scholarly journals Evolving Dimensions of Judiciary in India

1970 ◽  
Vol 4 (2) ◽  
pp. 39-54
Author(s):  
Mathew Meera
Keyword(s):  
Social Engineering ◽  
Armed Forces ◽  
Living Organism ◽  
Legal Services ◽  
Economic Activities ◽  
Public Interest Litigation ◽  
Time Period ◽  
The Supreme Court ◽  
The One ◽  
Constitutional Jurisprudence

Law, being a mode of social engineering, cannot be viewed in isolation. The vitality of law as a living organism is primarily dependent on the judge’s ability to interpret the same. From its nascent stage, the apex court in India has struggled with the issue of striking an equilibrium between economic and social reform programmes on the one hand and establishing the credibility of India by fostering respect for rule of law, on the other. This article deals with the changing dimensions of the Indian judiciary in playing a fundamental role in shaping the constitutional jurisprudence. The researcher seeks to examine the varying trends of the Supreme Court of India from the 1950’s to 1970’s, the 1980’s in the light of the introduction of Public Interest Litigation, the post 1990’s with the approach to liberalization and finally, the time period from 2000, wherein the judiciary has taken up an activist role. Further, the judicial reforms initiated to enhance administration, including the introduction of the National Legal Services Authority (NALSA) under the Legal Services Authorities Act, 1987, the constitution of Lok Adalats to amicably settle and compromise the disputes pending in the courts, the providing of free and competent legal aid to the poor and weaker sections of the society in consonance with Article 39A of the Constitution, the establishment of specialized tribunals, both administrative and internal (for instance Administrative Tribunals and the Armed Forces Tribunal) as well as tribunals dealing with the disputes arising out of or associated with economic activities such as Competition Appellate Tribunal, Securities Appellate Tribunal etc. have been highlighted. However, the researcher urges that the need of the day is to strive towards better quality of government and enhanced administration and that the judiciary has an essential role to play in achieving that goal. In conclusion, it is stated that unless people’s mental barriers towards reforms are broken, attempts of external remedies are bound to fail.

Restoring the Lost Constitution

2013 ◽  
Author(s):  
Randy E. Barnett
Keyword(s):  
Supreme Court ◽  
Natural Rights ◽  
Judicial Power ◽  
Bill Of Rights ◽  
Economic Activities ◽  
Original Meaning ◽  
The Supreme Court ◽  
The One ◽  
Ninth Amendment

This concluding chapter argues that the original meaning of the entire Constitution, as amended, is much more libertarian than the one selectively enforced by the Supreme Court. It cites the evidence of original meaning presented in this book; for example, the “privileges or immunities” of citizens included natural rights as well as rights created by the adoption of the Bill of Rights. The term “commerce” unquestionably meant trade or exchange and did not extend to such other vital economic activities as manufacturing or agriculture. The “judicial power” included the power of to nullify unconstitutional statutes. The Ninth Amendment mandates that unenumerated rights shall not be denied or disparaged. The chapter asserts that attempts to perfect the Constitution by judicial construction conflict with and override its original meaning. It ends by insisting that the opportunity still exists to adopt a Presumption of Liberty and restore the lost Constitution.

Physical Fitness of Soldiers in the Armed Forces of Slovakia

2017 ◽  
Vol 2 (1) ◽  
pp. 30
Author(s):  
Jan Papay ◽  
Jaromir Simonek
Keyword(s):  
Physical Fitness ◽  
Effective Means ◽  
Armed Forces ◽  
Experimental Period ◽  
Point Of View ◽  
Time Period ◽  
The One ◽  
Military Units ◽  
Physical Preparation

<p>The paper deals with physical preparation of professional soldiers. It is focused on the development of aerobic endurance within practical physical preparation lessons at military units. In order to fulfil the goals of the research, the authors organised a natural pedagogical experiment to find out which of the 7 typical aerobic activities implemented in the experimental and reference couples (n=28) during the 6-week-long experimental period have the most effective impact on the development of aerobic endurance in professional soldiers in the Slovak Armed Forces. The results showed that the most effective means for the development of endurance were found obstacle track, terrain running in combination with fast road marches, various types of shuttle runs and jumping and acrobatic exercises. Swimming, cycling, ski running and sport games can be recommended as suitable complementary activities. From the point of view of methodology, the most effective organisation pattern represented the one in which exercises were organised in 4 training sessions during 20 minutes each, performed for 6 weeks in a row. Statistically significant changes in the level of aerobic endurance proved the hypothesis that physical fitness and psychic resistibility of professional soldiers can be improved by the selected most effective means also in shorter time period of physical preparation.</p>

The Other Entrepreneurs - Migrant Economies as Spaces for Social Innovation?

2019 ◽  
Vol 16 (2) ◽  
pp. 265-271
Author(s):  
Claudia Lintner
Keyword(s):  
Social Innovation ◽  
Close Relation ◽  
The Other ◽  
Structural Level ◽  
Structured Interviews ◽  
Economic Activities ◽  
Migrant Entrepreneurship ◽  
False Dichotomy ◽  
Migrant Entrepreneurs ◽  
The One

This article analyses the relationship between migrant entrepreneurship, marginalisation and social innovation. It does so, by looking how their ‘otherness’ is used on the one hand to reproduce their marginalised situation in society and on the other to develop new living and working arrangements promoting social innovation in society. The paper is based on a qualitative study, which was carried out from March 2014- 2016. In this period, twenty semi-structured interviews were conducted with migrant entrepreneurs and experts. As the results show, migrant entrepreneurs are characterised by a false dichotomy of “native weakness” in economic self-organisation against the “classical strength” of majority entrepreneurs. It is shown that new possibilities of acting in the context of migrant entrepreneurship are mostly organised in close relation to the lifeworlds and specific needs deriving from this sphere. Social innovation processes initiated by migrant entrepreneurs through their economic activities thus develop on a micro level and are hence less apparent. Supportive networks are missing on a structural level, so it becomes difficult for single innovative initiatives to be long-lasting.

MERKINĖS SENIŪNO MATO OGINSKIO KASDIENYBĖ: ŪKINIŲ IR TEISMINIŲ REIKALŲ VERPETUOSE

2018 ◽  
pp. 98-115 ◽  
Author(s):  
Adam Stankevič
Keyword(s):  
Real Estate ◽  
Armed Forces ◽  
Negative Influence ◽  
Third Party ◽  
Daily Routine ◽  
Economic Activities ◽  
Coffee Shop ◽  
State History ◽  
Court Proceedings ◽  
Grand Duchy Of Lithuania

The article analyses some episodes from biography and the daily life of elder of Merkinė, vogt and colonel of a petyhorcy unit of the armed forces of the Grand Duchy of Lithuania Mateusz Ogiński (1738–1786). On the basis of the documents preserved in the Ogiński foundation of the Lithuanian State history archive (F. 1177), the article argues that Mateusz Ogiński was mainly occupied with the maintenance of his properties and litigation in courts, not actually seeking any political or public career. He personally issued directions to the stewards of his properties and controlled execution of his orders. Somewhere close to the First Partition of the Polish-Lithuanian Commonwealth (1772) he was known for the detailed regulation of his economic activities. He put effort to concentrate in his hands some real estate (by buying plots and houses in Merkinė), invested and developed various businesses (renting a windmill and a pub, operating a coffee shop, building a sawmill and a brickyard, fishing, shipping timber to Konigsberg, renovating Merkinė’s town hall, etc.). Later M. Ogiński was often renting out his properties to other individuals, but that had a negative influence on his possessions. Lifestyle that disregarded the income made M. Ogiński drown in debt early, and he entered a loop of having to start borrowing to pay debts. Elder of Merkinė Ogiński would borrow and spend large sums of money to make purchases of various items of luxury abroad and in Lithuania (clothes, jewellery, alcohol, species, fruits, etc.), and to maintain his manor and even a folk music group. M. Ogiński litigated in many Lithuanian courts and, judging from his letters (and quite many of them survived), he would have inhabited these litigation processes, taking interest in legal nuances and using different opportunities to influence court processes to his advantage (making acquaintance with judges, looking for third party interceders, writing letters to judges, and personally participating in court proceedings). Most common lawsuits against him were about unpaid debts, yet his own claims were against stewards of his properties, and real estate rights. Keywords: eldership of Merkinė, the Ogiński, daily routine, economics, courts.

THE ISSUES OF NATIONAL SECURITY AND NUCLEAR DISARMAMENT IN THE WORK OF THE WORLD RUSSIAN PEOPLE'S COUNCIL IN THE 1990-S.

2020 ◽  
Vol 9 (3) ◽  
pp. 111-119
Author(s):  
Yu.Yu. IERUSALIMSKY ◽  
◽  
A.B. RUDAKOV ◽  
Keyword(s):  
National Security ◽  
Armed Forces ◽  
Nuclear Disarmament ◽  
Russian Orthodox Church ◽  
Security Issues ◽  
New Concepts ◽  
The Social ◽  
The World ◽  
Nuclear Component ◽  
The One

The article is devoted to the study of such an important aspect of the activities of the World Russian People's Council (until 1995 it was called the World Russian Council) in the 90-s of the 20-th century as a discussion of national security issues and nuclear disarmament. At that time, a number of political and public figures actively called for the nuclear disarmament of Russia. Founded in 1993, the World Russian Council called for the Russian Federation to maintain a reasonable balance between reducing the arms race and fighting for the resumption of detente in international relations, on the one hand, and maintaining a powerful nuclear component of the armed forces of the country, on the other. The resolutions of the World Russian Council and the World Russian People's Council on the problems of the new concepts formation of foreign policy and national security of Russia in the context of NATO's eastward movement are analyzed in the article. It also shows the relationship between the provisions of the WRNS on security and nuclear weapons issues with Chapter VIII of the «Fundamentals of the Social Concept of the Russian Orthodox Church».

scholarly journals Insurance related problems in bareboat charter agreements

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Albano Gilabert Gascón
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Third Parties ◽  
Insurance Contract ◽  
The United Kingdom ◽  
The Supreme Court ◽  
The One ◽  
The Baltic ◽  
The Relationship

AbstractIn 2017, the majority of the United Kingdom Supreme Court held in its judgment in the Gard Marine and Energy v China National Chartering (The Ocean Victory) case that, in bareboat charters under the ‘BARECON 89’ form, if both the owner and the charterer are jointly insured under a hull policy, the damages caused to the vessel by the charterer cannot be claimed by the insurer by way of subrogation after indemnifying the owner. The interpretation of the charter party leads to the conclusion that the liability between the parties is excluded. Faced with the Supreme Court’s decision, the Baltic and International Maritime Council (BIMCO) adopted a new standard bareboat charter agreement only a few months later, the ‘BARECON 2017’ form, which amends, among other clauses, the one related to insurance. The present paper analyses (i) the new wording of the clause mentioned above and (ii) its incidence on the relationship between the parties of both the charter agreement and the insurance contract and its consequences for possible third parties. Despite BIMCO’s attempt to change the solution adopted by the Supreme Court and his willingness to allow the insurer to claim in subrogation against the person who causes the loss, the consequences, as it will be seen, do not differ much in practice when the wrongdoer is the co-insured charterer. On the contrary, when the loss is caused by a time charter or a sub-charter, in principle, there will be no impediment for the insurer to sue him.

The foundations and prerequisites of imagology

2021 ◽  
pp. 65-74
Author(s):  
Valerii P. Trykov ◽  
Keyword(s):  
Social Engineering ◽  
Dominant Strategy ◽  
The Other ◽  
Special Role ◽  
The West ◽  
European Culture ◽  
Post War ◽  
The 1960S ◽  
The One ◽  
Eu Project

The article examines the conceptual foundations and scientific, sociocultural and philosophical prerequisites of imagology, the field of interdisciplinary research in humanitaristics, the subject of which is the image of the “Other” (foreign country, people, culture, etc.). It is shown that the imagology appeared as a response to the crisis of comparatives of the mid-20th century, with a special role in the formation of its methodology played by the German comparatist scientist H. Dyserinck and his Aachen School. The article analyzes the influence on the formation of the imagology of post-structuralist and constructivist ideological-thematic complex (auto-reference of language, discursive history, construction of social reality, etc.), linguistic and cultural turn in the West in the 1960s. Shown is that, extrapolated to national issues, this set of ideas and approaches has led to a transition from the essentialist concept of the nation to the concept of a nation as an “imaginary community” or an intellectual construct. A fundamental difference in approaches to the study of an image of the “Other” in traditional comparativism and imagology, which arises from a different understanding of the nation, has been distinguished. It is concluded that the imagology studies the image of the “Other” primarily in its manipulative, socio-ideological function, i.e., as an important tool for the formation and transformation of national and cultural identity. The article identifies ideological, socio-political factors that prepared the birth of the imagology and ensured its development in western Humanities (fear of possible recurrences of extreme nationalism and fascism in post-war Europe, the EU project, which set the task of forming a pan-European identity). It is concluded that the imagology, on the one hand, has actualized an important field of scientific research — the study of the image of the “Other”, but, on the other hand, in the broader cultural and historical perspective, marked a departure not only from the traditions of comparativism and historical poetics, but also from the humanist tradition of the European culture, becoming part of a manipulative dominant strategy in the West. To the culture of “incorporation” into a “foreign word” in order to understand it, preserve it and to ensure a genuine dialogue of cultures, the imagology has contrasted the social engineering and the technology of active “designing” a new identity.

Protection of the Rights and Legitimate Interests of Entrepreneurs in Cases of Crimes in the Sphere of Economic Activity

2021 ◽  
Vol 3 ◽  
pp. 92-98
Author(s):  
O. А. Zaytsev ◽  
Keyword(s):  
Economic Activity ◽  
Criminal Policy ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Analysis And Synthesis ◽  
Legitimate Interests ◽  
General Scientific

The article examines the problematic issues of applying measures to protect the rights and legitimate interests of entrepreneurs in cases of crimes in the field of economic activity. The material-legal and criminal-procedural mechanisms used in the course of proceedings in this category of cases are examined. Special attention is paid to the analysis of the legal positions of the Supreme Court of the Russian Federation, reflected in the decisions of the Plenum of November 15, 2016 № 48 and October 3, 2017 № 33. The purpose of this study is to identify the most acceptable areas of activity of judicial and law enforcement agencies to protect the rights and legitimate interests of entrepreneurs involved in criminal proceedings. The objectives of the study are: a) to determine the specifics of criminal and criminal procedure legislation containing humane mechanisms for the category of cases under consideration; b) to highlight the positions of scientists who conduct research in this field of activity; с) substantiation of recommendations for the further development of criminal policy in the direction of liberalizing the current structure of crimes in conjunction with the improvement of criminal procedural forms of criminal proceedings. The methodological basis of the research was the dialectical method of cognition, General scientific methods of abstraction, analysis and synthesis, as well as special legal methods. Promising ways of development of criminal policy in the field of formation of legislation that allows the most effective protection of the rights and legitimate interests of entrepreneurs are proposed. The conclusion is made about the need for further scientific study of the system of material-legal and criminal-procedural mechanisms used in the proceedings on crimes committed in the sphere of business and other economic activities.

Rwanda: Civil–Military Relations

2021 ◽  
Author(s):  
Marco Jowell
Keyword(s):  
Central Africa ◽  
Armed Forces ◽  
National Defense ◽  
Mass Violence ◽  
Early 21St Century ◽  
Civil Military Relations ◽  
Practical Experiences ◽  
The One ◽  
Military Relations ◽  
The Military

The army has been a central part of Rwanda’s political system from the precolonial period until the early 21st century and is intrinsically part of the construction and politics of the state. Civil–military relations in Rwanda demonstrate not only the central features of transitioning a rebel group to a national defense sector but also how some states construct their armed forces after a period of mass violence. Since the civil war and genocide in the early 1990s, the Rwandan military has been the primary actor in politics, the economy, and state building as well as in regional wars in central Africa and the Great Lakes region. Practical experiences of guerrilla insurgency and conflict in Uganda and Rwanda, postconflict military integration, and the intertwining of political and economic agendas with the ruling party have shaped civil–military relations in Rwanda and have been central to how the Rwandan defense sector functions. Contemporary Rwandan civil–military relations center around the two elements of service delivery and control, which has resulted in the development of an effective and technocratic military in terms of remit and responsibilities on the one hand, and the creation of a politicized force of coercion on the other hand. The military in Rwanda therefore reflects the pressures and dynamics of the wider state and cannot be separated from it. The Rwandan army is thus a “political army” and is part and parcel of the political structures that oversee and govern the Rwandan state.

Owners, creditors and traders: Women in late colonial Calcutta

2019 ◽  
Vol 56 (4) ◽  
pp. 427-456
Author(s):  
Ishita Chakravarty
Keyword(s):  
Urban Space ◽  
Sex Workers ◽  
Economic Activities ◽  
Court Records ◽  
Domestic Servants ◽  
The Social ◽  
The First World War ◽  
Poor Women ◽  
Banking Business ◽  
The One

This article tries to reconstruct the world of the property-owning, mortgage-holding and money-lending women in late colonial Bengal and especially in Calcutta, the commercial capital of British India until the First World War. It argues that as all poor women occupying the urban space were not either sex workers or domestic servants, similarly all middle-class women in colonial Calcutta were not dependent housewives, teachers and doctors. At least a section of them engaged in other gainful economic activities. However, existing scholarship sheds very little light on those women who chose other means of survival than the bhadramahila: those who bought and sold houses, lent money for interest, acquired mortgages, speculated in jute trade and even managed indigenous banking business. Evidence of court records suggests that they, along with the lady teacher, the lady doctor, the midwife and the social worker or later members of political organisations, could be found in considerable numbers in late colonial Calcutta. Due to the enactment of stringent laws to control moneylending, on the one hand, and the commercial decline of Calcutta, on the other hand, these women were possibly driven out of the shrinking market of the 1940s and 1950s.

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