Doctrine of Desuetude –Addressing the Constitutional Minefield

2016 ◽  
Vol 5 (1) ◽  
pp. 35-48
Author(s):  
Tripathi Yah ◽  
Singh Rupali
Keyword(s):  
Considerable Confusion ◽  
The Common ◽  
The Law ◽  
Common Man ◽  
The Government ◽  
Insight Into ◽  
Law Commission ◽  
Technical Terms

Ever since India became independent in 1947, major reforms have taken place with respect to many aspects of our day-to-day life. Despite this, several of the laws so passed have not adequately led to the advancement of our country. In addition, statutes are often complex, and therefore cannot be understood by the common man. Ironically, the laws that are enacted for the betterment of the citizens are structured and compiled in such a manner, so as to lead to circuitous statutes laden with several technical terms, discouraging the same very people of the country from taking any legal recourse. The law commission has come out with many far-reaching reports to repeal numerous irrelevant laws, which have given rise to considerable confusion in the minds of citizens as well as the litigants. However, the government has not been very proactive on this front, taking shelter under Article 372 of our Constitution which provides the basis for the continuation of such redundant laws. Most of these laws no longer serve their original purposes, given the change in context. This article highlights the problems that are caused by such laws. Further, it gives an insight into the applicability of the doctrine of desuetude and how the judiciary has favoured its applicability to simplify matters relating to the functioning of these laws.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

scholarly journals Psychiatry in Pakistan (1947–1994): the balance sheet

1995 ◽  
Vol 19 (9) ◽  
pp. 567-570 ◽  
Author(s):  
M. Shafique
Keyword(s):  
Balance Sheet ◽  
General Duty ◽  
The Common ◽  
The Law ◽  
Common Man

At the time of independence (1947) Pakistan with a population of 40 million had three asylum-like hospitals with a total of less than 2000 beds. The hospitals were prison-like and they provided custody with little care. Patients were mostly brought in chains. Detention and reception orders were used for admission as provided in law and the law was and continues to be the Lunacy Act of 1912. The common man referred to them as pagal-khanas (mad houses) or jail hospitals. The doctors appointed were mostly general duty doctors with no training and often no interest in psychiatry and their average stay was two to three years. In place of nurses there was a cadre of attendant staff, most of them illiterate, untrained and acting more like police sepoy or jail warder than nurse.

scholarly journals Impelementasi Kebijakan Pemerintah dalam Mengoptimalkan Kinerja Pegawai Negeri Sipil untuk Meningkatkan Kualitas Pelayanan Jaminan Kesehatan Nasional-Badan Penyelenggara Jaminan Sosial Kesehatan

2018 ◽  
Vol 8 (2) ◽  
pp. 275-292
Author(s):  
Aloi Kamarasyid
Keyword(s):  
Human Resource ◽  
National Health ◽  
Regional Hospital ◽  
The Common ◽  
Bureaucratic Structure ◽  
The Law ◽  
The Government ◽  
Civil Government

The program of government is ruled by an organization which is pointed out to perform as the first target. But there are not programs of government has not been maximumly ruled by the organization which is pointed. The program of guarantee of national health of the board of social guarantee at The Common Hospital of South Bangka Hospital, Regional Hospital of Pangkalpinang, Bhakti Timah Hospital Pangkalpinang hasn’t succeeded maximum. It is caused by the medical workers haven’t been suitable, the sum of doctors are not enough, the facilities haven’t been enough, a few of socialisations about the programs. It is needed the policy of the government to manage the programs so the service of heath can be touched for all people of South Bangka, Pangkalpinang according to the law of Republic of Indonesia number 24 in the year 2011, the regulation of minister of the heath of Republic of Indonesia number 28 in the year 2014. The policy of government is influenced by four of communication factors, human resource, disposition, and bureaucratic structure, whereas the work of civil government officers to give a service of guarantee of national health, the board of social guarantee at The Common Hospital of South Bangka, The Regional Hospital of Pangkalping, and The Bhakti Timah Hospital hasn’t been ability, motivation, and maximum chance. The utility of the writing to see the work of civil government officers in giving a service of national guarantee, the board of social guarantee.

Implementation of E-Governance in India

2012 ◽  
pp. 1282-1304
Author(s):  
Mangala Anil Hirwade
Keyword(s):  
Service Delivery ◽  
State Government ◽  
Holistic View ◽  
Government Services ◽  
Service Category ◽  
The Status ◽  
The Common ◽  
Common Man ◽  
The Government ◽  
Ultimate Objective

The National e-Governance Plan (NeGP) was approved by the Government of India in the year 2006, comprising of 27 Mission Mode Projects (MMPs) and 8 components. The vision of this programme is –“to make all government services accessible to the common man in his locality, through common service delivery outlets, and ensure efficiency, transparency, and reliability of such services at affordable costs to realise the basic needs of the common man.” The effort has been made to demystify and simplify the process of delivering government services by taking a holistic view of initiatives across the country and proving an enabling ICT based platform. The ultimate objective is to bring government services to citizens’ doorsteps. This article discusses major e-governance initiatives before the launch of NeGP and the status of MMPs under Central and State Government and under integrated service category after the launch of NeGP. It also takes an overview of the number of online services provided to the stakeholders through government portals. A review of recommendations of National Knowledge Commission of India on e-governance is taken along with the actions taken in this direction. Major challenges in implementation of e-governance are also discussed.

Where We Are, and How We Got Here

2001 ◽  
Author(s):  
William M. Lewis
Keyword(s):  
North America ◽  
Federal Government ◽  
Public Attitude ◽  
The Common ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
Free People ◽  
Wetland Regulation ◽  
Wetland Policy

English is a subtle language with many words that offer fine shades of meaning, but it also can be blunt and unequivocal. Dictionaries were not made for words such as hairdo, ballpark, or pigpen. The law, however, as practiced by Americans, can mutate the meaning of even the humblest word. If the law concerns itself with pigpens, then we must know whether a pigpen still exists when the pigs are removed and, if so, for how long. We must know if a pen originally built for cattle can become a pigpen if occupied by pigs and if pigpens are the same in all parts of the nation. In short, we must have federal guidance, regional interpretations, legal specialists, and technical authorities on pigpens. So it is with wetlands. The chapters of this book will show how troublesome the definition of wetlands has become since the federal government began regulating them. In the meantime, it will suffice to define wetlands informally as those portions of a landscape that are not permanently inundated under deep water, but are still too wet most years to be used for the cultivation of upland crops such as corn or soybeans. Wetlands, in other words, coincide pretty well with the common conception of swamps, marshes, and bogs. Government has had its hand in wetlands for about 150 years. Between the 1850s and 1970s, the federal government was intent on eliminating wetlands. Since then, it has been equally intent on preserving them. An individual who behaved in this manner would seem at least irresponsible. Many critics of federal wetland policy have in fact given the government a sound thrashing for its inconsistency, but the shift from elimination to protection of wetlands has continued nevertheless. Blaming government is the duty of a free people, and also good sport. Even so, the obvious truth about wetland regulation is that government has merely reflected a change in public attitude toward wetlands. Most Americans now believe that wetlands should be saved throughout the nation, except possibly on their own property. Americans did not always feel this way. Most European colonists of North America came from homelands that were essentially tame.

scholarly journals Politics of Immigration and Language: The Case of Pakistani Residents in Spain

2018 ◽  
Vol 8 (3) ◽  
pp. 36
Author(s):  
María Isabel Maldonado García
Keyword(s):  
Language Proficiency ◽  
Jewish People ◽  
Spanish Language ◽  
Council Of Europe ◽  
Specific Group ◽  
The Common ◽  
The Law ◽  
The Government ◽  
Nationality Law

The new Spanish nationality law requires a certain level of Spanish language proficiency for the application of Spanish nationality. The law, which is on the Official State Bulletin (BOE-Boletin Oficial del Estado) N. 167, Section I, Page 58, 149 and which was drafted on the 14th of July, 2015, came in effect on the 15th of October, 2015. The new regulation outlined the new requirements for the immigrants to be able to become Spanish citizens. The law was mainly targeted towards the descendants of those Jewish people who were thrown out of Spain in 1492 in an effort of the Spanish government to normalize relations. Nevertheless, all new applicants are somehow affected by it since a minimum knowledge of Spanish language is required, (level DELE A2 according to the Common European Framework of Reference for languages (CEF; Council of Europe, 2001 & Little (2005)) and a certain cultural and constitutional knowledge as well, to be measured by additionally passing the CCSE exam. These exams, according to the law, are to be administered by Instituto Cervantes, the official Institute of Spanish language of the Government of Spain. This paper aims to study the repercussions and new effects the law is having on the Pakistan Instituto Cervantes Examination Center in terms of enrollments as well as the effects on a specific group of immigrants themselves; the immigrants from Pakistan.

Divorce and the Lord Chancellor: Looking to the Future or Getting Back to Basics?

1994 ◽  
Vol 53 (2) ◽  
pp. 253-262
Author(s):  
Andrew Bainham
Keyword(s):  
Family Values ◽  
Green Paper ◽  
Mixed System ◽  
Neutral Process ◽  
The Future ◽  
The Law ◽  
The Government ◽  
Lord Chancellor ◽  
Over Time ◽  
Law Commission

The Government is keen to get “back to basics” about divorce. The Green Paper which the Lord Chancellor presented to Parliament in December 1993 invites us all to reflect on family values and is intended to provoke a “thorough national consideration” of the whole basis for divorce. It follows proposals by the Law Commission but is less than a ringing endorsement of the Commission's scheme. The Law Commission has advocated a shift from the current “mixed” system (embracing fault and no-fault grounds) to an entirely no-fault basis for divorce. Under these proposals divorce would be regarded as a neutral “process over time” and would not entail judgments into the causes of marriage breakdown. While the Green Paper gives qualified support to this idea, the Government has yet to reach a concluded view.

Time for an English Commercial Code?

1997 ◽  
Vol 56 (3) ◽  
pp. 516-536
Author(s):  
Dame Mary Arden
Keyword(s):  
Common Law ◽  
Law Reform ◽  
England And Wales ◽  
Commercial Code ◽  
Unique Experience ◽  
The Common ◽  
Systematic Development ◽  
The Law ◽  
Lord Chancellor ◽  
Law Commission

Parliament has imposed on the Law Commission the duty to review the law of England and Wales “with a view to its systematic development and reform, including in particular the codification of [the] law … and generally the simplification and modernisation of the law”. There are a number of points which flow from this. First, as a body which reviews great swathes of the common law to see if they require to be modernised or simplified, the Law Commission has a unique standpoint from which to view the strengths and weaknesses of the common law method. Second, it has unique experience of law reform and the Parliamentary process. Third, in discharge of its functions, it has an interest in seeing that, if codification is appropriate, a recommendation to that effect is made to the Lord Chancellor. It need not be the Law Commission which carries out the recommendation, and indeed the Law Commission could not carry out a project purely of its own initiative.

scholarly journals The Common Law of War

2017 ◽  
Author(s):  
Jens David Ohlin
Keyword(s):  
Natural Law ◽  
Common Law ◽  
Armed Conflicts ◽  
Law Of War ◽  
Early American ◽  
American Law ◽  
The Common ◽  
The Law ◽  
Military Commissions ◽  
The Government

In recent litigation before U.S. federal courts, the government has argued that military commissions have jurisdiction to prosecute offenses against the "common law of war," which the government defines as a body of domestic offenses, such as inchoate conspiracy, that violate the American law of war. This Article challenges that definition by arguing that stray references to the term "common law of war"in historical materials meant something completely different. By examining the Lieber Code, the writings of early natural law theorists, and early American judicial decisions, this Article concludes that the "common law of war" referred to a branch of the law of nations that applied during internal armed conflicts, such as civil wars with non-state actors. This body of law was called "common," not because it was extended or elaborated by the common law method of judge-applied law, but rather because it was "common" to all mankind by virtue of natural law, and thus even applied to internal actors, such as rebel forces, who were not otherwise bound by international law as formal states were. By recapturing this lost definition of the common law of war, this Article casts some doubt on the U.S. government's position that military commissions have jurisdiction not only over international offenses, but also domestic violations of the law of war.Published: Jens David Ohlin, "The Common Law of War," 58 William & Mary Law Review (2016)

scholarly journals Judicial Specialisation in a Generalist Jurisdiction: Is Commercial Specialisation Within the High Court Justified?

2015 ◽  
Vol 46 (2) ◽  
pp. 307
Author(s):  
William Steel
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Future Research ◽  
High Court ◽  
The Law ◽  
The Government ◽  
Law Commission ◽  
The Way

In November 2013, after a series of Law Commission reports and years of academic, professional and judicial discussion, the Government introduced legislation to Parliament to replace the existing High Court commercial list with a specialist commercial panel. Whilst this panel would bring New Zealand into line with many comparable common law jurisdictions, this article argues that the case for specialisation has not been established. In particular, it notes that there is no publically available evidence to support the claim that the High Court is losing its commercial jurisdiction, or that commercial parties are choosing to resolve their disputes offshore or through alternative dispute resolution. Accordingly, this article argues that future research by the Law Commission, or other research agency, is required before specialisation can be justified. In reaching this conclusion, it also examines the issues that may arise if the Government decides to continue with its proposed reform under cl 18 of the Judicature Modernisation Bill 2013, suggesting changes along the way.

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