scholarly journals Paving the Way for Effective Socio-economic Rights? The Domestic Enforcement of the European Social Charter System in Light of Recent Judicial Practice

2021 ◽  
pp. 99-121
Author(s):  
Nikolaos A. Papadopoulos
Keyword(s):  
Economic Rights ◽  
Judicial Practice ◽  
The Way

Democracy and Economic Rights

1992 ◽  
Vol 9 (1) ◽  
pp. 29-61 ◽  
Author(s):  
Jan Narveson
Keyword(s):  
Political Institutions ◽  
Social Institutions ◽  
The State ◽  
Economic Democracy ◽  
Economic Rights ◽  
Worker Participation ◽  
Selling Point ◽  
Means Of Production ◽  
The Way

We have long been accustomed to thinking of democracy as a major selling point of Western institutions. That a set of political institutions should be democratic is widely regarded as the sine qua non of their legitimacy. So widespread is this belief that even those whose institutions do not look very democratic to us nevertheless insist on proclaiming them to be such (though the number taking this gambit dropped dramatically around the end of 1989). Meanwhile, an adulatory attitude toward democracy has arisen in many quarters, and many theorists have taken up anew the idea that if democracy is the way to go in political institutions, then it must also be the way to go in “other” areas, notably in economic and social institutions. So there has arisen a call for “economic democracy” — which is taken to mean, especially, that the “means of production” should be managed by their constituent workers in concert rather than by some few who own, or act for the owners of, those enterprises. Robert Dahl, in his influential Preface to Economic Democracy, sums it up nicely when he proclaims a “stronger justification” for worker participation: “If democracy is justified in governing the state, then it must also be justified in governing economic enterprises; and to say that it is not justified in governing economic enterprises is to imply that it is not justified in governing the state.”

Die Unionsgrundrechte unter dem Einfluss des Prozessrechts

2019 ◽  
Author(s):  
Stefan Drechsler
Keyword(s):  
Fundamental Rights ◽  
European Federation ◽  
Economic Rights ◽  
Procedural Law ◽  
Pure Chance ◽  
Judicial Practice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Eu Fundamental Rights ◽  
The Eu

This book analyses the influence of the EU courts‘ procedural law on the EU fundamental rights doctrine, using the example of economic fundamental rights (Articles 15 and 16 of the European Charter of Fundamental Rights). Starting with the judicial practice of the past ten years, the distinction of the scope of various fundamental rights, the depth of scrutiny toward the Union legislator and the position of the economic fundamental rights in relation to other rights are examined. In doing so, the book illustrates the enormous – and heretofore far underestimated – relevance of procedural rules, the parties‘ strategies, and of pure chance for the European Court of Justice’s approach to fundamental rights. The book shows the potential for reform of the EU courts in order for them to meet the justified expectation of an informed and consistent case law on fundamental rights, and presents proposals for a framework of EU economic rights in the European federation.

scholarly journals Punovažnost valutne klauzule nakon stupanja na snagu Zakona o konverziji

2021 ◽  
Vol 69 (1) ◽  
pp. 192-206
Author(s):  
Mirjana Radović
Keyword(s):  
Contract Term ◽  
Judicial Practice ◽  
The Law ◽  
The Way

This paper deals with legality of the currency clause in light of the Law on Conversion of Housing Loans Indexed in Swiss Francs. The first part analyses characteristics of the currency clause, in order to explain effects of its possible illegality on validity of the loan agreement. The author emphasizes inconsistency in the way Serbian courts approach this issue and suggests arguments for treating the loan agreement as being only partially invalid. The second part presents different opinions regarding legality of the Swiss francs currency clause, which is generally treated as an invalid contract term in judicial practice. Thereafter, solutions to the problem of Swiss francs in the Law are examined. It is concluded that conversion is not possible if the original loan agreement was invalid due to an illegal currency clause. Consequently, illegality of the currency clause remains open after entry into force of the said Law.

scholarly journals Gendering the Islamic Judiciary: Female Judges in the Religious Courts of Indonesia

2013 ◽  
Vol 51 (2) ◽  
pp. 247 ◽  
Author(s):  
Euis Nurlaelawati ◽  
Arskal Salim
Keyword(s):  
Family Law ◽  
Judicial Practice ◽  
Muslim Countries ◽  
Disadvantaged Women ◽  
Religious Courts ◽  
The Way ◽  
Islamic Courts

Compared to other Muslim countries, Indonesia has been the forefront, if not the frontrunner, in welcoming women to occupy a position as judges at the Islamic court. Despite few Indonesian women were already sitting at Islamic courtrooms and hearing cases on family law issues as early as in 1960s, it was only in 1989 that Indonesia fully accommodated female judges at the religious courts. From this onwards, female judges were recruited more than ever and began accessing a number of rights and positions like their male counterparts. This paper discusses female judge and women litigants at Islamic courts of Indonesia. This paper not only discusses the way in which women were recruited to be judges at the Indonesian Islamic courts, but also explores some factors leading Indonesian women to engage in the judicial practice. In addition, this paper looks at the way in which female judges exercise their authority to protect rights of disadvantaged women litigants. This paper argues that despite female judges have the same skills in interpreting law as their male colleagues do and that they have to some extent better gender sensitivity, they unfortunately have not maximised utilising these legal skills for the benefits of women litigants.</p><p> [Dibandingkan dengan negara-negara Islam lainnya, Indonesia telah menjadi garda depan –jika tidak disebut pelopor– dalam mengangkat perempuan sebagai hakim di Pengadilan Agama. Meski pada decade 1960-an sejumlah perempuan sudah menduduki jabatan hakim dan telah menyidangkan kasus-kasus keluarga di Pengadilan Agama, hanya pada tahun 1989 pengangkatan perempuan pada Pengadilan Agama ditegaskan secara formal dan legaal oleh pemerintah Indonesia. Sejak saat itu, jumlah hakim perempuan di pengadilan agama meningkat dan mereka memiliki kesemepatan untuk memperoleh hak dan posisi penting di Pengadilan Agama, sejajar dengan hakim laki-laki. Artikel ini mendiskusikan keterlibatan perempuan, baik sebagai hakim maupun pihak yang berperkara, di Pengadilan Agama. Tidak hanya menjelaskan bagaimana perempuan direkrut sebagai hakim di Pengadilan Agama, artikel ini juga mengulas faktor-faktor penting yang mendorong keterlibatan perempuan dalam praktek peradilan. Selain itu, juga dijelaskan peran hakim perempuan dalam melindungi hak para perempuan yang berperkara di pengadilan. Penulis berkesimpulan bahwa meski para hakim perempuan memiliki kompetensi yang sama dalam memutus perkara seperti para hakim laki-laki dan dalam batas tertentu memiliki sensitifitas gender yang lebih kuat ketimbang laki-laki, peran mereka masih terlihat belum maksimal, terutama dalam memberikan perlindungan terhadap pemenuhan hak-hak perempuan.]</p>

The Role of the Russian Constitutional Court in Achieving Certainty of the Criminal Law Prohibition

2020 ◽  
Vol 6 ◽  
pp. 93-100
Author(s):  
Z. А. Magomadova ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
Absolute Certainty ◽  
The Russian Federation ◽  
Legal Meaning ◽  
The Way

The article explores the activities of the Constitutional Court of the Russian Federation as a means of achieving certainty of the criminal law prohibition. Three approaches to «reduce» uncertainty are considered (wherein, the impossibility to reach absolute certainty is proclaimed). The author proposes to distinguish three such approaches enforced by the Constitutional Court: 1) recognize the contested provision as compliant with the Constitution of the Russian Federation (through a «refusal» ruling); 2) to indicate the constitutionality of the norm, while revealing its obligatory legal meaning (thus, correcting not the rule itself, but the practice of its application); 3) to decide the unconstitutionality of the normative act examined in the process of constitutional production in whole or in part. It is argued that the way to «reduce» uncertainty, by adjusting judicial practice, cannot be considered efficient with the preservation of an uncertain norm defective in its core (the criminalization of the act was made unreasonably).

Settlement and mediation in Royal Prussian law. On the example of the court practice of the town Nowe nad Wisłą [New on the Vistula] in the eighteenth century

2016 ◽  
Vol 1 (1) ◽  
pp. 37-43
Author(s):  
Piotr Kitowski
Keyword(s):  
Eighteenth Century ◽  
Early Modern ◽  
18Th Century ◽  
Legal Basis ◽  
Legal Practice ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Town ◽  
Court Practice ◽  
The Way

The mediation and its resulting settlement were widely used in medieval and early-modern court practice. They were used in civil and criminal cases, where the dispute could be overcome by the parties coming to an agreement. The aim of this article is to analyze the normative agreement (legal basis) used in the Royal Prussian area and the solution of local judicial practice (the way of implementing norms in daily legal practice) based on the prevailing law of the Chełm region (ius culmense). Based on the sources of law and materials of the town Nowe nad Wisłą [New on the Vistula], the author presents the reconciliation operation in small, 18th-century, Prussian town.

Self-sacrifice for in-group's history: A diachronic perspective

2018 ◽  
Vol 41 ◽  
Author(s):  
Maria Babińska ◽  
Michal Bilewicz
Keyword(s):  
Clinical Psychology ◽  
Historical Events ◽  
Emotional Events ◽  
Reciprocal Process ◽  
The Way

AbstractThe problem of extended fusion and identification can be approached from a diachronic perspective. Based on our own research, as well as findings from the fields of social, political, and clinical psychology, we argue that the way contemporary emotional events shape local fusion is similar to the way in which historical experiences shape extended fusion. We propose a reciprocal process in which historical events shape contemporary identities, whereas contemporary identities shape interpretations of past traumas.

What is the purpose of cognition?

2020 ◽  
Vol 43 ◽  
Author(s):  
Aba Szollosi ◽  
Ben R. Newell
Keyword(s):  
Infinite Number ◽  
Human Cognition ◽  
The Way

Abstract The purpose of human cognition depends on the problem people try to solve. Defining the purpose is difficult, because people seem capable of representing problems in an infinite number of ways. The way in which the function of cognition develops needs to be central to our theories.

Peculiarity Parameters

1976 ◽  
Vol 32 ◽  
pp. 233-254
Author(s):  
H. M. Maitzen
Keyword(s):  
Magnetic Field ◽  
Magnetic Fields ◽  
Theoretical Work ◽  
Observational Evidence ◽  
Rotator Model ◽  
Peculiar Behaviour ◽  
Field Spectrum ◽  
Oblique Rotator ◽  
Ap Stars ◽  
The Way

Ap stars are peculiar in many aspects. During this century astronomers have been trying to collect data about these and have found a confusing variety of peculiar behaviour even from star to star that Struve stated in 1942 that at least we know that these phenomena are not supernatural. A real push to start deeper theoretical work on Ap stars was given by an additional observational evidence, namely the discovery of magnetic fields on these stars by Babcock (1947). This originated the concept that magnetic fields are the cause for spectroscopic and photometric peculiarities. Great leaps for the astronomical mankind were the Oblique Rotator model by Stibbs (1950) and Deutsch (1954), which by the way provided mathematical tools for the later handling pulsar geometries, anti the discovery of phase coincidence of the extrema of magnetic field, spectrum and photometric variations (e.g. Jarzebowski, 1960).

The mensuration of interfaces

1992 ◽  
Vol 50 (1) ◽  
pp. 216-217
Author(s):  
W.M. Stobbs
Keyword(s):  
Electron Microscopy ◽  
50Th Anniversary ◽  
Numerical Data ◽  
Industrial Applications ◽  
Dynamical Theory ◽  
Large Strains ◽  
Reasonable Approach ◽  
Lattice Resolution ◽  
Analogue To Digital ◽  
The Way

I do not have access to the abstracts of the first meeting of EMSA but at this, the 50th Anniversary meeting of the Electron Microscopy Society of America, I have an excuse to consider the historical origins of the approaches we take to the use of electron microscopy for the characterisation of materials. I have myself been actively involved in the use of TEM for the characterisation of heterogeneities for little more than half of that period. My own view is that it was between the 3rd International Meeting at London, and the 1956 Stockholm meeting, the first of the European series , that the foundations of the approaches we now take to the characterisation of a material using the TEM were laid down. (This was 10 years before I took dynamical theory to be etched in stone.) It was at the 1956 meeting that Menter showed lattice resolution images of sodium faujasite and Hirsch, Home and Whelan showed images of dislocations in the XlVth session on “metallography and other industrial applications”. I have always incidentally been delighted by the way the latter authors misinterpreted astonishingly clear thickness fringes in a beaten (”) foil of Al as being contrast due to “large strains”, an error which they corrected with admirable rapidity as the theory developed. At the London meeting the research described covered a broad range of approaches, including many that are only now being rediscovered as worth further effort: however such is the power of “the image” to persuade that the above two papers set trends which influence, perhaps too strongly, the approaches we take now. Menter was clear that the way the planes in his image tended to be curved was associated with the imaging conditions rather than with lattice strains, and yet it now seems to be common practice to assume that the dots in an “atomic resolution image” can faithfully represent the variations in atomic spacing at a localised defect. Even when the more reasonable approach is taken of matching the image details with a computed simulation for an assumed model, the non-uniqueness of the interpreted fit seems to be rather rarely appreciated. Hirsch et al., on the other hand, made a point of using their images to get numerical data on characteristics of the specimen they examined, such as its dislocation density, which would not be expected to be influenced by uncertainties in the contrast. Nonetheless the trends were set with microscope manufacturers producing higher and higher resolution microscopes, while the blind faith of the users in the image produced as being a near directly interpretable representation of reality seems to have increased rather than been generally questioned. But if we want to test structural models we need numbers and it is the analogue to digital conversion of the information in the image which is required.

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