Challenges of the Implementation of the European Charter of Local Self-Government in Polish Legislation

2018 ◽  
Vol 16 (4) ◽  
pp. 971-982 ◽  
Author(s):  
Joanna Radwanowicz-Wanczewska ◽  
Dorota Dąbek
Keyword(s):  
Legal System ◽  
Political System ◽  
Current State ◽  
Governance Practice ◽  
The Law ◽  
State Of Affairs

Poland is one of the few countries to have ratified the European Charter of Local Self-Government in full and without reservations. The Polish approach is perceived as a positive example of a country’s response to the challenges resulting from recognizing local self-governments as institutions typical of a political system. This article presents the achievements of the Polish legislator in terms of the law of self-government, including a verification of the efficiency of these achievements in view of local self-governance practice. The degree of implementation of the Charter’s provision in the Polish legal system is also outlined. The article covers not only the issues related to a diagnosis of the current state of affairs, but also several specific proposals, guidelines, and suggestions in terms of improving the existing situation.

The State of the Law on Euthanasia in Kenya

2020 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Moni Wekesa ◽  
Martin Awori
Keyword(s):  
Empirical Studies ◽  
Case Law ◽  
The State ◽  
Right To Die ◽  
Criminal Offence ◽  
Dual Effect ◽  
Current State ◽  
The Law ◽  
State Of Affairs ◽  
The Right

The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the 'right to life' or the 'right to dignity' to also include the 'right to die'. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating 'dual-effect' treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of 'free for all'. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya.

Integrative Misunderstanding Law

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Александр Черданцев ◽  
Alyeksandr CHyerdantsyev
Keyword(s):  
Research Methods ◽  
Legal System ◽  
Legal Consciousness ◽  
Integrative Approach ◽  
Negative Consequences ◽  
Logical System ◽  
Current State ◽  
Scientific Approach ◽  
The Law ◽  
Source Form

The article proves negative consequences of the refusal of the long-standing characteristics in modern legal consciousness. Analyzes the current state of the Russian legal consciousness. Integrative legal consciousness is criticized. The author substantiates the falseness of attributing the principles of law to the forms of law. This is a typical example of a contravention of the logical law of identity, which has led to the substitution of the term “legal system” to the term “source (form) of law”. According to adherents of integration the complexity of law corresponds to the methodology, which is characterized by multilateralism, omnidirectional (different terminology) approach to the study of law. The author refers to a set of established research methods in the legal field: logical-linguistic (or formal logical), system-structural, concretesociological, axiological, information and cybernetic, mathematics (statistics), psychological, historical and others. and, of course, to the dialectical method with principles of the cognition, which to some extent are specified in the above methods. It is stated that an integrative approach to the law is contrary to the objective, scientific approach. Analyzes errors in the views of the supporters of the concept of integrative legal consciousness. It was concluded that legal science does not require an integrative approach to the law.

7. PARTICIPATION OF SECOND LANGUAGE AND SECOND DIALECT SPEAKERS IN THE LEGAL SYSTEM

2003 ◽  
Vol 23 ◽  
pp. 113-133 ◽  
Author(s):  
Diana Eades
Keyword(s):  
Second Language ◽  
Legal System ◽  
Applied Linguistics ◽  
Language Services ◽  
Current State ◽  
Police Interviews ◽  
Second Language Speakers ◽  
The Law ◽  
Legal Contexts ◽  
Access To Data

Manipulation of language is the key to all participation in the legal system. While linguists, especially sociolinguists, have been researching legal contexts for some two decades, there is still a considerable paucity of research on what happens when second language (L2) and second dialect (D2) speakers come into contact with the ‘language’ of the law. This chapter overviews the current state of theory and research on this topic. As with studies of L1 speakers, most of the studies have analyzed language in courtrooms, where access to data is much easier than in other legal settings, such as police interviews, mediation sessions or lawyer-client interviews. Most such research addresses one or more of the following questions, with the greatest concentration of research on the second and third of these: (a) What are the interpreting needs of second language speakers? (b) How are these needs being addressed? (c) What are the challenges to the provision of language services to second language speakers? And (d) How do dialectal differences affect the participation of second dialect speakers? The discussion concludes by highlighting a number of questions of crucial legal concern that need to be addressed by applied linguistics research.

scholarly journals Invincible or Just a Flesh Wound? The Holy Grail of Scots Law

2014 ◽  
Vol 14 (1) ◽  
pp. 2-14 ◽  
Author(s):  
Hector MacQueen
Keyword(s):  
Legal System ◽  
Status Quo ◽  
Holy Grail ◽  
Legislative Reform ◽  
Current State ◽  
The Status ◽  
The Law ◽  
Scottish Independence

AbstractThis paper, by Hector MacQueen, assesses the current state of Scots law and the Scottish legal system, arguing that as a small legal system which cannot be self-contained it is inevitably in a state of crisis, from which, however, it will not be rescued by Scotland becoming independent.* Whatever happens after the referendum concerning Scottish Independence on 18 September 2014, the law is in need of active legislative reform, possibly codification, while the courts must become more positive in the attraction of business rather than, as it sometimes seems, seeking to push it away. Mere defence of the status quo will end in disablement and defeat.

scholarly journals FROM REGIONALISM TO KOSLI NATIONALISM AND BEYOND: THE DEMAND FOR A SEPARATE STATE IN WESTERN ODISHA

2021 ◽  
Vol 9 (10) ◽  
pp. 147-172
Author(s):  
Tila Kumar
Keyword(s):  
Political System ◽  
British Colonialism ◽  
Regional Variations ◽  
Freedom Struggle ◽  
Current State ◽  
Long Time ◽  
Divide And Rule ◽  
State Of Affairs ◽  
Regional Interests ◽  
National Issue

If we analyze the discourses on regionalism in India or even while trying to make sense of such a tendency, we may find that from a long time, even during the period of British colonialism, regional forces have had their impact at the level of organization of political system in their own ways. Needless to recall that when the Britishers entered India, they could sense the regional variations very well and therefore, established ‘divide and rule’ policy to suit their administration as well as to be fitted to the regional demands and peculiarities. It is, no wonder therefore, to find that the anti-colonial freedom struggle was not a process free of contradictions and variations over different regions.  The fact of the matter was that the ‘national’ issue, namely, to establish a free independent and sovereign India superseded all the parochial claims of various regions and their demands. And it is, needless to say that these regional interests and demands, which were subdued during the freedom struggle found an expression and were articulated even within the first decade of India’s independence, which has, in fact, grown both in its number and its intensity with every passage of time, which are reflected in various regional movements, over the period. In this paper, we discuss such a movement taking its stride with every passage of day, in the western part of Odisha—both in its historical as well as contemporary contexts. We make an attempt to bring out what have been the historical causes which have given birth to such a tendency and the contours and trajectories that such a movement is going through over the period, including the current state of affairs as regards Kosal Movement, which is increasingly becoming so vociferous that we can hardly ignore it—either as an observer, as an analyst or as an activist—for or against the call for a separate state in Western Odisha.

scholarly journals The End of the Classical Paradigms of Law

2021 ◽  
Vol 5 ◽  
pp. 79-92
Author(s):  
Sylwia Leszczuk ◽  
Keyword(s):  
Cross Section ◽  
Research Methodology ◽  
Legal Culture ◽  
Cultural Transformations ◽  
Current State ◽  
The Subject ◽  
The Law ◽  
Score Result ◽  
State Of Affairs ◽  
Present World

Goal – the aim of this text is to show the functioning, transformation, convergence and ultimately decline of classical paradigms operating in the legal sphere. Particular attention is focused on the contemporary state of affairs, referring to today’s trends in thought, philosophy and the contemporary way of explaining reality by societies that are carriers of the law. The purpose is to showcase that the today’s changing world is faced with many problems that are completely new to humanity as a whole, and that those problems have the power to affect the legal sphere as well. It proves that despite the belief in the stabilizing function of the law, it itself begins to be questioned, and its iron foundations begin to waver in principle, resulting in spectacular changes in the way we view such non‑negotiable issues as justice, power, order, and the meaning of being. Research methodology – through an analysis of the literature on the subject and by compiling the most important paradigmatic frameworks, a cross‑section of attitudes relevant to understanding the presented issue is made. Score/result – as a result, an observation is made regarding the current state of paradigms operating in the legal sphere. In line with the conclusion, it is stated that in the present world paradigms have mostly lost or are losing their power. They will lose it completely or undergo a transformation. There is also an exhaustion of the power of all grand narratives that must necessarily be taken into account when making any considerations about the embeddedness of law and its validity. Originality/value – the content of the text refers to well‑known paradigms of law that seem to be unshakable elements of Western legal culture. Nevertheless, the analysis of the problems presented in the text shows that the unshakable foundations of law are beginning to degrade, or at least to change, in collision with, above all, contemporary socio‑cultural transformations.

scholarly journals CURRENT STATE AND PROBLEMS OF LEGAL STATUS OF THE PARLIAMENTARY OPPOSITION IN UKRAINE

2021 ◽  
pp. 21-27
Author(s):  
O.I. Zozulia
Keyword(s):  
Legal System ◽  
Political System ◽  
Legal Status ◽  
Legal Regulation ◽  
Alternative Program ◽  
National Interests ◽  
Current State ◽  
Political Forces ◽  
Legislative Regulation ◽  
The Government

The analysis of the current state of the legal status of the parliamentary opposition in Ukraine has been performed; it also describes its features and problems related to non-recognition of the subjectivity of the parliamentary opposition, the lack of proper legal regulation of its rights, responsibilities, guarantees and limits of activity. It was stressed that the non-institutionalization of the parliamentary opposition causes the opposition political forces in the Verkhovna Rada of Ukraine to have no corresponding responsibilities for forming a shadow government, preparing an alternative program of government activities, observing national interests, banning abuse of rights and guarantees, etc. At the same time, de facto opposition parliamentary factions and groups, individual MPs of Ukraine to control the activities of the coalition and the government can carry out some effective parliamentary means and procedures (inquiries, government hearings, initiating parliamentary inquiries, constitutional appeals, etc.), which lays the foundations of opposition activity in the Verkhovna Rada of Ukraine. It is established that the peculiarities of the domestic legal system, insufficient development of parliamentarism and political system actualize the complex constitutional and legislative regulation of the bases of organization and activity of the parliamentary opposition in Ukraine, including the order of its formation, rights and responsibilities, guarantees and procedures, relations with the coalition and government. It is substantiated that the institutionalization of the parliamentary opposition in Ukraine should be aimed at real ensuring its constructive cooperation with the majority, as well as on observance of the rights of the opposition regarding representation in the leadership of the parliament and its bodies, control of the activities of the majority and the government, publication of its position in the parliament. The priority of improving the legal status of the parliamentary opposition in Ukraine should be not only the clarification and expansion of its rights, but also the formation of effective mechanisms for their implementation, ensuring accountability for violations of opposition`s rights.  

scholarly journals Civil Judge in Uganda: Remuneration Systems and Promotion Possibilities. How to Reward Efficient and Independent Decisions

2019 ◽  
Vol 6 (1) ◽  
pp. 13-29
Author(s):  
Asiimwe Jackline-Bainipai
Keyword(s):  
Legal System ◽  
High Standard ◽  
Substantial Impact ◽  
The Core ◽  
System A ◽  
Independent Judiciary ◽  
Legal Provisions ◽  
Form Part ◽  
The Law ◽  
State Of Affairs

This piece of work is discusses the systems of remuneration of judges and promotion possibilities as well as rewarding efficient and independent decisions in Uganda. The research finds that whereas these three form part and parcel of the core of an independent judiciary, and whereas there are adequate legal provisions, the enforceability is lacking due to the fact that there are high levels of interference by the executive in the function of the judiciary. The remuneration, reward of an efficient judge are largely dependent on paying allegiance to the executive and deciding cases in appeasement of the executive. Yet, the remuneration, promotion and reward are supposed to be on merit. They should also be established by law and not subject to arbitrary interference from the executive. This study has revealed how the executive has substantial impact on remuneration, promotion and reward of efficient judges. Judges that decide cases according to the law irrespective of the interests of the executive are sidelined in the promotions, remunerations and reward. The study makes relevant conclusions and recommendations. “The remuneration of the judges is not sufficient to induce the ablest lawyers in the prime of life to accept judicial office. If that state of affairs is allowed to continue it must have serious effect upon the administration of the law. It will impair those intellectual standards which have made our English legal system a great legal system; it will tend to impair that law abiding instinct which is the condition precedent for the maintenance of a high standard of civilization, and it will weaken the chief remaining guarantee for the prosecution of the liberties of that subject.”1 With reflection on the above statement on remuneration, this piece of work discusses remuneration systems and promotion possibilities and how to reward efficient and independent judges from the Ugandan perspective.

POST-COSMISM AND POST-HUMANISM: TWO STRATEGIES IN THE MOD-ERN PHILOSOPHY OF THE HUMAN

Chelovek RU ◽  
2020 ◽  
pp. 217-220
Author(s):  
Natalia Rostova ◽  
Keyword(s):  
Human Exceptionalism ◽  
Current State ◽  
Human World ◽  
State Of Affairs ◽  
Post Humanism

The article analyzes the current state of affairs in philosophy in relation to the question «What is hu-man?». In this regard, the author identifies two strategies – post-humanism and post-cosmism. The strat-egy of post-humanism is to deny the idea of human exceptionalism. Humanity becomes something that can be thought of out of touch with human and understood as a right that extends to the non-human world. Post-cosmism, on the contrary, advocated the idea of ontological otherness of the human. Re-sponding to the challenges of anthropological catastrophe, its representatives propose a number of new anthropological projects.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Sign in / Sign up

Export Citation Format

Share Document