scholarly journals Analytical Approach on the Law Regarding Sexual Violence between Indonesia and the United Kingdom

2021 ◽  
Vol 5 (2) ◽  
pp. 183-194
Author(s):  
Irvanaries Irvanaries ◽  
David Tan
Keyword(s):  
United Kingdom ◽  
Sexual Assault ◽  
Sexual Violence ◽  
Criminal Law ◽  
Analytical Approach ◽  
Rome Statute ◽  
The United Kingdom ◽  
The People ◽  
The Right ◽  
The Ideal

Criminal deeds bring disaster to the life of the people in general, and rights of many are to be stripped of from them without their consent which is then becomes the urgency on why criminal law needs to be enacted and applied. In its provisions, criminal law regulates about sexual violences. It has a potential to caused harm both physically and mentally towards its victim. However, the problem with the system is that at some point, the ideal justice is not met in its enforcement. Indonesian constitution is yet to enact a regulation to restrain or to impose more assertive measures on sexual violences. One of the examples is how rape is recognized only if the victim is a woman who is not the wife of the perpetrator.  This idea does not fully protect the right of others who becomes a victim of sexual assault which doesn’t fulfil the ideal justice within the constitution. Comparing to how the United Kingdom sentenced Reinhard Sinaga to prison for life as the consequences of his deed, the authors want to create a comparison on the criminal law in both countries based on Rome Statute of ICC and to discover in what way can Indonesia’s criminal law improve.

10. Devolution in Scotland

2019 ◽  
pp. 270-295
Author(s):  
Aileen McHarg
Keyword(s):  
United Kingdom ◽  
Political Representation ◽  
Two Dimensions ◽  
The Political ◽  
The United Kingdom ◽  
Scottish Parliament ◽  
The People ◽  
The Status ◽  
Historical Trajectory ◽  
The Right

Scotland’s devolved Parliament and Government were established in 1999 under the Scotland Act 1998. The current devolved arrangements build upon earlier institutional arrangements for the distinctive governance of Scotland, elements of which date back to the Union of 1707. By creating both a distinct legislature and separate institutions of political representation for Scotland, the 1999 reforms were nevertheless of profound constitutional significance. This chapter traces the development of devolved government in Scotland, arguing that the history of Scottish devolution is best understood as a response to nationalist sentiment: the assertion of the right of the people of Scotland to self-governance and self-determination. The historical trajectory has been one of increasing autonomy and constitutional recognition, and this pattern has continued since 1999 (culminating in an—unsuccessful—referendum in 2014 on the question whether Scotland should become wholly independent of the United Kingdom). However, despite the extensive powers enjoyed by, and the political importance of, the Scottish Parliament and Government, the status of devolution within the United Kingdom constitution is ambiguous and contested. The chapter also explores the constitutional status of devolution across two dimensions: the juridical—i.e. how the powers of the Scottish Parliament and Government are understood and interpreted by the courts; and the political—how the devolved Scottish institutions relate to their counterparts at UK level. The chapter ends by exploring how the tensions between Scotland’s powerful political claims for constitutional recognition, yet weak legal protection, have played out in relation to Brexit, and may play out in future in a Scottish political context still dominated by the independence question.

The Right to Bodily Integrity

2018 ◽  
Author(s):  
Alison Brysk
Keyword(s):  
Sexual Assault ◽  
Sexual Violence ◽  
Public Space ◽  
Transitional Justice ◽  
The United States ◽  
Bodily Integrity ◽  
Global Pattern ◽  
Popular Resistance ◽  
Wide Range ◽  
The Right

In Chapter 7, we profile the global pattern of sexual violence. We will consider conflict rape and transitional justice response in Peru and Colombia, along with the plight of women displaced by conflict from Syria and Central America, and limited international policy response. State-sponsored sexual violence and popular resistance to reclaim public space will be chronicled in Egypt as well as Mexico. We will track intensifying public sexual assault amid social crisis in Turkey, South Africa, and India, which has been met by a wide range of public protest, legal reform, and policy change. For a contrasting experience of the privatization of sexual assault in developed democracies, we will trace campus, workplace, and military rape in the United States.

Strike Ballots, Democracy, and Law

2020 ◽  
Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston
Keyword(s):  
United Kingdom ◽  
The United States ◽  
International Labour Organisation ◽  
Human Right ◽  
Strike Activity ◽  
Legal Rules ◽  
Worked Example ◽  
The United Kingdom ◽  
Democratic Rights ◽  
The Right

The purpose of the research upon which this book is based was empirically to investigate whether the ballot requirements in the Fair Work Act do indeed impose a significant obstacle to the taking of industrial action, and whether those provisions are indeed impelled by a legitimate ‘democratic imperative’. The book starts from the proposition that virtually all national legal systems, and international law, recognise the right to strike as a fundamental human right. It acknowledges, however, that in no case is this recognition without qualification. Amongst the most common qualifications is a requirement that to be lawful strike action must first be approved by a ballot of workers concerned. Often, these requirements are said to be necessary to protect the democratic rights of the workers concerned: this is the so-called ‘democratic imperative’. In order to evaluate the true purpose and effect of ballot requirements the book draws upon the detailed empirical study of the operation of the Australian legislative provisions noted above; a comparative analysis of law and practice in a broad range of countries, with special reference to Canada, South Africa, the United Kingdom and the United States; and the jurisprudence of the supervisory bodies of the International Labour Organisation. It finds that in many instances ballot requirements – especially those relating to quorum – are more concerned with curtailing strike activity than with constructively responding to the democratic imperative. Frequently, they also proceed from a distorted perception of what ‘democracy’ could and should entail in an industrial context. Paradoxically, the study also finds that in some contexts ballot requirements can provide additional bargaining leverage for unions. Overall, however, the study confirms our hypothesis that the principal purpose of ballot requirements – especially in Australia and the United Kingdom – is to curtail strike activity rather than to vindicate the democratic imperative, other than on the basis of a highly attenuated reading of that term. We believe that the end-result constitutes an important study of the practical operation of a complex set of legal rules, and one which exposes the dichotomy between the ostensible and real objectives underpinning the adoption of those rules. It also furnishes a worked example of multi-methods empirical, comparative and doctrinal legal research in law, which we hope will inspire similar approaches to other areas of labour law.

Centros Ltd—A Complete U-Turn in the Right of Establishment for Companies?

2000 ◽  
Vol 49 (3) ◽  
pp. 621-642 ◽  
Author(s):  
Anne Looijestijn-Clearie
Keyword(s):  
United Kingdom ◽  
Member State ◽  
European Court Of Justice ◽  
The United Kingdom ◽  
Court Of Justice ◽  
European Court ◽  
Registered Office ◽  
Set Up ◽  
The Right ◽  
A Company

InCentros Ltd and Erhvers-og Selskabsstyrelesen (hereinafter Centros),1 the European Court of Justice ruled that it is contrary to Article 52 (now Article 432) and Article 58 (now Article 48) of the EC Treaty for the authorities of a member State (in casu Denmark) to refuse to register a branch of a company formed under the law of another member State (in casu the United Kingdom) in which it has its registered office, even if the company concerned has never conducted any business in the latter State and intends to carry out its entire business in the State in which the branch is to be set up. By avoiding the need to form a company there it would thus evade the application of the rules governing the provision for and the paying-up of a minimum share capital in force in that State. According to the Court, this does not, however, prevent the authorities of the member State in which the branch is to be set up from adopting appropriate measures for preventing or penalising fraud, either with regard to the company itself, if need be in co-operation with the member State in which it was formed, or with regard to its members, where it has been determined that they are in fact attempting, by means of the formation of a company, to evade their obligations towards creditors established in the territory of the member State of the branch.

The Right to Freedom of Thought in the United Kingdom

2021 ◽  
pp. 1-25
Author(s):  
Frank Cranmer
Keyword(s):  
United Kingdom ◽  
Political Debate ◽  
The United Kingdom ◽  
Repeated Calls ◽  
Highly Sensitive ◽  
Domestic Legislation ◽  
International Obligations ◽  
Freedom Of Thought ◽  
The Right

Abstract The United Kingdom is bound by international obligations to uphold ‘the right to freedom of thought, conscience and religion’ and domestic legislation reflects those obligations. The courts have held that to be protected, a belief must genuine, must not be a mere opinion, must attain a certain level of cogency, seriousness and importance and must be ‘worthy of respect in a democratic society’. How this plays out, however, in areas such as education, children’s rights and employment is highly sensitive to the specific facts of each case – which are often inconsistent, as the article explains. Much of the article examines the decisions of the courts in individual cases. It concludes with a discussion of the possible trajectory of domestic political debate at a time when there have been repeated calls for a ‘British Bill of Rights’ and the Westminster Government is questioning more generally the constitutional role of the judiciary.

Open Democracy

2020 ◽  
Author(s):  
Hélène Landemore
Keyword(s):  
Political Institutions ◽  
Direct Democracy ◽  
New Paradigm ◽  
Democratic Representation ◽  
The People ◽  
Laws And Policies ◽  
The Right ◽  
Turn Over ◽  
The Ideal ◽  
Ordinary Citizens

To the ancient Greeks, democracy meant gathering in public and debating laws set by a randomly selected assembly of several hundred citizens. To the Icelandic Vikings, democracy meant meeting every summer in a field to discuss issues until consensus was reached. Our contemporary representative democracies are very different. Modern parliaments are gated and guarded, and it seems as if only certain people — with the right suit, accent, wealth, and connections — are welcome. Diagnosing what is wrong with representative government and aiming to recover some of the lost openness of ancient democracies, this book presents a new paradigm of democracy in which power is genuinely accessible to ordinary citizens. This book favors the ideal of “representing and being represented in turn” over direct-democracy approaches. Supporting a fresh nonelectoral understanding of democratic representation, the book recommends centering political institutions around the “open mini-public” — a large, jury-like body of randomly selected citizens gathered to define laws and policies for the polity, in connection with the larger public. It also defends five institutional principles as the foundations of an open democracy: participatory rights, deliberation, the majoritarian principle, democratic representation, and transparency. The book demonstrates that placing ordinary citizens, rather than elites, at the heart of democratic power is not only the true meaning of a government of, by, and for the people, but also feasible and, today more than ever, urgently needed.

Trusteeship Council

1960 ◽  
Vol 14 (2) ◽  
pp. 323-328 ◽  
Keyword(s):  
United Kingdom ◽  
Northern Region ◽  
Special Session ◽  
Adverse Conditions ◽  
The United Kingdom ◽  
Eligible Population ◽  
The People ◽  
History Of ◽  
United Kingdom Government ◽  
Duty To Inform

The Trusteeship Council held its tenth special session at UN Headquarters on December 4 and 16, 1959. Following the adoption of its agenda, the Council entered into consideration of the report of the UN Plebiscite Commissioner on the plebiscite in the northern part of the trust territory of the Cameroons under United Kingdom administration. In introducing the first part of the report, Mr. Abdoh, UN Plebiscite Commissioner, reviewed the history of his consultations with the United Kingdom government on arrangements for the organization of the plebiscite. He observed that, as a result of being administered for many years as an integral part of the northern region of Nigeria, the Northern Cameroons had previously had very little reality as a separate administrative entity; in fact, boundaries with the northern region of Nigeria had little significance, and tribal groups extended from that region into the trust territory and even beyond, to the Cameroons under French administration. Communications in the Northern Cameroons were poor, but, despite adverse conditions, the UN plebiscite staff had travelled extensively and had been able to meet both the people and their leaders. Mr. Abdoh added that he wished to stress the peaceful and orderly way in which polling had been conducted throughout the territory, and mentioned the results of the plebiscite, viz.: out of the 113,859 votes cast, 70,546 had been in favor of deciding the future of the Cameroons at a later date (alternative b), while 42,788 had indicated a preference for the Northern Cameroons' becoming a part of the northern region of Nigeria when Nigeria became independent (alternative a); 525 votes had been rejected. Approximately 80 percent of the estimated number of potential electors, and nearly 88 percent of the voters actually registered, had participated in the balloting; thus the greater part of the eligible population had taken part in the consultation, freely expressing their wishes in regard to the alternatives offered in the plebiscite. Mr. Abdoh had, however, felt it his duty to inform the Council of the view, which seemed to be prevalent among those who had voted for the second alternative, that the plebiscite had offered the people an opportunity of registering what was in effect a protest against the system of local adminstration, the introduction of reforms into which was apparently long overdue.

scholarly journals Default and Termination of Contract: A comparative Study between Indonesia and The United Kingdom

Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 469
Author(s):  
Akhmad Budi Cahyono
Keyword(s):  
United Kingdom ◽  
Comparative Study ◽  
Comparative Studies ◽  
Common Law ◽  
Contract Law ◽  
Legal Rules ◽  
Contractual Relationship ◽  
The United Kingdom ◽  
Injured Party ◽  
The Right

Default is something that often occurs in contractual relationship. It can be not perform its obligations in the contract in all or in a part, performing its obligations but not in accordance with was agreed, performing its obligations but not in time, and performing something that is prohibited in the contract. Due to default, the injured party may claim compensation and / or terminate the contract. The problem is, the Indonesian Civil Code does not specify how a contract can be terminated in case of default. Therefore, it is necessary to conduct a comparative study in other countries in terms of how a default can terminate the contract. The British which adopt common law tradition where jurisprudence is the main source of law is the right choice for conducting comparative studies. Countries with common law traditions have detailed legal rules based on jurisprudence. As in Indonesia, according to British contract law, defaults also can terminate the contract. However, unlike in Indonesia, according to British contract law, termination due to a default is only allowed in the event that the default is very serious. The very serious forms of default will be elaborated and become a part of the discussion in this paper.

scholarly journals Constructing the Ideology of the Right-Wing Radical Party in Modern United Kingdom: The Case of the United Kingdom Independence Party

2021 ◽  
Vol 23 (3) ◽  
pp. 446-462
Author(s):  
Mikhail S. Golovin
Keyword(s):  
United Kingdom ◽  
Initial Period ◽  
British Society ◽  
Right Wing ◽  
The European Union ◽  
Political Struggle ◽  
Frequent Change ◽  
Cultural Conditions ◽  
The United Kingdom ◽  
The Right

This article examines the update of ideological foundations of the largest right-wing radical party in Britain (and in the whole of Europe) - the United Kingdom Independence Party (UKIP). The subject of the research is the partys programmatic text, Manifesto for Brexit and Beyond, a document that is not limited to the discussion of Brexit alone. This document appeared at the end of 2019 and, despite the frequent change of leadership in the party during 2020, remained the ideological foundation of the organization after Brexit. The aim of the article is to analyze how the ideological base of the right-wing British radical party was formed in the socio-political realities of the initial period after the states exit from the European Union. The paper presents a discursive analysis of the main ideological document of one of UKIP, as well as identifies the ideological positions of British right-wing radicals at the present stage. Since the research is mainly practice-oriented, the main results are presented the data obtained through discourse analysis using to the method of R. Wodak. The data testify the changes that have been taking place in the discourse of the extreme right in Britain in recent years, as well as the prospects for its evolution in the coming years after Brexit. Studying UKIPs discourse, the author concludes that it forms depending on the political, social and cultural conditions that prevail in modern British society, as well as on the general European context. The article also shows how a modern right-wing radical party constructs its discourse using the most painful issues for the society within the framework of political struggle.

Revocation of Citizenship and Rule of Law: How Judicial Review Defeated Britain's First Denaturalization Regime

2018 ◽  
Vol 36 (2) ◽  
pp. 295-354 ◽  
Author(s):  
Patrick Weil ◽  
Nicholas Handler
Keyword(s):  
United Kingdom ◽  
Rule Of Law ◽  
Judicial Review ◽  
Political Order ◽  
Foreign Born ◽  
The Past ◽  
The United Kingdom ◽  
Global Trend ◽  
The Right ◽  
Western Democracies

Over the past decade, the United Kingdom has deprived an increasing number of British subjects of their citizenship. This policy, known as “denaturalization,” has been applied with particular harshness in cases where foreign-born subjects have been accused of terrorist activity. The increase is part of a global trend. In recent years, Canada, Australia, France, and the Netherlands have either debated or enacted denaturalization statutes. But Britain remains an outlier among Western democracies. Since 2006, the United Kingdom home secretary has revoked the citizenship of at least 373 Britons, of whom at least 53 have had alleged links to terrorism. This is more than the total number of revocations by Canada, France, Australia, and Netherlands combined. These developments are troubling, as the right to be secure in one's citizenship has been a cornerstone of the postwar European liberal political order, and of the international community's commitment to human rights.

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