Child Health Law

2018 ◽  
pp. 113-125
Author(s):  
Roddy O’ Donnell
Keyword(s):  
Child Health ◽  
Effective Action ◽  
The State ◽  
Best Interests ◽  
Health Law ◽  
Legal Concept ◽  
The People ◽  
Parens Patriae ◽  
The Uk ◽  
Almost All

lIn the UK, every human being below the age of 18 years is considered a child in the eyes of the law. In the legal concept known as parens patriae, the state has a duty to protect dependent persons from harm. All clinicians are duty bound to act in the child’s best interests and the child’s welfare must be paramount. In almost all circumstances, it should be expected that the people who speak for their child’s best interests will be their parents or legal guardians. In the past 20 years, consideration of when children should be considered capable of making informed choices about their medical treatment and when the state should decide has changed considerably. Under UK law, all NHS organizations and their employees must now undertake measures to protect a child in their care such that disclosure and effective action to protect children overrides the duty to maintain confidentiality.

scholarly journals KONSEP HUKUM PENGADAAN TANAH UNTUK PEMBANGUNAN JALAN TOL DALAM PERSPEKTIF HAK MENGUASAI NEGARA

Yurispruden ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 93
Author(s):  
Diyan Isnaeni
Keyword(s):  
Road Construction ◽  
The State ◽  
Customary Law ◽  
Land Acquisition ◽  
Legal Concept ◽  
Toll Road ◽  
The People ◽  
Road Development ◽  
The Government ◽  
The Right

ABSTRACT Problems faced by the government in the implementation of development include the issue of providing land for development itself, including the acquisition of land for toll road construction. because state land which is directly controlled by the state is limited or can be said to be almost nothing anymore. To acquire land for toll road development by the government by freeing people's land, both controlled by customary law, and other rights attached to it. In implementing Law Number 2 of 2012 as a juridical basis, the government carrying out land acquisition for toll road construction often creates problems both juridical and empirical.The legal concept of land acquisition for toll road development in the perspective of the right to control the state, must be returned to the nature of the public interest and the nature of the state's right to control for the greatest prosperity of the people by continuing to create development based on humanitarian principles, meaning that it must continue to prioritize and pay attention to private rights which constitute constitutional rights of the people. Keywords: Land Procurement, toll road construction   ABSTRAK Permasalahan yang dihadapi oleh pemerintah dalam pelaksanaan pembangunan diantaranya adalah masalah penyediaan tanah untuk pembangunan itu sendiri, termasuk pengadaan tanah untuk pembangunan jalan tol.  karena tanah negara yang dikuasai langsung oleh negara terbatas atau dapat dikatakan hampir tidak ada lagi. Untuk memperoleh tanah untuk pembangunan jalan tol oleh pemerintah dengan membebaskan tanah milik rakyat, baik yang dikuasai oleh hukum adat, maupun hak-hak lainnya yang melekat diatasnya. Dalam implementasinya Undang-Undang Nomor 2 Tahun 2012 sebagai landasan yuridis pemerintah melaksanakan pengadaan tanah untuk pembangunan jalan tol  sering menimbulkan permasalahan baik secara yuridis maupun empiris.Konsep hukum pengadaan tanah untuk pembangunan jalan tol dalam perspektif hak menguasai negara, harus dikembalikan pada hakekat kepentingan umum dan hakekat hak menguasai negara yaitu untuk sebesar-besar kemakmuran rakyat dengan tetap menciptakan pembangunan yang berlandaskan asas kemanusiaan artinya harus tetap  memprioritaskan dan memperhatikan hak privat yang merupakan hak konstitusional rakyat. Kata Kunci: Pengadaan Tanah, pembangunan jalan tol

scholarly journals During a crisis caused by a pandemic, it is best to invest In green energy

2021 ◽  
Vol 9 (2) ◽  
pp. 8-18
Author(s):  
Marija Mihajlović ◽  
Ljiljana Stošić-Mihajlović ◽  
Svetlana Trajković
Keyword(s):  
Public Health ◽  
Health Risks ◽  
Green Energy ◽  
The State ◽  
Economic Consequences ◽  
Health Measures ◽  
Change Policy ◽  
The People ◽  
Geographically Targeted ◽  
Almost All

Numerous analyzes show that various factors, including mass vaccination and better virus control, have helped to change policy of job restraint and closure, especially in the SME sector. The governments of almost all countries have recognized that geographically targeted and sector-specific measures are more acceptable to the people and thus reduce the negative economic consequences of a pandemic. However, the fact is that the health risks are still very pronounced, so it is necessary to establish a balance between public health measures against the virus and measures to support workers and companies affected by the consequences of the pandemic. The question is: where to invest during the pandemic, and especially after, when the pandemic passes? In this paper, we will talk about the measures of the state to help the economy, now that it is the most difficult. In particular, we will talk about sectors that have a future, and are related to the energy sector (especially RES), economy and environment.

scholarly journals Insurgency in the State of North-East

2017 ◽  
Vol 5 (1) ◽  
Author(s):  
Begum Nurjahan
Keyword(s):  
Identity Development ◽  
Armed Forces ◽  
Linguistically Diverse ◽  
The State ◽  
Complex Situation ◽  
Industrial Growth ◽  
North East ◽  
The North ◽  
The People ◽  
Almost All

The North East is one of the most ethnically and linguistically diverse regions in India. The numerous fairs and festivals celebrated by these communities and their friendly nature are irresistible attractions for the visitors. However, the maximum concentration of the Tibeto-Burman speakers is found in the North East: in comparison to any part of the Country. The problem of insurgency in the Northeast has reached all-time high. Almost all Northeast is under Armed forces under special powers Act. Their presence is due to unrest or ethnic uprising, which is due to unemployment, intolerance, frustration and alienation among the people in general, and youths in particular. There are many reasons behind the problem of insurgency/ terrorism. Some of which is lack of political will and determination to make the people of this region to have feelings of oneness and sense of belongingness to the country. Due to not having any industrial growth, the States have lack of employment opportunity, lack of proper facilities, planning etc. The other reason is the geographical isolation/location of the states of Northeast from rest of the country. Due to this, there is lack of communication, poor transportation, no opportunity for sending agriculture and other produces outside the state etc. All these adversely affect the economic development. A number of studies showed that deprivation, unemployment, racial discrimination, ethnicity, minority status, and so on show altogether different impact on identity development. Ethnic minorities who form sub-segment in the society have low self-esteem and find themselves in a complex situation (Taifel, 1978, and Morris).

scholarly journals A Written Constitution: A Case Not Made

2021 ◽  
Author(s):  
Jo Eric Khushal Murkens
Keyword(s):  
The State ◽  
Bill Of Rights ◽  
The People ◽  
Fault Lines ◽  
The Uk ◽  
Constitution Making

Abstract Whether the UK needs a written constitution is a staple of British constitutional debates. Over the years, the fault lines have shifted from whether to incorporate a Bill of Rights to much deeper disagreement with respect to the people and the central power of the state. In this article I neither endorse the conservative case against a written constitution nor argue for the existing constitution to be codified. Instead, I first assess the content of various proposals for a written constitution. I then problematise the process of constitution making by asking not whether the UK constitution should be codified, but by relating the constitution to the people as the authors and to the state as its object.

scholarly journals Perfis políticos e resistência: O Paraná e a ditadura (1964-1985)

2021 ◽  
Author(s):  
José Jailton Camargo
Keyword(s):  
Social Movement ◽  
Social Order ◽  
Theoretical Framework ◽  
The State ◽  
Primary Sources ◽  
Military Dictatorship ◽  
The People ◽  
Personal Action ◽  
Public Archives ◽  
Almost All

This research presents resistance actions effected by people who were residing in Paraná state during the civil-military dictatorship of 1964. This research focuses on personal action, although almost all the people who were mentioned were connected to any political or social movement. The objective is to understand actions taken by individuals, without privileging the groups they belonged, and actions that were registered by the agents of repression in their records and individual folders. The primary sources used in the research are available at Paraná’s Public Archives Department, in the collection of the former Bureau of the state Political and Social Order. Other sources are also used to support elucidating these actions, allowing assess the repressor’s speech about the blacklisted with other discourses. Due to that political moment, we understand that these acts of resistance implied on political courage and on resistance ethic, which marked the decision to act rather than merely behave. The work of Hannah Arendt and its reflections on politics is used as the main theoretical framework.

The Mutapa Dynasty: A Comparison of Documentary and Traditional Evidence

1976 ◽  
Vol 3 ◽  
pp. 1-17 ◽  
Author(s):  
D.N. Beach
Keyword(s):  
Fifteenth Century ◽  
The State ◽  
The North ◽  
The People ◽  
History Of ◽  
Lines Of Descent ◽  
Secondary Writing ◽  
Almost All ◽  
New Settlements ◽  
Zambezi River

The Mutapa state occupied a triangle of land between the Zambezi river in the north, the Hunyani river and Umvukwe range on the southwest, and the Mazoe and Ruenya rivers on the southeast. It thus consisted of a small segment of the southern Zambezian plateau and an arc of the Zambezi valley lowlands. The state dated back to at least the fifteenth century, and some branches of its ruling dynasty continue to control fragments of the state under the governments of Rhodesia and Mozambique. These descendants of the Mutapa dynasty, like their fellow-members of the Korekore dialect cluster of the Shona-speaking peoples, retain traditions of their past that are passed on from generation to generation by an informal learning process. These traditions are almost all devoted to the ruling dynasties rather than to the mass of the people and are especially concerned with lines of descent and land rights. They range from myths to relatively accurate factual accounts, with a wide variety of traditions between these two extremes. It was at one time thought that the mediums of mhondoro ancestral spirits were equivalent to the professional tradition-keepers of states such as Rwanda, but this theory has not been adequately proven.The Mutapa state is of especial interest because it is the only one of four known major Shona states—Zimbabwe, Torwa, Mutapa, and Changamire—to escape being uprooted entirely by new settlements of people, and the only one that was close to Portuguese centers (in which information was recorded). It has thus been possible to compare traditions and documents in a way that cannot be done for the other states. Because of the reluctance or inability of many researchers to work in Rhodesia and Mozambique in the last fifteen years, the history of the Mutapa state has been heavily dependent upon the work of D.P. Abraham, at least as far as traditions are concerned. Abraham collected traditions from ca. 1950 to 1971; but so far the only works of his that are readily available are eight papers, of which the most important were produced in the period 1959-1963. These have formed the basis of most of the secondary writing on the Shona states; the inter-relationship between them and a developing archaeology has been discussed in an earlier article, and only a few points of this discussion need be brought in here.

From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland

2016 ◽  
Vol 6 (2) ◽  
pp. 118-135
Author(s):  
Lucia Della Torre
Keyword(s):  
General Rule ◽  
The State ◽  
The Other ◽  
Specific Field ◽  
Widespread Phenomenon ◽  
Judicialization Of Politics ◽  
The Uk ◽  
Migration Law

Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.

The Open Society and the Democracy to Come: Bergson, Deleuze and Guattari

2016 ◽  
Vol 10 (3) ◽  
pp. 352-366 ◽  
Author(s):  
Bruce Baugh
Keyword(s):  
Political Philosophy ◽  
The State ◽  
Open Society ◽  
Minor Literature ◽  
Deleuze And Guattari ◽  
The People ◽  
To Come ◽  
Polar Opposite ◽  
A Minor ◽  
Gain Access

In Bergsonism, Deleuze refers to Bergson's concept of an ‘open society’, which would be a ‘society of creators’ who gain access to the ‘open creative totality’ through acting and creating. Deleuze and Guattari's political philosophy is oriented toward the goal of such an open society. This would be a democracy, but not in the sense of the rule of the actually existing people, but the rule of ‘the people to come,’ for in the actually existing situation, such a people is ‘lacking’. When the people becomes a society of creators, the result is a society open to the future, creativity and the new. Their openness and creative freedom is the polar opposite of the conformism and ‘herd mentality’ condemned by Deleuze and Nietzsche, a mentality which is the basis of all narrow nationalisms (of ethnicity, race, religion and creed). It is the freedom of creating and commanding, not the Kantian freedom to obey Reason and the State. This paper uses Bergson's The Two Sources of Morality and Religion, and Deleuze and Guattari's Kafka: For a Minor Literature, A Thousand Plateaus and What is Philosophy? to sketch Deleuze and Guattari's conception of the open society and of a democracy that remains ‘to come’.

KONSTITUSI EKONOMI SYARIAH DI INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 161-74
Author(s):  
Syaugi Syaugi
Keyword(s):  
Economic System ◽  
Legal System ◽  
The State ◽  
Economic Life ◽  
Legal Concept ◽  
Economic Law ◽  
National Economic ◽  
Economic Ideology

    As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of constitution, the implementation of sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formallyconstitution. Formally shariah means the existence of shariah economy has a strong foundation in Indonesian legal system. Formally constitution means, in the context of the state, Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system givesa place to the shariah economy.

KEPEMIMPINAN NON MUSLIM DALAM TAFSIR AL-MISBAH KARYA M. QURAISH SHIHAB

2018 ◽  
Vol 2 (2) ◽  
pp. 101-115
Author(s):  
Munawir Munawir
Keyword(s):  
The State ◽  
Historical Approach ◽  
State Constitution ◽  
The People ◽  
Political Relations ◽  
Inferential Method ◽  
Problematic Issue ◽  
Core Issue

Non-Muslim leadership becomes a problematic issue in the context of inter-religious relations in Indonesia, especially for Muslims in conducting religious-social-political relations with non- Muslims. The problematic position of this non-Muslim leadership issue is the state constitution allows but the religious constitution (based on the textuality of the Qur'an) forbids. How does M. Quraish Shihab respond as well as answer the problematic of the people in the case? It is this core issue that will be tested by the answer through this research. Using the descriptive-inferential method and the philosophical-historical approach (philosophical and historical approach), the conclusion that M. Quraish Shihab in interpreting the verses (ban) of non-Muslim leadership (Surat al-Maidah: 51, QS Ali 'Imran: 28, and QS al-Mumtahanah: 1) is contextual, or in other words, the verses are understood to be sociological and not theological. Therefore he allows non-Muslim leadership as long as the non-Muslims are not of a hostile group of Islam, even he does not allow the leadership of a Muslim if a Muslim is actually injurious Islam and harms the interests of Muslims.

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