scholarly journals Judicial oversight and the impact of laws to prevent liability

2020 ◽  
Vol 9 ◽  
pp. 259-270
Author(s):  
Median Jamal Al Mahasneh ◽  
Mohamad Baraa Basel Abuanzeh
Keyword(s):  
The State ◽  
Customary Law ◽  
Administrative Authority ◽  
Martial Law ◽  
State Of Emergency ◽  
Legislative Authority ◽  
Executive Authority ◽  
The Law ◽  
The Right ◽  
The Impact

The authority based on martial law or the state of emergency is accustomed to issuing legislation that works to prevent the judiciary from considering its actions that are in implementation of the customary law, and that is either during the establishment of exceptional circumstances or after its expiry meaning that it prevents individuals from resorting to the judiciary to challenge their exceptional authority Authorized to it according to the texts governing the exceptional circumstances (). The most dangerous thing that the legislative or executive authority usually does regarding a state of emergency is what it issues from laws or instructions called the laws of inclusive (laws of lifting responsibility) even though the correctness of its name in estimating some of them should be the laws of exemptions from implications (). This is because this immunization according to these laws will inevitably lead to the inability of any victim to resort to the judiciary, in the event that those who implement martial law or the state of emergency exceed their competences entrusted to them under exceptional circumstances. The Raising the Liability Law or the Implications Law is defined as legislation whose purpose is to legitimize actions that were at the time of their unlawful act, and to exempt the persons who are subject to them from the responsibility of assaulting the law, and this is what Jordan and other countries followed like France and Egypt, and that was in times of declaring martial law and a state Emergency. The methods of immunization vary and its extent varies, it may be partially preventing the appeal of cancellation or requesting the suspension of the implementation of the administrative decision only, so individuals are permitted to even seek compensation for the damage caused by the immune decision, and it may be totally, thus giving the administrative decision total immunity, whether in terms of cancellation or suspension of execution or Compensation, and it may be an absolute immunization, as it stipulates that the decision may not be appealed in any way of appeal before any judicial or administrative authority, and the immunization may be proportional, that is, with regard to preventing the appeal of the decision before the judiciary with the assignment of jurisdiction in relation to it to an administrative authority or committee, In terms of the immunization tool, it may be either by a law issued by the legislative authority, and this is the overwhelming majority, and it may be inferior to the law, such as regular systems such as customary management instructions in Jordan .   In this paper, I will discuss the position of the judiciary in Jordan and the comparative judiciary regarding these legislations. To determine the impact of these laws on the right of individuals to seek legal redress when they are harmed through two topics:

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals اعمال السيادة في ظل التطور التشريعي والقضائي في النظم المقارنة

2020 ◽  
Vol 29 (2) ◽  
pp. 141-189
Author(s):  
وسام صبار العاني
Keyword(s):  
Judicial Review ◽  
The State ◽  
Legal Systems ◽  
Second Amendment ◽  
Executive Authority ◽  
The Law ◽  
The Right ◽  
Council Of State ◽  
First Time ◽  
Judicial Systems

Acts of sovereignty means a group of acts performed by the executive authority, and shall not be subjected to the Judicial review by cancelation or compensation.     Therefore, the acts of sovereignty - in such situation - considered to be out of legitimacy, and have been subjected to a great criticism by the French jurisprudence and then the Egyptian jurisprudence on the bias that the executive authority may employ the idea of acts of sovereignty in its favor, by performing whatever acts in the form of sovereignty, that shall be sufficient to make such acts out of legitimacy and law rules, in such case the judiciary shall not have the right of cassation, or contestations against such acts nor the seeks of compensation because of the damages resulted by such acts. Hence the seriousness of this theory appears which was created by the French judiciary.      The idea of acts of sovereignty has played an important role in the conflict of the state authorities, and highlighted the importance of the legitimacy principle, and the legality of the state through theJurisprudential disagreements and discussions.      Although that such theory was created in the French administrative judiciary, it could be found in other judicial systems of other countries such as Egypt and Iraq. And although the weakness of such theory, it could be alive until now, furthermore, it could have a power in many common legal systems. Because of the absence of the administrative judiciary in Iraq, the researchers could not practice such theory with its activities. As the second amendment law was issued of the law of council of state No.(106) in 1989, announcing the administrative judiciary by establishing a court (for the first time) in which the cassation in the trueness of the orders and decisions issued by the employees and administrative bodies shall be performed.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

Slavery and Ransom

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
Eighteenth Century ◽  
Ottoman Empire ◽  
Young Men ◽  
Individual Characteristics ◽  
The State ◽  
Customary Law ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
The Law

This chapter explores captives’ fates after their capture, all along the Ottoman land and maritime frontiers, arguing that this was largely determined by individuals’ value for ransom or sale. First this was a matter of localized customary law; then it became a matter of inter-imperial rules, the “Law of Ransom.” The chapter discusses the nature of slavery in the Ottoman Empire, emphasizing the role of elite households, and the varying prices for captives based on their individual characteristics. It shows that the Ottoman state participated in ransoming, buying, exploiting, and sometimes selling both female and male captives. The state particularly needed young men to row on its galleys, but this changed in the late eighteenth century as the fleet moved from oars to sails. The chapter then turns to ransom, showing that a captive’s ability to be ransomed, and value, depended on a variety of individualized factors.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

scholarly journals Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

scholarly journals Female directors in Italy: The state of art after the mandatory gender quota

2017 ◽  
Vol 14 (3) ◽  
pp. 157-169 ◽  
Author(s):  
Barbara Sveva Magnanelli ◽  
Elisa Raoli ◽  
Riccardo Tiscini
Keyword(s):  
Family Firms ◽  
The State ◽  
Board Composition ◽  
Corporate Boards ◽  
Female Directors ◽  
Before And After ◽  
The Law ◽  
The Difference ◽  
The Impact ◽  
State Of Art

The purpose of this paper is to investigate the state of art of female directors in terms of presence, role and remuneration for Italian corporate boards. The analysis wants to highlight the changes occurred after the introduction of the mandatory female quotas legislation in 2012 and to check how many firms are already complying with the law after 2 years. The picture of the state of art is drawn looking at 163 Italian listed firms for a period of 4 years, from 2011 to 2014. The analysis of the data reveals relevant differences in board composition before and after the law. A significant result concerning the presence of female directors stands in the difference between family and non-family firms: the first are those with higher number of female members in the board. Additionally, an interesting data refers to the amount of remuneration for women, which is significantly lower than the remuneration provided to male directors. Being the first work which charts the situation of board composition and board member remuneration in Italy before and after female quotas introduction, this paper wants to trace some key points for future analysis about the impact of female quotas on various firm’s aspects, such as firm performance, firm earning management and quality, governance characteristics.

scholarly journals Analysis of Mass Medias Effect on Formation Youths Mindset in the Media Landscape

2019 ◽  
Vol 8 (4) ◽  
pp. 763-773
Author(s):  
Svetlana Koryagina ◽  
Irina Kravchenko
Keyword(s):  
Information And Communication Technologies ◽  
The State ◽  
The Other ◽  
Young Generation ◽  
Government Control ◽  
Role Of The State ◽  
Youth Media ◽  
The Media ◽  
The Right ◽  
The Impact

The article describes the impact of the Mass Media on the formation of the worldview of the young. This impact may be positive or negative. On the one hand, the media educate young people and enhance their participation in public life. On the other hand, they may mislead or promote false values, and manipulate the young generation’s consciousness. What helps people not to get involved into the tried-and-true crowd manipulation scheme in the media landscape is critical thinking, whose lack results in inability to choose the right guidelines in the flow of false information provided by various Media. The authors emphasize the role of the state, which, regarding the needs of the society, should enculturate the young generation, as well as exercise tight control over communication in the global web and publications in the Internet Media and social networks. One of the directions of the state’s policy is expanding the geography of information and communication technologies, and the other is ensuring information security of the young in general and adolescents in particular. To provide this, the state develops organizational and legal mechanisms aimed at protecting children from harmful information in the web, and requirements for the content, its expert evidence and government control. The article demonstrates the results of a study carried out by the authors to assess the current youth Media and their influence on criminality. The key criterion for selecting participants of the focus group was young age, since the young are the most active and the least protected players in the media landscape. The sampling was made by random choice in order to ensure equal opportunities for participation in the study.

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