scholarly journals STUDI KOMPARATIF PELAKSANAAN PERADILAN ISLAM DI NEGARA MALAYSIA DAN SAUDI ARABIA

Author(s):  
Yusrizal

The legal system in Malaysia State reflects the plural model which appears in English Malay Colony. Much of the area of life must be governed by a federal public body. The shariah Court in Malaysia known as the Shariah Court which is a judicial institution that speaks, and sentences to Muslims for civil and criminal misconduct according to the jurisdiction allocated to it. The Shariah Court has jurisdiction as stipulated by the Malaysian Constitution. While in Saudi Arabia Quran and Sunnah Rasulullah s.a.w is the Constitution of the State, and shariah as the basic law implemented by tribunals (courts) shariyah with ulama as Judges and counselors. The Saudi Arabia judiciary is formed based on Islamic shariah which is inseparable from the role of King Abdul Aziz bin Abdul Rahman as-Saud who plundered the territories

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.


2018 ◽  
pp. 137
Author(s):  
Nathan Martins Lemes ◽  
Miguel Belinati Piccirillo

ResumoHá elementos que constituem o Estado, apresentados a partir do artigo 18 da Constituição Federal. O ordenamento jurídico se apresenta como tendo dois tipos primordiais de normas, umas sendo sancionatórias e outras de organização. Há fatos que são vistos como obrigações formais dos cidadãos, mas não significa dizer que há democracia, esta passando por várias transformações ao longo da história. Estabelece-se no art. 18, na República Federativa, a constituição da União, Estados, Distrito Federal eMunicípios. Cada ente deve assumir um papel de responsabilidade pela luta da dignidade da pessoa humana (art. 1º). E o Direito no Estado entra para a garantia do mínimo de dignidade ao indivíduo. Vale muito mais um direito vivente do que apenas vigente, ou seja, o que realmente se vive socialmente e não apenas formalidades.Palavras chave: Democracia, Estado, Federação, República Federativa do Brasil.AbstractThere are elements that constitute the State, contained in article 18 of the Brazilian Constitution. Law appears to have two main types of norms, namely those that impose sanctions and norms of organization. Certain facts constitute obligations of citizens, although that does not imply that there is democracy, and they undergo several transformations through history. It is established in article 18 of the constitution of the Federal Government, of States, of the Federal District, and of Municipalities. Each entity must take on a role of responsibility for fghting for human dignity (article 1). Thus, State Law must aim to ensure a minimum of dignity to the individual. To this end, a living legal system is of more value it being merely valid, that is, it should live in society and not be only formalism.Keywords: Democracy, State, Federation, Federative Republic of Brazil.ResumenExisten elementos que constituyen el Estado, contenidos en el artículo 19 de la Constitución brasileña. El derecho aparece como dos tipos de normas, a saber, las que imponen sanciones, y normas de organización. Ciertos hechos constituyen obligaciones de los ciudadanos, aunque eso no implica que existe una democracia, pues esta pasa por múltiples cambios en la historia. El artículo 18 establece la constitución del Gobierno Federal, los Estados, el Distrito Federal, y las Municipalidades. Cada entidad debe asumir un rol de responsabilidad en la lucha por la dignidad humana (artículo 1). El Derecho Estatal, por tanto, debe asegurar un mínimo de dignidad al individuo. Así, un derecho vivo es más valioso que su mera validez, esto es, debe ser vivido socialmente, y no ser mera formalidad.Palabras clave: Democracia, Estado, Federación, República Federativa de Brasil.


Author(s):  
Attila Harmathy

Abstract The profound changes in both everyday life and the legal system over the last hundred years have transformed civil law as well. While the notion that civil law concerns relationships of private persons still prevails, the traditional public law–civil law division now seems questionable. This paper points out some of the key changes in civil law within the framework of the transformation of the legal system as a whole, and seeks to outline a different approach that may help better to understand the present situation.


Author(s):  
Никита Тарасов ◽  
Nikita Tarasov

The questions relating to the interpretation of the Russian lawyers of the late XIX – early XX century of the role of state compulsion in ensuring the rule of law are considered in article. The interrelation between the state of legality and qualitative characteristics of state coercion is emphasized. The author draws attention to the problem of state coercion in the legal and doctrinal aspects. His attention focuses on the development of the idea of the nature, purpose and limits of state coercion in the domestic police-legal theory of the late XIX – early XX century. The author considers that legal scholars thought of state coercion as an exclusive, extreme means, the use and application of which is permissible only on the basis of legal norms in order to ensure the security and stability of its socio-political and political-legal system, in compliance with the rule of law.


Author(s):  
Aleksandrs Kuzņecovs ◽  

Due to rapid spread of Covid-19 worldwide, Latvian government declared the state of emergency. This decision was adopted by the parliament in order to contain the virus and undertake all the necessary measures to prevent its further spread. At the same time, it is clear that government’s actions undertaken within the state of emergency mostly remain unchecked. The absence of any legal basis for the parliament to extend their oversight during the state of emergency makes role of the parliament in these circumstances unclear. The current position of the parliament precludes political and legal liability over the executive and their officers. Lack of the delegated legislative and human rights restriction clause applicable specifically during the state of emergency raises questions regarding powers of the government and parliamentary control during the state of emergency. The article explores the possible solutions to rectify such flaws in the legal system of the Republic Latvia


Author(s):  
G. A. Vasilevich

The article analyzes the influence of the science of constitutional law on the formation of constitutional legal relations in the state. The role of scientists in identifying trends in the development of the state and law is reflected. The role of the Constitution as a fundamental act, as an act integrating the entire national legal system, is emphasized. Suggestions are made to improve the system of checks and balances. It is emphasized that the development of constitutional law is influenced by the European legal space. European integration is the most important factor in the process of further development and improvement of national legal systems. A special threat to the stability of the state is created by the split of society, the lack of unity of the people in solving basic issues (property, political pluralism, the real provision of rights and freedoms regardless of political views). The coincidence of constitutional reality and constitutional norms is the most important condition and manifestation of the unity of the state and citizens.


2019 ◽  
pp. 76-82
Author(s):  
V.I. Melnik

The article is devoted to the problems of studying and researching the concept of economic security of the state as an object of administrative and legal protection. Attention is drawn to the fact that one of the important tasks in modern administrative law is the question of defining the concept of a particular subject, process, thing, or another object of scientific interest. It is believed that this will help to avoid various often logical formulations of it, likely to develop unified approaches to understanding its essence, in particular, and for possible further scientific research on improving the existing state system of ensuring the economic security of Ukraine, etc. It is emphasized on the undisputed importance of all legal assistance to the proper functioning of the economic security of the state. First of all, it was emphasized that it is connected with the desire for real independent further development of the country in the conditions of complex political and legal transformations and territorial changes in the recent past, as well as the dynamic course of active globalization processes and strengthening of the tangible destructive influence of existing and emergence. new devastating threats to the national economy in the present day, and obviously in the short term. It was established that the need for economic security was declared in the Basic Law and other documents that are important for the Ukrainian state. These acts also define (define) the range of subjects authorized to implement such a policy of the state, their competence, rights and obligations, legal guarantees, etc. At the same time, it is emphasized that the problem of defining the concept of economic security is important, given its multidimensionality, the lack of interpretation of the term precisely in the legislative documents, and, of course, its overstated importance for the modern country. Considering the priority role of the state in the issue of ensuring the economic security of Ukraine, it is pointed out that it is advisable to formulate such a definition in terms of administrative and legal science. In order to qualitatively solve the set scientific problem, the views of leading domestic and foreign scientists and scholars of the past and present are presented, as well as the relevant national legal framework is being worked out. Taking into account current legal realities, the opinions of scientists and scientists suggest the author’s interpretation of the concept of “economic security of the state”, just as an object of administrative and legal protection. Keywords: administrative and legal protection, security, the economic security of the state, the concept of economic security of the state, the concept of economic security of the state as an object of administrative and legal protection.


2017 ◽  
Vol 2 (1) ◽  
pp. 39-62
Author(s):  
Eric Kariuki

A critical role of the State is the regulation of crime by maintaining law and order and, at the same time, punishing crime. This paper seeks to address the retrogressive way crime is punished in Kenya. The author proposes that this can be rectified through the application of the doctrines of therapeutic jurisprudence (TJ), a theory first propounded by David Wexler when he tried to create a solution to the treatment of mental health victims in criminal courts. This paper takes his theories and applies them to the Kenyan context. In addressing these issues, this paper shall first look at the existing theories behind punishment, with focus on incarceration as the primary form of punishment, and highlight their flaws. It shall then look at TJ and explain how it can be infused into the Kenyan legal system. In doing so, the paper argues, the effectiveness of punishment can be greatly increased.


Author(s):  
Jovan Jonovski

Every country has some specific heraldry. In this paper, we will consider heraldry in the Republic of Macedonia, understood by the multitude of coats of arms, and armorial knowledge and art. The paper covers the period from independence until the name change (1991-2019). It covers the state coat of arms of the Republic of Macedonia especially the 2009 change. Special attention is given to the development of the municipal heraldry, including the legal system covering the subject. Also personal heraldry developed in 21 century is considered. The paper covers the development of heraldry and the heraldic thought in the given period, including the role of the Macedonian Heraldic Society and its journal Macedonian Herald in development of theoretic and practical heraldry, as well as its Register of arms and the Macedonian Civic Heraldic System.


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