Democratic Erosion and Constitution-Making Moments: The Role of Transnational Legal Norms

2019 ◽  
pp. 234-264
Author(s):  
David E. Landau
Keyword(s):  
Legal Norms ◽  
Constitution Making

Russia’s Market of Mergers and Acquisitions: Stages, Features and Prospects

2009 ◽  
pp. 23-45 ◽  
Author(s):  
A. Radygin
Keyword(s):  
Open Access ◽  
Mergers And Acquisitions ◽  
Corporate Control ◽  
Active Role ◽  
Data Bases ◽  
2008 Financial Crisis ◽  
Legal Norms ◽  
Role Of The State ◽  
Access Data

The article deals with key tendencies in the development of Russia’s market of mergers and acquisitions in the first decade of the 21st century. Quantitative parameters are analyzed by using available in the open access data bases for the years 2003-2008 taking into consideration new tendencies relating to 2008 financial crisis. An active role of the state played in the market of corporate control represents an important factor. Special attention is given to issues of development of Russia’s system of legal norms regulating the market of mergers and acquisitions.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

Evolving Views of Islamic Law in Turkey

2013 ◽  
Vol 28 (2) ◽  
pp. 467-487 ◽  
Author(s):  
Russell Powell
Keyword(s):  
Islamic Law ◽  
Empirical Studies ◽  
Exceptional Case ◽  
Legal Norms ◽  
Muslim Countries ◽  
Law And Politics ◽  
Legal Opinions ◽  
Turkish Constitution ◽  
The Relationship

The tradition of Kemalist secularism (laiklik) in Turkey is often cited to distinguish Turkey as an exceptional case among predominantly Muslim countries. While it is true that the Turkish Constitution, laws, and legal opinions approach the relationship between the state and religion very differently than those of Iran, Saudi Arabia, Egypt, or even Indonesia, it would be wrong to underestimate the role that religion plays in the formation of Turkish legal norms, including citizen understanding of those norms. There is a wealth of literature describing the nature of Turkish secularism and its evolution. A number of both quantitative and qualitative studies inquire about the preference forShari'aamong Turkish voters. The typical question asks whether respondents favor the establishment of aShari'astate. Over the past fifteen years, these surveys have received response rates ranging between five and twenty-five percent in favor of such a state. However, these results are extremely problematic, because they do not provide any context or meaning for “the establishment of aShari'astate,” either for those who favor it or for those who oppose it. This study begins to unpack the range of possible meanings attributed toShari'awithin Turkey, both among voters and among intellectuals, as a framework for future empirical studies and as a basis for deeper understandings of the role of Islam within Turkish law and politics.

scholarly journals Whistleblowers or Offenders? A Judicial Approach to Whistleblowing – The LuxLeaks Case

M n gement ◽  
2021 ◽  
Author(s):  
Oussama Ouriemmi ◽  
Wafa Ben Khaled ◽  
Mahaut Fanchini
Keyword(s):  
The Other ◽  
Ethical Behaviour ◽  
Legal Norms ◽  
The One

The aim of this article is to study the role of judges and their impact on the retaliation processes initiated by organisations against whistleblowers. More specifically, we question the normative logics used by judges to validate or invalidate such processes. To this end, we cross-check and analyse judicial data from the LuxLeaks case (2010–2018). Our results firstly enable us to establish a relationship between, on the one hand, the interpretative power of judges and their profile and, on the other, the attitude that judges may have at the end of the retaliation process towards whistleblowers, that is, retaliatory actors or protective actors. Our results also explain the normative dynamics that permeate the judicial retaliation process. They show that judges can challenge existing legal norms, clarify and operationalise others, and create new norms regulating ethical behaviour in organisations.

scholarly journals NURSE IN THE POLISH HEALTH CARE SYSTEM

2020 ◽  
Vol 73 (8) ◽  
pp. 1771-1779
Author(s):  
Małgorzata Paszkowska
Keyword(s):  
Health Care ◽  
Health Care System ◽  
Medical Staff ◽  
Medical Profession ◽  
Legal Norms ◽  
The Status ◽  
Medical Order ◽  
Definition Of ◽  
Care System

Nurses are the largest group of Polish medical staff. There are currently approximately 230,000 nurses employed in Poland. There is a statutory profession for many years. Nurses provide health services on the basis of a medical order or on their own. As a result of changes in the law, the scope of their professional competences has been increasing for several years, including to independently administer medicines and issue prescriptions. The purpose of the article is to present and analyze legal norms determining the status of a nurse in the Polish health care system. In addition, the definition of the statutory principles of cooperation between doctors and nurses. The analysis shows that changes in law in recent years have significantly influenced the increase in the role of nurses in the health care system and they are also relevant to the practice of the medical profession.

scholarly journals Prinsip Kehati-hatian bagi Bank Selaku Kustodian di Pasar Modal Indonesia

2020 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Rezandha Hutagalung
Keyword(s):  
Precautionary Principle ◽  
Capital Market ◽  
Financial Services ◽  
Main Task ◽  
Legal Research ◽  
Legal Norms ◽  
The Precautionary Principle ◽  
Banking Institutions ◽  
The Capital Market

This journal aims to find out how to apply the precautionary principle of a bank as a custodian bank in Indonesian capital market. Whereas with the enactment of Law Number 1995 concerning the Capital Market, it is deemed necessary to enact a Bapepam Decision regarding the Custodian Bank's Report. In the context of carrying out Indonesia's economic development, of course the challenges are not insignificant for financial institutions, one of which is in banking institutions. The role of banking institutions that carry out the main task as a vehicle that can collect and distribute funds effectively and efficiently, requires continuous improvement in order to be able to have a comparative advantage. This journal is how about the application of the precautionary principle in the capital market in Indonesia. Custodian Bank is a commercial bank that has obtained the approval of the Financial Services Authority (OJK) to carry out business activities as a custodian. The object of legal research is legal norms, which have the aim of examining whether or not a regulation is appropriated and applied.

scholarly journals PERSPEKTIF HUKUM SEBAGAI LANDASAN PEMBANGUNAN EKONOMI DI INDONESIA (SEBUAH PENDEKATAN FILSAFAT)

Jurnal Hukum ◽  
1970 ◽  
Vol 28 (2) ◽  
pp. 929
Author(s):  
Zulfi Diane Zaini
Keyword(s):  
Economic Development ◽  
Economic Behavior ◽  
Economic Democracy ◽  
Legal Norms ◽  
Economic Area ◽  
Margin Of Appreciation ◽  
National Ideology ◽  
The Law ◽  
Effective Function

The role of law in economic development of a nation is something that cannot be ignored its existence. So it is very obvious, if the law of a nation is effective, economic development would be easy to implement. But otherwise if the law has not effective function, it can definitely be an adverse impact on economic development. This condition also exists to Indonesia as a country which is still developing the economic area. Moreover, when Indonesia declared in its constitution as a legal state (rechtstaat). From this it is also implied that Indonesia wants two things: Firstly, the law is expected to function, and secondly, the law can serve, then economic development would be easy to be realized.The economic nationalism spirit in the globalization era shows increasing realization of the urgency to be the national economy which is strong, tough and independent. Economic Democracy is based on the popular and family, as well as cooperative efforts animates economic behavior of individuals and communities. Thus Indonesia Economic Law in the form of the Margin of Appreciation becomes benchmark for the justification of the legal norms which is enforced so the core values of Pancasila as the national ideology is kinship with the community life ideal form in society, is society kinship, so in the field of economics, Pancasila ideology wants kinship (familial Economic Democracy Article 33 of the 1945 Constitution), which is realized through the welfare state.Keywords: Law, Basis, Economic

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

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