scholarly journals Architectural images of the constitution: to create, reconstruct or destroy?

2021 ◽  
pp. 8-31
Author(s):  
Galina Andreeva ◽  

The article considers the general cultural origins of constitutional, legal and architectural creativity. Just as this is characteristic of architectural and construction activity, in law the formation of a legal system is based on a certain project, on the idea, on the image and as such a project is the basic law – the constitution. The harmony and strength of the constitutional draft depends on the foundation, stability and effectiveness of the country's legal system. At the same time, the unity and diversity of the cultural space determines the presence of common features and, at the same time, the diversity of the image of the constitution in architectural and ar-chitectural-monumental art. The work explores the types of such images, the degree of their rootedness in culture and the forms of use for architec-tural, urban planning, political and cultural and educational purposes.

2017 ◽  
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


Author(s):  
Moser Michael ◽  
Bao Chiann

This introductory chapter discusses the contributing factors that make Hong Kong a global arbitration centre that ‘meets or even exceeds all standards’ in the Chartered Institute of Arbitrators’ ten principles of an effective, efficient, and ‘safe’ seat of international arbitration. Hong Kong has long been at the forefront of international arbitration developments. It enjoys a high degree of autonomy (except in defence and foreign affairs) and retains a separate legal system from that of mainland China. Hong Kong’s legal system is based on the English common law and is guaranteed in Hong Kong’s constitutional instrument, the Basic Law. Furthermore, Hong Kong has a long tradition of upholding the rule of law and judicial independence, which are two key foundations for the city’s success as a global dispute resolution centre.


2019 ◽  
Vol 15 (2) ◽  
pp. 178-196
Author(s):  
Yan-Ho Lai

Purpose Despite the preservation of “One Country, Two Systems” for 50 years under the Sino-British Joint Declaration and Basic Law, changes are palpable due to the emergence of a real contest between liberal and pro-China actors in the legal profession and the legal environment in Hong Kong. After celebrating the twentieth anniversary of Hong Kong’s sovereignty transfer from Britain to China, it is valuable to study how the sovereign power influence the rule of law in its semiautonomous city by non-legal measures. This paper aims to offer a preliminary research on China’s political economic strategy, which is regarded as the “China factor”, in the legal system of Hong Kong, and its political, economic and legal-cultural impacts on the rule of law. Design/methodology/approach This paper argues that China exerts its influence over the legal system of Hong Kong in four domains, including ideology, political elections, legal organization and cross-border political economy. Based on media research and content analysis over published materials of various legal associations and institutions, it is found that China attempts to consolidate its control in Hong Kong by producing alternative legal ideology and discourse of the rule of law and by co-opting the legal profession under China’s united front strategy. Findings While there are liberal lawyers and legal scholars vocally engaging in defense of human rights and the rule of law in Hong Kong, a network of legal profession promoting socialist and authoritarian legal values has become prominent. Hong Kong’s legal culture will continue to be shaped in accordance with authoritarian characteristics and will adversely affect developing the rule of law in this international city. Originality/value This paper contributes to the study of China’s influence over the legal profession of Hong Kong and in general Hong Kong’s jurisdiction by offering an example to the international community that contributes towards understanding how China adopts different strategies to expand political significance beyond its border.


2020 ◽  
Vol 217 ◽  
pp. 06004
Author(s):  
Nadezhda Samoylova

The article presents an innovative proposal to improve the management of the land and property complex facilities. The simulation modeling is based on the developed formulas for accounting and determining the most persistent functions of facilities in the Spatial organization model of urban-planning formations (Yu.V. Alekseeva and N.A. Samoylova). In particular, the formula contains mathematical expressions for the conditions for determining the most persistent private function for various types of facilities: existing buildings and structures, ground level territory, above-ground and underground territories (urban-planning and quasi urban-planning). Such a system is applicable at all levels of control: from local to national and even international one, all types of urban-planning transformation (from new development of the territory to renovation, revitalization, etc.). To create intelligent systems in the field of urban-planning, it is especially important to use such a method in the information program (decision support system) that the effect of investment and construction activities is laid at the pre-project stage of planning the life cycle management of land and property complexes. One of the tools for this is the formulas developed in the framework of fundamental scientific research carried of the Russian Academy of Architecture and Construction Sciences (RAACS) and the Central Institute for Research and Design of the Ministry of Construction and Housing and Communal Services of the Russian Federation.


2019 ◽  
Vol 3 (1) ◽  
pp. 102-108
Author(s):  
Olga Dudinova

Starting to consider the issues related to the legal regulation and implementation of the reform of technical and cadastral registration of real estate, it is impossible not to say about its role and importance for the Russian legal system. The accounting system is a certain guarantee of the rights of owners in respect of real estate. The issue of legal regulation of infrastructure facilities is still one of the most difficult in the urban planning and land legislation of the Russian Federation. The lack of effective and versatile regulatory and folding it on the basis of the practice make it very difficult town planning and investment development of territories and improvement. In this article the problems connected with legal regulation of infrastructure objects are revealed, the analysis of the current legislation and practical approaches is carried out, the classification of infrastructure objects is investigated, the essence of this concept is revealed.


1989 ◽  
Vol 17 (2) ◽  
pp. 111-122
Author(s):  
Juergen Christoph Goedan

Article 1 of the Basic Law the Constitution of the Federal Republic of Germany, reads as follow: “(1)The dignity of man shall be inviolable. To respect and protect it shall be the duty of all state authority.(2)The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.(3)The following basic rights shall bind the legislature, the executive and the judiciary as directly enforceable law.”This article answers, in a nutshell, all the questions one might raise regarding the influence of a constitution on the legal system of a country.


2019 ◽  
pp. 233-246
Author(s):  
Oluwole Daramola

This chapter discusses the profession of urban planning within the context of the Nigerian legal system. In Nigeria, there is an array of legislation relevant to urban planning that is aimed at securing sustainable cities through various planning activities. The chapter establishes the relationship between law and urban planning activities and puts it that the latter is an offshoot of the former. It further discusses the legal framework of urban planning in Nigeria, with due consideration to the problems inherent in it and the effects of such problems on urban development in the country. The chapter also suggests a need for paradigm shift by providing for strategies rooted in law towards viable urban and regional development and economic growth in Nigeria. The chapter concludes that strengthening the legal framework of urban planning will provide opportunities for equitable and spatial allocation of resources that takes cognizance of the social, economic, institutional, and environmental dimensions of an urban center.


Asian Survey ◽  
2021 ◽  
Vol 61 (4) ◽  
pp. 663-682
Author(s):  
Ieong Meng U ◽  
Wu Xiangning

This paper examines how Macau, with a different political and legal system under the “one country, two systems” principle, fits into China’s securitization and what impact that has on its local governance. We argue that in recent years Macau’s legal system has gradually transformed into a means of social control. Through case files related to the Assembly and Demonstration Law drawn from the Court of Final Appeal, we demonstrate that although Macau is unlike Hong Kong, where dissidents are subject to severe repression, Beijing’s emphasis on national security has weakened the checks-and-balances function of Macau’s legal system and substantially narrowed the scope of freedom of speech, even though it is nominally guaranteed and protected by the Basic Law.


1994 ◽  
Vol 16 (2) ◽  
pp. 2-34 ◽  

In developing an issue of PA, especially one based on independent submissions. I am reminded repeatedly of the diversity within anthropology and of the many fields within which anthropology can be used. Topics included in this issue range from agricultural development and aging to urban planning and utility regulation. Reviewing such a variety of manuscripts, all purporting to be in some sense "anthropological," reminds one as well of the rudimentary common features of anthropology. One such feature that unites the articles in this issue is the insistence on determining and meeting human needs in a local context and from the perspective of the population to be served.


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