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1
Sanders, James A. "Scripture and Ideology". Biblical Theology Bulletin: Journal of Bible and Culture 51, nr 1 (27.01.2021): 33–46. http://dx.doi.org/10.1177/0146107920980933.
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Various movements through history have appealed to Scripture for authority. These have been called supersessionist, messianist, and/or zionist, but they continue to appeal to Scripture even after they attain power and thus repress others. Power corrupts, and when this happened in ancient Israel Prophets arose to critique and denounce it. In addition Scripture as canon, both Jewish and Christian, included Wisdom thinking, making it a thoroughly dialogical compendium that questioned abuse of power. The teachings of Jesus are themselves largely prophetic critique of abuses of power. Beyond Scripture prophetic critique can be effected by empathy for the position of “the other” and loving the enemy, thus engaging in the monotheizing process by refusing to demonize those who differ but learning from them.
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Baud, Charles. "Ordres et conflits de juridictions. L’appel comme d’abus: levier processuel, objet politique". Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 109, nr 1 (1.06.2023): 238–49. http://dx.doi.org/10.1515/zrgk-2023-0009.
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Abstract Orders and conflicts of jurisdictions. The procedure of appeal against an abuse of ecclesiastical power, processual lever, political object. The procedure of appeal as abuse was profoundly reformed by King François I, in the great ordinance signed at Villers-Cotterêts in August 1539. The concept underlying this reform set it up as a political lever in the fight against ecclesiastical jurisdictions, in a Gallican perspective. From the 16th to the 18th century, jurists thus turned a simple procedure into a real political tool in the service of their ideas.
3
Wells, Celia. "Battered woman syndrome and defences to homicide: where now?" Legal Studies 14, nr 2 (lipiec 1994): 266–76. http://dx.doi.org/10.1111/j.1748-121x.1994.tb00502.x.
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For many women, the abuse of power in the form of physical and emotional battering by their so-called ‘partners’ is a fact of life. Individual women feel the pain, the humiliation, the fear and the anger. But the debate about how legally we should respond to a woman who finally kills her abuser is significant beyond the individual. Whatever the predicament of women such as Sara Thornton, or Kiranjit Ahluwalia, sentenced to life imprisonment and forced to scale seemingly impossible obstacles in the appeal process, the exponential rise in literature on this subject is quite disproportionate to the number and increase (if any) in such cases. The real significance of the ‘self-defence for battered women’ movement lies less in these concrete examples and more in its metaphorical role as witness to the social reality of the abuse of women.
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Cheong, Saeon. "A Study on the Profit of Claims on Teacher Appeal". National Public Law Review 19, nr 4 (30.11.2023): 167–93. http://dx.doi.org/10.46751/nplak.2023.19.4.167.
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Under the Teacher Status Act, the teacher appeal review system is a special legal system that can function very importantly as a pre-trial remedy for teachers' educational activities and illegal infringement of rights and interests. In order for the Faculty Appeal Review Committee to fulfill its legal and institutional functions, it is natural that teachers must have high reliability and utilization of the system. However, if teachers are not aware of the necessity of such a system, and they become distrustful, there will be no purpose for the system to exist. Therefore, in order to enhance the necessity and function of the teacher appeal review system, the general reason for existence of the system, the benefits of claims in administrative trials, administrative litigation, and constitutional complaints were reviewed, and the hearing, scope, and deliberation laws of the teacher appeal review committee were briefly reviewed. In particular, the expansion of the subjectivity of the teacher appeal is very consistent with the purpose of the existence of the teacher appeal system, the protection of teachers' educational activities, and the protection of teaching rights. Next, the Teachers' Appeal Review Committee plans to expand the scope of the claimed profits. Given that the disposition, which is the subject of administrative disputes, is expanding to general dispositions and that the subject is gradually expanding, it is necessary to expand the eligibility of claimants and claim profits to aspects of economic interests, not just power alone and power factual actions. The third is the expansion of the legal principles for hearing. In other words, it is a plan to expand the legal principles for reviewing discretionary power at the Faculty Appeal Review Committee. If the scope of the recognition of discretion is expanded beyond the logic of simple discretionary rights and the law on the deviation and abuse of discretionary power can be applied, the purpose of the existence of the teacher appeal review system can be greatly improved. In other words, I think that it will be a very useful and convenient relief system for teachers even if the target of teacher appeal is expanded.
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Kišiček, Gabrijela. "Emotional Arguments in Political Rhetoric". Društvene i humanističke studije (Online) 9, nr 2(26) (31.12.2024): 441–56. https://doi.org/10.51558/2490-3647.2024.9.2.441.
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This paper deals with emotional arguments which are frequently used as a tool for manipulation, especially in political rhetoric. It is believed that every conflict and every violent act is preceded by a specific type of rhetoric contributing to hatefulness and intolerance. This paper will discuss different arguments (i.e. appeal to emotions) which can influence the spread of hate speech, verbal abuse and, in some extreme cases, even physical conflict and violence. Political figures frequently use such arguments to manipulate the audience and consequently preserve or gain political power for themselves. Arguments such as appeal to fear (argumentum ad metum), appeal to anger (argumentum ad iram), appeal to indignation (argumentum ad indignationem) and appeal to threat (argumentum ad baculum) will be discussed and analyzed in the examples of political rhetoric. By recognizing emotional arguments used as manipulation and differentiating emotions as legitimate arguments, the audience might reveal manipulators, unmask manipulation and hopefully, in some instances, prevent violence and intolerance in society.
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Elleuch, Fadoua. "The material standard in the jurisprudence of the Administrative Court in Tunisia". International Journal of Law Research and Studies 4, nr 3 (6.03.2025): 8–32. https://doi.org/10.59992/ijlrs.2025.v4n3p1.
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The establishment of the material standard in the appeal for abuse of power has witnessed development at the legislative level. In the original text of the law of June 1, 1972 relating to the Administrative Court, the legislator adopted an organic standard to determine the jurisdiction of judge abuse power. However, the Administrative Court did not adhere to the organic standard and adopted a material standard to determine its jurisdiction. The 1996 revision aligned itself with the judicial jurisprudence of the Administrative Court and established a material standard for determining jurisdiction in the appeal for abuse of power. At the same time, Law No. 38 of 1996, dated June 3, 1996, assigned jurisdictional blocks to both the judicial judge and the administrative judge. The activation of the material standard has clearly appeared in disputes of public establishments, decisions related to the organization of the legislative authority, the organization of the judicial authority and decisions issued by bodies not specified by law. Regarding full litigation, both the Administrative Court and the Conflict of Jurisdiction Council prevailed over the material standard in public establishment disputes, and the judge did not abide by the bloc of jurisdiction that the legislator assigned to the judicial judge, whether with regard to the relationship between public establishments and their clients or with regard to disputes that arise between them and others. In addition, the Administrative Court prevailed over the material standard in lawsuits related to real estate, whether those related to seizure or those related to private property of the administration. The study reached results, the most important of which is the lack of consistency and harmony between the requirements of the law of June 1, 1972, as amended, and Law No. 38 of 1996 with regard to standards of jurisdiction and abandoning the technique of blocks of jurisdiction.
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Grey, Jacqueline. "A Prophetic Call to Repentance". PNEUMA 41, nr 1 (13.06.2019): 9–25. http://dx.doi.org/10.1163/15700747-04101032.
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Abstract There has been much debate in biblical scholarship over the alleged “rape” of Bathsheba by David as described in 2 Samuel 11–12. Scholars such as Bailey and Nichol claim that Bathsheba was a consenting partner, while others, including Davidson and Brueggemann, suggest she was a victim of David’s abuse of power. This analysis will explore 2 Samuel 11–12 with a special focus on the themes of power, honor, and shame that emerge in the pericope. These themes are also central to the overall narrative of Samuel. Using literary analysis, I highlight Bathsheba’s isolation and powerlessness as she is “taken” to King David by royal attendants after he has spied her bathing. Bathsheba’s lack of resistance is often compared to the rape of Tamar, which subsequently occurs in the vicinity of the palace in 2 Samuel 13. While Tamar objects to Amnon’s sexual advances in the narrative, Bathsheba does not voice an objection. It is primarily on the basis of her silence that scholars suggest she was a consensual partner. However, there are many differences between Tamar and Bathsheba. Tamar was a daughter of the king and could appeal to relatives in the palace to rescue her from rape. Bathsheba was alone with no one to rescue her. Her silence should not suggest complicity. This is reinforced by the prophetic condemnation by Nathan delivered to King David regarding his abuse of power. While not initially directly accusing the king, the prophet presents a judicial parable to trap the king into condemning himself. Yet, if King David is not corrupted by his power, why does the prophet Nathan need to use a rhetorical strategy to confront him? Convicted and guilty, David repents. The repentance for abuses of power and sexual sin by national leaders is emphasized and modeled by King David. This also provides a model of repentance for the pentecostal community for comparable abuses against victims of power and sexual sin.
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Kachalova, Oksana V., i Sergey A. Vdovin. "Ensuring the right to protection at the stage of appeal proceedings in criminal case: problems of theory and practice". Juridical Analytical Journal 15, nr 2 (12.07.2021): 7–16. http://dx.doi.org/10.18287/1810-4088-2020-15-2-7-16.
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Introduction. The right of the accused to a defense in criminal proceedings is a prerequisite for the effective administration of justice, since it minimizes possible errors in the final decision in a case, which may result in the conviction of innocent persons, which contradicts the purpose of criminal proceedings and undermines citizens confidence in the judicial system.
The purpose of the article is to identify systemic problems that impede the effective implementation of the right to defense at the stage of appeal, as well as to suggest ways to resolve them.
Main results. The authors come to the conclusion that the structural and logical elements of ensuring the right of the accused to a defense at the stage of appeal proceedings in a criminal case are: subjects defending the accused; duties of a defense lawyer to exercise the right of the accused to defense at the stage of appeal proceedings in the case; subjects who, in accordance with the requirements of the criminal procedure law, are obliged to ensure the right of the accused to defense; the duties of the courts of first and appellate instances imposed on them by the criminal procedure law, corresponding to the rights of the accused, his defense lawyer and legal representative and forming in their totality a system of interim measures necessary for the realization of the accuseds right to defense; the powers of the accused, his defense counsel and legal representative, through which the constitutional right to defense is exercised; guarantees of the accuseds right to defense. The only ground for limiting the right to defense is abuse of the right by the defense. The fact of abuse of the right can only be established by the court, the abuse of the right cannot be evidenced exclusively by the external expression of the actions of participants in the process. The question of the presence or absence of abuse of the right to defense should be decided by the court on the basis of the totality of factual circumstances and procedural features of each individual situation. The system of powers that make up the content of the defendants right to defense at the stage of appeal proceedings in the case consists of two interrelated elements, including powers exercised at the stage of filing an appeal and before the start of the court session of the court of appeal, as well as the powers that the defense side has directly in consideration of a criminal case in a court session of the court of appeal.
Conclusion. Thus, the effective provision of the right to defense at the stage of appeal proceedings requires a change in approaches on the part of legislator and law enforcement officers.
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Helmi, Helmi, i Iskandar Iskandar. "The Authority of Internal Auditor to Prevent Corruption Committed by Civil Servants and Government Official". Jambe Law Journal 2, nr 2 (28.01.2020): 139–62. http://dx.doi.org/10.22437/jlj.2.2.139-162.
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Internal audit is significant to guarantee and ensure the enforcement of laws and regulations as well as to prevent power abuse by civil servants or government officials that may cause financial loss for the country. The purpose of this study is to provide an overview of the authority of internal audit, to describe how this authority is regulated, to depict the authority to prevent power abuse, and to illustrate the protection over and enforcement of administrative law on allegation of power abuse. This study is a normative juridical study analyzing primary and secondary legal material relevant to the subject under study. The result of the study reveals that the authority of internal audit has been set in various legal products. The operating procedures for legal protection over allegation of arbitrary behavior against civil servants or government officials are filing an objection or an appeal against the discovery of the internal audit. If the case is not a subject of investigation of law enforcement officers the accused may contest the finding to Administrative Court and request the judge to review the finding. If the accused is proven to be guilty of abusing power that causes financial loss for the state and, thus, be sentenced for the alleged conduct (inkracht), he or she shall be immediately dismissed from his/her position. The regulation posits that officer who ignores the verdict and continues to keep the defendant on his/her position shall be penalized.
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Fatima, Sayyeda. "Role of Appellate Forums in Competition Cases of Pakistan: Challenges and Way Forward". World Competition 46, Issue 3 (1.08.2023): 353–76. http://dx.doi.org/10.54648/woco2023018.
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Judicial forums are the means to achieve the most pivotal goal of maintaining check and balance according to the theory of separation of powers. The judiciary has the power to supervise the legislative and executive branches of the government. The judgments by the courts/appellate forums are vital as they prevent attempts by the competition authorities to abuse their powers when prosecuting wrongdoers and force the competition authorities to conduct more rigorous investigations to prevent legal challenges. In Pakistan certain challenges need to be addressed in order to strengthen the implementation of competition law. There is a need to establish a jurisprudence of competition law. The judgments of courts/appellate forums can set useful precedents. However, the dysfunctional status of the appeal court since the establishment of the Competition Commission of Pakistan (CCP), judges’ lack of experience in the area of competition law and certain other aspects need to be focused on in order to firm up competition law in Pakistan. This article intends to review the different forums of appeal available in Pakistan competition regime, eligibility criteria for filing an appeal, procedures of appellate forums, rules governing the procedure and powers of appellate forums. It aims to discuss the importance of judicial protection, the enforcement challenges of Pakistan competition jurisdiction and the suggestions for improvement.
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Katz, Meir. "Towards a New Moral Paradigm in Health Care Delivery: Accounting for Individuals". American Journal of Law & Medicine 36, nr 1 (marzec 2010): 78–135. http://dx.doi.org/10.1177/009885881003600102.
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For years, commentators have debated how to most appropriately allocate scarce medical resources over large populations. In this paper, I abstract the major rationing schema into three general approaches: rationing by price, quantity, and prioritization. Each has both normative appeal and considerable weakness. After exploring them, I present what some commentators have termed the “moral paradigm” as an alternative to broader philosophies designed to encapsulate the universe of options available to allocators (often termed the market, professional, and political paradigms). While not itself an abstraction of any specific viable rationing scheme, it provides a strong basis for the development of a new scheme that offers considerable moral and political appeal often absent from traditionally employed rationing schema.As I explain, the moral paradigm, in its strong, absolute, and uncompromising version, is economically untenable. This paper articulates a modified version of the moral paradigm that is pluralist in nature rather than absolute. It appeals to the moral, emotional, and irrational sensibilities of each individual person. The moral paradigm, so articulated, can complement any health care delivery system that policy-makers adopt. It functions by granting individuals the ability to appeal to an administrative adjudicatory board designated for this purpose. The adjudicatory board would have the expertise and power to act in response to the complaints of individual aggrieved patients, including those complaints that stem from the moral, religious, ethical, emotional, irrational, or other subjective positions of the patient, and would have plenary power to affirm the denial of access to medical care or to mandate the provision of such care. The board must be designed to facilitate its intended function while creating structural limitations on abuse of power and other excess. I make some specific suggestions on matters of structure and function in the hope of demonstrating both that this adjudicatory model can function and that it can do so immediately, regardless of the underlying health care delivery system or its theoretical underpinnings.
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Kumar, Shailesh. "Client Empowerment in Psychiatry and the Professional Abuse of Clients: Where Do We Stand?" International Journal of Psychiatry in Medicine 30, nr 1 (marzec 2000): 61–70. http://dx.doi.org/10.2190/ac9n-ytle-b639-m3p4.
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Objective: There is a considerable imbalance of power in psychiatry that sits in favor of professionals. The abuse and discrimination of the mentally ill are not just restricted to the mental health system but may also exist in the primary care sector. This article aims to evaluate the effects of power imbalance on discrimination and abuse of people with mental illness by professionals. Methods: A literature search was carried out on MEDLINE using the key words consumerism, client empowerment, abuse, and mental illness. Publications of two leading British consumer organizations: MIND and the Sainsbury Centre for Mental Health were hand searched. Relevant cross-references from the papers reviewed were consulted. Studies with information on the reasons for power imbalance and prevalence of discrimination and abuse of clients were critically reviewed. Explanations are offered as to why abuse and discrimination of clients by professionals may still occur despite the onset of the client empowerment movement. Results and Discussion: The available evidence suggests that reasons for abuse of mental health clients fall under two broad categories: 1) direction from the imbalance of power and 2) those pertinent to the nature of physical or sexual abuse. Different grades of client empowerment and ways of strengthening it are described. Conclusions: There appears to be a link between power imbalance and abuse of clients with mental illness by professionals in all health care sectors. Client empowerment may help rectify the power imbalance. Prospective studies are required to establish whether client empowerment can reduce discrimination and abuse of clients and whether abuse is a consequence of power imbalance. Recommendations for future studies are made.
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Iliopol, I. M. "REFORMING CIVIL PROCEDURAL LEGISLATION AND ITS IMPACT ON THE DEVELOPMENT OF LEGAL RELATIONS IN APPEAL PROCEEDINGS". Actual problems of native jurisprudence 1, nr 1 (3.03.2021): 42–45. http://dx.doi.org/10.15421/392109.
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The sociological aspect of relevance lies in highlighting the mechanism of the application of law by the courts of appeal, because the decisions and definitions of the courts of appeal are the subject of research by a wide range of subjects, from students of certain legal specialties to the highest bodies of state judicial power, in particular – the Supreme Court. Since an appeal is now a constitutional guarantee, and a narrowing of human rights is not allowed, an examination of the appeal mechanism is necessary to predict future consequences. The practical aspect of the relevance of the study consists in the analysis of quantitative and qualitative indicators of appeal proceedings, coverage of real data that reflect past trends and make it possible to predict the future situation. The general requirements inherent in all instances are put forward for the appeal consideration. We are talking about the requirements for the qualifications and appointment of judges, in accordance with the provisions of the Law of Ukraine “On the Judicial System and the Status of Judges”; independence and immunity of judges at any stage; requirements for evidence, the order of their examination and review; requirements for the legal personality of the parties, because the court protects the violated, contested and unrecognized rights, freedoms and interests of persons and the interests of the state, thus no one can file, including an appeal, if the decision of the court of first instance does not affect his rights, freedoms and interests. So, exploring this topic, it is necessary to perform such tasks as: to consider the right to an appeal review of the case through the prism of the guarantee of the constitutional human right to judicial protection and to reveal the concept of appeal proceedings; to reveal the essence of abuse of rights at the stage of appeal proceedings; consider the procedure and conditions for the opening of the appeal proceedings; describe the possibility of renewing the deadlines for appeal, the violation of which is due to restrictions imposed in connection with the quarantine established in order to prevent the spread of coronavirus disease (COVID-19); analyze the procedural procedure for the consideration of cases by the court of appeal in the context of the updated civil procedural legislation and characterize the powers of the court of appeal.
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Rogers, Penny. "Issues in Working with Sexually Abused Clients in Music Therapy". Journal of British Music Therapy 6, nr 2 (grudzień 1992): 5–15. http://dx.doi.org/10.1177/135945759200600202.
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This paper discusses some of the issues that arise when working with sexually abused clients. It highlights a number of factors that appear to be common to this client group's manipulation of the medium of music therapy; the symbolic use of the instruments; the preoccupations with mess and containers; the use of boundaries; and the power of the secret. Material from a number of case studies (both adults and children) is used to illuminate many of the points made. Many of the issues discussed are pertinent to a wider range of client groups — particularly those prone to eating disorders and substance abuse. It does not refer to the wealth of literature regarding work with abused clients with learning difficulties.
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Khan, Munejah. "The Discourse of Power/The Power of Discourse". Proverbium 40 (16.07.2023): 89–109. http://dx.doi.org/10.29162/pv.40.1.352.
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The Valley of Kashmir has a rich Folklore and folk literature is an integral part of Kashmiri Culture. Folkloristics maintains that the message conveyed through folklore may appear simple but it is intertwined with complexities. This paper attempts to study the folklore of Kashmir through an analysis of Kashmiri proverbs to uncover the simple/complex message transmitted through proverbs. The endeavour is to highlight how folklore is informed by Power relations and how the conception of Power interlaces the content, milieu and purpose of folklore. Michel Foucault traces the role of discourse underlying seemingly neutral context of speech, representation and knowledge. Along with Foucault’s concept of discourse, insights from feminist theory have also been employed to expose the discourse of patriarchy, religion and authority in Kashmiri folk literature. The study investigates the power structure inherent in the proverbs of Kashmir and attempts to unravel how discourse constructs unequal power relations. The attempt is to illustrate how power abuse is enacted, reproduced and legitimized.
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Борков, В. Н. "Differentiation of official power abuse and abuse of rank in the light of the forms of state function implementation by officers". Vedomosti (Knowledge) of the Penal System, nr 5(252) (6.06.2023): 4–13. http://dx.doi.org/10.51522/2307-0382-2023-252-5-4-13.
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В основании понимания государственного управления и подходов к его охране лежит представление о функциях государства и формах их осуществления. В статье показано значение теории функций государства для решения сложных вопросов квалификации должностных преступлений. Установлена связь между абстрактной категорией функции государства, консолидированно выражающей направления и фомы деятельности государственных органов, и действиями отдельных должностных лиц. Общее содержание функций государства выражается в единичных поведенческих актах его представителей, преступления которых имеют дисфункциональный для публичного управления характер. Содержание уголовно-правовых норм, предусматривающих ответственность за совершение должностных преступлений, а также критерии их разграничения должны обусловливаться формами реализации государственных функций. С учетом теоретико-правовых идей о формах осуществления государственных функций следует решать сложную проблему разграничения злоупотребления должностными полномочиями (статья 285 УК РФ) и их превышения (статья 286 УК РФ). Методологической основой исследования послужил диалектический метод познания государственно-правовых явлений, использовались такие общенаучные методы, как анализ, синтез, индукция, дедукция. Обращение к теории функций государства дало возможность решать вопросы разграничения общих видов должностных преступлений с учетом форм осуществления государственных функций. Показано, что злоупотребление должностными полномочиями выражается в необоснованном и общественно опасном осуществлении государственных функций в правовой форме, а превышение должностных полномочий совершается в ходе реализации государственных функций в неправовой (организационной) форме. The understanding of public administration and approaches to its protection is based on the idea of the functions of the state and the forms of their implementation. The article shows the importance of the theory of state functions for solving complex issues of qualification of malfeasance. The authors define the connection between the abstract category of the state function, which expresses in a consolidated way the directions and forms of activity of state bodies, and the actions of individual officials. The general content of the functions of the state is expressed in individual behavioral acts of its representatives, whose crimes are dysfunctional for public administration. The content of criminal law norms providing for responsibility for the commission of crimes in office, as well as the criteria for their differentiation, should be determined by the forms of implementation of state functions. Taking into account the theoretical and legal ideas about the forms of implementation of state functions, it is necessary to solve the complex problem of distinguishing between the abuse of official powers (Article 285 of the Criminal Code of the Russian Federation) and their excess (Article 286 of the Criminal Code of the Russian Federation). The methodological basis of the study was the dialectical method of cognition of statelegal phenomena, such general scientific methods as analysis, synthesis, induction, deduction were used. Appeal to the theory of the functions of the state made it possible to resolve issues of delimitation of common types of malfeasance, taking into account the forms of implementation of state functions. It is shown that the abuse of official powers is expressed in the unreasonable and socially dangerous implementation of state functions in a legal form, and abuse of rank is committed in the course of the implementation of state functions in a non-legal (organizational) form.
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Neilson, Linda. "Spousal Abuse, Children and the Courts: The Case For Social Rather Than Legal Change". Canadian journal of law and society 12, nr 1 (1997): 101–45. http://dx.doi.org/10.1017/s0829320100005226.
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AbstractThis article explores arguments for and against proposals for statutory changes that would require Canadian judges to consider partner or “spousal” abuse when making decisions about child custody and access, in terms of the likely implications for women. The author discusses, in historic context, the relationships of social change to the evolution of social ideology and professional “knowledge” about gender and family and the influences of these on the evolution of family law, in order to demonstrate that legal changes alone are unlikely to produce positive benefits for abused women and their children. Moreover, an analysis of the legal discourse of judges as reported in the Canadian Reports on Family Law between 1983 and 1996 suggests the need for caution. Instead of judicial sensitivity to the special vulnerabilities of women in abusive situations, the case law indicates that judges are applying an “objective” incidents-based approach to assessments of abuse. Because this approach ignores the special vulnerabilities of women and makes it appear that abuse is symmetrical by gender, women may be disadvantaged if judges are required to deny or limit abuser's access to, or custody of, their children. The author concludes that, if what is intended is the protection of abused women and children, the solution lies less in giving more power to judges than in promoting social change through collective action, the evolution of professional “knowledge” that ultimately will find reflection in law, and the allocation of tangible resources for the benefit of abused women and their children.
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Sikorskaya, N. I. "FEATURES OF THE APPOINTMENT OF JUDICIAL EXPERTISE IN THE COURT OF APPEAL". Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), nr 2 (2020): 170–80. http://dx.doi.org/10.37279/2413-1733-2020-6-2-170-180.
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The article describes the features of the appointment of judicial expertise in the court of appeal. The author conducts a theoretical and legal analysis of the regulation of the institution of appointment of expertise in modern Russian conditions. The author analyzes the current judicial practice in the field under study and notes that in practice, the appellate courts evaluate the applicants ‘ arguments about the appointment of expertise as additional evidence at this stage of the arbitration process in different ways. The author has separately considered the position of the higher courts (the economic Board of the Supreme court of the Russian Federation, the constitutional court of the Russian Federation) on the appointment of judicial expertise. The author concludes that in order to ensure the stability of judicial acts of the courts of first instance and minimize the exercise by the appellate instance of its powers to accept additional evidence, in order to comply with its own competence by commercial courts of different instances, as well as to prevent abuse of procedural rights by persons involved in the case, it is advisable for the courts to pay attention to the need for timely and correct appointment of expertise to clarify issues, requiring special knowledge and uniform application of legal norms by arbitration courts.
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Hahn, Judith. "Sex Offenses—Offensive Sex: Some Observations on the Recent Reform of Ecclesiastical Penal Law". Religions 13, nr 4 (7.04.2022): 332. http://dx.doi.org/10.3390/rel13040332.
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In recent years, the sexual abuse of minors and vulnerable adults in the Catholic Church has received much attention. This is also true of the related changes to ecclesiastical legislation. Less attention, however, has been paid to other aspects of the reform. The revised penal law of the Code of Canon Law, in any case, demands closer study from the point of critical legal studies. It is striking that while the reform focused on improving the legal protection of minors, it also had rather detrimental effects on the legal standing of women in the church. Reading the revised law, it appears that the reform missed the chance to improve the legal situation of the mostly female adult victims of clerical sex offenses and abuses of power. It rather spotlighted “female” offenses such as abortion in contrast to typical “male” offenses such as homicide, and it moreover criminalized women who attempt ordination. Thus, the regulations of the reformed penal law not only generally leave the systemic causes of abuse untouched, but also establish norms which reinvent or even exacerbate abusive structures. The latter finally sustain clericalism and reinstitutionalize gender inequality, commonly identified as factors fostering abuse.
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Brown, Joel H., Marianne D’Emidio-Caston i John A. Pollard. "Students and Substances: Social Power in Drug Education". Educational Evaluation and Policy Analysis 19, nr 1 (marzec 1997): 65–82. http://dx.doi.org/10.3102/01623737019001065.
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A statewide evaluation of a school-based substance use and drug education program called California Drug, Alcohol, and Tobacco Education (DATE) was conducted from 1991 to 1994 for the State Department of Education. Researchers used multiple methods to evaluate DATE programs such as Drug Abuse Resistance Education (DARE) and Red Ribbon Weeks. Analysis of 143 field interviews with educators and administrators, and 40 student focus groups (grades 5–12) revealed that educators attempted to prevent student substance use by providing a “no-substance-use” message through high fear appeal; offering rewards; and attempting to improve students’ self-esteem by teaching refusal skills. Student interviews indicate program dissatisfaction and service-related cognitive dissonance. Random survey results (5,045 students in grades 7–12) showed that over 40% of California’s students were “not at all” influenced by educators or drug education programs, 15% were influenced “a lot” or “completely,” and nearly 70% described a neutral to negative affect toward educators. Regression analyses showed that survey responses did not depend on self-reported substance use, nor the number of drug programs received (among other factors). This large-scale, multi-modal evidence suggests that drug, alcohol, and tobacco education programs had no positive influence on a majority of students’ substance-use decisions, and had other effects counter to those intended. This was especially true during the period when youth are faced with substance-use decisions, grades 7–12. Given the similarity of many U.S. drug education programs, student rejection of DATE programs is significant. Results and the need for a conceptual shift in how students are viewed and educated about substances are discussed.
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Seyahooei, Fatemeh Ameri, i Mohammad Kazem Emadzadeh. "Investigating the Nature and the Structure and Functions of the Legislature in Iran". Journal of Politics and Law 9, nr 8 (29.09.2016): 119. http://dx.doi.org/10.5539/jpl.v9n8p119.
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Parliament is the basic pillar of a democratic society and as the most important legislative body in the country; it is considered the heart of democracy. Today, democracy will appear in the form of parliamentary and representation. The Iranian parliament, with 290 representatives, in terms of structure, has a unicameral system, but its legislative power is not simple. As a result, the legislature also enjoys wide powers and can withstand the abuse of executive power. The present study aims to investigate the nature and the structure and functions of the legislature in Iran. It should be noted that the method of data collection is observed and the nature of the study is descriptive.
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Maican, Ovidiu-Horia. "The legal regime of competition in India". Proceedings of the International Conference on Business Excellence 15, nr 1 (1.12.2021): 952–62. http://dx.doi.org/10.2478/picbe-2021-0089.
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Abstract The study of the competition legislation in India has as justification the fact that the indian economy has one of the biggest growth rates in the world, India being the biggest democracy in the world. At the beginning, India had its own competition law, called the Monopolies and Restrictive Trade Practices Act 1969 (MRTP Act). After the initiation of economic liberalization in 1991, it became imperative to put in place a competition law regime that was more responsive to the economic realities of the nation and in accordance with international practices. In 2002, the Indian Parliament voted for a new law, Competition Act, to regulate business practices in India. The Competition Act has as its goal to regulate three types of conduct (anti-competitive agreements, abuse of a dominant position and combinations). The Competition Act was amended by the Competition (Amendment) Act in 2007 and 2009. The Competition Act has also created a new enforcement body, the Competition Commission of India (CCI), which is responsible for the enforcement of the Competition Act. According to the provisions of the Competition Act, is allowed to make an appeal to the Competition Appellate Tribunal (COMPAT) against the decisions of the CCI. A further appeal from the decision of the COMPAT may be submitted before the Supreme Court of India. In the same, the Competition Act is taking into consideration its enforcement with the aid of mutual international support and enforcement networks across the world.
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Siahaan, Putri Nurmala Sari. "Elements Testings Distortion of the Abuse of Authority Based on the Government Administration Law and Corruption Crime". Corruptio 2, nr 1 (3.05.2021): 45–60. http://dx.doi.org/10.25041/corruptio.v2i1.2246.
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It is expected that the existence of the Government Administration Law is expected to be a solution so that there is no expression of “bad suspicion” against government officials in making decisions accused of causing losses to state finances. In addition, the GA Law is expected to become a reference for government officials in making decisions so that there is no abuse of authority. These two cargoes are a small part that is regulated in the GA Law. Regarding the abuse of authority itself, there have been specific regulations derived from the Supreme Court Regulation Number 4 of 2015 concerning Guidelines for Procedures in the Assessment of the Elements of Abuse of Authority. The problem that arises in examining the elements of abuse of power lies in the law enforcement process. The Perma Abuse of Authority states that the Court has the authority to accept, examine, and decide upon the appraisal request whether there is an abuse of authority in the Decisions and/or Actions of Government Officials before the criminal process. From the field facts, through case analysis, there are findings that government officials who submitted applications for the element of abuse of power did not heed the provisions in the Perma. In the two cases discussed, it appears that, in fact, the instrument of testing whether or not there is an element of abuse of authority is only used as an attempt to hide oneself from being ensnared from corruption. It is as if the petitioner has become a victim in the act of abuse of authority over the action or decision he has taken. However, the facts show otherwise where the applicant legally and convincingly committed a criminal act of corruption. It can be said that the use of the concept of testing the elements of abuse of authority is intended to be deviant and biased from the ideals of the concept.
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Hetarie, Michael Imgran. "Penyalahgunaan Keadaan di Perjanjian Pengikatan Jual Beli oleh Developer". Jurnal Ilmiah Universitas Batanghari Jambi 22, nr 1 (2.03.2022): 468. http://dx.doi.org/10.33087/jiubj.v22i1.1972.
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In the housing loan agreement, the developer provides burdensome conditions for housing consumers. Due to the need for a house, the consumer signs an agreement offered by the developer so that in this case the consumer does not have a position of will and/or bargaining power, no mutually beneficial cooperation. and the consumer does not have the will to make an offer, one party suppresses or takes advantage of the other party as well as the standard clause in the Sale and Purchase Binding Agreement (hereinafter abbreviated as PPJB) between the Developer and the Consumer. This does not cause the content and purpose of the agreement to be prohibited, but causes the abused will not to be given in a free state which is often referred to as state abuse. So that the problem arises what is the concept of abuse of circumstances and what is the legal protection for consumers against abuse of circumstances by developers in the Sale and Purchase Binding Agreement. The problem approach used in this research is the statutory approach, and the conceptual approach. The concept of abuse of circumstances is a concept used to examine the validity of an agreement or contract. The abuse of this situation appears in the agreement that the position of the parties is not balanced with each other so that the parties can impose on other parties whose position is weaker to enter into the agreement. Legal protection for consumers against abuse of circumstances by developers in the Sale and Purchase Binding Agreement is legal protection for consumers against abuse of circumstances by developers in the Sale and Purchase Binding Agreements is the provision of compensation if the fault lies with the business actor as stated in the provisions of article 19 paragraph (1) jo . Article 60 paragraphs (1) and (2) jo. Article 19 paragraph (2) and paragraph (3) of the UUPK relates to a maximum loss of Rp.200,000,000.00 (two hundred million rupiah).
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Hasan, Mariwan, Lava Muhammad i Gashbin Bahasin. "ABUSE PRACTICE OF POWER IN ORWELL'S ANIMAL FARM: A HISTORICAL APPROACH". CaLLs (Journal of Culture, Arts, Literature, and Linguistics) 6, nr 1 (17.06.2020): 1. http://dx.doi.org/10.30872/calls.v6i1.3504.
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It occurs very often to observe the exploitation of common people by the politicians owing to leader’s bad use of absolute power and the silence of the people. It appears that knowledge and education will lead to absolute power which culminates in suffering and oppression of simple and naïve people in the Soviet Union.The language used in Animal Farm was not known by the majority and this leads to threat through different principles and laws. This enabled the leaders to exploit the others for their greedy desires and to do abnormal actions. As a result of the use of a vague language and the implementation of fear tactics then creating laws to help them to manipulate others, they could convince them and then they invented lies at the interest of leaders. Yet the others due to their simplicities were easily convinced, while power could be used to serve the entire population of the Soviet Union. The study uses historical approach for the analysis of the research.
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Boreiko, Halyna. "CRIMINAL AND LEGAL CONSEQUENCES OF RESTRICTION OF THE PROSECUTOR'S RIGHT TO APPEAL A SENTENCE ON THE BASIS ON A PLEA BARGAINING". Visnyk of the Lviv University. Series Law 74, nr 74 (30.06.2022): 188–99. http://dx.doi.org/10.30970/vla.2022.74.188.
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The article analyzes the issues of legal regulation of the plea bargaining institution, which in the author's opinion do not contribute to ensuring the implementation of the objectives of criminal proceedings and contradict its principles. It is proved that the restriction of such a right is one of the preconditions for abuse by the prosecutor in concluding a plea bargaining. The author reveals the shortcomings of this institution, which negatively affect the implementation of the prosecutor as a key party to the plea bargaining of its powers and provide the prosecutor with hypothetical opportunities to abuse their rights during the conclusion of such a plea bargaining. The ways to eliminate the identified shortcomings are suggested. The inexpediency of restricting the right of a prosecutor, including a higher-level prosecutor, to appeal a sentence under a plea bargaining is substantiated, as such a restriction is one of the preconditions for abusing the prosecutor's right in concluding such an agreement. Moreover, the research does not identify sufficient grounds to restrict the prosecutor's right to appeal a sentence on the basis on a plea bargaining. The article presents the results of the study of court decisions and materials of criminal cases, which confirm that violations of the Criminal Procedure Code of Ukraine are committed by both prosecutors and judges. Moreover, the article studies the cases of violation of the rights and interests of the person in the conclusion of plea bargaining, which, in connection with the restrictions established by Part 4 of Art 394 of the Criminal Procedure Code of Ukraine, the prosecutor's right to appeal the sentence on the basis on a plea bargaining, remain unresolved. Restricting the right of a prosecutor, including a high-level prosecutor, to appeal a sentence on the basis on a plea bargaining significantly violates the rights and legitimate interests of participants in criminal proceedings and does not contribute to the effective performance of his tasks. It is proposed to secure for the prosecutor the right to appeal the sentence on the basis on a plea bargaining in case the court does not verify the circumstances provided for in Part 7 of Art 474 of the Criminal Procedure Code of Ukraine. At the same time, the author concludes that it is necessary to establish additional grounds for the court's refusal to approve the plea bargaining. As a result, in order to effectively apply this institution, it is necessary to make the significant changes to the legislation.
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Minarno, Nur Basuki. "Authorities of Preparation and Hospitality of Applications for Post-Conditions Post-Decision of Constitutional Court". Yuridika 35, nr 1 (21.10.2019): 75. http://dx.doi.org/10.20473/ydk.v35i1.7551.
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The objective of Pre-Trial is basically to provide justice rights protection from abuse of power and the arbitrary actions of law enforcement officers. Pre-Trial is as the guard for the realization of due process of law. Hence, its authority is not limited to Article 77 of the Criminal Law Procedural Code and the decision of Constitutional Court No.21/PUU-XII/2014. The dismissal of Pre-Trial appeal as provided for in article 82 paragraph (1) sub-paragraph d of the Criminal Law Procedural Code and the decision of the Constitutional Court No.102/PUU-XII/2015 do not have a sufficient rational basis. Pre-Trial and principal case examination should not terminate each other. Conversely, the result of Pre-Trial will be used as a reference to analyze whether evidence used in the principal case examination is conducted properly or not. Thus, when a Pre-Trial examination is underway, the chief of a judge of the district court must adjourn the principal review of his case.
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BERRUECOS, SUSANA. "Electoral Justice in Mexico: The Role of the Electoral Tribunal under New Federalism". Journal of Latin American Studies 35, nr 4 (listopad 2003): 801–25. http://dx.doi.org/10.1017/s0022216x03006990.
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‘Demanding adherence to principles is, either, to accept the federal system with all its advantages and dangers, or to denounce it frankly and proclaim the empire of central government, granting it the power to correct the abuses that local authorities might commit.’Ignacio VallartaThe annulment of the 2000 gubernatorial elections in Tabasco marked a fundamental precedent for electoral justice in Mexico and the role of the Electoral Tribunal of the Federal Judiciary (Tribunal Electoral del Poder Judicial de la Federación – TEPJF) in federal, state and local elections. Successive constitutional reforms that ended with the ‘definitive’ electoral reforms of 1996 have consolidated a regime of electoral dispute adjudication at the federal level, giving political parties the right to appeal state cases before federal authorities. Whereas a clear tendency exists towards greater decentralisation of power under ‘new federalism’, in the electoral field centralism concentrated on the TEPJF and the Supreme Court of Justice has been adopted. However, in the context of political pluralism and a more authentic federalism, the TEPJF's new role has caused conflicting reactions. Some sectors are insisting on the need to limit this institution's powers so that in the future it can only rule over subnational elections based on well-defined criteria that respect specific jurisdictional principles.
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Prytyka, Yu, i D. Prytyka. "NEWLY REFORMED PROCEEDINGS OF THE ARBITRATION AWARDS REVIEW AND INTERNATIONAL COMMERCIAL ARBITRATION AWARDS APPEAL IN CIVIL PROCEDURAL LEGISLATION OF UKRAINE". Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, nr 110 (2019): 29–35. http://dx.doi.org/10.17721/1728-2195/2019/3.110-6.
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This article deals with the novelties of the reformed procedural legislation of Ukraine on appealing the decision of arbitration court and international commercial arbitration, as well as on new approaches to determining the legal nature of the proceedings in cases of appealing arbitration awards. At the same time, this study shows that the specific practical problems of a unified approach to terminology absence, in particular, "appeal" by arbitral tribunal or "challenge" by international commercial arbitration, still remain. In this article the problems of determining the objects of appeal and the expansion of the range of subjects of appeal against the decisions of arbitral tribunals, as well as the disputable issues, determining the jurisdiction of this category of cases are also considered. Special attention is paid to the examining the procedure for reviewing applications for annulment of decisions of the arbitral tribunal and international commercial arbitration, in particular the initial stage of production, time limits for challenging the arbitration award. Taking this into account, authors identify the ways to resolve the abovementioned practical problems, as well as the prospects for further reform of the judicial review institution over the enforcement of arbitral tribunals and international commercial arbitration decisions. In conclusion, authors prove, that the activity of national courts does not include the revision of the decisions of arbitration courts and international commercial arbitrations, since national courts do not check the legality and validity of the decisions; they do not review the substantive decision. In this case we consider a special mechanism for the control over the abuse of arbitrators' powers granted to them by law and by the parties to the arbitration agreement during the dispute resolution.The purpose of an appeal is to provide the interested party with the opportunity to apply limited judicial review of the arbitral award.
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Harlina, Indah, i Bambang Slamet Riyadi. "Conflict of Law Enforcement by State Institutions over Abuse of Power and Authority: A Case Study of "Former President Director of PT. Pertamina"". International Journal of Criminology and Sociology 9 (5.04.2022): 2748–56. http://dx.doi.org/10.6000/1929-4409.2020.09.339.
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This study, wants to analyze the very significant differences in the application of legal considerations on the abuse of power and authority by the former President Director of PT. Pertamina, which caused losses to the state based on legal considerations by the Corruption Court Judge and the Jakarta High Court, decided to imprisonment for 8 years and a fine. However, a cassation decision by the Panel of Judges at the Supreme Court of the Republic of Indonesia stated that the defendant was presumed innocent and freed the defendant from the demands of imprisonment and unconditional release. The problem of this research is, Why are there very significant differences in the application of law in the same state institution? The purpose of this study, for Constitutional Law academics can provide a very significant difference study in legal considerations in the Court of Justice in Indonesia. For judges at the Supreme Court of the Republic of Indonesia as an introspection in the legal consideration of abuse of power that results in losses to the state. This research approach method was a qualitative method. Creswell defines a qualitative method as a research method that is based on the perspective of constructivism, in which various meanings are socially and historically constructed with a view to develop a theory or pattern. The researcher analysis was based on legal regulations where conflicts occurred in the law enforcement among the three state institutions acting as the basis of constitutional law, which were; Jakarta Corruption Court; High Court of Appeals for the Special Capital Region of Jakarta; and Supreme Court of the Republic of Indonesia.The results of the research show real evidence, the application of law, abuse of power and authority in state-owned enterprises, which was carried out by the former President Director of PT Pertamina so that the state suffered losses. At the Corruption Crime Court and the Jakarta High Court apply the Corruption Crime Law, but the Supreme Court of the Republic of Indonesia applies business law. In terms of this significant difference, it has resulted in constitutional law academics assessing decisions that do not reflect a sense of justice. The researcher's suggestion is that the panel of judges in a state institution should have no differences in taking legal considerations on abuse of power and authority that harm the state.
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Muradian, Gaiane. "Imagery in Action: G. Orwell’s “Animal Farm”". Armenian Folia Anglistika 12, nr 1 (15) (15.04.2016): 17–26. http://dx.doi.org/10.46991/afa/2016.12.1.017.
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The present paper is a literary stylistic analysis that highlights the imagery, the allegorical significance, linguistic manipulation or abuse of language in the novel Animal Farm by George Orwell. Orwell’s sophisticated exposure of political abuse of language is one of the most typical characteristics of Animal Farm and an indispensable part of his imagery. Seemingly a plain story of animals, inwardly this novel is an allegory that refers to power struggle, usurpation, intimidation, exploitation, hypocrisy, corruption, political racket and terror of the ruling classes in whatever form they may appear (human or animal). However serious the theme is, Orwell has made it fictitious and amusing through his vivid imagery and artful use of literary devices. With its clear, deceptively simple, but creatively honed prose style and expressive language, the novel is a source of great aesthetic and intellectual pleasure and political insight.
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Blažo, Ondrej. "Nullity and ineffectiveness of contracts as a consequence of violation of EU competition and public procurement rules". Strani pravni zivot, nr 4 (2020): 69–83. http://dx.doi.org/10.5937/spz64-29632.
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The presented paper will focus on the extent of requirements of EU law for nullity or ineffectiveness of contracts in specific areas linked to functioning internal market: competition law, including agreements restricting competition, abuse of dominant position, merger control and state aid, and rules of public procurement. The scope of EU-law-based nullity is quite limited and only Art. 101(2) TFEU provides expressed nullity of agreements restricting competition. In the case of abuse of dominance, nullity of contract constituting abuse of dominant position can be drawn from the principle of effectiveness of EU law. Validity or nullity of contracts violating suspension clause in merger control regime are assessed in two periods - before decision on merger and after decision of the Commission. State aid regime cannot rely on EU-law-based nullity of contracts that violate EU state aid rules. Finally, public procurement rules appear the most complex in this context since they operate with the "right" of the contracting authority to terminate contract and power of revision authority to declare "ineffectiveness" of illegally awarded contract, and therefore revision of directives is suggested.
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Szukis, Wiktor. "Wyrok Izby Europejskiego Trybunału Praw Człowieka z dnia 14 marca 2023 r. w sprawie Georgiou przeciwko Grecji, skarga nr 57378/18". Przegląd Konstytucyjny, nr 3 (2023) (wrzesień 2023): 141–48. http://dx.doi.org/10.4467/25442031pko.23.021.18568.
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In March 2023, the European Court of Human Rights issued a judgment concerning the former President of the Greek Statistical Office. The case was described as a test of the Greek justice system, and the issue at stake was the reliability of published statistics relating to the functioning of both the national and the Community economy. Andreas Georgiou was President of ELSTAT, the Greek equivalent of the Polish Central Statistical Office, from 2010 to 2015. In its first year of office, it provided the European Statistical Office with statistics relating to the budget deficit in Greece for 2009. According to Greek law, the competence to make statistics public rested with the Executive Board of ELSTAT, not with the President himself. The Greek authorities accused him of having committed the offence of abuse of power. Georgiou, on the other hand, claimed that he had acted in accordance with the principles of the European Statistical Code of Practice. It provides that the heads of statistical offices are solely responsible for decisions on the content and timing of the publication of statistical information. The defendant faced up to 10 years in prison. The Court of First Instance found Georgiou not guilty. However, the court of second instance sentenced him to two years imprisonment. The Court of Cassation rejected the appeal against the judgment of the Court of Appeal without, however, referring to the defendant’s objections relating to the need to refer a question to the Court of Justice of the EU for a preliminary ruling. Before the sentence came into force, Georgiou left for the United States. In the present judgment, the ECtHR found a violation of the Convention. The judgment is expected to restore confidence in Greek statistics and demonstrate the independence of the statistical office from pressure from the authorities.
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Scutt, Jocelynne. "POLICE, PROSECUTION, COURTS AND WARTIME DEMONSTRATIONS: ADELA PANKHURST IN THE AUSTRALIAN HIGH COURT". Denning Law Journal 23, nr 1 (26.11.2012): 65–91. http://dx.doi.org/10.5750/dlj.v23i1.365.
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Rights of assembly and freedom of speech are a rich ground for decision-making by police, prosecutors and courts in determining a balance with obligations of authorities to keep the peace and prevail against disorderly conduct or riot. Recent claims of abuse of police powers through “kettling” have reached the European Court of Justice. These cases directly address the scope and exercise of police authority in maintaining order during demonstrations. Yet not only police powers are in issue at times of political disputation. Two cases heard early last century by the Australian High Court illustrate the way in which both the decision to prosecute and judicial decision-making may be influenced by socio-political considerations, particularly in time of war. Pankhurst v Porter and Pankhurst v Kiernan saw Adela Pankhurst, youngest daughter in the redoubtable Pankhurst family of Suffragette fame, testing the limits of the law during the struggles to ensure that sending wheat abroad to feed the troops would not justify pricing bread out of the reach of ordinary, working-class households. The success of the appeal in Pankhurst v Porter exposed error in the prosecutorial process. The failure of the appeal in Pankhurst v Kiernan exposed flawed reasoning in the majority opinion and the strength of the dissenting judgment in it’s application of the law to the facts and the need to maintain objectivity or at least neutrality as to the particular appellant.
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Rafal, Grace S. "Forensic digest: the discourse on heinous crimes in Mindanao Court of Appeals". JELTIM (Journal of English Language Teaching Innovations and Materials) 3, nr 2 (29.10.2021): 109. http://dx.doi.org/10.26418/jeltim.v3i2.45430.
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This study investigated the discourse of the Court of Appeals (CA) in Mindanao, Philippines. It examined the court decisions reversely decided in the Fiscal Year 2013 on heinous crimes filed in the Court of Appeals. This research focused on the different rhetorical and discursive devices employed in the court decisions and examined how these devices performed in the production of the text to grant the appellant’s request on the reversal of the decision in the case. It scrutinized the ideological themes in the reversed decisions through the lenses of Critical Discourse Analysis and Rhetorical Analysis. The different rhetorical devices employed in the court decisions are organized into preeminent rhetorical devices, or devices most often used in the court decisions, and peripheral rhetorical devices, or those minimally used. The Preeminent Rhetorical Devices are double speak, slanting, ambiguity, aphorism, repetition, subordinate clause / delayed sentence, periodic sentence, passivization, and active voice. The Peripheral Rhetorical Devices are weaselers, aporia, and hypophora. The discursive devices employed in the production of the Court Decisions are scene-setting, specificity /indirect quotes, blame, consensus/ collaboration, pre-modifiers, extreme case formulations, and disclaimers. The ideological themes manifested in the specimens are the power asymmetry and just to cast the blame by the victim or the family of the victim and by the law enforcers. under power asymmetry are unsound judgment among trial or lower courts, abuse of power by the trial or lower court and by the law enforcers or arresting officers, and poor as victims of injustices. The following generated postulates are: pre-arranged signal: a non-verbal forensic discourse; Rule on chain of custody: the mantra of the drug crime discourse; Extrajudicial oral confessions discourse; and The charge and solve discourse.
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Mkami, Baraka, i Evaristo E. Longopa. "The DPP’s Supremacy in the Criminal Justice of Tanzania: Analysis of the Exercise of Nolle Prosequi". Eastern Africa Law Review 48, nr 2 (31.12.2021): 1–26. http://dx.doi.org/10.56279/ealr.v48i2.1.
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The judiciary is the final and last authority in the dispensation of justice. Being the final authority in the dispensation of justice, the judiciary should have a say in every aspect relating to the administration of justice. Oddly, nolle prosequi, a power given to the Director of Public Prosecutions (DPP) appears to oust the supremacy of the judiciary in the dispensation of justice. This power makes the DPP supreme over and above the judiciary. This article aims at analyzing the power of the DPP to enter nolle prosequi and its legal implications in the administration of criminal justice of Tanzania. Fundamentally, the article reveals that, nolle prosequi is uncontrolled and hence, the power is prone to abuse. It is recommended that there is a need to entrench limitations through legislative frameworks including restrictions on reinstitution of criminal cases against the accused person based on the same facts after nolle prosequi has been entered. Keywords: Criminal Justice, Director of Public Prosecutions, Nolle Prosequi, Tanzania
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Chaikovskyi, O. I. "LEGAL PROTECTION OF THE CONSTITUTIONAL RIGHT TO HOUSING". Actual problems of native jurisprudence 3, nr 3 (czerwiec 2021): 59–93. http://dx.doi.org/10.15421/392149.
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Human rights as a phenomenon are, undoubtedly, the most important achievement of the modern era and the key element of civilizational development of global community; however, the range of duties that correspond to human rights must be taken into account as well. One of the major subjects in this system is the state, which bears the highest responsibility for protecting constitutional rights of its citizens. The “constitutional state” category used to characterize states with a sophisticated legal system is simultaneously distinguishable for high level of economic development, broad dissemination of democratic ideals and the priority of universal human values. However, this system is built on clearly defined legal priorities. The right to remedy is the measure and the guarantor of democratic society. With the proclamation of Ukraine as an independent state, the right of everyone to legal remedy became one of the fundamental, constitutionally guaranteed human rights. The human and citizen right to legal remedy belongs to the category of civil rights, and moreover, it contains a legal guarantee against abuse of power by particular persons, as well as by the government. Also, Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right for an effective legal remedy. Embodied in the constitutions of the majority of developed states, it occupies a prominent place in the structure of the legal-constitutional status of a person and represents an indispensable factor. The right to justice is reflected in the fundamental principles of the judiciary. Therefore, this right consists of the following elements: accessibility of justice; the right to appeal and cassation appeal of court judgments; independence and impartiality of courts; equality of all participants of a judicial proceeding before law and court; the right to remedy; publicity of court trials; trial of the case in the shortest possible time provided by law. At the same time, protection of the right to housing necessitates fast resolution of disputable legal issues in certain cases, which court trials sometimes cannot guarantee.
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Андреева, Ольга, Ольга Желева, Анастасия Рукавишникова i Татьяна Трубникова. "Право на возвращение уголовного дела судом апелляционной инстанции в суд первой инстанции: возможность злоупотребления полномочиями". Всероссийский криминологический журнал 10, nr 3 (2016): 554–67. http://dx.doi.org/10.17150/2500-4255.2016.10(3).554-567.
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Henderson, Stephen E., i Dean A. Strang. "Behind Bartkus". New Criminal Law Review 24, nr 4 (2021): 498–517. http://dx.doi.org/10.1525/nclr.2021.24.4.498.
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A young defense attorney earns his client, charged in federal court with bank robbery, a jury acquittal. (It’s the attorney’s first.) One would expect the impartial judge to thank the jury for its service. Instead, this one harangues both jury and defense attorney (“entailing changes in his complexion from red to purple to dead white”), publicly rails against the verdict, attempts to bar the jurors from future service, refuses to release the defendant, and successfully prods prosecutors to bring a duplicative state prosecution that would end in conviction for the same crime. To anyone who respects the rule of law—or at the very least to anyone who respects the American jury—this should be deeply troubling. Yet when it took place in a Chicago federal courtroom in December 1953, state prosecutors leapt at the federal judge’s call. And when the appeal of the duplicative state prosecution reached the United States Supreme Court, the defendant lost 5-4. Criminal practitioners know that result as Bartkus v. Illinois, 359 U.S. 121 (1959), a rule of double-jeopardy “dual sovereignty” that the Court reaffirmed in 2019. But next to nobody appreciates how it began in that Chicago federal courtroom. That history comes to life in the unpublished notes of the remarkable defense lawyer. It is a story that underscores just how wrongheaded is the legal rule, and that makes vivid the abuse of judicial power.
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Benitez-Schaefer, Florencia. "Longing for Better Law - On Legal Development and the Plurality Issue". Latin American Legal Studies 11, nr 2 (21.12.2023): 61–114. http://dx.doi.org/10.15691/0719-9112vol11n2a3.
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Amidst plural claims for the recognition and respect of diversity, not only the structures but also the very rationale of modern law have shown problematic limitations. In this paper, I argue that a core challenge for contemporary socio-legal transformation relies on how modern law is called to relate to difference and development in order to fulfill its promise of preventing or resolving conflicts. This is, I argue, the result of law’s embeddedness in a modern sociolect that pervades social interaction with a double appeal. It compels equally to reject dogmas as much as to fix one position that is argued as ‘the’ (most) rational one. This paper combines the socio-linguistic theory of Peter V. Zima with an inquiry on the relation between modern law and development in the historical context of world-encompassing colonialism and sociological research on legal development in recent Latin American history, more specifically using the example of the Colombian Constitutional reform in 1991. On this basis, I argue that the strained relation of law with plurality is determined by the modern sociolects it is embedded in along with the notion of ‘development’, independently of the political ideology that concrete projects pursue. While ‘early-modern’ conceptions of law aim to (dis)solve differences, ‘late-modern’ ones are trapped in ambivalent ‘solutions’ that leave the door open to all sorts of power-abuse. On this transdisciplinary ground the paper aims to provide tools for reflection on current processes of legal reform.
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Terekhova, L. A. "Additional procedures in cassation and supervision proceedings of civilistic procedure". Law Enforcement Review 5, nr 4 (6.01.2022): 197–208. http://dx.doi.org/10.52468/2542-1514.2021.5(4).197-208.
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The subject of the research is the additional powers of the Chairman of the Supreme Court of the Russian Federation in relation to cassation and supervisory complaints.The purpose of the article is to substantiate the necessity or redundancy of certain additional powers of the Chairman of the Russian Supreme Court taking into account the nature of such powers and the conditions for their application.The methodology. Analysis and synthesis, dialectical method as well as formal legal interpretation of Russian legislative acts and judicial practice of Russian Supreme Court were used.The main results. Since the transformation of the three-tier supervisory proceedings into a system of two cassation and one supervisory instance, as well as the liquidation of the Supreme Arbitration Court, the powers of the Chairman of the Supreme Court of the Russian Federation have spread to a fairly wide range of relations that allow influencing the movement of the case in the cassation and supervisory instance, and on itself initiation of a case in a supervisory instance. Moreover, such activities are far from always regulated by the norms of the law.The Chairman of the Supreme Court of the Russian Federation (or his deputy) currently has leverage over the possibility of considering a case in the cassation instance of the Supreme Court of the Russian Federation (Judicial Collegium of the Supreme Court) and in the supervisory instance (Presidium of the Supreme Court). These possibilities are called control and substitute in the article. Control powers should include: 1) regulation of key deadlines in cassation and supervisory proceedings; 2) interference in the procedure for filtering complaints. The procedure and conditions for the use of these powers are not regulated in the procedural codes. Having such powers in relation to procedural terms, the President of the Supreme Court actually influences the very possibility of initiating a case in a court of cassation or supervisory instance, as well as the duration (and, accordingly, the quality) of the examination of the complaint. The intervention of the Chairman of the Supreme Court of the Russian Federation in the procedure for filtering complaints has a clearly pronounced discretionary nature, moreover, it is selective. It would not be superfluous to point out that such as "order" in itself creates conditions for its abuse both by the participants in the case and by the courts. The substitute authority is the right of the Chairman of the Supreme Court to initiate supervisory proceedings on his own initiative, contrary to the basic rule of civil proceedings based on the principle of discretion (the case is initiated by the person whose rights have been violated). Supervisory proceedings are currently intended to appeal against judicial acts adopted by the Supreme Court of the Russian Federation itself when considering cases in the first, appeal and cassation instances. However, among the objects of appeal there are also acts of the Judicial Collegium of the Supreme Court, applications to which are possible with complaints against acts of any lower courts, with some restrictions on the decisions of justices of the peace (Article 390.4 of the Civil Procedure Code; Article 291.1 of the Arbitration Procedure Court). In this regard, the supervisory authority must continue to be viewed as the final link in the system of reviewing judicial acts. However, the system for reviewing judicial acts is very contradictory. On the one hand, there are a number of strict rules that cut off certain types of judicial acts from appeal; filtering complaints in the second cassation and supervision; establishing special rules for the jurisdiction of complaints. On the other hand, it is possible not to comply with these strict rules and directly contact the Chairman of the Supreme Court of the Russian Federation.This extraordinary power of the Chairman of the Supreme Court of the Russian Federation has been preserved, precisely because the Russian legislator firmly and consistently adheres to the conviction that it is necessary to leave at least one official who is not a party to the case the right to initiate an audit of a judicial act.Conclusions. The extraordinary powers of the Chairman of the Supreme Court are of an extra-procedural nature, at best they are based on the rules of record keeping (instead of the law), are selective and opaque.
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Abrillioga, Abrillioga, Aldian Nugraha, Azzam H. F i Himy Oktafiansyah. "Strategic Issues of the Position of the President 3 Period In the Perspective of State Constitutional Law in the Restriction of Power". Jurnal Sosial Sains 2, nr 6 (15.06.2022): 648–55. http://dx.doi.org/10.36418/sosains.v2i6.402.
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The subject of extending the presidential term to three terms is one that all of us are concerned about. In this example, in the contestation of the dynamics of government and politics in Indonesia, the discourse of the desire to change the 1945 Constitution aims to homogenize the discourse views of the interests of power, making this an intriguing subject to research. As a concept of preventing the authoritarian pendulum in a country, it is required to limit the power held by a head of state and head of government, particularly the president. The term of office for presidential candidates in Indonesia is controlled by the country's presidential system of government. Like the current dynamics in the Indonesian government, that dilemmas and conflicts of interest stemming from pragmatic reasons for legal politics in Indonesia appear to want to smoothen the constitution, namely Article 7 of the 1945 Constitution, which has limitedly affirmed the limits of positions held by a president, namely two terms. by using the provisions of the original intense article 37 of the 1945 Constitution to delegate to three terms. In essence, the presidential term restriction is intended to prevent abuse of power.
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Abrillioga, Abrillioga, Aldian Nugraha, Azzam H. F i Himy Oktafiansyah. "Strategic Issues of the Position of the President 3 Period In the Perspective of State Constitutional Law in the Restriction of Power". Jurnal Sosial Sains 2, nr 6 (15.06.2022): 648–55. http://dx.doi.org/10.59188/jurnalsosains.v2i6.402.
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The subject of extending the presidential term to three terms is one that all of us are concerned about. In this example, in the contestation of the dynamics of government and politics in Indonesia, the discourse of the desire to change the 1945 Constitution aims to homogenize the discourse views of the interests of power, making this an intriguing subject to research. As a concept of preventing the authoritarian pendulum in a country, it is required to limit the power held by a head of state and head of government, particularly the president. The term of office for presidential candidates in Indonesia is controlled by the country's presidential system of government. Like the current dynamics in the Indonesian government, that dilemmas and conflicts of interest stemming from pragmatic reasons for legal politics in Indonesia appear to want to smoothen the constitution, namely Article 7 of the 1945 Constitution, which has limitedly affirmed the limits of positions held by a president, namely two terms. by using the provisions of the original intense article 37 of the 1945 Constitution to delegate to three terms. In essence, the presidential term restriction is intended to prevent abuse of power.
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isselmou, Dr Moussa ould. "Conditions of Administrative Decisions Challenged for Exceeding Authority (Annulment Lawsuit): A Mauritanian Case Study". Journal of the Arabian Peninsula Center for Educational and Humanity Researches 3, nr 24 (30.03.2025): 175–99. https://doi.org/10.56793/pcra2213248.
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The study aimed to analyze the legal and judicial conditions governing appeals against administrative decisions for abuse of power (annulment appeal) within the Mauritanian legal system, with comparative references to the legal frameworks of Egypt and France. Using a comparative analytical methodology, data were collected and analyzed from legal documents, legislative texts, judicial rulings, and relevant jurisprudential opinions to identify strengths, weaknesses, and best practices. The study consisted of three main axes: (1) the necessity of the administrative form in terms of both structure and content of the contested decision, (2) the forms of administrative decisions, whether explicit or implicit, and (3) the legal conditions related to the authority issuing the decisions, their judicial reviewability, and their legal impact. The findings revealed a noticeable lack of clarity in the standards for issuing administrative decisions and in the scope of judicial discretion. The study recommended legislative reforms to enhance the fairness and transparency of annulment proceedings, the development of administrative oversight tools, improved legal drafting, and the adoption of jurisprudential standards in judicial interpretation.///هدفت الدراسة إلى تحليل الشروط القانونية والقضائية المنظمة للطعن في القرارات الإدارية بدعوى تجاوز السلطة (دعوى الإلغاء)، في النظام القانوني الموريتاني، ومقارنتها بنماذج قانونية في كل من (مصر، فرنسا). وباستخدام المنهج التحليلي المقارن؛ تم جمع البيانات وتحليل الوثائق القانونية، ونصوص التشريعات، والأحكام القضائية، والآراء الفقهية ذات الصلة؛ للوقوف على نقاط القوة والقصور وأفضل الممارسات. وتكونت الدراسة من ثلاثة مباحث رئيسة: (1) ضرورة توفر الصيغة الإدارية من حيث الشكل والمضمون في القرار المطعون فيه، (2) صور القرار الإداري سواءً الصريح أو الضمني، و(3) الشروط القانونية المتعلقة بالسلطة التي تصدر عنها القرارات، وقابليتها للرقابة القضائية، ووجوب ترتيبها لأثر قانوني. وكشفت النتائج عن وجود قصور ملحوظ في وضوح معايير اتخاذ القرارات الإدارية وفي نطاق السلطة التقديرية للقضاء. وأوصت الدراسة بإجراء إصلاحات تشريعية تعزز من عدالة وشفافية إجراءات دعوى الإلغاء، كما دعت إلى تطوير أدوات الرقابة الإدارية، وتحسين الصياغة القانونية، وتبني المعايير الفقهية في التفسير القضائي.
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Marsheila, Wiwin, i Sholihul Hakim. "Public Understanding of The Mechanism for Administering State Administrative Courts as a Form of Legal Protection". Literasi Hukum 7, nr 2 (31.10.2023): 25–38. http://dx.doi.org/10.31002/lh.v7i2.3747.
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Legal relations in social life are part of the process after the emergence of a legal action originating from the legal subject itself. Legal action is the beginning of the birth of legal relations (rechtsbetrekking), namely interactions between legal subjects that have legal relevance. One of them is the relationship between the government and citizens. The government, as an executor (public servant), obtains broad authority in carrying out government affairs (Constitutional Mandate). This authority is likely to be abused, causing harm and injustice (Power Tends Corrupt, Absolute Power Corrupts Absolutely). The State Administrative Court is present as an institution that provides legal protection to the justice-seeking public related to administrative law (Administrative Law). This court has a tiered system starting from the first level, the appeal level, and the final level or cassation. The legal issues that will be discussed in this paper concern phenomena in the administration of the State Administrative Court in Indonesia, such as the court process, the basis for a lawsuit addressed to the government, and the mechanism in the State Administrative Court.
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Vahed, Goolam. "The Protector, Plantocracy, and Indentured Labour in Natal, 1860–1911". Pacific Historical Review 87, nr 1 (2018): 101–27. http://dx.doi.org/10.1525/phr.2018.87.1.101.
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Between 1860 and 1911, a total of 152,641 Indian indentured workers arrived in the then British Colony of Natal. The first group of workers who returned home in 1871 complained of ill-treatment and abuse by employers and the Indian government refused to sanction further allotments of labourers until the Natal government investigated their complaints. The ensuing Coolie Commission of 1872 called for the appointment of a Protector of Indian Immigrants, as one of several recommendations. The Natal Government duly complied as the Colony was desperate for labour. Such officials were also appointed in other colonial contexts around this time. Instances of worker abuse, however, continued throughout the period of indenture in Natal, notwithstanding some observers’ claim that the appointment of a Protector was a watershed moment for bonded labour. It appears that the vastness of the area under the Protector’s jurisdiction and the enormous power of planters made it difficult for Protectors to balance the needs of workers and employers. But workers found creative ways to use the office of the Protector to resist the system; and, on occasion, the abuse was so great that the Protector was forced to intervene publicly to safeguard the rights of workers and the integrity of his office. In focusing on the Protector, this article makes a contribution to the emerging literature on empire that focuses on connections and networks across colonies and the agency and actions of ordinary people.
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Hodgins, Margaret, Sarah MacCurtain i Patricia Mannix-McNamara. "Power and inaction: why organizations fail to address workplace bullying". International Journal of Workplace Health Management 13, nr 3 (1.06.2020): 265–90. http://dx.doi.org/10.1108/ijwhm-10-2019-0125.
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PurposeBullying affects at least one-third of the workers through either direct exposure or witnessing, both of which lead to compromised health, and as a result, reduced organizational effectiveness or productivity. However, there is very little evidence that organisations provide effective protection from bullying, and in fact, the converse appears to the case. The purpose of this paper to explore the role of both individual and organisational power in the creation and maintenance of the problem. Such an approach moves away from the specific practice of identifying “bullying” that typically engages targets and perpetrators in a dance that is really just around the edges (Sullivan, 2008) of a larger problem; a culture that permits the abuse of power and ill-treatment of workers, in both practices and through organisational politics.Design/methodology/approachThis paper elucidates key problems with organisational response as identified in the literature and critically examines weak organisational response to workplace bullying using the power theory, arguing that while overt approaches to addressing bullying appear to be underpinned by a simplistic, functionalist understanding of power, practices on the ground are better explained by more sophisticated “second-dimension” theorists.FindingsThere is a need for organisations to move beyond the current individualistic understanding of bullying towards a more nuanced understanding of how anti-bullying policies and procedures are themselves an exercise in institutional power protecting and reinforcing dominant power structures.Research limitations/implicationsThe literature from which this paper is drawn is limited to studies published in English.Practical implicationsThe authors advocate a realistic assessment of the role of both individual and organisational power in the creation and maintenance of workplace bullying, as a way forward to plan appropriate intervention.Social implicationsWorkplace bullying is problematic for organisations at several levels, and therefore for society.Originality/valueThat power is relevant to workplace bullying has been apparent since the work of Brodsky in 1976 and Einarsen's early work, this paper builds on a the more nuanced work of McKay (2014), D'Cruz and Noronha (2009), Liefooghe and MacDavey's (2010) and Hutchinson et al. (2010), exploring the organisational response to the raising of bullying issues by individual employees as an exercise of power.
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Kupis, Marta. "Tożsamość, dominacja i Internet – zagadnienie apropriacji kulturowej w dyskursie internetowym". Intercultural Relations 3, nr 1(5) (3.06.2019): 35–55. http://dx.doi.org/10.12797/rm.01.2019.05.02.
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IDENTITY, DOMINANCE AND INTERNET – CULTURAL APPROPRIATION IN ON-LINE DISCOURSEIntensification of international contacts during globalisation allowed for mutual understanding and inspiration between representatives of different cultures. Nevertheless, the line between inspiration and copying other cultures’ elements appears thin, unnoticeable in comparison to financial gains from customs’ commercialisation. This topic is discussed in the West as cultural appropriation. The goals of this article were to see what behaviours are perceived as appropriation and if it is perceived as an intercultural problem. The research, conducted on social media, indicates that cultural appropriation is a problematic topic, however the will to define it and treat as intercultural power abuse is increasing.
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Bonner, David, Helen Fenwick i Sonia Harris-Short. "Judicial Approaches to the Human Rights Act". International and Comparative Law Quarterly 52, nr 3 (lipiec 2003): 549–86. http://dx.doi.org/10.1093/iclq/52.3.549.
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The case law generated in just over two years' operation of the Human Rights Act 1998 (HRA), enables stocktaking rather than definitive appraisal.1 This article begins by recalling the markedly contrasting roles in United Kingdom law of the European Convention on Human Rights (ECHR) before and after the HRA, the better to appreciate judicial approaches to, and use of, the HRA in the areas surveyed. The second part of the article focuses on judicial use of key provisions of the HRA to interpret primary legislation said to conflict with one or more Convention rights and on judicial use of the power to make a declaration of incompatibility. It considers a selection of decisions, principally of the House of Lords and the Court of Appeal, which raise important points regarding the purpose and scope of the HRA as a constitutional document and indicate judicial uncertainty as to how the HRA should be conceptualised, interpreted and applied. With this emerging picture of a cautious and uncertain judiciary in mind, the final two sections of the article give detailed consideration to the post-HRA jurisprudence within two discrete areas of English law. Part III explores the impact of the HRA on judicial approaches to the clash between the freedoms of expression and assembly, on the one hand, and public order, on the other. Part IV considers the ‘use and abuse’ of the HRA and of Article 8 ECHR in private law family disputes. Finally, certain tentative conclusions as to the perhaps disappointing story of the HRA so far, will be proffered.
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Irrynta, Dwilani, i Nanik Prasetyoningsih. "An Analysis of Freedom of Speech: Whether the Indonesian Electronic Information and Transactions Law is Contradictory". SASI 29, nr 2 (19.04.2023): 200. http://dx.doi.org/10.47268/sasi.v29i2.1061.
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Introduction: With the development of technology, people become easier in expressing themselves through social media. However, many people think that the Indonesian Government represses freedom of speech through the Electronic Information and Transactions (EIT) Law as the huge number of related cases keeps increasing, particularly on matters of criticizing the Government.Purposes of the Research: This article presents to discuss whether the Law does snatch the rights of citizens regarding freedom of speech as the Law essentially aims to protect such rights and shall not contradict the 1945 Constitution of the Republic of Indonesia stating that freedom of speech is a right for every citizen.Methods of the Research: By using normative legal research, this article examines legal principles and norms of related regulations. The authors analyze the situation faced by the Indonesian people in recent years through library research. The secondary data of literature was collected and reviewed focusing on the statutory approach along with the case approach.Results of the Research: The findings show that the EIT Law indeed draws controversy among Indonesian people due to the existence of several Articles under the Law that are contradictory to its purpose, namely protecting freedom of speech. By having ambiguousness and multiple interpretations of those several Articles, the Law leads to abuse of power by the Government. Therefore, it is reasonable for many people, as well as civil society organizations, to appeal to the Government to revise the Law and related regulations. It is on the grounds that such actions are necessary to enhance and enforce the protection of freedom of speech.