A TALE OF TWO SUPREMACIES, FOUR GREENGROCERS, A FISHMONGER, AND THE SEEDS OF A CONSTITUTIONAL COURT

2002 ◽  
Vol 61 (3) ◽  
pp. 499-544
Author(s):  
Amanda Perreau-Saussine

The phrase “hierarchy of norms” sounds alien or continental to the ears of most British constitutional lawyers: generations have been taught that, in order to respect the sovereignty of Parliament, they should compare statutes only in temporal terms, preferring a more recent statute over incompatible older ones. In Thoburn v. Sunderland City Council and related appeals [2002] EWHC 195 (Admin), [2002] 3 W.L.R. 247, four greengrocers and a fishmonger, backed by the UK Independence Party, unsuccessfully invoked this doctrine of implied repeal to challenge the validity of the UK’s messy implementation of European Metrication Directives. If obiter dicta by Laws L.J. are followed, it will be not for our political representatives but for our courts to decide whether to prefer older statutes protecting “constitutional rights” over more recent statutes, and to rank constitutional rights.

2021 ◽  
Vol 17 (4) ◽  
pp. 799
Author(s):  
Mohammad Mahrus Ali ◽  
Zaka Firma Aditya ◽  
Abdul Basid Fuadi

Sepuluh tahun yang lalu putusan Mahkamah Konstitusi Nomor 3/PUU-VIII/2010 telah menegaskan bahwa  bahwa pemberian hak pengusahaan perairan pesisir (HP3) oleh pemerintah kepada pihak swasta bertentangan dengan konstitusi, terutama dengan Pasal 33 ayat (4) UUD 1945. Pembentuk undang-undang kemudian merespon putusan tersebut dengan merevisi UU Nomor 27 Tahun 2007 menjadi Undang-Undang Nomor 1 Tahun 2014 tentang Perubahan Atas Undang-Undang Nomor 27 Tahun 2007 tentang Pengelolaan Wilayah Pesisir dan Pulau-Pulau Kecil. Revisi tersebut telah mengubah Rezim HP3 dari UU 27/2007 menjadi rezim perizinan dalam UU 1/2014. Sayangnya, perubahan tersebut justru menimbulkan berbagai persoalan mulai dari konflik antara undang-undang serta peraturan dibawah undang-undang yang pada akhirnya sangat berpotensi merugikan hak-hak konstitusional masyarakat pesisir pantai. Penelitian ini memfokuskan pada aspek yuridis maupun sosiologis terkait perlindungan hak-hak konstitusional masyarakat pesisir pantai setelah Putusan Mahkamah Konstitusi Nomor 3/PUU-VIII/2010. Penelitian ini secara mendalam membahas mengenai tindaklanjut putusan MK a quo oleh pembentuk undang-undang, pemerintah pusat hingga pemerintah daerah dan stakeholder serta pemenuhan hak-hak konstitusional masyarakat pesisir pantai. Penelitian ini merupakan penelitian hukum normatif dengan cara meneliti Putusan MK Nomor 3/PUU-VIII/2010. Pembahasan secara deskriptif digunakan untuk memahami politik hukum pengelolaan wilayah pesisir sebagai upaya memenuhi hak-hak konstitusional masyarakat pesisir pantai. Disamping itu, Pengelolaan wilayah pesisir secara terpadu yang merupakan proses yang dinamis, multidisiplin, dan berulang untuk mempromosikan pengelolaan kawasan pesisir yang berkelanjutan. Termasuk seluruh siklus pengumpulan informasi, perencanaan, pengambilan keputusan, manajemen dan pemantauan implementasi. Ten years ago, the Constitutional Court Decision Number 3/PUU-VIII/2010 confirmed that the granting of concession rights for coastal waters (after this: HP3) by the government to private parties was contrary against the constitution, especially Article 33 paragraph (4) of the 1945 Constitution. Legislators then respond to the decision to revise Law No. 27 of 2007 as Law No. 1 of 2014 on the Amendment of Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands. The revision has changed the HP3 regime from Law 27/2007 to the licensing regime in Law 1/2014. Unfortunately, these changes would lead to various juridical problems ranging from conflict between the laws and regulations under legislation that ultimately is potentially detrimental to the constitutional rights of coastal communities. This research focuses on juridical and sociological aspects related to the coastal communities protection of constitutional rights after the Constitutional Court Decision Number 3/PUU-VIII/2010. This research in-depth discusses the follow-up of the Constitutional Court decision a quo by legislators, central government, local governments, stakeholders, and the fulfilment of the constitutional rights of coastal communities. This research is normative legal research by examining the Constitutional Court decision Number 3/PUU-VIII/2010. The descriptive discussion used to understand coastal zone management law's politics to fulfil the constitutional rights of coastal communities. Besides, integrated coastal zone management (Integrated Coastal Zone Management) is a dynamic process, multidisciplinary, and repeated to promote sustainable coastal areas' sustainable management. It includes the whole cycle of information collection, planning, decision-making, management, and implementation monitoring.


2016 ◽  
Vol 12 (3) ◽  
pp. 604
Author(s):  
Faiq Tobroni

This paper has three key issues. The first issue discusses the arguments constructed by applicant of judicial review (JR) to assess the constitutional rights’ violations caused by the application of Article 2 (1) UUP. The second issue discusses on how the Constitutional Court (MK) seated position of state associated marital affairs in the rejection of JR. The third issue discusses model of freedom of ijtihad (legal thought) on interfaith marriage as the impact of MK’s Decision. Based on    the discussion, regarding to the first issue, the applicant of JR assess the application of Article 2 (1) UUP has legitimized the state as the sole interpreters of religious teachings for a requirement validity of the marriage. According to the applicant,  the role is used by the state (The Office for Religious Affairs/KUA) to not accept interfaith marriage. This refusal led to the violation of some other constitutional rights. Furthermore, as the findings of the second issue, MK’s decision has placed   the real position of state not as interpreters of religious teachings, but merely to accommodate the results of religious scholars’s ijtihad regarding marriage into the state law. Thus, it is not true that the state has violated the constitutional right to more intervene the religious life of citizens. Last findings as the third issue, MK’s decision has affected the model of ijtihad freedom on interfaith marriage. Actually interfaith marriage can still be served through the Civil Registry Office (KCS). KCS could be an alternative way to facilitate the interfaith marriages for all religions in Indonesia. Special for KUA, the institution reject to record interfaith marriage.   In this way, it only accommodates freedom of ijtihad within the limits of ijtihad jama’i. KUA just accomodates ijtihad by institutions such as the Majelis Ulama Indonesia, Nahdlatul Ulama, Muhammadiyah and other similar institutions that reject interfaith marriage. Special for marriage in muslim community, ijtihad jama’i is better than ijtihad fardiy because the second could trigger the liberalization of marriage laws (temporary marriages, polygamy more than four, underage marriages and denial of recording).


2020 ◽  
Vol 35 (2) ◽  
Author(s):  
Jihan Khairunnisa

Land ownership for Indonesian citizens the result of mixed marriages without marriage agreement Indonesian citizen can only use the use rights and lease rights to buildings in the ownership of land. This study uses a normative juridical approach. It can be concluded that according to Law No. 5/1960 for Indonesian citizens, mixed marriages may own land with a status other than use rights and lease rights to buildings if there is a marriage agreement before or at the time of marriage. However, after the Constitutional Court ruling number 69 / PUU-XIII / 2015 gave a breath of fresh air for mixed marriages to still be able to receive their constitutional rights by making marriage agreements during the marriage.


Urban History ◽  
2017 ◽  
Vol 45 (3) ◽  
pp. 426-452 ◽  
Author(s):  
CIARÁN WALLACE

ABSTRACT:A municipal boundary dispute between Dublin's nationalist city council and its independent unionist suburbs in the early twentieth century was symptomatic of a much deeper disagreement over national identity within the United Kingdom. Considering urban councils as the link between the state and local civil society (or subscriber democracy), and using theories proposed by Graeme Morton, R.J. Morris and Norton E. Long, along with illustrative contrasts from municipal behaviour in Edinburgh, this article examines these relationships in Edwardian Dublin. It argues that the modernization of Irish municipal government in 1898 empowered Dublin in unforeseen ways. By amplifying existing divergent identities, and providing a platform for the nascent Irish state, municipal government reforms contributed significantly to the break-up of the UK in 1922.


Energies ◽  
2020 ◽  
Vol 13 (24) ◽  
pp. 6615
Author(s):  
Sam Preston ◽  
Muhammad Usman Mazhar ◽  
Richard Bull

Cities constitute three quarters of global energy consumption and the built environment is responsible for significant use of final energy (62%) and greenhouse gas emissions (55%). Energy has now become a strategic issue for local authorities (LAs) and can offer savings when budget cuts have threatened the provision of core services. Progressive LAs are exploring energy savings and carbon reduction opportunities as part of the sustainable and smart city agenda. This paper explores the role of citizens in smart city development as “buildings don’t use energy: people do”. Citizens have the potential to shape transitions towards smart and sustainable futures. This paper contributes to the growing evidence base of citizen engagement in low carbon smart cities by presenting novel insights and practical lessons on how citizen engagement can help in smart city development through co-creation with a focus on energy in the built environment. A case study of Nottingham in the UK, a leading smart city, is analysed using Arnstein’s Ladder of Citizen Participation. Nottingham City Council (NCC) has pledged to keep “citizens at the heart” of its plans. This paper discusses learnings from two EU funded Horizon 2020 projects, REMOURBAN (REgeneration MOdel for accelerating the smart URBAN transformation) and eTEACHER, both of which aimed to empower citizens to reduce energy consumption and co-create smart solutions. Although these two projects are diverse in approaches and contexts, what unites them is a focus on citizen engagement, both face to face and digital. REMOURBAN has seen a “whole house” approach to retrofit in vulnerable communities to improve liveability through energy efficiency. User interaction and co-creation in eTEACHER has provided specifications for technical design of an energy saving App for buildings. eTEACHER findings reflect users’ energy needs, understanding of control interfaces, motivations for change and own creative ideas. Citizens were made co-creators in eTEACHER from the beginning through regular communication. In REMOURBAN, citizens had a role in the procurement and bidding process to influence retrofit project proposals. Findings can help LAs to engage demographically diverse citizens across a variety of buildings and communities for low carbon smart city development.


2003 ◽  
Vol 3 (2) ◽  
pp. 71-75 ◽  
Author(s):  
Andrew Charlesworth

When we examine the implications of US and UK governmental responses to the events of 9/11 for the privacy rights of their citizens, we have to begin from the understanding that even prior to 9/11 there were relatively few congruencies between the two legal systems. While neither country has an explicit constitutional right to privacy, in the US the Supreme Court decided in Griswold v. Connecticut (1965) that for many of the other constitutional rights to be meaningful, there had to be at least an implicit right to privacy derivable from the Constitution. In contrast, the concept of a right of personal privacy, to protect the individual from third parties generally, or from government in particular, is one which, until recently, has been largely alien to the law of the United Kingdom. Unlike the situation in the United States, the judiciary in the UK has consistently declined to provide specific sectoral privacy rights, via the common law, that might eventually be developed into a general right of privacy. Legislative attempts to create such a general right have met with an equal lack of enthusiasm. Where specific sectoral statutory protections of privacy have been adopted by the UK Parliament they have, almost without exception, come about as a result of pressures at an international level, not the least as a result of actions, or threats of actions, under the European Convention on Human Rights, or as a result of economic requirements consequent upon the UK's membership of the EU.


2020 ◽  
Vol 11 (2) ◽  
pp. 586
Author(s):  
Oksana SHCHERBANYUK

The article explores the problems of implementation of the constitutional complaint in Ukraine and proposes ways of its solving. In terms of integration of Ukraine to the European Union there is a harmonization of the Ukrainian legislation to the European standards, so the analysis of foreign experience of functioning of institute of constitutional complaint is necessary to solve the problems in this area. Therefore, the main method in methodology of research of problems of implementation of constitutional complaints is comparative legal. As from 2016, Ukraine has introduced a normative model of individual constitutional complaint, which allowed physical persons and legal entities of private law to apply to the Constitutional Court of Ukraine for protection of violated constitutional rights, freedoms and legitimate interests. The article analyzes the jurisprudence of the Constitutional Court of Ukraine clarifies the admissibility criteria of the constitutional complaint in Ukraine, the procedural filters and proposed solutions of problems to improve the protection of rights and lawful interests of persons. It is concluded that the mechanism of the submission and consideration of the constitutional complaint, the algorithm of selection (filtering) of the constitutional complaints needs significant improvement with consideration for the European experience. In our opinion, the legal effect of the constitutional-legal institution will be made only in connection with the introduction of a complete, not normative constitutional complaint, which will significantly increase the responsibility of subjects of law-making, law enforcement, protection of human rights and ensure the authority of the Constitution of Ukraine.


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