Konstytucyjne gwarancje praw jednostki. Model szwedzki i nowozelandzki

2019 ◽  
Vol 76 ◽  
pp. 322-340
Author(s):  
Katarzyna Sikora
Keyword(s):  
New Zealand ◽  
Bill Of Rights ◽  
Or Education ◽  
Legal Standards ◽  
The People ◽  
Treaty Of Waitangi ◽  
International Obligations ◽  
The Government ◽  
The Right ◽  
Right To Dignity

The purpose of this article is to analyse and describe fundamental individual rights in relation to the Constitution of Sweden and New Zealand. Basic human rights include the right to dignity, right to liberty and the right to equality. Everyone is equally entitled regardless of origin, race, gender or education. Based on the analysis of several acts concerning the constitutional legislation of both countries it is evident that there is a lack of uniformity the nature of these have been complex and difficult to convey. Concerning Sweden, the Constitution consists of four acts in which the act of government includes standards governing and representing protection of the rights a liberty of a citizen. Constitutional legislation of New Zealand is more complicated because it consists of the Treaty of Waitangi 1840, The New Zealand Bill of Rights Act 1990, numerous laws, statutes setting up by the New Zealand Parliament as well as numerous constitutional customs, which may constitute legal standards and translate into precedent acts of courts. Despite the daily violation of rights in both Sweden and New Zealand, the complex legal systems protect and secure the rights of the people in their countries by introducing a series of laws and other regulations. The government of both countries, as well as public authority and other non-governmental organisations do their best to ensure they are respected and not violated. It should be noted that both Sweden and New Zealand have proven to comply with the obligations imposed on them under their national and international obligations with some undoubtable success, with generally well accepted principles in the whole civilised world.

scholarly journals The Right to Vote: Implications of New Zealand's International Legal Obligations and the New Zealand Bill of Rights Act 1990

1996 ◽  
Vol 26 (3) ◽  
pp. 575
Author(s):  
Sarah McClelland
Keyword(s):  
New Zealand ◽  
Bill Of Rights ◽  
Legal Obligations ◽  
Electoral Laws ◽  
International Obligations ◽  
Right To Vote ◽  
The Right

This article challenges several aspects of the then-new electoral laws outlining the MMP ("Mixed Member Proportional") system, and claims that they are not consistent with international obligations or with the right to vote set out in the New Zealand Bill of Rights Act 1990. The aspects covered are the rules relating to voting by prisoners, the residential requirements for voting, and the election of list MPs.

scholarly journals The Right to Language and its Contemporary Significance for New Zealand

2021 ◽  
Author(s):  
◽  
Charlotte Connell
Keyword(s):  
New Zealand ◽  
Direct Action ◽  
Minority Languages ◽  
Political Rights ◽  
Linguistic Minorities ◽  
Bill Of Rights ◽  
Television Broadcasting ◽  
Treaty Of Waitangi ◽  
The Right ◽  
Secure Place

<p>The right of linguistic minorities to speak their own language in community with other members of their group (the right to language) is deserving of specific attention for two reasons. Firstly, language is the currency of communication and one of the key indicia of cultural identity; and secondly, ensuring minorities have a secure place within a State is pivotal to promoting peace and stability within a nation. There are three sources of the right to language in New Zealand : the International Covenant on Civil and Political rights, the New Zealand Bill of Rights Act 1990, and the Treaty of Waitangi (for the Maori and Moriori languages). The right to language protects against both direct action by the State to limit linguistic minorities' use of their language. and State neglect of a minority language. This paper explores the right to language in the New Zealand context including the sources and elements of the right to language; the application of the right to the Maori language (and what lessons can be learned from this experience for the Moriori language); and two modes of revitalisation of minority languages: official recognition and television broadcasting. The paper observes that while the steps to improve language acquisition and use of the Maori language are admirable and need to continue to secure a meaningful place for that language in New Zealand, the Moriori language is in serious jeopardy and in need of urgent attention. Finally, the paper examines whether the principles of the Treaty of Waitangi may provide sound guidance for the consideration of the place of minority languages in policy and law making in New Zealand.</p>

scholarly journals "Strangers in the House": The Maori Language in Government and the Maori Language in Parliament 1840-1900

2001 ◽  
Vol 32 (3) ◽  
pp. 865
Author(s):  
Phil Parkinson
Keyword(s):  
New Zealand ◽  
House Of Representatives ◽  
Parliamentary Debates ◽  
Legislative Council ◽  
Treaty Of Waitangi ◽  
The Government ◽  
Adequate Provision ◽  
The Right

The Treaty of Waitangi conferred upon Her Majesty's new subjects "all the rights andprivileges of British subjects" and that included, in theory, the right to be represented in the infantgovernment. In practice, however, the right of Maori to vote in elections was not taken seriouslyuntil 1858 and the presence of formally elected members in the House of Representatives was not achieved until August 1868. When they did speak in 1868 the first four Maori members spoke inMaori, and no adequate provision was made for the translation of their words, or for the words ofother members to be translated for them. The proceedings of the House were not printed in Maoriand the Maori members' speeches were not translated except when it suited the government of theday.Over the next few decades after 1868 there was only an irregular compliance with the standingorders of the House of Representatives and the Legislative Council that Bills and Acts be prepared inboth Maori and English for the better information of "Her Majesty's subjects of the Native Race".This study traces the extent of the use of the Maori language in the House and in the Council andpoints to a large number of extant Bills and Acts in Maori as well as to the large number whichhave not survived but which are referred to in the New Zealand parliamentary debates. These little-known texts deserve recognition as expressions of legislation in an indigenous tongue reflectingindigenous concerns but they have usually been disregarded in a European-dominated GeneralAssembly.

scholarly journals The Right to Language and its Contemporary Significance for New Zealand

2021 ◽  
Author(s):  
◽  
Charlotte Connell
Keyword(s):  
New Zealand ◽  
Direct Action ◽  
Minority Languages ◽  
Political Rights ◽  
Linguistic Minorities ◽  
Bill Of Rights ◽  
Television Broadcasting ◽  
Treaty Of Waitangi ◽  
The Right ◽  
Secure Place

<p>The right of linguistic minorities to speak their own language in community with other members of their group (the right to language) is deserving of specific attention for two reasons. Firstly, language is the currency of communication and one of the key indicia of cultural identity; and secondly, ensuring minorities have a secure place within a State is pivotal to promoting peace and stability within a nation. There are three sources of the right to language in New Zealand : the International Covenant on Civil and Political rights, the New Zealand Bill of Rights Act 1990, and the Treaty of Waitangi (for the Maori and Moriori languages). The right to language protects against both direct action by the State to limit linguistic minorities' use of their language. and State neglect of a minority language. This paper explores the right to language in the New Zealand context including the sources and elements of the right to language; the application of the right to the Maori language (and what lessons can be learned from this experience for the Moriori language); and two modes of revitalisation of minority languages: official recognition and television broadcasting. The paper observes that while the steps to improve language acquisition and use of the Maori language are admirable and need to continue to secure a meaningful place for that language in New Zealand, the Moriori language is in serious jeopardy and in need of urgent attention. Finally, the paper examines whether the principles of the Treaty of Waitangi may provide sound guidance for the consideration of the place of minority languages in policy and law making in New Zealand.</p>

Paradigma Pembangunan Desa dalam Pengelolaan Keuangan Desa Berdasarkan Undang-Undang Nomor 6 Tahun 2014 Tentang Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 117-132
Author(s):  
Betha Rahmasari
Keyword(s):  
Regional Development ◽  
Financial Management ◽  
Sustainable Use ◽  
Economic Potential ◽  
Village Community ◽  
Development Organizations ◽  
The People ◽  
The Government ◽  
The Right ◽  
The Village

This article aims to find out the developmentidea or paradigm through village financial management based on Law Number 6 of 2014 concerning Villages. In this study, the researcher used a normative research methodby examining the village regulations in depth. Primary legal materials are authoritatuve legal materials in the form of laws and regulations. Village dependence is the most obvious violence against village income or financial sources. Various financial assistance from the government has made the village dependent on financial sources from the government. The use of regional development funds is intended to support activities in the management of Regional Development organizations. Therefore, development funds should be managed properly and smoothly, as well as can be used effectively to increase the people economy in the regions. This research shows that the law was made to regulate and support the development of local economic potential as well as the sustainable use of natural resources and the environment, and that the village community has the right to obtain information and monitor the planning and implementation of village development.

JUSTICE AND SOCIAL CHANGE FOR INCLUSIVE EDUCATION IN INDONESIA AND ASEAN FOR DISABLED PERSONS (STUDY ON PEOPLE AFFECTED BY LEPROSY)

2017 ◽  
Vol 1 (1) ◽  
pp. 1-5
Author(s):  
Nuah Perdamenta Tarigan ◽  
Christian Siregar ◽  
Simon Mangatur Tampubolon
Keyword(s):  
Inclusive Education ◽  
Local Governments ◽  
Disabled Persons ◽  
Equal Rights ◽  
Central Java ◽  
The People ◽  
Asean Countries ◽  
The Government ◽  
The Moment ◽  
The Right

Justice that has not existed and is apparent among the disabilities in Indonesia is very large and spread in the archipelago is very large, making the issue of equality is a very important thing especially with the publication of the Disability Act No. 8 of 2016 at the beginning of that year. Only a few provinces that understand properly and well on open and potential issues and issues will affect other areas including the increasingly growing number of elderly people in Indonesia due to the increasing welfare of the people. The government of DKI Jakarta, including the most concerned with disability, from the beginning has set a bold step to defend things related to disability, including local governments in Solo, Bali, Makassar and several other areas. Leprosy belonging to the disability community has a very tough marginalization, the disability that arises from leprosy quite a lot, reaches ten percent more and covers the poor areas of Indonesia, such as Nusa Tenggara Timur, Papua, South Sulawesi Provinces and even East Java and West Java and Central Java Provinces. If we compare again with the ASEAN countries we also do not miss the moment in ratifying the CRPD (Convention of Rights for People with Disability) into the Law of Disability No. 8 of 2016 which, although already published but still get rejections in some sections because do not provide proper empowerment and rights equality. The struggle is long and must be continued to build equal rights in all areas, not only health and welfare but also in the right of the right to receive continuous inclusive education.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

From Property Rights to Liberty Rights: We the Corporations, A Review Essay

2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Political Process ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
State Action ◽  
Unequal Treatment ◽  
The People ◽  
The Right ◽  
We The People

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?

Medical Device Regulation and the Proposed Therapeutic Products Bill: Devising a New Regime

2021 ◽  
Vol 52 (2) ◽  
pp. 319-342
Author(s):  
Laura Hardcastle
Keyword(s):  
Patient Safety ◽  
New Zealand ◽  
Medical Devices ◽  
Cosmetic Products ◽  
Regulatory Oversight ◽  
Speed To Market ◽  
The Government ◽  
The Right ◽  
Promote Patient Safety ◽  
Medical Device Regulation

Despite medical devices being integral to modern healthcare, New Zealand's regulation of them is decidedly limited, with repeated attempts at reform having been unsuccessful. With the Government now indicating that new therapeutic products legislation may be introduced before the end of the year, the article considers the case for change, including to promote patient safety, before analysing the draft Therapeutic Products Bill previously proposed by the Ministry of Health, and on which any new legislation is expected to be based. It concludes that, while the proposed Bill is a step in the right direction, introducing regulatory oversight where there is currently next to none, there is still significant work to be done. In particular, it identifies a need to clarify whether the regime is indeed to be principles-based and identifies further principles which might be considered for inclusion. It further proposes regulation of cosmetic products which operate similarly to medical devices to promote safety objectives, while finding a need for further analysis around the extent to which New Zealand approval processes should rely on overseas regulators. Finally, it argues that, in an area with such major repercussions for people's health, difficult decisions around how to develop a framework which balances safety with speed to market should not be left almost entirely to an as yet unknown regulator but, rather, more guidance from Parliament is needed.

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