scholarly journals Vote Trading and Electoral Success in Nigerian Democracy

2021 ◽  
Vol 10 ◽  
pp. 1362-1366
Author(s):  
Ilori Oladapo Mayowa ◽  

Democracy is based on the principle of the majority able to choose who leads them in a free and fair context devoid of external interference and political influence. The right to elect a wrong candidate is even part of democracy. The law cannot regulate the legitimate choices that the democratic free will is entitled to make. It chooses what it will. It rejects what it will not choose, or else the democratic free will ceases to be what it fundamentally ought to be, namely “free”. Vote trading is a concept in the Nigerian democratic experience. The issue of vote-trading has been in Nigeria's democracy since its inception but became prominent during the present democratic dispensation. Vote buying has been serving as a clog in the wheel of free choice which is the hallmark of a democracy. Unfortunately, not all people that being influenced by vote-buying know what is going on. Some people indulge in the act of vote-trading unknowing. This study which is mainly based on literature and conceptually looked at the influence of vote trading on voter’s free choice, the factors that influenced both vote buying and selling, and how it can be curbed. Consequently, past literature, like journals, books, and other publications on vote-trading were considered in this study.

PEDIATRICS ◽  
1975 ◽  
Vol 56 (2) ◽  
pp. 186-186
Author(s):  
R. J. H.

In a recent volume1 Arrow takes the libertarian view that individuals can and should make a free choice of whether and when they want to get medical care, when given all the information. Pellegrino comments on the limitations of this libertarian view: (1) We are not isolated individuals but social beings whose actions effect others as well as ourselves. (2) Society has now said that it will care for people when sick. But if they are sick because of what they willfully did then should society not provide care? For children it is difficult to argue that they should be punished for their parents' failings. (3) The sick person's ability to deal with "all" the facts is limited, especially so for children. Pellegrino advocates an ethical view of the right to medical care as well as a legal one. " . . . law is the coarse adjustment that guards against the grosser violations of human rights; ethics is the fine adjustment that sets a higher ideal than law can guarantee." It would seem that children should have the right to medical care.


Author(s):  
Paulo Felix de Souza ◽  
Joseval Martins Viana

This article aimed to bring an approach in terms of property law and its direct and indirect reflexes in the full exercise of domain. Knowing that there is no property without possession or possession without property, in this context it was verified that the right to property and the right of ownership are autonomous to each other, receiving differentiated treatment due to its elasticity or scope in which it implies in other branches of the right. These were the general objectives and in this wake the following possibility was suggested in relation to the specific objective: Would the Laws have been inspired by the Light of Creationism? What are the damages arising from the (Law No. 14,223/2006) in relation to the right to property and possession? In view of the hypothesis, this article became relevant by the historical Jewish-Christian content, respecting the free will of the Spirit of every human being. Thus, the research is characterized as an inductive method and nothing prevents the integrality of other methods by accidental or non-accidental routes. The research had as a source of references: the aid of doctrine, jurisprudence, laws and CF/88. Thus, because it does not have an aprioristic purpose, this article is open for future exploration.


2019 ◽  
Vol 29 (2) ◽  
pp. 9-29
Author(s):  
Vivi Friis Søgaard

Artiklen bygger på et kvalitativt studie af babysimulatorforløb i Danmark og belyser, hvordan de fagprofessionelle forsøger at balancere mellem idealet om borgerens frie vilje og den magt, som uvilkårligt ligger i skulle prøve at påvirke marginaliserede borgere til at træffe bestemte valg om forældreskab. Artiklen tydeliggør også, hvordan de fagprofessionelle i deres ageren ikke blot er styret af det socialpædagogiske felts idéer om det rigtige forældreskab, men også forholder sig kritisk og refleksiv til egen praksis. I dette komplekse arbejde bliver babysimulatoren et kraftfuldt styringsredskab, der gennem simuleret rollespil og »objektive« vidensdata leder deltagerne til (frivilligt) at træffe ansvarsfulde valg om et fremtidigt forældreskab, hvorfor en mere brutal og direkte magtanvendelse kan undgås. ENGELSK ABSTRACT Vivi Friis Søgaard: The baby simulator as a pedagogical guidance technique. On power and free will in social programs with marginalized youth Social robots such as the baby simulator are used by professionals to guide, monitor and regulate marginalized people in becoming competent parents. This article is based on a qualitative study of baby simulator programs in Denmark, and illustrates how professionals try to balance the ideal of the citizen’s free will with the power necessary to influence marginalized citizens in making »the right« decision. The article shows how control techniques like role-play, the use of electronic data, narratives and dream scenarios become new ways of guiding the participants to (voluntarily) make responsible choices about their future parenthood. In addition, the article focuses on how professionals reflect about their use of the baby simulator as a tool of power, and if it is ethically appropriate to let pregnant women participate in the program, since participation might lead these women to choose abortion. Keyword: Parenthood, baby simulator program, power, the free choice, leaning tolls, ethical dilemma


Author(s):  
Karen J. Alter

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.


Author(s):  
Yaroslav Skoromnyy ◽  

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».


Author(s):  
ARTAN QERKINI

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.


Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1833
Author(s):  
Rihantoro Bayu Aji

 AbstractActually the existence of foreign investment in Indonesia is not new phenomenon, due to foreign investment exist since colonialism era.The existence of foreign investment is still continuing to Soeharto era until reformation era. Spirit of foreign investment in colonialism era, Soharto era, and reformation era are different. Foreign investment in colonialsm era just explore of nation asset and ignore of nation welfare, and this matter is different from the character of foreign investment in Soeharto era also reformation era. Eventhough the involvement of foreign investor have any benefits to the host country, but on the other hand foreign investment have business oriented only whether the investment is secure and may result of profit. Refer to The Law Number 25 Year of 2007 Concerning Investment (hereinafter called UUPM) can not be separated from various interest that become of politic background of the law, even the law tend to liberalism of investment. Liberalism in the investment sector particularly of foreign investment basically exist far from issuing of UUPM, and the spirit of liberalism also stipulate in several rules among others The Law Number 5 Year of 1999 Concerning Prohibitation of Anti Trust and Unfair Competition, The Law Number 22 Year of 2001 Concerning Oil and Gas, The Law Number 7 Year of 2004 Concerning Water Resource, and also The Law Number 30 Year of 2009 Concerning Electricity.   Many rules as mentioned above has liberalism character and also indicator opposite wit the right to manage of the state to nation asset that relate to public interest as stipulated in the Indonesia Constitution. Actually the issuing of UUPM in case of implementation of article 33 Indonesia Constitution (UUD NRI 1945). Due to opportunity by Government to foreign investment as stipulate by article 12 UUPM and also the existence of many rules as well as The Law Number 5 Year of 1999 Concerning Prohibitation of Anti Trust and Unfair Competition, The Law Number 22 Year of 2001 Concerning Oil and Gas, The Law Number 7 Year of 2004 Concerning Water Resource, and also The Law Number 30 Year of 2009 Concerning Electricity, so the foreign investment that relate to public service is more exist in Indonesia. The existence is reflected many foreign companies. Free of foreign investment relate to public service is opposite with spirit of article 33 Indonesia Constitution. Keywords: Foreign Investment, Right of  State, Article 33 Indonesia Consitution AbstrakEksistensi penanaman modal asing (investasi asing) di Indonesia sebenarnya bukan merupakan fenomena baru di Indonesia, mengingat modal asing telah hadir di Indonesia sejak zaman kolonial dahulu.   Eksistensi penanaman modal asing terus berlanjut pada era orde baru sampai dengan era reformasi. Tentunya semangat penanaman modal asing pada saat era kolonial, era orde baru, dan era reformasi adalah berbeda. Penanaman modal asing pada saat era kolonial memiliki karakter eksploitatif atas aset bangsa dan mengabaikan kesejahteraan rakyat, hal ini tentunya berbeda dengan karakter penanaman modal asing pada era orde baru, dan era reformasi. Sekalipun kehadiran investor membawa manfaat bagi negara penerima modal, di sisi lain investor yang hendak menanamkan modalnya juga tidak lepas dari orientasi bisnis (oriented business), apakah modal yang diinvestasikan aman dan bisa menghasilkan keuntungan. Melihat eksistensi Undang–Undang Nomor 25 Tahun 2007 tentang Penanaman Modal (UUPM) tidak dapat dilepaskan dari beragam kepentingan yang mendasari untuk diterbitkannya undang–undang tersebut, bahkan terdapat kecenderungan semangat dari UUPM lebih cenderung kepada liberalisasi investasi. Liberalisasi pada sektor investasi khususnya investasi asing pada dasarnya eksis jauh sebelum lahirnya UUPM ternyata juga tampak secara tersirat dalam beberapa peraturan perundang–undangan di Indonesia. Perundang–undangan tersebut antara lain Undang–Undang Nomor 5 Tahun 1999 tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat, Undang–Undang Nomor 22 Tahun 2001 tentang Minyak Dan Gas Bumi, Undang–Undang Nomor 7 Tahun 2004 tentang Sumber Daya Air, dan Undang–Undang Nomor 30 Tahun 2009 tentang Ketenagalistrikan.Banyaknya peraturan perundang–undangan yang berkarakter liberal sebagaimana diuraikan di atas mengindikasikan bahwa hak menguasai negara atas aset bangsa yang berkaitan dengan hajat hidup orang banyak sebagaimana diamahkan oleh Undang–Undang Dasar 1945 (Konstitusi) mulai “dikebiri” dengan adanya undang–undang yang tidak selaras semangatnya. Padahal, UUPM diterbitkan dalam kerangka mengimplementasikan amanat Pasal 33 Undang–Undang Dasar Negara Republik Indonesia Tahun 1945 (UUD NRI 1945). Dengan adanya peluang yang diberikan oleh pemerintah kepada investor asing sebagaimana yang diatur dalam Pasal 12 UUPM ditambah lagi dengan adanya Undang–Undang Nomor 5 Tahun 1999 tentang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat, Undang–Undang Nomor 22 Tahun 2001 tentang Minyak Dan Gas Bumi, Undang–Undang Nomor 7 Tahun 2004 tentang Sumber Daya Air, dan Undang–Undang Nomor 30 Tahun 2009 tentang Ketenagalistrikan, maka investasi asing yang berhubungan dengan cabang– cabang yang menguasai hajat hidup orang banyak semakin eksis di Indonesia. Terbukanya investasi asing atas cabang–cabang produksi yang menguasai hajat hidup orang banyak tentunya hal ini bertentangan dengan konsep hak menguasai negara sebagaimana diatur dalam Pasal 33 UUD NRI 1945. Kata Kunci: Investasi Asing, Hak Menguasai Negara, Pasal 33 UUD NRI Tahun          1945


2018 ◽  
Author(s):  
Xiaoyang Yu

Nomological determinism does not mean everything is predictable. It just means everything follows the law of nature. And the most important thing Is that the brain and consciousness follow the law of nature. In other words, there is no free will. Without life, brain and consciousness, the world follows law of nature, that is clear. The life and brain are also part of nature, and they follow the law of nature. This is due to scientific findings. There are not enough scientific findings for consciousness yet. But I think that the consciousness is a nature phenomenon, and it also follows the law of nature.


2015 ◽  
Vol 43 (1) ◽  
pp. 147-176
Author(s):  
Andrew J Serpell

Payday loans are small-amount, short-term, unsecured, high-cost credit contracts provided by non-mainstream credit providers. Payday loans are usually taken out to help the consumer pay for essential items, such as food, rent, electricity, petrol, broken-down appliances or car registration or repairs. These consumers take out payday loans because they cannot — or believe that they cannot — obtain a loan from a mainstream credit provider such as a bank. In recent years there has been a protracted debate in Australia — and in several overseas jurisdictions — about how to regulate the industry. Recent amendments to the National Consumer Credit Protection Act 2009 (Cth) — referred to in this article as the 2013 reforms — are designed to better protect payday loan consumers. While the 2013 reforms provide substantially improved protection for payday loan consumers, further changes to the law may be warranted. This article raises several law reform issues which should be considered as part of the 2015 review into small amount credit contracts, including whether the caps on the cost of credit are set at the right level, whether the required content and presentation of the consumer warnings needs to be altered, whether more needs to be done to protect consumers who are particularly disadvantaged or vulnerable and whether a general anti-avoidance provision should be included in the credit legislation.


Stanovnistvo ◽  
2001 ◽  
Vol 39 (1-4) ◽  
pp. 119-130 ◽  
Author(s):  
Hajrija Mujovic-Zornic

In this paper the author discusses the nature and importance of the right to reproduce, in particular the right to sterilisation. In the time past sterilization has been practiced only as a measure of penal policy or the prevention of mental health diseases. Today, mostly we can speak about the right to sterilization (especially reversible sterilization). The patient have a free choice to decide any method of contraception and that could be a voluntary sterilization (also called human, contraceptive, non-therapeutical in French law, and obliging in German law). Various legal questions about this right can be raised, in accordance of state of reproductive rights (how they are regulated by the law) and the protection of reproductive rights (especially the right of pregnant woman as a patient). Yugoslav law not yet has a complete regulation and adequate solutions in this area, except the abortion law. The primary gynecology care has contraceptive counseling, but concrete measures and education are insufficient. It cannot begin to give consistent answers to all of these questions without a coherent conception of the right to reproduce, which is the primary duty of legal experts.


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