The Legal Framework on Disappearances in Mexico: From Demands to the Law and Back to Demands

2021 ◽  
pp. 97-122
Author(s):  
Sandra Serrano ◽  
Volga de Pina Ravest
Keyword(s):  
Decision Making ◽  
Legal Framework ◽  
Institutional Changes ◽  
Legal Authority ◽  
Legal Change ◽  
General Law ◽  
Institutional Structures ◽  
The Law ◽  
Persistent Violence ◽  
The Government

This chapter explains that the General Law on Disappearances in Mexico is a legal change achieved by a broad mobilisation of families of victims of disappearance in a challenging context of persistent violence in the country. The Law helps to improve the relevant standards related to searching for disappeared persons, guaranteeing the rights of the victims’ families, furthering the investigation of forced disappearance caused by the government and/or individuals, as well as creating the institutional structures focused on the search for persons. Despite this, the law’s innovative advances coexist alongside previous institutional mechanisms that perpetuate practices contrary to the rights of victims and their families, which risk neutralising the Law. Accordingly, the chapter focuses on the promotion of legal mobilisation strategies in countries, such as Mexico, which accept normative and institutional changes without worrying about their enforcement, since, in practice, new provisions clash with previously created structures that have similar legal authority but greater decision-making power, and are, thus, better able to exercise that authority.

scholarly journals How Does the Law and Policy Encourage Towards a Low Carbon Energy Transition in the Scotland?

2019 ◽  
Vol 24 ◽  
pp. 26-31
Author(s):  
Md. Raisul Islam Sourav
Keyword(s):  
Energy Transition ◽  
Legal Framework ◽  
Electricity Sector ◽  
Low Carbon ◽  
Law And Policy ◽  
The Law ◽  
The Government ◽  
Laws And Policies ◽  
The Uk ◽  
Low Carbon Energy

This article contains a doctrinal analysis of the law and policy encouragement towards a low carbon energy transition in the Scotland. To do this, the present article is primarily focused on electricity sector of the Scotland and its commitment towards a low carbon transition in this sector in coming years. This article analyzes the existing significant laws and policies in Scotland that encourage towards a low carbon transition. However, it also evaluates international obligation upon the Scotland and the UK, as well, towards this transition. Subsequently, it assesses the UK’s legal framework in this regard. However, Scotland is firmly committed to achieve its targets towards a low carbon transition in the power sector although it needs more incentive and tight observation of the government to smoothen the process.

scholarly journals Tax control and inspection supervision in the Republic of Serbia: Characteristics of the legal framework and the need for coordination

Ekonomika ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 75-90
Author(s):  
Milan Rapajić ◽  
Milivoje Lapčević ◽  
Violeta Miladinović
Keyword(s):  
Tax Evasion ◽  
Legal Framework ◽  
General Law ◽  
Official Control ◽  
Tax Laws ◽  
The Subject ◽  
Comprehensive Reform ◽  
The Law ◽  
The Republic ◽  
Rule Out

Today, the success of entire tax system is viewed through the effectiveness of tax control. Tax control activities are performed by tax inspectors with special authorities, duties and responsibilities, and its purpose is to control whether taxpayers activities comply with tax laws and regulations. With the adoption of the Law on inspection supervision, the Republic of Serbia has implemented a crucial, comprehensive reform of inspection bodies and the process of inspection supervision which has been of great significance for public administration, economy and citizens. The provisions of this law are applied to tax procedures based on the principle of subsidiarity, while the activities of tax inspection are mostly based on the provisions of the Law on tax procedure and tax administration. In tax procedures, the issues which are not regulated by the general Law on inspection supervision, are the subject of another specific law-however, the direct application of the specific law cannot rule out or restrict the application of the law which governs the issues of inspection supervision and official control which are not regulated by the specific law. In this paper, the author discusses the similarities and differences between two laws and solutions for their harmonization underlining their advantages and weaknesses aimed at ensuring the maximum compliance with tax laws and reduction of tax evasion and shadow economy.

scholarly journals An assessment of the constitutionality of the COVID-19 regulations against the requirement to facilitate public participation in the law-making and/or administrative processes in South Africa

2021 ◽  
Vol 25 ◽  
pp. 1-36
Author(s):  
Ntokozo Sobikwa ◽  
Moses Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Public Participation ◽  
Legal Framework ◽  
Constitutional Democracy ◽  
The Core ◽  
The Law ◽  
The Government ◽  
Law Making

The purpose of this article is to critically assess the constitutionality of the COVID-19 regulations against the backdrop of the constitutional mandate to facilitate public participation in the law-making process in South Africa. This assessment is conducted by outlining the scope and content of public participation. This will be followed by an exposition of the legal framework that provides for the duty to facilitate public participation in South Africa. Thereafter, the scope and content of the duty to facilitate public participation is assessed against the conduct of the government in promulgating the COVID-19 regulations. The authors argue that the disregard for and limited nature of public participation during the process leading up to the enactment of the COVID-19 regulations amount to a material subversion of the core tenets of our constitutional democracy and largely renders the COVID-19 regulations unconstitutional for lack of procedural compliance with the demands of the Constitution. The authors provide a few recommendations to remedy the unconstitutionality of the regulations and further propose guidelines to facilitate public participation in cases of future pandemics and/or disasters of this nature.

Angolan privatisation will test Lourenco reform agenda

2019 ◽  
Keyword(s):  
Legal Framework ◽  
Institutional Changes ◽  
Content Type ◽  
Reform Agenda ◽  
Political Interference ◽  
The Us ◽  
Privatisation Programme ◽  
The Government ◽  
Oil Revenues

Significance Lourenco’s government launched in August its flagship Privatisation Programme (PROPRIV), with 195 companies and assets set to be either fully or partially sold. With a legal framework in place promising ostensible transparency, the process is officially set to take four years. Impacts UNITEL's proposed privatisation will likely create new conflict between the Dos Santos family and Lourenco after a period of accommodation. Ruling MPLA bureaucrats will strongly resist the (part-)privatisation of former cash cows, such as national carrier TAAG. Corruption in Sonangol’s external operations may have lessened under Lourenco, but political interference remains rife in its subsidiaries. The US authorities may pressure Luanda to use revenues from PROPRIV to settle outstanding debts to US firms. The government will look to the diamond sector to boost non-oil revenues, after recent institutional changes and a new tender process.

Algorithmic Decision-making and the Law

2020 ◽  
Vol 12 (1) ◽  
pp. 114-131
Author(s):  
Dirk Brand
Keyword(s):  
Decision Making ◽  
Policy Development ◽  
Industrial Revolution ◽  
Legal Framework ◽  
Public Law ◽  
Ethical Framework ◽  
Fourth Industrial Revolution ◽  
Technological Developments ◽  
The Law ◽  
Legal Frameworks

The Fourth Industrial Revolution is reshaping the world we know dramatically and is characterised by a close interaction between the biological, digital and physical spheres.  Digital technologies are impacting all facets of our lives and create a series of new opportunities but also various challenges.  The Fourth Industrial Revolution does not follow a linear development trajectory, but due to the diverse nature and rapid pace of technological developments, could rather be compared to a series of networks with multiple connecting points.  This has caused the development of the law which deals with these concerns to generally be slow and unable to match the pace and scope of technological developments. In the context of public law there are many questions and challenges relating to individual rights, for example the right to privacy, and the role and responsibilities of government relating to policy development and regulation dealing with the Fourth Industrial Revolution.  The concept of a Rechtsstaat could arguably provide an appropriate legal framework for shaping the ethical framework, normative standards and a value-based governance model for the Fourth Industrial Revolution, including for algorithmic decision-making. The public law concept of accountability should be contextualised in order to apply it to algorithmic decision-making.  In the data-driven economy of the 21st century the pace and scope of technological developments that impact humanity requires the development of appropriate legal frameworks to reflect and accommodate the needs of society, in particular relating to the recognition of fundamental human rights.  It is concluded that  a broad set of ethical and legal principles, which can guide the development of international and national legal frameworks to regulate algorithmic decision-making, is needed.

Penerapan Teknik Analytical Hierarchi Process (AHP) Dalam Pengambilan Keputusan Pembiayaan Produktif (Studi Kasus Pada Bank JATIM Syariah Cabang Darmo)

2017 ◽  
Vol 3 (4) ◽  
pp. 311
Author(s):  
Firdausi Nuzula ◽  
Dina Fitrisia Septiarini
Keyword(s):  
Decision Making ◽  
Harmonic Average ◽  
Major Criterion ◽  
The Law ◽  
The Government

The purpose of this study was to determine the main criteria of decision-making for productive financing based on the level of interest by using AHP technique. Results of this study is the capital criteria become a major criterion in the decision-making productive financing. Most important sub-criteria of Character is payment commitments. Most important sub-criteria of Capacity is obtained from customer turnover per month. Most important subcriteria of Capital is trackrecord of prospective customer payments. Most important subcriteria of Collateral is the ownership of the collateral and the authenticity of the documents. Most important sub-criteria of Condition of Economy is the business both in the side of the law and the government. The results of all the weighting of criteria and sub-criteria through the process of harmonic average from seventh informant’s answers.

scholarly journals The Opacity of Law: On the Hidden Impact of Experts’ Opinion on Legal Decision-making

2021 ◽  
Author(s):  
Damiano Canale
Keyword(s):  
Decision Making ◽  
Expert Opinion ◽  
Legal Authority ◽  
Legal Decision ◽  
Legal Text ◽  
Legal Decision Making ◽  
The Law ◽  
Fact Finding ◽  
Linguistic Content

AbstractIt is well known that experts’ opinion and testimony take on a decisive weight in judicial fact-finding, raising issues and perplexities that have long been under scholarly scrutiny. In this paper I argue that expert’s opinions have a much wider impact on legal decision-making. In particular, they may generate a problem that I will call ‘the opacity of law’. A legal text, such as a statute or regulation, becomes opaque if a legal authority is not able to grasp its full linguistic content but is nevertheless in a position to use it, thanks to an expert’ opinion, in legal decision-making. When this occurs, not only do experts contribute to fact-finding but also to determining the content of the law. In the paper I analyse the linguistic and cognitive sources of this phenomenon, its characteristics and troublesome consequences, and the different kinds of opacity that may affect legal decision-making.

scholarly journals The Draft Mental Incapacity Bill

2014 ◽  
Vol 1 (10) ◽  
pp. 16
Author(s):  
Camilla Parker
Keyword(s):  
Decision Making ◽  
Current System ◽  
Reform Process ◽  
Decision Making Process ◽  
Comprehensive Reform ◽  
The Law ◽  
The Government ◽  
Significant Stage ◽  
Draft Bill ◽  
Consultation Paper

<p align="LEFT">Despite the general agreement with the Law Commission’s assessment of the failings of the current system for decision-making on behalf of people who lack the capacity to make decisions for themselves, the steps towards achieving comprehensive reform, as recommended in its report, Mental Incapacity, has been a protracted process. Mental Incapacity was followed, two years later, by a consultation paper – 'Who Decides? Making Decisions on Behalf of Mentally Incapacitated People' – in which the Government sought views on the Law Commission’s recommendations for reform. In October 1999, the Lord Chancellor’s Department published 'Making Decisions', which set out the Government’s proposal for reform, "in the light of the responses to the consultation paper Who Decides".</p><p align="LEFT">In June of last year the reform process moved to a significant stage with the publication of the Government’s draft Mental Incapacity Bill (‘the Draft Bill’). This set out proposals to reform the law: "in order to improve and clarify the decision making process for those aged 16 and over who are unable to make decisions for themselves." Thus provisions set out in the Draft Bill are based on the Law Commission’s recommendations.</p>

scholarly journals Charlie Gard: in defence of the law

2018 ◽  
Vol 44 (7) ◽  
pp. 476-480 ◽  
Author(s):  
Eliana Close ◽  
Lindy Willmott ◽  
Benjamin P White
Keyword(s):  
Decision Making ◽  
Medical Treatment ◽  
Legal Framework ◽  
Best Interests ◽  
Independent State ◽  
Current Role ◽  
Alternative Approach ◽  
Life Sustaining Treatment ◽  
The Law ◽  
Difficult Cases

Much of the commentary in the wake of the Charlie Gard litigation was aimed at apparent shortcomings of the law. These include concerns about the perceived inability of the law to consider resourcing issues, the vagueness of the best interests test and the delays and costs of having disputes about potentially life-sustaining medical treatment resolved by the courts. These concerns are perennial ones that arise in response to difficult cases. Despite their persistence, we argue that many of these criticisms are unfounded. The first part of this paper sets out the basic legal framework that operates when parents seek potentially life-sustaining treatment that doctors believe is against a child’s best interests, and describes the criticisms of that framework. The second part of the paper suggests an alternative approach that would give decision-making power to parents, and remove doctors’ ability to unilaterally withhold or withdraw life-sustaining treatment that they regard is futile. This proposal is grounded in several values that we argue should guide these regulatory choices. We also contend that the best interests test is justifiable and since the courts show no sign of departing from it, the focus should be on how to better elucidate the underlying values driving decisions. We discuss the advantages of our proposed approach and how it would address some of the criticisms aimed at the law. Finally, we defend the current role that the judiciary plays, as an independent state-sanctioned process with a precedent-setting function.

Wither Legislative Supremacy?

2020 ◽  
pp. 191-214
Author(s):  
Adam B. Cox ◽  
Cristina M. Rodríguez
Keyword(s):  
Decision Making ◽  
Immigration Policy ◽  
Separation Of Powers ◽  
Immigration Law ◽  
Legal Regime ◽  
System P ◽  
Democratic Engagement ◽  
History Of ◽  
The Law ◽  
The Government

This chapter evaluates a central critique of the President’s power to make policy through enforcement, embodied in Justice Anthony Kennedy’s exclamation that President Obama’s relief initiatives would have turned the government “upside down.” This worry that the Executive might transform its authority to enforce the law into a legislative power that belongs to Congress is misplaced. The history of presidential immigration law underscores why. After demonstrating the impossibility of constraining enforcement judgments through a lawyerly search through the immigration code for congressional priorities, the chapter then explains and defends a two-principals model of decision-making, using the terms of contemporary separation of powers theory. The governance in which the Executive engages as a co-principal in the formulation of immigration policy provides a vital complement to the legislature, not only by checking legislative excess and adapting the legal regime in response to the effects of the law on the ground, but also by expanding possibilities for democratic engagement and policymaking within an otherwise sluggish system.

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