1. Relevance and admissibility of evidence

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Public Policy ◽  
The Core ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the respective functions of judge and jury; the concept of relevance; the so-called ‘best evidence principle’; matters of which proof is unnecessary; judicial findings as evidence; prejudicial evidence, unfairly obtained evidence, and suspect witnesses; and evidence excluded as a matter of public policy.

3. Express trusts: trusts and powers

2019 ◽  
pp. 60-107
Author(s):  
JE Penner
Keyword(s):  
Public Policy ◽  
Judicial Control ◽  
Flexible Devices ◽  
The Core ◽  
Locus Standi ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter considers express trusts, which are flexible devices for structuring the benefits that property can provide, particularly in ways that are impossible or inconvenient to do simply by making an outright gift. The discussions cover fixed trusts, discretionary trusts, and powers of appointment; duties and powers virtute officii (powers given to office holders), personal powers (powers nominatum), powers ‘in the nature of a trust’, fiduciary powers, bare and mere powers; interests under fixed trust; the principle in Saunders v Vautier; trusts void on grounds of public policy and illegal trusts the rule against perpetuities; the enforcement and judicial control of discretionary trusts and powers of appointment; excessive and fraudulent exercises of powers; interests under discretionary trusts and powers of appointment; locus standi to enforce the trust and beneficiaries’ rights to information, and protective trusts.

1. Relevance and admissibility of evidence

Evidence ◽  
2019 ◽  
pp. 13-61
Author(s):  
Roderick Munday
Keyword(s):  
Public Policy ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Law Of Evidence

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The law of evidence regulates what evidence may be admitted at trial and under what conditions such admissible proofs are to be admitted. This chapter discusses the following: the respective functions of judge and jury; the concept of relevance; the so-called ‘best evidence principle’; matters of which proof is unnecessary; judicial findings as evidence; prejudicial evidence, unfairly obtained evidence, and suspect witnesses; and evidence excluded as a matter of public policy.

Social innovation for modified consumption by means of the school subject Art and craft

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Anita NEUBERG
Keyword(s):  
General Education ◽  
Primary Schools ◽  
Social Innovation ◽  
School Subject ◽  
Art And Design ◽  
The Core ◽  
Causal Mechanisms ◽  
The Subject

In this paper I will take a look at how one can facilitate the change in consumption through social innovation, based on the subject of art and design in Norwegian general education. This paper will give a presentation of books, featured relevant articles and formal documents put into context to identify different causal mechanisms around our consumption. The discussion will be anchored around the resources and condition that must be provided to achieve and identify opportunities for action under the subject of Art and craft, a subject in Norwegian general education with designing at the core of the subject, ages 6–16. The question that this paper points toward is: "How can we, based on the subject of Art and craft in primary schools, facilitate the change in consumption through social innovation?”

Rights, Authority, and Workability: An Examination of Universal Jurisdiction

2019 ◽  
Vol 3 ◽  
pp. 7-17
Author(s):  
Srdan Durica
Keyword(s):  
Universal Jurisdiction ◽  
Scholarly Work ◽  
Contemporary State ◽  
The Core ◽  
Core Areas ◽  
The Subject

In this paper, I conceptualize ‘universal jurisdiction’ along three axes: rights, authority, and workability to reduce the compendium of scholarly work on the subject into three prominent focus areas. I then review the longstanding debates between critics and supports, and ultimately show the vitality of this debate and persuasiveness of each side’s sets of arguments. By using these three axes as a sort of methodological filter, one can develop a richer understanding of universal jurisdiction, its theoretical pillars, practical barriers, and the core areas of contention that form the contemporary state of knowledge.

Jalan Kesempurnaan Menurut Jamaah Insan Al-Kamil di Cijati Desa Cikareo Selatan Sumedang

2020 ◽  
Vol 2 (1) ◽  
pp. 23-37
Author(s):  
Syarifudin Syarifudin
Keyword(s):  
Qualitative Method ◽  
Human Beings ◽  
The Core ◽  
The World ◽  
The Subject ◽  
Religious Sect ◽  
Descriptive Qualitative

Each religious sect has its own characteristics, whether fundamental, radical, or religious. One of them is Insan Al-Kamil Congregation, which is in Cijati, South Cikareo Village, Wado District, Sumedang Regency. This congregation is Sufism with the concept of self-purification as the subject of its teachings. So, the purpose of this study is to reveal how the origin of Insan Al-Kamil Congregation, the concept of its purification, and the procedures of achieving its purification. This research uses a descriptive qualitative method with a normative theological approach as the blade of analysis. In addition, the data generated is the result of observation, interviews, and document studies. From the collected data, Jamaah Insan Al-Kamil adheres to the core teachings of Islam and is the tenth regeneration of Islam Teachings, which refers to the Prophet Muhammad SAW. According to this congregation, self-perfection becomes an obligation that must be achieved by human beings in order to remember Allah when life is done. The process of self-purification is done when human beings still live in the world by knowing His God. Therefore, the peak of self-purification is called Insan Kamil. 

The Common Law in Australia: Its Nature and Constitutional Significance

2004 ◽  
Vol 32 (3) ◽  
pp. 337-355 ◽  
Author(s):  
Leslie Zines
Keyword(s):  
Public Policy ◽  
Common Law ◽  
Public Law ◽  
Federal Law ◽  
Contemporary Debate ◽  
Policy Paper ◽  
Law And Policy ◽  
National University ◽  
The Subject ◽  
The Common

This article originally was published as a Law and Policy Paper. The Law and Policy Papers series was established in 1994 by the Centre for International and Public Law in the Faculty of Law, the Australian National University. The series publishes papers contributing to understanding and discussion on matters relating to law and public policy, especially those that are the subject of contemporary debate. In 1999 the papers were published jointly by the Centre for International and Public Law and The Federation Press. This article is reproduced in the Federal Law Review with the permission of the original publishers.

Genealogy of Colonial Discourse: Hindu Traditions and the Limits of European Representation

2009 ◽  
Vol 51 (3) ◽  
pp. 563-589 ◽  
Author(s):  
Raf Gelders
Keyword(s):  
Nineteenth Century ◽  
South Asian ◽  
Colonial Discourse ◽  
Colonial State ◽  
The Core ◽  
European Culture ◽  
Eastern Cultures ◽  
The Subject ◽  
Core Issues

In the aftermath of Edward Said's Orientalism (1978), European representations of Eastern cultures have returned to preoccupy the Western academy. Much of this work reiterates the point that nineteenth-century Orientalist scholarship was a corpus of knowledge that was implicated in and reinforced colonial state formation in India. The pivotal role of native informants in the production of colonial discourse and its subsequent use in servicing the material adjuncts of the colonial state notwithstanding, there has been some recognition in South Asian scholarship of the moot point that the colonial constructs themselves built upon an existing, precolonial European discourse on India and its indigenous culture. However, there is as yet little scholarly consensus or indeed literature on the core issues of how and when these edifices came to be formed, or the intellectual and cultural axes they drew from. This genealogy of colonial discourse is the subject of this essay. Its principal concerns are the formalization of a conceptual unit in the sixteenth and seventeenth centuries, called “Hinduism” today, and the larger reality of European culture and religion that shaped the contours of representation.

Reconsidering the state

2020 ◽  
pp. 55-74
Author(s):  
Kate Crowley ◽  
Jenny Stewart ◽  
Adrian Kay ◽  
Brian W. Head
Keyword(s):  
Public Policy ◽  
Policy Making ◽  
The State ◽  
Binary Choice ◽  
Policy Effectiveness ◽  
Comparative Public Policy ◽  
Policy Studies ◽  
The Core ◽  
State And Society ◽  
Public Policy Analysis

State-centred and society-centred explanations in comparative public policy analysis disagree markedly on the extent to which the state has autonomy or is essentially a clearing-house for outside forces. In this chapter, we reconsider the position of the state in policy studies by investigating the interactions and inter-dependency between the state and society rather than making a binary choice between state-centred and society-centred perspectives on governance. The core argument is that policy studies can improve its ability to apprehend the position of the state in dilemmas of contemporary policy-making by acknowledging that the state is, at once, both critical to collective action and reliant on crucial elements of societal support for its policy effectiveness. In such terms, governance is a useful label for the variety of ways in which society is not simply acted upon by the state, but actively shapes the actions of and outcomes of state activity.

Two Models of Public Opinion: Bacon's ‘New Logic’ and Diotima's ‘Tale of Love’ (The Prothero Lecture)

1974 ◽  
Vol 24 ◽  
pp. 79-96
Author(s):  
Samuel H. Beer
Keyword(s):  
United States ◽  
Public Policy ◽  
Eighteenth Century ◽  
Public Opinion ◽  
Theoretical Approach ◽  
Democratic Theory ◽  
The United States ◽  
Representative Government ◽  
The Subject ◽  
Work Done

It is appropriate that an American should address himself to the subject of public opinion. For, in terms of quantity, Americans have made the subject peculiarly their own. They have also invested it with characteristically American concerns. Most of the work done on the subject in the United States is oriented by a certain theoretical approach. This approach is democratic and rationalist. Both aspects create problems. In this paper I wish to play down the democratic problem, viz., how many of the voters are capable of thinking sensibly about public policy, and emphasize rather the difficulties that arise from modern rationalism. Here I take a different tack from most historians of the concept of public opinion, who, taking note of the origin of the term in the mid-eighteenth century, stress its connection with the rise of representative government and democratic theory.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

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