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2021 ◽  
Vol 30 (4) ◽  
pp. 533
Author(s):  
Damian Szczepański

<p>The Council of National Defence, established on 1 July 1920, was to be a temporary governmental body having full legislative and executive power in all matters relating to the conduct and ending of the war, and also with the conclusion of peace with Bolshevik Russia. As regards the above matters, the Council of National Defence was to issue orders and regulations, which were immediately enforceable. Despite acquiring very broad powers, both legislative and executive, none of its regulations went beyond its competence scope. The Council of National Defence regulations had to be approved by the Legislative Sejm in order to be valid. During the three months’ period of its functioning, the Council of National Defense issued over 90 different legal acts aiming at strengthening of defense of the Polish State that was threatened with a loss of its independence. The Council of National Defense played a major role in holding back the Bolshevik invasion of Poland. It contributed to formation of a large army, and made the nation regain its faith in successful end of the military conflict with Soviet Russia.</p>


2021 ◽  
Vol 9 (1) ◽  
pp. 18-41
Author(s):  
Omer Awass

Abstract This article explores the tensions of Islamic governance in contemporary Iran by examining the convergence of Islamic law with modern practices of governance. One key contention with contemporary statehood this political project is trying to reconcile is how to re-embed religious norms in the secularized political sphere. I assert that the political and legal practices for re-embedding these norms indicate an epistemic shift in the modes of legitimation within Muslim political and legal tradition possibly leading to the formation of a new Islamic political orthodoxy. This exploration is based on information from ethnographic interviews conducted with the former President of the Islamic Republic of Iran (1989–1997), the late Akbar Hashemi Rafsanjani, and former Minister of Radio and Television (1981–1994) and the current member of the Expediency Council, Muhammad Rafsanjani. The article bases its argument by analyzing two variant forms of political practice. First, scrutinizing the fatwas of Ayatollah Khomeini that played a crucial role in influencing policy in the first decade of the Islamic Republic. Second, examining the adjudications of a conciliar governmental body (Majma-e Tashkhis-e Maslahat) formed a decade after the revolution to resolve the tensions associated with the implementation of Islamic law in this modern nation-state.


2021 ◽  
Vol 16 (1) ◽  
pp. 68
Author(s):  
Desyanti Suka Asih K. Tus

<p><em>Indonesia does not have a unified regulation regarding inheritance law. This legal pluralism occurs with the application of three different regulations related to inheritance law namely is Western Civil Law, Compilation of Islamic Laws and Customary laws which is applicable based on the region such as Bali Customary Laws. The customary law sourced from the norms, religion, principle that develop within the society. Customary inheritance law is strongly influenced by the family system that applies in every region in Indonesia. Customary inheritance law in Bali is influenced by the patrilineal system adopted in Bali. The patrilineal system adheres to the male line. The patrilineal system places men as the successors of the family including those who are obliged and entitled to family inheritance. This situation makes the position of women as subordinate parties in the family, especially in terms of inheritance. The rights of Hindu women in Bali to her husband's inheritance are often disregarded, forgotten, and abolished. Based on national law, a wife who is left dead by her husband will automatically become an heir. This situation does not necessarily apply to Balinese customary law with the patrilineal system. Social change and demands of the feminist theory have not brought a change to the application of Balinese customary inheritance laws in the community. The presence of provisions in the form of the MUDP (an Indonesia Governmental Body for Balinese) decision and the Supreme Court's decision have not been able to bring a change to the position of women (widows because of death) as husband's heir. The lack of knowledge and legal awareness of Hindu women in Bali over their position as heirs is one of the causes of the weak position of Hindu women in Bali as heirs. This paper will discuss the rights of Hindu women in Bali for husband's inheritance. This paper uses a normative juridical research method.</em></p><p><strong>Keywords</strong>: <em>Rights of Hindu Women in Bali, Husband's Inheritance</em></p>


2021 ◽  
pp. 1-17
Author(s):  
Maen Mohammad al-Qassaymeh ◽  
Nayel Musa Shaker al-Omran

Abstract Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.


Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 593
Author(s):  
Kusano Yoshiro ◽  
Kawata Sozaburo

Indonesian basic laws such as Civil Code and Code of Civil Procedure are those legislated in the Dutch colonial era and effective in written in Dutch language as genuine text as mentioned in other parts of this paper. Therefore you need amendment of laws to reform civil litigation system including reconciliation and mediation. Indonesians understand this point and they pointed out the issue of amendments of colonial laws at policy level and the do list up Code of Civil Procedure in the National Legislation Program in the parliament with draft written already. One issue of negotiation with the Supreme Court as one of Indonesian governmental body in relation with this project is about who to be sent to training in Japan. Training in a foreign country is a very attractive kind of technical cooperation. If the Japanese side paid much attention toward selection of trainees, then the training would be treated as a mere reward before retirement by the counter part. Those who we cannot expect a good performance or those who cannot make impact upon their bureaucracy might by chance participate the training.


Author(s):  
Justo Martín Gómez

Guipúzcoa mantenía en 1793 un régimen foral que permitía un sistema fiscal particular, a la vez que asumía una serie de obligaciones con respecto a la defensa de su frontera y de su Rey. Los pueblos mantenían, por su parte, un sistema fiscal propio para cubrir sus necesidades y contribuir, según se acordase en la Junta Provincial, a los gastos de la Provincia. Los gastos originados por la guerra fueron cubiertos tanto por los pueblos como por la Provincia, asumiendo cada uno la parte que les correspondía y valiéndose de su propio sistema de financiación. Al estar la Provincia exhausta económicamente, no tuvo otra alternativa que solicitar a los Obispos de Pamplona y Calahorra que les entregasen la plata y alhajas de las iglesias y conventos de la Provincia, con obligación de reintegro, para obtener con su producto los medios económicos con que hacer frente al invasor francés, conjuntamente con el ejército del Rey. In 1793 Guipuzkoa maintained a specific local regime and institutions collectively called “régimen foral” that provided For a particular tax system along with a number of customs and duties to pay for the defense of its borders and its King. Likewise, the Towns maintained their own tax system to cover their needs and contribute to the Province’s expenses, as agreed by the local governmental body called the “Junta Provincial”. The Towns on the one hand, and the Province on the other, each paid their share of the war expenses, using their own finances. Due to the financial collapse of the Province, it had no other choice but to ask the Bishop of Pampelune and Calahorra to hand over the silver and jewels belonging to the local Churches and Convents, which would be returned, in order for the Province to obtain the necessary resources to finance both the war against the French invader, together with the King’s army.


Author(s):  
Ruthann Robson

The numerous allegations of sexual misconduct—unwanted, unwelcome, often aggressive sexual behavior—levied against Donald Trump merit attention and redress. Despite obstacles to civil remedies, there has been some litigation, but it has mostly been unsatisfactory. The many allegations reported in the media have not been amenable to judicial, legislative, executive, or political resolution. Women, including women who allege Trump committed sexual misconduct against them when they were minors, have generally not been afforded the remedies to which they are entitled. Because litigation and media accounts have proven inadequate to the task of addressing Trump’s sexual misconduct, there should be a government inquiry and resulting Report. Such a Report—a Misogyny Report focused on Donald Trump—would assist the nation in assessing and contextualizing the troubling and persistent allegations of his sexual misconduct. An inquiry and Report could provide a forum for considering each individual woman affected and as part of a pattern of Trump’s conduct. Further, an inquiry and Report could ameliorate the silencing of women—through isolation, threats, and nondisclosure agreements— and propose remedies to empower these women as well as other women. A Misogyny Report could also suggest specific correctives to obstacles in the path of bringing and completing litigation that could address the alleged sexual misconduct of Trump and ultimately of others. A government Misogyny Report initiated by Congress or some other governmental body could provide a much-needed reckoning.


Author(s):  
André Olsson Nyhammar ◽  
Erik Olsson

Abstract In this chapter we seek to highlight that much of the social protection granted to Swedish nationals within Sweden is not in any direct sense extended beyond its borders. The state policy towards the diaspora can be generally understood as a policy that tries to “integrate” its nationals abroad, rather than encouraging and “building” them as a diaspora. Neither is servicing the Swedish nationals abroad a major priority for any Swedish governmental body. The protection that exists for Swedish nationals abroad is mostly concerned with visitors and short-term issues. To some extent, such protection is downgrading the special requests from the diaspora. The chapter also discusses those few areas of social protection that receive greater support and integration as well as the changes that are potentially taking place. It is concluded that although Sweden could be conceived as a weak “emigration-state” (Gamlen, Polit Geogr 27: 840–856, 2008) that, to some extent, neglects its diaspora, the state is not entirely disengaging with its nationals abroad.


2019 ◽  
pp. 129-138
Author(s):  
Vitalii Smachnyi

The article is devoted to the analysis of regulation of cooperation of local communities as a component of the organizational mechanism of cooperation. It is revealed that such document as a Regulation is a legal act that defines an administrative procedure (administrative procedures). The Regulations define the mandatory requirements for administrative processes and their components in the amount and forms that allow ensuring effective implementation of their competence by the local governmental body, its structural units and officials. The general principles for developing administrative procedures by the Regulations, including Regulations on cooperation are considered. It is determined that in order to optimize and modernize the performance of cooperation functions, any Regulation on cooperation should ensure: unification and universalization of the procedure for implementation of cooperation functions by local communities within their tasks; optimization of performance indicators on cooperation tasks; elimination of unnecessary administrative actions and procedures within the framework of cooperation; simplification of administrative procedures in the implementation of cooperation; reducing the period of administrative actions and procedures in the process of interaction of local communities;  elimination of unjustified actions at the discretion of bodies or officials within the framework of cooperation; removal of unjustified burden on local communities that act within the framework of cooperation. It has been researched that the Regulations on cooperation establish administrative procedures for cooperation of local self-government bodies. It is revealed that the Regulations on cooperation of local communities should provide the following procedures: exchange of information on planned activities and decisions on cooperation tasks; developing coherent approaches in the preparation of draft regulatory acts within the cooperation objectives; ensuring additional control over the processes of formation, implementation and responsibility for agreed programs and projects within the cooperation objectives; coordination of practical actions of the relevant local self-government bodies within cooperation tasks.


Author(s):  
Sahar Zia ◽  
Safdar Ali Shirazi

Identification of existing hotspots is one of the principal steps for evolving strategy to mitigate urbanflooding, an emerging problem in mega cities of developing countries. Therefore, this paper aims to provide aframework of assessing the spatio-temporal hotspots of urban flooding incidents in Lahore district, Punjab, Pakistan.For this purpose, a database was created by gathering information of sore points by a governmental body, Water andSanitation Agency (WASA) to execute spatio-temporal analysis of urban flooding through hotspot analysis in spatialanalyst tool box in Arc GIS. Results show that urban flooding occurs in each town of Lahore excluding Wahga town.Among all affected towns of Lahore, Data Gunj Bakhsh town is noted as a highly affected area accounting 27 percentof urban flooding incidents during monsoon period from 2012-2017. Temporal study also shows an overall increasingtrend for incidents of urban flooding during 2012-2017. Moreover, detailed study shows that month of August isnoteworthy for urban flooding which is consistently increasing.


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