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1
Dumond, Yves. "From forest firefighting doctrine to digital battlefield: a case study." Disaster Prevention and Management 24, no. 3 (2015): 320–37. http://dx.doi.org/10.1108/dpm-03-2014-0043.
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Purpose – The purpose of this paper is to describe the use of information technology (IT) in the fight against forest fires in southern France. Design/methodology/approach – The focus is on specifying the infrastructure and equipment used during operational interventions, as well as the role and functioning of the mobile command posts, which represent the nerve centers. As part of the firefighters operational practices, the concepts of the “tactical situation” and the “mobile means board” are at the heart of operations management. The purpose of the tactical situations is to present a synthetic overview of the theatre of operations through graphic representation on a background map. The function of the mobile means board is to manage the life cycle of the different resources engaged in the operations. The author first shows how these concepts were developed within the framework of manual management only. This is followed by an IT solution using a geographical information system for each of these operational modes. Findings – A profound recognition of operational practices was a prerequisite to enable the personnel to accept a progression towards the use of IT techniques. Research limitations/implications – The implemented approach precisely reflects the French forest firefighting doctrine. Application to other countries would thus require some adaptation. Originality/value – The software system provides an easy access to geographical information functionalities for firefighters managing forest fires. This is achieved in the framework of strict compliance with their recognized operational methods.
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Wan Ahmad Fauzi Wan Husain. "WATANIC JURISPRUDENCE: ARTICULATING THE LEGITIMATE ELEMENTS OF THE BASIC STRUCTURE OF THE FEDERAL CONSTITUTION." IIUM Law Journal 29, no. 1 (2021): 1–28. http://dx.doi.org/10.31436/iiumlj.v29i1.650.
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The doctrine of the basic structure of a constitution would be undisputable if those elements thereunder are clear and representing the facts of our local history, nationhood, and the principle of the rule of law. Former Chief Justice Tun Abdul Hamid Mohamad argued that the doctrine of the basic structure of a constitution introduced by the Indian Supreme Court contradicts Article 159 of the Federal Constitution and beyond the competent jurisdiction of the local courts. Hence, this article puts forward the conceptual framework of the basic structure adopted by the Federal Court in the case of Indira Gandhi to articulate those elements summed therein viewed from the watanic jurisprudence. The watanic jurisprudence analyses legal documents and sources of sovereignty based upon two philosophical worldviews; continuum and dichotomous frameworks relying upon the local legal history context and the present legal provisions of a country. Depending on a broad and purposive manner in proper linguistic, philosophic, and historical contexts of the Malaysian legal historical documents, the legitimate elements of the basic structure are the principle of sovereignty as embedded in the oath of office of the Yang di-Pertuan Agong together with the matters aggregated in Article 38(4), Article 159(5) and Article 161E. The oath of the Yang di-Pertuan Agong thus legitimizes Syariah compliance as the rule of law. The Federal Constitution of Malaysia also expressly protects its basic structure with strict conditional amendments. In conclusion, the basic structure of our Federal Constitution must be viewed from our local circumstances in compliance with the principle of constitutional supremacy and the rule of law.
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Darus, Faizah, Haslinda Yusoff, Dayang Milianna Abang Naim, et al. "Islamic Corporate Social Responsibility (i-CSR) Framework from the Perspective of Maqasid al- Syariah and Maslahah." Issues In Social And Environmental Accounting 7, no. 2 (2013): 102. http://dx.doi.org/10.22164/isea.v7i2.77.
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The rationale behind the establishment of Islamic organisations globally is based on the precept that Islamic organisations’ practices are conducted in accordance with the strict values and principles of Syariah. In line with this premise, the Corporate Social Responsibility (CSR) policies and practices of Islamic organisations should be underpinned by Islamic laws and principles as revealed in the Qur’an and the Sunnah. Drawing on the doctrine of Maqasid alSyariah and the concept of Maslahah, this study proposes an Islamic CSR (i-CSR) conceptual framework that will align the CSR policies and practices of Islamic organisations with the principles and values of Islam. The two conceptions are integrated with the CSR dimensions resulting in the prioritization of CSR practices based on Syariah principles. This study provides a structured approach to CSR policies and practices for Islamic organisations to ensure full compliance with Islamic principles. Such a conceptual framework would be of interest to Islamic organisations worldwide and regulatory authorities in countries that are hosts to Islamic organisations to improve CSR policies, practices and disclosure on the part of Islamic organisations.
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Richards, Katie. "Revisiting the fraud exception: a critique of United City Merchants v Royal Bank of Canada 40 years on." Legal Studies 39, no. 4 (2019): 656–75. http://dx.doi.org/10.1017/lst.2019.6.
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AbstractMuch has changed in the four decades since United City Merchants v Royal Bank of Canada, in which Lord Diplock established the fraud exception in transactions financed by documentary credit. In particular, the introduction of the UCP 600, case law on nullity documents and amendment to the American fraud exception justify a reconsideration of both the policy arguments underpinning Lord Diplock's rule and the fate of documents known to be forged or null at the time of presentation. Accordingly, two arguments are made in this paper. First, a consideration of the broader exception in the US should prompt a modern Supreme Court to re-examine his Lordship's insistence that a narrow exception was required to preserve the efficiency of the credit mechanism. In addition, it further argues that banks should be entitled to reject known nullities and forgeries as non-complying. This argument would reinstate the doctrine of strict compliance, which was overlooked in United City Merchants, and is based on the clarified definitions in the UCP 600, more recent judicial consideration of nullities and the existence of the ICC's International Maritime Bureau.
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Carroll, Jeffrey. "In Defense of Strict Compliance as a Modeling Assumption." Social Theory and Practice 46, no. 3 (2020): 441–66. http://dx.doi.org/10.5840/soctheorpract202041692.
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Rawlsian ideal theory has as its foundational assumption strict compliance with the principles of justice. Whereas Rawls employed strict compliance for his particular positive purpose, I defend the more general methodological point that strict compliance can be a permissible modeling assumption. Strict compliance can be assumed in a model that determines the most just set of principles, but such a model, while informative, is not straightforwardly action-guiding. I construct such a model and defend it against influential contemporary criticisms of models that assume strict compliance.
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Laurence, Ben. "Constructivism, Strict Compliance, and Realistic Utopianism." Philosophy and Phenomenological Research 97, no. 2 (2017): 433–53. http://dx.doi.org/10.1111/phpr.12379.
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VAVZHENCHUK, S. Y. "Legal Doctrine for Compliance with Labor Law." Journal of the National Academy of Legal Sciences of Ukraine 26, no. 2 (2019): 126–36. http://dx.doi.org/10.31359/1993-0909-2019-26-2-109.
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CARSON, THOMAS L. "Strict compliance and Rawls's critique of utilitarianism." Theoria 49, no. 3 (2008): 142–58. http://dx.doi.org/10.1111/j.1755-2567.1983.tb00211.x.
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Simmler, Monika. "Strict Liability and the Purpose of Punishment." New Criminal Law Review 23, no. 4 (2020): 516–64. http://dx.doi.org/10.1525/nclr.2020.23.4.516.
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The main argument of this article is that only a clear conception of the purpose of punishment can orient the debate about the positioning of the fault requirement and strict liability doctrine in criminal law. A categorization of the varieties of strict liability offenses, as well as an adequate model for normatively appraising the legitimacy of these deviations from the principle of culpability, should be based on a systematic analysis of criminal law’s role and function in society. As is argued, the original purpose of criminal law consists in the stabilization of norms by means of punishment. Taking up that finding, this work provides a detailed view of the distinct mechanism of placing blame, allowing for the presentation of a clear scheme for categorizing and appraising the variety of strict liability offenses. It is stated that offenses substantively deviating from the standard mechanism of placing blame can potentially result in over-punishment, which is dysfunctional and not justifiable. Properly placing blame is essential for the appropriate fulfillment of criminal law’s purpose in society. Therefore, the claim of the principle of culpability and critiques of strict liability doctrine find their basis not only in considerations of fairness, but also social necessity. By presenting a systematic categorization of strict liability offenses, this research offers a clear approach to a frequently discussed doctrine and establishes new arguments against its legitimacy.
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Lowman, John, and Ted Palys. "Strict Confidentiality: An Alternative to Pre’s “Limited Confidentiality” Doctrine." Journal of Academic Ethics 5, no. 2-4 (2007): 163–77. http://dx.doi.org/10.1007/s10805-007-9035-7.
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Azmat, Ahson T. "What Mistake Of Law Just Might Be." New Criminal Law Review 18, no. 3 (2015): 369–417. http://dx.doi.org/10.1525/nclr.2015.18.3.369.
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This Article examines and evaluates a distinctive, increasingly popular account of the Mistake of Law doctrine. The doctrine, deeply ingrained in American criminal law, is at the same time notoriously unclear in its scope, content, and application. A growing number of legal theorists have criticized the traditional interpretation of the doctrine; legal moralists in particular have argued that this account is conceptually confused. Because the doctrine’s use of a strict liability punishment regime does not incentivize individuals to learn the law as well as a negligence regime might, legal moralists argue that the doctrine cannot be explained by a desire to incentivize legal knowledge. In evaluating this argument, the Article defends the traditional account, often identified with the liberal positivism of Justice Holmes. The Article advances three main arguments. First, legal moralism’s claim that a negligence standard is more effective than a strict liability standard in incentivizing individuals to learn the law is false: the safe harbor provision of a negligence rule acts as an insurance effect, disincentivizing individuals to learn the law. Second, legal moralism assumes that the moral content of the criminal law is determinate, and that agents have perfectly rational, objective motivational sets. These are illicit assumptions that result in a flawed argument. Finally, the Article contends that legal moralism misinterprets the structural core of the traditional account: properly understood, the Mistake of Law doctrine employs a negligence–strict liability hybrid, and is thus more sophisticated than legal moralists realize. The Article concludes that, contrary to what a surprising number of criminal law theorists have come to accept, legal moralism fails to make a plausible case against the traditional account of the Mistake of Law doctrine.
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Dowden, Malcolm, and Emma Humphreys. "Landlord and tenant update – hard times, strict compliance." Journal of Property Investment & Finance 31, no. 1 (2013): 101–5. http://dx.doi.org/10.1108/14635781311293006.
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KWAW, Edmund Ato. "Strict or Substantial Compliance in Letters of Credit: Crafting Guidelines for Verifying Documentary Compliance." E-Journal of Law 7, no. 1 (2021): 51–87. http://dx.doi.org/10.51655/ejl.2021.4.
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Shleinov, Artemii. "Strict civil legal liability in civil law of the Russian Federation on the example of responsibility for inflicted moral distress." Юридические исследования, no. 3 (March 2020): 48–64. http://dx.doi.org/10.25136/2409-7136.2020.3.32595.
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The subject of this research is the examination of such civil law institution of the Russian Federation as the “no-fault liability”. Since the question of strict liability in the current doctrine of civil law is quite critical, the author views this problem through the prism of one of the paramount means of protection of the subjective civil law, namely through the prism of responsibility for inflicted moral distress, tracing its evolution throughout the entire history and considering the legislation and case law. The novelty consists in indicating the possibility of bringing to strict civil legal liability for inflicting moral distress. The author demonstrates the presence of strict legal liability within the civil law of the Russian Federation on the example of current Russian legislation. The article provides the doctrinal and legislative examples that prove this point of view. The novelty also consists in determination of presence of the principle of “strict liability: in the Russian civil law, as well as modeling of situations that this principle could be implemented in. The research results are valuable for future development of the Russian legal doctrine and case law.
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Bentil, J. Kodwo. "The Doctrine of Strict Criminal Liability and Some Theft Related Offences." Journal of Criminal Law 49, no. 2 (1985): 179–90. http://dx.doi.org/10.1177/002201838504900209.
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Luzon, Golan. "Criminalising Sexual Harassment." Journal of Criminal Law 81, no. 5 (2017): 359–66. http://dx.doi.org/10.1177/0022018317735420.
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The article explores the differences between sexual behavior in the workplace and in the public domain. Arguments against criminalising sexual harassment because of incompatibility with the principles of criminal law are shown to be inaccurate. In the labor market, the principles of criminal law are consistent with a definition of sexual harassment as an offense of strict liability, and application of the doctrine of strict liability can protect the value of equality through criminal law.
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BARTELS, BRANDON L. "The Constraining Capacity of Legal Doctrine on the U.S. Supreme Court." American Political Science Review 103, no. 3 (2009): 474–95. http://dx.doi.org/10.1017/s0003055409990049.
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Does law exhibit a significant constraint on Supreme Court justices' decisions? Although proponents of the attitudinal model argue that ideology predominantly influences justices' choices, “hybrid models” posit that law and ideology exhibit discrete and concurrent effects on justices' choices. I offer a new conceptualization of legal constraint examining how legal rules permit varying degrees of ideological discretion, which establishes how strongly ideological preferences will influence justices' votes. In examining the levels-of-scrutiny legal doctrine, I posit theoretical models highlighting the differential constraining capacities of the strict scrutiny, intermediate scrutiny, and rational basis rules. I use a multilevel modeling framework to test the hypotheses within the context of theGrayneddoctrine in free expression law. The results show that strict scrutiny, whichGraynedapplied to content-based regulations of expression, significantly constrains ideological voting, whereas intermediate scrutiny (applied to content-neutral regulations) and the low scrutiny categories each promote high levels of ideological voting.
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Loulakis, Michael C., and Lauren P. McLaughlin. "Strict Compliance in Federal Contracts: How Good Is ‘Good Enough’?" Civil Engineering Magazine Archive 77, no. 8 (2007): 92. http://dx.doi.org/10.1061/ciegag.0000849.
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Zeilinger, Doris. "Doctrine of the Ciphers Intercursions among Zeropoint-Utopia-Core." Philosophies 6, no. 2 (2021): 44. http://dx.doi.org/10.3390/philosophies6020044.
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The Blochian concept of cipher is discussed in some detail with a view to possible developments in the modern philosophy of nature. Parallels and differences are listed as to the Idealistic tradition in Germany preceding Bloch’s approach. It is found that within the framework of a strict process philosophy of the Blochian type, life forms and human (reflexive) life in particular show up as systemic parts of a nature that is projecting itself towards what has not yet become, hence a strong similarity to Schelling’s approach.
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Chayes, Abram, and Antonia Handler Chayes. "On compliance." International Organization 47, no. 2 (1993): 175–205. http://dx.doi.org/10.1017/s0020818300027910.
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A new dialogue is beginning between students of international law and international relations scholars concerning compliance with international agreements. This article advances some basic propositions to frame that dialogue. First, it proposes that the level of compliance with international agreements in general is inherently unverifiable by empirical procedures. That nations generally comply with their international agreements, on the one hand, or that they violate them whenever it is in their interest to do so, on the other, are not statements of fact or even hypotheses to be tested. Instead, they are competing heuristic assumptions. Some reasons why the background assumption of a propensity to comply is plausible and useful are given. Second, compliance problems very often do not reflect a deliberate decision to violate an international undertaking on the basis of a calculation of advantage. The article proposes a variety of other reasons why states may deviate from treaty obligations and why in many circumstances those reasons are properly accepted by others as justifying apparent departures from treaty norms. Third, the treaty regime as a whole need not and should not be held to a standard of strict compliance but to a level of overall compliance that is "acceptable" in the light of the interests and concerns the treaty is designed to safeguard. How the acceptable level is determined and adjusted is considered.
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Glennon, Michael J. "Foreign Affairs and the Political Question Doctrine." American Journal of International Law 83, no. 4 (1989): 814–21. http://dx.doi.org/10.2307/2203370.
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The unevenness of congressional oversight, the proclivity of executive foreign affairs agencies for violating the law and the traditional responsibility of the courts as the last guardians of the Constitution—all point to the propriety of an active role for the judiciary in ensuring governmental compliance with the law. Specifically, courts should not decline to resolve foreign affairs disputes between Congress and the President because they present “political questions.” The recent case of Lowry v. Reagan illustrates the serious systemic damage wrought by judicial abstention in such disputes.
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Wenkel, David H. "The Doctrine of the Extent of the Atonement among the Early English Particular Baptists." Harvard Theological Review 112, no. 3 (2019): 358–75. http://dx.doi.org/10.1017/s0017816019000166.
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AbstractThis essay challenges the view that the early English Baptists who are often labeled as “Particular Baptists” always held a doctrine of strict particularism or particular redemption. It does so on the basis of the two London Baptist Confessions of 1644 and 1646. The main argument asserted here is that the two earliest confessions of the English Particular Baptists supported a variety of positions on the doctrine of the atonement because they focus on the subjective application of Christ’s work rather than his objective accomplishment. The first two editions of the earliest London Baptist confession represent a unique voice that reflects an attempt to include a range of Calvinistic views on the atonement. Such careful ambiguity reflects the pattern of Reformed confessionalism in the seventeenth century. This paper then goes on to argue that some individuals did indeed hold to “strict particularism”—which is compatible with, but not required by, the first two confessions.
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Kobak, James B. "Exhaustion of Intellectual Property Rights and International Trade." Global Economy Journal 5, no. 1 (2005): 1850032. http://dx.doi.org/10.2202/1524-5861.1050.
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The exhaustion doctrine in intellectual property law generally limits the rights of a patent, copyright or trademark owner (“IP Owner”) to control the disposition of an article after the article has been sold by or under the authority of the IP Owner. In theory the doctrine enables the IP Owner to receive fair reward for surrendering its right to withhold a product from the market but thereafter permits free disposition and movement of chattels, preventing IP rights from unduly disrupting distribution systems.Under a strict territorial application of the doctrine, a sale in country A under a country A patent (or copyright or trademark) would exhaust the IP Owner’s rights only in Country A, and the IP Owner could rely on its separate patents in other countries to enjoin sales, seek damages or possibly even require customs officials to halt infringing imports at the border. This principle would hold even though the IP rights in all the countries are essentially the same. A strict territorial exhaustion doctrine is arguably consistent with the nature of IP rights, which are granted by each individual nation as an act of sovereignty and are strictly territorial in effect; while its impact will vary with other trade conditions (relative exchange rates, for example) and across different categories of goods, a strict territorial approach can serve as a barrier to free movement of goods and cause IP rights to act as private trade barriers.Opposed to the territorial principle is the historically more widely applied principle of international exhaustion. Under this version of the doctrine a sale by or under the authority of an IP Owner anywhere exhausts its right under all counterpart IP anywhere in the world. This doctrine has always seemed difficult to reconcile with the underlying systems of national IP rights but avoids the practical problems and trade barriers of a territorial principle.Court decisions in the last few years in three major trading areas -- the EU, Japan and the US – have rejected a strict international application of the exhaustion doctrine for some forms of IP, with the result that sales of some products by an IP Owner outside Country or trading region A do not necessarily prevent the owner from using Country A IP rights to prevent imports or sales there. This is an issue which the major international trade treaties leave to individual signatories’ local law. Subject to possible limits imposed by competition laws in what will probably be relatively rare cases, IP Owners in these three major trading areas may, with greater or lesser effort, now restrict parallel trade and discriminate in sale of some goods between markets with different levels of pricing.These recent decisions, while suggesting some degree of convergence among the three trading areas, do not necessarily correlate closely with the notion suggested by Guzman* (in connection with competition laws) that such legal regimes should be supported by net exporting nations, not net importers. It is possible that as the implications of these decisions become clearer and their possible effects more evident, they will eventually lead to further consideration and possibly further international trade negotiations on the subject of parallel imports.
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Bevan, Chris. "THE DOCTRINE OF BENEFIT AND BURDEN: REFORMING THE LAW OF COVENANTS AND THE NUMERUS CLAUSUS “PROBLEM”." Cambridge Law Journal 77, no. 1 (2018): 72–96. http://dx.doi.org/10.1017/s0008197318000065.
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AbstractThe doctrine of benefit and burden – an indirect method for enforcing the burden of positive freehold covenants – developed as an exception the strict Austerberry rule that the burden of positive covenants cannot bind successors directly at law. Three recent Court of Appeal cases (Davies v Jones; Wilkinson v Kerdene and Elwood v Goodman) confirm the continued existence and application of the doctrine but also reveal its deficiencies and limitations. This article explores the contemporary application of the doctrine, identifies its theoretical, historical and elemental frailty and, drawing on recent reform proposals of the Law Commission, highlights the case for reform. In so doing, this article argues that a vital theoretical issue has been overlooked in the reform debate: the numerus clausus principle.
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Wu, Shunxiang, David J. Walker, and Merlyn A. Brusven. "Economic and Environmental Impacts of Planting Flexibility and Conservation Compliance: Lessons from the 1985 and 1990 Farm Bills for Future Farm Legislation." Agricultural and Resource Economics Review 26, no. 2 (1997): 216–28. http://dx.doi.org/10.1017/s1068280500002689.
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The interaction of the planting flexibility and conservation compliance provisions from the 1985 and 1990 farm bills was evaluated using an integrated systems model. Results showed that flex and compliance policy in combination reduced net returns and government costs, diluted environmental benefits of conservation compliance, and increased grower responsiveness to market signals, compared with conservation compliance alone. Strict compliance and higher flex levels were the most detrimental to farm income and environmental goals. Decoupling in current and future policy proposals will promote conservation goals. Budgetary reductions in future farm policy could reduce conservation incentives.
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Nwafor, Anthony O., and Chinwe Kate Okoli. "The corporate opportunity doctrine – An inflexible or flexible rule." Corporate Board role duties and composition 9, no. 2 (2013): 22–39. http://dx.doi.org/10.22495/cbv9i2art3.
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The corporate opportunity doctrine is often seen as a prophylactic rule of strict ethic which is inflexibly applied in enforcing the fiduciary duties owed by directors to their companies. A close examination of some of the cases in which the rule has been applied, however, reveals that apart from the general restatement of the rule by the courts, the actual application of the rule in those cases are reflections of the peculiarities of the individual cases. The paper argues that a flexible approach is more realistic and enjoins the courts in interpreting and applying the various provisions of the statute that have codified this rule, to lean more on those decisions that reflect sensitivity to the peculiarities of the cases.
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Reichman, Jerome H. "Compliance of Canada’s Utility Doctrine with International Minimum Standards of Patent Protection." Proceedings of the ASIL Annual Meeting 108 (2014): 313–17. http://dx.doi.org/10.5305/procannmeetasil.108.0313.
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Shih, Chih-yu. "Talking American, Acting Taiwanese Behind Taipei’s Complete Compliance of the Bush Doctrine." Asian Perspective 27, no. 4 (2003): 79–110. http://dx.doi.org/10.1353/apr.2003.0004.
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Arenson, Kenneth J. "Thabo Meli Revisited: The Pernicious Effects of Result-Driven Decisions." Journal of Criminal Law 77, no. 1 (2013): 41–55. http://dx.doi.org/10.1350/jcla.2013.77.1.817.
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Despite the hackneyed expression that ‘judges should interpret the law and not make it’, the fact remains that there is some scope within the separation of powers doctrine for the courts to develop the common law incrementally. To this extent, the courts can effectively legislate, but only to this limited extent if they are to respect the separation of powers doctrine. On occasion, however, the courts have usurped the power entrusted to Parliament, and particularly so in instances where a strict application of the existing law would lead to results that offend their personal notions of what is fair and just. When this occurs, the natural consequence is that lawyers, academics and the public in general lose respect for both the judges involved as well as the adversarial system of criminal justice. In order to illustrate this point, attention will focus on the case of Thabo Meli v United Kingdom in which the Privy Council, mistakenly believing that it could not reach its desired outcome through a strict application of the common law rule of temporal coincidence, emasculated the rule beyond recognition in order to convict the accused. Moreover, the discussion to follow will demonstrate that not only was the court wrong in its belief that the case involved the doctrine of temporal coincidence, but the same result would have been achieved had the Council correctly identified the issue as one of legal causation and correctly applied the principles relating thereto.
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Gardner, Richard N. "Neither Bush nor the “Jurisprudes”." American Journal of International Law 97, no. 3 (2003): 585–90. http://dx.doi.org/10.2307/3109843.
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Relations between the United States and most other countries, including major U.S. allies, have been severely strained during the past year by divergent opinions about the rules of international law governing the use of armed force. On the one side, the Bush administration has unveiled a new strategic doctrine asserting the right to use force preemptively against any country or terrorist group that could potentially threaten U.S. security. On the other side, most UN members have rejected the Bush doctrine as inconsistent with the traditional view that armed force can only be used when authorized by the Security Council or in self-defense against an armed attack. I will argue that neither the new Bush doctrine nor the strict interpretation of the “jurisprudes” represents good law or good policy. The new strategic environment, marked by suicidal terrorists and the spread of mass destruction weapons, requires a different approach.
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Sheliazhenko, Yurii. "Against the Odds: Protection of Economic, Social, and Cultural Rights by the Constitutional Court of Ukraine." Constitutional Review 6, no. 1 (2020): 67. http://dx.doi.org/10.31078/consrev613.
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The article traces historical development, doctrine, and impact of constitutional review in Ukraine related to matters of social justice. It is shown that international review of Ukraine’s reports on observance of human rights obligations indicated a low level of compliance during the absence of independent constitutional review by the judiciary. After the establishment of the constitutional review, the compliance was improved against all doubts, whether socio-economic rights are justiciable in the Ukrainian context, and whether the judges are empowered enough to reshape authoritarian policies. Constitutional Court of Ukraine developed a doctrine of social justice based on the values of the rule of law, liberty, and equality, founding a pragmatic balance between the imperatives of individual freedom and economic security. In legal reasoning, judges implemented ideas of the human-centered state and personal autonomy in civil society, close to liberal democratic views, expressed by framers of the Constitution of Ukraine.
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Rubin, Peter J. "Reconnecting Doctrine and Purpose: A Comprehensive Approach to Strict Scrutiny after Adarand and Shaw." University of Pennsylvania Law Review 149, no. 1 (2000): 1. http://dx.doi.org/10.2307/3312847.
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Bauer, Nichole M., Jeong Hyun Kim, and Yesola Kweon. "Women Leaders and Policy Compliance during a Public Health Crisis." Politics & Gender 16, no. 4 (2020): 975–82. http://dx.doi.org/10.1017/s1743923x20000604.
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AbstractHow does the gender of a political leader affect policy compliance of the public during a public health crisis? State and national leaders have taken a variety of policy measures to combat the COVID-19 pandemic, with varying levels of success. While many female leaders have been credited with containing the spread of COVID-19, often through implementing strict policy measures, there is little understanding of how individuals respond to public health policy recommendations made by female and male leaders. This article investigates whether citizens are more willing to comply with strict policy recommendations about a public health issue when those recommendations are made by a female leader rather than a male leader. Using a survey experiment with American citizens, we compare individuals’ willingness to comply with policy along three dimensions: social distancing, face covering, and contact tracing. Our findings show that a leader's gender has little impact on policy compliance in general during the pandemic. These findings carry important implications for successful crisis management as well as understanding how a crisis in a nonmasculine issue context influences the effectiveness of a leader's ability to implement measures to mitigate the crisis.
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Alexander, Michael R., Duane M. Kirking, and Katherine A. Baron. "Utilization of Electronic Infusion Devices in a University Hospital." Drug Intelligence & Clinical Pharmacy 21, no. 7-8 (1987): 630–33. http://dx.doi.org/10.1177/1060028087021007-813.
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Use of large-volume electronic infusion devices (EID) in an adult general hospital was compared with an established protocol to determine compliance. Data were collected during seven widely spaced inspections of the facility. Forty-six percent of 962 EID were observed to be employed inappropriately. Compliance was nearly identical for both pumps and controllers and for intensive care and non-intensive care areas. Four reasons for employing EID accounted for 48 percent of all inappropriate use. An estimated annual savings of $178 000 to $460 000 might be realized through strict protocol compliance.
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de Navascués, Patricio. "Nota a Ireneo, Adversus Haereses 1, 1, 1." Augustinianum 59, no. 1 (2019): 217–21. http://dx.doi.org/10.5840/agstm201959110.
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At the beginning of Irenaeus of Lyons’ Adversus Haereses, the doctrine of the Valentinian Ptolemy is presented using terms from the semantic field of time and eternity, which were undergoing a semantic evolution in contemporary Middle Platonic philosophy. These allow us to identify three phases, from a chronological point of view, at the beginning of the Valentinian myth: strict, supra-durational, eternity – eternity of indefinite duration – moment ante tempus.
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Benedskaya, O. A. "Arbitration and compliance verification." Actual Problems of Russian Law, no. 4 (May 30, 2019): 70–79. http://dx.doi.org/10.17803/1994-1471.2019.101.4.070-079.
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The article is devoted to the analysis of arbitration proceedings in the context of its participation in the implementation of judicial regulatory compliance verification. The fact that the arbitration court is bound by the requirement of legality and the need to implement casual regulatory control in accordance with the existing conflict of laws rules is substantiated based on the idea of the universal nature of the constitutional imperative of the rule of law and the Constitution of the Russian Federation and the understanding of the threefold nature of the arbitration court that combines social and jurisdictional, self-regulatory (law-forming) and mediation (conciliation) principles. At the same time, the legal nature of the arbitration proceedings should, in the author’s opinion, be disclosed not in a formal dogmatic manner or through commitment to the requirements of legal discipline as strict as in the state court, but on the basis of judicial activism and development of law in the context of social and business practice. The arbitration court may act contra legem to enhance the protection of the rights of the parties to the proceedings based on general, constitutional and sectoral principles of law. Faced with the applicable rule that violates the Constitution of the Russian Federation, the arbitration court must have the right to request the Constitutional Court of the Russian Federation (also in the form of a request obligation, if the decision of the arbitration court is final).
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Boughey, Janina. "Re-Evaluating the Doctrine of Deference in Administrative Law." Federal Law Review 45, no. 4 (2017): 597–625. http://dx.doi.org/10.22145/flr.45.4.6.
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It is frequently said that Australian administrative law does not have, and cannot accommodate, a doctrine of deference. These statements, from judges and commentators, tend to cite the High Court's decision in Corporation of the City of Enfield v Development Assessment Commission1 as authority. In that case, the High Court of Australia indicated that Australia's strict separation of powers, as manifested by the legality/merits distinction, does not allow courts to defer to administrative bodies in determining the meaning of ambiguous statutory provisions. Since Enfield, there have been considerable developments in the application, and theorisation, of deference across the common law world. This article examines developments in the UK and Canada, and argues that they show that there is no single ‘doctrine’ of deference – deference is applied in administrative law in a range of ways. I argue that some of the ways in which Canadian and UK courts apply deference are not dissimilar from the principles Australian courts already apply in reviewing executive action. I argue that Australian law may benefit from greater attention to, and wider application of, these deferential principles, in order to curb judicial intrusion into administrative discretion.
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Chu, Marcus P. "Strict Compliance!: Chinese Careful Conformity and the Guangzhou Bid for the Asian Games." International Journal of the History of Sport 30, no. 10 (2013): 1059–70. http://dx.doi.org/10.1080/09523367.2013.787529.
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Popov, L. L. "Essay on the Doctrine of Administrative Procedure." Lex Russica, no. 6 (July 5, 2021): 11–22. http://dx.doi.org/10.17803/1729-5920.2021.175.6.011-022.
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The paper elucidates the history and current state of the administrative procedure doctrine, the idea of the structure of the administrative procedural code of the Russian Federation, shows the role Prof. Nadezhda G. Salishcheva and Prof. Valentin D. Sorokin plaid in the development of the theory of administrative procedure. The author highlights that the first link of administrative procedural activity and the structure of administrative procedural law have been created. The second link, namely, the creation of the Administrative Procedural Code of the Russian Federation has been completed. The third link that involves the recognition by the legal scientific community of the fact that, in the system of Russian law, administrative procedural law does exist, has taken place. And, according to strict logic, there is a need for the fourth final link in the system of administrative procedural activity, namely: the creation of an all-Russian system of administrative courts, which will require a financial basis, the availability of human resources and a modern digital infrastructure, including a unified all-Russian database of citizens and organizations brought to administrative responsibility qualified according to the constituent entity of the Russian Federation and fields (areas) of management, high-speed Internet connection with all local jurisdictional authorities. And as we can see, the system of administrative courts will meet the needs of two branches of state power — the executive branch and the judiciary.The author expresses the wish that curious scientists — administrative law experts — appear in Russian science, who would be interested in the considered scientific issue that constitutes an interesting and very important problem and proceeds researching the theory, legislation and practice of the administrative procedure.
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Palombino, Fulvio Maria. "Italy’s Compliance With ICJ Decisions vs. Constitutional Guarantees: does the “Counter-limits” Doctrine matter?" Italian Yearbook of International Law Online 22, no. 1 (2013): 185–200. http://dx.doi.org/10.1163/22116133-02201009.
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One of the most common obstacles to the domestic enforcement of international decisions is represented by the presence of a constitutional impediment. Indeed, most national constitutions, though open to international law, can prevent the implementation of an international decision, insofar as the latter conflicts with the basic principles of the constitutional order. This article argues that in such cases it is necessary to preserve a space where the State continues to retain full sovereignty and whose protection acts as an unbreakable “counter-limit” to the limitations deriving from the international legal order (“counter-limits” doctrine). Yet recent judicial and legislative practice in Italy concerning the implementation of the ICJ decision in Jurisdictional Immunities of the State seem to overlook the need to preserve this “space”. As a consequence, certain fundamental constitutional guarantees, such as the right of access to justice, the rule of res judicata and the principle of non-retroactivity of the law, have inescapably ended up being compromised.
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Majid, Noor Diana Abdul, Azmi Mohd Shariff, and Nurul Azzah Mohd Zaki. "Compliance of Hot Work Permit to Process Safety Management (PSM) Regulation." Applied Mechanics and Materials 625 (September 2014): 418–21. http://dx.doi.org/10.4028/www.scientific.net/amm.625.418.
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Work permit is something not to take lightly because it involved non-routine work such as hot work which failure to comply with the work permit procedures could resulted in large-scale loss of life and/or property. Investigations by Chemical Safety Board (CSB) have reported 60 fatal hot work accidents in about 20 years in the USA though hot work permits were issued for all operations. No matter how simple the procedure and work permit forms are, it is the strict application of the procedures and practices associated with the assessment of risk and application of permit to work conditions that ensures work can be done safely. A model for hot work permit that is incompliance with the Process Safety Management (PSM) regulations requirements is introduced that includes necessary fire preventive actions to be taken. In addition, a few existing hot work permits were studied to verify this model. It was found that the model required more information to safeguard an effective hot work permit system and better compliance with the PSM regulation. In addition, the model is also more precise, adaptable, user-friendly and easier to comprehend. As a conclusion, the model created could improve the conventional hot work permitting system. To ensure that the permit is more strict and effective hot work permitting system, a more sophisticated coding and software could be further expanded.
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Suhendar, Dadang, and Dani Rahman Hakim. "Taxpayer Compliance Based on Awareness and Policy." Accounting Analysis Journal 10, no. 1 (2021): 18–24. http://dx.doi.org/10.15294/aaj.v10i1.42043.
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This study examines the effect of tax policy aspects and awareness on taxpayer compliance in Kuningan Regency. The policy aspects in this study have manifested by tax sanction and Fiscus service quality. This study uses questionnaires which have distributed by random sampling technic. By using the multiple linear regression analysis, this study reveals that tax sanctions, Fiscus service quality, and taxpayer awareness positively affect taxpayer compliance. Aspects of government policy in tax sanctions are more significant than taxpayers' awareness to affect taxpayer compliance. It means that strict tax sanctions have been necessary accompanied by improving the Fiscus services quality as part of the tax services paradigm. This study can be used as a reference to reexamine the determinants of taxpayer compliance, especially in areas with the same characteristics as the object of this study. Future research is expected to examine the equilibrium between economic and non-economic variables more deeply in increasing taxpayer compliance. It is essential because which variable most determines taxpayer compliance is still unclear, whether theoretically or practically.
 Keywords: Awareness, Compliance, Taxpayers, Fiscus Services Quality
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Fedorova, Yu E. "‘KA‘BAH’ OF ACT AND KNOWLEDGE: ANALYSIS OF THE ETHICAL VIEWS OF HASSAN AL-BASRY (642–768)." Islam in the modern world 14, no. 4 (2019): 69–80. http://dx.doi.org/10.22311/2074-1529-2018-14-4-69-80.
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The article deals with investigation of a number of stories about Hasan al-Basri, a great preacher and a major representative of the zuhd movement (‘detachment’) in early Islam. These stories are gathered in anthology ‘Memorial of God’s Friends’ (Tadhkirat al-Awliya’) of the major Persian poet and Sufi thinker of XII–XIII centuries Farid ad-Din ‘Attar Nishaburi. The author provides a brief overview of the ethical ideas of Hasan al-Basri and explores the origins of his ethical doctrine. Hasan al-Basri followed the principle of strict responsibility. He was the forerunner of the Mu‘tazilite doctrine of the autonomy of human will. The focus of the article are the main themes of Hasan al-Basri’s ethical doctrine, such as: longing for higher virtues (sincerity, righteousness, piety, humility), the requirement to follow religious instructions, the overcoming attachments to the mortal world, the critique of wealth and the sermon of asceticism, etc. A detailed analysis of the stories about Hasan al-Basri and his statements allows to conclude, that there numerous ideas in his worldview later will take the form of developed Sufi ethical doctrine. The article shows, that all events from the life of Hasan al-Basri, from his birth to death, should be read and understood in the framework of his spiritual progress along a Sufi path.
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Berson, Josh. "The Dialectal Tribe and the Doctrine of Continuity." Comparative Studies in Society and History 56, no. 2 (2014): 381–418. http://dx.doi.org/10.1017/s0010417514000085.
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AbstractIn Australia, applicants for native title—legal recognition of proprietary interest in land devolving from traditions predating colonization—must meet a stringent standard of continuity of social identity since before the advent of Crown sovereignty. As courts and the legislature have gravitated toward an increasingly strict application of the continuity doctrine, anthropologists involved in land claims cases have found themselves rehearsing an old debate in Australian anthropology over the degree to which post-contact patterns of subsistence, movement, and ritual enactment can support inferences about life in precontact Australia. In the 1960s, at the dawn of the land claims era, a handful of anthropologists shifted the debate to an ecological plane. Characterizing Australia on the cusp of colonization as a late Holocene climax human ecosystem, they argued that certain recently observed patterns in the distribution of marks of social cohesion (mutual intelligibility of language, systems of classificatory kinship) could not represent the outcome of such a climax ecosystem and must indicate disintegration of Aboriginal social structures since contact. Foremost among them was Joseph Birdsell, for whom linguistic boundaries, under climax conditions, would self-evidently be congruent with boundaries in breeding pools. Birdsell's intervention came just as the Northern Territory Supreme Court was hearing evidence on the value of dialect as a marker of membership in corporate landholding groups in Yolngu country, and offers an object lesson in how language, race, mode of subsistence, and law come together in efforts to answer the questions “Who was here first?” and “Are those people still here?”
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Juruś, Dariusz. "Libertarny radykalizm." Filozofia Publiczna i Edukacja Demokratyczna 3, no. 1 (2018): 45–58. http://dx.doi.org/10.14746/fped.2014.3.1.3.
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In the paper I identify foundations of radical libertarianism, which could be called libertarianism in a sensu stricto. This sense is perceived from the Rothbardian’s perspective, whose theory of property is pivotal for our considerations. Murray N. Rothbard claims that property rights, which are derived from the principle of self-possession, are absolute. The absoluteness of property rights is the core of our standpoint. We argue that to define libertarianism in a strict sense we need also, as supportive elements: (i) the doctrine of natural rights, on the ethical level; (ii) the Austrian theory of economy, on the level of economics; and (iii) individualistic anarchism, on a political level. We believe that the absolute right to property and these three theories can be considered as a coherent theory which we can call libertarianism in a strict sense.
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Voorhoeve, Maaike. "Judicial Practice at the Court of First Instance Tunis: The Case of Divorce for Harm on the Grounds of Domestic Violence." HAWWA 10, no. 3 (2012): 151–78. http://dx.doi.org/10.1163/15692086-12341235.
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Abstract Tunisian personal status law is internationally known for its “progressive” character. Nevertheless, it is argued in Tunisian doctrine that judicial practice is characterised by “conservatism,” and that judges apply sharia and “custom” instead of or at least together with legislation. This article examines the practices at the Court of First Instance Tunis in divorce cases where the wife accuses her husband of domestic violence. It is demonstrated that strict evidence requirements applied by judges prevent most women from obtaining divorce for harm (darar), a type of divorce that has large financial advantages for the wife. However, the material does not indicate that judges simply apply sharia or “custom”: judges argue that strict evidence requirements are necessary in the light of their experience with numerous false accusations. Moreover, judges do take accusations of domestic violence into consideration in other types of divorce.
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Schironi, Francesca. "ΕΝ ΑΡΧΗΙ ΗΝ Ο ΛΟΓΟΣ: THE LONG JOURNEY OF GRAMMATICAL ANALOGY". Classical Quarterly 68, № 2 (2018): 475–97. http://dx.doi.org/10.1017/s000983881900017x.
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Grammar as a discipline devoted to the study of language was greatly advanced by the Alexandrian philologists, and especially by Aristarchus, as demonstrated by Stephanos Matthaios. In order to edit Homer and other literary authors, whose texts were often written in archaic Greek and presented many linguistic problems, the Alexandrians had to recognize linguistic grammatical categories and declensional patterns. In particular, to determine the correct orthography or accentuation of debated morphological forms they often employed analogy, which is generally defined as the doctrine that grammatical forms must follow strict rules of declension. Modern scholars have often opposed the Alexandrian doctrine of analogy to the Pergamene doctrine of ‘anomaly’, which favoured spoken usage to determine debated forms. Detlev Fehling and David Blank, however, have shown that this strong opposition never really existed and it is mostly due to Varro. More correctly, ancient grammarians identified inflectional rules as well as forms derived from spoken usage or otherwise aberrant forms—however, respect for spoken usage in the latter case was not labelled ‘anomaly’, which was never a technical term of ancient grammar. Rather, and especially in the Roman period, grammarians used the term ‘pathology’ to account for and explain irregular forms.
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Wysong, Mark, and Jean Landals. "New software allows Weyerhaeuser to master chemical safety compliance." Forestry Chronicle 75, no. 5 (1999): 861–62. http://dx.doi.org/10.5558/tfc75861-5.
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Like most forest products companies, Weyerhaeuser Canada Ltd. uses chemicals in its daily operations and must comply with strict government regulations concerning how chemical hazards are communicated to employees. To improve its management of this chemical information, the company recently switched from a system of cataloguing reams of paper Material Safety Data Sheets (MSDS) by hand to a software-based system. The new MSDS system has greatly improved employee access to vital MSDS information. Now, all Weyerhaeuser employees can retrieve electronic MSDS information quickly and easily from their own workstations. The new software has enabled Weyerhaeuser to avoid costly fines and has cut emergency response time down to nearly two minutes. Key words: hazard communication, WHMIS, material safety data sheet (MSDS), chemical management software
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Mac-Gregor, Eduardo Ferrer. "Conventionality Control the New Doctrine of the Inter-American Court of Human Rights." AJIL Unbound 109 (2015): 93–99. http://dx.doi.org/10.1017/s2398772300001240.
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One of the most recent and most effective efforts of the Inter-American Court of Human Rights (Inter-American Court) to increase the level of compliance with the American Convention on Human Rights (ACHR) has been the creation of the “conventionality control” doctrine. The Inter-American Court describes this as a “mechanism for the application of International Law,” mainly “International Human Rights Law, and specifically the American Convention and its sources, including this Court’s jurisprudence.”
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Nwafor, Anthony O. "Corporate Criminal Responsibility: A Comparative Analysis." Journal of African Law 57, no. 1 (2013): 81–107. http://dx.doi.org/10.1017/s0021855312000162.
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AbstractThis article focuses on the extent of a company's responsibility for the criminal conduct of its employees. It considers the initial reluctance of common law courts to hold corporations criminally responsible for offences requiring mens rea, a mental element not found in artificial persons. The courts overcame this initial difficulty with recourse to the identification doctrine, which seeks to attribute to a company the fault of certain of its officers. However, the restrictiveness and inconsistencies embodied in the various judicial statements of that doctrine precipitated recourse in some jurisdictions to civil law concepts, such as respondeat superior, vicarious liability and even strict liability, to found corporate criminal responsibility. The need to streamline the scope of, if not enhance, corporate criminal liability, has engendered statutory reforms in some jurisdictions. The article considers reforms in Australia, the UK, Canada and the USA, in comparison with the situation in South Africa and Lesotho.