scholarly journals The Swiss Primate Case: How Courts Have Paved the Way for the First Direct Democratic Vote on Animal Rights

2021 ◽  
pp. 1-14
Author(s):  
Charlotte E. Blattner ◽  
Raffael Fasel
Keyword(s):  
Animal Rights ◽  
Constitutional Court ◽  
The People ◽  
Swiss Canton ◽  
Judicial Proceedings ◽  
The Subject ◽  
Legal Strategies ◽  
Democratic Vote ◽  
Federal Supreme ◽  
Shed Light

Abstract A citizens’ initiative was launched in 2016 in the Swiss canton of Basel-Stadt, demanding that the rights catalogue in the Cantonal Constitution be complemented by a fundamental right to life and a right to bodily and mental integrity for non-human primates. This initiative became the subject of a three-year legal dispute that ended with a decision of the Swiss Federal Supreme Court in September 2020, ruling that the initiative is legally valid and must be put to the people for a vote. This case note discusses the key developments in the dispute, including the groundbreaking decision by the Constitutional Court of Basel-Stadt, which held that cantons are free to ‘expand the circle of rights holders beyond the anthropological barrier’. The authors, who were involved in the drafting of the initiative and acted as legal advisers in the judicial proceedings, offer first-hand insights into legal strategies and shed light on the importance of the case in the context of the ongoing efforts to secure rights for primates around the world.

scholarly journals Genesis of establishment and development of the judicial system of the Russian Federation in the late XX – early XXI centuries: institutional and normative characteristics

2021 ◽  
pp. 26-36
Author(s):  
Valentina Mikhailovna Bol'shakova
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Federal Courts ◽  
Judicial System ◽  
Constitutional Court ◽  
The Soviet Union ◽  
The Supreme Court ◽  
Judicial Proceedings ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the evolution of the structure of judicial system of the Russian Federation in the late XX – early XXI centuries. Description is given to the changes undergone by the Russian judicial system after dissolution of the Soviet Union. The author follows the dynamics of the normative legal changes that regulate judicial proceedings, as well as reveals the institutional framework of the modern structure of judicial system of the Russian Federation. The article illustrates the institutional and normative changes within the structure of judicial system of the Russian Federation in the late XX – early XXI centuries based on application of the comparative-legal and systemic methods of research. The novelty and the main conclusions lie in the following: it is established that the Russian Federation has issued the normative legal acts that contribute to the strengthening and unification of the Russian judicial system, uniformity of social guarantees and compensations set for judges. Currently, the judicial system of the Russian Federation is founded on the principle of combining administrative-territorial and district organization. It is determined that the judicial system of the Russian Federation consists of 1) the Constitutional Court of the Russian Federation; 2) the Supreme Court of the Russian Federation; 3) federal courts of general jurisdiction; 4) arbitration courts; 5) magistrates’ courts of the constituent entities of the Russian Federation. It is noted that since January 1, 2023, the Constitutional (statutory) courts of the constituent entities of the Russian Federation will be abolished.

scholarly journals They are Communities like You The Rationale for Animal Rights and Welfare in Islamic Civilization

2021 ◽  
Vol 11 (2) ◽  
pp. 1-18
Author(s):  
Necmettin Kızılkaya
Keyword(s):  
Animal Rights ◽  
Animal Studies ◽  
Daily Life ◽  
Islamic Thought ◽  
Islamic Jurisprudence ◽  
Abstract Level ◽  
The Subject ◽  
Human Animal ◽  
Islamic Civilization ◽  
Shed Light

Animal treatment has a comprehensive connotation and far-reaching implications in Islamic civilization. The rationes leges for this broader meaning in human-animal relations are the principles laid out in the two foundational sources of Islam, i.e., the Qurʾān and the Sunnah of the Prophet Muḥammad. While dealing with the subject of animals, different disciplines carried the framework drawn in these two sources to a more abstract level,thereby becoming the very basis for practices in societies’ daily life. One of these disciplines, Islamic jurisprudence deals with how people are to preserve the God-given rights of animals while extracting benefit from in different chapters. In this article, I will first provide a brief introduction to animal welfare and protection in Islamic civilization. I will then focus on how scholars have interpreted the Qurʾānic concept of community (ummah, plural:umam) in exegetical literature. After that, I will show how the Prophet Muḥammad’s approach of gentleness (rifq) and excellence (iḥsān) manifested in his treatment of animals through several examples from the ḥadīth literature.Finally, I will attempt to demonstrate how Islamic jurisprudence embodies this theoretical framework through the concept of harm. In conclusion, I will show that there are important concepts and examples in Islamic thought that shed light on scholarship in the field of animal studies.

Kindergrundrechte

2021 ◽  
Author(s):  
Christine Hepp
Keyword(s):  
Parental Care ◽  
Case Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Basic Law ◽  
Federal Constitutional ◽  
The Subject ◽  
Shed Light

Children are only explicitly mentioned in the Basic Law as the subject of the norm and the object of parental care. The thesis explores both the existence and formulation of fundamental rights in relation to children according to the case law of the Federal Constitutional Court as well as the underlying fundamental rights dogmatics of the Court. In this way, an overall picture of the current constitutional status of the child in Germany is established. The study aims to shed light on the controversy in the points that have been insufficiently addressed so far and to resolve underlying misunderstandings. Finally, it serves to clarify the constitutional status of children in Germany.

scholarly journals TAX PLANNING IN BRAZIL: LEGAL REASONING AND CONSTITUTIONAL PROCESS IN BRAZILIAN SUPREME COURT

2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Marcus Livio Gomes ◽  
Érico Pimentel
Keyword(s):  
Supreme Court ◽  
Legal Reasoning ◽  
Tax Planning ◽  
Constitutional Court ◽  
Contemporary Perspective ◽  
The Subject ◽  
Legal Security ◽  
National Tax ◽  
The One ◽  
Federal Supreme

As in many countries around the world, the debate about tax planning concerns its limits, and there is a clash between two perspectives on the subject. On the one hand, there is a traditional perspective, whose advocates argue for the need to preserve the legal security of the taxpayer and the use of a more formalist interception method of tax rules. On the other side is the contemporary perspective, which seeks to balance the need to protect the taxpayer against abuse of tax authorities, but without neglecting the fact that the taxpayer sometimes practices abusive tax planning. At the center of this debate is the Federal Supreme Court (STF), a Brazilian constitutional court, which will examine the constitutionality of the sole paragraph of Article 116 of the National Tax Code, which for some academics is considered the Brazilian GAAR. The present paper aims to introduce and analyze some landmark points of the debate in Brazil, highlighting the legal reasoning deployed in this debate and the challenges for de constitutional process.

scholarly journals Inkonsistensi Putusan MK No. 49/PUU-X/2012 dan Putusan MK No. 22/PUU-XVII/2019 Terkait Peraturan Jabatan Notaris

Acta Comitas ◽  
2019 ◽  
Vol 4 (3) ◽  
pp. 452
Author(s):  
Yunita Mahendrawati H.P.
Keyword(s):  
Material Testing ◽  
Public Confidence ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
Analysis Techniques ◽  
Legal Implications ◽  
Judicial Proceedings ◽  
The Subject ◽  
Notary Public

Decision of the Constitutional Court No. 49 / PUU-X / 2012 which cancels the phrase "with the approval of the MPD" resulting in the authority of the MPD stipulated in Article 66 paragraph (1) of Law No. 30 of 2004 concerning the Position of Notary (UUJN) resulting in the loss of MPD's authority to give approval to investigators, prosecutors or judges for judicial proceedings involving notary public. Then the article was the subject of a lawsuit to be petitioned for material testing at the Constitutional Court, which was then terminated in Decision of the Constitutional Court No. 22 / PUU-XVII / 2019. However, the ruling of the Constitutional Court's ruling gave rise to a ruling that was different from the previous ruling, which stated that "Article 66 paragraph (1) UUJNP does not contradict the 1945 Constitution". The purpose of this paper is to find out changes to the regulations of the position of the Notary public after Decision of the Constitutional Court No. 49 / PUU-X / 2012 and to assess the inconsistency of the Constitutional Court's Decision on the review of material in Article 66 UUJN. This research is a normative legal research using the law approach, conceptual approach and case approach. The analyzed legal materials are primary and secondary legal materials with descriptive, comparative, evaluative and argumentative analysis techniques. Amendment to the regulation of the Notary Public after Decision of the Constitutional Court No. 49 / PUU-X / 2012 which abolished the MPD's authority in giving approval, has been replaced by MKN as stipulated in Article 66 paragraph (1) of the UUJNP. Inconsistencies that occur in Decision of the Constitutional Court No. 49 / PUU-X / 2012 and Decision of the Constitutional Court No. 22 / PUU-XVII / 2019 in the case of material testing of Article 66, due to differences in the Constitutional Court's considerations which resulted in differences in ruling on the previous Decree declared contrary to the 1945 Constitution whereas the most recent Decision was stated not to contradict the 1945 Constitution. The legal implications of the inconsistency have resulted in legal uncertainty and decreased public confidence in the judiciary. Putusan Mahkamah Konstitusi (MK) No. 49/PUU-X/2012 telah membatalkan frasa “dengan persetujuan Majelis Pengawas Daerah” Pada Pasal 66 ayat (1) Undang-Undang No. 30 Tahun 2004 tentang Jabatan Notaris (UUJN) mengakibatkan hilangnya kewenangan MPD yakni terkait pemberian persetujuan terkait proses peradilan oleh penyidik, penuntut umum, atau hakim. Namun dengan lahirnya Undang-Undang Nomor 2 Tahun 2014 tentang Perubahan Atas UUJN (UUJNP) kembali menghadirkan frasa yang pernah dibatalkan oleh putusan MK dengan nama badan yang berbeda yaitu “Majelis Kehormatan Notaris (MKN)” di pasal yang sama yang pernah dibatalkan oleh MK yakni Pasal 66 ayat (1). Kemudian pasal tersebut kembali menjadi pokok gugatan perkara untuk dimohonkan pengujian secara materiil di MK yang kemudian diputus dalam Putusan MK No. 22 /PUU-XVII/2019. Namun amar putusan MK ini memunculkan amar yang berbeda dengan putusan sebelumnya, yang menyatakan bahwa “Pasal 66 ayat (1) UUJNP tidak bertentangan dengan UUD 1945”. Adapun tujuan dari penulisan ini yakni untuk mengetahui perubahan peraturan jabatan Notaris pasca adanya Putusan MK No. 49/PUU-X/2012 dan untuk mengkaiji mengenai inkonsistensi Putusan MK terhadap pengujian materi pada Pasal 66 UUJN. Penelitian ini merupakan penelitian hukum normatif dengan menggunakan pendekatan undang-undang, pendekatan konseptual dan pendekatan kasus. Bahan hukum yang dianalisa berupa bahan hukum primer dan sekunder dengan teknik analisa deskriptif, komparatif, evaluative dan argumentatif. Perubahan pengaturan Notaris pasca Putusan MK No. 49/PUU-X/2012 yang menghapuskan kewenangan MPD dalam memberi persetujuan, telah digantikan oleh MKN yang tertuang dalam Pasal 66 ayat (1) UUJNP. Inkonsistensi yang terjadi dalam Putusan MK No. 49/PUU-X/2012 dan MK No. 22/PUU-XVII/2019 dalam hal pengujian materiil Pasal 66, disebabkan karena perbedaan pertimbangan MK yang mengakibatkan perbedaan amar pada Putusam sebelumnya dinyatakan bertentangan dengan UUD 1945 sedangkan pada Putusan terbaru dinyatakan tidak bertentangan dengan UUD 1945. Implikasi hukum akibat inkonsistensi tersebut mengakibatkan adanya ketidakpastian hukum dan menurunnya kepercayaan publik kepada peradilan.

Indian Genocide – A Study Through The Works of Elizabeth Cook-Lynn

2018 ◽  
Vol 6 (9) ◽  
pp. 5
Author(s):  
Poonam Chourey
Keyword(s):  
Native American ◽  
Native Americans ◽  
South Dakota ◽  
Native People ◽  
The South ◽  
The People ◽  
Freedom Fighters ◽  
Purpose Of Business ◽  
Wounded Knee ◽  
Shed Light

The research expounded the turmoil, uproar, anguish, pain, and agony faced by native Indians and Native Americans in the South Dakota region.  To explain the grief, pain and lamentation, this research studies the works of Elizabeth Cook-Lyn.  She laments for the people who died and also survived in the Wounded Knee Massacre.  The people at that time went through huge exploitation and tolerated the cruelty of American Federal government. This research brings out the unchangeable scenario of the Native Americans and Native Indians.  Mr. Padmanaban shed light on the works of Elizabeth Cook-Lynn who was activist.  Mr. Padmanaban is very influenced with Elizabeth Cook-Lynn’s thoughts and works. She hails from Sioux Community, a Native American.  She was an outstanding and exceptional scholar.  She experienced the agony and pain faced by the native people.  The researcher, Mr. Padmanaban is concerned the sufferings, agony, pain faced by the South Dakota people at that time.  The researcher also is acknowledging the Indian freedom fighters who got India independence after over 200 years of sufferings.  The foreign nationals entered our country with the sole purpose of business.  Slowly and steadily the took over the reign of the country and ruled us for years, made all of us suffer a lot.

Need of Human Rights as a Better Way of Life

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian
Keyword(s):  
Human Rights ◽  
Basic Needs ◽  
Research Paper ◽  
Human Being ◽  
Way Of Life ◽  
Labour Unions ◽  
The People ◽  
The Subject ◽  
Definition Of ◽  
Made In

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.

Etos Kerja Islam Dan Ketahanan Usaha Kerajinan Tangan

2019 ◽  
Vol 4 (1) ◽  
Author(s):  
Ahmad Ubaidillah ◽  
Misbahul Khoir
Keyword(s):  
Group Discussion ◽  
Scientific Methods ◽  
Analysis Techniques ◽  
Religious Rituals ◽  
The People ◽  
Depth Interview ◽  
Qualitative Descriptive ◽  
The Subject ◽  
The Village ◽  
Collection Methods

The objectives of research include; first, to describe what local Islamic working ethos are as the basis for the resilience of songkok, whip and slap handicraft businesses in Serah Panceng Gresik Village. Second, to describe the resilience of the songkok, whip and slap handicraft business in the village of Serah Panceng Gresik. This study is a qualitative-descriptive study with the aim of understanding the phenomena experienced by the subject of research including behavior, perception, motivation, and action holistically by utilizing various scientific methods. Data collection methods include; Observation, In-depth Interview or Focus Group Discussion, Documentation. Data analysis techniques include: processing and preparing data for analysis, reading the entire data, analyzing in more detail by coding data, considering detailed instructions that can help the coding process, giving descriptions that will be presented in the report, interpreting and interpreting data. The results showed that in Serah Village local Islamic working ethos were preserved by the community, such as alms giving, reading dziba', reading tahlil, attending haul akbar, and reading sholawat together every Friday. Although in the tradition it does not involve songkok, whip, and slap directly, there is a good impact to support the resilience of songkok, but not whip, and slap production. Religious rituals by praying together asking Allah to facilitate and carry out business in production songkok, whip, and slap are an expression of gratitude for what God gave to the people of Serah Village. All economic activity done by Serah community is meant to get God’s willing. Keywords: Islamic Working Ethos, Handicraft Businesses

Construction of an Achievement Test in General Science for Class IX Based on NCERT Syllabus

2018 ◽  
Vol 6 (26) ◽  
Author(s):  
Sailendra Bhuyan ◽  
Punita Borpuzari Deori
Keyword(s):  
Assessment Tool ◽  
Subject Area ◽  
Achievement Test ◽  
General Science ◽  
School Students ◽  
The People ◽  
The Subject ◽  
The Government ◽  
Time Changes ◽  
Teaching Learning

Achievement test is of very important assessment tool to evaluate the student’s current level of knowledge and skill acquired from classroom instruction. This test is designed to evaluate the student’s level of achievement in a particular subject for a particular class prescribed under the board or the university. In other words, to assess how much the pupils have achieved the educational objectives in teaching learning process at the end of the course and if achieved then to what extent, it has been achieved. Achievement tests are proved to be very helpful in various ways to the people who are involved in the field of education such as the teachers, the administrators, the planners, to the parents as well as for the students. The teacher very carefully develops and conduct achievement test in the class which enable the teacher to get an overall idea of the progress or the level of achievement of his students in the subject area. The teacher can determine the pupil’s strength and weakness in the subject area. So, based on this the teacher can take necessary remedial instructional strategies for the betterment of the pupil’s progress. In the same time, it also provides feedback for the teaching efficiency of the teacher.As with the time changes there have been many educational reforms taken place and in between syllabus had also been changed under different Boards of Studies. In order to maintain uniform standard of education the Government has formulated a policy to implement NCERT syllabus common to all School Boards throughout the country and accordingly the State Board of Secondary Education, Assam (SEBA) follow NCERT syllabus and to evaluate students’ achievement in terms of the policy formulated by the Board. Till now, no any standardized achievement test has been conducted for the secondary school students of Assam. Therefore, the investigators felt to construct and standardize an achievement test in the subject General Science which will definitely help in educational research.

Does the Injunction Gap Violate Implementers’ Fair Trial Rights Under the ECHR?

2020 ◽  
Author(s):  
Léon E Dijkman
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
European Convention ◽  
The Past ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Federal Supreme ◽  
Validity Of A Patent

Abstract Germany is one of few jurisdictions with a bifurcated patent system, under which infringement and validity of a patent are established in separate proceedings. Because validity proceedings normally take longer to conclude, it can occur that remedies for infringement are imposed before a decision on the patent’s validity is available. This phenomenon is colloquially known as the ‘injunction gap’ and has been the subject of increasing criticism over the past years. In this article, I examine the injunction gap from the perspective of the right to a fair trial enshrined in Art. 6 of the European Convention on Human Rights. I find that the case law of the European Court of Human Rights interpreting this provision supports criticism of the injunction gap, because imposing infringement remedies with potentially far-reaching consequences before the validity of a patent has been established by a court of law arguably violates defendants’ right to be heard. Such reliance on the patent office’s grant decision is no longer warranted in the light of contemporary invalidation rates. I conclude that the proliferation of the injunction gap should be curbed by an approach to a stay of proceedings which is in line with the test for stays as formulated by Germany’s Federal Supreme Court. Under this test, courts should stay infringement proceedings until the Federal Patent Court or the EPO’s Board of Appeal have ruled on the validity of a patent whenever it is more likely than not that it will be invalidated.

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