A Turtle by Any Other Name: The Legal Basis of the Australian Constitution

2001 ◽  
Vol 29 (2) ◽  
pp. 241-272 ◽  
Author(s):  
Anthony Dillon
Keyword(s):  

‘Lawyers are not disposed to look behind the immediate constitutional framework to the ultimate sources of legal authority’: Lord Lloyd, The Idea of Law (1987) 173.

Author(s):  
Giulio Calcara

Abstract With 194 members, INTERPOL is the most influential actor in matters of transnational policing. Regrettably, the organisation is vulnerable against cases of misuse. Certain states manage to exploit the tools of the organisation, to persecute and track political dissidents or non-aligned members of the media outside their borders. As such, INTERPOL has become a prime example on how non-democratic countries can exert their influence and expand their reach well beyond their domestic jurisdictions via their participation in international organisations. Not wanting to allow the proliferation of criminal havens in certain regions, the organisation has opted to connect with and bring together as many police forces of different states as possible. Evidently, such connections are created with little or no consideration of the state of criminal justice systems and forms of government of the countries involved, as well as any subsequent risks. Such a complex state of affairs demands a thorough reflection on whether it is acceptable to compromise between the need for security and the rights of individuals and procedural justice. The issue has vast legal and practical ramifications, and it is ultimately a question pertaining to the realm of global constitutionalism. Does INTERPOL have the legal authority to be in charge of finding a balance between security and procedural justice? If so, on what legal basis, and to what extent?


2020 ◽  
Vol 14 (1) ◽  
pp. 119-149
Author(s):  
Fekadu Petros Gebremeskel

This article examines price regulation with its various objectives, forms and contexts. Navigating through the economic literature (that shows price regulation as a futile exercise for controlling inflation and solving commodity scarcity), the article analyses the constitutional foundations and the legislative enactments that authorize price regulation in Ethiopia. While there is a strong legal authority under the Constitution to regulate prices, there is lack of detailed standards to distinguish between the proper and improper exercise of price regulation power. Distinction is made between price regulation in normal times vis-à-vis price regulation during emergencies, and I argue that price regulation during emergencies should be evaluated against separate standards. With regard to price regulation in normal times, the recently enacted administrative procedure proclamation may help in solving the lack of standards.


2021 ◽  
Vol 52 (1) ◽  
pp. 113-136
Author(s):  
Jessica MacPherson

Whether it be through the tort of privacy or the Broadcasting Standards Authority, involuntary subjects of reality journalism have suffered sufficient harm at their inclusion to take legal action against the media. Utilising the TV series Border Patrol as a case study, this article looks at the role that government agencies play in facilitating this harm, rather than the media which produce and broadcast these programmes. The tort of privacy is adopted in this article as a framework to examine and establish the significant risk of privacy-related harm in this area. Following the proposition that the state must act under legal authority, it is argued that government agencies must have a clear legal basis for permitting production companies to enter and film passengers in the controlled border space, particularly given the high risk of privacy breaches. There does not appear to be any legal justification or authority for facilitating access to this space. Given these agencies' public assurances regarding transparency and privacy, they should identify and publicise this legal basis, alongside documentation of their interaction and co-operation with the media production company.


2012 ◽  
Vol 32 (S 01) ◽  
pp. 25-S28
Author(s):  
H. Rott ◽  
G. Kappert ◽  
S. Halimeh

SummaryA top quality, effective treatment of haemophilia requires an integrated therapeutical concept and an excellent cooperation of an interdisciplinary team. Since years different models are discussed in Germany in order to enlarge the offers for a suitable care of patients with hard to treat diseases. The healthpolitical targets are expressed in the changes of the Code of Social Law number V (SGB V) and in innovations in the statutory health insurance. This new legal basis provides opportunities to implement innovative treatment concepts outside university hospitals and paves the way for ambulant haemophilia centres to offer an integral care, all legally saved by a contract.The Coagulation Centre Rhine-Ruhr reveals as an example how haemophilia treatment in accordance with guidelines and with the latest results of international research can be realise in an ambulatory network.


2005 ◽  
pp. 121-130 ◽  
Author(s):  
V. Ryabtsun

Legal basis and development of systems of electronic state purchases in Russia with special attention to the federal target program "Electronic Russia (2002-2010)" are considered in the article. The level of development of such systems is examined within the case of their functioning in the Ural-Siberian region. The results of the work of state purchases e-market in Novosibirsk and Chelyabinsk are presented.


Author(s):  
Uliana Kuzenko

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.


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