scholarly journals IMPERATOR CONTRA PRAEDONES UWAGI O „NIEKONSTYTUCYJNOŚCI” LEX GABINIA

2017 ◽  
Vol 6 (2) ◽  
pp. 43
Author(s):  
Anna Tarwacka
Keyword(s):  
Mediterranean Area ◽  
Long Time ◽  
The Mediterranean ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
First Time

Imperator contra praedones Some Remarks on the Illegality of the lex GabiniaSummaryIn 67 BC Aulus Gabinius, a tribunus plebis, proposed a law appointing an imperator to deal with the pirates of the Mediterranean area. The law was passed as lex Gabinia de uno imperatore contra praedones constituendo and the senate was asked to choose the right candidate. The only possible choice was Gnaeus Pompeius Magnus, the most talented and famous general of the time. The senators opposed so violently that Gabinius was almost killed. Thus, another assembly was called which appointed Pompey to the task. His campaign against the pirates was amazingly fast and successful.There are several reasons for treating this case as a deviation from the republican constitution. Firstly, the imperium was given for a period of three years which was unusually long time for an extraordinary command. Secondly, the general was given power on the whole Mediterranean area, equal to this of the provincial governors. Thirdly, he could choose his own legati which was a case unknown to the republican system. Moreover, it was the first time when an extraordinary command was given by the concilia plebis regardless the senatorial opposition.The case of lex Gabinia was one of Pompey’s numerous victories over the republic. Notwithstanding, he managed to persuade everyone to picture himself as a hero and defender o f the republic.

IN NOVUM RESTRICTION IN LITHUANIAN CIVIL PROCEDURE LAW

2021 ◽  
Vol 11 (5) ◽  
pp. 260-275
Author(s):  
V. NEKROŠIUS
Keyword(s):  
Case Law ◽  
Civil Procedure ◽  
Daily Work ◽  
Civil Proceedings ◽  
Long Time ◽  
The Law ◽  
The Republic ◽  
Grand Duchy Of Lithuania ◽  
The Right ◽  
Court Of First Instance

This article examines a relatively new institute of Lithuanian civil proceedings – legal restrictions on the late submission of evidence in both first instance and appellate courts. These restrictions were first established in the new Civil Procedure Code (CPC) which was adopted by Seimas of the Republic of Lithuania on 28 February 2002 (entered into force on 1 January 2003). Until then such restrictions in Lithuanian civil procedure law were not known from the time of famous Statutes of the Grand Duchy of Lithuania. Therefore, it seems natural that this innovation has paved the way for its real application in the courts for more than a decade. This article provides a consistent analysis of the case law (starting with the rulings of the Supreme Court of Lithuania in which the restrictions established in the law were practically denied, and up to the rulings of the last year, which already recognized the right of the courts in certain cases to refuse to accept evidence which was submitted too late). This article also reveals the aims of the CPC authors which were aimed at establishing the first instance court’s right to refuse to accept evidence which was submitted too late and system of limited appeal which establishes a general prohibition (with certain exceptions) to present evidence that was not examined in the court of first instance. One of the most important aims is the concentration of the proceedings, the prevention of abuse of procedural rights and the establishment of the first instance as the main judicial instance. The appeal procedure in the new CPC is already regarded not as a repetition or continuation of the proceedings at first instance, but as a review of the legality and validity of an existing, albeit unenforced, decision of the court of first instance. The author acknowledges that although it took a long time for the relevant provisions of the law to be actually applied in the case law, today their application is already noticeable in the daily work of courts. This leads to the conclusion that Lithuanian courts have adapted to the new CPC system and its philosophy.

scholarly journals The Property Rights of the Author according to the Law on Copyright and Related Rights of the Republic of Kosovo

2015 ◽  
Vol 5 (2) ◽  
pp. 229 ◽  
Author(s):  
MSc. Vlorë Bekteshi
Keyword(s):  
Property Rights ◽  
Moral Rights ◽  
The European Union ◽  
Personal Rights ◽  
Comparative Aspect ◽  
Long Time ◽  
The Creation ◽  
The Law ◽  
The Republic ◽  
The Right

Copyright, for a long time has not been regulated or protected at the desired level. The right on intellectual property, as a right of a particular kind and as the right of non-material property, is of particular importance for the contemporary reality.The copyright, in its content, enjoys the rights of personal and property nature. The natural rights, for a long time, have been characterized as very personal rights that relate to the creator of the work itself. This has probably been because in the early times it was impossible the multiplication of the author's work because the handwriting of the work has been a rare process and difficult. Later, with the invention of the typing machine, it was noticed that the works can be easily multiplied, as such came the need to protect the authors and their rights by providing to the authors reward in the case when their work is violated.Property rights are inseparable rights for the authors, which often serve also as stimulus for the creation of new works, but also provide reward for the effort given on the creation of the work.Law on Copyright of theRepublicofKosovois in accordance with the rules of the European Union, but the judicial practice is not in accordance with the Law. This happens because in the reality, the property rights and the moral rights are subject to violations, and as a result is violated even one of the primary and contemporary goals: the law should serve as an incentive for the authors to write and on the other side to satisfy the public with the scientific works.As such, the research objective of this paper is to present the property rights of copyright, the basics of the transfer of these rights, studied also at the comparative aspect.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

scholarly journals Transformation Lebanon`s foreign policy vector 2011–2017 y.

2019 ◽  
Vol 21 (92) ◽  
pp. 186-189
Author(s):  
M. M. Dzera ◽  
R. Y. Pasichnyy ◽  
A. M. Ostapchuk
Keyword(s):  
Foreign Policy ◽  
Prime Minister ◽  
Democratic Regime ◽  
Political Arena ◽  
Islamic World ◽  
Conservative Nature ◽  
The World ◽  
Long Time ◽  
The Law ◽  
The Republic

The place and international position of Lebanon in the world political arena today is changing and transforming under the influence of globalization. Thus, this is not deprive, but changes the vector on the international arena and does not exclude the already acquired conservative character. Prime Minister Tamam Salam, who is the executive of the President of the Republic of Lebanon, is reforming and liberalizing the law and changing the vector of foreign policy. He doing this without leaving the traditions and religious views, also without rejecting the conservative nature of foreign and domestic policies. Although Lebanon is part of the League of Arab States, which is accused of non-democracies, it has a democratic regime for a long time. Balancing the policy of the Lebanese Republic between conservatism, traditionalism, democracy and liberalization makes Lebanon a great country for analysis, since it provides an opportunity to reflect the coexistence of democracy with the stereotyped vision of the “Islamic world”.

scholarly journals PARMENIDAS: TEISINGUMAS KAIP RAKTAS Į BŪTIES PRIGIMTĮ

Problemos ◽  
2008 ◽  
Vol 73 ◽  
pp. 131-154
Author(s):  
Skirmantas Jankauskas
Keyword(s):  
Fundamental Problem ◽  
Justice Theory ◽  
Western Tradition ◽  
Good Society ◽  
Logical Foundation ◽  
Ethical Content ◽  
The Republic ◽  
Night And Day ◽  
The Right ◽  
First Time

Straipsnyje aptariama filosofijai pamatinė būties problema. Tyrimo atspirties tašku pasirinkta Parmenido poema, kurioje bene pirmą kartą vakarietiškoje filosofavimo tradicijoje būtis ne tik paminima, bet ir pagrindžiama. Parodoma, kad logiškai patrauklūs poemos antrosios dalies svarstymai ne tik nepagrindžia būties aptikimo būdo, bet ir neteikia nuorodų jos turiniui apibrėžti. Papildomų užuominų aptiktoms problemoms spręsti ieškoma platoniškai interpretuojant paprastai ignoruojamą Parmenido poemos mįslingąją pradžią. Interpretuojant tą pradžią kaip būties atradimo kontekstą, joje minimas žirgų traukiamas vežimaitis susiejamas su Faidro dvikinke, o kelionė link Nakties ir Dienos vartų – su Puotos „teisinguoju keliu“. Tačiau pagrindinis dėmesys telkiamas mėginant paaiškinti parmenidiškąją nuorodą, kad vartus, atveriančius tiesioginę būties pažinimo prieigą, saugo Teisingumas. Daroma prielaida, kad Platonas pasinaudoja šia nuoroda konstruodamas teisingumo požiūriu tobulą polinę sąrangą. Faidre nenusisekus teoriškai temizuoti dorybę, Platonas pasmerkia teoriją įkūnijantį raštą dėl jo ribotumo asimiliuojant filosofui rūpimus etinius turinius, tačiau savo užmačios neatsisako. Tariama, kad Politejoje Platonas mėgina temizuoti dorybę susiedamas ją su teorijai tiesiogiai prieinamu teisingumu. Siekdamas persmelkti teisingumą dorybe, Platonas net priverstas doriškai tobulą filosofą padaryti valdovu. Ir nors Politejoje teoriškai temizuoti dorybės nepavyksta, tačiau tobulo teisingumo konstravimo veiksmas apnuogina būties prigimtį, t. y. jos sąlygotumą gėrio vertybe. Pagrindiniai žodžiai: būtis, dorybė, teisingumas, teorija, tiesa, grožis, gėris, sociumas.Parmenides: Justice as a Clue to the Nature of BeingSkirmantas Jankauskas SummaryThe paper deals with the fundamental problem of philosophy – the problem of being. The research begins with the analysis of the famous poem of Parmenides where, for the first time in the Western tradition of philosophy, the being, apart from being just mentioned, is also provided with a logical foundation. It is demonstrated here that the logically attractive considerations of the second part of the poem both fail to substantiate the discovery of the being and give no hints about its content. The way to deal with the above mentioned problems is found in the typically ignored beginning of the poem. Clues for the explication of the mysterious proem are sought in some Plato’s dialogues. The chariot drawn by steeds in Parmenides’ poem is associated with the representation of the soul as a charioteer driving two steeds in Plato’s Phaedrus, and the ride towards the gates of Night and Day is associated with the concept of the “right way” in Plato’s Symposium respectively. However, attention is focused on Parmenides’ reference that the gate dividing Night and Day is guarded by Justice. An assumption is made that Plato exploits this reference while constructing his ideally just state. Failing to theoretically thematize virtue in Phaedrus, Plato blames writing which incorporates theory for its inability to assimilate the ethical content, but refuses to abandon this undertaking. It is supposed that in The Republic Plato continues his effort of theoretical thematization of virtue by trying to relate the latter to justice which is directly accessible by theory. In striving to enable justice to embrace the content of virtue, Plato is even compelled to make a virtueincorporating philosopher preside over his ideal state. Nonetheless, Plato fails to reach his direct objective in The Republic. However, the action of constructing ideal justice quite unexpectedly reveals the origin of being, i.e. its subordination to the Good.Keywords: being, virtue, justice, theory, truth, the beautiful, the good, society.

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.

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 The right to offset the claims in accordance with the law on bankruptcy of the Republic of Serbia and in the region

2021 ◽  
pp. 119-138
Author(s):  
Vladimir Vrhovšek ◽  
Vladimir Kozar
Keyword(s):  
Bankruptcy Law ◽  
Legal Analysis ◽  
Legal Practice ◽  
Legal Provisions ◽  
Legal Consequence ◽  
The Law ◽  
The Republic ◽  
Business Entities ◽  
The Right ◽  
Legal Compensation

This article discusses a concept of legally permitted and limited offsetting in bankruptcy according to the law of the Republic of Serbia, with comparison to earlier regulations where the offsetting occurred by the force of law, as the legal consequence of initiating bankruptcy proceedings. Legal provisions, legal practice, opinion of the jurisprudence on general and special terms about the right to offset the claims in bankruptcy in the Republic of Serbia, as well as in the countries in the region, have been presented. Relevant legal solutions from laws on bankruptcy of Montenegro, Republic of Srpska, Republic of Croatia, and the Republic of Slovenia have been reviewed. Offsetting claims in bankruptcy proceedings are in principle allowed in regional countries as well. Regarding the effect of bankruptcy on the right to offset the claims, there is a great similarity among the legal solutions in regulations of above mentioned countries, except for the Republic of Slovenia. The Republic of Slovenia retained the broadest concept of legal compensation as a legal consequence of initiating bankruptcy proceedings, which constitutes an important difference compared to restrictive solutions of the Serbian bankruptcy law and regional legislation. This article aims to show to the business entities operating in the region, through comparative legal analysis, different conditions and procedure of offsetting in bankruptcy in national legislation, bearing in mind the importance of this legal institution, which allows the creditors to fully collect their claims outside the bankruptcy payment lines, and regardless of the number of available funds in the bankruptcy estate.

scholarly journals Pemikiran Politik al-Shawkânî dalam Fath al-Qadîr

MUTAWATIR ◽  
2015 ◽  
Vol 4 (1) ◽  
pp. 53
Author(s):  
Yusuf Hanafi
Keyword(s):  
Political Thought ◽  
Main Issue ◽  
Political Thinking ◽  
The Republic ◽  
The Right ◽  
First Time

Muhammad b. ‘Alî Muhammad b. ‘Abd Allâh al-Shawkânî al-San‘ânî. He was born in the Hijrah in Shawkân village, Yemen on Monday 28 Dhû al-Qa‘dah 1172 H and died on Tuesday, 27 Jumâd al-Akhîr 1250 H at the age about 78 years. Al-Shawkânî grew up in the San‘a city, it is the capital of the republic of Yemen now. He study first time about religion from his father, then from renowed scholars in San‘a and its surrounding, he was known as a scolar who mastered the various branches of religious sciences. Such as <em>tafsîr</em>, <em>h</em><em>}adîth</em>, <em>fiqh</em>, <em>us</em><em>}ûl al-fiqh</em>, history, science of <em>kalâm</em>, philosophy, <em>balâghah</em>, <em>mant</em>}<em>iq</em> etc. the main issue in this article is how political thought in the book of tafsir <em>Fath</em><em> al-Qadîr</em> is the work of Shawkânî. At the end of article, the authors found that the intended political thinking in the study of <em>Fath</em><em> al-Qadîr</em> is about constitutional ideas. These ideas about the constitution is limited to the concept of leadership and deliberation, the concept of the right of citizen to obtain justice, and the concept pf the right of citizens to live association and assembly

scholarly journals Tinjauan Hukum Islam tentang Perlindungan Saksi dalam Undang-undang Perlindungan Saksi dan Korban Tahun 2006

2020 ◽  
Vol 22 (2) ◽  
pp. 302-324
Author(s):  
Muhammad Shafwan ◽  
M. Zayin Chudlori
Keyword(s):  
Islamic Law ◽  
Protection Agency ◽  
Sense Of Security ◽  
Victim Protection ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Article 5

This article aims to find out: (1) how is witness protection in Law of the Republic of Indonesia Number 13 of 2006 and witness protection in Islamic law? The results of the study concluded that; firstly, the protection of a witness in the Law of the Republic of Indonesia Number 13 of 2006 (Article 5) explains that a witness has the right to obtain protection for his personal, family, and property security, and is free from threats relating to testimony which will, is, or has given. The meaning of protection here is the efforts to fulfill the rights and provide assistance in the sense of security to witnesses that must be carried out by LPSK (Witness and Victim Protection Agency) or other institutions per the provisions of this law. Secondly, even though the mechanism for protecting a witness is not regulated in detail, but Islam highly appreciates a witness who is willing to give testimony in the disclosure of a case, namely by forbidding killing the witness.

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