scholarly journals "Treaty Principles": Constitutional Relations Inside a Conservative Jurisprudence

2008 ◽  
Vol 39 (1) ◽  
pp. 39
Author(s):  
PG McHugh
Keyword(s):  
New Zealand ◽  
Legal System ◽  
The State ◽  
Political Life ◽  
The Past ◽  
Broad Field ◽  
The Impact ◽  
Court Of Appeal

This article looks at the impact and afterlife of the groundbreaking Maori Council judgments handed down in the late 1980s by the Court of Appeal presided by the late Sir Robin Cooke (as he then was). This article refutes any notion of constitutional relations with Māori being founded on race despite unilateral (and long discarded) legal design tending towards that characterisation. The true pattern has been iwi-based and it has arisen from the continuity of whakapapa in the organization of Maori political life and relations with the state notwithstanding meddlesome but ultimately ineffectual legislative attempts to dilute tribalism. Over the past twenty plus years, the Treaty claims processes initiated in 1985 have accentuated and revitalised that tribalism. Far from licensing judicial interventionism "Treaty principles" are part of an embedded and conservative jurisprudence of Māori affairs. Their elimination from legislation would amputate a major segment of that jurisprudence. The courts, whose profile in this broad field (Treaty claims processes most notably) is mostly a resiling one, would respond by generating their own version. The legacy of Sir Robin Cooke’s court is deep-rooted and thoroughly integrated into the New Zealand legal system.

scholarly journals The Islamist Trend in Egyptian Law

2010 ◽  
Vol 3 (3) ◽  
pp. 610-630 ◽  
Author(s):  
Tamir Moustafa
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
The State ◽  
The Political ◽  
The Past ◽  
Islamic Jurisprudence ◽  
History Of ◽  
Socio Economic Variables ◽  
The Impact ◽  
Principle Source

AbstractThe past four decades have witnessed profound transformations in the Egyptian legal system and in the Egyptian legal profession. Article 2 of the Egyptian Constitution now enshrines Islamic jurisprudence as the principle source of law, thus establishing an important symbolic marker at the heart of the state and opening avenues for Islamist activists to press litigation campaigns in the courts. Additionally, the Islamist trend gained prominence within the legal profession, a development that is particularly striking given the long and illustrious history of the Lawyer's Syndicate as a bastion of liberalism. Despite these significant shifts, however, Islamist litigation has achieved only limited legal victories. This article traces the political and socio-economic variables that underlie the Islamist trend in Egyptian law, and examines the impact of Islamist litigation in the Egyptian courts.

Legal Consequences of Animal Hoarding in New Zealand

2016 ◽  
Vol 80 (4) ◽  
pp. 237-240
Author(s):  
Anita Killeen
Keyword(s):  
Mental Health ◽  
New Zealand ◽  
Legal System ◽  
Animal Cruelty ◽  
Legal Responsibility ◽  
The Past ◽  
Appeal Decision ◽  
Court Of Appeal ◽  
Legal Consequences

A 10-year prohibition against a defendant from owning or exercising authority over any animals has been upheld by the New Zealand Court of Appeal in an animal hoarding case which has progressed through the New Zealand legal system over the past 5 years. This comment reviews the Court of Appeal decision ( Kondratyeva v R CA6/2015 2015] NZCA 266 [23 June 2015]) and explores the increasing evidence of a mental health component in animal hoarding behaviour. It also discusses the stress and burden that animal hoarding cases places on the shelters that have the legal responsibility for prosecuting animal cruelty cases in New Zealand.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

Interaction of Russian business with science: Points of contact and stumbling blocks

2021 ◽  
pp. 103-138
Author(s):  
Yu. V. Simachev ◽  
M. G. Kuzyk
Keyword(s):  
New Products ◽  
The State ◽  
High Tech ◽  
Institutional Interaction ◽  
Russian Science ◽  
Academic Organizations ◽  
The Past ◽  
Domestic Science ◽  
Research Organizations ◽  
The Impact

The paper assesses the influence of science–business cooperation on the activity of firms, analyzes the factors of interaction of Russian companies with academic organizations and universities in the research sphere, identifies barriers to the development of cooperation between business and science. It has been established that companies whose source of innovation was external R&D were more likely to grow over the past 5 years and to create new products. However, a significant effect of the impact of cooperation with domestic research organizations was found only for the dynamics of exports. It is shown that cooperation with domestic science is more typical for high-tech industries and large Russian businesses. The factor inducing firms to outsource research is a significant level of competition. The high cost of external research services and their insufficient quality hinder the development of scientific and production cooperation. One can point to such a barrier as low interest of research organizations in the volume of orders that firms can offer. This is caused by weak institutional change in the Russian science, preservation of its orientation at the state and major players, which significantly limits the opportunities for institutional interaction of small innovative firms with science. It has been shown that the state quite effectively “pushes” companies to interact with research organizations and universities, but the results of such interaction are often unsatisfactory for firms.

scholarly journals Interactions Between the Invasive New Zealand Mudsnail (Potamopyrgus Antipodarum) and a Native Snail (Fossaria Bakerilymnaea Bulimoides Group) in the Greater Yeelowstone

2011 ◽  
Vol 33 ◽  
pp. 161-170
Author(s):  
Heather Thon ◽  
Amy Krist
Keyword(s):  
Invasive Species ◽  
New Zealand ◽  
American West ◽  
Biological Diversity ◽  
Potamopyrgus Antipodarum ◽  
The Past ◽  
Conservation Concern ◽  
And Function ◽  
New Zealand Mud Snail ◽  
The Impact

Understanding invasive species impacts is critical to determining how an ecosystem may function after an introduction. Invasive species can alter the structure and function of ecosystems, reduce biological diversity, and alter communities through predation, facilitation and competition. In the past 30 years, the invasive New Zealand mud snail (Potamopyrgus antipodarum) has established in areas of conservation concern in the American West including Yellowstone National Park. To develop a greater understanding of the impact of P. antipodarum on the native co-occurring snail, Fossaria (Bakerilymnaea) bulimoides group, we conducted two experiments to assess the interactions occurring between these snails. We found that F. bulimoides growth was reduced by all interactors, but especially by P. antipodarum. In addition, growth of F. bulimoides was much more affected by high biomass of snails than P. antipodarum. P. antipodarum grew more in the presence of interactors and their growth was facilitated by the presence of the native snail F. bulimoides.

Conclusion

On Sacrifice ◽  
2012 ◽  
Author(s):  
Moshe Halbertal
Keyword(s):  
The State ◽  
Political Life ◽  
The Core ◽  
The Past ◽  
Self Transcendence ◽  
The Sacrifice

This concluding chapter explains that sacrifice is an essential phenomenon of religious, ethical, and political life. In its two senses, as “sacrificing to” and “sacrificing for,” the linguistic use of the term covers immensely diverse experiences. It touches on ritual, atonement, substitution, self-transcendence, war, the responsibility to the past, and the state. Yet there is something at the core of this varied, rich phenomenon that justifies the use of the same word to express both meanings in so many languages. The term has to do with the identification of the sacrifice with the noninstrumental realm.

1. Introduction to Africa and its politics

2018 ◽  
pp. 1-10
Author(s):  
Ian Taylor
Keyword(s):  
Sustainable Development ◽  
Political History ◽  
Nation Building ◽  
The State ◽  
Political Life ◽  
Post Colonial ◽  
The Core ◽  
Sub Saharan ◽  
Core Questions ◽  
The Impact

Africa is a continent of over a billion people, yet questions of underdevelopment, malgovernance, and a form of political life based upon patronage are characteristic of many African states. ‘Introduction to Africa and its politics’ explains that the core questions underpinning this VSI centre on how politics is typically practised on the continent; the nature of the state in Africa; and what accounts for Africa’s underdevelopment. This VSI aims to appraise sub-Saharan Africa’s recent political history, examining post-colonial political structures, the impact of colonialism, and the form and nature of post-colonial states. The type of politics practised in many African states continues to be hostile to genuine nation building and broad-based, sustainable development.

Turkey's army reform could turn into power grab

2016 ◽  
Keyword(s):  
Armed Forces ◽  
The State ◽  
Political Life ◽  
The Political ◽  
Content Type ◽  
Constitutional Reforms ◽  
Military Relations ◽  
The Military ◽  
The Impact ◽  
Turkish Society

Subject The impact of the failed July coup on civilian-military relations. Significance The psychological impacts of the attempted coup across political life cannot be understated; it has far-reaching implications for the political, bureaucratic and even ideological structures of the Turkish Armed Forces (TSK). In the aftermath of the attempted putsch, President Recep Tayyip Erdogan is more determined than ever to alter the civilian-military machinery of government in Turkey radically. Impacts The purge and radical reforms will bring into question the TSK's operational and strategic reliability for Western partners. A permanently weakened TSK would ease the way for constitutional reforms strengthening Erdogan's grip on the state. It will take years to rebuild the confidence and prestige the military has lost among broad swathes of Turkish society. Any criticism of the TSK reforms, domestically or from abroad, will meet the authorities' fierce condemnation.

Akan stool succession under colonial rule—continuity or change?

1975 ◽  
Vol 16 (2) ◽  
pp. 285-301 ◽  
Author(s):  
David Henige
Keyword(s):  
Political Culture ◽  
Early Period ◽  
Colonial Period ◽  
Political Life ◽  
Colonial Rule ◽  
Fundamental Change ◽  
The Past ◽  
The Impact ◽  
Indirect Rule

This paper argues that interpretations which would view pre-colonial Akan political life as ‘normative’ and structured may be incorrect, at least in so far as stool succession is concerned. Contemporaneous evidence for this early period is at best sparse and at worst simply non-existent and seldom allows even tentative hypotheses. Rather, it is necessary to infer past practices from more recent data, whether this be observation of present behaviour or recent testimony about the past. In this case I have used the testimony presented at various stool and jurisdictional disputes during the colonial period for which records survive. These are generally, of course, ex parte statements and can be used only with caution. However, there is a surprising consensus throughout these records that both the principles and the patterns of stool succession and paramountcy in the pre-colonial period were variegated and even extemporaneous although, not surprisingly, there is much dispute about the reasons for this. On balance, this testimony suggests that a re-interpretation of early Akan political culture using a wider range of evidence is desirable.Although this implies that the impact of colonial ‘indirect’ rule was not as profound as has often been supposed, I have not discussed this problem directly except as it bears on the quality of the data. Nor have I attempted to analyse the day-to-day dynamics of political life, either for the earlier period (which would be impossible on the evidence) or for the colonial period (which would be irrelevant for comparison). Nevertheless, within the restricted compass of stool succession and paramountcy the argument here is that colonial rule involved little fundamental change from earlier practices. If anything, it probably served to delimit a greater range of previous options by seeking to codify them.

scholarly journals THE IMPACT OF PANDEMIC ON LEGAL SYSTEM: IMPACT ON ARBITRATION LAW

2020 ◽  
Vol 13 (2) ◽  
pp. 137-150
Author(s):  
Huala Adolf
Keyword(s):  
Legal System ◽  
The State ◽  
Judicial System ◽  
Broad Sense ◽  
System A ◽  
Force Majeure ◽  
Settlement Of Dispute ◽  
The Impact ◽  
System Impact

One of the impacts of the outbreak of COVID-19 is the state legal system. Legal system in a broad sense consists of legislation, the state’s legal personnel (executive) and the judicial system. A part of the judicial system is a private settlement of dispute by arbitration. Arbitration is subject to the arbitration law. The COVID-19 has forced the closure of the arbitration proceedings. This is a problem for arbitration. This article tried to analyse the possible solution to the closure of the proceedings. This article used the normative method by analysing the existing arbitration law and arbitration rules. This article argued, although arbitration may not be able to be commenced amid pandemic, that future arbitration law (and amendment of existing arbitration law) should foresee feasible events with a smaller ”pandemic”, i.e., epidemic and other force-majeure related events. This article recommended firstly, the introduction of provision(s), which recognizes virtual arbitration. Secondly, changes of some procedural issues in the arbitration proceedi ngs.

Sign in / Sign up

Export Citation Format

Share Document