scholarly journals Die kerkregtelike toepassing van die reëls van 'natuurlike geregtigheid’ op grond van die Skrif

1995 ◽  
Vol 29 (3) ◽  
Author(s):  
C. J. Smit
Keyword(s):  
Legal Systems ◽  
Natural Justice ◽  
Church Polity ◽  
Legitimate Expectations ◽  
The Right

Church polity is not the exercising of justice apart from justice in general, but merely the application of justice in another sphere using other procedures. Therefore the principles of fundamental justice, which underlie by far most legal systems, also apply to church polity. The principles of fundamental justice, which are unfolded in the rules of natural justice, are also found in Scripture. These principles include the following aspects: the right to be heard; the meeting of legitimate expectations; the provision of the reasons for the judgements; and the fact that no one may judge his own case.

14. The grounds for judicial review

2020 ◽  
pp. 309-353
Author(s):  
Neil Parpworth
Keyword(s):  
Judicial Review ◽  
Civil Service ◽  
Public Law ◽  
Fiduciary Duty ◽  
Bad Faith ◽  
Natural Justice ◽  
Legitimate Expectations ◽  
Fair Hearing ◽  
The Right

This chapter considers the grounds on which public decisions may be challenged before the courts. It begins with an overview of two cases—Associated Provincial Picture Houses Ltd v Wednesbury Corpn (1948) and Council of Civil Service Unions v Minister for the Civil Service (1985). The importance of these two cases is their distillation of the general principles. The discussion then covers the different grounds for judicial review: illegality, relevant/irrelevant considerations, fiduciary duty, fettering of a discretion, improper purpose, bad faith, irrationality, proportionality, procedural impropriety, natural justice, legitimate expectations, the right to a fair hearing, reasons, and the rule against bias. It is noted that principles often overlap, so that a challenge to a public law decision may be based on different principles.

14. The grounds for judicial review

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
Judicial Review ◽  
Civil Service ◽  
Public Law ◽  
Fiduciary Duty ◽  
Bad Faith ◽  
Natural Justice ◽  
Legitimate Expectations ◽  
Fair Hearing ◽  
The Right

This chapter considers the grounds on which public decisions may be challenged before the courts. It begins with an overview of two cases—Associated Provincial Picture Houses Ltd v Wednesbury Corpn (1948) and Council of Civil Service Unions v Minister for the Civil Service (1985). The importance of these two cases is their distillation of the general principles. The discussion then covers the different grounds for judicial review: illegality, relevant/irrelevant considerations, fiduciary duty, fettering of a discretion, improper purpose, bad faith, irrationality, proportionality, procedural impropriety, natural justice, legitimate expectations, the right to a fair hearing, reasons, and the rule against bias. It is noted that principles often overlap, so that a challenge to a public law decision may be based on different principles.

scholarly journals Die stryd om die aard en omvang van die tugreg by die Nederduitse Gereformeerde Sendingkerk (1881−1994)

2012 ◽  
Vol 68 (1) ◽  
Author(s):  
Mary-Anne Plaatjies Van Huffel
Keyword(s):  
Southern Africa ◽  
Dutch Reformed ◽  
Disciplinary Power ◽  
Inaugural Meeting ◽  
Reformed Church ◽  
Church Polity ◽  
Mission Church ◽  
The Right ◽  
The Church ◽  
Mission Churches

The struggle of the Dutch Reformed Mission Churches (1881–1994) with reference to the character and extend of discipline. In this article the struggle concerning the nature and extent of the disciplinary power in the Dutch Reformed Mission Church (DRMC) (1881–1994) is discussed. Since the establishment of the DRMC in 1881 until 1982 the Dutch Reformed Church (DRC) retained the right to censure and discipline the missionaries in the DRMC. The article argues that the struggle for disciplinary power under the Constitution of the DRMC, the Statute of the DRMC as well as under the memorandum of agreement between the DRMC and the DRC, was nothing less than an attempt by the DRMC to entrench the principles of Voetius in the disciplinary power of the church polity and church government of the DRMC. In 1982 the DRMC accepted a new church order in which these principles were entrenched. The acceptance of this church order provision concluded the DRMC’s struggle for disciplinary power of all its officers, missionaries included, which already began in 1908. At the inaugural meeting of the Uniting Reformed Church in Southern Africa a Church Order was adopted in which provisions with regards to the disciplinary power based on above principles was hedged.

scholarly journals Legal Status of Minor Testator’s Parents Deprived of Parental Authority in Intestate Succession. Some Remarks on the Solutions in Polish, Russian, and Italian Law

2021 ◽  
Vol 47 (4) ◽  
pp. 107-134
Author(s):  
Hanna Witczak
Keyword(s):  
Legal Status ◽  
Parental Authority ◽  
Legal Systems ◽  
Family Ties ◽  
Italian Law ◽  
Parental Obligations ◽  
Legal Situation ◽  
Polish Law ◽  
The Right ◽  
A Minor

The legal situation of minor testator’s parents in intestate succession poses a significant legal and social problem. In Polish law, parents who have been deprived of parental authority continue to enjoy their civil-law status; in other words, they maintain the right to inherit from their child under statute. Meanwhile, the reasons for which the court applied the strictest possible “sanction” in the form of deprivation of authority of parents who, in exercising their rights under parental authority, seriously violated the child’s interest or grossly neglected parental obligations, which is noticeable even to an ordinary bystander, seem to be sufficient “proof” that family ties, which are decisive for the statutory title to inherit, do not exist. If these ties are severed or seriously disrupted, the consequences should be seen in all areas of life. Simply put, persons who deliberately break apart the family should not enjoy the advantages that the law provides for testator’s closest relatives. In such a case, to consider the effect of deprivation of parental authority by “releasing” its holders from any obligation towards the child may not be considered a sufficient civil sanction, especially given that in the vast majority of cases, the reason for such deprivation is gross neglect of parental duties by one or both parents. The consequences of this type of negligence should also, if not primarily, consist in the deprivation of pecuniary benefits that the parents of a minor could enjoy after his or her death. The current legal solutions governing this area undoubtedly need to be revised. Such imperfect normative solutions adopted in Polish law prove the need to propose de lege ferenda recommendations. In this context, it is worthwhile to have a look at the normative solutions adopted in foreign legal systems and whether they can be grafted on Polish law. The reference to the Russian and Italian legal systems seems particularly recommendable due to the fact that their normative solutions directly allude to the institution of deprivation of parental authority in the context of admissibility of the title to inherit.

Refining the Right to Information in Vietnamese Consumer Law: Insights from Australia

2021 ◽  
Vol 16 (1) ◽  
pp. 61-83
Author(s):  
Lam Uyen Lu ◽  
Niloufer Selvadurai
Keyword(s):  
Consumer Protection ◽  
Critical Role ◽  
Consumer Welfare ◽  
Regulatory Framework ◽  
Law Reform ◽  
Legal Systems ◽  
Consumer Law ◽  
Similarities And Differences ◽  
Right To Information ◽  
The Right

AbstractIn upholding a consumer's right to information, regulations prohibiting misleading or deceptive conduct perform a critical role in supporting consumer welfare and encouraging equity in business and commerce. While Vietnam enacted a Law on Consumer Protection in 2010, its provisions in this area are limited in ambit and application. In order to improve the effectiveness of a consumer's right to information in Vietnam, it is useful to examine the Australia Consumer Law which has a sophisticated regulatory framework in this area. By comparing the laws prohibiting misleading or deceptive conduct in the Vietnamese Law on Consumer Protection and the Australia Consumer Law, this article identifies certain similarities and differences between the two legal systems, thereby clarifying shortcomings that can lead to inadequacies and inefficiencies of this area of the law and providing a platform for law reform in Vietnam.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

Rights of Nature to Protect Human Rights in Times of Environmental Crisis

2020 ◽  
pp. 38-65
Author(s):  
Susana Borràs
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Natural World ◽  
Environmental Crisis ◽  
Legal Systems ◽  
Environmental Laws ◽  
For Profit ◽  
Rights Of Nature ◽  
The Right

The well-being of humans and nature are inextricably linked. Nature is particularly mistreated in light of its characterization as merely “property” to be bought, sold, and ultimately degraded for profit. Reinforcing this misperception is the fact that modern environmental laws themselves implicitly accept this claim of “nature as property.” They legalize nature's destruction by dictating how much of the environment can be exploited and degraded, rather than as an integral ecological partner with its own rights to exist and thrive. Instead, we need laws grounded in the inherent rights of natural world to exist, thrive, and evolve. The article focuses on the transition from the ‘right to the environment' to a biocentric approach constructed around ‘rights of nature.' This transition is evident in various new legal instruments, which serve as models for legal systems that can steer us towards more robust and effective environmental laws.

The Principle of Properness

2019 ◽  
pp. 99-110
Author(s):  
Henk Addink
Keyword(s):  
Good Governance ◽  
Legal Certainty ◽  
International Human Rights ◽  
Abuse Of Power ◽  
Natural Justice ◽  
Human Rights Treaties ◽  
History Of ◽  
Legitimate Expectations ◽  
International Human ◽  
The Government

In general, the (sub)principles of properness have (in most countries) the longest history of the six principles of good governance. These principles were developed because the traditional formal approaches to legality were too narrow for adequate control of the government. These principles were often developed by the judiciary as unwritten principles, as well as by the ombudsman or as policy principles in policy papers. Several of these principles have been codified in the laws of different countries. In many countries, the process of codification of unwritten norms is at a different stage, but the foundations of these principles are often comparable. Different courts developed a rather sophisticated way of protecting the rights of individuals: sometimes by developing unwritten principles or by having a more extensive interpretation of the law. The lines of development of the principles of properness were illegality, irrationality, and then impropriety. The following step was the specification of (sub)principles, such as equality, legal certainty, carefulness, and motivation. Each of these categories was specified by means of a principles-based approach and a rights-based review. This development sometimes went faster under the influence of international human rights treaties. However, the innovation of judicial review went through by formal and material principles. In the principles of properness, we distinguish the following elements: formal carefulness (hearing as part of natural justice), abuse of power (abuse of discretion), rationality (substantial carefulness), proportionality, legal certainty, legitimate expectations, and equality and reasoning.

Rights of Nature to Protect Human Rights in Times of Environmental Crisis

2017 ◽  
pp. 225-261
Author(s):  
Susana Borràs
Keyword(s):  
Human Rights ◽  
Well Being ◽  
Natural World ◽  
Environmental Crisis ◽  
Legal Systems ◽  
Environmental Laws ◽  
For Profit ◽  
Rights Of Nature ◽  
The Right

The well-being of humans and nature are inextricably linked. Nature is particularly mistreated in light of its characterization as merely “property” to be bought, sold, and ultimately degraded for profit. Reinforcing this misperception is the fact that modern environmental laws themselves implicitly accept this claim of “nature as property.” They legalize nature's destruction by dictating how much of the environment can be exploited and degraded, rather than as an integral ecological partner with its own rights to exist and thrive. Instead, we need laws grounded in the inherent rights of natural world to exist, thrive, and evolve. The article focuses on the transition from the ‘right to the environment' to a biocentric approach constructed around ‘rights of nature.' This transition is evident in various new legal instruments, which serve as models for legal systems that can steer us towards more robust and effective environmental laws.

10. Administrative Law:

2016 ◽  
Author(s):  
Richard Clements
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Natural Justice ◽  
Locus Standi ◽  
Public Body ◽  
Chapter Deal ◽  
The Law ◽  
The Right

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter is about judicial review. This is the means by which the citizen can use the courts to ensure that a public body obeys the law. The questions in the chapter deal with issues such as the erratic development of administrative law; the procedure to apply for judicial review; the right to apply (locus standi), procedural ultra vires; natural justice; and substantive ultra vires.

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