Court on the Judiciary

2020 ◽  
pp. 135-140 ◽  
Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer
Keyword(s):  
Due Process ◽  
The State ◽  
Public Employment ◽  
Just Compensation ◽  
The Creation ◽  
To Receive

This chapter studies Article VII-A of the Oklahoma constitution, which concerns the court on the judiciary. Section 1 provides for the removal of judges from office and compulsory retirement, and their causes. As long as the standards used are constitutionally permissible and due process is followed, the state may exclude from public employment people—and presumably judges—whose unfitness and unsuitability bears a rational relationship to qualifications for the position in question. Section 2 provides for the creation, membership, and jurisdiction of the court on the judiciary, which is divided into a trial division and an appellate division. Meanwhile, Section 6 attempts to restrict partial or prejudiced judges from presiding over an action before the court on the judiciary, and allows the payment of an expense allowance to district judges serving outside their districts. Prosecutors are to receive “fair and just” compensation.

Enkev Beheer BV (of the Netherlands) v. Republic of Poland

ICSID Reports ◽  
2021 ◽  
Vol 19 ◽  
pp. 630-648
Keyword(s):  
Due Process ◽  
The State ◽  
Third Party ◽  
Waiting Period ◽  
Content Type ◽  
Fair And Equitable Treatment ◽  
Just Compensation ◽  
Default Rules ◽  
Equitable Treatment ◽  
Almost All

630Procedure — Addition of a party — Conditional application — UNCITRAL Rules, Article 22 — UNCITRAL Rules, Article 17 — Whether the UNCITRAL Rules or lex loci arbitri allowed for applications to be made conditional on a tribunal’s future decision — Whether the application was consistent with the State’s procedural rights — Whether the amendment to a claim under Article 22 of the UNCITRAL Rules allowed for the addition of a third party as claimantJurisdiction — Investment — Shares — Whether an investor’s shares and rights derived from those shares were protected investments under the BITJurisdiction — Investment — Assets of subsidiary — Whether profits, goodwill or know-how of a local subsidiary constituted investments of the investor protected by the BITJurisdiction — Consent — Cooling-off period — Premature claims — Whether the investor had communicated its own claims rather than those of its local subsidiary — Whether the investor’s failure to comply with a waiting period of six months under the BIT required a tribunal to deny jurisdiction or admissibility — Whether the negotiation of a local subsidiary’s dispute in good faith was relevant to jurisdiction over a foreign investor’s claimsInterpretation — Cooling-off period — VCLT, Article 31 — Object and purpose — Whether the object and purpose of the BIT required a tribunal not to adopt a strict or formalistic interpretation of the waiting period of six monthsRemedies — Declaratory award — Interpretation — Just compensation — Whether the tribunal had jurisdiction under the BIT to make a declaratory award on the interpretation and application of the term “just compensation”Jurisdiction — Dispute — Whether the tribunal had jurisdiction under the BIT to advise the parties of an imminent disputeExpropriation — Direct deprivation — Shares — Rights derived from shares — Whether the State directly deprived the investor of its rights as a shareholder in its local subsidiaryExpropriation — Indirect deprivation — Shares — Rights derived from shares — Whether the shares had lost all or almost all significant commercial value — Whether the measures were adopted in the public interest — Whether due process had been followed — Whether there were any undertakings by the StateExpropriation — Interpretation — “Just compensation” — Whether there was any difference between the terms of the BIT and general international law — Whether the meaning of just compensation could be determined in the abstract631Fair and equitable treatment — Whether the impending expropriation constituted a breach of the standard of fair and equitable treatment — Whether the claim concerned the investor’s rights derived from sharesFull protection and security — Whether the State failed to protect an investment from expropriation by local authorities — Whether the claim concerned the investor’s rights derived from sharesUmbrella clause — Whether there was any assurance directed at the investor that created any legal obligations — Whether the claim concerned the investor’s rights derived from sharesCosts — Arbitration costs — Variation by agreement — UNCITRAL Rules — Whether the terms of the BIT varied the default rules for the allocation of arbitration costs

PERSINGGUNGAN KEWENANGAN MENGADILI PENYALAHGUNAAN DISKRESI ANTARA PENGADILAN TUN DAN PENGADILAN TIPIKOR / INTERCEPTION OF JUSTICE AUTHORITY OF DISCRETION ABUSE BETWEEN ADMINISTRATION COURT AND CORRUPTION COURTS

2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Administrative Law ◽  
The State ◽  
Government Officials ◽  
Criminal Process ◽  
The Supreme Court ◽  
State Finance ◽  
The Law ◽  
To Receive

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.

ACHIEVEMENTS AND PROSPECTS OF ONOMASTIC STANDARDIZATION: BELARUSIAN EXPERIENCE

2020 ◽  
pp. 72-82
Author(s):  
I.L. Kapylou
Keyword(s):  
Proper Names ◽  
Legal Framework ◽  
The State ◽  
The Creation

The article describes the achievements and determines the prospects for the standardization of Belarusian onyms: it examines the problems associated with the establishment of official written forms of toponyms, the creation of normative onomastic reference books, the functioning of onyms in the situation of the state Belarusian-Russian bilingualism in Belarus, the transliteration of foreign names into the Belarusian language, the preparation of a legal framework and development of a program for proper names romanization.

The Museum Istiqlal The Case of an Indonesian Islamic Museum

SUHUF ◽  
2015 ◽  
Vol 4 (2) ◽  
pp. 341-357
Author(s):  
Jonathan Zilberg
Keyword(s):  
Public Sphere ◽  
The State ◽  
Education Sector ◽  
Significant Potential ◽  
The Creation ◽  
The Government

This article describes the conflicted genesis of the Museum Istiqlal, the history of  the creation of the collection, and the state of the institution relative to other Indonesian museums. It emphasizes both  positive developments underway and the historical problems facing the institution. Above all, it focuses on the role the museum was originally intended to serve for the Indonesian Muslim public sphere and the significant potential the museum has to better serve that mission in the national and international sphere. In short, the article emphasizes that in the context of the Government of Indonesia’s current four year plan to revive the museum sector, the problems and opportunities presented at the Museum Istiqlal are symptomatic of endemic national challenges for both the museum and the education sector.

Love Divine

2020 ◽  
Author(s):  
Jordan Wessling
Keyword(s):  
Human Beings ◽  
Divine Love ◽  
Emotional Life ◽  
Systematic Account ◽  
God's Love ◽  
The Creation ◽  
To Receive ◽  
Wrath Of God

This book provides a systematic account of the deep and rich love that God has for humans. Within this vast theological territory, the objective is to contend for a unified paradigm regarding fundamental issues pertaining to the God of love who deigns to share His life of love with any human willing to receive it. Realizing this objective includes clarifying and defending theological accounts of the following: • how the doctrine of divine love should be constructed; • what God’s love is; • what role love plays in motivating God’s creation and subsequent governance of humans; • how God’s love for humans factors into His emotional life; • which humans it is that God loves in a saving manner; • what the punitive wrath of God is and how it relates to God’s redemptive love for humans; • and how God might share His intra-trinitarian love with human beings. As the book unfolds, a network of nodal issues are examined related to God’s love as it begins in Him and then overflows into the creation, redemption, and glorification of humanity. The result is an exitus-reditus structure driven by God’s unyielding love.

scholarly journals “Crazy Jack” and the “Gay CEO”: Visions, Entrepreneurship, and the Chinese State in the New Digital Economy

2021 ◽  
Vol 50 (1) ◽  
pp. 63-85
Author(s):  
Marina Svensson
Keyword(s):  
Social Relations ◽  
Personal Narratives ◽  
Digital Economy ◽  
The State ◽  
Business Leader ◽  
Online Spaces ◽  
Chinese State ◽  
To Receive

This article analyses the visions, careers, and companies of Jack Ma of Alibaba and Geng Le of Blue City. Jack Ma is a well-known business leader and visionary, whereas the less well-known Geng Le only began to receive more attention since launching a successful gay dating app in 2012. The article focuses on the personal narratives and visions of these two IT entrepreneurs. It provides new perspectives on the role of individual entrepreneurs in relation to the Chinese state’s global ambitions and vision of creating a “strong internet country.” It argues that the commercialisation and platformisation of the Chinese internet, and the growing transnational nature of Chinese IT companies, serve to make them more, not less, co-dependent of the state and its visions. The internet’s emancipatory potential is today increasingly conflated with consumption, and online spaces and social relations are subject to both commodification and datafication.

Termination of Skilled Nursing Facility Medicaid Provider Agreements: Procedural Due Process Requirements

1981 ◽  
Vol 6 (4) ◽  
pp. 451-493
Author(s):  
Nancy Elizabeth Jones
Keyword(s):  
Due Process ◽  
Skilled Nursing Facility ◽  
Health And Safety ◽  
The State ◽  
Federal Regulations ◽  
Nursing Facility ◽  
Skilled Nursing ◽  
Medicaid Reimbursement ◽  
Emergency Situations ◽  
Procedural Due Process

AbstractWhen a state Medicaid agency terminates its provider agreement with a skilled nursing facility, federal regulations give the state the option of providing a pretermination evidentiary hearing; they do not, however, require that a state provide such a hearing. If a state chooses not to grant a pretermination hearing, as a number of states have done, federal regulations require: (1) an informal written reconsideration made by the state and submitted to the skilled nursing facility before the effective date of the termination, and (2) a posttermination evidentiary hearing.This Article argues that a skilled nursing facility has a right under the due process clauses of the fifth and fourteenth amendments of the U. S. Constitution to an evidentiary hearing before termination of its Medicaid provider agreement. The author claims that a skilled nursing facility's interest in continued receipt of Medicaid reimbursement under its provider agreement is a property interest entitled to constitutional due process protections, and not merely an expectation of economic benefit that does not implicate constitutional due process considerations.The Article concludes that, except in emergency situations, state Medicaid agencies are constitutionally required to grant a provider a pretermination, rather than a posttermination, evidentiary hearing. This procedure would protect the provider and its patients from the severe effects of an erroneous termination, while furthering the governmental interest in ensuring the health and safety of skilled nursing facility patients. The format for such a hearing should allow for the participation, with the assistance of counsel, of both the skilled nursing facility and its patients.

Prologue to peacekeeping: Ireland and the Saar, 1934–5

1997 ◽  
Vol 30 (119) ◽  
pp. 420-428 ◽  
Author(s):  
Michael Kennedy
Keyword(s):  
League Of Nations ◽  
The State ◽  
Secretary General ◽  
Free State ◽  
International Labour Organisation ◽  
High Commissioner ◽  
The Status ◽  
Assistant Director ◽  
The Creation ◽  
International Peacekeeping

A list from September 1939 of files destroyed by the Department of External Affairs in the invasion scares of 1939–40 contains an intriguing reference to the possibility of dispatching Irish military forces to the Saarland on the Franco-German border in the winter of 1934–5. There they would serve as part of an international peacekeeping force while a plebiscite on the status of the territory was carried out under League of Nations auspices in January 1935. The context of this article is the events surrounding the creation of the peacekeeping force in December 1934.That the Irish Free State should be mentioned as a possible contributor to the international force for the Saar is an illustration of the emerging mediatory role the state was to adopt after its three-year term on the League Council concluded in September 1933. With an Irish diplomat, Sean Lester, seconded to League service as High Commissioner in Danzig from 1934, and with Irish-born Edward Phelan, Assistant Director of the International Labour Organisation, being mentioned as a possible contender for the League post of Deputy Secretary-General in 1933, and with Eamon de Valera rising in importance as an international statesman and League supporter, Ireland’s involvement in the Saar was both an illustration and a result of the state’s prominent position in the League in the early to mid-1930s.

Scribes, Cooks, and Artisans: Breaking Zhou Tradition

Early China ◽  
1995 ◽  
Vol 20 ◽  
pp. 241-277 ◽  
Author(s):  
Constance A. Cook
Keyword(s):  
The State ◽  
The Other ◽  
Political Control ◽  
Other Hand ◽  
Bronze Vessels ◽  
Western Zhou ◽  
The Creation ◽  
Bronze Inscriptions ◽  
Eastern Zhou

Bronze Inscriptions of the Western Zhou period show how ritualists were once dedicated to maintaining the ritual apparatus supporting the divine authority of the royal Zhou lineage. Bronze and bamboo texts of the Eastern Zhou period reveal, on the other hand, that ritualists able to manipulate local rulers reliant on their knowledge subsequently subverted power into their own hands. Ritualists such as scribes, cooks, and artisans were involved in the transmission of Zhou “power” through the creation and use of inscribed bronze vessels during feasts. The expansion and bureaucratization of their roles in the Chu state provided economic and ultimately political control of the state. This was particularly the case as the Chu, like the Zhou before them, fled east to escape western invaders.

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