime. The legislative provisions and the statutory guidance that accompanies that legislation are then analysed to determine whether those objectives could have been met. Design/methodology/approach – A research approach was taken to trace the legislative history of Part 2A and to analyse the statutory provisions and the statutory guidance. The approach included researching Parliamentary debates on the statute, consultations on the statutory guidance, other information published by the UK Government, commentaries on the regime, and contaminated land regimes in other jurisdictions. Findings – The paper found that the introduction of a contaminated land regime that delegates primary implementation and enforcement authority to local authorities, and that severely limits their discretion in doing so, has resulted in a regime that has proven to be unworkable in practice and that has failed to meet its objectives. Originality/value – The article is the first paper to examine the legislative intent and objectives behind Part 2A and to analyse their effect on the provisions in the statute and the statutory guidance and their implementation and enforcement.
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Paper by the Commonwealth Secretari. "COMMONWEALTH SECRETARIAT ANTI‐CORRUPTION PROJECT: ‘WHISTLEBLOWING’ MODEL LEGISLATIVE PROVISIONS." Journal of Commonwealth Law and Legal Education 6, no. 2 (October 2008): 163–85. http://dx.doi.org/10.1080/14760400902969834.
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Shirley, William Alan. "Resolving Challenges to Statutes Containing Unconstitutional Legislative Veto Provisions." Columbia Law Review 85, no. 8 (December 1985): 1808. http://dx.doi.org/10.2307/1122421.
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Lazetic-Buzarovska, Gordana. "New Macedonian legislation which improves the position of the injured party." Temida 8, no. 2 (2005): 3–10. http://dx.doi.org/10.2298/tem0502003l.
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This article deals with newly adopted provisions in the Macedonian criminal legislation, that are affecting the position and status of injured party in the criminal procedure, with special attention to alternative measures as new criminal sanctions and new opportunities for realization of compensation request on time and in effective way. As author says, with extending the grounds for submitting compensation request the legislator have introduced provisions that contribute toward improving the position of the injured party during the criminal procedure and even after its termination. Beside already strengthened position of public prosecutor, there are new provisions regarding widening of possibilities for injured party when he is in the role of subsidiary prosecutor. Having in mind European countries? experiences regarding witness protection, Republic of Macedonia has created legislative framework for combating most difficult types of organized crime. However, practical implementation of newly adopted Law on witness protection depends a lot on successful establishment and functioning of authorities responsible for caring out witness protection Programs, providing enough financial resources and intensive and direct interstate co-operation. Hence, it is obvious that the legislative provisions are just the first step among necessary activities for accomplish witness protection programs.
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Stringfield, Sam, Shelley H. Billig, and Alan Davis. "Chapter 1 Program Improvement: Cause for Cautious Optimism and a Call for Much More Research." Educational Evaluation and Policy Analysis 13, no. 4 (December 1991): 399–406. http://dx.doi.org/10.3102/01623737013004399.
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The program improvement provisions of the Hawkins-Stafford Amendments to Chapter 1 rest on the optimistic premise that school-level accountability pressures directed at Chapter 1 will lead to higher academic achievement for educationally disadvantaged students. Although the legislation may be unrealistic in assuming that improvement is primarily an act of will, it correctly focuses on the school as the appropriate unit for change. Principals of over 200 schools identified for program improvement in three states were surveyed to determine local responses to the new provisions. Over two-thirds of responding schools had begun to implement programmatic changes. Fully 84% supported the legislative provisions. Research is called for to study the effects of the legislation and to provide additional options to low-performing schools.
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Armeanu, Andrei. "LEGAL PROTECTION AND SOCIAL REINTEGRATION OF HUMAN TRAFFICKING VICTIMS." Agora International Journal of Juridical Sciences 13, no. 2 (January 21, 2020): 1–7. http://dx.doi.org/10.15837/aijjs.v13i2.3794.
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As of April 2019 the Romanian authorities have expanded the protective measures to which victims of crime will have access through Government Ordinance 24/2019. This legislative amendment is designed to harmonise national legislation with the full provisions of the European Directive 2012/29/EU laying down minimum rules on the rights, support and protection of victims of crime. These changes are welcome given previous legislative loopholes and worrying statistics as the phenomenon of trafficking in human beings is growing in Romania. This paper is reviewing recent legislative changes and proposes an analysis of the protection and support measures available for victims of trafficking in human beings in Romania.
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Hervé-Fournereau, Nathalie. "European Sovereignty and Sustainable Development: Disenchanted Analysis of a Clear-Obscure Political Speech." Journal of Vasyl Stefanyk Precarpathian National University 5, no. 2 (August 23, 2018): 223–26. http://dx.doi.org/10.15330/jpnu.5.2.223-226.
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This article demonstrates the new innovative approach to the significant legal and political correlations and is been written in the form of Presidential political speech analysis, which foresees the deep synthesis and knowledge of legislative provisions, reflections on national sovereignty, ecological transition, climate change and European Union legislation.
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Виноградова, Полина, and Polina Vinogradova. "Elections the higher official of the municipality: legal models." Advances in Law Studies 2, no. 6 (December 31, 2014): 281–85. http://dx.doi.org/10.12737/10004.
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High dynamics of improving federal legislation determines the relevance of consideration the order of election of officers. The legal status of officials is a basic institution of constitutional law and requires detailed consideration. Description of new legislative model the order of election of the higher officials of municipalities are the purpose of the work. Consideration of designated questions in the context of enforcement practice is the main objective of the study. The conclusions of the paper, allow to use new legislative provisions in accordance with the legal nature of the institution.
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Klein, Benjamin, and Uwe Müller. "The New Legislative Competence of "Divergent State Legislation" and the Enactment of a Federal Environmental Code in Germany." Journal for European Environmental & Planning Law 4, no. 3 (2007): 181–94. http://dx.doi.org/10.1163/187601007x00190.
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AbstractIn the course of the comprehensive reform of the federal system (Föderalismusreform) which entered into force on 1 September 2oo61, the Federation (Bund) has been granted additional legislative competencies with regard to environmental issues. At the same time, however, the newly established legislative competence of "divergent state legislation" (Abweichungsgesetzgebung) allows the Federal States (Leinder) to enact laws deviating from federal legislation in certain areas. On the one hand, the strengthening of legislative competencies of the Federation with regard to environmental issues enables the enactment of a Federal Environmental Code, which has been under discussion for many years. On the other hand, deviating provisions of the Federal States could undermine the integrative effects of such a code. However, the vast majority of national environmental regulations are mandatory implementation of European law. Thus, the question arises whether the new legislative competence of "divergent state legislation" will even become relevant in practice and whether it will actually impede an integrative Federal Environmental Code, or if the duty to observe European law will serve as a corrective influence and prevent the Federal States from undermining a Federal Environmental Code by precluding them from making extensive use of their powers to enact divergent legislation.
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Fagbadebo, Omololu. "Interrogating the Constitutional Requisites for Legislative Oversight in the Promotion of Accountability and Good Governance in South Africa and Nigeria." Insight on Africa 11, no. 1 (December 24, 2018): 38–59. http://dx.doi.org/10.1177/0975087818814912.
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This article interrogates the effectiveness of the requisites for constitutional provisions in respect of the promotion of accountability and good governance in South Africa and Nigeria. The article notes that the drafters of the Constitutions of the two countries made sufficient provisions for the regulation and control of the executive and legislative activities in a manner that could guarantee effective service delivery. These constitutional provisions, in line with the practices of their respective governing systems of the two countries, empower the legislature to hold the executive accountable. The article discovers that the lawmakers in the two countries lacked the capacity to harness the provisions for intended purposes. Using the elite theory for its analysis, the article argues that legislative oversight in South Africa and Nigeria is not as effective as envisaged in the constitutional provisions envisaged. This weakness has given rise to the worsening governance crises in the two countries in spite of their abundant economic and human resources. The article opines that the institutional structures of the political systems of the two countries, especially the dominant party phenomenon, coupled with the personal disposition of the political elites incapacitate the effective exercise of the oversight powers of legislatures in the two countries. The article, therefore, submits that the people of the two countries have to devise another means of holding their leaders accountable in the face of collaboration between the executive and the legislature to perpetuate impunity in the public space. Independent agencies should be more active in the exposure of unethical behaviours of the political elites, while the judiciary should be more independent in the dispensation of justice.
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Bogdanova, E. E., and D. A. Belova. "Actual Problems of Reforming Legislation on Surrogacy." Actual Problems of Russian Law 16, no. 4 (May 3, 2021): 66–75. http://dx.doi.org/10.17803/1994-1471.2021.125.4.066-075.
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The paper is devoted to the analysis and evaluation of the draft law “On Amendments to Certain Legislative Acts of the Russian Federation Regulating Surrogate Motherhood Issues” aimed at improving legislation in the field of assisted reproductive technologies. The authors highlight the provisions of the draft law that deserve support due to their focus on ensuring the interests of the child and substantiate the appropriateness of enshrining provisions under consideration in the rules of Russian law, in particular, provisions consolidating age restrictions for potential parents, the prohibition of commercial mediation in the field of artificial reproduction, etc. At the same time, the provisions that need to be changed in order to balance the interests of all participants in the emerging public relations are identified and substantiated. The authors subject to critical analysis provisions restricting access of single individuals to surrogacy technologies due to their unreasonableness, contradiction to the provisions of the Constitution of the Russian Federation and conceptual approaches to understanding the family, motherhood and childhood.
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Stewart, G. "The Promulgation of Penal Provisions." Victoria University of Wellington Law Review 27, no. 3 (November 3, 1997): 487. http://dx.doi.org/10.26686/vuwlr.v27i3.6104.
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The following is an extract from a larger piece of research undertaken for the Law Commission's Drafting Manual project, one aspect of which deals with the legislative drafting of penal provisions. Within that area, specific issues arose such as: Should an offence be created at all? What are the factual elements of the offence? What mental element is appropriate? What defences are to be available? How should the provisions be promulgated (e.g., in a statute? in regulations? in rules?)? This article addresses the problems raised by that last issue.
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Vahid qızı Nuri, Fidan. "EU legislation in the field of animal protection and its unresolved issues." ANCIENT LAND 04, no. 02 (April 21, 2021): 24–26. http://dx.doi.org/10.36719/2706-6185/04/24-26.
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The European Union (EU) has since 1974 established a wide range of legislative provisions concerning animal welfare. Under the EU treaties, animals are recognised as sentient beings, and in consequence, the EU and the Member States must pay due regard to the welfare requirements of animals when preparing and implementing EU policies in for example, agriculture or internal market. Today EU legislation on the welfare of farm animals covers with specific provisions the farming of poultry, calves and pigs as well as, for all species, transport and slaughter operations. This legislation is one of the most advanced in the world. In particular the EU has banned traditional cages for laying hens and requires group housing for pregnant sows.
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Adam, Lisanne, and Greg Barns. "Digital strip searches in Australia: A threat to the privilege against self-incrimination." Alternative Law Journal 45, no. 3 (May 11, 2020): 222–27. http://dx.doi.org/10.1177/1037969x20923073.
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Law enforcement has experienced difficulties retrieving information stored on the mobile devices of suspects. Over the last years, a number of Australian jurisdictions enacted legislation that allows police officers to compel an individual to unlock their device (such as providing a PIN or fingerprint to unlock the device). Non-compliance with these legislative provisions is punishable by imprisonment. The refusal by suspects to comply with an order to unlock their devices has been addressed in a number of Australian courts. In this article, the authors will discuss this legislative activity and the courts’ responses in light of the privilege against self-incrimination.
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De Ville, Kenneth A., and Loretta M. Kopelman. "Fetal Protection in Wisconsin's Revised Child Abuse Law: Right Goal, Wrong Remedy." Journal of Law, Medicine & Ethics 27, no. 4 (1999): 332–42. http://dx.doi.org/10.1111/j.1748-720x.1999.tb01468.x.
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In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power to commit pregnant women involuntarily for two days; a court order can place the pregnant women in custody for up to nine months. These recent legislative “successes” follow scores of failed attempts by legislators in other states to establish fetal protection laws aimed at women who use and abuse drugs and alcohol during pregnancy.
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Eaton, Sinead J. "Using a real contract to teach law holistically." International Journal of Clinical Legal Education 24, no. 3 (December 20, 2017): 122. http://dx.doi.org/10.19164/ijcle.v24i3.670.
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A globally used industry-standard contract proved to be of great use in teaching a few aspects of law and putting a few others in context. The practical exercise of analysing the provisions of an actual contract facilitated active learning. The use of contract provisions to manage risk and the use of standardised contracts to reduce legal costs and achieve efficiencies also emerged. Students learned about different aspects of law and the legislative process, as well as seeing how national legislation can come into being and how it can support, or fail to support, a particular business sector.
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Blicharz, Jolanta, and Lidia Zacharko. "Idea good governance w administracji publicznej – kilka refleksji." Opolskie Studia Administracyjno-Prawne 16, no. 1 (2) (May 31, 2019): 55–71. http://dx.doi.org/10.25167/osap.1128.
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The enactment of a good law is the basic instrument of good governance. The model of creation and application of the law, however, gives rise to an issue. The main flaws of the Polish legislation include: fluctuations of legal provisions, infringements of legislative procedures, lack of transparency, inconsistencies, temporary solutions and its incompatibility with the EU law and the Constitution.
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Akimova, I. V., and L. V. Vovkivskaya. "Legal bases of leniency and exemption from liability for violation of the antimonopoly legislation." Russian competition law and economy, no. 1 (March 30, 2019): 52–59. http://dx.doi.org/10.32686/2542-0259-2019-1-52-59.
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The article consideres the key provisions of legal institutions of leniency and exemption from liability for violation of the antimonopoly legislation, controversial issues of appli- cation practice of institution of leniency and exemption from liability. The article inves- tigates the proposals of legislative regulation improvement of above-stated institutions and their application practice.Objective: creation of theoretical prerequisites for legislative regulation improvement for the institutions of leniency and exemption from liability for violation of the antimo- nopoly legislation.Summary: the article concludes that the institutions of leniency and exemption from liability for violation of the antimonopoly legislation should be applied according to the specifics of a particular offense and should be aimed at private and public interests balancing, principles of proportionality, individualization, equity, the inevitability of administrative responsibility measures.
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Vetter, Szilvia, Anita Boros, and László Ózsvári. "Penal Sanctioning of Zoophilia in Light of the Legal Status of Animals—A Comparative Analysis of Fifteen European Countries." Animals 10, no. 6 (June 12, 2020): 1024. http://dx.doi.org/10.3390/ani10061024.
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The criminal legislation regarding zoophilia and the legal status of animals were examined in 15 European countries. With regard to zoophilia, answers to the following questions were sought: are sexual acts performed with animals and the possession and distribution of animal pornography criminally punishable? Several aspects of the legal status of animals were examined including: (1) is the protection of individual animals included in the constitution, (2) do animals have a special status beyond mere objects, (3) can we find specific legislative provisions that explicitly state that animals are not simply things, and (4) does the legal system also take the “dignity” of animals into consideration. The assessment of zoophilia and the legal status of animals resulted in two country rankings, which the authors compared with each other. The correlation was not significant (p = 0.3147). At the same time, countries with differentiated criminal legislation for zoophilia were also 3.62 times more likely to rank higher in terms of the legal status of animals. The Swiss regulations are exceptional in both respects, while at the other end of the list, Italy does not have specific legislative provisions for either aspect.
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Abdrasulov, Ermek B. "Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan." osteuropa recht 67, no. 2 (2021): 133–44. http://dx.doi.org/10.5771/0030-6444-2021-2-133.
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This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.
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Clark, Mary E. "AIDS Prevention: Legislative Options." American Journal of Law & Medicine 16, no. 1-2 (1990): 107–53. http://dx.doi.org/10.1017/s0098858800009965.
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This article reviews legislative options to prevent the transmission of HIV infection. It distinguishes between pre-exposure measures designed to prevent intitial exposure, and post-exposure measures aimed at preventing infected individuals from exposing others. Part I identifies education as the key component of a comprehensive prevention program, and reviews options for pre-exposure education programs designed to avoid or minimize exposure. Part II reviews post-exposure prevention measures, focusing on reporting and contact tracing provisions. Mandatory reporting by name of individuals testing HIV positive and mandatory contact tracing are opposed as counterproductive prevention measures; voluntary partner notification is supported. Part III examines various prevention efforts for settings where there may be either a real or perceived risk of transmission of HIV infection. Part IV sets out conclusions.
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Tomczyk, S. Y. "Legislative regulation of administrative justice principles." Russian Journal of Legal Studies 3, no. 2 (June 15, 2016): 140–43. http://dx.doi.org/10.17816/rjls18160.
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This article analyzes the principles of the administrative proceedings that have received the legal consolidation of the Code of Administrative Procedure Code. The article analyzes the legislative regulation of the basic principles of administrative proceedings, reveals contradictions on the number and composition of these principles in articles CAS, and marked some of the provisions, which were not reflected in the list of important and special obscheprotsessualnyh principles discussed in the scientific literature.
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Mohammad Amayreh, Osama Ismail, Izura Masdina Mohamad Zakri, Pardis Moslemzadeh Tehrani, and Yousef Mohammad Shandi. "THE PRE-CONTRACTUAL DUTY OF DISCLOSURE IN THE PALESTINIAN CIVIL CODE DRAFT AND ITS ROLE IN MAINTAINING ECONOMIC CONTRACTUAL EQUILIBRIUM." UUM Journal of Legal Studies 12, Number 1 (January 31, 2021): 119–56. http://dx.doi.org/10.32890/uumjls2021.12.1.6.
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Many recent legislations and international principles tend to apply the pre-contractual duty of disclosure as one of the most substantial principles governing the pre-contracting phase, such as Article 1112-1 of the Amended French Civil Code of 2016, Article 1337 of the Amended Italian Civil Code and Article 13 of chapter 2 of the Common European Sales Law, etc. However, the Palestinian legislature has ignored enacting legal provisions imposing the pre-contractual duty of disclosure which causes legislative deficiencies in the legislative remedies of the subject of pre-contractual duty of disclosure. In this regard, this paper suggests orientations for the formulation of the provisions of the pre-contractual duty of disclosure in the Palestinian Civil Code Draft (PDCC). To do so, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the urgent need to legislate a legal article which obligates the negotiating party to disclose any substantial information for the satisfaction of the other party. As such, the contractual equilibrium entails that the pre-contractual duty of disclosure has its own independent essence from all the theories that the jurisprudence adopted as a legal basis for this duty.
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Серова, Ольга, and Olga Serova. "Civil law reform in Russia: a critical analysis." Advances in Law Studies 1, no. 4 (September 1, 2013): 197–204. http://dx.doi.org/10.12737/982.
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The article describes the state of civil law at this stage. The concept of development of civil legislation of the Russian Federation has set a clear direction changes. In reality, however, many of the provisions have not been taken into account. The article identifies the main trends of development of the system of legal persons. The author marks positive and negative aspects of the proposed legislative innovations.
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Aggarwal, A. N., and V. K. Karia. "Pollution Control – Regulation and Legal Provisions in India." Water Science and Technology 20, no. 10 (October 1, 1988): 57–62. http://dx.doi.org/10.2166/wst.1988.0124.
Full textAbstract:
Immediately after independence in 1946, the Government of India resorted to rapid industrialization to minimize outside dependence and to improve the standard of living. This, while helping the country to grow, also created problems of environmental management. Rapid deterioration of natural resources forced the Government to enact a number of legislative measures and create regulatory agencies both at central and state government levels. These agencies were given powers to effectively implement various Acts. Severe penalties, including fines and imprisonment, were envisaged for offenders of environmental Acts. Responsibilities were defined, to avoid a scapegoat approach. On the other hand, to reward industries showing a positive approach to environmental protection, a number of fiscal incentives and tax benefits were also offered. Recently, to provide more comprehensive legislation for the protection of all the components of the environment under a single agency, a new bill entitled the ‘Environmental Protection Bill, 1986' has been introduced in Parliament. This regulatory approach has started to show results, and more and more industries have started to provide pollution control facilities.
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Kokowski, Michał. "Komentarz na temat kryteriów i trybu oceny czasopism naukowych przedstawionych w Projekcie z dnia 6 czerwca 2016 r. „Rozporządzenia Ministra Nauki i Szkolnictwa Wyższego z dnia ……………….. 2016 r. w sprawie przyznawania kategorii naukowej jednostkom naukowym” oraz postulowane zmiany zapisów." Studia Historiae Scientiarum 15 (November 24, 2016): 23–43. http://dx.doi.org/10.4467/23921749shs.16.003.6146.
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The article discusses the criteria and procedure for the parametric evaluation of scientific journals according to the Bill of 6 June 2016 of the “Directive of the Minister of Science and Higher Education, Republic of Poland, dated .................... 2016 concerning the process of granting academic categories to scientific institutions”. It indicates serious legislative flaws as well as flaws concerning the science of science (including bibliometrics) in the Bill and proposes significant amendments to the provisions of this Directive. It indicates serious flaws of this Bill regarding legislation, the science of science (including bibliometrics), and proposes significant amendments to the content of the provisions of this Directive.
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Roots, Katrin. "Trafficking or Pimping? An Analysis of Canada’s Human Trafficking Legislation and its Implications." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 28, no. 01 (April 2013): 21–41. http://dx.doi.org/10.1017/cls.2012.4.
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Abstract In 2005, Canada implemented its first-ever domestic human trafficking legislation under sections 279.01 through 279.04 of the Criminal Code of Canada. The first conviction under this legislation came about three years after its implementation, with a total of only five convictions having been obtained as of January of 2011. This article examines the legislation and the legislative definition of human trafficking in Canada, arguing that the vagueness of this legislation, the breadth of the legislative definition, and its similarity to other provisions within the Criminal Code make it difficult to distinguish human trafficking from other criminal offences, particularly procurement, or in lay language—pimping, which is governed under section 212 of the Code. Analyzing cases identified as human trafficking by Canadian police and legal authorities, this article demonstrates the problematic effects of Canada’s human trafficking legislation. The article points out the challenges arising from identifying non-trafficking cases as human trafficking, including undermining the severity of human trafficking and impeding efforts to combat it.