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Journal articles on the topic 'Policy and Jurisdiction'

Author: Grafiati

Published: 4 June 2021

Last updated: 6 February 2022

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1

Scott, Richard E., M. Faruq U. Chowdhury, and Sunil Varghese. "Telehealth policy: Looking for global complementarity." Journal of Telemedicine and Telecare 8, no. 3_suppl (2002): 55–57. http://dx.doi.org/10.1258/13576330260440871.

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summary Telehealth is gaining acceptance as a tool for bridging the local and global health-care divides. However, integrating telehealth into existing health infrastructures presents a daunting challenge for governments, policy makers, telehealth advocates and health-care workers. The development of specific inter-jurisdictional telehealth policies will significantly improve the ability to meet this challenge. In the policy context, one ‘success’ is the increasing number of jurisdictions addressing policy issues. However, policy decisions have largely been taken in isolation, within individua

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Peiris, G. L. "Judicial review and immigration policy: emerging trends." Legal Studies 8, no. 2 (1988): 201–28. http://dx.doi.org/10.1111/j.1748-121x.1988.tb00550.x.

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Some recent attitudes to the scope of judicial review in the field of immigration policy represent a sharp contrast with the trends which typify the current renaissance in administrative law. The conspicuous features of modern developments are the range and intensity ofjudicial initiatives in expanding, almost beyond recognition, the parameters within which the exercise of supervisory jurisdiction is warranted in principle. Despite some suggestions to the contrary, it is not altogether satisfactory to regard the revamped notion oferror oflaw as an organising principle which supplants review me

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Feld, Lars P. "Fiskalischer Wettbewerb und Einkommensumverteilung." Perspektiven der Wirtschaftspolitik 1, no. 2 (2000): 181–98. http://dx.doi.org/10.1111/1468-2516.00011.

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Abstract Fiscal competition is supposed to lead to the collapse of the welfare state because, first, it will become difficult for a single jurisdiction to levy a redistribution tax upon the rich and mobile, and second, such a policy, if undertaken in one jurisdiction, will attract poor individuals from other jurisdictions and erode the internal redistribution policy. In this paper, theoretical and empirical studies concerning the impact of taxes and transfer payments on residence decisions of taxpayers are reviewed. The relationship of fiscal competition and the erosion of the welfare state is

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Scott Bray, Rebecca, and Greg Martin. "Exploring fatal facts: current issues in coronial law, policy and practice." International Journal of Law in Context 12, no. 2 (2016): 115–40. http://dx.doi.org/10.1017/s1744552316000100.

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AbstractDeath investigation and coronial practices have undergone significant social, political and legal scrutiny in recent years. A wave of coronial reform has occurred across jurisdictions, including in the United Kingdom (UK), Australia, Canada and New Zealand, with a concomitant focus on the adequacy of death investigation law and policy. Taking key coronial developments in the UK and Australia as its starting point, this paper explores a legal jurisdiction undergoing immense legal and policy reform to illustrate why coronial law and practice is of increasing scholarly interest. It begins

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S. Barnert, Elizabeth, Laura S. Abrams, Cheryl Maxson, et al. "Setting a minimum age for juvenile justice jurisdiction in California." International Journal of Prisoner Health 13, no. 1 (2017): 49–56. http://dx.doi.org/10.1108/ijph-07-2016-0030.

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Purpose Despite the existence of minimum age laws for juvenile justice jurisdiction in 18 US states, California has no explicit law that protects children (i.e. youth less than 12 years old) from being processed in the juvenile justice system. In the absence of a minimum age law, California lags behind other states and international practice and standards. The paper aims to discuss these issues. Design/methodology/approach In this policy brief, academics across the University of California campuses examine current evidence, theory, and policy related to the minimum age of juvenile justice juri

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Drummond, Michael, Federico Augustovski, Zoltán Kaló, et al. "CHALLENGES FACED IN TRANSFERRING ECONOMIC EVALUATIONS TO MIDDLE INCOME COUNTRIES." International Journal of Technology Assessment in Health Care 31, no. 6 (2015): 442–48. http://dx.doi.org/10.1017/s0266462315000604.

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Background: Decision makers in middle-income countries are using economic evaluations (EEs) in pricing and reimbursement decisions for pharmaceuticals. However, whilst many of these jurisdictions have local submission guidelines and local expertise, the studies themselves often use economic models developed elsewhere and elements of data from countries other than the jurisdiction concerned. The objectives of this study were to describe the current situation and to assess the challenges faced by decision makers in transferring data and analyses from other jurisdictions.Methods: Experienced heal

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SCHOTEL, BAS. "Legal Protection as Competition for Jurisdiction: The Case of Refugee Protection through Law in the Past and at Present." Leiden Journal of International Law 31, no. 1 (2017): 9–32. http://dx.doi.org/10.1017/s0922156517000565.

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AbstractThis article explores the structure of the legal protection of refugees in Europe today. To this end, it will contrast historical arrangements providing protection to refugees, namely church asylum in the late Middle Ages and refuge for religious minorities, with the current European refugee regime, that is the Common European Asylum System (CEAS), in particular the Dublin system. The central claim of this article is that a basic condition for the legal protection of refugees is the existence of multiple jurisdictions, which in turn caters for competition for jurisdiction. The official

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Gammie, Malcolm. "Policy Forum: Much Ado About Doing Not Much: Some Reflections on the Jurisdiction To Tax Business Transactions." Canadian Tax Journal/Revue fiscale canadienne 68, no. 4 (2021): 1069–82. http://dx.doi.org/10.32721/ctj.2020.68.4.pf.gammie.

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Most states aim to tax in one way or another the outputs, products, or profits of business activity conducted within their jurisdiction. The scope to tax is limited, however, when the business is based abroad and trades only with persons in the state in question. A starting point in such situations is to consider whether the state can claim jurisdiction over a foreign business to enforce its claims. The next question is whether the subject matter of the tax charge—the tax base—is amenable to the state's jurisdiction. In this respect, different considerations apply in imposing a consumption tax

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Ordover, Janusz A. "Conflicts of Jurisdiction: Antitrust and Industrial Policy." Law and Contemporary Problems 50, no. 3 (1987): 165. http://dx.doi.org/10.2307/1191668.

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10

de Figueiredo, John M. "Committee jurisdiction, congressional behavior and policy outcomes." Public Choice 154, no. 1-2 (2011): 119–37. http://dx.doi.org/10.1007/s11127-011-9813-z.

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Clark, Antony, David B. Preen, Jonathon Q. Ng, James B. Semmens, and C. D'Arcy J. Holman. "Is Western Australia representative of other Australian States and Territories in terms of key socio-demographic and health economic indicators?" Australian Health Review 34, no. 2 (2010): 210. http://dx.doi.org/10.1071/ah09805.

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Objective.To evaluate the extent to which Western Australian (WA) represents the broader Australian population in terms of key socio-demographic and health economic indicators. Methods.We compared key demographic, social and health economic indicators across all Australian States and Territories from Australian government publications in the census years 1991–2006. Jurisdictional averages (JAs) were calculated as the mean (±s.d.) or median (±range). Observed jurisdiction indicators were compared with the JA and ranked according its representativeness of the JA. Results.WA was among the three c

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Macdonald, Douglas Charles, Asya Bidordinova, and Avet Khachatryan. "Rising Subnational Greenhouse Gas Emissions: A Challenge to Meeting Federal Climate Policy." Canadian Journal of European and Russian Studies 14, no. 2 (2021): 79–101. http://dx.doi.org/10.22215/cjers.v14i2.2770.

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Policy makers in federated countries and the EU seeking to reduce total greenhouse gas emissions face a challenge when emissions are rising in some subnational jurisdictions. The magnitude of that challenge is influenced by the portion of total emissions represented by those jurisdictions, the rate of change in that portion, and the political power of those jurisdictions. This phenomenon is examined by a comparison of the role of rising-emission jurisdictions in the EU and Canada. We define a “rising-emission jurisdiction” as one in which emissions were higher in 2018 than in 1990, regardless

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Praprotnik, Katrin. "Jurisdiction, time, and money." Party Politics 23, no. 6 (2016): 848–59. http://dx.doi.org/10.1177/1354068816642805.

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The present article examines the fulfillment of election pledges. More specifically, it focuses on the effect of resources (jurisdiction, time, and money) on the parties’ abilities to fulfill their promises. Based on the case of Austria (1990–2013), the analyses cover almost 1700 pledges made in the run-up to six national elections. The multivariate models show that resources have an impact on a government’s policy outcome. The chances of pledge fulfillment decrease if the Austrian Länder is involved in the policy-making process. Furthermore, while higher levels of pledge fulfillment are assoc

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Massicotte, Michael G., Alan L. Ross, and Chidinma B. Thompson. "The Changing Legislation and Regulation of Carbon Capture and Storage: Impacts on Purpose, Policy, and Projects." Alberta Law Review 49, no. 2 (2011): 305. http://dx.doi.org/10.29173/alr119.

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The Government of Alberta is implementing carbon capture and storage (CCS) technology in order to reduce carbon dioxide emissions. With the enactment of the Carbon Capture and Storage Statutes Amendment Act, 2010 in November 2010, Alberta became the first jurisdiction in Canada to have comprehensive CCS legislation. This article describes CCS technology, considers the impact of the new legislation and potential interjurisdictional conflicts, and briefly compares the CCS legislation of other jurisdictions with Alberta’s legislation.

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Adams, Jennifer Athay, Alex J. Adams, and Michael E. Klepser. "Pharmacist Prescriptive Authority for Acne: An Evidence-Based Approach to Policy." INNOVATIONS in pharmacy 12, no. 2 (2021): 11. http://dx.doi.org/10.24926/iip.v12i2.3897.

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The diagnosis of acne is typically straightforward and based on physical signs and symptoms. Some jurisdictions in Canada, the United Kingdom, and United States have enabled a pharmacist treatment model to diagnose and manage patients with mild acne using prescription medications. Studies have found the model to be safe and effective, while simultaneously increasing more timely access to care for patients which may reduce the potential adverse impacts of acne. Further, use of a standardized protocol may alleviate some of the concerns expressed over the model. This paper summarize answers to fr

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Kennedy, Anthony. "Approaches to Jurisdiction Clauses in Anglophone African Common Law Countries: Principle and Policy." African Journal of International and Comparative Law 27, no. 3 (2019): 378–99. http://dx.doi.org/10.3366/ajicl.2019.0280.

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When parties based in different countries enter into a contract, they may be well advised to include therein a jurisdiction clause, agreeing that the courts of a particular place will have (exclusive) jurisdiction to determine disputes arising out of that contract. This article analyses the various approaches which courts in Anglophone African common law countries adopt when asked to enforce exclusive jurisdiction clauses. By scrutinising these various approaches, this article hopes to develop further the legal policy informing courts' decisions whether to enforce exclusive jurisdiction clause

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Caruana-Galizia, Paul, and Matthew Caruana-Galizia. "Offshore financial activity and tax policy: evidence from a leaked data set." Journal of Public Policy 36, no. 3 (2016): 457–88. http://dx.doi.org/10.1017/s0143814x16000027.

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AbstractWe assess the European Union’s (EU) most significant international tax policy. The 2005 Tax and Savings Directive obliges cooperating jurisdictions to withhold tax or report on interest income earned by entities whose beneficial owner is an EU resident. As the Directive applies only to beneficial ownership in cooperative jurisdictions, it can be circumvented by transferring ownership to a non-EU resident or company or by transferring the entity to a non-cooperative jurisdiction. Using a database on individual offshore entities leaked from two firms in 2013, we compare the response of E

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Grewal, B. S., and R. L. Mathews. "Locational Surplus and the Redistributive Role of National and Subnational Governments." Environment and Planning C: Government and Policy 4, no. 3 (1986): 317–24. http://dx.doi.org/10.1068/c040317.

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In this paper the implications of locational surplus, defined as the benefits a citizen perceives as accruing to him/her by remaining in his/her present jurisdiction rather than migrating to another jurisdiction, are examined with respect to the traditional view that redistributive policies cannot be carried out effectively by subnational governments. Whether responsibility for redistributive policies should be assigned to national or to subnational governments is shown to depend on the extent to which there are disparities in economic and social conditions among subnational jurisdictions on t

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Budzinski, Oliver. "Lead Jurisdiction Concepts: Prospects and Limits for Rationalizing International Competition Policy Enforcement." Global Economy Journal 18, no. 2 (2017): 20160025. http://dx.doi.org/10.1515/gej-2016-0025.

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Lead jurisdiction models represent one option how to extend and enhance contemporary interagency cooperation among competition policy regimes. They constitute a multilateral, case-related form of cooperation that is suited to effectively create a one-stop-shop for the prosecution of international cartels, the handling of cross-border mergers and acquisitions and the governance of international antitrust cases. Thus, lead jurisdiction models offer considerable economic benefits. However, they also entail several caveats. Three possible working problems and downside effects of lead jurisdiction

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Grattan, Lauren E., Carol L. Schmitt, and Lauren Porter. "Community Program Activities Predict Local Tobacco Policy Adoption in Florida Counties." American Journal of Health Promotion 34, no. 7 (2020): 722–28. http://dx.doi.org/10.1177/0890117120904005.

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The Bureau of Tobacco Free Florida’s community program funds county-level grantees who promote local policy change through activities that educate the public, policy-makers, and decision-makers. There is robust literature linking tobacco control policies such as smoke-free air laws and tax increases to reductions in tobacco use. There is less evidence documenting the local activities programs conduct to achieve local policy change. In the current study, we used a quantitative model to assess the relationship between community tobacco control activities and local tobacco policy adoption. Grante

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Laity, Tania. "Towards an Integrated Species Distribution Modelling Environment." Biodiversity Information Science and Standards 2 (May 17, 2018): e25165. http://dx.doi.org/10.3897/biss.2.25165.

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The Australian Department of the Environment and Energy (DoEE) is working with the Atlas of Living Australia (ALA), Biodiversity Climate Change Virtual Laboratory (BCCVL) together with 2 state environment departments (New South Wales and Queensland) to develop a standard framework for modelling threatened species distributions for use in policy / environmental decision making. In addition, DoEE is working with 7 state and territory environment departments to implement a common assessment method (CAM) for the assessment and listing of nationally threatened species. The method is based on the IU

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Comfort, Louise K., Aya Okada, and Gunes Ertan. "Networks of Action in Catastrophic Events: The 11 March 2011 Tohoku-Oki Disasters." Earthquake Spectra 29, no. 1_suppl (2013): 387–402. http://dx.doi.org/10.1193/1.4000109.

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The 11 March 2011 Tohoku-oki, Japan, earthquake, tsunami, and nuclear reactor disasters shattered existing plans for decision making, preparedness, and response operations under conditions of uncertainty and risk. The interaction among these events created dynamics that could not be addressed by any single organization or jurisdiction alone and that had not been considered in the planning processes undertaken by separate jurisdictions and organizations. The scale and scope of devastation overwhelmed those responsible for protecting communities at every level of jurisdictional decision making a

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Baghaei, Mohammad, Amir Houshang Fathi, and Hoda Jamshidi. "Iran's Criminal Policy towards the International Crimes within the Jurisdiction of the International Criminal Court." International Academic Journal of Humanities 05, no. 01 (2018): 112–23. http://dx.doi.org/10.9756/iajh/v5i1/1810012.

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Rothstein, Mark A., Bartha Maria Knoppers, and Heather L. Harrell. "Comparative Approaches to Biobanks and Privacy." Journal of Law, Medicine & Ethics 44, no. 1 (2016): 161–72. http://dx.doi.org/10.1177/1073110516644207.

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Laws in the 20 jurisdictions studied for this project display many similar approaches to protecting privacy in biobank research. Although few have enacted biobank-specific legislation, many countries address biobanking within other laws. All provide for some oversight mechanisms for biobank research, even though the nature of that oversight varies between jurisdictions. Most have some sort of controlled access system in place for research with biobank specimens. While broad consent models facilitate biobanking, countries without national or federated biobanks have been slow to adopt broad cons

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Murphy, Rose, Aaron Pardy, Morgan Braglewicz, Brett Zuehlke, and Mark Jaccard. "Why is there an implementation gap in community energy planning?" Canadian Planning and Policy / Aménagement et politique au Canada 2021 (June 9, 2021): 11–34. http://dx.doi.org/10.24908/cpp-apc.v2021i2.13956.

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In community energy planning, a persistent disconnect has been observed between the targets and plans announced by local governments and the application of effective policy to reduce energy consumption and greenhouse gas (GHG) emissions. We use two methods to explore this implementation gap. First, we apply energy-economy modelling tools at the urban level to evaluate the effectiveness of various policy options available to local governments. Our case study for these exercises is the leading jurisdiction of Vancouver, British Columbia. Second, we report and analyze the results of a survey we a

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Pritchard, Simon, and Verity Egerton-Doyle. "Stretch target: the long arm of UK merger jurisdiction." Competition Law Journal 19, no. 3 (2020): 101–11. http://dx.doi.org/10.4337/clj.2020.03.01.

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The Enterprise Act 2002 affords the Competition and Markets Authority substantial power to review – and intervene – in mergers it considers may give rise to competition concerns. The CMA's jurisdiction is among the broadest of competition agencies globally, in both the kinds of transactions it can capture, and also in the (limited) nexus it requires to the UK. This article gives an overview of the jurisdictional framework within which the CMA operates, and examines three recent cases: Sabre/Farelogix, Roche/Spark and MasterCard/Nets, each with limited UK nexus, in which the CMA has been partic

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Boucher, Martin. "Governance and decentralized energy transitions: a comparative case study of three medium-sized cities in Sweden, Canada, and the United States." Central European Review of Economics and Management 4, no. 1 (2020): 71–106. http://dx.doi.org/10.29015/cerem.846.

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Aim: This study examines the impact of governance on decentralized energy transitions. Knowledge of how particular jurisdictions and their governance arrangements influence these transitions can help strengthen and contextualize divergent trajectories of decentralized energy transitions and—most importantly—reveal the role of geographical context in policy change. Design: This research gap is addressed in this paper by comparing the uptake of decentralized energy transitions in three cities in three different countries—Luleå (Sweden), Saskatoon (Canada), and Anchorage (United States). The juri

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Staniland, Hilton. "Theory versus policy in the reform of admiralty jurisdiction." International Journal of Private Law 6, no. 4 (2013): 418. http://dx.doi.org/10.1504/ijpl.2013.056817.

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Richard, Brian. "A POLICY-BASED ANALYSIS OF THE IMPACTS OF CASINO GAMBLING." Journal of Gambling Business and Economics 8, no. 1 (2014): 25–40. http://dx.doi.org/10.5750/jgbe.v8i1.613.

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In 2003, as part of a lecture series sponsored by the American Gaming Association, Richard LaBrie and Howard Shaffer issued a ‘concept statement’ titled Toward a Science of Gambling Regulation. They stated, “The set of gambling regulations within a jurisdiction represent that jurisdiction’s strategy for preventing negative consequences….We propose that gambling regulations would be more effective if the regulatory process was science-based” (2003, p. 1). This paper represents a step towards scientifically analyzing variations in existing policies to determine how effective they are in reaching

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Papastavridis, Efthymios. "Enforcement Jurisdiction in the Mediterranean Sea: Illicit Activities and the Rule of Law on the High Seas." International Journal of Marine and Coastal Law 25, no. 4 (2010): 569–99. http://dx.doi.org/10.1163/157180810x527933.

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AbstractThe question of jurisdiction over illicit activities in the Mediterranean Sea is the focus of the present article. It is posited that enhancement of the ordre public and the rule of law in the Mediterranean requires the prior establishment of precise, foreseeable and accessible domestic laws, as well as of the requisite jurisdictional nexus between the forum State and the illicit activity. Accordingly, the issue of legislative and enforcement jurisdiction over such activities, such as the smuggling of migrants, drug trafficking and international terrorism will be canvassed. These activ

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Kawabata, Eiji. "Sanction Power, Jurisdiction, and Economic Policy‐making: Explaining Contemporary Telecommunications Policy in Japan." Governance 14, no. 4 (2001): 399–427. http://dx.doi.org/10.1111/0952-1895.00167.

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Santerre, Rexford E. "Jurisdiction Size and Local Public Health Spending." Health Services Research 44, no. 6 (2009): 2148–66. http://dx.doi.org/10.1111/j.1475-6773.2009.01006.x.

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MÉGRET, FRÉDÉRIC. "“Do Not Do Abroad What You Would Not Do at Home?”: An Exploration of the Rationales for Extraterritorial Criminal Jurisdiction over a State’s Nationals." Canadian Yearbook of international Law/Annuaire canadien de droit international 57 (June 4, 2020): 1–40. http://dx.doi.org/10.1017/cyl.2020.1.

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AbstractCompared to universal jurisdiction, active nationality jurisdiction remains one of the least understood and written about forms of extraterritorial criminal jurisdiction. This article seeks to offer a normative account of the exercise of criminal jurisdiction by states over their nationals for crimes committed abroad such as sexual offences against minors, bribery of foreign public officials, or medical “circumvention” tourism. It highlights all of the reasons that militate against such assertions of jurisdiction as a matter of policy and law. It goes on to argue that the assertion of

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Zakerhossein, Mohammad Hadi. "To Bury a Situation Alive – A Critical Reading of the icc Prosecutor’s Statement on the isis Situation." International Criminal Law Review 16, no. 4 (2016): 613–41. http://dx.doi.org/10.1163/15718123-01604007.

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isis has committed unfathomable atrocities in Syria and Iraq. The icc has been called to take action in order to deal with the impunity protecting isis criminals. Nonetheless, the Prosecutor is not inclined to exercise the Court’s jurisdiction over isis. In 2015, the Prosecutor issued a clarifying statement on the situation of isis in Iraq and Syria. She stated that although the crimes committed by isis fell within the jurisdiction of the Court, it lacked a jurisdictional basis to open the preliminary examination. Nevertheless, it seems that there are some contradictory signs with the Prosecut

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Ryabchenko, A. G. "Legal status of police services, implementing anti-criminal policy of the 17th century muscovite state." Scientific bulletin of the Southern Institute of Management, no. 2 (June 25, 2020): 127–30. http://dx.doi.org/10.31775/2305-3100-2020-2-127-130.

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The article deals with the specifics which for mauthority of the prikazy, voivodes and gubnye institutions in the 17th century Muscovite State interms of anti-criminal activities that consist in maintaining public order and taking part incriminal procedure. The largest works copein relation tocombating crime was done by the Robbery prikaz that ran gubnye izby and set up a gubnoy starosta corps (by means of elections and appointments). Apart from the Robbery prikaz, law-enforcement duties, to a great extent, were also implemented by the Zemskiy and Sysknoy prikaz. Special attention with in this

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Ní Fhloinn, Deirdre. "Liability in negligence for building defects in Ireland, England and Australia." International Journal of Law in the Built Environment 9, no. 3 (2017): 178–92. http://dx.doi.org/10.1108/ijlbe-06-2017-0019.

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Purpose The purpose of this paper is to consider decisions of the courts of three jurisdictions: Ireland; England and Wales; and Australia, in relation to recovery of economic loss in negligence for building defects and to identify the extent to which the legal environment of each jurisdiction has informed the approach of the courts to the issue. Design/methodology/approach The approach taken for this purpose is to review the extent of legislative intervention in each jurisdiction to provide measures of protection for home buyers, and whether that intervention has limited the scope of what may

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MAMOUNEY, LOUISA. "SHIFTING USE OF POLICY INSTRUMENTS FOR ENVIRONMENTAL PROBLEMS: NEW SOUTH WALES, AUSTRALIA, 1979–2010." Journal of Environmental Assessment Policy and Management 16, no. 01 (2014): 1450006. http://dx.doi.org/10.1142/s1464333214500069.

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It is generally accepted that choice and use of environmental policy instruments has changed over recent decades, however this has rarely been investigated empirically. A quantitative analysis of 505 policy instruments to address environmental problems between 1979–2010 in New South Wales, Australia, was undertaken to explore this further, in a jurisdiction reasonably typical of advanced economies. The data do show a shift in the use of instrument types, with the most common type of policy instrument being regulation. However, there was no trend away from regulation as a way of delivering poli

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Landfried, Christine. "The Impact of the German Federal Constitutional Court on Politics and Policy Output." Government and Opposition 20, no. 4 (1985): 522–42. http://dx.doi.org/10.1111/j.1477-7053.1985.tb01102.x.

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THE HISTORICAL EXPERIENCE OF THE SURRENDER OF LEGAL positivism to the prevalence of injustice under the nazi regime and the concern to create a real federation led the founding fathers of the Federal Republic of Germany to create the most powerful Constitutional Court in the world for the control of the formal and material constitutionality of laws.This Court, a supreme constitutional organ like the Bundestag and the Bundesrat, is organized in two chambers, called Senates. The First Senate has jurisdiction over basic rights, the Second Senate decides all questions of political disputes. Though

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Koutrakos, Panos. "JUDICIAL REVIEW IN THE EU'S COMMON FOREIGN AND SECURITY POLICY." International and Comparative Law Quarterly 67, no. 1 (2017): 1–35. http://dx.doi.org/10.1017/s0020589317000380.

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AbstractThe EU's Common Foreign and Security Policy (CFSP) was conceived of as an area ill-suited for full judicial review by the Court of Justice of the European Union. The Lisbon Treaty confers on the Court limited jurisdiction which the recent case law has interpreted in broad terms. This article will place this case law in the broader constitutional setting of the EU legal order and will provide a critical analysis of its implications for both the EU's and domestic courts. The analysis is structured on the basis of three main themes. The first is about the position of CFSP in the EU's cons

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Arafa, Mohamed. "ISLAMIC JURISDICTION: SHARIE‘A COURTS AND THE FUTURE OF PUBLIC POLICY." Revista Direitos Fundamentais & Democracia 25, no. 1 (2020): 6–26. http://dx.doi.org/10.25192/issn.1982-0496.rdfd.v25i11829.

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Recently the issue of the Sharie‘a courts has been drawing the attention of the Western media, especially in Europe, Canada, and the United States. Legal scholars and legal activists are quite reluctant to contribute to the discourse held mostly by reporters, religious figures and politicians. This could be why the matter is covered cursorily resting upon emotional, prejudiced and politically inspired debates and valuations. Moreover, the Sharie‘a court’s jurisdiction is not always obviously specified and fundamentally various issues of these courts get mixed and sometimes led to the conflict

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Molineaux, Connor. "Federal-Provincial Relations and Conservatism in the Canadian West." Federalism-E 17, no. 1 (2016): 61–75. http://dx.doi.org/10.24908/fede.v17i1.13583.

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Regionalism has been a prominent feature of Western Canadian political culture even prior to Alberta and Saskatchewan joining confederation in 1905. One manifestation of this regionalism is through intergovernmental conflict, particularly jurisdictional disputes between the provincial and federal governments. These disputes have generally seen provincial governments of various ideological leanings cooperate, and yet decentralization–or expansion of provincial jurisdiction–is a position that has largely been advanced by conservatives in recent decade.1Is there an ideological connection between

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Perl, Raphael Francis. "Congress, International Narcotics Policy, and the Anti–Drug Abuse Act of 1988." Journal of Interamerican Studies and World Affairs 30, no. 2-3 (1988): 19–52. http://dx.doi.org/10.2307/165978.

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The Congress of The United States exerts greater influence over foreign policy than do its counterparts in other nations. This influence extends to formulation of US policy regarding control of the international narcotics trade, a subject on which the Congress has chosen to assume a leading role. The formal policymaking role of the Congress in this area is embodied in legislation on international narcotics (including appropriation of funds) and in oversight. The Congress also exercises its influence in an informal way through consultation, unofficial advice, public education, and legislative p

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Wahyudin, M. Asri. "Embodiments of the Sovereignty of the Republic of Indonesia under the Immigration Control." Substantive Justice International Journal of Law 1, no. 1 (2018): 9. http://dx.doi.org/10.33096/substantivejustice.v1i1.11.

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The nature of immigration control over the misappropriation of visas and residence permits in Indonesia in the framework of the operationalization of a selective policy of immigration law so that foreigners residing in Indonesia have limitations both in terms of their immigration clearance and their activities. The essence of oversight in order to uphold the sovereignty of the Republic of Indonesia as a jurisdiction, namely: jurisdiction to prescribe, jurisdiction to adjudicate and jurisdiction to enforce. Basically the main objective of foreign control is to protect the people and the soverei

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Ladouceur, Robert, Howard Shaffer, Paige Shaffer, and Lucie Baillargeon. "A warning about measurement and methodological issues associated with coronavirus tracking and evaluation across jurisdictions." Canada Communicable Disease Report 47, no. 7/8 (2021): 297–99. http://dx.doi.org/10.14745/ccdr.v47i78a01.

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As people around the world experience a devastating pandemic, it is critical that policy-makers consider the methodological and measurement issues that might be associated with coronavirus disease 2019 (COVID-19) public health indicators. This commentary uses four primary variables to illustrate measurement and methodological issues that can complicate comparisons between jurisdictions. Jurisdiction refers to a variety of geographic areas, such as a country, a state, or a province/territory. These variables play a critical role in determining how we understand the trajectory of disease spread.

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Watson, Kaitlyn E., Judith A. Singleton, Vivienne Tippett, and Lisa M. Nissen. "Do disasters predict international pharmacy legislation?" Australian Health Review 44, no. 3 (2020): 392. http://dx.doi.org/10.1071/ah19093.

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ObjectiveThe aim of this study was to explore whether a relationship exists between the number of disasters a jurisdiction has experienced and the presence of disaster-specific pharmacy legislation. MethodsPharmacy legislation specific to disasters was reviewed for five countries: Australia, Canada, UK, US and New Zealand. A binary logistic regression test using a generalised estimating equation was used to examine the association between the number of disasters experienced by a state, province, territory or country and whether they had disaster-specific pharmacy legislation. ResultsThree of s

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Warner, Robin. "Jurisdictional Issues for Navies Involved in Enforcing Multilateral Regimes Beyond National Jurisdiction." International Journal of Marine and Coastal Law 14, no. 3 (1999): 321–32. http://dx.doi.org/10.1163/157180899x00165.

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AbstractThe traditional freedoms of the high seas, set out in Article 87 of the 1982 United Nations Law of the Sea Convention, are now overlaid with a network of conventional international law provisions which seek to regulate a wide range of criminal activity, the taking of resources and environmental despoliation occurring on the high seas. Many of these regimes impose enforcement obligations on states parties but contain scant detail as to the practical mechanisms for enforcement. The high seas as an arena for maritime law enforcement presents new challenges for navies charged with implemen

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Taylor, Linda A., and David M. Wood. "Equitable Jurisdiction of the Provincial Court of Alberta (Civil Division)." Alberta Law Review 35, no. 3 (1997): 592. http://dx.doi.org/10.29173/alr1051.

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This article is concerned with the issue of whether the Provincial Court of Alberta (Civil Division) possesses any equitable jurisdiction. The authors first provide a history of equity and its fusion with law, and the impact of that fusion in Canada. The authors then examine the jurisdiction of the Provincial Court of Alberta (Civil Division) and conclude that, as an inferior statutory court, it can have no inherent substantive jurisdiction, only an inherent procedural jurisdiction. However, the Legislature can enlarge the Court's jurisdiction by statute (although the authors point out that th

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Sage, Bénédicte. "Precautionary Coastal States’ Jurisdiction." Ocean Development & International Law 37, no. 3-4 (2006): 359–87. http://dx.doi.org/10.1080/00908320600801059.

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Dwyer, Judith, Mark Rankin, Margie Ripper, and Monica Cations. "Is there still a need for abortion-specific laws? The capacity of the health framework to regulate abortion care." Alternative Law Journal 46, no. 2 (2021): 141–48. http://dx.doi.org/10.1177/1037969x20986636.

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After prolonged periods of criminalisation, 20th and 21st century law reform has now moved abortion care closer to being regulated as health care in all Australian jurisdictions. However, no jurisdiction has yet tested the proposition that specific laws for abortion care are unnecessary. This article analyses the capability of health law, policy and ethics to regulate abortion comprehensively, without the need for either stand-alone laws or special provisions within health law. We examined this question in the South Australian context and concluded that the health framework provides the basis

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Reitz, Kevin R., and Edward E. Rhine. "Parole Release and Supervision: Critical Drivers of American Prison Policy." Annual Review of Criminology 3, no. 1 (2020): 281–98. http://dx.doi.org/10.1146/annurev-criminol-011419-041416.

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Decisions tied to parole release, supervision, and revocation are major determinants of the ebb and flow of prison populations across two-thirds of US states. We argue that parole release, as an institution, has been an underacknowledged force in American incarceration and reincarceration policy and an important contributor to the nation's buildup to mass incarceration. In paroling states, no court or state agency holds greater power than parole boards over time actually served by the majority of offenders sent to prison. We examine the leverage exercised by parole boards through their discret

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