The Office of Parliamentary Legal Advisers (opla) in the Houses of the Oireachtas – History, Functions and Recent Key Parliamentary Legal Issues

2021 ◽  
Vol 1 (2) ◽  
pp. 301-314
Author(s):  
Oisín Kennedy ◽  
Mellissa English
Keyword(s):  
Policy Analysis ◽  
Legal Issues ◽  
Legislative Process ◽  
Legal Policy ◽  
National Parliament ◽  
Advisory Services ◽  
Legal Advice ◽  
Legislative Proposals ◽  
History Of

Abstract The Office of Parliamentary Legal Advisers (opla) is the in-house legal team in the Irish national parliament. It provides specialist, non-partisan legal advice to Parliament on a broad range of parliamentary, constitutional and corporate legal issues. In recent years, the opla has been assigned additional functions within the legislative process, now providing legal policy analysis and legislative drafting services to non-Government Members in respect of private legislative proposals and advising Members in respect of Government Bills. This article will provide a history of the opla, will outline some recent key parliamentary legal issues and will elaborate on the recent development of legislative drafting and advisory services within the Office.

scholarly journals The application of mental health legislation in younger children

2015 ◽  
Vol 39 (6) ◽  
pp. 302-304 ◽  
Author(s):  
Victoria Thomas ◽  
Barry Chipchase ◽  
Lisa Rippon ◽  
Paul McArdle
Keyword(s):  
Mental Health ◽  
Young Child ◽  
Legal Issues ◽  
Legal Authority ◽  
Challenging Behaviour ◽  
Health Unit ◽  
Mental Health Legislation ◽  
History Of ◽  
Health Legislation ◽  
Mental Health Unit

SummaryWe review a case history of a young child who was admitted to an in-patient mental health unit due to extremely challenging behaviour and review the legal issues that had to be considered in ensuring that there was appropriate legal authority for the child's admission and treatment. In this particular case, the patient was detained for assessment under section 2 of the Mental Health Act 1983. This case demonstrates that all clinicians working in this area require a good understanding of the law in relation to treatment of children with mental disorder, which is extremely complex.

scholarly journals Aspectos relevantes del intento de reforma constitucional en Italia en la cuestión de procedimiento legislativo y fuentes primarias = Aspetti rilevanti della tentata riforma constituzionale in Italia in tema di procedimiento legislativo en fonti primarie = Relevant aspects of the constitutional reform attemp in Italy in the matter of legislative procedure and primary sources

2017 ◽  
pp. 67
Author(s):  
Tommaso Pensabene Lionti
Keyword(s):  
Constitutional Law ◽  
Legal Issues ◽  
Constitutional Reform ◽  
Primary Sources ◽  
Legislative Process ◽  
Parliamentary System ◽  
El Sistema ◽  
Legislative Procedure ◽  
Constitutional System ◽  
The Many

<p>El 4 de diciembre de 2016 los italianos fueron llamados a participar, a través de la votación, en el <em>referéndum</em> concerniente una ley constitucional que (en caso de resultado positivo), habría modificado de manera radical el ordenamiento constitucional italiano. Entre las múltiples modificaciones que la reforma quería introducir, se enfocan lo significativos cambios que la misma habría producido en materia de procedimiento legislativo. En efecto, al final de la reforma, el sistema parlamentario italiano habría cambiado, transitando desde el llamado “bicameralismo paritario” hasta un sistema monocameral “asimétrico o diferenciado”. En consecuencia, habría cambiado el procedimiento legislativo, estructurándose en múltiples procedimientos, o variantes procedimentales, de los cuales se describe la disciplina, haciendo hincapié sobre algunos relevantes aspectos problemáticos. Se subraya, también, que la reforma, a través de la modificación del procedimiento legislativo, junto con la nueva disciplina constitucional de los decretos-leyes y de la nueva repartición de las competencias normativas entre el Estado y las Regiones, habría producido cambios importantes sobre las mismas características de las leyes y de los actos con fuerza de ley. En conclusión, se plantean las posibles razones, políticas y jurídicas, que han llevado al resultado negativo del <em>referendum</em> constitucional.</p><p>On December 4, 2016, Italians were called upon a <em>referendum</em> to approve a constitutional law that would (if successful) radically change the Italian constitutional system. Among the many changes that the reform intended to pursue, we are focusing on the significant changes it would bring in the legislative procedure. As a result of the reform, in fact, the Italian parliamentary system would be changed, passing from "bicameralism equal" to a "asymmetric or differentiated" monocameral system. Consequently, the legislative process would have changed, articulating into multiple procedures or procedural variants, of which the discipline is described, focusing on some relevant problematic profiles. It should also be noted that the reform, with the modification of the legislative procedure, together with the new constitutional discipline of the decree-law and the new division of normative competences between the State and the Regions, would have produced important changes in the features of laws and acts with force of law. Finally, we are questioning about the possible reasons, policies and legal issues, that have led to the negative outcome of the constitutional <em>referendum</em><em>.</em></p>

scholarly journals A Man and a Law at the first Tird of the 12th century

2021 ◽  
pp. 282-298
Author(s):  
Mikhail B. Sverdlov ◽  
Keyword(s):  
Social Justice ◽  
European Countries ◽  
Criminal Offence ◽  
Early Medieval ◽  
Social Content ◽  
Legal Policy ◽  
12Th Century ◽  
Russian State ◽  
The Social ◽  
History Of

The author studies the history of the judicial natural and money forfeit for the criminal offence, moral and social content of this criminal offence in the late tribal Slavic society and in early medieval Russian state the context of the history of the Pravda Russkaya’s content. He analyzes the content of the social and legal policy during the rule of Grand Prince Vladimir Monomakh in Kiev or the rule of his son Mstislav. Probably at that time the Vast Pravda Russkaya was issued. It made judicial rights secured of all social strata including women, children, poor men on the principles of social justice and the Evangel. It kept old human tradition of the money forfeit for a crime instead of to cut off any limb or to execute as in Byzantine and in medieval vest European countries.

scholarly journals WAS J. BENTHAM THE FIRST LEGAL UTILITARIAN?

2020 ◽  
Vol 24 (2) ◽  
pp. 438-471
Author(s):  
Igor V. Kolosov ◽  
Konstantin E. Sigalov
Keyword(s):  
Legal Policy ◽  
Scientific Methods ◽  
Legal Thought ◽  
The Us ◽  
Analysis And Synthesis ◽  
Scientific Papers ◽  
History Of ◽  
Distinct Features ◽  
Statutory Regulation ◽  
Theoretical Component

Legal utilitarianism is attractive for practice because this field of legal thought and philosophy of law sets out a particular direction of legal policy and statutory regulation (focus on the utility principle in decision-making) that can, under certain reservations, be used to improve people's lives. Most scholars conclude that the first utilitarian was J. Bentham. However, scientific studies prevalently do not involve the analysis of earlier legal doctrines in relation to the use of utility principle. Thus, the relevance and scientific novelty of analysis of the origin of legal utilitarianism is associated with the need to develop a theoretical component of this doctrine that is of current interest for the legal policy and to enlarge the underdeveloped - in our opinion - theoretical framework of legal utilitarianism genesis. The purpose is to identify the first theory in the history of legal thought, which can be classified as legal utilitarianism, and, if such theory is the J. Bentham's utilitarianism, to determine the reasons why earlier theories based on the utility principle cannot be classified as legal utilitarianism. The theoretical basis of the article is materials such as original sources by various thinkers whose works are based on the utility principle and scientific papers of European and the US researchers. For the purpose of the article, the following methodological tools were used: metaphysical (dialectic method), general (analysis and synthesis, deduction and induction, analogy, comparison) and specific (historical and legal-historical) scientific methods. The main outcome of the research is identification of distinct features of pre-Bentham legal thought based on the utility principle and identification of pre-requisites and basis (provisions which had formed the basis) for J. Bentham's utilitarianism, as well as the answer to the question: Was J. Bentham the first legal utilitarian?.

The evolution of social policy analysis in Ireland: from a theocentric to an econocentric paradigm?

2021 ◽  
pp. 33-46
Author(s):  
Fiona Dukelow
Keyword(s):  
Social Policy ◽  
Policy Analysis ◽  
Economic Valuation ◽  
Policy Context ◽  
The Social ◽  
History Of ◽  
The 1950S

This chapter situates policy analysis within a social policy context and begins by stressing its early theocratic formation. It is an examination of the history of social policy analysis in Ireland since the 1950s, when the country began its journey towards modernity. The chapter reviews the actors and institutions involved and the knowledge deployed as the country moved towards a globalised society with its attendant social policy challenges. Dukelow charts the complexities of social policy analysis under what she characterises as the shift from the dominance of a theocentric paradigm to an econocentric paradigm. This saw the subordinating of the social to the economic valuation of social policy by the 1990s.

Psychosurgery

2002 ◽  
Vol 12 (12) ◽  
pp. 443-448
Author(s):  
Marilyn Williams
Keyword(s):  
Surgical Procedures ◽  
Ethical Issues ◽  
Mental States ◽  
Legal Issues ◽  
History Of ◽  
Ethical And Legal Issues ◽  
The Subject ◽  
The Brain

The use of surgical procedures to alter mental states raises many issues. Surgery on the brain has been known for thousands of years, but procedures developed in the 1930s, ‘40s and ‘50s, and the reasons for them, raised many ethical issues that remain with us today. The following article touches on the history of psychosurgery, the conditions treated, the literature on the subject, and the ethical and legal issues.

The past, present and future of policy analysis in Turkey

2018 ◽  
pp. 19-34
Author(s):  
Akif Argun Akdoğan ◽  
Göktuğ Morçöl ◽  
Gökhan Orhan ◽  
Mete Yıldız
Keyword(s):  
Decision Making ◽  
Education Research ◽  
Policy Analysis ◽  
Analytical Methods ◽  
Public Agencies ◽  
Legal Requirements ◽  
Policy Studies ◽  
Turkish Republic ◽  
Current State ◽  
History Of

This chapter summarizes the history of policy analysis in Turkey beginning with the Ottoman Empire and tracing the developments in the era of the Turkish Republic until the early 21st century. After a review of the history, the chapter assesses the current state of policy analysis education, research, and application in Turkey, before concluding that policy analysis and policy studies in Turkey have come a long way, but also have a long way to go. The chapter makes the observation that advanced theories and methods are not covered in most of the courses in policy analysis and policy studies, many of the publications are descriptive, and the legal requirements for public agencies to use analyses in their decision-making practices have not been implemented fully. The chapter recommends that Turkish governments should apply advanced analytical methods and all stakeholders should participate to public policymaking.

The practice and promise of policy analysis and program evaluation to improve decision making within the U.S. federal government

2018 ◽  
Author(s):  
Rebecca A. Maynard
Keyword(s):  
Decision Making ◽  
Program Evaluation ◽  
Policy Analysis ◽  
Policy Development ◽  
Leadership Roles ◽  
Present Context ◽  
History Of ◽  
Strategies For Change ◽  
Current Movement ◽  
The U.S

This chapter draws on a 40-year history of patchwork efforts to use data to inform the development of public policy and shape its implementation. I begin with a description of the evolution of the policy process, drawing largely on experiences within the U.S. Departments of Health and Human Services, Education, and Labor. All three agencies have been major supporters of and contributors to advances in the methods of policy analysis and the use of program evaluation to guide decision making. The chapter draws on the roles of these agencies in laying the groundwork for the current emphasis on evidence-based policymaking, in part because of their leadership roles and in part because of the author’s first-hand experience working with these agencies. Of particular note is its attention to the lead up to the present context in which policy analysis and program evaluation are central to both the policy development and monitoring processes. The chapter ends with a discussion of the current movement to create and use credible evidence on the impacts and cost-effectiveness of programs, policies and practices as the foundation for more efficient and effective government and, where evidence is lacking, for integrating a knowledge-building agenda into the roll-out of strategies for change. 

The Legal Policy and Reforms of Hadrian

1934 ◽  
Vol 24 (2) ◽  
pp. 141-153 ◽  
Author(s):  
Fritz Pringsheim
Keyword(s):  
Small Towns ◽  
Roman Law ◽  
The South ◽  
Legal Policy ◽  
Roman World ◽  
Roman Culture ◽  
Frontier Region ◽  
History Of ◽  
Definition Of ◽  
Roman Administration

The reign of Hadrian marks the beginning of a new epoch in Roman administration and in the history of Roman Law. Hadrian's visit to Britain is immortalised by the Wall which he built from Tyne to Solway. Its construction is characteristic of the Emperor's willingness to renounce further conquests and even to abandon land which had been Roman. The Wall marked the limit of the districts which he was prepared to retain and administer. It followed, not the shortest and easiest route, but a line beyond the fortified area whence a look-out could be kept over the barbarians outside, and its object was the completion and definition of the fortified frontier region whereby it became easier to civilise and to pacify the country which lay to the south. Hadrian's aim was to bring order and peace to the land bounded by the new frontiers of the Roman world. Thus Hadrian may be sharply contrasted with his predecessor Trajan, the soldier on the throne, who owed his elevation to his successful wars in the Rhine region, and who as Emperor extended the frontiers of the Empire on the lower Danube and in the East. On Hadrian's accession the Empire was more powerful than ever before or afterwards, but its financial and military resources were strained to the utmost, and indeed frequently had been overstrained. The small peasant owners and small towns, sources of Roman culture and prosperity, had begun to suffer and disappear.

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