scholarly journals Legitimation in the Context of the Mechanism of Self-Regulation of Law(for Example, the Law of Public Status of a Citizen)

2018 ◽  
Vol 5 (2) ◽  
pp. 110-117
Author(s):  
E M Krupenya
Keyword(s):  
Self Regulation ◽  
Public Law ◽  
Regulation Mechanism ◽  
Public Status ◽  
Regulatory Complex ◽  
Psychological Mechanism ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
Legal Understanding

In the article the phenomenon of legitimization is investigated in the context of the law self-regulation mechanism. According to the author, he is the first and basic level of the social and psychological mechanism of the law, ensuring its effective functioning in the society (reality). The methodological basis of such ref lection is chosen by the type of doctrinal worldview (legal understanding), which interprets it as a regulatory complex with a complex ontological structure: normative and psychological-value. For such a regulatory complex as the right through is the subject of the subject, and the unique subjective reality of the person, its structures, their states.This approach in the analysis of the phenomenon of legitimization law-the process of giving the right of its strength, the establishment of its authority and prestige through recognition, which is the reason for the legitimacy of the law, causes it to life, determines, produces this ontological the property allows, first, the problematize of the subject itself and the interaction of the subjects in the process of the right; secondly, take into account in the analysis that legitimation manifests itself in mass practices of legitimate behavior of the subjects, the motivational sphere of which includes the metaphysical-value bases of the right; third, to analyze the modern interpretations of the legal consciousness in the structures of which the image of the actor is formed, exposing the criticism established in the scientific discourse opinion about the «purity» rational in the structure of the consciousness and its isolation from others. Elements of the psyche, in particular from the unconscious components (on the example of suggestion). The theoretical aspects of the topic of legitimation in the context of the self-regulation mechanism of the law acquire heuristic appeal, due to the access to the material of public law branches and research of social-legal phenomenon status public law in the national legal system.

scholarly journals Dualism of Public Relations Regulation (Legal and Regulatory Regulation)

2021 ◽  
pp. 7-16
Author(s):  
V. F. Popondopoulo ◽  
Keyword(s):  
Public Relations ◽  
Power Relations ◽  
Self Regulation ◽  
Public Law ◽  
Regulatory Regime ◽  
Private And Public ◽  
The Law ◽  
Legal Forms ◽  
The Right

The article examines the issues of differentiation of the regulation of public relations, defined primarily by the differentiation of public relations, and then inherent in their legal forms (based on self-regulation) and external regulatory forms (based on power regulations). The need to renounce the traditional differentiation of the right to industry, including its division into so-called private and public law, is justified because it reflects external forms of expression of law, i.e. differentiation of legislation governing a variety of public relations, divided into private and public relations. The notion of dualism (pluralism) of the law must be replaced (or at least interpreted) with the notion of dualism of the regulation of public relations, meaning legal and regulatory regulation, with all the ensuing consequences. Such an approach implies the need to clarify the entire terminology range of jurisprudence. This article discusses issues such as the legal and regulatory regime (mechanism) of public relations regulation, legal and regulatory principles for regulating public relations, legal and regulatory legal facts, as circumstances that are the basis for the emergence, change and termination of legal relations and power relations.

Governing Fake News: The Regulation of Social Media and the Right to Freedom of Expression in the Era of Emergency

2021 ◽  
pp. 1-41
Author(s):  
Donato VESE
Keyword(s):  
Social Media ◽  
Freedom Of Expression ◽  
Self Regulation ◽  
Public Law ◽  
Fake News ◽  
Human Right ◽  
Social Media Platforms ◽  
Definition Of ◽  
The Right ◽  
Media Censorship

Governments around the world are strictly regulating information on social media in the interests of addressing fake news. There is, however, a risk that the uncontrolled spread of information could increase the adverse effects of the COVID-19 health emergency through the influence of false and misleading news. Yet governments may well use health emergency regulation as a pretext for implementing draconian restrictions on the right to freedom of expression, as well as increasing social media censorship (ie chilling effects). This article seeks to challenge the stringent legislative and administrative measures governments have recently put in place in order to analyse their negative implications for the right to freedom of expression and to suggest different regulatory approaches in the context of public law. These controversial government policies are discussed in order to clarify why freedom of expression cannot be allowed to be jeopardised in the process of trying to manage fake news. Firstly, an analysis of the legal definition of fake news in academia is presented in order to establish the essential characteristics of the phenomenon (Section II). Secondly, the legislative and administrative measures implemented by governments at both international (Section III) and European Union (EU) levels (Section IV) are assessed, showing how they may undermine a core human right by curtailing freedom of expression. Then, starting from the premise of social media as a “watchdog” of democracy and moving on to the contention that fake news is a phenomenon of “mature” democracy, the article argues that public law already protects freedom of expression and ensures its effectiveness at the international and EU levels through some fundamental rules (Section V). There follows a discussion of the key regulatory approaches, and, as alternatives to government intervention, self-regulation and especially empowering users are proposed as strategies to effectively manage fake news by mitigating the risks of undue interference by regulators in the right to freedom of expression (Section VI). The article concludes by offering some remarks on the proposed solution and in particular by recommending the implementation of reliability ratings on social media platforms (Section VII).

scholarly journals Guilty of using Google: Reconciling the right to a fair trial with the right to freedom of expression and addressing juror misconduct in the age of social media

2021 ◽  
Author(s):  
◽  
Emma Jane Smith
Keyword(s):  
Social Media ◽  
Legal System ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
Communications Technology ◽  
Independent Research ◽  
The Subject ◽  
The Law ◽  
The Right

<p>It is widely accepted that the right to a fair trial is one of the most important guarantees contained within our legal system. That right is undermined when a jury member conducts his or her own research into a case. This type of juror misconduct constitutes contempt of court. In the light of the fact that the law of contempt is currently the subject of review in a number of jurisdictions, this paper considers how the law of contempt could be adapted to better manage the risk of jurors undertaking independent research. After a discussion of the current law and some problems with it, particularly those created by modern communications technology, this paper considers a number of possible reform options. It makes two broad recommendations. First, that the law should focus relatively more on preventing jurors undertaking their own research than on limiting publication. Second, that independent research by jurors should be the subject of statutory criminalisation, and a range of measures should be adopted to increase jurors’ understanding of the importance of not going outside the evidence before them and to minimize any incentives for jurors to conduct their own research.</p>

scholarly journals Feu la D.C.D. L'arrêt Miller et la peine de mort

2005 ◽  
Vol 18 (2-3) ◽  
pp. 567-576
Author(s):  
Henri Brun
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Supreme Court Of Canada ◽  
Bill Of Rights ◽  
Right To Life ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
First Time

The Miller case, decided by the Supreme Court of Canada on October 5, 1976, puts the death penalty under the light of the Canadian Bill of Rights which formulates the right to life and the right to protection against cruel and unusual treatment or punishment. The following comment on the case relates to the interpretation given specific clauses of the Bill of Rights by the Court on that occasion. But it stresses especially the law that flows from the case about the compelling weight of the Bill of Rights over acts of Parliament enacted after the Bill came into force. In Miller, the Supreme Court expressed itself on the subject for the first time.

Public Law

2020 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Public Law ◽  
Political Context ◽  
Legal Issues ◽  
Executive Power ◽  
The Subject ◽  
Key Topics ◽  
The Law

Public Law is an advanced text that comprehensively covers the key topics in the field of public law. The book presents an analysis of the law and institutions of public law, and places the legal issues within the wider socio-political context within which the constitution operates. Three key themes that permeate the content allow readers to approach the subject in a structured way. The key themes are the significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account, the shift in recent times from a political to a more legal constitution and the implications of this change, and the increasingly ‘multilayered’ character of the British constitution.

scholarly journals URGENSI PEMBENTUKAN UNDANG-UNDANG HAK ANGKET DPR RI (THE URGENCY OF MAKING THE LAW ON THE RIGHT OF INQUIRY OF THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA)

2017 ◽  
Vol 8 (2) ◽  
pp. 177-194
Author(s):  
Novianto Murthi Hantoro
Keyword(s):  
Judicial Review ◽  
House Of Representatives ◽  
Constitutional Court ◽  
Current Regulation ◽  
Presidential System ◽  
Subject And Object ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
The Right

Prior to the decision of the Constitutional Court (MK), the implementation of the right to inquiry was regulated in two laws, namely Law No. 6 of 1954 on the Establishment of the Rights of Inquiry of the House of Representatives (DPR) and Law No. 27 of 2009 on MPR, DPR, DPD, and DPRD. Through proposal for judicial review, MK decided the Law on the Rights of Inquiry was null and void because it was not in accordance with the presidential system adopted in the 1945 Constitution. Today, the exercise of the right of inquiry is only based on Law on MPR, DPR, DPD, and DPRD. Nonetheless, the Amendment of Law No. 27 of 2009 into Law No. 17 of 2014 could not accommodate some substances of the null and void Law on the Rights of Inquiry. The urgency of the formulation of the law on the right to inquiry, other than to carry out the Constitutional Court’s decision; are to close the justice gap of the current regulation; to avoid multi-interpretation of the norm, for example on the subject and object of the right of inquiry; and to execute the mandate of Article 20A paragraph (4) of the 1945 Constitution. The regulation on the right to inquiry shall be formulated separately from the Law on MPR, DPR, DPD and DPRD, with at least several substances to be discussed, namely: definition, mechanisms, and procedure, as well as examination of witnesses, expert, and documents. AbstrakSebelum adanya putusan Mahkamah Konstitusi (MK), pelaksanaan hak angket diatur dalam dua undang-undang, yaitu Undang-Undang Nomor 6 Tahun 1954 tentang Penetapan Hak Angket DPR (UU Angket) dan Undang-Undang Nomor 27 Tahun 2009 tentang Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, dan Dewan Perwakilan Rakyat Daerah (UU MPR, DPR, DPD, dan DPRD). Melalui permohonan pengujian undang-undang, MK membatalkan keberlakuan UU Angket karena sudah tidak sesuai dengan sistem presidensial yang dianut dalam UUD 1945. Pelaksanaan hak angket saat ini hanya berdasarkan UU MPR, DPR, DPD, dan DPRD. Penggantian UU No. 27 Tahun 2009 menjadi UU No. 17 Tahun 2014 tentang MPR, DPR, DPD, dan DPRD ternyata tidak mengakomodasi beberapa substansi UU Angket yang telah dibatalkan. Berdasarkan hal tersebut, terdapat urgensi untuk membentuk Undang-Undang tentang Hak Angket DPR RI. Urgensi tersebut, selain sebagai tindak lanjut putusan MK, juga untuk menutup celah kekosongan hukum pada pengaturan saat ini dan untuk menghindari multi-interpretasi norma, misalnya terhadap subjek dan objek hak angket. Pengaturan mengenai hak angket perlu diatur di dalam undang-undang yang terpisah dari UU MPR, DPR, DPD, dan DPRD, dengan materi muatan yang berisi tentang pengertian-pengertian, mekanisme, dan hukum acara. Pembentukan Undang-Undang tentang Hak Angket diperlukan guna memenuhi amanat Pasal 20A ayat (4) UUD 1945.

scholarly journals Functions of legal consciousness

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 414-418
Author(s):  
Sergey Valentinovich Arkhipov ◽  
Svetlana Aleksandrovna Gorkina ◽  
Stanislav Ivanovich Kirillov ◽  
Alexandra Andreevna Orlova ◽  
Irina Yurievna Rozhkova
Keyword(s):  
Comprehensive Analysis ◽  
Legal Consciousness ◽  
Moral Content ◽  
The Subject ◽  
The Law ◽  
The Right

The article discusses the features and various aspects of the philosophical, legal, socio-political, and moral content of the functions of legal consciousness. Based on a comprehensive analysis of these phenomena, the author substantiates the opinion that, in general, the essential functions of legal consciousness accumulate, generalize and concentrate the content and goals of the implementation of the law, as well as the forms and methods of this activity. Therewith, a function is not just a potential, abstract possibility, but also the very activity of the subject of the implementation of the right, subject to specific goals that are objectively conditioned and aimed at achieving a certain result.

scholarly journals Charakter prawny ograniczeń sposobu korzystania z nieruchomości w związku z ochroną zasobów środowiska – refleksje na temat art. 129 Prawa ochrony środowiska

2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 185-198
Author(s):  
Sławomir Pawłowski
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Environmental Law ◽  
Public Law ◽  
Environmental Resources ◽  
Legal Nature ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Right Of Property

The subject of the discussion is the legal nature of restrictions on the use of real estate in relation to the protection of environmental resources. Art. 129 of Environmental Law can have the effect that the use of a property or its part is impossible or substantially reduced. In doctrine, the dominant view is that such public-law interference in the right of property assumes the form of restriction referred to in Art. 64, par. 3 of the Constitution of the Republic of Poland. Another interpretation is also possible. Since the depth of the interference with property rights can lead to the effect that this property will become, as the Ombudsman has pointed out recently, “useless” to the owner, it would be reasonable to consider whether or not such property is de facto being expropriated. In such a case, the standard of constitutional control would be Art. 21, sec. 2.

scholarly journals SEX TANPA NIKAH: Dilema Hukum Positif dan Moralitas Bangsa

AKADEMIKA ◽  
2020 ◽  
Vol 13 (02) ◽  
Author(s):  
Achmad Fageh
Keyword(s):  
Criminal Law ◽  
Penal Code ◽  
Front Door ◽  
Positive Law ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
Local Cultures

Abstract: Efforts to bring together the synergity of positive legal products and the value of morality of the nation as the wisdom of local cultures to-Indonesiaan needs the seriousness of various parties. Specifically, the provisions of the law governing adultery that truly reflect the aspirations and values that live in the community and are moral mirroring, are indispensable to the attention of many other aspects that Need to also note. While awaiting its realization, the author considers it to be no longer the time when all parties excuse that the freedom and privacy of a person in the sex field is ' closed ' to the law, so that the criminal law stops at the front door of the room. Therefore, maintaining the notion of adultery according to the PENAL code (which is now in force), is the same by validating the sofsion of the values of goodness that live in society. Do we have to be flashed and want to keep that detrimental ' privacy '? Do we still have to ' endure ' by skipping.The formulation of TP fornication in the RUU KUHP has a wider scope than arranged in the KUHP. This is reflected in article 417 and article 419 RUU KUHP, which arranges about the deed of intercourse with a person who is not a husband or his or his/her "collect Kebo" act. Controversy appear as the Delik fornication arranged in both of the article is a complaints delics (still equal to the Delik fornication in article 284 KUHP). The fornication act is not changed to a common delics that can be reported by anyone who knows the deeds. From the subject side, the right to complain has been expanded in a RUU KUHP, which can be complained by a husband, wife, parent, or child.Keywords: Free sec, positive law, national morality

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