Australia

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Legal System ◽  
Case Law ◽  
The Other ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
Other Hand ◽  
Wide Range ◽  
Domestic Law

Given the dualist nature of the Australian legal system, the potential for the Convention on the Rights of Persons with Disabilities (CRPD) to impact on case law is seemingly limited. Nevertheless, a wide range of Australian courts have referenced the Convention in their judgments, and the Convention has certainly been used to bolster or support the reasoning of courts in a number of cases, with at least one court going as far as interpreting Convention provisions and using this interpretation to further the development of domestic law on disability rights. On the other hand, Australian courts have also on occasions explicitly stated that they found the Convention to be inapplicable or irrelevant and have given a variety of reasons for reaching this finding. The Australian cases explored in this chapter therefore represent a wide diversity of judicial responses to the CRPD, and provide the basis for a fruitful discussion and analysis.

India

2018 ◽  
Author(s):  
Shreya Atrey
Keyword(s):  
Human Rights ◽  
Final Analysis ◽  
Case Law ◽  
Social Model ◽  
Disability Rights ◽  
Appellate Courts ◽  
Persons With Disabilities ◽  
High Courts ◽  
The Supreme Court ◽  
Domestic Law

This chapter provides an expository account of Indian appellate courts’ engagement with the Convention on the Rights of Persons with Disabilities (CRPD) and the developing case law on disability rights. As a dualist State, India has ratified but not incorporated the CRPD into its domestic law. This has not deterred frequent references to the CRPD in litigation at the highest level. The appellate courts—High Courts and the Supreme Court—have resorted to the CRPD in diverse ways. The analysis of the small but not insignificant body of case law shows that these instances can be classified into two broad themes of ‘citation’ and ‘interpretation’. In the final analysis, the overall impact of references to the CRPD can be considered largely positive but still modest in the absence of new legislation embracing the human rights framework and social model of the CRPD in India.

The Domestication of the Convention on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Direct Effect ◽  
Legal Status ◽  
Case Law ◽  
Legal Systems ◽  
Persons With Disabilities ◽  
International Treaty ◽  
Four Dimensions ◽  
Relevant Case ◽  
Similarities And Differences ◽  
Domestic Law

This chapter reflects on jurisdiction-specific approaches to the domestication of the Convention on the Rights of Persons with Disabilities (CRPD), considering in particular the domestic legal status of the CRPD and the relevance of that legal status for case law. The chapter explores four dimensions of the CRPD’s legal status: direct effect; indirect interpretative effect (where the CRPD influences the interpretation given to domestic law); use of the CRPD because of commitments to another international treaty; and absence of domestic legal status. With the exception of the first category, all dimensions can potentially present themselves in legal systems which tend towards the monist approach as well as in those which tend towards the dualist approach. The chapter discusses examples of relevant case law and reflects on similarities and differences emerging from a comparison of that case law.

Italy

2018 ◽  
Author(s):  
Delia Ferri
Keyword(s):  
Significant Influence ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Constitutional Court ◽  
Judicial Activism ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Indirect Discrimination ◽  
Legal Concepts ◽  
Domestic Law

Italy was among the first countries to sign the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2007, and ratified it in 2009 by Law 18/2009. Since then, the Convention has displayed significant influence on case law, and provoked a degree of judicial activism. This chapter provides an overview of how Italian courts have used and interpreted the CRPD. It highlights how Italian lower and higher courts, including the Constitutional Court and the Court of Cassation, have attempted to overcome the gap between domestic law and the CRPD, by ‘rethinking’ legal concepts in light of the Convention. This is evident with regards to the field of legal capacity and the domestic provisions of the civil code on the ‘administration of support’, but also to non-discrimination legislation, the scope of which has been evidently enlarged to encompass the failure to provide reasonable accommodation as a form of indirect discrimination.

Reactions of polar dienes with o-quinones

1989 ◽  
Vol 67 (8) ◽  
pp. 1354-1358 ◽  
Author(s):  
Jacques Paquet ◽  
Paul Brassard
Keyword(s):  
The Other ◽  
Other Hand ◽  
Wide Range ◽  
Ketene Acetal

The behaviour of various types of polar dienes towards halogenated ortho quinones has been investigated in a number of representative cases. As compared to the commonly used para analogues, o-quinones provide a wide range of products that indicate a keener response to the nature, number, and position of substituents on both reactants. 3-Halogenated-o-naphthoquinones 1 and 2 react smoothly with a representative vinologous ketene acetal 3, vinylketene acetals 4 and 5, and a monooxygenated diene 6 to provide variously substituted phenanthrenequinones 7–11. Only monooxygenated dienes on the other hand add to o-benzoquinones 14–16 and give convenient syntheses of the corresponding o-naphthoquinones 18–20. Keywords: cycloaddition, o-naphthoquinones, phenanthrenequinones, regiospecificity.

The Council of Trent Revisited

2002 ◽  
Vol 55 (1) ◽  
pp. 1-37 ◽  
Author(s):  
Craig A. Monson
Keyword(s):  
The Other ◽  
Council Of Trent ◽  
Local Authorities ◽  
Other Hand ◽  
Wide Range ◽  
Official Status

Abstract Reexamination of a wide range of documents surrounding the twenty-second, twenty-fourth, and twenty-fifth sessions of the Council of Trent reveals that delegates strived officially to say as little as possible about music: only that secular or impure elements should be eliminated and that specific issues should be settled locally, by individual bishops and provincial synods. But, beginning with Gustave Reese, several scholars have misleadingly strung together a preliminary canon, stressing textual intelligibility, which was never approved in the general congregations, and the few lines that actually supplanted it, concerned only with the elimination of lasciviousness. On the other hand, a largely unrecognized or misunderstood attack on church polyphony did occur at the less familiar twenty-fifth session, when Gabriele Paleotti may have attempted to suppress elaborate music in female monasteries. Although this attempt was rejected in the general congregations, its restrictions were subsequently revived by local authorities such as Paleotti and Carlo Borromeo in their own dioceses. In the Council's immediate aftermath, reformers such as Paleotti and Borromeo once again focused on the issue of intelligibility, affording it a quasi-official status that seems to have quickly become widely accepted as “iuxta formam concilii.”

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

Diversification of α–Ketoamides via Transamidation Reactions with Alkyl and Benzyl Amines at Room Temperature

2021 ◽  
Author(s):  
Shweta Singh ◽  
Sureshbabu Popuri ◽  
Qazi Mohammad Junaid ◽  
Sabiah Shahul Hameed ◽  
Jeyakumar Kandasamy
Keyword(s):  
Room Temperature ◽  
The Other ◽  
Alkyl Amines ◽  
Other Hand ◽  
Wide Range

A wide range of N-tosyl α–ketoamides underwent transamidation with various alkyl amines in the absence of catalyst, base, or additives. On the other hand, transamidation in N-Boc α–ketoamides is achieved...

scholarly journals Złożenie skargi przez konsumenta za pośrednictwem ODR (Online Dispute Resolution) – internetowego systemu rozstrzygania sporów

2019 ◽  
Vol 17 (1) ◽  
pp. 183-194
Author(s):  
Anna Rogacka-Łukasik
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The Other ◽  
Online Dispute Resolution ◽  
Other Hand ◽  
Resolution System ◽  
Wide Range ◽  
Technical Innovations ◽  
Modern Form ◽  
Dispute Resolution System

ADR (Alternative Dispute Resolution), as a non-judicial resolution of disputes, is a wide range of mechanisms that aim to put an end to a conflict without the need of conducting a trial before the court. On the other hand, the modern form of ADR is ODR (Online Dispute Resolution) – an online dispute resolution system that is the expression of the newest means of communication and technical innovations in order to help in non-judicial dispute resolving. The goal of this publication is to present the ODR platform and, in particular, to describe the process of filing a complaint by the consumer by means of it.

scholarly journals The Malta case: distributed ledger technologies (dlts) and Islamic commercial law in the European union. A European controversy.

2020 ◽  
Vol 9 ◽  
pp. 99-109
Author(s):  
Francisco Javier Heredia Yzquierdo
Keyword(s):  
European Union ◽  
Legal System ◽  
Human Activities ◽  
The Other ◽  
The European Union ◽  
Commercial Law ◽  
Legal Principles ◽  
State Of The Union ◽  
Distributed Ledger ◽  
Other Hand

The Shariʿa Law has a comprehensive vision of all human activities, including commerce. The peculiarities of the commercial legal system that derives from the legal principles of Shariʿa emanates from the concepts of forbidden or Haram and permissible or Halal. These principles are applied today to breakthrough commercial developments such as the Blockchain/Digital Ledger Technologies. On the other hand, there is a growing debate about the possibility of the application of Shariʿa Law in the Member States of the European Union, either for social reasons or for commercial reasons. The controversy and opportunities created in the smallest State of the Union, Malta, serves as a sample.

scholarly journals Historical Development over Religious Liberty in the Indonesian Constitution

2020 ◽  
Vol 3 (1) ◽  
pp. 65-74
Author(s):  
Mahaarum Kusuma Pertiwi
Keyword(s):  
Legal System ◽  
Historical Development ◽  
The State ◽  
Religious Liberty ◽  
The Other ◽  
Constitutional Amendment ◽  
Court Decisions ◽  
Other Hand ◽  
Political Consensus

This paper finding is the existence of recurring unsettled negotiation between the Islamists and the Nationalists during three important constitutional works in Indonesia (the making of 1945 Constitution; the work of Konstituante to draft a new constitution in 1955-1959; and the constitutional amendment 1999-2002). Such fragile political consensus creates a legal gap in the Indonesian legal system: constitutional guarantee on religious liberty on one hand, and discriminative derivative laws and court decisions in relate to religious liberty on the other hand. This paper argues the legal gap happens because historically, discourse over religious liberty never settled during constitutional debates. It leads to ambiguous constitutional articles on religious liberty such as the seemingly contradicting Article 28 I (1) on absolute rights and Article 28 J (2) on the limitation of rights. The ambiguous constitutional articles give no solid basis for protecting religious liberty, especially for minority, although explicitly Article 29 (2) of the Constitution stating, ‘The State guarantees freedom of every inhabitant to embrace his/ her respective religion and to worship according to his/ her religion and faith as such’. This paper will explain the unsettled negotiations during the making of Pancasila and the Jakarta Charter in 1945; the debate within Konstituante’s work in 1959; and the debate during constitutional amendment in 1999-2002.

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