THE PRINCIPLE OF A RATIONAL LEGISLATOR AND THE SYSTEMIC REGULATION OF SOME LABOUR LAW INSTITUTIONS

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 95-106
Author(s):  
Tadeusz Kuczyński
Keyword(s):  
Subject Matter ◽  
Systemic Review ◽  
Legal Institutions ◽  
Labour Law ◽  
Individual Employee ◽  
The Subject ◽  
Employee Groups

A systemic review of selected legal institutions of employees’ disciplinary liability leads to the conclusion that the regulation of disciplinary law is not based on rational and logical assumptions. Concerns are raised as to the existence of many statutes that regulate, separately for individual employee groups and, as a rule, differently, functionally identical substantive and procedural institutions of disciplinary liability. Such differences are not explained, by the different times at which individual statutes were enacted and the subject matter differences related to the exercise of particular professions. As for the legislator, a review of the relevant provisions of law indicates that the said regulations do not, in many situations, satisfy the principle of terminological consistency or the requirement of systemic coherence. This applies in particular to norms that, due to their faulty treatment of linguistic issues relating to the rational creation of law, do not meet the requirement of the said adequacy.

scholarly journals Institutionalization of Constitutional Norms in the Dynamics of the Subject Matter of the Legal Regulation

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
N. E. Taeva
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Natural Law ◽  
Constitutional Law ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Present Stage ◽  
The Subject

In the paper based on conceptual provisions put forward by Prof. Kozlova, the author sets the objective to identify tendencies that manifest themselves in the development of constitutional and legal institutions at the present stage taking into account the dynamics of the subject of legal regulation, as well as the ongoing transformation of the Russian legal system. In this regard, the author has examined the problem of expanding the field of relations regulated under constitutional law. The author has concluded about the blurring of boundaries between institutions of constitutional law, which entails the problem of attribution of norms to a particular institution. The paper has analyzed the issue of emergence of intersectoral institutions that can be characterized as neither public nor private, as neither substantive nor procedural. This leads to the need to change the very approach to the concept of “institution of law.” It is concluded that constitutional law institutions can contain unwritten legal regulators that can include both rules of natural law and rules of conduct developed directly in the society.

scholarly journals „Obecność” średniowiecza w kształceniu studentów wydziałów prawa

2018 ◽  
Vol 69 (1) ◽  
pp. 267-282
Author(s):  
Karol Dąbrowski
Keyword(s):  
Middle Ages ◽  
Subject Matter ◽  
Law Students ◽  
Legal Institutions ◽  
Internal Security ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Polish Law ◽  
The Middle Ages

The subject matter of the Middle Ages is permanently present in the education of law students in Poland. It appears during the following classes: the history of Polish law, the general history of law, the history of political and legal doctrines. The medieval tradition can be inspiring for logicians and methodologists of science. The students of administration and internal security also better understand contemporary legal institutions if they are compared with examples from the Middle Ages.

Die Beendigung der Bestechungsdelikte

2019 ◽  
Author(s):  
Annette Schwab
Keyword(s):  
Subject Matter ◽  
The Other ◽  
Legal Institutions ◽  
Other Hand ◽  
The Subject ◽  
The One

Administering the completion of bribery offences has gained importance, especially with regard to the statute of limitations. This study therefore deals on the one hand with the question of whether the existing jurisprudence in this regard is consistent with its own premises and how it has to be adopted by other legal institutions, which are relevant with regard to the concept of completion in this context (i.e. sentencing for multiple offences, the subject matter of the ruling, qualifications, examples of delimitation as well as principal and secondary participants). On the other hand it sheds light on whether the premises of the existing jurisprudence are correct at all.

scholarly journals LABOUR DISPUTES JURISDICTION AND ITS INFLUENCE ON THE THEORY OF LABOUR LAW

2020 ◽  
pp. 70-75
Author(s):  
M. Shumylo
Keyword(s):  
Supreme Court ◽  
Subject Matter ◽  
Labour Law ◽  
Current Case ◽  
Main Research ◽  
Labour Relations ◽  
The Supreme Court ◽  
The Subject ◽  
Labour Legislation ◽  
Labour Disputes

The court's jurisdiction with regard to employment disputes is a new and unexplored aspect of the application of current labour legislation. The transformation of social and economic relations, an extensive system of specialized courts and the change of established approaches to the subject matter of labour law fundamentally modify the perceptions of labour law's place and role in the legal system of Ukraine. It leads to a reconsideration of traditional approaches to the jurisdiction in general and to the jurisdiction over labour disputes in particular. The main research method is an analytical method that has been used to analyse and categorize legal conclusions of the Great Chamber of the Supreme Court and to identify the relationship between them and the theory of labour law. The principal outcome of the research is that established approaches to the subject matter of labour law are now dated and bound to decline. The current case law of the Supreme Court continues to be in the forefront of changes concerning the application of the law and it also has a significant impact on the basis of labour law. The labour disputes nowadays can be resolved within the civil jurisdiction (based on a labour agreement), the administrative jurisdiction (labour relations in the public service) and the commercial jurisdiction (the appointment and dismissal of directors in companies). Before, the Great Chamber identified a number of labour disputes that should be settled within the alternative dispute resolution procedure.

scholarly journals Klauzule autonomiczne umów o pracę — zagadnienia pojęciowe

2019 ◽  
Vol 117 ◽  
pp. 133-145
Author(s):  
Artur Tomanek
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Labour Law ◽  
Starting Point ◽  
Legal Nature ◽  
Labour Contracts ◽  
The Subject

AUTONOMOUS CLAUSES OF LABOUR CONTRACTS — CONCEPTUAL ISSUESThe starting point of this article is the notion of an autonomous clause which was introduced into the theory of Polish labour law by Marcin Święcicki. The author of the text maintains that an employer and an employee have the freedom to agree upon autonomous clauses of a labour contract. The above-mentioned clauses are separate contracts which are amended and terminated according to rules which are different from those relating to the main contract contract of labour. The autonomous clauses form rights and obligations of the parties of the labour contract as opposed to other individual labour-law contracts and civil-law contracts. The limitations of the subject-matter of autonomous clauses should be deduced from the legal nature of the discussed clauses and the main labour contract.

Words

PMLA ◽  
1935 ◽  
Vol 50 (4) ◽  
pp. 1320-1327
Author(s):  
Colbert Searles
Keyword(s):  
Subject Matter ◽  
Assistant Professor ◽  
The Subject

THE germ of that which follows came into being many years ago in the days of my youth as a university instructor and assistant professor. It was generated by the then quite outspoken attitude of colleagues in the “exact sciences”; the sciences of which the subject-matter can be exactly weighed and measured and the force of its movements mathematically demonstrated. They assured us that the study of languages and literature had little or nothing scientific about it because: “It had no domain of concrete fact in which to work.” Ergo, the scientific spirit was theirs by a stroke of “efficacious grace” as it were. Ours was at best only a kind of “sufficient grace,” pleasant and even necessary to have, but which could, by no means ensure a reception among the elected.

The Taxonomic Structuring of Medical Information and its Usefulness in this Form

1965 ◽  
Vol 04 (03) ◽  
pp. 112-114 ◽  
Author(s):  
H. Zinsser
Keyword(s):  
Subject Matter ◽  
Medical Information ◽  
Central Core ◽  
Diagnostic Strategy ◽  
Programmed Instruction ◽  
Orderly Fashion ◽  
The Subject

An outline has been presented in historical fashion of the steps devised to organize the central core of medical information allowing the subject matter, the patient, to define the nature and the progression of the diseases from which he suffers, with and without therapy; and approaches have been made to organize this information in such fashion as to align the definitions in orderly fashion to teach both diagnostic strategy and the content of the diseases by programmed instruction.

العربية المقاربة المقاصديّة في ردّ ابن فودي على القادح في جلستهم الدعويّة

2018 ◽  
Vol 6 (3) ◽  
Author(s):  
Alawiye Abdulmumin Abdurrazzaq ◽  
Ahmad Wifaq Mokhtar ◽  
Abdul Manan Ismail
Keyword(s):  
Nineteenth Century ◽  
West Africa ◽  
Subject Matter ◽  
Analytical Methods ◽  
Men And Women ◽  
The Subject

This article is aimed to examine the extent of the application of Islamic legal objectives by Sheikh Abdullah bn Fudi in his rejoinder against one of their contemporary scholars who accused them of being over-liberal about the religion. He claimed that there has been a careless intermingling of men and women in the preaching and counselling gathering they used to hold, under the leadership of Sheikh Uthman bn Fudi (the Islamic reformer of the nineteenth century in Nigeria and West Africa). Thus, in this study, the researchers seek to answer the following interrogations: who was Abdullah bn Fudi? who was their critic? what was the subject matter of the criticism? How did the rebutter get equipped with some guidelines of higher objectives of Sharĩʻah in his rejoinder to the critic? To this end, this study had tackled the questions afore-stated by using inductive, descriptive and analytical methods to identify the personalities involved, define and analyze some concepts and matters considered as the hub of the study.

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