Legislation as Legal Interpretation: The Role of Legal Expertise and Political Representation

2022 ◽  
pp. 33-56
Author(s):  
Attila Mráz
Keyword(s):  
Political Representation ◽  
Legal Interpretation ◽  
Legal Expertise

scholarly journals Can Mandated Political Representation Increase Policy Influence for Disadvantaged Minorities? Theory and Evidence from India

2003 ◽  
Vol 93 (4) ◽  
pp. 1132-1151 ◽  
Author(s):  
Rohini Pande
Keyword(s):  
Policy Making ◽  
Political Representation ◽  
Representative Democracy ◽  
Indian States ◽  
Basic Premise ◽  
Policy Influence ◽  
Disadvantaged Groups ◽  
Institutional Features

A basic premise of representative democracy is that all those subject to policy should have a voice in its making. However, policies enacted by electorally accountable governments often fail to reflect the interests of disadvantaged minorities. This paper exploits the institutional features of political reservation, as practiced in Indian states, to examine the role of mandated political representation in providing disadvantaged groups influence over policy-making. I find that political reservation has increased transfers to groups which benefit from the mandate. This finding also suggests that complete policy commitment may be absent in democracies, as is found in this case.

Societal discontent will increase in Bahrain

2021 ◽  
Keyword(s):  
Large Scale ◽  
Political Representation ◽  
Social Protest ◽  
Small Scale ◽  
Content Type ◽  
High Profile ◽  
Arab Uprisings ◽  
Base Level

Significance Although large-scale social protest in Bahrain has been cowed over the ten years since the ‘Arab uprisings’, small-scale demonstrations recur, reflecting a base level of discontent. Mobilising issues include economic pressures, limited political representation (especially of the Shia majority) and, most recently, ties with Israel. Impacts Despite protests, Israel’s and Bahrain’s respective ambassadors will keep up high-profile activity and statements. The authorities are likely to exaggerate the role of Iranian interference in order to deepen the Sunni-Shia divide. If Riyadh manages to extricate itself from the Yemen war, that could partly reduce the pressure on Manama.

scholarly journals The Theory of Interpretation in Solving Contemporary Legal Issues: With A Focus on the Instrument of Ijtihad

2018 ◽  
Vol 150 ◽  
pp. 05056
Author(s):  
Abdulrahman M.A.Albelahi ◽  
A. Ali ◽  
Faten Mohmed ◽  
Metwally Ali
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Legal Issues ◽  
Legal Interpretation ◽  
Way Of Life ◽  
Essential Question ◽  
Judicial Reasoning ◽  
The Law ◽  
Law And Legislation

Since the beginning, legal theory has concerned itself with the establishment of principles and precepts that govern the procedure of legal interpretation, from the initial stages of the judicial reasoning down to the promulgation of ruling and their implementation, Islam is a total way of life. Muslims are obliged to abide by the rules of Allah in every aspect of their lives, always and wherever they live. However, the actual rules of Allah as given in the Qur’an and the sunna are limited. The Qur’an contains only six hundred verses directly related to laws, and there are approximately two thousand hadiths. The function of interpretation is to discover the intention of the Lawmaker of the matter, therefore, interpretat primarily concerned with the discovery of that which is rot self-evident the objective of interpretation is to ascertain the intention c the Lawmaker with regard to what has been left unexpressed as a matter of necessary interference from the surrounding circumstances. Sometimes, the textual sources did not provide detailed guidelines in which to derive the law, and then the role of interpretation is important to determine the law. In Islamic law the role of Ijtihad undoubtedly important in order to meet new problems. But some of the Jurist contended that the role of Ijtihad had ended and we have to follow the rule that has been stated. An explanation given to this trend is that a point had been reached at which all essential question of law had been thoroughly discussed and further deliberation was deemed unnecessary. In Common law, man-made law and legislation are related to one another within a philosophy of law. Parliament makes law and it is the duty of the courts to give effect to them if properly enacted. While courts may rule that a particular statute or section is invalid for various reasons such as unconstitutionality, they cannot say, "We shall change this Act because it is not appropriate". That function belongs to Parliament (Wu Min Aun 1990: 120). So as in Islamic law, the Lawmaker is Allah S.w.t and the sacred text (Quran) is legislated due to His intention whereas Sunnah of the Prophet Muhammad is enacted due to the Prophet's intention. Therefore, Ulama of Usul Fiqh, in making any Ijtihad, they are du y bound to be guided by Quran and Sunnah.

Diminished Parties

2021 ◽  
Keyword(s):  
Political Parties ◽  
Comparative Politics ◽  
Political Representation ◽  
Party Systems ◽  
Analytical Tool ◽  
Future Research ◽  
Developing Democracies ◽  
Party Organizations ◽  
Definition Of

Many contemporary party organizations are failing to fulfill their representational role in contemporary democracies. While political scientists tend to rely on a minimalist definition of political parties (groups of candidates that compete in elections), this volume argues that this misses how parties can differ not only in degree but also in kind. With a new typology of political parties, the authors provide a new analytical tool to address the role of political parties in democratic functioning and political representation. The empirical chapters apply the conceptual framework to analyze seventeen parties across Latin America. The authors are established scholars expert in comparative politics and in the cases included in the volume. The book sets an agenda for future research on parties and representation, and it will appeal to those concerned with the challenges of consolidating stable and programmatic party systems in developing democracies.

The Role of Mass Media in Women's Participation in 2013 Kenya General Election

2016 ◽  
pp. 250-270
Author(s):  
Thomas Ibrahim Okinda
Keyword(s):  
Media Coverage ◽  
Political Representation ◽  
General Election ◽  
Political Rights ◽  
Women Candidates ◽  
Women's Participation ◽  
The Media ◽  
And Performance ◽  
Free Media

This chapter assesses the role and performance of the Kenyan media in women's participation in 2013 Kenya general election with particular emphasis on radio, television and newspapers. Kenya has a diverse, vibrant and largely free media whose coverage of the election was useful in informing, educating and mobilizing women to vote. However, limited and biased media coverage of women candidates, inadequate civic and voter education may have inhibited women's electoral participation as few women contested and won electoral seats in the 2013 Kenyan polls. Therefore, the media should enhance the visibility of women, political rights and issues of women as the country endeavours to enhance gender equality in political representation. To achieve this, the media should partner with women, the electoral body, government, political parties and other stakeholders in Kenya in order to improve women's media coverage and political participation.

10. Gender and Democratization

2009 ◽  
Author(s):  
Pamela Paxton
Keyword(s):  
Political Participation ◽  
Political Representation ◽  
Descriptive Representation ◽  
Women's Suffrage ◽  
Substantive Representation ◽  
Democratic Representation ◽  
The World ◽  
Role Of Women ◽  
Women’S Suffrage

This chapter examines the role of gender in democracy and democratization. It first considers how gender figures in definitions of democracy, noting that while women may appear to be included in definitions of democracy, they are often not included in practice. It then explores women’s democratic representation, making a distinction between formal, descriptive, and substantive representation. Women’s formal political representation is highlighted by focusing on the fight for women’s suffrage, whereas women’s descriptive representation is illustrated with detailed information on women’s political participation around the world. Finally, the chapter discusses the role of women in recent democratization movements around the world.

10. Gender and Democratization

2018 ◽  
pp. 158-170
Author(s):  
Pamela Paxton ◽  
Kristopher Velasco
Keyword(s):  
Political Participation ◽  
Political Representation ◽  
Descriptive Representation ◽  
Women's Suffrage ◽  
Substantive Representation ◽  
Democratic Representation ◽  
The World ◽  
Role Of Women ◽  
Women’S Suffrage

This chapter examines the role of gender in democracy and democratization. It first considers how gender figures in definitions of democracy, noting that while women may appear to be included in definitions of democracy, they are often not included in practice. It then explores women’s democratic representation, making a distinction between formal, descriptive, and substantive representation. Women’s formal political representation is highlighted by focusing on the fight for women’s suffrage, whereas women’s descriptive representation is illustrated with detailed information on women’s political participation around the world. Finally, the chapter discusses the role of women in recent democratization movements around the world.

The Role of Mass Media in Women's Participation in 2013 Kenya General Election

2020 ◽  
pp. 528-548
Author(s):  
Thomas Ibrahim Okinda
Keyword(s):  
Media Coverage ◽  
Political Representation ◽  
General Election ◽  
Political Rights ◽  
Women Candidates ◽  
Women's Participation ◽  
The Media ◽  
And Performance ◽  
Free Media

This chapter assesses the role and performance of the Kenyan media in women's participation in 2013 Kenya general election with particular emphasis on radio, television and newspapers. Kenya has a diverse, vibrant and largely free media whose coverage of the election was useful in informing, educating and mobilizing women to vote. However, limited and biased media coverage of women candidates, inadequate civic and voter education may have inhibited women's electoral participation as few women contested and won electoral seats in the 2013 Kenyan polls. Therefore, the media should enhance the visibility of women, political rights and issues of women as the country endeavours to enhance gender equality in political representation. To achieve this, the media should partner with women, the electoral body, government, political parties and other stakeholders in Kenya in order to improve women's media coverage and political participation.

Arbitrator acceptability in international commercial arbitration

2016 ◽  
Vol 27 (3) ◽  
pp. 379-397 ◽  
Author(s):  
Yongkyun Chung ◽  
Hong-Youl Ha
Keyword(s):  
Reliability And Validity ◽  
Commercial Arbitration ◽  
Content Type ◽  
International Commercial Arbitration ◽  
Analytic Process ◽  
Selection Research ◽  
The Relationship ◽  
Legal Expertise ◽  
Perceived Costs

Purpose The purpose of this paper is to identify the determinants of arbitrator acceptability and investigate whether the perceived costs of arbitration moderate the relationship between arbitrator acceptability and arbitrator characteristics in international commercial arbitration. Design/methodology/approach A two-stage analytic process is used to test the dimensionality, reliability and validity of each construct and then the proposed hypotheses. Findings The findings show that the five constructs of arbitrator characteristics – reputation, practical expertise, legal expertise, experience and procedural justice – statistically significantly explain arbitrator acceptability. Moreover, perceived cost of arbitration moderates the relationship between arbitrator acceptability and arbitrator characteristics. However, the moderating effect of perceived costs of arbitration is not equal across characteristics. Research limitations/implications Knowledge regarding potential moderators of the strength of the indicators of arbitrator acceptability will be useful to future researchers in determining which variables to study in arbitrator selection research. Practical implications Useful guidelines in the selection of an international arbitrator are proposed. Originality/value This study contributes to arbitrator acceptability literature through the suggestion of a hypothesized model of arbitrator acceptability with auxiliary hypothesis of reputation in international contexts. In addition, this study investigates the moderating role of perceived cost of arbitration on the relationship between arbitrator acceptability and arbitrator characteristics.

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