scholarly journals Causal Factors of Judicial Decisions Disparity on Cases of Violence Against Children

2018 ◽  
Vol 5 (5) ◽  
pp. 130
Author(s):  
Sebastianus Mantolas ◽  
Supanto Supanto ◽  
Widodo Tresno Novianto
Keyword(s):  
The State ◽  
State Court ◽  
Analytic Thinking ◽  
Causal Factors ◽  
High Court ◽  
Violence Against Children ◽  
Judicial Decisions ◽  
Court Judge ◽  
Approach Method ◽  
The Difference

Disparity Judge's verdict on crime cases of recent violent against children often happens everywhere, one of them is in Kupang High Court of East Nusa Tenggara. Justice nowadays, generally aimed at the justice holders, in this case, are more specifically aimed at the profession of judges. Then, the approach method used was Normative with analytic thinking which means departing from an event. The research showed that: the factors that are very influential on the judge's decision were the difference of law application between the judge of the state court and the high court judge, so that always appear the case of disparity. Disparity done by the judge turned out to be caused a very big problem, this is due to the judge decided freely based on their self-desire the things that will be done or not done in a verdict.

State Jurisdictional Residue: What Remains to a State Court When Its Chapter III Functions are Exhausted?

2014 ◽  
Vol 42 (1) ◽  
pp. 1-22
Author(s):  
Helen Irving
Keyword(s):  
Human Rights ◽  
State Power ◽  
Federal Court ◽  
The State ◽  
Judicial Power ◽  
State Court ◽  
High Court ◽  
Federal Jurisdiction ◽  
High Court Of Australia ◽  
Court Of Appeal

Momcilovic v The Queen (2011) 245 CLR 1 provided the first opportunity for the High Court of Australia to consider the constitutional validity of a ‘declaration of inconsistent interpretation’ made under s 36 of the Charter of Human Rights and Responsibilities Act 2006 (Vic). The Court's ruling on this point attracted attention going well beyond the rest of the case. The constitutional status of the Charter's ‘declaration’ function had long been uncertain; in addition, although the case concerned a conviction under State law, the judgment of the Victorian Court of Appeal, from which Ms Momcilovic's appeal had come to the High Court, had been exercised in federal jurisdiction. This, then, raised questions about the extent to which the State Court was jurisdictionally limited, under the Kable doctrine, by its ‘identity’ as a Ch III court: whether the declaration power could be exercised by both, either, or neither, a State or federal court. Notably, French CJ found the power valid for a State court, but invalid for a federal court. In explaining his conclusion, the Chief Justice identified what this paper calls ‘State jurisdictional residue.’ In his Honour's words, ‘there is no reason in principle why the Court of Appeal, having exhausted its functions in the exercise of its federal jurisdiction … could not proceed to exercise the distinct non-judicial power conferred upon it by’ the Charter. Further questions were then raised about the extent to which a State court, albeit exercising federal jurisdiction, remains free to exercise a ‘residual’ State power relevant to the same proceedings. This paper considers such questions. It also asks what the case might be for reconsidering Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51, particularly in light of the more recent judgment in Kirk v Industrial Court (NSW) (2010) 239 CLR 531.

scholarly journals Direitos, deveres e responsabilidade civil: uma análise da prestação do serviço público de energia elétrica através do diálogo das fontes

2017 ◽  
Vol 1 (36) ◽  
Author(s):  
Bruno Nubens Barbosa Miragem ◽  
Ítalo Bronzatti
Keyword(s):  
Public Service ◽  
Service Providers ◽  
Rio Grande ◽  
Case Law ◽  
The State ◽  
State Court ◽  
Rio Grande Do Sul ◽  
The Public ◽  
The Difference

RESUMOO presente trabalho analisa o serviço público de energia elétrica através do método do diálogo das fontes, como instrumento capaz de garantir a aplicação das normas a fim de proteger os consumidores desses serviços. Diante da pluralidade normativa que envolve o fornecimento de energia elétrica, que pode representar ameaça aos direitos dos consumidores, avalia a prestação do serviço de energia elétrica, analisando os direitos dos consumidores e os deveres dos fornecedores, no que diz respeito aos princípios protetivos: adequação, eficiência, segurança e continuidade. Por fim, analisa a responsabilidade civil dos fornecedores de serviços públicos, examinando a jurisprudência do Tribunal de Justiça do Estado do Rio Grande do Sul acerca da responsabilização das concessionárias no caso de falha na prestação dos serviços, bem como a diferença na caracterização entre caso fortuito interno e externo.ABSTRACTThis paper analyzes the public electricity service through the dialogue of sources method, as an instrument to ensure the implementation of laws in order to protect these services' consumers. Due to the normative plurality involving the supply of electricity that can represent a threat to the consumers' rights, it evaluates the provision of electricity service by analyzing consumers' rights and suppliers' duties, regarding the following protective principles: adequacy, efficiency, security and continuity. Finally, it analyzes the civil responsibilities of public service providers, examining the case law of the State Court of Rio Grande do Sul about the responsibilities of the concessionaires in case of failure in the services provided, as well as the difference between internal and external fortuity.

scholarly journals One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe's constitutional socio-economic rights

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Tinashe Kondo ◽  
Shadreck Masike ◽  
Brian Chihera ◽  
Bright Mbonderi
Keyword(s):  
Supreme Court ◽  
The State ◽  
Economic Rights ◽  
High Court ◽  
Court Judge ◽  
The Supreme Court ◽  
One Step ◽  
The Right

SUMMARY In 2013 Zimbabwe enacted a new Constitution, introducing a raft of new changes, among them, the introduction of constitutional socio-economic rights. Not soon thereafter socio-economic rights were tested in the case of Mushoriwa v City of Harare in 2014. The High Court made a finding in favour of the applicant, a decision which enforced the right to water in section 77 of the Constitution. The ruling offered the view that the water bylaws used were unconstitutional and contrary to the enabling statute. This judgment was welcomed as a 'first true test' of socio-economic rights under the 2013 Constitution. In Hove v City of Harare the High Court judge agreed with the reasoning of the Court in Mushoriwa v City of Harare that, in the event of a genuine dispute of a water bill, there should be a recourse to the courts for remedies. In 2018, however, the Supreme Court overturned the decision in the Mushoriwa case. It declared that water disconnections in terms of the water bylaw are above board. This raises questions as to the constitutional obligation to protect the right to water imposed upon all organs of the state. It is against this background that this article reviews the case of Mushoriwa and makes comments on the effects of this judgment, specifically about the enforcement of socio-economic rights in Zimbabwe. Keywords: constitutionality; right to water; Mushoriwa; socio-economic rights

Analysis of the horizontal structure of a measurement and control geodetic network based on entropy

2013 ◽  
Vol 62 (1) ◽  
pp. 23-31 ◽  
Author(s):  
Maria Mrówczyńska
Keyword(s):  
Geodetic Network ◽  
The State ◽  
Observation System ◽  
Optimum Number ◽  
Optimum Structure ◽  
Horizontal Structure ◽  
The Difference ◽  
And Control ◽  
Measurement And Control ◽  
Horizontal Displacements

Abstract The paper attempts to determine an optimum structure of a directional measurement and control network intended for investigating horizontal displacements. For this purpose it uses the notion of entropy as a logarithmical measure of probability of the state of a particular observation system. An optimum number of observations results from the difference of the entropy of the vector of parameters ΔHX̂ (x)corresponding to one extra observation. An increment of entropy interpreted as an increment of the amount of information about the state of the system determines the adoption or rejection of another extra observation to be carried out.

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.

TO THE PROBLEMS OF COMBATING CORRUPTION IN MODERN RUSSIA AND INTERNATIONAL COOPERATION IN THE FIELD OF ANTI-CORRUPTION

2020 ◽  
Author(s):  
Angela Dranishnikova
Keyword(s):  
Large Scale ◽  
The State ◽  
Point Of View ◽  
Modern Life ◽  
Existing Problems ◽  
Moral Point ◽  
Material Goods ◽  
The Russian Federation ◽  
The Difference ◽  
The Government

In the article, the author reflects the existing problems of the fight against corruption in the Russian Federation. He focuses on the opacity of the work of state bodies, leading to an increase in bribery and corruption. The topic we have chosen is socially exciting in our days, since its significance is growing on a large scale at all levels of the investigated aspect of our modern life. Democratic institutions are being jeopardized, the difference in the position of social strata of society in society’s access to material goods is growing, and the state of society is suffering from the moral point of view, citizens are losing confidence in the government, and in the top officials of the state.

Konsep Distribusi Pendapatan Dalam Islam

2016 ◽  
Vol 1 (1) ◽  
pp. 85-97
Author(s):  
Moh. Ah. Subhan ZA
Keyword(s):  
Property Rights ◽  
Social Life ◽  
Private Property ◽  
Wealth Distribution ◽  
The State ◽  
Private Property Rights ◽  
Job Opportunities ◽  
The Rich ◽  
The Difference ◽  
Distribution Of Income

The main problem of social life in the community is about how to make the allocation and distribution of income well. Inequality and poverty basically arise not because of the difference of anyone’s strength and weakness in getting livelihood, but because of inappropriate distribution mechanism. With the result that wealth treasure just turns on the rich wealthy, which is in turn, results in the rich get richer and the poor get poorer.Therefore, a discussion on distribution becomes main focus of theory of Islamic economics. Moreover, the discussion of the distribution is not only related to economic issues, but also social and political aspects. On the other side, the economic vision of Islam gives priority to the guarantee of the fulfillment of a better life. Islam emphasizes distributive justice and encloses, in its system, a program for the redistribution of wealth and prosperity, so that each individual is guaranteed with a respectable and friendly standard of living. Islam recognizes private property rights, but the private property rights must be properly distributed. The personal property is used for self and family livelihood, for investment of the working capital, so that it can provide job opportunities for others, for help of the others through zakat, infaq, and shodaqoh. In this way, the wealth not only rotates on the rich, bringing on gap in social life.The problem of wealth distribution is closely related to the welfare of society. Therefore, the state has a duty to regulate the distribution of income in order that the distribution can be fair and reaches appropriate target. The state could at least attempt it by optimizing the role of BAZ (Badan Amil Zakat) and LAZ (Lembaga Amil Zakat) which has all this time been slack. If BAZ and LAZ can be optimized, author believes that inequality and poverty over time will vanish. This is because the majority of Indonesia's population is Muslim.

Survey for Transition of Normal Reaction

2018 ◽  
Vol 5 (3) ◽  
Author(s):  
Hassan Akbari Rahimi
Keyword(s):  
Transition State ◽  
Reactive Intermediates ◽  
The State ◽  
Energy Profile ◽  
Normal Reaction ◽  
Unstable Molecules ◽  
The Difference ◽  
Bond Vibration ◽  
Unstable Molecule ◽  
Profile Diagram

Transition of reaction is a short-lived unstable molecule in a reaction which is formed in between the reaction when reactants change into products. Whereas, transition state is just the state before formation of new molecule (involves breaking of bonds of reactants and formation of new ones) Transition of reaction differs from a transition state in that the intermediate has a discrete lifetime (be it a few nanoseconds or many days), whereas a transition state lasts for just one bond vibration cycle. Intermediates may be unstable molecules (in which case they are called reactive intermediates) or highly stable molecules. The difference between them can be better described through the energy profile diagram.

scholarly journals Smoke recognition network based on dynamic characteristics

2020 ◽  
Vol 17 (3) ◽  
pp. 172988142092566
Author(s):  
Dahan Wang ◽  
Sheng Luo ◽  
Li Zhao ◽  
Xiaoming Pan ◽  
Muchou Wang ◽  
...  
Keyword(s):  
Dynamic Characteristics ◽  
State Of The Art ◽  
The State ◽  
Detection Accuracy ◽  
Static Characteristics ◽  
Good Tool ◽  
Early Signal ◽  
Fuzzy Objects ◽  
The Difference ◽  
Smoke Recognition

Fire is a fierce disaster, and smoke is the early signal of fire. Since such features as chrominance, texture, and shape of smoke are very special, a lot of methods based on these features have been developed. But these static characteristics vary widely, so there are some exceptions leading to low detection accuracy. On the other side, the motion of smoke is much more discriminating than the aforementioned features, so a time-domain neural network is proposed to extract its dynamic characteristics. This smoke recognition network has these advantages:(1) extract the spatiotemporal with the 3D filters which work on dynamic and static characteristics synchronously; (2) high accuracy, 87.31% samples being classified rightly, which is the state of the art even in a chaotic environments, and the fuzzy objects for other methods, such as haze, fog, and climbing cars, are distinguished distinctly; (3) high sensitiveness, smoke being detected averagely at the 23rd frame, which is also the state of the art, which is meaningful to alarm early fire as soon as possible; and (4) it is not been based on any hypothesis, which guarantee the method compatible. Finally, a new metric, the difference between the first frame in which smoke is detected and the first frame in which smoke happens, is proposed to compare the algorithms sensitivity in videos. The experiments confirm that the dynamic characteristics are more discriminating than the aforementioned static characteristics, and smoke recognition network is a good tool to extract compound feature.

scholarly journals Exploring the Limits of Floating-Point Resolution for Hardware-In-the-Loop Implemented with FPGAs

Electronics ◽  
2018 ◽  
Vol 7 (10) ◽  
pp. 219 ◽  
Author(s):  
Alberto Sanchez ◽  
Elías Todorovich ◽  
Angel de Castro
Keyword(s):  
The State ◽  
Floating Point ◽  
Hardware In The Loop ◽  
State Variables ◽  
Numerical Resolution ◽  
Digital Devices ◽  
State Variable ◽  
Simulation Step ◽  
Field Programmable ◽  
The Difference

As the performance of digital devices is improving, Hardware-In-the-Loop (HIL) techniques are being increasingly used. HIL systems are frequently implemented using FPGAs (Field Programmable Gate Array) as they allow faster calculations and therefore smaller simulation steps. As the simulation step is reduced, the incremental values for the state variables are reduced proportionally, increasing the difference between the current value of the state variable and its increments. This difference can lead to numerical resolution issues when both magnitudes cannot be stored simultaneously in the state variable. FPGA-based HIL systems generally use 32-bit floating-point due to hardware and timing restrictions but they may suffer from these resolution problems. This paper explores the limits of 32-bit floating-point arithmetics in the context of hardware-in-the-loop systems, and how a larger format can be used to avoid resolution problems. The consequences in terms of hardware resources and running frequency are also explored. Although the conclusions reached in this work can be applied to any digital device, they can be directly used in the field of FPGAs, where the designer can easily use custom floating-point arithmetics.

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