scholarly journals Minor offences as a constitutional category

2006 ◽  
Vol 78 (9) ◽  
pp. 139-149
Author(s):  
Alenka Šelih
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Judicial System ◽  
Main Issue ◽  
Administrative System ◽  
European Legislation ◽  
Administrative Justice

Slovenian Constitution, like many constitutions of other countries does not define minor offence as a punishable act or breach of constitutional provisions. Administrative system and system of administrative justice can never guarantee such impartiality as judicial system. Repressive role of the administrative authorities is differently regulated in the contemporary European legislation. From the constitutional point of view, the main issue related to the minor offences is whether it is legally justifiable that administrative authorities have repressive function. The new Slovenian legal system insists on broad competences of the specialized administrative bodies provided that protection before the court is guaranteed.

scholarly journals PERAN MAJELIS ADAT ACEH DALAM PENYELESAIAN SENGKETA WARIS TERHADAP TANAH DI KECAMATAN TEMPUK TENGOH KOTA LHOKSEUMAWE

2019 ◽  
Vol 5 (1) ◽  
pp. 145
Author(s):  
Ucha Hadi Putri
Keyword(s):  
Legal System ◽  
Local Communities ◽  
Administrative System ◽  
Kinship System ◽  
The People ◽  
Inheritance System ◽  
The Government ◽  
Conducting Research ◽  
Special Region

There are three inheritance legal systems in Indonesia, namely, Islamic inheritance legal system, Customary inheritance legal system and Civil inheritance legal system. The people of Aceh adhere to a parental kinship system, meaning the inheritance system in giving the position of sons and daughters, that is, equally have the opportunity to become heirs. Based on Law Number 40 of 1999 Concerning Aceh's Privileges in Article 3 paragraph 2, it is agreed that Aceh is a Special Region in the fields of adat, religion, and education. The government provides space for local communities to restore existing adat in the community, one of which is to approve the inheritance dispute that was approved by the Majelis Adat Aceh. The author is interested in conducting research on the role of the Majelis Adat Aceh in resolving inheritance disputes over land in the teungoh sub-district of Lhokseumawe, the author uses empirical juridical methods in the field at the research site with the source of the law or debate requested requested. The role of the Majelis Adat Aceh in completing the legalization has not been completed properly, from the administrative system also the application of the decision of the Majelis Adat Aceh.

The Indian Judicial System: Transition from Print to Digital

2013 ◽  
Vol 13 (3) ◽  
pp. 203-208 ◽  
Author(s):  
Raj Kumar Bhardwaj
Keyword(s):  
Legal System ◽  
Historical Development ◽  
Judicial System ◽  
Legal Information ◽  
The Third ◽  
System Transition ◽  
Electronic Administration

AbstractIn this, the third of a trilogy of articles for LIM written by Raj Kumar Bhardwaj, the author addresses the move from print to digital legal information within the Indian judicial system. He describes briefly the historical development of the legal system and the enormous backlog of cases that are pending throughout the court structure, before turning attention to the role of ICT in the legal system and the moves under way to create a more efficient electronic administration for the judiciary in India.

scholarly journals The Main Problems of Digitalization of Formal Sources of Law

2021 ◽  
Vol 2 ◽  
pp. 15-20
Author(s):  
M.Y. Spirin ◽  
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Social Life ◽  
Ethical Problem ◽  
Digital Technologies ◽  
Human Mind ◽  
Point Of View ◽  
Legal Information ◽  
The Status

The status of formal sources of law is considered from the point of view of their definition and the possibility of creating a list of these sources, enshrined at the legislative level. The problem is posed of the need for the existence of an official list of formal sources of law in the national legal system. The phenomenon of digitalization of social life and legal means necessary for its effective regulation is investigated. The main trends in the digitalization of the legal system of society are determined on the basis of the digitalization of the system of formal sources of law, the necessary conclusions are drawn about the nature of this process, its direction, as well as about those positive and negative aspects that are associated with it. Particular attention is paid to the problem of compliance of “reference” texts of normative legal acts and other formal sources of law, enshrined in the official means of the content of legal information, and “digital” shells of these regulatory prescriptions that function within the framework of commercial legal reference systems. Based on the analysis performed, the main problems of modern digitalization of formal sources of law are determined. The issue of self-reproduction of law is touched upon, attention is drawn to the ethical problem of creating law to regulate social relations using digital technologies. Conclusions are made about the dual, objective and subjective nature of digitalization of formal sources of law and the role of the collective human mind in the creation and implementation of law.

Drinker’s Paradise?

Drunk Japan ◽  
2020 ◽  
pp. 1-15
Author(s):  
Mark D. West
Keyword(s):  
Legal System ◽  
Judicial System ◽  
Attempted Murder ◽  
System P ◽  
Rich Description

This chapter offers an overview of the book and introduces the book’s methodology through a 1956 case of attempted murder in which the defendant was found not guilty because he was intoxicated. The court’s opinion begins with many specific facts that help readers understand the characters and the outcome of the case and ends by editorializing about the dangers of Japan’s emergence as a “drinker’s paradise.” Using this opinion as an example, the chapter sets forth the goals of the book: to use law to create a rich description of the role of alcohol in Japan and to use the alcohol-related cases to challenge traditional depictions of the Japanese legal system as one that provides systematic and routinized justice. It closes with a brief description of Japanese judges and their role in the judicial system.

The Role of Traditionalists and Modernists on the Development of the Saudi Legal System

2007 ◽  
Vol 21 (3) ◽  
pp. 191-229
Author(s):  
Ayoub Al-Jarbou
Keyword(s):  
Legal System ◽  
Legal Education ◽  
Judicial System ◽  
Legislative Process ◽  
Judicial Systems

This article deals with the issue of the role of traditionalists and modernists on the development of the Saudi legal system. It presents and defines the two movements and evaluates their backgrounds and approaches. It also explores their impacts on the development of the Saudi legal system through evaluating their approaches on the following areas: legislative process, people's perspective toward applied laws, the judicial system, and legal education. The article concludes that it is clear from this evidentiary demonstration that the development of the Saudi legal system has been affected by the concurrent influences of traditionalist and modernist movements. The substance of enacted laws, legal education, the judicial systems, and people's attitude toward both Shariah and enacted laws has been negatively affected by the approaches of both movements. The paper provides for various approaches and solutions that address the problems of the system of legal education, judicial system, and legislative process. The paper suggests that these various approaches and solutions have to be adopted jointly; otherwise the confusion in the legal system will continue.

“Too Many Courts and Too Much Law”: The Politics of Judicial Reform in Nova Scotia, 1830–1841

2012 ◽  
Vol 30 (1) ◽  
pp. 89-133 ◽  
Author(s):  
Jim Phillips ◽  
Bradley Miller
Keyword(s):  
Social Change ◽  
Nova Scotia ◽  
Legal System ◽  
Judicial System ◽  
Judicial Reform ◽  
Court System ◽  
Old Order ◽  
Economic Elite ◽  
Civil Courts

The 1830s was Nova Scotia's “Age of Reform.” Although historians have documented the growing tensions between elected Assembly and appointed lieutenant governor and Council, the concomitant attacks on the established economic elite, and the rise of a distinct party in colonial politics, little attention has been paid to the role played by the colony's courts and judges in this crucial decade. This lacuna is surprising, because reformers were convinced that the judges of the Nova Scotia Supreme Court (NSSC) were bulwarks of the old order and barriers to progress, and as their movement gained influence in the 1830s it brought the judges and the court system to the fore. This period saw numerous proposals for reform to the colony's laws and legal system, some effected and others not. Here we examine those aspects of the reform platform that were most hotly contested precisely because they exemplified the ways in which controversies about the legal system both reflected and exacerbated broader political and social change. The most important issues were judicial fees and the role of the chief justice as head of the Tory-dominated lieutenant governor's Council. We also examine two other matters in which the judicial system was directly linked to reformers' general demands for a system of government more responsive to the needs of ordinary Nova Scotians: judicial salaries and the role of the lower civil courts.

scholarly journals STUDY OF THE ITALIAN ADMINISTRATIVE SYSTEM

2020 ◽  
Vol 3 (49) ◽  
pp. 55-60
Author(s):  
Yevgeniia Syta ◽  
◽  
Ilona Babska ◽  
Keyword(s):  
Judicial System ◽  
Judicial Power ◽  
Legal Basis ◽  
Administrative System ◽  
Legal Doctrine ◽  
Administrative Justice

The article considers the peculiarities of the organization of judicial power in Italy. Considerable attention is paid to the concept of administrative justice according to foreign legal doctrine. The legal basis of the activities of administrative justice bodies in Italy was analyzed, the structure of administrative justice bodies and their main powers were revealed. The conclusion defines the place of administrative justice bodies in the Italian judicial system.

Elucidation of block boundaries as the dissolution channels in hydrated cement

1978 ◽  
Vol 36 (1) ◽  
pp. 484-485
Author(s):  
N.V. Belov ◽  
U.I. Papiashwili ◽  
B.E. Yudovich
Keyword(s):  
Liquid Phase ◽  
Grain Boundaries ◽  
Benzoyl Peroxide ◽  
Phase Contrast ◽  
Active Role ◽  
Point Of View ◽  
Hardened Cement ◽  
Hydrated Cement ◽  
Hardened Cement Paste

It has been almost universally adopted that dissolution of solids proceeds with development of uniform, continuous frontiers of reaction.However this point of view is doubtful / 1 /. E.g. we have proved the active role of the block (grain) boundaries in the main phases of cement, these boundaries being the areas of hydrate phases' nucleation / 2 /. It has brought to the supposition that the dissolution frontier of cement particles in water is discrete. It seems also probable that the dissolution proceeds through the channels, which serve both for the liquid phase movement and for the drainage of the incongruant solution products. These channels can be appeared along the block boundaries.In order to demonsrate it, we have offered the method of phase-contrast impregnation of the hardened cement paste with the solution of methyl metacrylahe and benzoyl peroxide. The viscosity of this solution is equal to that of water.

Whatever Happened to the Cambridge Capital Theory Controversies? (With comments by L. Pasinetti, F. Fisher, J. Felipe and J. McCombie, R. Greenfield and reply by the authors)

2009 ◽  
pp. 4-27
Author(s):  
A. Cohen ◽  
G. Harcourt
Keyword(s):  
Economic Theory ◽  
Economic Thought ◽  
Point Of View ◽  
Chronological Order ◽  
Capital Theory

The article written by the well-known theorists and historians of economic thought contains a detailed overview of the Cambridge capital controversy, which had raged from the mid-1950-s through the mid-1970-s. The authors track the origins of the controversy and cover arguments of both sides in chronological order. From their point of view, the discussion hasnt been resolved, and its main underlying aspects were ideological beliefs and fundamental methodological controversies on the nature of equilibrium and on the role of time in economic theory. The article is published with comments written by other leading theoreticians.

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