Zur Mehrsprachigkeit in der Schweiz und im schweizerischen Rechtssystem

2016 ◽  
Vol 61 (2) ◽  
Author(s):  
Paweł Bielawski
Keyword(s):  
French Text ◽  
Legal System ◽  
Legal Texts ◽  
Swiss Confederation ◽  
Official Languages ◽  
Made In

AbstractThe article analyses how the Swiss Confederation regulates its multilingualism and the role the official languages play in the legislative and judicial processes of this country. It is proved here that the legislation in Switzerland is not made in all four official languages, hence it depends on translation. Considering that only German and French text versions of Swiss laws are aligned to each other, the article further examines whether the differences existing between the language versions of these legal texts lead to pragmatic divergences. Against this backdrop, the article considers whether the legal system of the multilingual Switzerland can be called multilingual.

The "Right to Die": A Case Study in American Lawmaking*

1996 ◽  
Vol 3 (1) ◽  
pp. 49-74
Author(s):  
Alan Meisel
Keyword(s):  
Legal System ◽  
Right To Die ◽  
Judicial Process ◽  
Clinical Issue ◽  
The Press ◽  
American Law ◽  
American Legal System ◽  
The Right ◽  
Made In

AbstractIn the 20 years that have passed since the Karen Quinlan case exposed a simmering clinical issue to the light of day — more precisely, to the press and to judicial process — a consensus has developed in American law about how end-of-life decisionmaking should occur. To be sure, there are dissenting voices from this consensus, but they are often (though not always) about minor issues. By illustrating how this consensus has evolved, this paper explores how law is made in the American legal system and the roles that different legal and extra-legal institutions play in lawmaking.

scholarly journals The Principle of Protecting the Best Interests of the Child in Shia Jurisprudence and Iran’s Legal System with Emphasis on Custody (New Understanding of a Traditional Legal Concept)

2019 ◽  
Vol 6 (1-2) ◽  
pp. 67-82
Author(s):  
Seyed Masoud Noori ◽  
Maryamossadat Torabi
Keyword(s):  
Legal System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Treaties ◽  
Best Interest ◽  
Legal Concept ◽  
Rights Of The Child ◽  
The Family ◽  
Made In

In this article, children’s rights will be studied in the Iranian legal system with remarks on its references in the Shia Jurisprudence. One of the main issues regarding children, is their guardianship, custody or tutorship. The Iranian legal system, same as the Shia Jurisprudence, has always kept the best Interest of the child as an essential ground for law making. Referring to court decisions; it is evident that control of the guardianship on the child is limited by the best interests of the child, because this interests is what we are sure to understand from the reason of custody of the child and that this system is designed only to secure child’s best interests since he/she might be incapable to secure his/her interests alone. The Iranian legal system, especially in the family law section is based on the Islamic rules. The main documents in the Shia Jurisprudence in Islam are Quran, Hadith, Consensus and reasoning which will be defined herein. In addition, a more recent review will be made in this study regarding the ratified laws regarding children’s rights and international treaties and conventions while focusing on the Convention on the Rights of the Child even though, Iran joined this convention by having several reservations.

scholarly journals Preparation of a Legislative Proposal in the Multilingual Legal System of the European Union

2016 ◽  
Vol 45 (1) ◽  
pp. 37-50
Author(s):  
Anna Doliwa-Klepacka
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
Language Version ◽  
Eu Member States ◽  
Legislative Proposal ◽  
Official Languages ◽  
The Right ◽  
Right Of Access ◽  
The Eu

Abstract The principle of multilingualism in the legal system of the European Union is one of the key elements that guarantees, among others, the right of access to EU legislation. It is particularly important not only in the sphere of the direct application of the EU law, but also in the sphere of access to information during the lawmaking procedures at the EU institutions. A special case is, however, a stage of preparing a draft legislative proposal by the European Commission. The EU member states agree to limit the use of official language version to the working documents for “working” languages of the Commission, i.e. English, French and German. In practice, English and French are the most widely used languages for the working arrangements in the preparation of the draft legislation, mainly due to costs of the necessary translations and an effectiveness of this stage. This article presents a course of the stage of the drafting a legislative proposal by the Commission and illustrates the scope of work partly exempted from the obligation to ensure the full application of the principle of equivalence of all the official languages of the European Union.

scholarly journals The Use of Internal Audit in Economic Development

2011 ◽  
Vol 11 (1) ◽  
pp. 97-106
Author(s):  
Paweł Romaniuk
Keyword(s):  
Economic Development ◽  
Public Administration ◽  
Legal System ◽  
Internal Audit ◽  
Supervisory System ◽  
Made In

Abstract The functioning of modern public administration must necessarily be related to the audit of its activities. The Polish legal system stands out because of the following criteria, which are made in the supervisory system, namely: the legality, economy, reliability and usefulness.

scholarly journals Interés general = General Interest

2019 ◽  
pp. 173
Author(s):  
Pablo Acosta Gallo
Keyword(s):  
Public Service ◽  
Legal System ◽  
Social Interest ◽  
The State ◽  
Public Utility ◽  
General Interest ◽  
Administrative Action ◽  
Legal Texts ◽  
Definition Of

Resumen: El concepto de interés general está sólidamente implantado en nuestra Constitución y en nuestro textos legales. La cláusula “intereses generales” legitima la acción de gobierno y la existencia misma del Estado, así como sus poderes de limitación de las esferas de libertad de los ciudadanos. Sin embargo, nuestro ordenamiento jurídico no ofrece una definición de lo que son los intereses generales. En este estudio se intentan encontrar las características que permiten orientar la acción administrativa hacia la satisfacción de los intereses generales, así como identificar los elementos que construyen el concepto.Palabras clave: Interés general, intereses generales, utilidad pública, interés social, servicio público.Abstract: The concept of general interest is firmly implanted in our Constitution and in our legal texts. The clause "general interests" legitimizes the action of government and the very existence of the State as well as its powers to limit the spheres of freedom of citizens. However, our legal system does not offer a definition of what general interests are. In this study we try to find the characteristics that allow us to orient the administrative action towards the satisfaction of the general interests as well as to identify the elements that construct the concept. Keywords: General interest, general interests, public utility, social interest, public service. 

The Intolerable Price of Self-Respect

2019 ◽  
pp. 121-156
Author(s):  
Wesley C. Hogan
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Legal System ◽  
Black People ◽  
Electoral Politics ◽  
The Other ◽  
Made In ◽  
Trayvon Martin

The iced tea and Skittles Trayvon Martin carried home when he was murdered by George Zimmerman in February 2012 in suburban Sanford, Florida, represent an undeniable and terrifying truth: if you happen to be Black, the most basic of activities can get you killed in today’s America. In most cases, the killers walk free. Law enforcement and the legal system muster elaborate rationales, and leaders of the major institutions of the culture look the other way. James Baldwin’s observation is as pertinent today as it was when made in 1962: his countrymen, he recognized soberly, “have destroyed and are destroying hundreds of thousands of lives and do not know and do not want to know it.” In the end, almost no law enforcement is held accountable for the routine killings happening on the streets of America. Particularly for young Black citizens, this fact is a blunt daily reminder that for far too many in power, Black lives do not matter. The Movement for Black Lives (M4BL) and its organizations like the Dream Defenders, BYP100, SONG, and others have put healing and restorative justice at the center of their movement work, as this chapter covers. They try to answer: how can the movement build the best possible futures for Black people? Is abolition the best path? What are others? Through both movement and electoral politics, they seek fresh ways to make government bodies accountable to people at the base.

Toward a Theory of Legal Interpretation

2014 ◽  
Author(s):  
Scott Soames
Keyword(s):  
Legal System ◽  
Legal Interpretation ◽  
Empirical Theory ◽  
Legal Norms ◽  
Ideal System ◽  
Legal Texts ◽  
Moral Theories ◽  
The Law

This chapter is concerned with the content of legal norms governing the interpretation of legal texts by legally authoritative actors in a legal system. As such, a theory of legal interpretation is a theory of the content of the law, codified or uncodified, governing legally authorized interpreters. Thought of in this way, it is a nonnormative empirical theory related to, but distinct from, (a) empirical theories about what the mass of judges in a particular legal system actually do in the cases before them; (b) moral theories about what they morally should do in particular cases; and (c) politically normative theories about what the role of the judiciary should be in an ideal system. The most important question to be answered by such a theory is, what precisely is required of legally authoritative interpreters, how much and what kind of latitude are they allowed, and what factors are they to take into account in their interpretations?

The Dramatic Clarification of School Segregation and Diversity Law

2017 ◽  
Author(s):  
Roger J.R. Levesque
Keyword(s):  
Ethnic Groups ◽  
Legal System ◽  
Black Youth ◽  
School Desegregation ◽  
School Segregation ◽  
Racial Ethnic ◽  
System Approaches ◽  
Made In

Educational segregation is spreading. Although rising percentages of different ethnic/racial and multiracial groups complicate statistical findings, Blacks still remain substantially more segregated from Whites than other racial/ethnic groups, even despite the legacy of school desegregation and integration efforts targeted at Black youth. This chapter examines the spread of educational segregation and highlights how the legal system increasingly views such segregation as outside of the legal system’s reach. It examines how the legal system approaches discrimination and notes how the book explores the source, nature, and implications of what constitutes segregation and related phenomena, such as desegregation, integration, and discrimination. It concludes by detailing the arguments made in the remainder of the book.

Murder revisited: the guilt of Florence Maybrick

2005 ◽  
Author(s):  
John Emsley
Keyword(s):  
Legal System ◽  
Life Imprisonment ◽  
Poor State ◽  
Queen Victoria ◽  
Legal Problems ◽  
The World ◽  
Male Dominated ◽  
Court Of Appeal ◽  
Made In ◽  
Release From Prison

Of all the arsenic murders, the Maybrick case is the most intriguing. On 7 August 1889 Florence Maybrick was found guilty of murdering her husband James and sentenced to death, only to be reprieved two weeks later and her sentence commuted to life imprisonment. There are those who believe she should have been acquitted because she was innocent. There are those who believe that even if she was guilty she did the world a service in that the man she killed was really Jack-the-Ripper. That somewhat dubious claim was made in the 1990s with the publication of an old diary supposedly written by James Maybrick. In the furore which followed the trial, Florence was seen as a martyr by two groups: the supporters of the Women’s Rights Movement, and those who campaigned for a Court of Appeal. The first of these saw her as a victim of a male-dominated legal system, and the second saw her as a prime example of injustice which the British legal system as it then stood was unable to rectify. The Women’s International Maybrick Society even enlisted the support of three US Presidents, but to no avail because, unbeknown to them, Queen Victoria had taken an interest in the case and believed Florence to be guilty. Until the Queen died, there was no possibility of her release from prison, although she was set free soon afterwards. Legal problems raised by the Maybrick trial centred on the summing-up of the Judge, Mr Justice Fitzjames Stephens. In its latter stages this became little more than a tirade of moralizing generalizations that dwelt on Florence’s admitted adultery, implying that a woman capable of committing such a sin was indeed capable of murder. (Nothing was said at the trial about her husband’s mistress and the five children that she had borne him.) The summing-up was flawed in other ways; for example the judge introduced material that was not produced during the trial and he read accounts of what witnesses had said from newspaper cuttings of their evidence because his own notes were in such a poor state.

COMMENTARY ON JUDGMENT OF THE CONSTITUTIONAL TRIBUNAL OF 10 DECEMBER 2014, K 52/13

2021 ◽  
Vol 1 (XXI) ◽  
pp. 295-306
Author(s):  
Klaudia Buratowska
Keyword(s):  
Legal System ◽  
Animal Rights ◽  
Moral Problem ◽  
Public Morality ◽  
Reference Number ◽  
Constitutional Tribunal ◽  
Legislative Changes ◽  
Made In

This gloss is critical and raises issues related to limiting the protection of animal rights to their humane treatment, caring for their welfare, by completely allowing the ritual slaughter of animals, without their prior stunning, as is the case in Judaic or Muslim religious rites. Over the course of almost 20 years, as many as five legislative changes have been made in Poland in this regard, therefore the issue of the ritual of killing animals without first depriving them of consciousness is a very important ethical and moral problem. The long-awaited judgment of the Constitutional Tribunal on the admissibility of slaughtering animals for religious purposes was to put an end to this. In the voted judgment, the Constitutional Tribunal stated that the constitutional freedom to manifest religion - that is, the admissibility of ritual slaughter of animals - is superior to the protection of animal rights and does not pose a threat to public morality. Beginning with the scope of the applicant’s legitimacy, i.e. its legitimacy and exceeding the limits of the demands, the assessment of the weighing of competing constitutional values, the failure to develop a coherent and uniform position in the case in question, the adoption of erroneous assumptions, inaccuracies, it can be clearly stated that the judgment and (reference number K 52/13) does not solve the problem of ritual slaughter of animals in Poland, and introduces even greater chaos and disorder to the current legal system.

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