scholarly journals The Composition, Structure of the Superior Judicial Council of the Republic of Tunisia and the Operation Procedure of Its Agencies

2021 ◽  
Vol 1 ◽  
pp. 49-54
Author(s):  
Andrey A. Solovyev ◽  

The article is focused on a judiciary organ of the Republic of Tunisia — the Higher Magistracy Council (Supreme Judicial Council). The author dwells on the basics of the legal status of the Higher Magistracy Council of Tunisia; explores its structure, which is composed of four bodies, i.e. the Judiciary Council, the Administrative Judicial Council, the Financial Judicial Council and the General Assembly (Plenary Assembly) of the three judicial councils; contemplates the election procedure and main requirements for the prospective candidates to its organs. The main focus is as well laid on the routine of the Council, its working bodies and structural divisions.


2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.



2018 ◽  
Vol 2 (1) ◽  
pp. 104
Author(s):  
Dita Birahayu

<p>Based on Declaration of Djuanda, it declared that Indonesia maritime was defined as the entity of the Republic of Indonesia (NKRI), and thus, Indonesia is known as an archipelagic country with a very broad maritime territory directly adjacent to 10 neighboring countries. However, it poses a lot of potential maritime boundary conflict. Supported by this current advanced science, both artificial islands and coastal reclamation were being carried out. Singapore is one having a reclamation named Jurong Island, and it is very close to the territory of NKRI. As an independent country, Indonesia is attempting to protect its territory by having a diplomatic negotiation with Singapore in order to decide the legal certainty over their maritime borders, especially in east area. In addition, they need to define the legal status of that reclaimed island. Based on UNCLOS 1982 article 11 and 80, the legal status of the reclaimed island may not threaten the sovereignty of NKRI as its presence does not change the maritime territory of a country, and it has been agreed in the previous agreement.</p>



1989 ◽  
Vol 2 (2) ◽  
pp. 194-208
Author(s):  
Karin Arts

In 1966 the General Assembly of the United Nations revoked the Mandate over South West Africa (Namibia) and thus terminated South Africa's right to administer the territory. It furthermore placed Namibia under the direct responsibility of the United Nations. Administration of the territory was delegated by the General Assembly to a subsidiary organ, the UnitedNations Council for Namibia (UNCN). The author briefly describes the establishment, the structure, the functions and the powers of the Council. Special attention will be paid to questions concerning the legal status of the UNCN. Finally the major activities of the Council will be reviewed and appraised



Author(s):  
D. N. Radnaev ◽  
S. V. Petunov ◽  
D-Ts. B. Badmatsyrenov

The paper presents the results of studies of grain crops row sowing method agrotechnical indicators after the modernization of the working bodies of the SZS-2.1 seeder-cultivator. The SZS-2,1 stubble cultivator seeder has found wide application in the arid regions of the Republic of Buryatia, whose soils are prone to wind erosion. This seeder provides a combination of pre-sowing cultivation, sowing grain crops, applying mineral fertilizers to the sown rows and rolling them on stubble backgrounds, that is, in fields that have been processed since autumn with flat-cutting tools or have not been cultivated at all. Sowing with these seeders with 23 cm row spacing in a row method is the main method of sowing spring wheat in the soil conservation agriculture system. Routine sowing on soils of light texture, subject to wind erosion, causes thickening of plants in a row, which leads to irrational use of the feeding area by plants, increased weediness of crops between rows and, ultimately, to a decrease in yield. A distributor for the coulter has been developed, where the seeds are fed to the distributor. Then, reflecting from the distributor, the seeds are evenly dispersed in the opener under the plow space. Also, instead of serial wedge-shaped packer rollers, ring-spur rollers of the 3KSH-6 type are installed on the seeder. In addition, continuous rolling provides the necessary contact of seeds with the soil, preserves soil moisture and helps to attract it from the lower layers. Thus, the modernization of the SZS-2.1 seeder made it possible to substantiate subsurface-spread strip sowing with continuous rolling, which ultimately led to an increase in grain yield by 10-15%.



1952 ◽  
Vol 6 (2) ◽  
pp. 192-209 ◽  
Author(s):  
Herbert W. Briggs

The state of China — a nation of possibly 460,000,000 people — has been a Member of the United Nations since the foundation of that organization in 1945. As a Member, China is legally entitled to representation in United Nations organs unless and until, pursuant to preventive or enforcement action taken by the Security Council, the exercise of the rights and privileges of membership may be suspended by the General Assembly upon recommendation of the Security Council. The representatives of China in United Nations organs from 1945 to the present have been accredited by the National Government of the Republic of China. By the end of 1949 control over the mainland of China and over perhaps 450,000,000 people had passed from the National Government to the (communist) “Central People's Government of the People's Republic of China,” the effective control of the National Government having been reduced largely to the island of Formosa.



2021 ◽  
pp. 9-53
Author(s):  
Krystyna Wojtczak

The article considers the legal status of the voivode during the interwar period, the time of the difficult restoration of the Polish identity and the creation of the Polish state in the post-Partition lands with three separate systems of territorial division and local administration. The legal situation of the office of the voivode is closely related to the establishment of the systemic foundations of the highest Polish authorities (legislative and executive) and local administration (initially, on the territory of the former Kingdom of Poland and then on the gradually annexed former Polish territories). The author refers to both spheres of legal activity of the Polish state at that time. She discusses the primary political acts, i.e. the March Constitution (1921), the April Constitution (1935) and the Constitutional Act (1926), as well as regulations concerning county administrative authorities of the first instance, situated in the then two-tier (ministries – county offices) administrative apparatus. Attention is primarily focused on the acts directly concerning the position of the voivode, i.e. the Act of 2 August 1919, the Regulation of the President of the Republic of 19 January 1928, and executive acts issued on the basis of these, and against whose background the importance of the legal institution of the voivode is presented: during the time of attempts to unify the administrative system (1918–1928), and in the period of changes leading to a uniform organisational structure of voivodship administrative authorities (1928–1939). The analysis makes it possible to state that successive legal conditions strengthened the political position of the voivode. In both periods covered by the analysis, the voivode was a representative of the government (with broader competences in 1928–1939), the executor of orders from individual ministers, the head of state and local government authorities and offices (1918–1928), the head of general administrative bodies subordinate to him, and the supervisory body over local government (1928–1939). The position of the voivode in the interwar period was unquestionably very strong.



Author(s):  
Andrey Irkliienko

he Constitutional Council of France is a body of constitutional control established by the Constitution of 1958. The ConstitutionalCouncil is not the only body that carries out the control over constitutionality. The peculiarity of constitutional control in France consistsin the fact that it has a dual nature and goes beyond well-known models of constitutional control. The constitutionality of acts, issuedby the Parliament, is considered by the Constitutional Council, and after the executive bodies do that, it is passed on to the State Council.Despite the fact that the Constitutional Council is not nominated by a court, its decisions, by their essence, are judicial acts and,likewise the decisions of the Constitutional Court of Ukraine, are endowed with the property of binding force. They are obligatory forall administrative and judicial bodies and are not subjected to revision (the Paragraph 3 of the Article 62 of the French Constitution).However, it should be taken into account that in addition to binding decisions, the Constitutional Council “expresses opinions” that areadvisory in their nature.In addition to carrying out constitutional control, the Constitutional Council has a number of other functions, such as political,advisory and acts as a court to assess the results of elections of deputies to the National Assembly and the Senate, and elections of thePresident of the Republic. Perhaps that is why the Constitutional Council classifies its decisions due to the types of its own powers.Herewith, the noted specific peculiarities are denoted by the Constitutional Council with the help of fixed letter combinations, which are included in the numbers of decision: REF, enacted on referendum issues; ORGA, enacted on issues of the organization of the Cons -titutional Council, etc.Since, despite all the diversity of functions of the Constitutional Council of France, therefore, its main purpose remains the cons -titutional control. Therefore, using the criterion of powers, under which decisions are made, in terms of initial graduation one shouldpoint out the decisions on issues, which are connected with providing compliance of the Constitution with regulatory acts (assuring thepriority of the Constitution), and decisions passed while carrying out other powers.Decisions of the Constitutional Council outstand with being formal and brief. A decision can take literally a few paragraphs. Themost frequently, the Constitutional Council merely refers to a constitutional norm or is limited to the phrase “these provisions do notcontradict the Constitution”, giving guidance and justifying its position in the least.



Sociologija ◽  
2021 ◽  
Vol 63 (1) ◽  
pp. 72-95
Author(s):  
Smiljana Milinkov ◽  
Dinko Gruhonjic

The paper problematizes the presence of political clientelism in the media in the Republic of Serbia. The aim of this research is to point out the examples of establishing mechanisms of clientelistic practice in the media, using the News agency Tanjug as an example. Three analytical categories, which are relevant for perceiving the problem of clientelism, have been included: regulatory framework, financial allocations from the state budget and the reporting of the news agency Tanjug. The results of the research show that the illegal functioning, the unsolved ownership issue, non-transparent financing and unprofessional reporting are characteristics of the media work of Tanjug agency. According to the law, the former state agency was scheduled to stop work by the end of 2015. However, Tanjug still, with unclear legal status and significant financial help from the state, publishes information, some of which were proven to be disinformation. The analysis of examples of unobjective and unprofessional reporting points out to the ignoring of public interest, in order to satisfy the particular interest of the governing political structure, which financially makes Tanjug?s functioning possible, in an illegal manner. This case represents a closed circle of interrelationships on the relation politics-economy-media, through which clientelism is defined, using quid pro quo practice.



2017 ◽  
pp. 135-149
Author(s):  
Celina M. Masek

Since the beginning of the 90’s there have been strong emotions associated with the emergence of many groups called cults in Poland. These groups are accused of illicit and unethical methods to recruit new members and their psychological dependence, resulting in blind obedience to leaders. Sects, carrying out their activities in the form of various types of religious formations, religious associations, churches and other religious organizations, brought to life after 1989 in Poland, operate on the basis of three acts, which include: 1. The Constitution of the Republic of Poland of 2 April 1997 ; 2. The Act on Guarantees of freedom of conscience and religion of 17 May 1989; 3. Act of April 7, 1989 r.- Law on Associations. Given the range of opinions and concerns regarding the issue of regulation of sects in Poland this question , posed in particular by the lawyer, of the legal status of the activities of religious sects , and in a broader aspect of their place in the modern world, seems to be reasonable, what is confirmed by the media , but mostly by the facts of the activities of these groups in society. As for the international standards, nowadays there are more and more information about the negative effects of the activity of sects throughout the world, what raised interest of social institutions and the authorities of individual countries in this subject. It encouraged the authorities to create an overall analysis to assess the degree of harmfulness of newly established movements, both in a national and international level. Especially in the late eighties of the twentieth century all kinds of reports and other documents devoted to the problem of sects and new religious movements began to appear. The theme was taken also by the representatives of Communities: Council of Europe, the European Union, as well as organs of the Organization for Security and Cooperation in Europe. These acts are only recommendations. They are mainly opinion- forming acts and have no legal force. However, in countries, they are crucial, because they are issued by important authorities To sum up, the activity of sects arouses interest in Europe. Although each country has different guidelines and varied range of impact, collaboration is indispensable nowadays.



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