Tattoos, Privacy and Tōru Hashimoto: A Contemporary Attempt to use the Legal System to Protect Individual Rights in Japan

2021 ◽  
pp. 1-19
Author(s):  
Stacey Steele ◽  
Geraldine Carney
Keyword(s):  
Legal System ◽  
Individual Rights

Problem of Consolidation of Legal Status of Personality in the Russian Legal System

10.12737/6581 ◽  
2014 ◽  
Vol 2 (12) ◽  
pp. 0-0
Author(s):  
Зульфия Байниязова ◽  
Zulfiya Bayniyazova
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Present Moment ◽  
Russian Society ◽  
Individual Rights ◽  
Close Attention ◽  
Legal Policy ◽  
Legal Science

The article investigates the issue of consolidation of an individual legal status in the Russian legal system. The author claims that at the present moment an individual legal status is not represented as a consolidated institution of the legal system, and the situation does not meet the needs of the legal life of the Russian society. In this connection the author suggests that a notion of “consolidated individual legal status” should be singled out in the legal science. The characteristics of consolidated individual legal status have been singled out and analyzed in the article. The author also looks into significance of consolidation of individual rights and liabilities. The author emphasizes that the value of the consolidated condition of individual rights and liabilities determines significance of the issue of consolidation of an individual legal status. The author pays close attention to the legal policy; the author claims that legal policy alongside with the legal system must be a phenomenon that fully guarantees legal self-realization of an individual, an opportunity to exercise their rights and freedoms. The author stresses the necessity of an individual legal status as a consolidated legal phenomenon, which is one of the priorities of the Russian legal system.

From a pragmatic point of view there is a need to accept this confusion, and seek to derive the meaning of the phrase from its context. Some legal academics advise forgetting the issue, which is like running away, and does create further confusion. The courts use the phrase synonymously. The EC Treaty, however, remains silent about individual rights in national courts and only uses the term ‘direct applicability’ to refer to the process by which EC law is immediately and automatically part of the legal system of Member States as soon as it is created in the EC. For the purposes of explaining some of the issues surrounding EC law, this text will assume the artificial distinction between direct applicability and direct effect. It will assume therefore that ‘directly applicable’ applies to the process of automatic assimilation into the legal systems of Member States and that ‘direct effect’ refers to individuals deriving rights from Community law enforceable in national courts. Remember, however, that the terms tend to be conflated. These matters will now be set out as a series of tables and diagrams to assist you in the development of understanding.

2012 ◽  
pp. 158-159
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Point Of View ◽  
Individual Rights ◽  
Member States ◽  
Community Law ◽  
National Courts ◽  
Running Away ◽  
Ec Law ◽  
Direct Applicability

Judicial Review in EC and EU Law—Some Architectural Malfunctions and Design Improvements?

2001 ◽  
Vol 4 ◽  
pp. 167-189
Author(s):  
Laurence W. Gormley
Keyword(s):  
Legal System ◽  
Judicial Review ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law

From the point of view of an individual, rights conferred by a legal system are only effective and substantive if there are effective remedies available if those rights are infringed. In some instances, those remedies may be pre-emptive; but in most instances, they seek to deal with infringements of rights, or damage to interests, which have taken place.

Individual Rights and Legal Validity

1996 ◽  
Vol 18 (1) ◽  
Author(s):  
Martin van Hees
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
Individual Rights ◽  
Theoretic Analysis ◽  
Famous Theorem ◽  
Game Theoretic Analysis ◽  
Individual Preferences ◽  
Different Types ◽  
Game Theoretic ◽  
The Subject

AbstractThe condition of liberty which Sen used in his famous theorem on the impossibility of the Paretian liberal was defined in terms of individual preferences. The preference-based approach has been the subject of much criticism, which led to the evolution of the game-theoretic analysis of rights. In this approach no references to individual preferences are made. Two questions are examined in this paper: how can different types of right be distinguished within a game-theoretic setting, and how do rights come into existence? These questions are addressed on the basis of ideas originating from legal theory. The discussion shows that an analysis of rights should take account of the whole legal system of which a legal norm forms part. Furthermore, it reveals that preferences should be re-introduced into the formal study of individual rights.

The Status of Fundamental Individual Rights in the Absence of a Written Constitution

1974 ◽  
Vol 9 (4) ◽  
pp. 497-511 ◽  
Author(s):  
Amos Shapira
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Order ◽  
Human Society ◽  
Individual Rights ◽  
Legislative Authority ◽  
The Status ◽  
The Individual

To reconcile the true boundaries between the individual and the community is the highest problem that thoughtful consideration of human society has to solve. Jellinek,The Declaration of the Rights of Man and of Citizens(1901).The legislative authority in Israel is all-powerful. Like the English Parliament, the Knesset “can do everything but make a woman a man, and a man a woman”. In the absence of a formal written Constitution, the Legislature enjoys legislative supremacy: the laws of the Knesset stand at the top of the normative legal order of the State, paramount in the prevailing legal system. Ranged against such a Legislature-giant, whose power knows no formal restraint, the Courts often feel like Lilliputians facing a Gulliver. There is, indeed, justification for this sense of inferiority harboured by the Judiciary. It is undoubtedly true that in the process of adjudicating disputes—between two individuals and between an individual and the authorities—judges apply, construe, and develop the existing rules of law and impart life to them.

scholarly journals Undercutting Justice – Why legal representation should not be allocated by the market

2020 ◽  
pp. 1470594X2095188
Author(s):  
Shai Agmon
Keyword(s):  
Legal System ◽  
Equal Opportunity ◽  
Individual Rights ◽  
Correct Interpretation ◽  
Legal Representation ◽  
Adversarial System ◽  
The Law ◽  
Consistent Application ◽  
Competitive Structure

The adversarial legal system is traditionally praised for its normative appeal: it protects individual rights; ensures an equal, impartial, and consistent application of the law; and, most importantly, its competitive structure facilitates the discovery of truth – both in terms of the facts, and in terms of the correct interpretation of the law. At the same time, legal representation is allocated as a commodity, bought and sold in the market: the more one pays, the better legal representation one gets. In this article, I argue that the integration of a market in legal representation with the adversarial system undercuts the very normative justifications on which the system is based. Furthermore, I argue that there are two implicit conditions, which are currently unmet, but are required for the standard justifications to hold: that there is (equal opportunity for) equality of legal representation between parties, and that each party has (equal opportunity for) a sufficient level of legal representation. I, therefore, outline an ideal proposal for reform that would satisfy these conditions.

scholarly journals Visions of “Eco- Law”: A Comment on Capra and Mattei, The Ecology of Law: Toward a Legal System in Tune with Nature and Community (Berrett-Kohler Pubs., 2015)

2017 ◽  
Vol 7 (3) ◽  
Author(s):  
Kurt A. Strasser
Keyword(s):  
Legal System ◽  
Individual Rights ◽  
Scientific Thought ◽  
Sustainable Living ◽  
Legal Thought ◽  
History Of ◽  
Legal Thinking ◽  
Do So

AbstractThis new book offers an interesting vision of a new legal system, one aimed at promoting sustainable living on the planet. The vision is supported with an interesting and rich discussion comparing the history of scientific thought to the history of legal thought, noting that legal thinking has not yet evolved from mechanistic traditional individual rights centered thinking to a focus on networks and relationships. Yet it needs to do so to move to a new conception of “eco-law” which will support sustainable living and regeneration of the ecosystem. The vision is appealing and the presentation effectively sets the stage for further discussion. Eventually more will be needed to support the adoption of a new “eco-law” vision.

Judicial Review in EC and EU Law—Some Architectural Malfunctions and Design Improvements?

2001 ◽  
Vol 4 ◽  
pp. 167-189 ◽  
Author(s):  
Laurence W. Gormley
Keyword(s):  
Legal System ◽  
Judicial Review ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law

From the point of view of an individual, rights conferred by a legal system are only effective and substantive if there are effective remedies available if those rights are infringed. In some instances, those remedies may be pre-emptive; but in most instances, they seek to deal with infringements of rights, or damage to interests, which have taken place.

Sterilization and the retarded female: Is advocacy depriving individuals of their rights?

PEDIATRICS ◽  
1978 ◽  
Vol 62 (5) ◽  
pp. 850-853
Author(s):  
Eileen P.G. Vining ◽  
John M. Freeman
Keyword(s):  
Quality Of Life ◽  
Legal System ◽  
Best Interests ◽  
Female Adolescents ◽  
Current Status ◽  
Individual Rights ◽  
Advocacy Groups ◽  
Group Rights ◽  
The Past

With the increasing awareness of individual rights and the rise of advocacy groups for the handicapped, the rights of retarded persons are now being defined and secured, and abuses of the past curtailed.1 However, in efforts to secure the rights of the group, rights of individuals are sometimes abrogated. Sterilization for the profoundly retarded female presents an example of the legal inability to make a competent decision preventing specific individuals from securing a procedure done in her best interests. This commentary explores the current status of sterilization of retarded females, and presents the need for changes in the stance of advocacy groups and the legal system to permit hysterectomy for certain severely or profoundly retarded female adolescents when the procedure would improve the quality of life and care for that individual.

scholarly journals Środowisko prawników wobec sytuacji Trybunału Konstytucyjnego. Badania socjologiczno-prawne

2019 ◽  
pp. 93-115
Author(s):  
Kamil Stępniak
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Point Of View ◽  
Fundamental Rights ◽  
Individual Rights ◽  
Legal Practice ◽  
Legal Study ◽  
The Future ◽  
Constitutional Tribunal

The recent legal changes pertaining to the institution of the Constitutional Tribunal arouse many controversies. This paper presents a sociological and legal study conducted to collect and examine the opinions regarding the above held by Polish lawyers who because of their profession and experience are in a position to confront directly the legal practice with the changing legal system that is directly responsible for the level of protection of individual rights and the exercise of individual fundamental rights. From the point of view of rationality and functionality of the operations of the Constitutional Tribunal an opinion formulated by jurists who due to their background have greater legal awareness seemed invaluable. After all it will be their opinion which will decide about the future of the judiciary in Poland. The results of the current transformations being implemented in constitutional judiciary as well as at the level of common courts have consequences for all the citizens. The aim of the questions asked in the survey was to fi nd how lawyers in Poland saw the situation with the Constitutional Tribunal today as well as what the though it its regime and functioning could be like in the future. Questions also concerned the current and actual legal status of the Tribunal and the lawyers’ reactions to the changes being implemented or about to me made, and if possible the possible ways of ending the current Constitutional Tribunal crisis.

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