scholarly journals The Right to Litigation as a Prisoner Serving Sentence

2017 ◽  
Vol 8 (1) ◽  
pp. 23
Author(s):  
Rashid Hamed Al Balushi
Keyword(s):  
Civil Rights ◽  
Stages Of Change ◽  
Judicial Review ◽  
Penal Code ◽  
Sultanate Of Oman ◽  
Bodily Harm ◽  
New Approach ◽  
New Era ◽  
The Right ◽  
Shed Light

In the Sultanate of Oman, as well as many other countries around the world, the treatment of prisoners underwent many similar stages of change. The most popular form of punishment was inflicting bodily harm, a punishment solely based on condemning the convicted more than enforcing actual reform and change. This approach in return created an atmosphere of lack of education and knowledge in the prison system, however this situation changed when a new era dawned on the Sultanate, on the 23rd of November 1970, led by His Highness Sultan Qaboos bin Said, providing a new approach to the system of prisons and rule of punishments. This change was brought forth and delegated by the country’s Penal Code 1974/7, Prison Law 94/48, Penal Code Procedures 1999/97s and the Prison law implementing regulations guide 2009/56 on the enforcement of penalties. This research will shed light on the issue of claiming the right to litigate as a fundamental right for prisoners when serving their sentence as the right to bring forth a legal action is one of the most important civil rights a prisoner can have when serving their sentence; a right that is also embedded in the country’s basic statue for every citizen and resident. This involves giving the prisoner access to contact judicial authorities or a defense representative. The research will approach this matter as a whole by clarifying the main issue and factors involved with reference to the law. The research is divided into three main discussion areas, the first being the prisoner’s right to contact judicial authorities for defense during the enforcement of their penalty. The second area will study the prisoner’s right on interpleading in penal enforcement, whilst the third will examine the prisoner’s right to appeal Supreme Court, the right to judicial review made while the prisoner is still serving their current sentence. The research will conclude with my findings as well as recommendations. 

scholarly journals Influence of Subjective Civil Rights Protection on the Dynamics of Contractual Obligations

2019 ◽  
pp. 67-79
Author(s):  
Oleh OMELCHUK
Keyword(s):  
Civil Rights ◽  
Stages Of Change ◽  
Scientific Article ◽  
Legal Rules ◽  
Legal Relationship ◽  
Person Features ◽  
Contractual Obligations ◽  
The Moment ◽  
The Right ◽  
Self Protection

The scientific article explores the influence of methods of protection of subjective civil rights on the dynamics of contractual binding legal relations. Scientific approaches to understanding the concepts of «protection» and «protection of civil rights» have been identified. Reference is made to the relevance of the concept of «protection of civil rights» as the application of a system of methods provided for by law aimed at «termination of violation, restoration or recognition of a civil right or compensation of damages caused to the entitled person». Features are described and the concept of ways to protect subjective civil rights is defined. The concepts of «means of protection» and «measures of protection» are distinguished. Special and general ways of civil rights are described. It is concluded that special ways of protecting civil rights are provided for in the legal rules governing specific legal relations, in particular with regard to contractual binding legal relations. It is determined that civil law grants every person the right to protection of his civil right in case of its violation, non-recognition or challenge. It is stated that certain types of contractual obligations apply means of protection, which are measures of liability. The relationship between «operational measures» and «methods of self-protection» has been studied, and it has been determined that operational measures are a form of self-protection methods, as they have a number of common features. It has been proven that any legal relationship is in the dynamics associated with legal facts from the moment of its occurrence to the moment of termination, which are mostly distant from each other in time and space. It is justified that both general and special ways of protecting civil rights are possible at the stage of the establishment of a contractual binding legal relationship. Along with the emergence of a legal relationship, the stages of change and termination of the legal relationship occupy a place.

scholarly journals О РОМАНИЗАЦИЈИ СТАНОВНИШТВА НА ЈУГУ ПРОВИНЦИЈЕ ДАЛМАЦИЈЕ НА ОСНОВУ ИСТОРИЈСКИХ ИЗВОРА (Примјери из источне Херцеговине)

TEME ◽  
2020 ◽  
pp. 173
Author(s):  
Глигор Самарџић
Keyword(s):  
Civil Rights ◽  
Urban Areas ◽  
Road Construction ◽  
The South ◽  
Historical Sources ◽  
The West ◽  
Roman Culture ◽  
The Right ◽  
Shed Light

The paper presents data on the politics of romanization of the population in the south of the province of Dalmatia (east Herzegovina) using historical sources. After the Roman invasion of Illyria and the introduction of education to the province of Dalmatia at the beginning of the 1st century AD, the Romans built a system of fortresses on important strategic points, followed by road construction, settlement construction, populating the area with veterans and the Italic people, giving civil rights and establishing a tradition of worshipping Roman gods. This was the time of not just territorial, but ethnic and infrastructural changes as well. According to the epigraph statues, the territory of today’s east Herzegovina was inhabited by the locals, as well as Roman citizens (cives Romani) during this period in history. The influence of the Italic people was considerable because the introduction and importance of the Roman culture and civilization, as well as the Roman lifestyle, were helped mostly by the Italic people who inhabited urban areas. They brought with themselves every single achievement of the Roman civilization, which influenced the locals in various ways. Epigraph statues, various archeological records and oral sources shed light, to a certain degree, on the different influences on the territory of east Herzegovina. East Herzegovina covers the area spreading from the left banks of the Neretva River in the west to the right banks of the Trebišnjica River in the east.  

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

James Bryce and the Australian Constitution

2015 ◽  
Vol 43 (2) ◽  
pp. 177-200
Author(s):  
Stephen Gageler
Keyword(s):  
United States ◽  
Judicial Review ◽  
Constitutional Law ◽  
The United States ◽  
United States Constitution ◽  
Constitutional Development ◽  
Practical Operation ◽  
Responsible Government ◽  
Shed Light

James Bryce was a contemporary of Albert Venn Dicey. Bryce published in 1888 The American Commonwealth. Its detailed description of the practical operation of the United States Constitution was influential in the framing of the Australian Constitution in the 1890s. The project of this article is to shed light on that influence. The article compares and contrasts the views of Bryce and of Dicey; Bryce's views, unlike those of Dicey, having been largely unexplored in contemporary analyses of our constitutional development. It examines the importance of Bryce's views on two particular constitutional mechanisms – responsible government and judicial review – to the development of our constitutional structure. The ongoing theoretical implications of The American Commonwealth for Australian constitutional law remain to be pondered.

scholarly journals The European Committee of the Regions as a watchdog of the principle of subsidiarity

2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert
Keyword(s):  
European Commission ◽  
Legislative Process ◽  
European Committee ◽  
Legislative Proposal ◽  
The Right ◽  
Committee Of The Regions ◽  
Regional Funds ◽  
Shed Light ◽  
The Eu

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.

scholarly journals Taking advantage of Covid-19 to improve hospital models of care: are we moving in the right direction?

2021 ◽  
pp. 1-7
Author(s):  
Raffaella Gualandi ◽  
Anna De Benedictis
Keyword(s):  
Hospital Management ◽  
Models Of Care ◽  
Patient Needs ◽  
Model Of Care ◽  
Letter To The Editor ◽  
Rapid Changes ◽  
Improve Hospital ◽  
The Right ◽  
Shed Light

Abstract In this letter to the Editor, we shed light on the rapid changes the Covid-19 virus has generated in hospital management. Recent experiences in the field aim to reorganizing hospital processes and policies. In this new scenario, new patient needs emerge, and a change in the hospital model of care should include them.

From Property Rights to Liberty Rights: We the Corporations, A Review Essay

2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Political Process ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
State Action ◽  
Unequal Treatment ◽  
The People ◽  
The Right ◽  
We The People

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?

PERSECUTION AND THE ART OF FREEDOM: ALEXIS DE TOCQUEVILLE ON THE IMPORTANCE OF FREE PRESS AND FREE SPEECH IN DEMOCRATIC SOCIETY

2020 ◽  
Vol 37 (2) ◽  
pp. 190-208
Author(s):  
Khalil M. Habib
Keyword(s):  
Free Speech ◽  
Freedom Of Speech ◽  
Freedom Of The Press ◽  
Alexis De Tocqueville ◽  
Free Society ◽  
Free Press ◽  
Constituent Element ◽  
The Press ◽  
The Right ◽  
Shed Light

AbstractAccording to Tocqueville, the freedom of the press, which he treats as an extension of the freedom of speech, is a primary constituent element of liberty. Tocqueville treats the freedom of the press in relation to and as an extension of the right to assemble and govern one’s own affairs, both of which he argues are essential to preserving liberty in a free society. Although scholars acknowledge the importance of civil associations to liberty in Tocqueville’s political thought, they routinely ignore the importance he places on the freedom of the press and speech. His reflections on the importance of the free press and speech may help to shed light on the dangers of recent attempts to censor the press and speech.

The Embalming Art in the Modern Age: The Mummies of Caroline, Letizia and Joachim-Napoleon Agar as Examples of Funerary Rites in the Napoleonic Empire

Nuncius ◽  
2012 ◽  
Vol 27 (2) ◽  
pp. 309-329 ◽  
Author(s):  
Silvia Marinozzi
Keyword(s):  
Early Modern ◽  
Early Modern Period ◽  
Systematic Investigation ◽  
Ancient Egyptian ◽  
Modern Age ◽  
Kingdom Of Naples ◽  
History Of ◽  
Funerary Rites ◽  
The Right ◽  
Shed Light

In the early 1980s a systematic investigation was begun by G. Fornaciari and his staff of a series of mummies from central and southern Italy, and in particular of important Renaissance remains. The study of a substantial number of artificial mummies has shed light on the human embalming techniques connected with the methods and procedures described by medical and non-medical authors in the early modern period. This has made it possible to reconstruct the history of the art of mummification, from the ‘clyster’ techniques to the partial or total evisceration of the corpse, to the intravascular injection of drying and preserving liquors. In addition to the bodies of Aragonese princes and members of the Neapolitan nobility, interred in the Basilica of San Domenico in Naples are the remains of important French personages dating to the modern age. Among the tombs arranged in two parallel rows to the right of the balcony are four sarcophagi containing the bodies of the wife and three children of Jean Antoine Michel Agar, who served as the Minister of Finance of the Kingdom of Naples from 1809 to 1815. The type of wrapping used for the corpses of the children presents strong analogies to those of ancient Egyptian mummies.

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