scholarly journals The essay on establishing a symbolic title word which is typical of the legal principles in Korean legal system―The Essay on Range and Method of Study―

2017 ◽  
Vol 20 (2) ◽  
pp. 291-320
Author(s):  
박종목
Keyword(s):  
Legal System ◽  
Legal Principles ◽  
Title Word

Energy in Public Administration - Between Human Rights and Efficient Administration

2015 ◽  
Vol 3 (2) ◽  
pp. 227-241
Author(s):  
Mirko Pecaric
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Legal System ◽  
Human Dignity ◽  
Human Mind ◽  
Public Affairs ◽  
Reciprocal Relation ◽  
Legal Principles ◽  
Informal Practices

This paper explores recent notions in public administration, which are intertwined and addressed to the administration of public affairs. On this basis it demonstrates that content of legal system is filled through the static legal principles and rules, but they receive their real content through the informal practices and conditions of the human mind. The paper concludes that discussed notions could have only one name, because they all are the synonyms of reciprocal relation between the human dignity and efficient administration.

Doctrinal principles of law: concept and specificity

2021 ◽  
pp. 9-21
Author(s):  
Vera A. Iliukhina
Keyword(s):  
Legal System ◽  
Scientific Knowledge ◽  
Driving Force ◽  
Historical Period ◽  
Social Significance ◽  
Historical Experience ◽  
Legal Principles ◽  
Positive Law

Based on the understanding of the doctrinal principles of law as socially significant ideas formulated by scientists, practitioners, politicians in scientific works and other texts, as well as in public speeches and have not found a normative consolidation, the peculiarities of the doctrinal principles of law are highlighted. It is proposed to delimit the doctrinal principles of law from legal axioms and normatively enshrined principles of law (principles of positive law). The similarity between the doctrinal principles of law and legal axioms is that they are ideas. It is substantiated that their differences lie in the fact that legal axioms are always ideas that are socially important and tested by historical experience, and doctrinal principles can be absolutely any, including new ones, coinciding or not coinciding with the needs of society; doctrinal principles are always not normatively fixed (this is their main specific feature), and legal axioms may or may not have normative consolidation. The main differences between doctrinal and normatively enshrined principles of law are highlighted. Three ways are established for the implementation of doctrinal ideas to the level of sectoral, inter-sectoral or general legal principles. The position is substantiated that doctrinal principles have enormous social significance and play an important role in the legal system of Russia, since are the basis for innovative changes in law, are a driving force for the development of legislation, based on the level of development of scientific knowledge and the needs of society in a specific historical period.

scholarly journals Grave Judicial Errors Within the Jordanian Legal System: Causes, Legal Provisions and Solutions

2017 ◽  
Vol 10 (2) ◽  
pp. 122
Author(s):  
Alaa Mohammad Alfawaer
Keyword(s):  
Legal System ◽  
Civic Responsibility ◽  
Legal Principles ◽  
Legal Provisions ◽  
Opposing Party ◽  
General Rules ◽  
Judicial Errors ◽  
Judicial Error

It is reasonably and logically conceivable that a judge commits a grave judicial error during the undertaking of his or her judicial work, whether related to legal principles, in the performance of his or her judicial duties or in his exercising of jurisdiction. This error is related to his or her civic responsibility, if it has resulted in damages to a member of the opposing party. Despite the importance and seriousness of such mistakes, and its long establishment, Jordanian legislation has not provided for it, and has left it to the general rules. There is no doubt that there are reasons which lead to such errors occurring and, conversely, that there are ways to avoid this error.

scholarly journals The Malta case: distributed ledger technologies (dlts) and Islamic commercial law in the European union. A European controversy.

2020 ◽  
Vol 9 ◽  
pp. 99-109
Author(s):  
Francisco Javier Heredia Yzquierdo
Keyword(s):  
European Union ◽  
Legal System ◽  
Human Activities ◽  
The Other ◽  
The European Union ◽  
Commercial Law ◽  
Legal Principles ◽  
State Of The Union ◽  
Distributed Ledger ◽  
Other Hand

The Shariʿa Law has a comprehensive vision of all human activities, including commerce. The peculiarities of the commercial legal system that derives from the legal principles of Shariʿa emanates from the concepts of forbidden or Haram and permissible or Halal. These principles are applied today to breakthrough commercial developments such as the Blockchain/Digital Ledger Technologies. On the other hand, there is a growing debate about the possibility of the application of Shariʿa Law in the Member States of the European Union, either for social reasons or for commercial reasons. The controversy and opportunities created in the smallest State of the Union, Malta, serves as a sample.

scholarly journals The Internal Limits on Fiduciary Loyalty

2020 ◽  
Vol 65 (1) ◽  
pp. 65-82
Author(s):  
Andrew S Gold
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Compliance ◽  
Internal Constraints ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Judicial Reasoning ◽  
Correct Understanding ◽  
Conceptual Possibility

Abstract: In the abstract, the limits on a lawyer’s loyalty obligations could take several forms. For example, constraints on a fiduciary’s loyalty obligations may be derived from a correct understanding of that fiduciary’s loyalty itself. Indeed, violations might count as a form of disloyalty to the client. Alternatively, such constraints could stem from obligations owed to parties other than a lawyer’s client, or even something more abstract like the rule of law. Notably, such constraints could be derived from legal principles that have nothing to do with fiduciary law. Each of these options is a conceptual possibility, contingent on the choices made by a given legal system. Constraints on a loyalty obligation that are implications of that loyalty obligation itself are defined here as internal. Constraints imposed from outside a given fiduciary loyalty obligation are defined as external. This paper seeks to deepen our understanding of a particular type of fiduciary loyalty (the loyalty owed by lawyers) by focusing on the role of such internal constraints, and in the process to elaborate on the scope of loyalty obligations more generally. This paper will also indicate why we should care about the internal/external distinction. Among other things, this distinction helps determine whether lawyers are better seen as private or public fiduciaries, and in practice it may bear on both judicial reasoning and legal compliance.

scholarly journals THE JUSTIFICATION OF CONSTITUTIONAL PRINCIPLES

2021 ◽  
pp. 54-58
Author(s):  
A. Matat
Keyword(s):  
Structural Analysis ◽  
Legal System ◽  
Constitutional Law ◽  
Public Law ◽  
Legal Practice ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Fundamental Part ◽  
Science Paper ◽  
The Law

This paper deals with the study of the justification of constitutional principles as a fundamental category of constitutional law. Legal principles are an important conception in the legal doctrine and the legal practice of democratic countries. Ukrainian legal doctrine studies legal principles in the two paradigms, namely fundamental principles and general principles. However, this approach does not result in the understanding of principles in constitutional law. That is why principles in constitutional law are an actual topic. The article aims to examine the fundamental concepts to find the justifications of constitutional principles. Hence, the author pays attention to the content of constitutional law and constitutionalism as principles-based categories. First, constitutional law is a fundamental part of the law in the legal system, and all the parts of the law are dependent on constitutional law. Second, the universal constitutional principles are the same for all legal systems. After all, constitutionalism doctrine consists of the limitation of power, and nowadays, this is expressed through the constitution and different constitution principles. The author uses comparative legal, phenomenological, and system-structural analysis as a valid methodology for this research. Finally, the research investigation contains the following conclusions that enable the author to prove the motivation of the science paper to study the outlined topic. First, constitutional law is the basis of the legal system, which embodies constitutional principles; constitutional law has the same effect on public law and private law. Second, constitutionalism is a source for finding constitutional principles. Third, the system of constitutional principles includes the following characteristics: universality and specificity. The system of constitutional principles is open and depends on the interpretation of constitutions. The paper aims to contribute to the growing research highlighting the current issues of constitutional principles. Keywords: principles, constitutional principles, constitutional law, constitutionalism, the system of constitutional principles.

scholarly journals PANAMA PAPERS DAN DISKURSUS TENTANG PERLINDUNGAN DATA DI INDONESIA: SUATU PERSPEKTIF TEORI KEADILAN BERMARTABAT

2016 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
Jeferson Kameo
Keyword(s):  
Legal System ◽  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
Personal Privacy ◽  
Legal Principles ◽  
Legal Rules ◽  
Second Amendment ◽  
Rules And Principles ◽  
The Republic

<p><strong>Abstrak</strong><br />“Setiap orang berhak atas perlindungan diri pribadi, keluarga, kehormatan, martabat, dan harta benda yang di bawah kekuasaannya, serta berhak atas rasa aman dan perlindungan dari ancaman ketakutan untuk berbuat atau tidak berbuat sesuatu yang merupakan hak asasi”. Inilah rumusan dari Pasal 28 G Ayat (1) dari Undang-Undang Dasar, yang dinyatakan Perubahannya yang Kedua dalam suatu Ketetapan Majelis Permusyawaratan Rakyat Republik Indonesia. Dalam rumusan ketentuan ini orang dapat menyuling semua asas yang mengatur perlindungan data dalam Sistem Hukum Pancasila.Di samping rumusan ketentuan di atas, sejumlah rumusan kaedah hukum lainnya berisi asas-asas yang sama dapat juga ditemukan dalam beberapa Undang-Undang yang berlaku dalam sistem hukum Indonesia. Antara lain, UU No. 8 tahun 2011 tentang ITE. Penulis artikel ini berpendapat bahwa seluruh rumusan ketentuan dimaksud adalah bentuk-bentuk perwujudan diri dari jiwa bangsa (Volksgeist) tempat orang dapat menemukan asas-asas dan kaidah yang mengatur perlindungan data dalam Sistem Hukum Pancasila. Satu dari asas hukum yang melindungi data pribadi dapat digunakan untuk memecahkan skandal terkini, yaitu Panamapapers.</p><p><strong>Abstract</strong></p><p>“Every person has the rights to get protection on his personal/privacy, family, honor, dignity and properties under his power, and has rights to feel secure and to get protection from fear of any threat in order to do or not to do something related to their fundamental rights. This is the formulation of the Article 28 G (1) of the Indonesian Basic Act, mentioned in its Second Amendment mentioned in the Decision of the People's Consultative Assembly of the Republic of Indonesia. In this stipulation one could distil all the legal principles governing data protection in the Pancasila Legal System. Apart from the stipulation mentioned above, some further formulation of legal rules contained similar principles may also be found in several Acts in the Indonesian legal system. Among those Acts, is the Act number 8 of 2011 concerning Information and Electronic Transaction. This writer argues that all of the stipulations are forms of manifestation of the spirit of the Indonesian people (Volksgeist) in which one could find rules and principles governing data protection in the Pancasila Legal System. One of the principles of Law that protect the personal data could be used in order to solve the rescent scandal called Panamapapers.</p>

scholarly journals OVERCOMING LEGAL NIGILISM, RESOLUTION OF LEGAL CONFLICTS AND RESTRICTION OF LAW ABUSING- VALIDITY BASIS OF LAW FORMATION

2020 ◽  
Keyword(s):  
Civil Society ◽  
Legal System ◽  
Legal Status ◽  
Legal Culture ◽  
Exclusion Zone ◽  
Legal Norms ◽  
Legal Principles ◽  
The Law ◽  
Real Assets ◽  
Abuse Of Law

The aim of the article is to investigate the reasons of legal nihilism and abuse of law origin, to find the optimal ways of overcoming these negative legal phenomena and, as a result, to solve legal conflicts in the activity of state authorities and local self-government, their officials, providing recommendations on introducing liability for law abusing. The process of establishing respect to the law is primarily connected with overcoming legal nihilism, legal conflicts and abuse of law limitation. Legal nihilism retards the decent development of the legal system, encumbers the access of society members to legal values and becomes a serious obstacle on the way of the formation of civil society. Specificity of any legal conflict lays in the fact that is its features and peculiarities are shown, seen and characterized from the position of law, specific legal norms and their requirements, decrees, orders to be perceived and evaluated differently by subjects of law A sense of respect together with legal awareness allows a person logically, reasonably, rationally evaluate and find the most suitable way of behavior and legitimate actions. When manifesting real respect here operates one of the important legal principles of civil society - respect for the rights and freedoms of others as their own. This principle is based on the necessity to keep away from any actions (inaction) so directly or indirectly worsening social or legal status of an individual. We mean here exclusion of not only unlawful actions, but also the facts of rude misuse of law. Factors of rude misuse of law are real assets of law practice, therefore, when understanding problems related to the establishment and development of legal awareness, legal culture, and respect for the law, it is necessary to consider the fact that legislation doesn`t forbid to do evil and is the abuse of law in its purest form. And it cannot be avoided, since law shouldn`t be ubiquitous, otherwise a person would be completely deprived of freedom. However, a civil society, betaking spiritual and moral potential capabilities, can create a certain exclusion zone for people challenging law abusing.

scholarly journals Precedent Precedent in the Russian legal system contemporarily

2017 ◽  
Vol 33 (3) ◽  
Author(s):  
Mai Văn Thắng
Keyword(s):  
Legal System ◽  
Federal Court ◽  
Stare Decisis ◽  
Law System ◽  
Legal Principles ◽  
Legal Documents ◽  
Lower Courts ◽  
The Common ◽  
The Creation ◽  
The Guardian

The Article focus on analyzing the fundamental reasons fostering the creation and progress, the nature, the position and value of precedent as a source of law within the Russian legal system contemporarily. Accordingly, the construction of a state in which the rule of law, the democracy, the integration, the recognized of fundamental legal principles such as the court must not deny resolving cases, the guardian of the court to the basic human rights as well as citizen rights, the judges do not rely solely on the laws but also on their conscience to accomplish the mission of protection of justice, the existence of a  constitutional federal court, have been considered the main reasons promoting the creation of caselaw in Russia in reality at the period after Soviet. However, there is not any official legal documents governing precedent in Russia so far. Unlike the "stare decisis" principle in the Common law system, precedent in Russia only plays an inferior role which is a supplement source considered legal interpreting in the system.  Precedents in Russia are also not granted an official authorization as well as not selected or published, instead of that, case laws are the opinions, decisions from the superior courts which are believed to be trustworthy, outstanding, valuable and appropriate. These case laws would be cited in the lower courts although some of them which were granted by Constitution Federal Court may not follow previously mentioned principle because of their own binding rules. The opinions, legal reasonings considered the content of the precedents are not the laws.

JUSTICE ECOLOGY AND SOCIAL JUSTICE AS A BASIS OF PROTECTION AND PRESERVATION OF THE SEA ENVIRONMENT IN INDONESIA'S LEGAL SYSTEM

2019 ◽  
Vol 1 (1) ◽  
pp. 1-11
Author(s):  
Elly Kristiani Purwendah
Keyword(s):  
Social Justice ◽  
Environmental Protection ◽  
Marine Environment ◽  
Legal System ◽  
State Responsibility ◽  
Social Phenomena ◽  
Legal Principles ◽  
Ecological Justice ◽  
Systematic Relationships ◽  
The Relationship

Correlation of principles in the legal system through the concept of justice (ecological and social justice) is expected to protect the interests of the marine environment. Theory as a basic means used to express systematic relations in social phenomena and nature that will be examined and also a tool of science (tool of science). Principles are fundamental statements or general or individual truths that are used by a person or group as a guide for thinking or acting. The theory of ecological justice and social justice is used to express systematic relationships and scientific tools to explain the importance of the protection and management of the marine environment for the marine environment and its usefulness for humans. This theory is important to discuss in discussing the principle of appropriateness of international law principles into the national legal system. Justice theory will explain the relationship between state responsibility and obligations towards environmental protection and management through the application of legal principles to the marine environment. The principle of protecting the marine environment is considered as the truth that is the basis of thinking and acting in order to protect and manage the marine environment. The theory of ecological justice and social justice is used as a frame of environmental protection and management as expected to be realized through the responsibility of the state which is obliged to protect the interests of the environment and society. The theory of ecological and social justice places the environment as a natural resource aimed at the welfare of society through state responsibility through the concept of fair and proportion. The construction of justice as a basic idea of law in protecting and utilizing the environment and how the designation of the environment for the welfare of citizens in accessing the marine environment.

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