scholarly journals Legislative power as a legitimate basis for legislative activity

2021 ◽  
Vol 66 ◽  
pp. 19-26
Author(s):  
Z.O. Pogorelova
Keyword(s):  
Public Relations ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legislative Power ◽  
Advantages And Disadvantages ◽  
The People ◽  
Legislative Activity ◽  
The Government ◽  
Law Making

The article is devoted to the study of the nature of the legislative pover and the disclosure of its role to serve as a legitimate basis for legislative activity. The provision is substantiated that the parliament, as a representative body of the whole people, has the highest level of legitimacy and on this basis exercises the right to legislate public relations according to the principle of separation of powers, including the exclusive right to regulate the most important issues of organization and exercise of power (article 92 of the Constitution of Ukraine). The relationship between the concepts of legislative power and legislative activity of the parliament is revealed and the recognition of the legislative activity of the parliament as the main, key function of the parliament and the organizational way of implementing the legislative power of the state is substantiated. The conditions, scope, limits, advantages and disadvantages of the practice of delegated legislation, which is widespread in democratic countries, as well as the legally sanctioned government rule-making on the basis of the instructions of the government provided by separate laws are investigated. The powers of the parliament in the field of law-making  activity are analyzed, the source of which is the legislative power delegated by the people to the Verkhovna Rada of Ukraine, due to which the parliament receives from the people the primary right to carry out its law-making activity. The essence of legislative activity carried out within the legislative process is revealed, as activity on revealing of need for legal regulation of public relations, estimation of draft laws, their completion, carrying out professional examination, discussion and completion in committees, i.e. all actions directed on proper elaboration of laws’ projects. It is noted that the legislative process is not only and not so much limited by parliament, but also includes pre-parliamentary stages of work on the draft law (initiation, drafting, public discussion, examination, coordination with interested bodies and organizations). The general characteristic of subjects of law-making activity is given, the nature of powers of parliament on the organization and implementation of control over law-making activity is analyzed.  

Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities

2021 ◽  
Vol 6 ◽  
pp. 27-32
Author(s):  
V. K. Andreev ◽  
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Separation Of Powers ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Business Entities ◽  
Law Making

The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of individual regulation of public relations. Focusing on Art. 6 of the Civil Code of the Russian Federation and Section 6, Art. 12 of the APC RF shows the validity of dividing wrong into two types of wrong: the «moderate» type of «judicial law-making and the position of the court» and the «radical» type of «judicial law-making», when the court develops the rule of law, which contradicts the constitutional principle of separation of powers. When resolving corporate disputes, it is necessary to investigate whether the charter of a non-public company does not contain the rights and obligations of its participants, which they themselves created by making a unanimous decision and including them in the charter of the company (paragraph 3 of Art. 66.3 of the Civil Code of the Russian Federation, paragraph 3 of Art. 14 of the Law about LLC).

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

11. The key functions of Parliament

2019 ◽  
pp. 229-254
Author(s):  
Anne Dennett
Keyword(s):  
Rule Of Law ◽  
Executive Power ◽  
Legislative Process ◽  
Government Action ◽  
The Public ◽  
Public Record ◽  
The Government ◽  
And Control ◽  
Law Making

This chapter identifies Parliament's primary functions of making law and scrutinising government action. Parliament's scrutiny of government has been defined as ‘the process of examining expenditure, administration, and policy in detail, on the public record, requiring the government of the day to explain itself to parliamentarians as representatives of the citizen and the taxpayer, and to justify its actions’. In the absence of a codified constitution and entrenched limits on executive power, the requirement for the government to answer to Parliament for its actions acts as a check and control. The chapter also considers the legislative process, particularly legislative scrutiny. Secondary legislation made by the government can often be subject to much less scrutiny and debate than primary legislation, and sometimes none at all. These scrutiny gaps increase the risk of arbitrary law-making and ‘governing from the shadows’, again raising rule of law concerns.

5. Parliamentary sovereignty

2019 ◽  
pp. 99-123
Author(s):  
Anne Dennett
Keyword(s):  
Legislative Process ◽  
Bill Of Rights ◽  
House Of Commons ◽  
Legislative Power ◽  
Legal Limits ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
The Uk ◽  
A Current ◽  
Law Making

This chapter focuses on parliamentary sovereignty. The term ‘Parliamentary sovereignty’ is normally defined as the ‘legislative supremacy of Parliament’. Since the constitutional settlement brought about by the Bill of Rights 1689, the UK Parliament has had unchallenged authority to create primary law. Parliament's legislative supremacy means, therefore, that there is no competing body with equal or greater law-making power and there are no legal limits on Parliament's legislative competence. Parliament has broad legislative power but cannot make unchangeable statutes, and a current parliament can reverse laws made by a previous parliament. Nobody but Parliament can override Acts of Parliament. The Enrolled Bill rule requires that, if a Bill has passed through the House of Commons and House of Lords and received royal assent, the courts will not enquire into what happened before or during the legislative process.

Law-Making by and for the People: A Case for Pre-legislative Processes in India

2019 ◽  
Vol 41 (2) ◽  
pp. 189-206
Author(s):  
Dipika Jain
Keyword(s):  
Citizen Participation ◽  
Fundamental Rights ◽  
Legislative Process ◽  
Court Case ◽  
Marginalized Communities ◽  
Deliberation Process ◽  
Societal Needs ◽  
The People ◽  
Transgender Persons ◽  
Law Making

Abstract Recent legislative trends in India reflect the need for a mandatory pre-legislative process. Pre-legislative consultation affords the benefit of legitimacy to laws arrived at through citizen participation. Furthermore, it informs decision-makers of the lived experiences of those most likely impacted by the legislation. Laws that receive pre-legislative consultation are attuned to realities, which increases the likelihood of their effectiveness. This article explores how several of India’s recent laws that received pre-legislative consultation have been rendered more robust and effective than others. As exemplified by current protests by transgender, intersex and gender non-conforming people in India, the Government’s most recent Transgender Bill, which neglected pre-legislative deliberation process, fails the people it purports to protect. As explored in this article, the Bill fails to uphold constitutionally protected principles, as recognized in the recent Supreme Court case that upheld transgender persons’ fundamental rights. As such, the Transgender Bill reflects a need to engage with the intrinsic and instrumental value of pre-legislative consultation and deliberation in India. In locating transnational trends towards employing such a process, this article argues that India would greatly benefit from mandatory pre-legislative consultation and deliberation. By creating a process that allows for citizen participation in law-making, particularly when such laws impact marginalized communities, legislation would reflect societal needs and eschew a top-down, majoritarian approach.

The Separation of Powers in Local Government in Nigeria

1992 ◽  
Vol 36 (1) ◽  
pp. 43-51 ◽  
Author(s):  
K. S. A. Ebeku
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Community Development ◽  
Separation Of Powers ◽  
Community Action ◽  
Effective Control ◽  
Local Resources ◽  
The People ◽  
The Government ◽  
Democratic Nation

In a democratic nation, local government is the government of the people, by the people and for the people at the grassroots levels. That is, the government nearest or closest to the people. It is at the level of local government that community action in respect of community development programmes is most effective; it is also the level where democratic processes and decision-making by consensus are traditionally entrenched; where rivalries and tensions are reduced to a minimum; where local resources and patriotism are easily called to the service of the community; and, very importantly, where the people are normally confident of effective control of their own government.

Administrative Law and the Constitution

1929 ◽  
Vol 23 (1) ◽  
pp. 32-46
Author(s):  
Marvin B. Rosenberry
Keyword(s):  
Political Theory ◽  
Separation Of Powers ◽  
Administrative Law ◽  
Great Work ◽  
The People ◽  
Explicit Statement ◽  
English Speaking ◽  
The Subject ◽  
The Government ◽  
English Speaking World

In the constitution of Massachusetts is found the following: “In the government of this commonwealth the legislative department shall never exercise the executive and judicial powers or either of them; the executive shall never exercise the legislative and judicial powers or either of them; the judicial shall never exercise the legislative and executive powers or either of them; to the end it may be a government of laws and not of men.” This is probably the most explicit statement of the doctrine of separation of powers to be found in the constitution of any of the states of this Union. While the doctrine has been set forth in other constitutions in other language, the constitutions of all the states as construed and interpreted have come to have substantially the same meaning. For more than a century, lawyers, courts, political scientists, publicists, and the people generally regarded the separation of the government into coördinate departments as one of the corner-stones of our liberties.Montesquieu, who had no doubt derived his ideas upon the subject from the writings of Locke and a study of English law, in 1748 published his great work, The Spirit of Laws. In this treatise he gave a new exposition of the doctrine of separation of powers and the reasons for it, in a form which gave it wide currency in the English-speaking world; but this exposition was intended by Montesquieu to be a statement of political theory, and was so accepted by political writers of the time.

scholarly journals GAPS IN THE LAW AND WAYS TO FILL THEM

2020 ◽  
Vol 30 (3) ◽  
pp. 396-405
Author(s):  
P.V. Lushnikov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Negative Consequences ◽  
First Case ◽  
The Law ◽  
False Idea ◽  
Law Making ◽  
Made In ◽  
Communicative Processes

The article deals with the issues of gaps in law, it is stated that at present the problem of gaps is caused by the development of public relations. The negative consequences of gaps and their causes are determined. Several classifications of gaps that are made in science are considered. It is concluded that the deliberate creation of gaps by the subjects of law-making can be a corruption-induced factor. The classification of gaps depending on the truth (real and imaginary) is analyzed in detail. It is concluded that under the imaginary spaces can occur, both the addressees and the addressees of legal messages. In the first case, the addressees due to lack of necessary knowledge may have a false idea about the lack of legal regulation. When considering the second option, there is agreement with the scientific position that the addressees may, for subjective reasons, try to resolve gaps in the law, which do not really exist, thereby giving rise to excessive legitimization or real gaps. The article considers the options of filling the gaps in the law proposed in science. Further, it is proposed to apply to this problem the provisions of hermeneutics. The possibility of applying hermeneutic methodology to eliminate gaps is substantiated. It is concluded that preliminary modeling of communicative processes in the course of law-making can be used as a measure to counteract the gap in laws. The author suggests the need to limit the "arbitrariness of the reader" in the process of applying the analogy of law and law, as well as in the process of forming a legal precedent.

scholarly journals PLANNING OF THE LEGISLATIVE ACTIVITY AND ITS IMPORTANCE IN THE IMPROVEMENT OF LEGISLATION AND THE LEGISLATIVE PROCESS OF THE REPUBLIC OF KAZAKHSTAN

2017 ◽  
pp. 28-35
Author(s):  
Жанна Тлембаева ◽  
Zhanna Tlembaeva
Keyword(s):  
Practical Interest ◽  
Legislative Process ◽  
Information Transparency ◽  
Legislative Initiative ◽  
Legislative Activity ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Legislative Activities

Some issues of lawmaking activity planning in the Republic of Kazakhstan as one of the important components of legislative activity are discussed, and its importance in improving legislation is analyzed in the article. The author pays special attention to the types and stages of the legislative process In the Republic of Kazakhstan. The main problems of planning the legislative activity of the Government and of other subjects of lawmaking are considered. Also the ways to improve the planning of lawmaking activity taking into account the current realities of the development of the legislative process in the Republic of Kazakhstan are proposed. Planning of legislative activities in Kazakhstan needs to be improved and, first of all, by means of increasing the information transparency of planning, the development of forecasting, improving the coordination of planning of subjects of the right of legislative initiative and the development of regulatory support for planning. The issues of application of technologies of legislative forecasting as an obligatory element of lawmaking are separately considered. The conclusion about the role of planning of lawmaking activity in counteraction to the processes of «shadow lobbying» is substantiated. It seems that the implementation of these proposals will ensure an increased role for planning in the country’s legislative process. In the context of the problems studied, the question of the legislative activity of the subjects of the legislative initiative and the subjects of lawmaking has considerable scientific and practical interest. The author reveals a tendency to reduce the lawmaking activity of the deputies of the Parliament against the backdrop of the growing legislative activity of the Government.

scholarly journals Legal Regulation of Police Work Incentives

2020 ◽  
Vol 91 (4) ◽  
pp. 59-68
Author(s):  
K. V. Kovalenko
Keyword(s):  
Public Relations ◽  
Police Officer ◽  
Police Officers ◽  
Legal Regulation ◽  
Police Work ◽  
Work Incentives ◽  
The People ◽  
Effective Performance ◽  
The Right ◽  
External Incentives

Based on the analysis of scientific views of scholars, the author has established that the legal regulation of incentives for police work is the regulation of public relations by law means in regard to external incentives for police officers to highly professional, conscientious and dedicated performance of professional and official tasks, functions and powers, as well as their encouragement to achieve positive results in this work. It has been emphasized that the need for legal regulation of incentives for police work is due to the fact that, first of all, employees must know and understand what they can expect in case of successful, dedicated, high-quality and effective performance of their duties and responsibilities, as well as what they can expect in case of improper (not effective, in terms of the violation of law, official discipline, norms of public morality, professional ethics, etc.) perfomance of their powers; secondly, work incentives are provided not only through positive motivation and encouragement, i.e. in the form of receiving appropriate remuneration by a police officer or public recognition of his or her merits, but also through the possibility of prosecuting a police officer for improper performance of official duties. The author has proved that it would be appropriate to provide the right of other subjects, such as members of the public, to raise the issue of encouraging a police officer in order to reduce the dependence of police officers on their immediate superiors in terms of incentives for conscientious work and special merits to society, since police officers serve not the superior officer, but to the people of Ukraine. It has been clarified that the normative principles of implementing the incentive measures within the system of police agencies cause certain remarks that do not allow to consider incentives as an unequivocally effective tool for influencing the efficiency and quality of police officers’ performance of their professional tasks, functions and responsibilities; a tool that really encourages them to selfless and conscientious work in the interests and for the benefit of the people of our state.

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