scholarly journals The Impact of State Constitutional Right to Bear Arms Provisions on State Gun Control Legislation

1970 ◽  
Vol 38 (1) ◽  
pp. 185
Keyword(s):  
Gun Control ◽  
Constitutional Right ◽  
The Impact

scholarly journals Kebebasan Hak Ijtihad Nikah Beda Agama Pasca Putusan Mahkamah Konstitusi

2016 ◽  
Vol 12 (3) ◽  
pp. 604
Author(s):  
Faiq Tobroni
Keyword(s):  
The State ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Interfaith Marriage ◽  
The Third ◽  
Interfaith Marriages ◽  
Key Issues ◽  
Marriage Laws ◽  
Constitutional Right ◽  
The Impact

This paper has three key issues. The first issue discusses the arguments constructed by applicant of judicial review (JR) to assess the constitutional rights’ violations caused by the application of Article 2 (1) UUP. The second issue discusses on how the Constitutional Court (MK) seated position of state associated marital affairs in the rejection of JR. The third issue discusses model of freedom of ijtihad (legal thought) on interfaith marriage as the impact of MK’s Decision. Based on    the discussion, regarding to the first issue, the applicant of JR assess the application of Article 2 (1) UUP has legitimized the state as the sole interpreters of religious teachings for a requirement validity of the marriage. According to the applicant,  the role is used by the state (The Office for Religious Affairs/KUA) to not accept interfaith marriage. This refusal led to the violation of some other constitutional rights. Furthermore, as the findings of the second issue, MK’s decision has placed   the real position of state not as interpreters of religious teachings, but merely to accommodate the results of religious scholars’s ijtihad regarding marriage into the state law. Thus, it is not true that the state has violated the constitutional right to more intervene the religious life of citizens. Last findings as the third issue, MK’s decision has affected the model of ijtihad freedom on interfaith marriage. Actually interfaith marriage can still be served through the Civil Registry Office (KCS). KCS could be an alternative way to facilitate the interfaith marriages for all religions in Indonesia. Special for KUA, the institution reject to record interfaith marriage.   In this way, it only accommodates freedom of ijtihad within the limits of ijtihad jama’i. KUA just accomodates ijtihad by institutions such as the Majelis Ulama Indonesia, Nahdlatul Ulama, Muhammadiyah and other similar institutions that reject interfaith marriage. Special for marriage in muslim community, ijtihad jama’i is better than ijtihad fardiy because the second could trigger the liberalization of marriage laws (temporary marriages, polygamy more than four, underage marriages and denial of recording).

Counting Guns

2002 ◽  
Vol 26 (4) ◽  
pp. 699-708
Author(s):  
Gordon Wood ◽  
Robert Churchill ◽  
Edward Cook ◽  
James Lindgren ◽  
Wilbur Miller ◽  
...  
Keyword(s):  
Statistical Analysis ◽  
Social Science ◽  
Statistical Methods ◽  
Violent Crime ◽  
The United States ◽  
Real Income ◽  
Crime Rates ◽  
Gun Control ◽  
Gun Laws ◽  
The Impact

At the fall 2001 Social Science History Association convention in Chicago, the Crime and Justice network sponsored a forum on the history of gun ownership, gun use, and gun violence in the United States. Our purpose was to consider how social science historians might contribute nowand in the future to the public debate over gun control and gun rights. To date, we have had little impact on that debate. It has been dominated by mainstream social scientists and historians, especially scholars such as Gary Kleck, John Lott, and Michael Bellesiles, whose work, despite profound flaws, is politically congenial to either opponents or proponents of gun control. Kleck and Mark Gertz (1995), for instance, argue on the basis of their widely cited survey that gun owners prevent numerous crimes each year in theUnited States by using firearms to defend themselves and their property. If their survey respondents are to be believed, American gun owners shot 100,000 criminals in 1994 in selfdefense–a preposterous number (Cook and Ludwig 1996: 57–58; Cook and Moore 1999: 280–81). Lott (2000) claims on the basis of his statistical analysis of recent crime rates that laws allowing private individuals to carry concealed firearms deter murders, rapes, and robberies, because criminals are afraid to attack potentially armed victims. However, he biases his results by confining his analysis to the years between 1977 and 1992, when violent crime rates had peaked and varied little from year to year (ibid.: 44–45). He reports only regression models that support his thesis and neglects to mention that each of those models finds a positive relationship between violent crime and real income, and an inverse relationship between violent crime and unemployment (ibid.: 52–53)–implausible relationships that suggest the presence of multicollinearity, measurement error, or misspecification. Lott then misrepresents his results by claiming falsely that statistical methods can distinguish in a quasi-experimental way the impact of gun laws from the impact of other social, economic, and cultural forces (ibid.: 26, 34–35; Guterl 1996). Had Lott extended his study to the 1930s, the correlation between gun laws and declining homicide rates that dominates his statistical analysis would have disappeared. An unbiased study would include some consideration of alternative explanations and an acknowledgment of the explanatory limits of statistical methods.

The Impact of the Basic Law: Human Dignity and Liberty on the Law of Criminal Procedure and Evidence

1999 ◽  
Vol 33 (3) ◽  
pp. 678-719 ◽  
Author(s):  
Eliahu Harnon
Keyword(s):  
Supreme Court ◽  
Human Dignity ◽  
Criminal Procedure ◽  
Social Background ◽  
Basic Law ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
Law Of Evidence ◽  
The Impact

In March 1992, Israel's Parliament, the Knesset, enacted Basic Law: Human Dignity and Liberty. Some believe that this Basic Law has created a constitutional revolution in Israel, while others feel this view to be exaggerated. In any event, there is general agreement that the Basic Law, with its 13 brief sections, has effected many significant changes in numerous areas of law.It is well known that criminal procedure and some parts of the law of evidence are particularly sensitive to constitutional changes. To what extent is this also true in Israel as a consequence of the Basic Law and interpretations given to it?More particularly, what precisely does the Basic Law say, and what has the Supreme Court inferred from the principles of human dignity and liberty beyond the express provisions of the Basic Law? What influence does the Basic Law exert on new legislation and indeed on legislation preceding the enactment of the Basic Law itself? May one expect that the Supreme Court will adopt the idea that the Basic Law embodies an exclusionary rule of evidence obtained in breach of a constitutional right? These, and other relevant questions, will be discussed below. First, however, we shall refer briefly to the legal and social background of the Basic Law.

scholarly journals From Francis Coralie Mullin to Swaraj Abhiyan: Adding Multidimensionality to the Conditional Social Right to Food

2017 ◽  
Vol 6 (1) ◽  
pp. 21-40
Author(s):  
Saurabh Bhattacharjee
Keyword(s):  
Indian Subcontinent ◽  
Right To Food ◽  
The Core ◽  
Explicit Mention ◽  
State Obligations ◽  
History Of ◽  
Constitutional Right ◽  
The Right ◽  
The Impact ◽  
Made In

Global hunger is widely seen as one of the foremost threats to humanity. The Constitutionality of the Right to Food has been a long-standing debate within the Indian Subcontinent as there is no explicit mention of the said right. Through various judicial pronouncements over a relatively long period of time, the right to food has been construed to be constitutionally ingrained. This paper explores the history of the right to food as a fundamental right in India, as per the Constitution. It analyses landmark cases on the right to food and examines the fundamental right to food, in terms of state obligations. Is the impact of the entrenchment of the right to food as a fundamental right, limited only to its symbolic meaning? Or has such right substantively shaped the contours of governmental policies too? What are the remedial interventions that the judiciary has made in view of the constitutional right to food? These are questions that the paper will explore. In this process, the paper will parse various judicial orders on the right to food and identify whether there are justiciable entitlements that presumptively constitute the core of the right. Further, the paper shall also highlight the multidimensionality of the right to food and illustrate that starting with Francis Mullin in the 1980s, to Laxmi Mandal and Swaraj Abhiyan in this decade. The courts have, through the above mentioned judgments, underscored the interrelatedness between the rights to food, health, shelter and right to work.

The Gun Debate

2020 ◽  
Author(s):  
Philip J. Cook ◽  
Kristin A. Goss
Keyword(s):  
Gun Violence ◽  
Gun Control ◽  
Special Interest Groups ◽  
Political Scientist ◽  
Political Climate ◽  
Public Officials ◽  
Mass Shootings ◽  
Gun Debate ◽  
Gun Culture ◽  
The Impact

No topic is more polarizing than guns and gun control. From a gun culture that took root early in American history to the mass shootings that repeatedly bring the public discussion of gun control to a fever pitch, the topic has preoccupied citizens, public officials, and special interest groups for decades. In this thoroughly revised second edition of The Gun Debate: What Everyone Needs to Know® noted economist Philip J. Cook and political scientist Kristin A. Goss delve into the issues that Americans debate when they talk about guns. With a balanced and broad-ranging approach, the authors thoroughly cover the latest research, data, and developments on gun ownership, gun violence, the firearms industry, and the regulation of firearms. The authors also tackle sensitive issues such as the impact of gun violence on quality of life, the influence of exposure to gun violence on mental health, home production of guns, arming teachers, the effect of concealed weapons on crime rates, and the ability of authorities to disarm people who aren’t allowed to have a gun. No discussion of guns in the U.S. would be complete without consideration of the history, culture, and politics that drive the passion behind the debate. Cook and Goss deftly explore the origins of the American gun culture and the makeup of both the gun rights and gun control movements. Written in question-and-answer format, this updated edition brings the debate up-to-date for the current political climate under Trump and will help readers make sense of the ideologically driven statistics and slogans that characterize our national conversation on firearms. This book is a must-read for anyone interested in getting a clear view of the issues surrounding guns and gun policy in America.

Community Participation in Mahikeng Local Municipality: Power Relations Perspective

2019 ◽  
Vol 55 (3) ◽  
pp. 446-456
Author(s):  
Mandla Mfundo Masuku ◽  
Mokgadi Patience Molope
Keyword(s):  
South Africa ◽  
Public Participation ◽  
Community Participation ◽  
Power Relations ◽  
Local Governance ◽  
North West ◽  
The North ◽  
Local Municipality ◽  
Constitutional Right ◽  
The Impact

In South Africa, community members have the constitutional right to partake in local governance and the local municipal council has the constitutional mandate to facilitate community participation. Qualitative research was used to assess the impact of power relations on community participation in the Mahikeng Local Municipality. The study findings indicate that power differentials contributed to the abandonment of the legislative provisions in the Mahikeng Local Municipality in the North-West Province of South Africa. Among other things, this paper recommends finalisation of the draft public participation framework. The framework should clearly identify and define the roles of the community, elected councillors and traditional authorities. The paper recommends the development of a strategy that includes clear and comprehensive public participation guidelines, protocols and processes to facilitate implementation of the framework. In consultation with the community, a detailed community participation schedule must be developed, implemented and continuously monitored and evaluated.

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