scholarly journals Interpreting choices: what can we infer from where our ancestors married?

2021 ◽  
pp. 75-106
Author(s):  
Rebecca Probert
Keyword(s):  
Religious Affiliation ◽  
National Level ◽  
Legal Framework ◽  
Level Statistics ◽  
Different Characteristics

This article analyses a sample of 1,052 weddings reported by family historians as taking place between 1837 and 1952 in order to build up a picture of the characteristics of those marrying in a register office or registered place of worship under the Marriage Act 1836. It situates this data in the context of the national-level statistics in order to provide a more nuanced picture of the religious affiliation of those marrying in a registered place of worship and to determine whether those who married in the register office exhibited different characteristics to those who did not. It also analyses the changing legal framework in order to show how this determined the options that were available to couples at different times. Finally, it identifies what inferences can be drawn from the wording on the marriage certificate, for example whether a marriage is recorded as being conducted ‘by’ or ‘before’ a particular person or ‘according to the rites and ceremonies of the parties’.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

scholarly journals Barriers to Biosimilar Prescribing Incentives in the Context of Clinical Governance in Spain

2021 ◽  
Vol 14 (3) ◽  
pp. 283
Author(s):  
Félix Lobo ◽  
Isabel Río-Álvarez
Keyword(s):  
Health Services ◽  
Trade Unions ◽  
National Level ◽  
Professional Associations ◽  
Legal Framework ◽  
Clinical Governance ◽  
Monetary Incentives ◽  
Public System ◽  
The Public ◽  
Micro Level

Incentives contribute to the proper functioning of the broader contracts that regulate the relationships between health systems and professionals. Likewise, incentives are an important element of clinical governance understood as health services’ management at the micro-level, aimed at achieving better health outcomes for patients. In Spain, monetary and non-monetary incentives are sometimes used in the health services, but not as frequently as in other countries. There are already several examples in European countries of initiatives searching the promotion of biosimilars through different sorts of incentives, but not in Spain. Hence, this paper is aimed at identifying the barriers that incentives to prescribe biosimilars might encounter in Spain, with particular interest in incentives in the framework of clinical governance. Both questions are intertwined. Barriers are presented from two perspectives. Firstly, based on the nature of the barrier: (i) the payment system for health professionals, (ii) budget rigidity and excessive bureaucracy, (iii) little autonomy in the management of human resources (iv) lack of clinical integration, (v) absence of a legal framework for clinical governance, and (vi) other governance-related barriers. The second perspective is based on the stakeholders involved: (i) gaps in knowledge among physicians, (ii) misinformation and distrust among patients, (iii) trade unions opposition to productivity-related payments, (iv) lack of a clear position by professional associations, and (v) misalignment of the goals pursued by some healthcare professionals and the goals of the public system. Finally, the authors advance several recommendations to overcome these barriers at the national level.

El principio de autonomía local en el régimen vasco del gobierno local

2017 ◽  
pp. 81-106
Author(s):  
Luciano PAREJO ALFONSO
Keyword(s):  
Local Government ◽  
Legal System ◽  
National Level ◽  
Legal Framework ◽  
Government Effectiveness ◽  
Full Development ◽  
Territorial Organization ◽  
Broad Interpretation

LABURPENA: Lan honen hasieran toki-gobernuaren EAEko araubide legalari dagokion planteamendua zehaztu da, baita estatu mailako esparru konstituzionalean eta legalean txertatzeko baldintzak ere (modu zabal eta ulergarrian interpretatuz bai Tokiko Autonomiaren Europako Gutunaren, bai Europar Batasuneko jatorrizko eskubidearen aurreikuspenak); planteamendu horrek, ondorioz, Euskadiko lurralde-antolaketa berezian bete beharko duen funtzioa ere aztertu da; jarraian, toki-autonomiaren printzipioaren erabateko garapena identifikatu du, EAEko legelariaren funtsezko helburu gisa, eta definitutako toki-gobernuaren estatutuan helburu horrek izango lituzkeen ondorioak argitu ditu. Oinarri horretatik abiatuta tokiko autonomiaren kontzepzioa aztertu du, eta horri erantzuten dio; bukatzeko, aipatutako autonomiaren eraginkortasuna bermatzeko baliatutako prebentzio-mekanismo berritzaileak azaldu ditu. RESUMEN: Este trabajo comienza por precisar el planteamiento a que responde el régimen legal vasco del gobierno local, los términos de su inserción en el marco constitucional y legal estatal (interpretado correctamente de forma amplia y comprensiva, por tanto, de las previsiones tanto de la Carta Europea de Autonomía Local, como del Derecho originario de la Unión Europea) y la consecuente función que está destinado a cumplir en la peculiar organización territorial de Euskadi, para identificar seguidamente el pleno desarrollo del principio de autonomía local como objetivo fundamental del legislador vasco y precisar las consecuencias de tal objetivo en el estatuto del gobierno local que define. Sobre esta base analiza la concepción de la autonomía local en la que descansa y a la que el mismo responde para concluir con la exposición de los novedosos mecanismos preventivos que pone al servicio de la garantía de la efectividad de la referida autonomía. ABSTRACT: This paper aims at specifying the legal system rationale for the Basque Country’s local government, the terms of its insertion within the Constitutional and legal framework at the National level –with a broad interpretation, including, therefore, both, the European Charter of Local Self-Government, and the European Primary Law-, and the resulting role this legal system has to play in the special territorial organization of Euskadi. Following that, the paper tries to identify the full development of the principle of local self-government as the main objective of the Basque legislator, indicating its consequences within the local government statute defined by it. On this basis, the paper analyzes the local self-government conception of the principle previously indicated, and concludes outlining new preventive mechanisms that are placed in the service of the referred self-government effectiveness.

scholarly journals Witness protection in the criminal justice system of the Baham

2020 ◽  
Vol 12 (1) ◽  
pp. 167-194
Author(s):  
David Baxter Bakibinga
Keyword(s):  
Criminal Justice ◽  
National Level ◽  
Legal Framework ◽  
The Bahamas ◽  
Protection Measures ◽  
Policy Makers ◽  
Criminal Justice Systems ◽  
The Government ◽  
Aid Policy

Witness protection is now firmly entrenched in the modern criminal justice systems especially in jurisdictions dealing with organized and violent crime. The decision by the government of The Commonwealth of The Bahamas to enact legislation in respect to procedural and non-procedural measures for protection of witnesses is commendable, given that violent and organized crime is rife in the country. This article highlights the basic tenets of witness protection and the legal framework, both at the international and national level. It also addresses the role of key duty bearers in the process of witness protection. Furthermore the procedural and non-procedural measures taken by law enforcement officers in The Bahamas are explored. And lastly, the challenges encountered in the implementation of the witness protection measures in The Bahamas are examined. This is intended to aid policy makers, advisers and those entrusted with decision making, like parliamentarians, to devise means and ways to eradicate and/or mitigate challenges faced in the implementation of witness protection measures in The Bahamas.

scholarly journals THE LEGISLATION IN THE SPHERE OF COUNTERACTION OF CORRUPTION: RUSSIA AND CHINA (COMPARATIVE LEGAL ASPECT)

2017 ◽  
Vol 3 (3) ◽  
pp. 93-98
Author(s):  
Вячеслав Севальнев ◽  
Vyacheslav Sevalnev
Keyword(s):  
Russian Federation ◽  
Legal Aspect ◽  
National Level ◽  
Legal Framework ◽  
Republic Of China ◽  
Legislative Procedures ◽  
Legal Space ◽  
The Russian Federation ◽  
Financial Monitoring ◽  
Monitoring Service

The article considers the actual issues of combating corruption in the Russian Federation and People’s Republic of China. The author conducts a comparative analysis of legislation in the sphere of anti-corruption in Russia and China. The study identified the main approaches in combating corruption in both countries. The author proposes a periodization of the process of formation of anti-corruption legislation in both countries. The author distinguishes three main stages in the development of Russian legislation in the anti-corruption sphere and four stages in the development of similar legislation in China. On the basis of the conducted analysis the author concludes that the anti-corruption legislation of Russia and China, mostly already formed, however, within the legal framework of China, unlike Russia, has not yet been adopted the basic anti-corruption legislative act. The author also notes that in China in anti-corruption legislation widely use a subordinate rule-making and regulations of innerparty character, which can be attributed to regulations at national level, in Russia anti-corruption legislation is divided into the Federal normative legal acts, laws and other normative legal acts of bodies of constituent entities of the Russian Federation and municipal legal acts. The author also notes that PRC authorities in addition to legislative procedures widely use the program to search and return “runaway” officials. This approach is really interesting for the relevant Russian bodies, such as the Federal financial monitoring service and requires further scientific understanding to explore the possibility of using in Russian legal space and law enforcement.

scholarly journals HARMONIZATION OF ASEAN LAWS ON PROTECTION OF MIGRANT WORKERS AGAINST HUMAN TRAFFICKING

2018 ◽  
Vol 3 (2) ◽  
pp. 99-108
Author(s):  
Zainal Amin Ayub ◽  
Zuryati Mohammed Yusoof
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
National Level ◽  
Legal Protection ◽  
Legal Framework ◽  
New Era ◽  
Asean Country ◽  
Asean Countries

The realization of ASEAN Community 2015 opens a hope of a new era for migrant workers amongst its member countries. The hope is on the comprehensive legal protection for migrant workers against injustice as well as trafficking in the ASEAN Communities. This article aims to looks into the legal framework within few ASEAN countries that provides protection for migrant workers against injustice and human trafficking, and the available recourse to justice for them in case they become the victim of human trafficking. Malaysia becomes the case study as lesson learnt. Doctrinal methodology is adopted in this article. It is found that, in regards to protection of migrant workers, despite the establishment of ASEAN Community 2015, the laws on this regard are scattered. A few members of ASEAN Community are reluctant to embed the protection of migrant workers into their national laws. Also, it is found that ASEAN country like Malaysia has the laws at national level to curb human trafficking of migrant workers. However, though the laws seem to be comprehensive, the effectiveness of its implementation and enforcement of the laws are yet to be seen. It is suggested that the laws on protection of migrant workers to be harmonized and standardised between members of ASEAN Community and the cooperation within members of ASEAN should be enhanced at every level.

Part I Rationales for State Aid Rules, 4 The Legal Framework to Subsidies and State Aid Review

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
National Level ◽  
Great Influence ◽  
Legal Framework ◽  
State Aid ◽  
Eu Member States ◽  
Procedural Law ◽  
Legitimate Interests ◽  
General Principles Of Law ◽  
Multi Level ◽  
Procedural Rights

This chapter assesses the legal framework of the multi-level system of State aid and subsidies control not only on the level of the EU but also on the international level—the World Trade Organization (WTO)—and the national level by EU Member States. The control of subsidies and State aids as a multi-level phenomenon has been a laboratory of design solutions for procedural law provisions, enforcement techniques, and the development of general principles of law. It is one of the fields of law which has been most influential for the development of modern public law as a multi-level legal system with several constitutionalized levels. Not only by the sheer force of numbers and issues raised, State aid and subsidies cases have had a great influence on the development of procedural rights such as defence rights. It also added to the clarification of notions of discretion, the protection of legitimate interests, and principles of equality.

Legal Rules for the Response and Recuperation Before the Phenomenon of El Niño Costero, Peru, 2017

2019 ◽  
Vol 13 (5-6) ◽  
pp. 845-848
Author(s):  
Celso Bambaren ◽  
Maria del Socorro Alatrista
Keyword(s):  
Emergency Response ◽  
El Niño ◽  
Disaster Response ◽  
El Nino ◽  
National Level ◽  
Legal Framework ◽  
Economic Resources ◽  
Legal Norms ◽  
Legal Rules ◽  
Municipal Level

ABSTRACTObjective:The aim of this study was to identify regulations that were established and implemented as an emergency disaster response to intense rain and floods generated by the El Niño coastal phenomenon.Methods:A search was conducted for the legal norms approved and published between December 1, 2016 and December 31, 2017, in El Peruano, Peru’s official newspaper. Twenty legal norms involved disaster emergency response, rehabilitation, and the reconstruction of the affected regions.Results:Forty-six legal norms were identified, of which 41% were aimed at the declaration of emergencies and alerts, 22% to facilitate the management of economic resources, and 13% for coordination actions. Sixty-two percent of the approved standards were set for the regional level, 22% for the national level, 7% for the municipal level, and the remaining 10% corresponded with more than 1 level of government.Conclusions:The actions during and after the El Niño coastal phenomenon required the approval of standards included in the legal framework of Peru’s disaster risk management, as well as a large number of unforeseen standards to address existing regulatory gaps and specific problems that occurred during this natural disaster.

Determinants of Self-Employment Entry

2020 ◽  
pp. 834-861
Author(s):  
Nadia Simoes ◽  
Sandrina B. Moreira ◽  
Nuno Crespo
Keyword(s):  
Logit Model ◽  
National Level ◽  
Regional Level ◽  
Individual Data ◽  
Binary Logit Model ◽  
Self Employment ◽  
Level Statistics ◽  
Heads Of Household ◽  
Main Determinants ◽  
Low Educated

Self-employment is increasingly an attractive labor market option worldwide. In a European context, Portugal is well-known for displaying one of the highest rates of self-employment. This study explores the main determinants of the probability to enter into self-employment in Portugal. We present results from a binary logit model using individual data drawn from national-level statistics. Our findings suggest that individuals older than 35, males, married, low educated, individuals with previous experience, and heads of household are expected to enter self-employment. The empirical study also reveals important differences regarding households' compositions and dimensions, current and former unemployment levels, and at a regional level in Portuguese NUTS II.

Australia Burning

2003 ◽  
Keyword(s):  
Social Sciences ◽  
Public Policy ◽  
Fire Management ◽  
Fire Regime ◽  
National Level ◽  
Legal Framework ◽  
Fire Behaviour ◽  
Community Issues ◽  
Indigenous Land ◽  
Key Questions

The phenomenon of fire in the Australian landscape traverses many interests and disciplines. At a national level, there is an urgent need for the integration of both the natural and social sciences in the formulation of public policy. With contributions from 30 leading experts, Australia Burning draws together these issues, under the themes: Ecology and the environment Fire behaviour and fire regime science People and property Policy, institutional arrangements and the legal framework Indigenous land and fire management The book examines some of the key questions that relate to the ecology, prediction and management of fire, urban planning, law, insurance, and community issues, including indigenous and non-indigenous concerns. It looks at what we need to know to inform public policy, given the present risks and uncertainty, and explores the avenues for closer integration between science, policy and the community.

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