scholarly journals NORMATIVE-CONTRACTING LAW-MAKING FORM OF THE REALIZATION OF FUNCTIONS OF MODERN STATE OF UKRAINE

Author(s):  
S.M. Melnichuk
Keyword(s):  
Author(s):  
Mashood A. Baderin

‘The future of Islamic law’ assesses the future of Islamic law. Owing to the influence of modern state structures and modern modes of law-making, the form and application of Islamic law as part of state law today is not based strictly on direct reference to classical fiqh manuals, but indirectly through state legislation in the form of codified statutes. Codification raises two questions concerning the future of Islamic law. The first question relates to form, while the second relates to content. One aspect of classical fiqh that may be affected by codified Islamic law is the flexibility of ikhtilāf (differences of juristic opinion), as the codified fiqh becomes the applicable law.


Legal Concept ◽  
2021 ◽  
pp. 18-23
Author(s):  
Ekaterina Zaitseva ◽  

Introduction: the knowledge of the legal regulation sphere and its limits is impossible without the analysis of the factors under the influence of which it is formed. Despite the obvious significance, the factors of establishing the limits of legal regulation did not become an independent subject of research but were only indirectly affected in the context of the analysis of the legal education factors. Meanwhile, these factors are of independent importance and need additional reflection. Their identification and clarification contribute to the introduction of the concept of “smart regulation” in the law-making policy of the modern state. Purpose: to identify the factors of setting the limits of legal regulation. Methods: the methodological framework for the study was made up of the general scientific and specific scientific methods of cognition. Results: the analysis of the factors of the establishment of the legal regulation sphere and its limits with the aim of its most adequate reflection as a subject of legal regulation is a necessary condition for improving the effectiveness of the law-making policy of the modern state. Conclusions: the factors that determine the limits of legal regulation can be objective and subjective. The objective factors determine the limits of the sphere of legal regulation; as such, it is necessary to consider the properties of public relations that have a legal nature, which in turn are under the influence of the objective factors of a natural and social nature, traditionally referred to as lawforming. The main natural factors should include biological, geographical, climatic, and physiological factors. The main objective social factors are scientific and technological, axiological, economic, and psychological. The identification of the sphere of legal regulation and its consolidation as a subject of legal regulation are caused not only by the influence of the objective factors but also by the subjective ones, which should include political-legal, scientific-cognitive, and technical-legal. All these factors interact with each other and “work” in the system. Depending on the specifics of the public attitude that is in the sphere of legal regulation and is fixed as its subject, the influence of various factors will be unequal.


Author(s):  
Roman Zelepukin ◽  
Tatyana Ilina

In the present article the authors carry out the analysis of permissible degree of influence of groups of interests on institutes of the public authority, tools of influence on their law-making activity within methodology of chronodiscrete monogeographical comparative law. The research of domestic practice of lobbying during the pre-revolutionary and modern periods is undertaken. In the pre-revolutionary period influence through such forms as activity of the exchanges, work of congresses and other associations of businessmen is allocated. Dynamics of their development under conditions of emerging institutes of parliamentarism is noted. In modern period new means of lobbying which have appeared with carrying out of anti-corruption reform — anti-corruption examination of regulations and their projects, assessment of the regulating influence, participation in activity of public councils at authorities are noted. As a result the conclusion about the prospects of adoption of the special law, and in more urgent prospect — regulation of lobbying at the sublegislative level is drawn.


1925 ◽  
Vol 19 (2) ◽  
pp. 277-289 ◽  
Author(s):  
Herman Finer

“I'd give them th' votes,” said Mr. Dooley. “But,” he added significantly, “I'd do the countin'!” These words symbolise, in a crude way, the direction of political inquiry in the century prior to the year 1880. Until about that time political scientists were concerned mainly with the processes of policy and law-making. Incident to this were studied things like the nature of public opinion and the electorate, political parties, representative assemblies and their relation to the executive. But the problem of the civil service in the modern state emerged in its full importance not longer than some four decades ago; and indeed, today, we are only in the stage of discovering the questions yet to be explored.The centre of gravity in political science has plainly shifted from the field of electioneering to that of the civil service. In our own day that machinery serves two purposes of high importance. Firstly, it furnishes the expert knowledge without which parliaments can not, in any adequate fashion, create and enact policies. Secondly, it carries out the commands of the policymaking body. The experience of the United States, of Great Britain, of France, Germany, Canada, Australia and South Africa, shows conclusively that to perform the first of these two functions the members of the representative assemblies have neither the time, the ability, the inclination, nor the machinery. They must come to the permanent office-holders for expert knowledge. And as to the second, a variety of reasons forces them to legislate in general terms and leave the civil servants to draw up statutory rules and orders—to create “secondary legislation,” the enormous and increasing mass of which gives the civil service in the modern state a vast power.


2020 ◽  
Vol 5 (1) ◽  
pp. 33-42
Author(s):  
Achmad Hariri

The politics of law is an instrument of law-making to achieve legal objectives, and the objectives of the law-making must be in line with the constitutional norms. The constitution is a foundation rule for law-making (the politics of law), and in its development, the modern state constitution must be constitutionalism. Constitutionalism is an idea that the constitution must limit the power to hinder the abuse due to unrestricted power. The politics of constitutional law can be seen in the first amendment, namely, Article 7 of the 1945 Constitution: the tenure of a president is five years and limited to two periods, the 1945 constitution is, therefore, constitutionalism. The power limitation of high state institutions is constitutional, but in Law No. 6 of 2014 concerning Villages, some norms are contrary to the constitution: Article 39 related to the tenure of the village head. The tenure of village head in this article is relatively longer than the executive position in supra-village government, that is six years and can be re-elected for three periods, meaning that the village head can occupy the position for a maximum of 18 years. This tenure is eight years longer than the tenure of the president, governor, regent and mayor, thus, it is likely for the village head to conduct the "abuse of power" and the tenure is against the constitutionalism. Abstrak: Politik hukum merupakan instrumen pembuatan hukum untuk mencapai tujuan hukum, adapun tujuan pembentukan hukum harus sejalan dengan norma Konstitusi. Konstitusi itu merupakan aturan dasar yang menjadi sumber pembentukan hukum (politik Hukum), dalam perkembangannya kemudian konstitusi negara modern itu harus konstitusionalisme, paham konstitusionalisme adalah suatu paham dimana konstitusi harus membatsasi kekuasaan, kekuasaan harus dibatasi untuk menjauhi dari tindakan penyelewengan akibat tidak dibatasinya kekuasaan, dalam politik hukum konstitusi dapat dilihat pada amandemen ke satu yaitu pasal 7 UUD 1945, masa jabatan presiden 5 tahun dan dibatasi dua periode, oleh sebab itu konstitusi UUD 1945 konstitusionalisme. Pembatasan kekuasaan lembaga tinggi negara sudah konstitusional, namun dalam UU No. 6 Tahun 2014 tentang Desa ada norma yang bertentangan dengan konstitusi yaitu pada pasal 39 terkait masa jabatan kepala Desa. Dalam pasal tersebut massa jabatan kepala desa relatif lebih lama dibandingkan dengan jabatan eksekutif di pemerintahan supra desa, yaitu 6 tahun dan dapat dipilih lagi sampai tiga periode, artinya kepala desa dapat menduduki sebagai orang nomor satu di desa sampai dengan delapan belas (18) tahun. Masa jabatan ini relatif lebih lama delapan tahun dibanding jabatan presiden, gubernur, bupati dan wali kota, sehingga kepala desa akan dimungkinkan dapat menyelewengkan kewenangan “abuse of power’ dan masa jabatan tersebut bertentangan dengan konstitusionalisme. Kata Kunci: Politik Hukum, Massa Jabatan Kepala Desa, Konstitusionalisme


2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.


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