scholarly journals Pour réussir le bilinguisme judiciaire au Nouveau-Brunswick

2005 ◽  
Vol 24 (1) ◽  
pp. 55-67
Author(s):  
Michel Bastarache
Keyword(s):  
New Brunswick ◽  
The State ◽  
French Language ◽  
Legal Practice ◽  
Legal Proceedings ◽  
Provincial Level ◽  
The Status ◽  
Official Languages ◽  
Set Up ◽  
Legislative Measures

This article outlines the different attempts over the years to secure the status of the French language in legal proceedings in New Brunswick. A 1968 opinion reiterated rulings dating from 1650 and 1784 that English is the applicable language in all proceedings at the provincial level. Subsequent rulings have modified the state of events but in most cases on paper only. In 1980, the New Brunswick Association of Lawyers set up an investigative commitee whose tasks were to identify any inherent problems in the use of French in provincial courts and to find a way of integrating the two official languages into New Brunswick's legal practice with as little animosity as possible. The publication of the committee's report led to new legislative measures assuring the implantation of bilingualism in its provincial courts. Although legislators had hoped for speedier implementation of the measures, it is important to keep in mind the difficult context in which these changes are taking place. A change in attitude is apparently necessary before the transformation is complete.

The Status of Arabic in Israel: Refiections on the Power of Law to Produce Social Change

2002 ◽  
Vol 36 (2) ◽  
pp. 5-39 ◽  
Author(s):  
Ilan Saban ◽  
Muhammad Amara
Keyword(s):  
Legal Status ◽  
Minority Group ◽  
Prima Facie ◽  
The State ◽  
French Language ◽  
The Status ◽  
Official Languages ◽  
State Of Affairs ◽  
Ethnic Nation ◽  
State Of Israel

AbstractThe status of Arabic in Israel gives rise to question. Israel is a rare case of an ethnic nation-state that grants the language of minority group with a legal status which isprima facieone of equality. Both Hebrew and Arabic are the official languages of the State of Israel. What are the reasons for this special state of affairs? The answer is threefold: historic, sociological and legal. In various ways the potential inherent in the legal status of Arabic has been depleted of content, and as a result of that, as well as other reasons, the socio-political status of Arabic closely resembles what you would expect the status of a language of a minority group in a state that identifies itself as the state of the majority group to be. This answer, however, is another source of puzzlement – how does such a dissonance between law and practice evolve, what perpetuates it for so long, is change possible, is it to be expected?We present an analysis of the legal status of Arabic in Israel and at the same time we proceed to try and answer the questions regarding the gap between the legal and the sociopolitical status of Arabic. We reach some of our answers through a comparison with the use of law to change the status of the French language in Canada. One of these answers is that given the present constellation in Israel, the sociopolitical status of Arabic cannot meaningfully be altered by legal means.

scholarly journals Legal basis for the functioning of special services in Poland

2020 ◽  
Vol 196 (2) ◽  
pp. 292-307
Author(s):  
Marian Kopczewski ◽  
Zbigniew Ciekanowski ◽  
Anna Piotrowska
Keyword(s):  
The State ◽  
Legal Basis ◽  
Internal Security ◽  
Intelligence Agency ◽  
Special Services ◽  
Special Service ◽  
The Status ◽  
Set Up ◽  
The Military ◽  
State Protection

The article presents the most important legal acts regulating the activities of special services in Poland in the years 1990-2018. As part of the political transformation, the Office of State Protection (Polish abbrev. UOP) was set up according to the Act of April 6, 1990. It replaced the previous civil intelligence and counterintelligence. In 2002, the Office was liquidated and replaced the Intelligence Agency (Polish abbrev. AW), and the Internal Security Agency (Polish abbrev. ABW) were established under the Act of May 24, 2002. The AW was created to protect the external security of the state, while the ABW was intended to protect the internal security of the state and its constitutional order. The mentioned Act divided the tasks between those services. Even though preventing and detecting crimes of corruption of public officers was one of the ABW’s tasks, the Act of June 9, 2006, established the Central Anti-Corruption Bureau (Polish abbrev. CBA), giving it the status of a special service, although the CBA performs typical police tasks. On the other hand, the Act of June 9, 2006, on the Military Counterintelligence Service (Polish abbrev. SKW) and the Military Intelligence Service (Polish abbrev. SWW) constituted a legal basis for the operation of both services in place of the liquidated Military Information Services (Polish abbrev. WSI). The article focuses on the services currently operating. The legal regulations constituting the basis for their functioning were analyzed. These are mainly competence acts, to which many amendments were introduced. They resulted, among others, from the implementation of directives and regulations of European institutions, decisions of the Constitutional Tribunal, the introduction of new laws, concerning, e.g., the establishment of the State Protection Service (Polish abbrev. SOP) or changes in the Marshal’s Guard’s powers. Attention was drawn to numerous ordinances amending the statutes, particularly as regards the ABW, and thus reorganizing the structures of offices.

Sangeetha Purshothaman. The Empowerment of Women in India— Grassroots Women’s Network and the State. New Delhi: Sage Publications, 1998. Hardbound. Indian Rs 450.00. Paperback. Indian Rs 250.00. 384 pages.

1998 ◽  
Vol 37 (2) ◽  
pp. 193-197
Author(s):  
Rehana Siddiqui
Keyword(s):  
Rural Women ◽  
Local Level ◽  
The State ◽  
New Delhi ◽  
Local Conditions ◽  
The Status ◽  
Indian State ◽  
Working Together ◽  
Set Up ◽  
The Impact

This study discusses the impact of the new organisational structure emerging in India to improve the status of rural women. The objectives of the study are twofold: first, it intends to explore the possibility of small organisations working together to have an impact at the local level; the second issue is the sustainability of such an arrangement. The study concentrates on the experience of the Swayam Shaikshan Prayog (SSP) in the Indian state of Maharashtra. The basic theme of this organisational set-up is that women know best what they want and what solutions work for them. The SSP’s networking process allows for an organisation which can bargain, interface with, and transfer resources from the state to poor women, as well as maintain the flexibility to adapt to statewide policy changes and the local conditions faced by them.

scholarly journals New Records for the Arctic Shrew, Sorex arcticus and the Newly Recognized Maritime Shrew, Sorex maritimensis

2004 ◽  
Vol 118 (3) ◽  
pp. 400 ◽  
Author(s):  
Neil D. Perry ◽  
Donald T. Stewart ◽  
Elizabeth M. Madden ◽  
Thomas J. Maier
Keyword(s):  
Nova Scotia ◽  
New Brunswick ◽  
New Records ◽  
First Record ◽  
Habitat Associations ◽  
The State ◽  
The Arctic ◽  
Limited Knowledge ◽  
The Status ◽  
Careful Assessment

We report the first record for the Arctic Shrew (Sorex arcticus) in the state of Montana, USA. We also report range extensions for the closely related Maritime Shrew (Sorex maritimensis) in New Brunswick and Nova Scotia, Canada. These collections augment our limited knowledge of the ranges and habitat associations of these rarely collected shrews, and highlight the need for a careful assessment of the status of S. maritimensis in Canada.

scholarly journals Origins of the Muslim Revival

1999 ◽  
Vol 16 (3) ◽  
pp. 121-124
Author(s):  
M'hand Berkouk
Keyword(s):  
Status Quo ◽  
The State ◽  
French Language ◽  
Political Strategies ◽  
Intellectual Content ◽  
Islamic Jurisprudence ◽  
The Status

This is a timely publication, as a book written from an “Islamist” standpoint is ararity in the French language. Tariq Ramadan has delved into the dynamics ofreformism as a contextual and creative reassertion of the Islamic quest to civibtionalempowerment - an empowerment that is based on spiritual uplifting,Islamic commitment and activism, rajdid, political reformism, and societal transformationin line with the foundational precepts of Islamic organization. This publicationhas already generated ample debate on the value of Islamic reformistthought, as well as the doctrinal inclinations and political strategies of the MuslimBrotherhood (Al Ikhwan al-Muslimin). Although the book is more descriptive thananalytical, it has the merit of being well-researched and documented, and the varietyof writing styles used by the author makes it all the more enjoyable to readThe book is divided into three parts and is written following a logic that is meantto demonstrate that al-Banna’s thought and practical contributions were anchoredin reformist thought and that most of al-Banna’s intellectual and political positionswere not necessarily his or the movement’s.The first part, “Aux Sources de la Pensee Reformiste Contemporaine’’ (Originsof Contemporary Reformist Thought), deals with the Islamic intellectuals whoopposed the status quo and the state of intellectual lethargy that reigned in theMuslim world. The author relates the intellectual content of reformist thinkers(Muhammad Abd al-Wahhab, al-Afghani, Tahtawi, Abduh, Rida, Ben Badis.Nursi, and Iqbal) to the complex sociopolitical, cultural, and intellectual contextwithin which their thought emerged. He considers the various tendencies ofreformist thought (spiritual, educational, political, and economic) as complementingeach other. Reformist thought has three foundational tenets: the necessity of areturn to the authoritative sources of Islam and their contextual interpretation byusing a tajdidi prism (a creative and productive intellectual approach) rather thantaqlid (a re-intepetative and reproductive approach to thought) in dealing with theQur‘an and Sunnah; the necessity of resisting Western economic, political, and culturaldomination through the reassertion of a dynamic and authentic Islamic personality;and the necessity of preserving and consolidating the unity of the Ummah.Their intellectual contributions focus on two main points: the theoretical reformationof the basic themes of Islamic jurisprudence, especially those relating tothe law of transactions (fiqh al-mu'amallat); and analytical responses to the local ...

PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga
Keyword(s):  
Financial Management ◽  
Criminal Liability ◽  
The State ◽  
Legal Proceedings ◽  
Regional Finance ◽  
Regional Budget ◽  
State Finance ◽  
Budget Policy ◽  
Definition Of ◽  
The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

OPERATIONAL STATE OF BRIDGES OF UKRAINE

2019 ◽  
pp. 57-68
Author(s):  
Larysa Bodnar ◽  
Petro Koval ◽  
Sergii Stepanov ◽  
Liudmyla Panibratets
Keyword(s):  
Management System ◽  
The State ◽  
Operating Conditions ◽  
Bridge Management ◽  
Bridge Management System ◽  
Program Complex ◽  
Operating Condition ◽  
Software Complex ◽  
Automatic Mode ◽  
The Status

A significant part of Ukrainian bridges on public roads is operated for more than 30 years (94 %). At the same time, the traffic volume and the weight of vehicles has increased significantly. Insufficient level of bridges maintenance funding leads to the deterioration of their technical state. The ways to ensure reliable and safe operation of bridges are considered. The procedure for determining the predicted operational status of the elements and the bridge in general, which has a scientific novelty, is proposed. In the software complex, Analytical Expert Bridges Management System (AESUM), is a function that allows tracking the changes in the operational status of bridges both in Ukraine and in each region separately. The given algorithm of the procedure for determining the predicted state of the bridge using a degradation model is described using the Nassie-Schneidermann diagram. The model of the degradation of the bridge performance which is adopted in Ukraine as a normative one, and the algorithm for its adaptation to the AESUM program complex with the function to ensure the probabilistic predicted operating condition of the bridges in the automatic mode is presented. This makes it possible, even in case of unsatisfactory performance of surveys, to have the predicted lifetime of bridges at the required time. For each bridge element it is possible to determine the residual time of operation that will allow predict the state of the elements of the structure for a certain period of time in the future. Significant interest for specialists calls for the approaches to the development of orientated perspective plans for bridge inspection and monitoring of changes in the operational status of bridges for 2009-2018 in Ukraine. For the analysis of the state of the bridge economy, the information is available on the distribution of bridges by operating state related to the administrative significance of roads, by road categories and by materials of the structures. Determining the operating state of the bridge is an important condition for making the qualified decisions as regards its maintenance. The Analytical Expert Bridges Management System (AESUM) which is implemented in Ukraine, stores the data on the monitoring the status of bridges and performs the necessary procedures to maintain them in a reliable and safe operating condition. An important result of the work is the ability to determine the distribution of bridges on the public roads of Ukraine, according to operating conditions established in the program complex of AESUM, which is presented in accordance with the data of the current year. In conditions of limited funding and in case of unsatisfactory performance of surveys, it is possible to make the reasonable management decisions regarding the repair and the reconstruction of bridges. Keywords: bridge management system, operating condition, predicted operating condition, model of degradation, bridge survey plan, highway bridge.

Varied Responses to Human-Induced Seismicity in the City of Azle, Texas

2019 ◽  
Vol 3 (1) ◽  
pp. 1-8
Author(s):  
Sarmistha R. Majumdar
Keyword(s):  
State Government ◽  
Induced Seismicity ◽  
Oil And Gas ◽  
The United States ◽  
The State ◽  
Prior History ◽  
Small Community ◽  
Regulatory Policies ◽  
The Status

Fracking has helped to usher in an era of energy abundance in the United States. This advanced drilling procedure has helped the nation to attain the status of the largest producer of crude oil and natural gas in the world, but some of its negative externalities, such as human-induced seismicity, can no longer be ignored. The occurrence of earthquakes in communities located at proximity to disposal wells with no prior history of seismicity has shocked residents and have caused damages to properties. It has evoked individuals’ resentment against the practice of injection of fracking’s wastewater under pressure into underground disposal wells. Though the oil and gas companies have denied the existence of a link between such a practice and earthquakes and the local and state governments have delayed their responses to the unforeseen seismic events, the issue has gained in prominence among researchers, affected community residents, and the media. This case study has offered a glimpse into the varied responses of stakeholders to human-induced seismicity in a small city in the state of Texas. It is evident from this case study that although individuals’ complaints and protests from a small community may not be successful in bringing about statewide changes in regulatory policies on disposal of fracking’s wastewater, they can add to the public pressure on the state government to do something to address the problem in a state that supports fracking.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

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