A Bankers’ Bank

2020 ◽  
pp. 85-107
Author(s):  
Einar Lie
Keyword(s):  
Monetary Union ◽  
Legal Framework ◽  
Central Banks ◽  
International Context ◽  
The Third ◽  
The Law ◽  
The Government

This chapter details the Storting’s passing of a new law in 1892 which superseded all former laws pertaining to Norges Bank. As with the bank’s foundations of 1816, the 1892 act reflected its era and responded to the perceptions and needs of that period. The new law facilitated the transformation of the regionalized bank of issue into an institution more closely resembling central banks elsewhere. Discussions on the legal framework were thus held with varying intensity from the 1870s and onwards. Three conditions in particular influenced the process and the final character of the law. The first was the international context the law itself was a part of. The second condition was the integration and centralization process already underway in Norway. The third significant condition was the conflict between the government authorities that framed Norway’s entry into the Scandinavian Monetary Union.

scholarly journals Public and Private Ownership in the Iranian Constitution: Principle 44, A Barrier for Development

2017 ◽  
Vol 10 (4) ◽  
pp. 73
Author(s):  
Ahmad Torabi
Keyword(s):  
Case Studies ◽  
Economic Impacts ◽  
Private Ownership ◽  
Public Ownership ◽  
Public And Private ◽  
The Third ◽  
Public Property ◽  
Legal Challenges ◽  
The Law ◽  
The Government

The Iranian legislator has sought to protect public property and public ownership in the Iranian Constitution in accordance with Islamic principles, terms and procedures. There are a number of principles that have been directly applied to this purpose; however, one principle has had a very significant impact on government domination of the economy of Iran: principle 44. This principle does not directly describe public property; rather, it aims to determine the areas that are under public ownership and are administered by the government. However, the principle has some contradictions and legal challenges in itself. In addition, the supplementary law that has been enacted to provide the areas for the enforcement of principle 44 fails to secure the aims of the legislator. Therefore, this paper analyses legal challenges of the principle, as well as its supplementary law, and gives suggestions to solve the challenges.This paper is divided into four sections. The first section provides an analysis of the principle itself, and its relationship and consistency with other principles of the constitution. In the second section, the Law of Implementation of Principle 44 and the legal challenges that arise from it will be discussed. The third section focuses on the negative economic impacts of this law, as well as case studies of it. Lastly, the paper provides a summary of suggestions to amend this law.

scholarly journals How Does the Law and Policy Encourage Towards a Low Carbon Energy Transition in the Scotland?

2019 ◽  
Vol 24 ◽  
pp. 26-31
Author(s):  
Md. Raisul Islam Sourav
Keyword(s):  
Energy Transition ◽  
Legal Framework ◽  
Electricity Sector ◽  
Low Carbon ◽  
Law And Policy ◽  
The Law ◽  
The Government ◽  
Laws And Policies ◽  
The Uk ◽  
Low Carbon Energy

This article contains a doctrinal analysis of the law and policy encouragement towards a low carbon energy transition in the Scotland. To do this, the present article is primarily focused on electricity sector of the Scotland and its commitment towards a low carbon transition in this sector in coming years. This article analyzes the existing significant laws and policies in Scotland that encourage towards a low carbon transition. However, it also evaluates international obligation upon the Scotland and the UK, as well, towards this transition. Subsequently, it assesses the UK’s legal framework in this regard. However, Scotland is firmly committed to achieve its targets towards a low carbon transition in the power sector although it needs more incentive and tight observation of the government to smoothen the process.

scholarly journals An assessment of the constitutionality of the COVID-19 regulations against the requirement to facilitate public participation in the law-making and/or administrative processes in South Africa

2021 ◽  
Vol 25 ◽  
pp. 1-36
Author(s):  
Ntokozo Sobikwa ◽  
Moses Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Public Participation ◽  
Legal Framework ◽  
Constitutional Democracy ◽  
The Core ◽  
The Law ◽  
The Government ◽  
Law Making

The purpose of this article is to critically assess the constitutionality of the COVID-19 regulations against the backdrop of the constitutional mandate to facilitate public participation in the law-making process in South Africa. This assessment is conducted by outlining the scope and content of public participation. This will be followed by an exposition of the legal framework that provides for the duty to facilitate public participation in South Africa. Thereafter, the scope and content of the duty to facilitate public participation is assessed against the conduct of the government in promulgating the COVID-19 regulations. The authors argue that the disregard for and limited nature of public participation during the process leading up to the enactment of the COVID-19 regulations amount to a material subversion of the core tenets of our constitutional democracy and largely renders the COVID-19 regulations unconstitutional for lack of procedural compliance with the demands of the Constitution. The authors provide a few recommendations to remedy the unconstitutionality of the regulations and further propose guidelines to facilitate public participation in cases of future pandemics and/or disasters of this nature.

The Censorship of British Drama 1900-1968 Volume 3

2020 ◽  
Author(s):  
Steve Nicholson
Keyword(s):  
Samuel Beckett ◽  
British Library ◽  
Volume Analysis ◽  
Royal Court ◽  
The Third ◽  
Paperback Edition ◽  
John Osborne ◽  
British Drama ◽  
The Law ◽  
The Government

This is the third volume in a new paperback edition of Steve Nicholson’s comprehensive four-volume analysis of British theatre censorship from 1900-1968, based on previously undocumented material in the Lord Chamberlain's Correspondence Archives in the British Library and the Royal Archives at Windsor. Focusing on plays we know, plays we have forgotten, and plays which were silenced for ever, Censorship of British Drama demonstrates the extent to which censorship shaped the theatre voices of this decade. The book charts the early struggles with Royal Court writers such as John Osborne and with Joan Littlewood and Theatre Workshop; the stand-offs with Samuel Beckett and with leading American dramatists; the Lord Chamberlain’s determination to keep homosexuality off the stage, which turned him into a laughing stock when he was unable to prevent a private theatre club in London's West End from staging a series of American plays he had banned, including Arthur Miller's A View from the Bridge and Tennessee Williams's Cat on a Hot Tin Roof; and the Lord Chamberlain’s attempts to persuade the government to give him new powers and to rewrite the law. This new edition includes a contextualising timeline for those readers who are unfamiliar with the period, and a new preface.

The New Task of Swedish Universities

1998 ◽  
Vol 3 (1-2) ◽  
pp. 113-127 ◽  
Author(s):  
Göran Brulin
Keyword(s):  
Local Environment ◽  
Working Life ◽  
Research Process ◽  
Academic Role ◽  
The Third ◽  
Practice Based Research ◽  
Continuous Interaction ◽  
University Colleges ◽  
The Law ◽  
The Government

In 1997 the law governing higher education and research in Sweden added a third task to the work to be done by the Swedish Universities: they were now no longer expected just to educate and to do research but also to relate to and collaborate with their local environment. The present article argues that this third task implies a new form of knowledge, viz., knowledge generated in interactive cooperation with practitioners. The change in the law has encountered resistance from the research establishment. However, there are good reasons for the universities to change from a position of noble seclusion towards continuous interaction with their environment. Three arguments are proposed that articulate the need to actively involve the world of practice in the research process. The National Institute for Working Life received an assignment from the government to promote the implementation of the universities ' third task. A program was started by approaching and involving primarily the 20 university colleges in networking and development activities. It seems that action-oriented, practice-based research can more easily find a foothold in these institutions. It cannot be denied that the third task has started to put new, challenging demands on the typical academic role.

The Legal Framework on Disappearances in Mexico: From Demands to the Law and Back to Demands

2021 ◽  
pp. 97-122
Author(s):  
Sandra Serrano ◽  
Volga de Pina Ravest
Keyword(s):  
Decision Making ◽  
Legal Framework ◽  
Institutional Changes ◽  
Legal Authority ◽  
Legal Change ◽  
General Law ◽  
Institutional Structures ◽  
The Law ◽  
Persistent Violence ◽  
The Government

This chapter explains that the General Law on Disappearances in Mexico is a legal change achieved by a broad mobilisation of families of victims of disappearance in a challenging context of persistent violence in the country. The Law helps to improve the relevant standards related to searching for disappeared persons, guaranteeing the rights of the victims’ families, furthering the investigation of forced disappearance caused by the government and/or individuals, as well as creating the institutional structures focused on the search for persons. Despite this, the law’s innovative advances coexist alongside previous institutional mechanisms that perpetuate practices contrary to the rights of victims and their families, which risk neutralising the Law. Accordingly, the chapter focuses on the promotion of legal mobilisation strategies in countries, such as Mexico, which accept normative and institutional changes without worrying about their enforcement, since, in practice, new provisions clash with previously created structures that have similar legal authority but greater decision-making power, and are, thus, better able to exercise that authority.

scholarly journals The law of bare life

2021 ◽  
Vol 72 (S1) ◽  
pp. 186-211
Author(s):  
Ian Ward
Keyword(s):  
British History ◽  
Bare Life ◽  
The Third ◽  
The Past ◽  
Uk Government ◽  
The Law ◽  
The Government ◽  
The Uk

2020 proved to be a remarkable year. Not the least remarkable was the realisation that, in a moment of perceived crisis, the instinctive response of the UK Government was to sweep away various so-called rights and liberties which might, in a calmer moment, have been presumed fundamental, and to rule by means of executive fiat. The purpose of this article is to interrogate both the premise and the consequence. Because, on closer inspection, there is nothing at all remarkable about how the Government reacted, for the same reason that there was little that was unprecedented about the experience of COVID-19. History is full of pandemics and epidemics, and government invariably acts in the same way. The first part of this article will revisit a particular theory of governance, again proved by history; that which brings together ‘bio-politics’ and the jurisprudence of the ‘exception’. The second part of the article will then revisit a prescient moment in British history; another disease, another panicked government, another lockdown. In the third, we will reflect further on the experience of COVID-19 and wonder what might be surmised from our foray into the past.

scholarly journals Understanding the rohingya crisis :

2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Mohammad Mamun
Keyword(s):  
Comparative Analysis ◽  
Empirical Studies ◽  
Legal Framework ◽  
Huge Number ◽  
Current Crisis ◽  
Good Intention ◽  
The Law ◽  
The Government ◽  
Made In

The current crisis in Myanmar concerning the Rohingya people has resulted in a huge number of stateless refugees. An answer to the citizenship of these refugees is urgently required. This study summarizes the comparative analysis of the existing citizenship framework of Myanmar with the older version. After briefly reviewing earlier legal framework Citizenship Law of the Union 1948 concomitant to the 1947 Constitution of Burma, the study analyzes the changes made in Citizenship Law of Burma 1982 concomitant to the 1974 Constitution. Major results from the empirical studies conducted earlier suggest that there exist three types of citizenship in Myanmar while this study has found that there are four types of citizenship prevails in Myanmar. The study also has come out with the finding that there exists very little scope for Myanmar government to legalize a large number of Rohingya populations unless the Law is revised first. Therefore, the government should focus on the revision of the law if it really wants to prove its good intention for a sustainable solution.

scholarly journals MANDATORY LICENSE LICENSE AS ONE OF THE OBJECTIVES OF LIMITATION OF PATENT EXCLUSIVE RIGHTS

2018 ◽  
Author(s):  
Devi cantika
Keyword(s):  
Third Party ◽  
Patent Holder ◽  
Legal Entity ◽  
The Third ◽  
Patent Rights ◽  
The Law ◽  
The Third Party ◽  
The Government

A patent is a special right granted based on the law by the government to a person or legal entity that has an invention in the field of technology. Patents as ownership regimes with exclusive rights are not limitless. Countries may regulate exceptions to the exclusive rights covered by the patent. Provided that the exception is not without legitimate reasons contrary to the normal exploitation of the patent and does not harm the reasonable interests of the Patent Holder, and continues to take into account the interests of the third party. One form of limiting exclusive patent rights is the rule regarding compulsory license.Keywords: patents, exclusive rights, compulsory licenses

Civil Disobedience from Thoreau to Transnational Mobilizations

2007 ◽  
Vol 8 (2) ◽  
pp. 260-269 ◽  
Author(s):  
Hourya Bentouhami ◽  
Keyword(s):  
Civil Disobedience ◽  
Legal Framework ◽  
The State ◽  
Passive Resistance ◽  
Global Challenge ◽  
Positive Law ◽  
International Laws ◽  
The Law ◽  
The Government

Until very recently, civil disobedience, being a deliberate infraction of the law which is politically or morally motivated, was logically interpreted by theorists as a practice rooted in the state, since the source of positive law was primarily the State. But in the context of today’s globalization, the diversification of sources of power, the emergence of international laws or rules, or simply the obsoleteness of viewing the government as a juridical model, lead one to question the relevance of resorting to civil disobedience. Indeed, its strategic minimalism, which consists of non-cooperation, passive resistance or non-violence, in addition to its relative acceptance of the State and the legal framework of its discourse, seem to make civil disobedience unable to face the “global challenge” that any emancipatory movement has to confront if it wants to be efficient. This paper thus proposes a new conception of civil disobedience inspired by Nancy Fraser’s theory of “abnormal justice”, so as to take into account the transversal nature of social contestation.

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