Legal Predicament of Combining 'Regional' and 'National' Autonomy: A Group Rights Perspective

2009 ◽  
Vol 16 (3) ◽  
pp. 329-348
Author(s):  
Yong Zhou
Keyword(s):  
Institutional Design ◽  
Institutional Arrangement ◽  
Significant Feature ◽  
Group Rights ◽  
Regional Autonomy ◽  
National Autonomy ◽  
The Law ◽  
Legal Difficulties ◽  
Legal Mechanism ◽  
Stated Purpose

AbstractThe Chinese regional national autonomy (RNA) is stated as an institutional arrangement for safeguarding the specific rights of certain minority nationalities living concentrated in their inhabited areas. The combination of 'regional autonomy' and 'national autonomy', which is claimed to be the significant feature of this institution, has not yet been discussed in terms of the institutional design and legal techniques used. Taking a group rights perspective on the institutional arrangement of RNA, the paper explores the legal difficulties inherent in the combination of the two kinds of autonomy as suggested by the terms 'regional' 'national' 'autonomy'. This research exposes the conditions and limits of the existing legal mechanism under RNA and shows that the alleged right combination of two kinds of autonomy is difficult to logically expound from a group rights perspective. It discloses the problems of institutional design in addition to the faulty implementation of the Law on the Regional National Autonomy as the reason for the malfunction of RNA to achieve its stated purpose.

Mechanism Design and the Law

2017 ◽  
Author(s):  
Werner Güth
Keyword(s):  
Mechanism Design ◽  
Institutional Design ◽  
Common Knowledge ◽  
Legal Rules ◽  
Revelation Principle ◽  
Game Theoretic ◽  
The Law ◽  
Legal Mechanism ◽  
Dominance Solvability

Mechanism design is the game theoretic jargon for institutional design and the even older tradition (in German) of ‘Ordnungspolitik’ (institutional design policy). When implementing institutions or mechanisms (or simply rules of conduct) such regulation should usually be codified by complementing the law appropriately. This article first derives and discusses legal rules as traditionally justified and implemented legally. This is then confronted with game theoretic mechanism design, relying on Dominance Solvability or the Revelation Principle. It is argued that the Revelation Principle is very useful for welfaristic or, more generally, consequentialistic explorations of what is attainable but offers no practical basis for legal mechanism design due to its unrealistic common knowledge restrictions.

scholarly journals LEGAL PROTECTON OF WOMEN CIVIL CERVANTS OF GENDER DISCRIMINATION IN THE ERA OF REGIONAL AUTONOMY IN THE DISTRICT ADMINISTRATION SUMBAWA - WEST NUSA TENGGARA

2013 ◽  
Vol 2 (1) ◽  
Author(s):  
Syarif Dahlan
Keyword(s):  
Gender Discrimination ◽  
Legal Protection ◽  
Civil Servant ◽  
Civil Servants ◽  
Not Given ◽  
Regional Autonomy ◽  
Legal Structure ◽  
Close Relationship ◽  
The Law ◽  
District Administration

Aware of gender discrimintaion of women and students of women in different countries, so they protest and movement finally manage to do some conference that have produced Convention On The Elimination Of All Form Of Diskrimination Against Women   (CEDAW). Indonesia has ratified CEDAW with Law No. 7, 1984. But until now gender discrimination still occurs in all facets of life and society. One of them is a fimale civil servant in Sumbawa regency. Discrimination that has accurred not given the opportunity to accupy the fimale civil servant echelon-echelon II and III. In connection with the second echelon echelon II or III on Sumbawa Regency :      1) What are the forms of gender discrimination against fimale civil servants. 2) What factors are causing it, and 3) What is the form of legal protection against civil servants are women from gender discrimination. This study includes empirical legal research aims to determine the effectiveness of the law and the legal vacuum in the administration and management of government, particularly in women civil servants in positions echelon II or III. Dates collected were analyzed with descriptive analytic techniques. These form of discrimination against women in Sumbawa civil servants include marginalization and subordination, the factors that cause it was a mistake in the interpretation and implementation   gender equality, influence the understanding and application of Islamic teachings, political and cultural factors shame, geographical factors tough, close relationship with the ruling factor, factor in the civil servants streotif women and a heavier workload factor for women. Moderate forms of legal protection can be seen from the substance of the law, the legal structure and legal culture.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS

2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Main Body ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
The Law ◽  
Keywords Child ◽  
Legal Mechanism

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

scholarly journals Implementation of the Provisions of the European Convention for the Protection of Pet Animals into Ukrainian Legislation: Some Theoretical and Applied Aspects

2021 ◽  
Vol 30 (3) ◽  
pp. 29-45
Author(s):  
Nadiia Kobetska ◽  
Lesia Danyliuk
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Legal Regulation ◽  
European Convention ◽  
General Nature ◽  
Legislative Process ◽  
Legal Representation ◽  
The Law ◽  
European Standards ◽  
Legal Mechanism

European integration processes in Ukraine have led to the approximation of national legislation to European standards, including pet handling. The first and currently the only ratified European convention in Ukraine on protection and ensuring animal welfare is the European Convention for the Protection of Pet Animals. The article describes the major doctrinal, legislative and practical aspects of implementing this Convention into Ukrainian law. The legal regulation of the humane treatment of domestic animals in Ukraine is based on the Law of Ukraine on the protection of animals from cruel treatment, its provisions being of a general nature, and detailed solutions are found in other laws and regulations. Detailed rules for dealing with pets are determined by municipalities and they are implemented in the relevant administrative and territorial units. The concept of “animal rights”, despite its proclamation in the preamble to the Law of Ukraine on the protection of animals from cruel treatment, has no formal legal representation and reflection in Ukrainian legislation. Nevertheless, Ukrainian legal academic doctrine, legislative process and law enforcement practice are currently embodying the concept of animal welfare. The development and implementation of a coherent legal mechanism for pet handling is the major contributing factor in achieving pet welfare, therefore Ukraine needs a clear strategy to improve its legal regulation.

scholarly journals Dinamika Hukum Perpajakan Di Indonesia Ditinjau Dari Undang-Undang Nomor 28 Tahun 2009 Tentang Pajak Daerah Dan Distribusi Daerah

2021 ◽  
Vol 4 (2) ◽  
pp. 516-523
Author(s):  
Moza Dela Fudika ◽  
Rosyidi Hamzah
Keyword(s):  
Research Method ◽  
Regional Distribution ◽  
Regional Autonomy ◽  
Legal Method ◽  
The Law ◽  
Tax Regulation

Changes in tax regulation policies as an implication of regional autonomy in Indonesia starting from Law Number 18 of 1997 concerning Regional Taxes and Regional Levies, then amended by Law Number 34 of 2000 concerning Amendments to Law Number 18 of 1997 concerning Taxes Regions and Regional Retribution. This regulation was later replaced by Law Number 28 of 2009 concerning Regional taxes and Regional Levies. Of the three regulations, legal dynamics occur that lead from decentralized to centralized. The research method in this study uses the normative legal method. From the results of the study, it is found that the dynamics of taxation law in Indonesia in terms of law number 28 of 2009 concerning regional taxes and regional distribution have experienced legal changes in terms of types of taxes, discretionary rate setting, and the nature of determining the type of tax of the law prevailing previously which led to a decentralized to centralized nature as well as a change in tax determination policy from an open list system to a closed list system. Keyword : legal dynamics, taxation, regional taxes and regional distribution

scholarly journals АДМІНІСТРАТИВНО-ПРАВОВИЙ МЕХАНІЗМ РЕАЛІЗАЦІЇ ПРАВООХОРОННОЇ ФУНКЦІЇ ДЕРЖАВИ

2019 ◽  
Vol 15 ◽  
pp. 218-226
Author(s):  
О. І. Безпалова
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Effective Functioning ◽  
The Law ◽  
Legal Mechanism

Розкрито сутність адміністративно-правового механізму реалізації правоохоронної функції держави. З'ясовано основні ознаки, характерні для адміністративно-правового ме­ханізму реалізації правоохоронної функції держави. Визначено перелік елементів, що вхо­дять до цього механізму. Обґрунтовано, що основними системоутворюючими елементами є інституційна та правова складові. Визначено основні кроки в напрямі забезпечення ефек­тивного функціонування адміністративно-правового механізму реалізації правоохоронної функції держави.   The essence of the administrative and legal mechanism for the implementation of the law enforcement functions of the state. Find out the main characteristics of an administrative and legal mechanism for the implementation of the law enforcement functions of the state. The list of items included in this mechanism. It is proved that the main elements of the backbone is the institutional and legal components. The basic steps to ensure the effective functioning of the administrative and legal mechanism for the implementation of the law enforcement functions of the state.

Child Support

2013 ◽  
Author(s):  
Delanie P. Pope ◽  
Joseph Kozakiewicz
Keyword(s):  
Ethnic Group ◽  
Federal Government ◽  
Child Support ◽  
Noncustodial Parents ◽  
Economic Support ◽  
The Law ◽  
Legal Mechanism ◽  
Group Child

Child support is the legal mechanism requiring parents to share in the economic support of their children. Under the law, parents are obligated to support their children regardless of whether they reside with them. Support calculations for noncustodial parents are based on many different factors, which vary from state to state. Enforcement is the single biggest challenge in the area of child support. The federal government continues to pass laws enhancing states' enforcement capabilities. Recipients of child support differ by race and ethnic group. Child support obligations are distinct from alimony and are usually independent of parenting time.

scholarly journals Why Why Liberalism Failed Fails as an Account of the American Order

2019 ◽  
Vol 24 ◽  
pp. 19-31
Author(s):  
Paul R. DeHart ◽  
Keyword(s):  
Natural Law ◽  
Institutional Design ◽  
Political Authority ◽  
Sovereign Power ◽  
American Founding ◽  
Law Of Nature ◽  
The Law ◽  
Constitutional Thought ◽  
The Government ◽  
Political Association

In Why Liberalism Failed, Patrick Deneen contends that the American founding is fundamentally Hobbesian and that the Constitution is the application of the Hobbesian revolution concerning liberty and anthropology. I contend that Deneen fundamentally mischaracterizes the American founding. The founders and framers affirmed the necessity of consent for political authority and obligation. But they also situated the necessity of consent in the context of a morally and metaphysically realist natural law, maintained that an objective good of the whole constitutes the final end of political association, and described liberty as subjection to the law of nature and the government of God. To be determined by one’s base passions was to be a slave. Moreover, their constitutional thought and the institutional design of the constitutions they built rejected Hobbes’s theory of sovereign power and the metaphysical ground on which it rests.

Regulating China's Power Sector: Creating an Independent Regulator without Autonomy

2014 ◽  
Vol 218 ◽  
pp. 452-473 ◽  
Author(s):  
Chung-min Tsai
Keyword(s):  
Regulatory Agency ◽  
Institutional Design ◽  
Economic Transition ◽  
Institutional Arrangement ◽  
The State ◽  
Regulatory Capture ◽  
Resource Reallocation ◽  
Power Sector ◽  
Regulatory Capacity ◽  
Regulatory Commission

AbstractThroughout its period of economic transition, the Chinese state has readjusted its relationship with industry and developed new regulatory schemes. China's first industry-specific independent regulatory agency, the State Electricity Regulatory Commission (SERC), was created in 2003. Its operation does not follow Western practice which adopts the best institutional arrangement for autonomous regulators. This article will examine the failings and regulatory capture of SERC. I argue that because the process of creating a new regulator involves resource reallocation and power redistribution, SERC has suffered both endogenous and exogenous disadvantages since its inception. The compromised institutional design, along with insufficient resources and fragmented authority, has considerably weakened SERC's regulatory capacity. Moreover, SERC was not designed as part of the reform schedule, but rather emerged later as a response to institutional necessities, which also contributes to its vulnerability. As a result, the state has exposed SERC to potential capture by both government entities and regulated enterprises.

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