SUPERIOR RESPONSIBILITY UNDER THE ROME STATUTE AND ITS APPLICABILITY TO CONSTITUTIONAL MONARCHY: AN APPRAISAL

The doctrine of superior responsibility has been embedded in Article 28 of the Rome Statute of the International Criminal Court, which enunciates the responsibility of both military commanders and civilian superiors. Although constitutional monarchs are civilians entrusted with the position of commanders in chief, there are States that opposed accession to the Rome Statute on the simple ground that their respective monarchs could be indicted and punished under the Rome Statute. The main objective of this paper, therefore, is to examine whether constitutional monarchs could be responsible under the doctrine of superior responsibility. The paper focuses on the analysis of the elements of superior responsibility by referring to the authoritative commentaries of Article 28 and constitutional practices of three selected constitutional monarchies: the United Kingdom, Japan, and Malaysia. The paper finds that constitutional monarchs could not be held responsible because they have to act on the advice of the government and do not possess the effective and operational control over the armed forces as required under the Rome statute.

The Cook Islands, Niue and Tokelau as Parts of the Realm of New Zealand

The focus of This Realm of New Zealand by Alison Quentin-Baxter and Janet McLean was on the constitutional monarchy and its relationship with the laws of mainland New Zealand. This article complements This Realm of New Zealand by focusing on the constitutional monarchy and its relationship with other countries of the Realm of New Zealand – the Cook Islands, Niue and Tokelau.

Under the Toa tree: The genealogy of the Tongan Chiefs

This paper examines the dualistic foundations of Tongan kingship by way of exploring the historicity of the Tongan polity. While paramounts allegedly descend "from the sky" and the god or gods living there, they are also kinsmen of the villagers living under them and are appraised as such. Whether by way of reproducing or transforming a political field, the mediation of duality requires human work, a practice and performance of kingship. The word genealogy in the title bears the burden of the entire argument. Referring directly to history, it enters into tension with the patrilineal and structural models of the past. The history to which it refers, in turn, is set in motion by the dual foundations of kingship: idioms and ideologies of divinity but existing in tension with the "leveling forces" of contractual modes of legitimation. My aim is to develop a framework adequate to the task of interpreting the revolution of the 19th century, when Tāufa'āhau, a secondary chief, executed sweeping reforms at once chiefly and populist: he suppressed the Tu'i Tonga title of his superior; created a superordinate one, the royal title of the constitutional monarchy he in part designed; and converted to Christianity. The third monarch of the Tupou dynasty Tāufa'āhau founded, Queen Sālote Tupou III, figures prominently in these pages as an ideologue. In her often veiled and diplomatic disparagement of the leaders of the past, Queen Sālote provides a window upon the genealogical politics this paper addresses.

Islamic Law In Morocco: Study on The Government System and The Development of Islamic Law

This study discusses Islamic law in Morocco. The author focuses on the study of the government system and the development of Islamic law there. This study used descriptive qualitative method or so-called literature study /library research. Literature study examines data by exploring, observing, examining, and identifying existing knowledge in the literature to get a conclusion of truth, both philosophical and empirical. This study concludes that Morocco is a Muslim country, the population is more than 98% embraced Islam, the system of government is a democratic, social and constitutional monarchy that is based ongoverned by the 1972 constitution which was amended in 1980, 1992, and in September 1996. It has Mudawwana al-Usrah (2004) which is a contemporary family law in Morocco, family law which was originally still contained in fiqh books has become an implementing law. The legal system in Morocco is divided into two types of judiciary; Shari'a Court and Madaniyah Court (General Court). The existence of the renewal of private law (akhwal syakhsiyah) is guided by three principles, first, the principles and foundations of family law that are applied are the Maliki Mazhhab, second, paying attention to aspects of maslahah mursalah, third, the laws imposed in other Muslim countries The Moroccan government allows abortion for cases of rape and incest or incest or serious defects and incurable diseases of the fetus. last, Morocco is a country that allows polygamy. The issue of polygamy is regulated in the 1958 family law law Article 30 paragraph (1).

SISTEM PEMERITAHAN DAN KEBIJAKAN LUAR NEGERI ARAB SAUDI

The focus of this paper is to discuss the Gulf Arab region, especially Saudi Arabia. This area is known as a region that has a very rich economic source from an abundance of petroleum. There are several countries in the Arab Gulf region, namely, Oman, Qatar, Bahrain, United Arab Emirates, Yemen, Kuwait, Iran and also Saudi Arabia. However, this paper is focused on Saudi Arabia. For the first reason, that Saudi Arabia is the center of the spread of Islam in which there are two holy cities of Mecca and Medina which are the center of the gathering of Muslims worldwide, especially during the Hajj seasons. Second, Saudi Arabia's foreign relations with other countries which are part of Saudi Arabia's foreign policy, which is known to be very close to the anti-terrorist country, namely the United States. The fundamental problem in the discussion of Saudi Arabia lies in the monarchical government system which is still surviving and undergoing a transition from absolute monarchy to constitutional monarchy and Saudi Arabia's foreign relations with other countries that are experiencing unfavorable situations, especially with the United States. Abstrak Fokus kajian tulisan ini adalah membahas tentang kawasan Arab Teluk khususnya Arab Saudi. Kawasan ini dikenal sebagai wilayah memiliki sumber ekonomi yang sangat kaya dari melimpahnya minyak bumi. Ada beberapa negara yang berada pada kawasan Arab Teluk ini yaitu, Oman, Qatar, Bahrain, Uni Emirat Arab, Yaman, Kuwait, Iran dan juga Arab Saudi. Namun, tulisan ini di fokuskan pada Arab Saudi. Dengan alasan pertama, bahwa Arab Saudi adalah merupakan sentral penyebaran agama Islam yang di dalamnya terdapat dua kota suci Mekkah dan Madinah yang menjadi pusat pertemuan umat Islam sedunia khususnya pada musim-musim haji. Kedua, hubungan luar negeri Arab Saudi dengan negara lain yang merupakan bagian dari kebijakan politik luar negeri Arab Saudi yang dikenal sangat dekat dengan negara anti teroris yaitu Amerika Serikat. Masalah mendasar dalam pembahasan tentang Arab Saudi terletak pada sistem pemerintahan monarki yang masih bertahan dan mengalami transisi dari monarki absolut menjadi monarki konstitusional dan hubungan luar negeri Arab Saudi dengan negara lain yang mengalami situasi yang kurang baik khususnya dengan Amerika serikat.

7. The monarchy and the Royal Prerogative

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The UK is a constitutional monarchy: the monarch exercises their legal powers as part of a system of government which is parliamentary and democratic. The chapter discusses the legal source of the monarch’s powers as head of state which is the Royal Prerogative exercised in accordance with binding political rules and practices. The chapter also covers the monarch’s role within the executive. This chapter discusses the special privileges and immunities of the monarch; the powers and duties of the monarch; and the monarch and the organs and functions of government.

Constitutional monarchy as power sharing

In the transition to democracy some autocracies transformed to republics while others evolved to constitutional monarchies. The paper inquires how constitutional monarchy is established. It models a hereditary king and a liberal challenger who coexist over a succession of periods and fight for power which brings office rents and the right to decide one’s preferred policy. The outcome of the confrontation is uncertain and may vary from period to period. If the king wins, he establishes absolute monarchy, but if the liberal wins he establishes a republic. Instead of fighting they may agree on a constitutional monarchy and share office rents and policy making responsibilities. Whether constitutional monarchy is agreed depends on the marginal utilities from rents and policy preferences of the two actors, the sizes of the benefits from rents and policy, the rates by which they discount the future, and the probabilities of winning office. The contemporary European constitutional monarch as a ceremonial head of state who reigns but does not govern arises as a special case of the general model.

A Pillage Story: The Wealth of Abdulhamid II

Relying on primary documents from the Ottoman archives and relevant secondary sources, this article traces the destiny of late Ottoman sultan Abdulhamid II’s wealth in the aftermath of his removal from power in 1909. For centuries the Ottoman rules were never clear on the boundaries between the Ottoman dynasty’s and the state’s assets. The Ottoman dynasty ruled under a de facto understanding that all public lands and the state properties were of the property of sultan and his family. Without a challenge to this status quo, the sultans did not need to formalize this traditional idea. Legal ambiguity worked for the benefits of sultan but once sultans were side lined in the constitutional monarchy period, lack of legal coverage caused irreparable damages to deposed sultan and his heirs.