5. Legal research

2019 ◽  
pp. 79-103
Author(s):  
Julian Webb ◽  
Caroline Maughan ◽  
Mike Maughan ◽  
Marcus Keppel-Palmer ◽  
Andrew Boon

This chapter discusses the skills needed to carry out legal research. It covers understanding the importance of legal research; establishing an overall strategy in undertaking legal research; using primary sources; doing library-based research; analysing the problem; reviewing the subject matter; searching primary and secondary sources; updating the search; using online databases; and reporting the results of research.

Author(s):  
Julian Webb ◽  
Caroline Maughan ◽  
Mike Maughan ◽  
Marcus Keppel-Palmer ◽  
Andrew Boon

This chapter discusses the skills needed to carry out legal research. It covers understanding the importance of legal research; establishing an overall strategy in undertaking legal research; using primary sources; doing library-based research; analysing the problem; reviewing the subject matter; searching primary and secondary sources; updating the search; using online databases; and reporting the results of research.


2016 ◽  
Vol 13 (2) ◽  
pp. 2735
Author(s):  
Sefa Usta ◽  
Abdulvahap Akıncı

In the formation of a transparent and accountable public administration system and an understanding of administration, such institutions like the Ombudsman have important functions. The Ombudsman Institution, which undertakes an effective role in the solution of the problems experienced between the state and the citizen, has important responsibilities to institutionalize human rights and democratization, reduce the bad administration practices and most importantly, make the accountability mechanism the built-in in public administration. The Ombudsman Institution, which has been formed with different names in many countries in the world, has been established in Germany with the name of “the Defense Ombudsman,” and it carries out its activities under this framework.The main objective of the study is to examine the Ombudsman Institution as an extension of accountability mechanism in public administration and to asses “the Defense Ombudsman Institution”, which operates in Germany. Under the study prepared for this purpose, it is treated the concept of accountability in public administration with its general terms and examined the Ombudsman Institution, departing from the case of Germany. The study is terminated with an overview and a chapter of conclusion.In the study, it has been benefited from the scientific methods of descriptive analysis and critical review of the literature and set out from the secondary sources written about the subject and the primary sources like constitutional and legal regulations that are the basis of the Ombudsman Institution in Germany. ÖzetŞeffaf ve hesap verebilir bir kamu yönetimi sisteminin ve yönetim anlayışının oluşumunda Ombudsmanlık benzeri kurumlara önemli işlevler düşmektedir. Devlet ve vatandaş arasında yaşanan sorunların çözümü noktasında etkili bir rol üstlenen ombudsmanlık kurumuna, insan haklarının ve demokratikleşmenin kurumsallaşmasında, kötü yönetim uygulamalarının azaltılmasında ve en önemlisi kamu yönetiminde hesap verebilirlik mekanizmasının yerleşik hale gelmesinde önemli sorumluluklar düşmektedir. Dünyada birçok ülkede farklı adlarla oluşturulmuş olan Ombudsmanlık Kurumu, Almanya'da Savunma Ombudsmanlığı ismiyle kurulmuş ve faaliyetlerini yürütmektedir.Çalışmanın temel amacı, kamu yönetiminde hesap verebilirlik mekanizmasının bir uzantısı olarak Ombudsmanlık kurumunun incelenerek, Almanya'da faaliyet gösteren "Savunma Ombudsmanlığı Kurumu"nun değerlendirmeye tabi tutulmasıdır. Bu amaç doğrultusunda hazırlanan çalışma kapsamında, kamu yönetiminde hesap verebilirlik kavramı genel hatlarıyla ele alınmakta, Ombudsmanlık Kurumu Almanya örneğinden hareketle irdelenmektedir. Çalışma genel bir değerlendirme ve sonuç kısmıyla nihayetlendirilmektedir.Bu kapsamda hazırlanan çalışmada, betimsel analiz yönteminden ve eleştirel literatür taramasından yararlanılmış, konu ile ilgili yazılmış ikinci kaynaklardan ve Almanya'da Ombudsmanlık Kurumu'nun dayanağı olan anayasal ve yasal düzenlemeler gibi birincil kaynaklardan faydalanılmıştır.


2021 ◽  
Vol 2 (4) ◽  
pp. 492-508
Author(s):  
Muhammad Asif ◽  
Majid Ali ◽  
Abdoulaye M’Begniga ◽  
Zhou Guoqing ◽  
Liu Yang ◽  
...  

China Pakistan Economic Corridor (CPEC) is an important Belt and Road Initiative (BRI) project that integrates many countries. The CPEC project will play a vital role to make more strong relationship between China and Pakistan. CPEC project will enhance cooperation between Pakistan and China in field of socio-cultural and regional Bilateral Cooperation and exchange. Despite growth between two countries in the economic and trade field, there is a vital area to explore the cultural exchange, cooperation, and communication needed to improve from both sides. In this theoretical study method, the data has been obtained from primary and secondary sources. The primary sources consisted of books, official databases of China and Pakistan, MoU signed b/w both countries, etc., as the secondary sources consisted of research papers, newspapers, journals, online databases, etc. This paper has an analytical overview of the time value and general cultural and artistic exchanges between China and Pakistan. Further, the paper discussed the relationship between literature, art, and economics. In this paper, researchers have also examined the significant role of people-to-people contact for socio-cultural exchange and cooperation between China and Pakistan.


2019 ◽  
Vol 4 (2) ◽  
pp. 87-100
Author(s):  
Aishath Muneeza ◽  
Shahbaz Nadwi

India is the home country for many Muslims and effective management of zakah is essential to the country. In this era of technology, it is imperative to use technology with zakat to ensure that the classical zakat administration approaches are upgraded to the uruf or customary practices of the society. The objective of this paper is to find out the potential of using technology in upgrading zakat administration in India. This is a qualitative approach where the primary sources such as zakat administration laws in India and secondary sources such as journal articles and published reports on the subject are analysed to derive conclusions. The findings of this paper suggest that the innovations such as rice ATMs, mobile applications, applications made with blockchain technology, artificial intelligence and big data can also play a vital role in the effective management of zakat in India. It is anticipated that the outcome of this research will assist the zakat administrators in India to adopt technology in this regard.   Keywords: Artificial intelligence, big Data, fintech, rice ATM, zakat


2019 ◽  
Author(s):  
Reginald Anosike Uzoechi

This paper considers and examines the extent of the applicability of the principles of fair hearing in administrative adjudication in Nigeria. The paper holds the view that administrative adjudicatory bodies are compulsorily bound by the principles of fair hearing as most of their functions affect the rights and obligations of individuals appearing before them. Bearing in mind that these principles of fair hearing (and others ancillary to them) are however not straight jacket principles, hence this paper. In achieving this purpose, the paper adopts the thematic and doctrinal methods of research. The paper adopts the analytical, critical, expository and comparative methods of presentation, with copious reference to the 1999 Constitution of the Federal Republic of Nigeria; Textbooks on Constitutional and Administrative Law and Human Rights Law; Statute books; Law Reports (Case Laws); National Assembly Gazettes, Local and International Journals as primary and secondary sources of material on the subject-matter.


Author(s):  
Rabia Noor

Imām Mawdūdī is among the famous commentator of Qur'ān in recent world. He is the commentator of “Tafhīm-ul-Qur'ān”. The aim of this article is deal with preferences and distinctive ideas presented by different commentators in their own commentaries so as to delineate various standpoints and interpretations. This study also highlighted a complete explanation from a single word to a complete verse of Sūrah Baqara. The article is centered on the idea that is twofold in its nature. The former deals with the ideas of different commentators on a specific point and first of all, the verse of Qur'ān is noted down, after that the subject matter and then the researcher refers to the text of Imam Mawdūdī is highlighted. The later part of the research deals with concluding thoughts that indicates the best idea among the varieties of commentaries in the light of those principles that make it best. The researcher has also presented primary and secondary sources of data regarding the subject matter that includes classical records and recent books. All the pertinent sources are mentioned at the footnotes of the article.


polemica ◽  
2018 ◽  
Vol 18 (3) ◽  
pp. 033-053
Author(s):  
Virgínia Maria Canônico Lopes ◽  
Marcelo Leles Romarco de Oliveira

Resumo: Este estudo analisou o Decreto nº 9.406 de 12 de junho de 2018, para tecer um ensaio crítico sobre a abordagem legislativa acerca das normas minerárias no Brasil, após as mudanças políticas ocorridas em 2016. Neste caso, referenciado pela expectativa de um Novo Marco Legal para a Mineração no Brasil, o estudo permeia a discussão sobre a justiça ambiental, em meio ao processo político e à condução política das questões minerárias. Metodologia: foi realizada uma análise bibliográfica e documental. Documentos em arquivos oficiais, como o próprio decreto em evidência, foram tratados como fontes primárias de pesquisa. As fontes secundárias foram os estudos sobre o tema, reunidos em obras literárias. Concluiu-se que a condução política do projeto mineral no governo brasileiro, à luz da justiça ambiental, ficou relegada ao segundo plano.Palavras-chave: Mineração. Governo. Justiça Ambiental.Abstract: This study analyzed Decree No. 9,406 of June 12, 2018 to provide a critical essay on the legislative approach to mining standards in Brazil, following the political changes in 2016. In this case, referenced by the expectation of a New Legal Framework for Mining in Brazil, the study permeates the discussion on environmental justice in the midst of the political process and political conduct of mining issues. Methodologically, a bibliographic and documentary analysis was carried out. Documents in official archives, such as the decree itself, were treated as primary sources of research. The secondary sources were the studies on the subject collected in literary works. The political conduct of the mineral project in the Brazilian government in the light of environmental justice is relegated to the background.Keywords: Mining. Government. Environmental Justice.


Author(s):  
Babayo Sule ◽  
Umar Adamu ◽  
Usman Sambo

The 2019 General Election is another milestone and a watershed in the efforts of Nigeria towards democratisation. It has been the six consecutive times that General Elections are successfully conducted in the Fourth Republic which has been unprecedented in the history of the country. This work investigated the major issues, challenges, successes and lessons learnt from the Election. It is notable that elections in Nigeria for over fifty (50) years remain a war-like affair and the phenomenon seem to be continuous despite the long experience of democratic practice in the current Republic. The research used both primary and secondary sources of data analysis. The primary sources consist of participant observation, data from the electoral body; the Independent National Electoral Commission (INEC) and reports from observers and civil societies that directly participated in the exercise. The secondary sources include books, journals, internet and other existing literature on the subject matter of study. The data obtained were analysed and discussed using a qualitative approach method where themes and sub-themes were identified and discussed analytically. The research discovered that the 2019 General Election was heralded with several issues, various challenges and some level of success and that there are lessons that are learnt from the process for future General Elections’ conduct in the country. The work recommends among other suggestions that for a better General Election in future in the country, some observed avoidable mistakes must be taken care of immediately and that the success part should be strengthened to ensure effectiveness.


Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Hangga Prajatama

In the business world, business competition or competence among business people in seizing the market is very reasonable. However, this becomes unnatural when the competition is carried out in an unfair manner, with the aim of preventing other business actors from competing (barrier to entry) or shutting down competitors' businesses. One form of anti unfair competition carried out by business actors in creating market power has been anticipated in Law Number 5 of 1999, namely the existence of price discrimination. The research method used is normative juridical, namely legal research that emphasizes the review of legal documents and library materials related to the subject matter. Based on the research that has been done, there is an Article that Regulates Regarding Price Discrimination in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, which is located in Article 6 which states that business actors are prohibited from making agreements that cause one buyer to pay a price that is different from the price that must be paid by other buyers for the same goods and / or services. and the Guidelines for the Business Competition Supervisory Commission on Implementation Provisions in Article 6 of Act Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.Keywords: Prohibition, Price Discrimination, Law No. 5 of 1999.


1986 ◽  
Vol 12 (5) ◽  
pp. 247-255 ◽  
Author(s):  
Clive Price ◽  
Rosemary A. Burley

An evaluative study of a selection of primary and sec ondary information sources of potential use for current aware ness in the field of occupational diseases is presented. This study identifies the more important English language primary sources of occupational diseases research information. Re search studies in the field of occupational diseases, however, are scattered widely in the medical literature. This study com pares the usefulness of a variety of secondary sources as current awareness tools for bringing together this widely scattered information. Several secondary sources are useful but, despite considerable overlap between these sources, no single source provides comprehensive coverage of the subject field. Scanning of a number of primary sources together with several secondary sources is recommended as the best means of keeping abreast of the latest research information in this subject area.


Sign in / Sign up

Export Citation Format

Share Document