Malaysian Electoral System Reform and the Challenges of its Implementation After the 14th General Election

Prior to the 14th general election (GE-14), electoral practices in Malaysia have been often criticised as being obscure and biased since it was plagued with issues such as dubious voter registers and ballot paper fraud. Therefore, in its manifesto during GE-14, Pakatan Harapan (PH) promised to reform this electoral practice to make it more independent, transparent, and fair. PH then won the GE-14 on the strength of this vow, forcing it to keep its manifesto pledge. However, implementing the said promise is not easy as most of the proposals involve amendments to the Federal Constitution that require the support of at least a two-thirds majority. The fact that PH lacks such a majority has raised the issue of whether or not the objective to reform the electoral system can be materialised. Thus, this article examines the aspects of electoral reform implemented by PH during its 22 months in power and assesses the challenges faced in implementing such electoral system reform. The concept of electoral reform was used as an analytical tool in this article. This article mainly obtained its data from secondary sources including books, journals, theses, official government documents and websites, while primary data were collected from unstructured interviews with authoritative informants. Findings revealed that among the important reforms of the country's electoral system that have been accomplished by PH are improving the standard operating procedures of elections, enhancing election rules that do not require amendments, amending laws that require simple majority support in the parliament, and implementing ‘high-impact’ electoral reforms that require amendments to the Federal Constitution. Moreover, it was also discovered that the main challenge to reforming the electoral system was the constraint of electoral rule amendments that require the approval of a two-thirds majority of parliamentarians. Other obstacles included politicians' unwillingness to accept a new electoral system culture, barriers to accessing data and information owned by other agencies, discrepancies between federal and state legislation, and financial constraints on improving existing hardware and systems necessary for electoral reform success.

Obstacles and Solutions to Enforcement of Hudud in Shariah Courts in Northern Nigeria

This research aims to study the obstacles and solutions related to the application of hudud in Sharia courts in northern Nigeria; This is due to the presence of many problems when applying the hudud in Sharia courts, such as the conflict between the Federal Constitution and the Constitution of the States, especially with regard to the application of the had for theft. The researcher studied the Shariah hudud in general in terms of defining them linguistically and legally, with mentioning their types, while addressing the practical application of Shariah hudud in the Shariah courts in some northern states that were chosen as a model, these states are: Zamfara, Jigawa, Kan, Kaduna, Katsina and Bauchi states.The researcher also touched on the legal system and courts in Nigeria in general and the legal system and Sharia courts in northern Nigeria in particular, and the Islamic penal laws of the states of Zamfara, Kanbuchi and Jigawa were also discussed. The researcher used two scientific research methodologies, including: the inductive theoretical method; where he studied the subject of borders in general and the hudud of theft, especially in jurisprudence blogs, in addition to books, studies, letters, scientific articles, reports and legal documents that were written in this field and stored in libraries, websites and other sources of information. The researcher also used the applied analytical method; Where he studied the issues related to the hudud that were applied in the Sharia courts in northern Nigeria, especially with regard to the hudud of theft, and the study of the obstacles in the application of these hudud in order to find appropriate solutions to them. The researcher reached a number of results, including that Islamic Sharia is the optimal system that should be applied to obtain permanent happiness in this world and the hereafter. The application of legal borders effectively contributes to the elimination of crimes committed and prevalent in Nigerian society, especially in the northern regions. Among the findings of the research, the compatibility of Islamic criminal law with Islamic jurisprudence in most aspects, and the compatibility of the applications of Sharia courts with Islamic law in many cases. The researcher recommends the officials to carry out all the solutions mentioned in the study so that they can better apply the Sharia and implement the Sharia hudud. He also recommends to them the necessity of developing Islamic criminal law to be fully compatible with Islamic law, and the necessity of implementing all judgments issued by Sharia courts.

Kepimpinan Non Muslim di Malaysia Menurut Perspektif Maqāṣid Al-Sharī'ah

Islam has provided a guiding principle regarding the involvement of non-Muslims in aspects of governance and administration. In Malaysia, this right has been recognized since independence which saw the involvement of non-Muslims in the executive administration such as ministers and key administrators at the federal and state levels. The relationship between Muslims and non-Muslims is one of the main themes that are often discussed in the Quran. However, the interpretation some of the verses seem to be done out of context has created confusion and misunderstanding in the society. The voting and appointment of non -Muslim candidates in several important government positions such as the Chief Justice, Attorney General of Malaysia and Federal Minister has sparked controversy in Malaysia. Thus, this study aims to analyze the concept of non-Muslim leadership in Malaysia according to the perspective of maqāṣid al-sharī’ah. The study was conducted qualitatively using the library method by analyzing the texts of the Qur’an and Hadith as well as the debates of Muslim scholars on the concept of nonMuslim leadership in an Islamic country. In addition, content analysis method was also conducted towards the provisions of the Federal Constitution and the report of the Department of Statistics Malaysia to examine the current application of non-Muslim leadership in Malaysia. Although the Federal Constitution has provided basic guidelines on the administration of the country, but some important criteria outlined by Islam need to be emphasized to preserve the sensitivity and harmony of the plural society in Malaysia, especially the Muslim community as the majority in this country.

Syrian Refugees in Brazil: Protection of Human Rights and their Developments

This study will present the issue of Syrian refugees in Brazil, whose immigration event occurs because of the terrible conditions offered in their native country, which makes these individuals seek refuge in other countries, seeking, in addition to a better condition, a life that is worthy. It is understood that the concept of dignified life goes against what is advocated by the Brazilian Federal Constitution, as well as fundamental rights, and even more related to the dignity of the human person. Thus, this article will bring an analysis of the context of this event, which has been happening quite frequently, making Brazil one of the countries that most welcome immigrants in the world. However, one factor draws attention in the middle of this process, as the Covid-19 pandemic has been following the population for more than a year, which makes border controls more rigid. In addition, Brazil, with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. Poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. Keywords: Refugees; Syria; Human rights; Dignity of human person; Warranties.

Governing TVET in Federal Nepal: Centralized or Decentralized Management ?

With the increasing recognition of the need for skilled human resources in developing countries, the role of technical and vocational education and training (TVET) has been an important part of the education system. However, in spite of such a vital role of TVET, challenges exist in designing, planning and implementing it while governing effectively. Such context has raised the issue of governing TVET among educationists, policy makers and all stakeholders to achieve its intended goals. The TVET governing issue has been of serious concern to its stakeholders in Nepal with the introduction of the federal structure in 2015. Hence this paper aims to explore the governing issue of TVET in the context of federal governance of Nepal. For this, this paper employs qualitative research approach in analyzing policy and practice of TVET in Nepal. This paper explores that the process of governing TVET in Nepal has remained highly centralized in spite of rhetoric of decentralization as the main agenda of governing development over the decades. Arguably, there is a reluctant tendency in devolving TVET as per the new structure of federal governance. Instead, conflicts among three levels of governments – federal, provincial and local – are emerging in the case of TVET similar to other development sectors. Hence, for sustainable operation and management of TVET this paper argues that the policy and practice of the TVET need to be guided by the concept of multilevel governance with collaboration among the three levels of government as envisaged by the new federal constitution.

The Constitutional and Legal Organization of the Supreme Constitutional Court in the Iraqi State for the Year 2005

The constitutional system in Iraq after the overthrow of the previous regime in 2003 witnessed major fundamental changes, which marked the end of a historical era, the advent of the beginning of a new phase of political and constitutional history, and the adoption of the federal (federal) system as a form of the new Iraqi state, where Iraq transformed from a simple state to a complex state. With the adoption of the democratic parliamentary system based on the principle of separation of powers and respect for the constitution by emphasizing the principle of the supremacy of the constitution as a system for the work of state authorities and the management of its various constitutional institutions. If the constitutional distribution of competencies between the federal authorities is one of the essential characteristics of the federal systems, then one of the important features in the design of any federalism and its effective operation is to ensure the rule of law and the constitution as the source of powers, and in contrast, one of the authorities infringes on the powers of the other, which leads to a constitutional imbalance in the federalism And the matter that leads to its disintegration and its end, and in order to preserve this constitutional system, it is necessary to establish a supreme judicial body to ensure respect for the application of the constitutional principles of this system and not to be violated. The federal system is characterized by the presence of a Supreme Constitutional Court that works to monitor the constitutionality of laws and chapters In disputes between the central regions, it has the authority to interpret the Iraqi federal constitution, especially the interpretation of the constitutional rules related to the distribution of constitutional powers between the regions and the federal government. Which is one of the thorny issues in the countries of the union, and on this basis in Iraq the foregoing was the establishment of the Federal Supreme Court, which was granted by the constitution judicial and political competencies in order to exercise its role in preserving the union and the balance of powers within it while preserving the constitution and safeguarding its principles.

The participatory process in the review of the Master Plan of Vitória (2014-2018)

The Federal Constitution of 1988 defined the Master Plan as a 'basic instrument' of urban development policy and subsequent legislation, which regulated the Urban Policy chapter (Estatuto da Cidade, Federal Law No. 10,257 / 2001), reinforced a set of participatory requirements in the availability and implementation of the corresponding policies. Based on this new institutional arrangement, this research paper analyzes a participatory structure in the process of reviewing the Master Plan for the municipality of Vitória, capital of Espírito Santo, in the period 2014-2018. The investigation took as an analytical parameter the participatory methodology proposed by the Ministry of Cities, whose distinguishing feature was the dissemination of democratic management instruments. The empirical analysis shows that several participatory mechanisms were implemented, such as public hearings of regional and social segments, thematic seminars, round tables, territorial assemblies, implementation of a collaborative website, involvement of the Municipal Council of the Urban Master Plan (CMPDU) and realization of the Municipal Conference on Urban Policy (Encontro da Cidade), in which the draft of the Master Plan bill was presented, discussed and voted on. Thus, the process incorporated the participatory methodology recommended by the Ministry of Cities and the corresponding legislation. The effectiveness of participation according to the guidelines of the City Statute is still an ongoing process, but the inclusion of democratic management mechanisms is a reality in Vitória, constituting an institutional advance.

A Judicialização da Saúde no Ordenamento Jurídico Brasileiro no Contexto da Pandemia COVID-19

Health belongs to one of the most fundamental rights that one has, being elementary and necessary for one’s own life and dignity. The Federal Constitution of 1988 defines health as a right for everyone, which represents the reason why all people should benefit from Brazil’s national health system (SUS). As long as the current context of the COVID-19 pandemic is concerned, it is certainly clear that efforts to save lives all over the world have been made. Because of the precariousness of the public health system, combined with the insufficiency of providing free medication, medical treatment, surgical procedures, patient transport system, as well as access to the intensive care unit, the phenomenon “judicialization of health” has emerged. This article aims to discuss aspects involving health care in Brazil. It will focus on the most current decisions made by the federal court of justice in the context of the pandemic and examine the results and consequences of such decisions, as well as their contribution to a new point of view towards our social welfare. Policies to prevent diseases are needed in order to achieve the right to health. For this, the exploratory type methodology is used, of qualitative nature, with jurisprudential analysis combined with bibliographic review.

ACQUIRING ELEMENTS OF SOLAR FARM DEVELOPMENT’S APPROVAL CONSIDERATION IN JOHOR

In order to fulfil the increasing energy demand, Malaysia aims to reduce carbon emission by 45 percent by 2030, and becomes fully carbon neutral by 2050. However, promoting this energy has inevitably forced this new industry to face some drawbacks particularly related to land matters, especially solar farm development, which is still new in the country and does not have any proper guidance. As the control of land planning and development is under the responsibility of the State Authority as enshrined in Article 74 of the Federal Constitution, the implementation is different in each state due to different land policy known as the State Land Rules. Thus, selected respondents have been interviewed, and the findings have been acquired regarding the elements of solar farm development’s approval consideration from the perspectives of land administrator, planner, and developer. This leads to a direction to standardize a legal framework of the land approval consideration for solar farm development especially in Johor.