scholarly journals Article 153 Of the Federal Constitution: Governing Principle for Affirmative Policy Against Social Injustice

2021 ◽  
Vol 5 (1) ◽  
pp. 135-140
Author(s):  
Wan Ahmad Fauzi bin Hashim Wan Husain
Keyword(s):  
Living Standard ◽  
Social Injustice ◽  
Legal Analysis ◽  
Net Worth ◽  
Federal Constitution ◽  
National Debate ◽  
Governing Principle ◽  
The Government ◽  
Number Of Individuals ◽  
Sabah And Sarawak

The special position of Malays and Natives of Sabah and Sarawak remains a national debate despite the fact that its position has been lawfully accorded according to Article 153, Federal Constitution. Those who had significantly benefitted from the implementation of policies under Article 153 among non-Malays and non-Natives of Sabah and Sarawak, especially from an economic policy have yet turned up to defend many allegations thrown at the Government. As a matter of fact, many Malays themselves admitted that the Government had introduced many good programs to elevate the living standard of their community but yet to see much improvement across the country. On the contrary, the wealth accumulated by non-Malays as well as non-Natives of Sabah and Sarawak beyond RM1 billion personal net worth as shown in many popular magazines has proven to increase both in the number of individuals and its value. Hence, this paper aims to examine Article 153 and its governance on policies for affirmative action against social injustice using historical and legal analysis methods. The findings in this study could justify the position of Article 153 and evaluate the truth of so many allegations against it.

scholarly journals Who Is a Native of Sabah? A Legal Analysis

2021 ◽  
Vol 6 (10) ◽  
pp. 558-566
Author(s):  
Rafidah@Malissa Binti Salleh ◽  
Lenny James Matah ◽  
Ku Mohd Amir Aizat Ku Yusof ◽  
Hershan@Ray Herman
Keyword(s):  
The State ◽  
Legal Analysis ◽  
Special Position ◽  
Legal Provisions ◽  
State Constitution ◽  
Federal Constitution ◽  
Definition Of ◽  
Sabah And Sarawak

Article 161A of the Federal Constitution provides for the special position of natives of Sabah and Sarawak. Who are the natives of Sabah? There are legal definitions provided in the Federal Constitution, the State Constitution of Sabah and the Sabah Interpretation (Definition of Native) Ordinance 1952. However, each provision provides vague and unclear definitions for the term "native". This vague and inconsistent definition leads to so many problems faced by the natives of Sabah, both in economic and political aspects. Thus, this paper aims to analyse the relevant legal provisions concerning the definition of a native of Sabah and highlight possible solutions to the problems.

scholarly journals THE CHALLENGES IN ENFORCING POST DIVORCE ORDERS OF NATIVE COURTS IN EAST MALAYSIA

2021 ◽  
Vol 29 ((S1)) ◽  
pp. 17-35
Author(s):  
Hanna Ambaras Khan ◽  
Nora Abdul Hak ◽  
Najibah Mohd Zin ◽  
Roslina Che Soh
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Community Leader ◽  
Group Discussions ◽  
Federal Constitution ◽  
Conversion To Islam ◽  
East Malaysia ◽  
The Government ◽  
Personal Law ◽  
The Village

The native court in Malaysia comprises of Mahkamah Anak Negeri Sabah and Mahkamah Bumiputera Sarawak. The existence of this court is recognised by the Malaysian Government and they are mentioned in the Federal Constitution of Malaysia. Although these courts are given power and authority in dealing with the personal law of natives in each state, there are challenges in enforcing post-divorce orders made by these courts. This article is significant since there is a dearth of study on this topic. The main objective of this article is to examine the enforcement of post-divorce orders of native courts within East Malaysia. It will also explore the problems and challenges of divorcees in enforcing divorce orders and provide recommendations to improve the existing system. This article adopts library-based and qualitative research method which consists of group discussions and interviews with the village headman (ketua kampung), headman (penghulu), community leader, native courts’ judges, native court of appeal’s judge, registrar of native court and several divorcees. The result of this research identified four challenges vis-a-vis: the capability to find the husband upon the issuance of the divorce order; second, husband’s default payment of maintenance; lack of manpower in enforcing the order and lastly, husband’s conversion to Islam. Thereafter, this article suggests that the government could provide assistance by empowering court bailiffs or enforcement bodies, increasing funding and to designate a special department for enforcement of divorce orders

Ratifikasi Konvensyen Pertubuhan Bangsa-Bangsa Bersatu terhadap Hak Orang Kurang Upaya: Implikasi dan Realiti dari Dimensi Perundangan dan Kesamarataan

2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir
Keyword(s):  
Human Rights ◽  
Minority Group ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
Federal Constitution ◽  
Norms And Values ◽  
The Disabled ◽  
The Government ◽  
The Right

Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.

Study on the Industry of Making Biodiesel from Hogwash Oil

2012 ◽  
Vol 524-527 ◽  
pp. 1767-1772
Author(s):  
Jia Dong Zhang ◽  
Zi Wei Zhu
Keyword(s):  
Environmental Protection ◽  
Economic Benefits ◽  
Living Standard ◽  
General Definition ◽  
Potential Hazard ◽  
City Image ◽  
Water Separation ◽  
Used Cooking Oil ◽  
Catering Industry ◽  
The Government

Hogwash oil mainly refers to the greasy floater recycled from oil-water separation system or drainage of the catering industry, it is a general definition of various wasted greases. With the improvement of living standard, people have stronger sense of environmental protection, and gradually realize the potential hazard of poorly disposed kitchen garbage, the government and environmental protection departments are paying more attention on treatment of hogwash oil. Biodiesel is a renewable source of energy, a liquid fuel made from rapeseed, soybean, oil palm, pistachio nut, microalgae and the like oil crops, nuts and aquatic plants as well as animal greases and used cooking oil, and it is a high-quality petroleum diesel substitute. Given China’s reality, the implementation of the hogwash oil-for-biodiesel project could not only bring more economic benefits to the society, but also have significant influence on city image, citizens’ health and environmental quality. The popularization of such project will have great significance in protecting China’s energy security and relieving current fuel shortage.

Germany

2019 ◽  
pp. 189-211
Author(s):  
Olaf Dilling ◽  
Wolfgang Köck
Keyword(s):  
Pollution Control ◽  
Environmental Law ◽  
Air Pollution Control ◽  
Implementation Framework ◽  
Basic Law ◽  
Federal Constitution ◽  
Complex Projects ◽  
International Obligations ◽  
The Government ◽  
Control Water

This chapter examines the main characteristics of German environmental law. It first explains how powers are allocated with regards to environmental law in Germany, focusing on environmental protection as a so-called national objective, anchored in the German Federal Constitution, the Basic Law (Grundgesetz); the devolution of legislative and executive competences with respect to German environmental law; and how the law is shaped by international obligations. The discussion then turns to the structure and substance of German environmental law, particularly as it applies to air pollution control, water management and water protection, waste management, nature and species protection, and nuclear energy. The chapter concludes with an analysis of the implementation framework for German environmental law, taking into account how the government resorts to the concept of ‘normative concretization’ to address implementation-related issues arising from complex projects.

Legal analysis of Qatar’santi-money laundering and combating terrorist financing legislation and regulation amidst the summer 2017 GCC crisis

2020 ◽  
Vol 23 (4) ◽  
pp. 793-804
Author(s):  
Mohammed Ahmad Naheem
Keyword(s):  
Money Laundering ◽  
International Standards ◽  
Legal Analysis ◽  
Content Type ◽  
Non Profit ◽  
Terrorist Financing ◽  
The Past ◽  
Regulatory Bodies ◽  
The Government ◽  
Financing Of Terrorism

Purpose The recent diplomatic split between members of the Gulf Cooperation Council (GCC) and Qatar with accusations of terrorist financing (TF). This paper aims to study Qatar’s domestic legislations, which specifically targets money laundering and TF activities. The country has stringently worked in compliance with international standards on combating financing of terrorism (CFT) and anti-money laundering (AML) practices by imparting autonomous power to regulatory bodies, such as the Qatar Central Bank and other agencies. Design/methodology/approach This paper studies independent legislations passed under the Emir’s decree over the past decade advancing Qatar’s AML ranking, with significant effort in CFT regulations. The paper also analyses the advancement in AML/CFT regulation and their validity with respect to international standards set by various governmental, intergovernmental and non-profit agencies. Findings The analysis finds Qatar in compliance with strong AML/CFT regulations. Further, it finds the government to have provided transparent oversight to international organizations that attest to the findings of the legislative efforts. This paper disproves claims and accusations that have possibly been presented to the GCC and subsequently led members to abruptly end diplomatic relations with Qatar over allegations of TF activities, amongst others. Originality/value The paper offers insight into Qatar’s legislative and regulatory advancement with respect to the AML/CTF in the past decade. The paper also discusses Qatar’s legislative advancement in relation to the evolutions of the country’s financial system, adopting a more robust mechanism to combat financing of terrorism and ML.

The free trade area of the EAEU-Vietnam: preliminary analysis of effects of trade integration

2019 ◽  
Author(s):  
Эдуард Джагитян ◽  
Eduard Dzhagityan ◽  
Виктория Перская ◽  
Viktoriya Pyerskaya ◽  
Николай Ревенко ◽  
...  
Keyword(s):  
Free Trade ◽  
Free Trade Area ◽  
Trade Integration ◽  
Legal Analysis ◽  
Socialist Republic ◽  
Member States ◽  
Economic Relations ◽  
Trade Area ◽  
Short Period ◽  
The Government

In the collective monograph, written by the authors of the Financial University under the government of the Russian Federation and Banking Academy of Vietnam identified key problematice economic ties of the EEU member States and SVR. It States that the Agreement on free trade between the member States of the Eurasian economic Union and the Socialist Republic of Vietnam even for a short period of operation has allowed to deepen cooperation in almost all areas which are the subject of the interaction. A comparative assessment of different types of free trade agreements was made. The problems preventing the intensification of interaction between the EAEU countries and Vietnam in the areas of trade, foreign direct investment, intellectual property, tourism and regulation of migration flows are identified, the legal analysis of the articles of the Agreement is carried out. The efficiency of the EAEU-Vietnam free trade zone is estimated using the gravity model.The main recommendations on strengthening the interstate partnership within the framework of the current Agreement are formulated. For managers and specialists in foreign economic activity, researchers, postgraduates, students studying international economic relations.

scholarly journals The Malaysian Federal Constitution: An Islamic or a Secular Constitution?

2019 ◽  
Vol 5 (1) ◽  
pp. 134
Author(s):  
Syed Fadhil Hanafi Syed A. Rahman
Keyword(s):  
Salient Feature ◽  
Basic Structure ◽  
Public Law ◽  
The Other ◽  
Islamic State ◽  
Federal Constitution ◽  
Relevant Case ◽  
The Government ◽  
Personal Law ◽  
The Impact

Constitutionalism dictates that the government must only act within the four walls of the constitution. While adherence to this fundamental doctrine is proven to be difficult, it becomes more complicated when the walls are unclear. For decades, Malaysians struggle to ascertain the actual legal value of religion, particularly Islam, in its Federal Constitution and the impact of religion to the Malaysian legal system. Some opined that secularism is a basic structure of the Malaysian Federal Constitution and in the name of constitutionalism, religious laws cannot be the basis for administration of public law and must be confined to personal law matters. On the other hand, some opined that Islam constitutes a salient feature of the Constitution and the position of Islam as the religion of the Federation implies Malaysia as an Islamic state. This paper analyses the conflicting views, via qualitative studies of constitutional provisions which have religious element in the light of their history, together with relevant case laws which interpreted them. The analysis is done with a view to determine whether the Malaysian Federal Constitution is a secular instrument creating a secular state or a religious document establishing a theocratic state. From such analysis, the author presents that the Malaysian Federal Constitution, albeit giving special preference to Islam, is a religion-neutral document which is receptive to both religious and secular laws. This is based on the fact that the Constitution upholds the validity of both secular and religious laws for as long as they are enacted according to procedural laws required by the Constitution.

scholarly journals Enrollment of Rural Farmers’ Children into Schools in Ibadan Oyo State Nigeria

2019 ◽  
pp. 1-6
Author(s):  
O. O. Oke ◽  
A. S. Adeoye
Keyword(s):  
Rural Areas ◽  
Formal Education ◽  
Sampling Technique ◽  
Well Being ◽  
School Enrollment ◽  
Living Standard ◽  
Vulnerable Children ◽  
Rural Farmers ◽  
The Government ◽  
High Level

Education is germane to liberating many people from high level of illiteracy and abject poverty. But lack of school enrollment among vulnerable children of such people living in the rural areas will further limit development, progress and the well-being they deserve. This study however was meant to assess the enrollment of rural farmers’ children into schools in Ido and Oluyole Local Government Areas, Ibadan, Oyo state. Purposive sampling technique was used for selection of the study area in the areas of Ibadan while random sampling was used to select 150 respondents from 10 communities in the 2 LGAs. Data collected were analyzed with both descriptive and inferential statistics. The result revealed that majority of the respondents (94.2%) were married, 63.3% were above 60 years, 50.8% of the respondents were Christian while 49.2% were Muslims. The result also revealed that the majority of the respondents had primary (45%) and no formal education (45%). The result also showed the enrolment levels of farmers’ children in schools that 49.2% of the respondents’ male children between the ranges of 2-4 are enrolled in schools with the highest percentage of enrolment about 59.2% of the respondents female children are enrolled in schools. More so, 43.3% of the total respondents’ children are enrolled in schools, implying low enrollment in schools due to their low standard of living and unemployment in the country as indicated by 61.7% of the respondents to be a challenge to school enrolment for their children. In conclusion, the government should come up with strategies of establishing program such as free education where rural farmers’ children can benefit from and also ensure access to loans to improve farm business of rural farmers, supplying them with input and improved varieties that will increase their yield with commensurate income to support the enrolment of their children in schools. This will encourage and support enrolment of their children in school and eventually improve their living standard in the society.

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