scholarly journals A efetividade do Mandado de Injunção: investigação empírica sobre as decisões do Supremo Tribunal Federal e seus impactos na legislação

2021 ◽  
Author(s):  
Henrique Augusto Figueiredo Fulgêncio ◽  
Alexandre Araújo Costa
Keyword(s):  
Statistical Analysis ◽  
Supreme Court ◽  
The State ◽  
The Other ◽  
Observational Research ◽  
Primary Data ◽  
Judicial Activism ◽  
Public Servants ◽  
Other Hand ◽  
Federal Supreme

Resumo: O artigo versa sobre o mandado de injunção (MI), ação instituída para combater a inconstitucionalidade por omissão do Estado. Objetivou-se avaliar os resultados produzidos pelos MIs julgados procedentes pelo Supremo Tribunal Federal (STF) até 05/10/2019, de modo a identificar quantas e quais normas constitucionais foram regulamentadas em cumprimento às decisões neles proferidas e averiguar se o instituto é especialmente efetivo para os servidores públicos. O estudo considera, ainda, a modificação jurisprudencial que permitiu ao STF suprir omissões legislativas, apontada como responsável por solucionar a situação de inefetividade até então observada acerca do instituto. Trata-se de pesquisa quantitativa, censitária e observacional, desenvolvida mediante coleta de dados primários disponibilizados pelo STF. A análise dos dados relativos aos MIs envolveu seu cruzamento com informações concernentes às normas editadas em cumprimento às decisões proferidas nesses processos. Como resultado, observou-se a baixa efetividade do MI tanto em relação aos direitos de servidores, quanto aos demais direitos, situação que persistiu após a alteração jurisprudencial mencionada, a qual ensejou, por outro lado, o desempenho de um ativismo judicial bastante seletivo pelo STF.Palavras-chave: Mandado de Injunção, Supremo Tribunal Federal, análise estatística, decisões de procedência, servidores públicos. Abstract: The article deals with the writ of injunction (WI), an action instituted to combat unconstitutionality by omission of the State. Its objective was to evaluate the results produced by the WIs whose requests were granted by the Federal Supreme Court (FSC) until 10/05/2019, in order to identify how many and which constitutional norms were regulated in compliance with the decisions handed down and to verify if the institute is especially effective for public servants. The study also considers the jurisprudential modification that allowed the FSC to remedy legislative omissions, which was identified as responsible for resolving the situation of ineffectiveness hitherto observed regarding the institute. It is a quantitative, census-based and observational research developed through the collection of primary data provided by the FSC. The analysis of the data related to the WIs involved their crossing with information concerning the rules issued in compliance with the decisions rendered in these processes. As a result, the low effectiveness of the WI was observed both in relation to the rights of servants and other rights, a situation that persisted after the mentioned jurisprudential change, which, on the other hand, resulted in the performance of a very selective judicial activism by the FSC.Keywords: Writ of Injunction, Federal Supreme Court, statistical analysis, decisions of granting the requests, public servants.

The Principles of Zakat and Tax Upon the Time of Rasulullah SAW.

2017 ◽  
Vol 1 (1) ◽  
pp. 90
Author(s):  
Dian Septiandani ◽  
Abd. Shomad
Keyword(s):  
Literature Review ◽  
Economic Thought ◽  
The State ◽  
The Other ◽  
Primary Data ◽  
Other Hand ◽  
Islamic Economic ◽  
General Expense

Zakat is one of principal worship requiring every individual (<em>mukallaf</em>) with considerable property to spend some of the wealth for zakat under several conditions applied within. On the other hand, tax is an obligation assigned to taxpayers and should be deposited into the state based on policies applied, with no direct return as reward, for financing the national general expense. In their development, both zakat and tax had quite attention from Islamic economic thought. Nevertheless, we, at first, wanted to identify the principles of zakat and tax at the time of Rasulullah SAW. Therefore, this study referred to normative research. The primary data was collected through library/document research and the secondary one was collected through literature review by inventorying and collecting textbooks and other documents related to the studied issue.

scholarly journals Academic Dishonesty: Methods and the Influence of Psychological Gender

2019 ◽  
Vol 8 (2S9) ◽  
pp. 578-584
Keyword(s):  
Regression Analysis ◽  
Statistical Analysis ◽  
Academic Dishonesty ◽  
The Other ◽  
Primary Data ◽  
Cheating Behavior ◽  
Assignment Completion ◽  
Other Hand ◽  
Psychological Gender ◽  
The Impact

The research seeks to investigate students rating of various forms of academic dishonesty and also examined the impact of psychological gender on cheating behavior among undergraduates in a Malaysian university. Primary data were sourced through the distribution of 363 questionnaires. Statistical analysis of the data revealed that the following cheating techniques have widely used them a. Using published materials without reference, copying the assignments, using unfair means for presenting data, getting unauthorized help for assignment completion and presenting others work. On the other hand, regression analysis on the psychological gender revealed that the instrumental traits tend to influence male to engage in academic dishonesty.

Knowledge which Reached a High Degree of Probability

1967 ◽  
Vol 2 (1) ◽  
pp. 18-34 ◽  
Author(s):  
D. Bein
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Other Hand ◽  
The Law ◽  
High Degree

In the decisions of the Israel Supreme Court delivered since the establishment of the State, one sometimes comes across the express or implied statement of the rule that: “the knowledge possessed by the accused at the time of the act that his conduct would lead to a consequence which the legislature desired to prevent, is by a construction of the law regarded as intention to bring about this consequence. ‘Knowledge’ in this context does not necessarily mean ‘full and certain’ knowledge that this consequence is inevitable but on the other hand it must be knowledge which reached a high degree of probability.”The object of this article is to clarify a few aspects of this rule (which, for the sake of brevity, will be referred to as the rule of “constructive intention”).

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo
Keyword(s):  
Supreme Court ◽  
Basic Principle ◽  
Civil Law ◽  
The Other ◽  
District Court ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Law Courts ◽  
Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Sipho Stephen Nkosi
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Eastern Cape ◽  
High Court ◽  
Nelson Mandela ◽  
The Supreme Court ◽  
Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

“A Study on the Influence of Rewards on Job Satisfaction With Special Reference to Education Industry in Oman”

2019 ◽  
Vol 118 (1) ◽  
pp. 114-124
Author(s):  
Mrs Nithya Sambamoorthy ◽  
Mr Subhash Kodiyil Raman ◽  
Mr Bhraguram Thayyil
Keyword(s):  
Job Satisfaction ◽  
Special Reference ◽  
Secondary Data ◽  
The Other ◽  
Primary Data ◽  
Other Hand ◽  
Education Industry ◽  
College Of Technology ◽  
Main Factors ◽  
Structured Questionnaire

This research is an examination and a study on the influence of rewards on job satisfaction of lecturers at Shinas College of Technology (ShCT). In academic industry, rewards are one of the factors that affecting job satisfaction of the employees and this will lead to affect their performance in their jobs. So, when rewards are more the job satisfaction will be high and when rewards are less the job satisfaction will be less. On the other hand, the age will not affect the job satisfaction. Previous research reveals that Job satisfaction is very important to success the industry and the rewards are the main factors which affect job satisfaction. The main purpose of this study is to know the influence of rewards in job satisfaction among the lecturers in ShCT. Moreover, this research attempts to identify how much rewards affect the job satisfaction in ShCT.  For this study used two types of data which are: primary data and secondary data. The sources of primary data is the response from lecturers at ShCT. It is collected through structured questionnaire and distributed such to 60 respondents. Secondary data, collected from internet, books, journals, articles etc.

scholarly journals Problems of Pathogenesis and Pathogenetic Therapy of COVID-19 from the Perspective of the General Theory of Pathological Systems (General Pathological Processes)

2021 ◽  
Vol 22 (14) ◽  
pp. 7582
Author(s):  
Evgenii Gusev ◽  
Alexey Sarapultsev ◽  
Desheng Hu ◽  
Valeriy Chereshnev
Keyword(s):  
Systemic Inflammation ◽  
Pathological Process ◽  
The State ◽  
The Other ◽  
Low Grade ◽  
Metabolic Dysfunction ◽  
The Metabolic Syndrome ◽  
Other Hand ◽  
Pathogenetic Therapy ◽  
Fundamental Medicine

The COVID-19 pandemic examines not only the state of actual health care but also the state of fundamental medicine in various countries. Pro-inflammatory processes extend far beyond the classical concepts of inflammation. They manifest themselves in a variety of ways, beginning with extreme physiology, then allostasis at low-grade inflammation, and finally the shockogenic phenomenon of “inflammatory systemic microcirculation”. The pathogenetic core of critical situations, including COVID-19, is this phenomenon. Microcirculatory abnormalities, on the other hand, lie at the heart of a specific type of general pathological process known as systemic inflammation (SI). Systemic inflammatory response, cytokine release, cytokine storm, and thrombo-inflammatory syndrome are all terms that refer to different aspects of SI. As a result, the metabolic syndrome model does not adequately reflect the pathophysiology of persistent low-grade systemic inflammation (ChSLGI). Diseases associated with ChSLGI, on the other hand, are risk factors for a severe COVID-19 course. The review examines the role of hypoxia, metabolic dysfunction, scavenger receptors, and pattern-recognition receptors, as well as the processes of the hemophagocytic syndrome, in the systemic alteration and development of SI in COVID-19.

Scribes, Cooks, and Artisans: Breaking Zhou Tradition

Early China ◽  
1995 ◽  
Vol 20 ◽  
pp. 241-277 ◽  
Author(s):  
Constance A. Cook
Keyword(s):  
The State ◽  
The Other ◽  
Political Control ◽  
Other Hand ◽  
Bronze Vessels ◽  
Western Zhou ◽  
The Creation ◽  
Bronze Inscriptions ◽  
Eastern Zhou

Bronze Inscriptions of the Western Zhou period show how ritualists were once dedicated to maintaining the ritual apparatus supporting the divine authority of the royal Zhou lineage. Bronze and bamboo texts of the Eastern Zhou period reveal, on the other hand, that ritualists able to manipulate local rulers reliant on their knowledge subsequently subverted power into their own hands. Ritualists such as scribes, cooks, and artisans were involved in the transmission of Zhou “power” through the creation and use of inscribed bronze vessels during feasts. The expansion and bureaucratization of their roles in the Chu state provided economic and ultimately political control of the state. This was particularly the case as the Chu, like the Zhou before them, fled east to escape western invaders.

The Politics and Symbolism of the #ThisFlag in Zimbabwe

2020 ◽  
Vol 42 (1) ◽  
Author(s):  
Tinashe Mawere
Keyword(s):  
State Power ◽  
The State ◽  
The Other ◽  
Productive Capacity ◽  
Discursive Analysis ◽  
Other Hand ◽  
Symbolic Meanings ◽  
Dominant Discourses ◽  
National Flag ◽  
Cultural Tools

In the context of the hashtag movement #ThisFlag, this paper examines the sensual affects drawn from flag symbolism and why the Zimbabwean flag is policed by the state. It uses the symbolism and politics of the hashtag movements by focusing on Evan Mawarire’s national lament and the Zimbabwean flag. It employs a literary and discursive analysis of Mawarire’s lament using desktop research on the contestations surrounding the flag. It shows that in dominant nationalist discourses, the flag is imaged as the land/nation and feminised to warrant it utmost respect, protection, sanctity and re/productive capacity. On the other hand, the #ThisFlag has made use of the flag to resist and subvert grand and naturalised dominant discourses of nationalism and citizenship to foster new imagi/nations of the nation. The use of the flag by the movement provoked ZANU-PF’s ownership of the national flag, which is quite similar to and has been drawn from the flag of the party, hence the movement was challenging the identity of the party, its ownership and its relevance. The paper shows the fluidity of symbols and symbolic meanings and why #ThisFlag had symbolic radical power and the possibilities of using the state’s and ZANU-PF’s cultural tools to challenge ZANU-PF’s hold on national knowledge and power. It contributes to our understanding of both state-power retention and how subaltern voices can uncover the agency of subjects within the very instruments of control incessantly used by dominant regimes.

scholarly journals Plaque removal by manual and electric toothbrushing among children

2001 ◽  
Vol 15 (4) ◽  
pp. 296-301 ◽  
Author(s):  
Carolina Covolo da COSTA ◽  
Luiz Cesar da COSTA FILHO ◽  
Marina Lara SÓRIA ◽  
Ana Paula Rorato MAINARDI
Keyword(s):  
Statistical Analysis ◽  
Primary Dentition ◽  
The Other ◽  
Mixed Dentition ◽  
Plaque Removal ◽  
Other Hand ◽  
Electric Toothbrush ◽  
Plaque Control ◽  
First Session

The purpose of this study was to compare the effectiveness of plaque control performed with electric and manual toothbrushes. Fifteen children with primary dentition and 14 children with mixed dentition were divided in two groups and randomly assigned to utilize a manual or an electric toothbrush. In the first session, professional plaque removal was performed, and the children spent 24 hours without brushing their teeth. In the second session, plaque was disclosed and assessed on all facial and lingual surfaces. After that, all children brushed their teeth with the predetermined toothbrush. The next procedure was the disclosure and measurement of residual plaque. After a period of 7 days, the children switched the kind of toothbrush, and the same procedures were repeated. According to the statistical analysis of the results, there were no significant differences concerning plaque removal when the toothbrushes were utilized by children with mixed dentition. On the other hand, the electric toothbrush promoted significantly greater plaque removal on the lingual surfaces of teeth from children with primary dentition.

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