Journal articles on the topic 'Justice, Administration of Political aspects Rwanda'
To see the other types of publications on this topic, follow the link: Justice, Administration of Political aspects Rwanda.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Justice, Administration of Political aspects Rwanda.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
SADAT, LEILA. "Transjudicial Dialogue and the Rwandan Genocide: Aspects of Antagonism and Complementarity." Leiden Journal of International Law 22, no. 3 (September 2009): 543–62. http://dx.doi.org/10.1017/s0922156509990082.
Full textAbstract:
AbstractThe Rwandan genocide remains one of the most horrific atrocities of the twentieth century, resulting in the death of an estimated 500–800,000 human beings, massacred over a 100-day period. In the fourteen years since the genocide, attempts at justice and reconciliation in Rwanda have involved a delicate interplay between national legal systems and the international legal order. This article examines three fora in which Rwandans have been tried for involvement in the genocide: the International Criminal Tribunal for Rwanda, Rwandan courts including Gacaca tribunals, and French attempts to exercise universal jurisdiction. Using Rwanda as a case study, the article illustrates the issues, concerns, and difficulties that arise when multiple jurisdictions assert a right to exercise criminal jurisdiction over the perpetrators of serious atrocity crimes. Beginning with a discussion of the political context, this article considers what the competing narratives and litigation in various fora have meant for the project of international and transnational criminal justice. Cases involving the commission of atrocities pose unique challenges for the international legal order. As the normative structure of international criminal law has arguably been strengthened, political constraints increasingly come to the fore. As illustrated by Rwanda, universal jurisdiction or other bases of jurisdiction may remain necessary vehicles for justice and reconciliation, or, at the very least, they may serve as a catalyst for change in Rwanda itself.
2
Rodríguez Ramos, Luis. "¿Progresión o regresión constitucional de la justicia penal española? Irrupción del populismo judicial y del derecho penal de autor." Teoría y Realidad Constitucional, no. 43 (May 23, 2019): 193. http://dx.doi.org/10.5944/trc.43.2019.24404.
Full textAbstract:
Este artículo analiza, en primer lugar, los aspectos de la legislación y de la praxis de la organización y funcionamiento de la Administración de Justicia en general y, de modo especial, en lo atinente al orden jurisdiccional penal, derivados de la configuración dada por la Constitución de 1978; y, a continuación, destaca las realidades sobrevenidas con posterioridad a dicha fecha, igualmente contrarias a los principios o preceptos constitucionales. Desde lo anterior, el autor propone en ambos ámbitos (general y penal) soluciones “de lege data et ferenda” de avance hacia la “Segunda revolución de la Justicia española”, tan pendiente como urgente, pues al haber acaecido la primera por obra y gracia de la Revolución “Gloriosa” de 1868, la España actual, muy distinta de la de hace más de siglo y medio, precisa de una Administración de Justicia acorde con los tiempos.The article analyzes the configuration given by the Spanish Constitution (1978) to the justice administration and the specialties of the criminal jurisdiction, pointing the unsatisfactory aspects of the constitutional model. Following, the author highlights the real evolution of both the general and the criminal justice administration activity since the Constitution was enacted, reality which has become unrespectful with the Constitution´s principles and regulations. Finally, the document propose for both general and criminal justice administration “de lege data et ferenda” solutions to drive the Spanish judicial administration to an adaptation to current time needs, evolving from the results of the first revolution of justice administration (Gloriosa in 1868) to a second and highly needed revolution.
3
Shikhovtsova, Albina Olegovna. "Some aspects of the evolution of legal regulation of citizens’ right to participate in the administration of justice in the Russian Federation." Юридические исследования, no. 3 (March 2021): 1–8. http://dx.doi.org/10.25136/2409-7136.2021.3.35064.
Full textAbstract:
This article examines the evolutionary transformation of the consolidation of citizens’ right to participate in the administration of justice. The author carries out a detailed analysis of the origins of the citizens’ right to participate in the administration of justice, and formulates the main outcome of the development of legislative consolidation of this right through reference to the analysis of legal acts of various historical stages and a comparative legal research of the experience in regulation of this question. Emphasis is placed on evolution of the forms of citizens' participation in the administration of justice, concept of the citizen's eligibility in this sphere, correlation with other political rights and freedoms of the citizens. The conclusion is drawn that legislative consolidation of this right indicates direct interrelation with the social standards of a certain historical stage. The key aspects of the historical-legal evolution of the institution of citizens’ participation in operation of the courts include: - Recognition of the fact of public participation in the implementation of justice; - Recognition of the institution of citizens’ participation in operation of the courts as a component of the society; - Arrangement of the institution of citizens’ participation in operation of the courts from the institution of society to the full-scale component as part of public authority; - Complication of configuration of the circle of subjects of legal proceedings from involvement of individuals as jury to establishment of the right of these subjects to direct participation in the administration of justice. The author presents an original approach towards determination of the forms of evolution of legal regulation of citizens’ to participate in the judicial system.
4
Bufacchi, Vittorio, and Shari Garmise. "Social Justice in Europe: An Evaluation of European Regional Policy." Government and Opposition 30, no. 2 (April 1, 1995): 179–97. http://dx.doi.org/10.1111/j.1477-7053.1995.tb00122.x.
Full textAbstract:
WHEN RAWLS FORMULATED HIS VIEWS ON SOCIAL JUSTICE IN the 1950s and 1960s, leading to the publication of A Theory of Justice in 1971, he based his theory on a simple but unconditional assumption, namely, that justice is the first virtue of social institutions. This assumption Rawls considers to be beyond doubt, so much so that in the very first page of his treatise he claims that ‘laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust’.Largely as a result of Rawls's A Theory of Justice, over the last 25 years questions of social justice have dominated most debates on political theory. And while vast quantities of ink were expended over philosophical discussions on significant but detailed aspects of Rawls's theory, principally on the plausibility of his meta h sical assumptions on individuals and human psychology, it is unfortunate that not enough attention has been paid to Rawls's initial recommendation of adopting normative criteria as a tool for evaluating political institutions.
5
Paarlberg, Laurie E., Marlene Walk, and Cullen C. Merritt. "Six Blind Men and One Elephant: Proposing an Integrative Framework to Advance Research and Practice in Justice Philanthropy." Journal of Public and Nonprofit Affairs 8, no. 3 (November 10, 2022): 349–74. http://dx.doi.org/10.20899/jpna.8.3.349-374.
Full textAbstract:
There are growing calls that philanthropic foundations across the globe can and should advance diversity, equity, inclusion, and justice. Initial evidence indicates that foundations have indeed responded as evidenced by pledges to change practice, increased funding for racial justice, and the emergence of new networks to support equity and justice. However, there is also great skepticism about whether the field of foundations are, in fact, able to make lasting changes given numerous critiques of philanthropy and its structural limitations. In this article, we summarize these critiques that suggest factors that make institutional philanthropy resistant to calls for equity and justice. We posit that a core obstacle is a lack of conceptual coherence within and across academic and practitioner literature about the meanings of terms and their implications for practice. Therefore, we propose a transdisciplinary conceptual framework of justice philanthropy that integrates the fragmented literature on justice-related aspects of philanthropy emerging from different disciplinary traditions such as ethics, political theory and political science, social movement theory, geography, public administration, and community development.
6
Тимчук, А. Л., and Н. В. Полторацька. "Theoretical aspects of the civil society phenomenon." Public administration aspects 7, no. 12 (January 20, 2020): 104–12. http://dx.doi.org/10.15421/151970.
Full textAbstract:
The article analyzes idealistic views on the phenomenon of "civil society". The authors emphasize that civil society is a society of justice and civil consensus, where each citizen is guaranteed civil, political and socio-economic rights and explores the basic features (features) of civil society. First, it is a society of justice. The next major feature is civic consent, that is, the establishment of a new social order through dialogue and spiritual and political consensus.According to the authors, human rights are guaranteed in every democratically organized society, and the state claiming to be legal has no right, but is obliged in its legislation to foresee and actually guarantee by legal and other means those rights which are due to the state recognitions acquire the character of subjective legal rights. As a result of the adoption of international standards by states, the very concept of a person and in domestic law becomes legal and designates citizens of that state, as well as foreigners and stateless persons who reside in its territory. And human rights are those rights that belong to every person regardless of their nationality.The authors conclude that no sharp and insurmountable boundary can be drawn between human rights and citizens' rights. Human rights are a social category. They are formed objectively as a result of the development and improvement of social production and the system of public administration of society in the form of social opportunities to enjoy various economic, political and spiritual benefits, and exist before their state recognition. And citizens' rights are those human rights that are under the protection and protection of the state.
7
Vázquez, Carlos Manuel. "Breard and the Federal Power to Require Compliance With ICJ Orders of Provisional Measures." American Journal of International Law 92, no. 4 (October 1998): 683–91. http://dx.doi.org/10.2307/2998131.
Full textAbstract:
Among the puzzling aspects of the Breard episode was the Clinton administration’s claim that the decision whether or not to comply with the Order of the International Court of Justice requiring the postponement of Breard’s execution lay exclusively in the hands of the Governor of Virginia. The ICJ’s Order provided that “[t]he United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings.” The Clinton administration argued that the Order was not binding, but it also took the position that, even if the order were binding, there would be no authority in the federal Government to require a postponement of the execution. As the administration explained to the Supreme Court:
8
Caianiello, Michele. "Disclosure before the ICC: The Emergence of a New Form of Policies Implementation System in International Criminal Justice?" International Criminal Law Review 10, no. 1 (2010): 23–42. http://dx.doi.org/10.1163/157181209x12584562670776.
Full textAbstract:
AbstractThe use of theoretical models, the most famous of which is the distinction between accusatorial and inquisitorial, is decisive in testing the intrinsic consistency of a specific procedural system. The aim of this work is to analyse some aspects of the law of evidence provided for by ICC sources, specifically the disclosure provisions, and ascertain whether the blending of different legal traditions may be regarded as successful or subject to criticism. For this purpose, in his analysis the Author employs the widely known Damaška partition between coordinate vs. hierarchical officialdom, in the administration of the process. The conclusion reached in this work is that some amendments to the sources of the ICC concerning the law of evidence would be advisable, in order to rectify certain inconsistencies. Among them, the author proposes the adoption of an official Prosecutor's file in the pre-trial phase.
9
Farrelly, Colin. "How should we theorize about justice in the genomic era?" Politics and the Life Sciences 40, no. 1 (2021): 106–25. http://dx.doi.org/10.1017/pls.2021.3.
Full textAbstract:
AbstractThe sequencing of the human genome and advances in gene therapy and genomic editing, coupled with embryo selection techniques and a potential gerontological intervention, are some examples of the rapid technological advances of the “genetic revolution.” This article addresses the methodological issue of how we should theorize about justice in the genomic era. Invoking the methodology of non-ideal theory, I argue that theorizing about justice in the genomic era entails theorizing about (1) the new inequalities that the genetic revolution could exacerbate (e.g., genetic discrimination, disability-related injustices, and gender inequality), and (2) those inequalities that the genetic revolution could help us mitigate (e.g., the risks of disease in early and late life). By doing so, normative theorists can ensure that we develop an account of justice that takes seriously not only individual rights, equality of opportunity, the cultural and sociopolitical aspects of disability, and equality between the sexes, but also the potential health benefits (to both individuals and populations) of attending to the evolutionary causes of morbidity and disability.
10
Abreu Colombri, José Antonio. "La figura de Robert F. Kennedy en el marco sociopolítico estadounidense. Bobby Kennedy for President." Latente Revista de Historia y Estética audiovisual 20 (2022): 103–11. http://dx.doi.org/10.25145/j.latente.2022.20.04.
Full textAbstract:
By the end of the 1950s, the Kennedys were one of the most influential families on the American political scene. The Democratic Party, in an expansive electoral phase in the 1960s, became a promoter of legislative reform in favor of minorities, which would broaden its electoral base. At the same time, said reform caused a major split between the Democrat factions more conservative. The programmatic rearrangement of the Democrats occurred in parallel to the personal evolution of Robert F. Kennedy. The joyful and gesticulating character of the chief justice of the Supreme Court, during the Kennedy-Johnson administration (1961-1965), gave way to a sad and reflective senator from the state of New York, during the first three years of the Johnson administration (1965-1968). Dawn Porter’s documentary (2018) is a magnificent example of quality historical divulgation, in a commemorative time frame, in which certain aspects of the American political landscape are rigorously exposed.
11
de la Rasilla del Moral, Ignacio. "The Swan Song of Universal Jurisdiction in Spain." International Criminal Law Review 9, no. 5 (2009): 777–808. http://dx.doi.org/10.1163/156753609x12507729201354.
Full textAbstract:
AbstractOn 29 April 2009 the Spanish National Court opened a cause against the "perpetrators, the instigators, the necessary collaborators and accomplices" of alleged tortures at the Guantanamo camp and other overseas detention facilities. Before examining how these and other causes currently opened in Spain under the principle of universal jurisdiction enshrined by Art. 23.4 of the Organic Law of the Judicial Branch (LOPJ) are likely to be affected by the legislative reform of that very provision approved by the Spanish Congress of Deputies on 25 June 2009, we will first examine the sinuous - and now dramatically indicative in retrospect - jurisprudential evolution of the treatment of the principle of universal justice by Spanish Courts since the Constitutional Court enshrined a doctrine of unconditional universal jurisdiction in its widely celebrated Guatemala Genocide case in June 2005. This is complemented by an overview of the cases that, jurisdictionally based on the principle of universal justice enshrined by Article 23 of the LOPJ, are still currently open (from e.g., Tibet to Rwanda or Gaza) before Spanish Courts. In addition, set against the background provided by the release of the four so-called "torture memos" by the Obama Administration in April 2009, there is a brief examination of the possibilities of jurisdictional prosecution of both the perpetrators and those who formulated the legal guidance authorizing the "enhanced interrogators techniques" in both the U.S. domestic law system and international legal jurisdictional settings, including at the ICJ level. Eventually, an examination of the hasty procedure through which the new relevant Spanish provision in this area has been adopted and the legal effects, with reference to cases currently opened before the Spanish courts, of the newly reformed article give place to a brief reflection on the prospects of international law in the age of an emerging new international judiciary in view of the structural deficit of mechanisms of participatory democracy on the domestic plane with relevance in the international realm as dramatically epitomized at this juncture by the Spanish legal system.
12
Mollel, Andrew. "Judicial Settlement of Armed Conflicts in International Law: Reflecting the 2005 International Court of Justice Decision in the Democratic Republic of Congo." Nordic Journal of International Law 76, no. 4 (2007): 407–34. http://dx.doi.org/10.1163/090273507x249219.
Full textAbstract:
AbstractThe duty of states to settle their disputes peacefully and in accordance with international law is emphasized in a number of important provisions enshrined in the Charter of the United Nations (UN) and state practices. Adjudication is one among a range of existing means of pacific settlement of disputes. This article analyzes the role of the International Court of Justice (ICJ) in pacific settlement of international disputes. It critically examines judicial settlement of armed conflicts, taking the ICJ decision in the Case Concerning Armed Activities in the Territory of the Congo (Democratic Republic of Congo v. Uganda) as a focal point. The main argument of the author is that while the adjudicatory role of the ICJ as the principal judicial organ of the UN is a crucial method in the pacific settlement of international disputes, it is unlikely to suit armed conflicts situations. Jurisdictional limitations of the ICJ in adjudication of armed conflicts situations is pointed out. The article points to the preclusion of the Court from adjudicating the other cases brought by the Democratic Republic of Congo (DRC) against Rwanda and Burundi as an illustration of such limitations. It, however, stresses that the very outcome of the 2005 ICJ decision in the Democratic Republic of Congo v. Uganda case is another clear example of such shortcomings. Without getting into detailed discussions of theories of compliance with international law, the article further discusses the question of compliance with the current ICJ decision in the light of previous state practices. Since there are no established enforcement mechanisms in the international system akin to those in national legal systems, the question whether decisions of international judicial bodies (the ICJ in this case) are complied with remains at the mercy of condemned states. In the final analyses, the author points to the current weaknesses and limitations of the international legal system as a whole in the administration of justice.
13
Sukanya Aimimtham, Imron Sohson, Pornsan Piyanantisak,. "Guidelines to Improve Public Service Administration for Thailand Reform: Reflections from the Northeast." Psychology and Education Journal 58, no. 1 (January 29, 2021): 1314–17. http://dx.doi.org/10.17762/pae.v58i1.899.
Full textAbstract:
This research is based on a synthesis from a reconciliation forum for the country’s reform in Khon Kaen province, northeast Thailand. The purpose of the study is to identify conflicts and development issues in the area; investigate the need for reform in various sectors at both local and national levels, and explore alternatives or guidelines to improve public service administration for the country's reform. Data was collected using qualitative research tools including focus group, dialogue, and open-ended questionnaires. The target groups consisting of 3,200 people who is living in Khon Kaen province and other 204 professionals consisting of 61 representatives from the government sector, 39 from the private sector, 33 from education sector, 22 from in the political sector and 49 from civil society sector. The results revealed that in order to diminish conflicts, reconciliation must occur at both the community and the national level. In addition, many aspects of public service administration and public policy must also be reformed; especially those involved in politics and political institutions, ethical standards of politicians and government officials, Criminal Justice System and administration, systematic corruption, education system, economic structure and income distribution; information and data management, as well as other issues stem from inequality in the society.
14
Thomas, Andrew John. "The Justice of Theory: How and What Do Educational Skills Distribute?" Education Sciences 11, no. 9 (August 30, 2021): 478. http://dx.doi.org/10.3390/educsci11090478.
Full textAbstract:
Do educational theories affect enfranchisement asymmetrically? This article analyses two sets of thinking skills in religious education as apparatuses, taking observations and political documents as a starting point. The thinking skills are described in terms of the roles they allocate, the attention and affect they direct, values and truth-criteria they foster, and the extent to which they make aspects of religion visible and invisible. Taking a cue from Butler’s question, “When is Life Grievable?”, attention is paid more to the distribution of an apparatus than its validity or effectiveness. How do sets of thinking skills distribute opportunities to make particular strategic choices? When is learning truly and equally shared?
15
Smirnov, Alexander, and Andrey Santashov. "Extrajudicial Forms of Protecting Rights and Freedoms of a Person in the Field of Criminal Law Relations: Conceptual Aspects and Improvement of State Response." Russian Journal of Criminology 15, no. 2 (April 30, 2021): 210–19. http://dx.doi.org/10.17150/2500-4255.2021.15(2).210-219.
Full textAbstract:
The article describes the conceptual basis for a new special research theory — extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations. The authors introduce the concept of these forms and their system consisting of legal and non-legal forms of such protection. It is concluded that the reaction of the state to the implementation of legal extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations should be improved with the purpose of ensuring greater justice when making decisions on criminal prosecution for the self-defense of the legal status of a person in the analyzed sphere of relations. The authors offer a number of suggestions on changes and amendments to the Criminal Code of the Russian Federation that would improve the effectiveness of this reaction. On the other hand, non-legal forms of self-defense in the field of criminal law relations should be prevented. The authors present a list of factors determining the existence of these forms in the Russian society, some of which, due to certain circumstances both in the past and present period of the development of Russian state and society, have an «excusable» character. These factors include both global (the spread of various discrimination practices, ideas of extremism and religious radicalism; the escalation of violence) and national factors (historical predetermination of state and public development; features of cultural development of the Russian society; specifics of the implementation of state policy and public administration activities; drawbacks of criminal law regulation of social processes and law enforcement activities; destructive practices of social relations; moral and psychological state of the society; influence of propaganda; defective educational and pedagogical influences, etc.). The authors also present a system of preventive measures aimed at eradicating non-legal forms of the analyzed extrajudicial protection. This system includes measures of developing a state reaction to crimes that would correspond to social expectations, ensuring a greater strictness of criminal law, unavoidability of prosecution, as well as measures of moral rehabilitation of the Russian society, raising the level of its legal conscience and culture. The authors suggest the introduction of a norm that establishes criminal liability for usurping the power of the court connected with the administration of justice.
16
Goldman, Lawrence. "Foundations of British Sociology 1880–1930: Contexts and Biographies." Sociological Review 55, no. 3 (August 2007): 431–40. http://dx.doi.org/10.1111/j.1467-954x.2007.00717.x.
Full textAbstract:
‘This paper provides an overview of aspects of the history of British sociology. In particular, it tries to answer critical historical work by among others, Perry Anderson and Philip Abrams, which sought to explain the supposed indigenous ‘failure’ to develop academic sociology in Britain before the 1960s. It is argued that a narrowly academic reading of the history of sociology cannot do justice to its role in the service of social administration and public enlightenment and may exaggerate the degree to which sociology from its foundations was conceived as a purely intellectual discipline. The paper points to a thriving sociological culture in Britain in the generation before the First World War, though it was one in which many contributions came from philosophers, natural scientists and political economists rather then self-proclaimed ‘sociologists’. It ends with a brief review of Patrick Geddes and Victor Branford, a founder of the Sociological Society and editor of the Sociological Review, whose biographies and eclectic social and international interests tell us something about the personalities and political interests of early British sociological pioneers.'
17
Vos, Elsbeth de. "Aspects of the Administration of International Justice; Elihu Lauterpacht; Grotius Publications; Cambridge1991; ISBN; 0-949009-90-3; xxxiv + 166pp. Vol. IX in the Hersch Lauterpacht Memorial Series;." Leiden Journal of International Law 7, no. 1 (1994): 137–40. http://dx.doi.org/10.1017/s0922156500002880.
Full text
18
Shevchuk, Vitalii. "The Impact of Extra-Legal Factors on Adjudication: Theoretical and Practical Aspects." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 434–38. http://dx.doi.org/10.36695/2219-5521.1.2020.87.
Full textAbstract:
Adjudication is a complex and multifaceted process that involves not only legal but also personal and psychological aspects. In a combination, they can be regarded as the extra-legal affect on specific categories of cases. The issue under studies is relatively new in present-day Ukraine. However, this field of scientific research originated in America at the end of the XIX century. Although it has lost its relevance, today, this issue is gaining popularity again, particularly in the works by both national and foreign scholars, who directly or indirectly reveal it.
The article under discussion presents the analysis of theories, developed by national and foreign authors. These works trace the tendency to identify the factors that may affect the judges’ decision-making process, both directly (legal experience; political predisposition; intellectual and temperamental traits) and indirectly (overall erudition; family and personal associations, social status).What is more, the author of the article has identified two possible options for a judge to make a decision - by justice and by law. They are by no means related to each other, since not all the decisions, made in compliance with the law, are fair, whereas it is much easier to make fair decisions conform to the letter of the law.
This research is based on the materials of study carried out in 1914-1916 regarding some New York City magistrate judges, who made different decisions on similar categories of cases. Such a discrepancy again outlines the boundaries of individual relationships that affect the administration of justice.
In addition to the above, the theoretical material, outlined in the article, is rests on the examples from the court records of Canada and Ukraine. This made it possible to prove and realize that such extra-legal impact does exist today and is ruining the judicial system from inside.Besides, the investigation reveals the ECHR’s position on the issue under study. Relying on specific examples, we have pointed out various manifestations of judges’ bias. In those cases, they were driven by personal views and motives, which, in turn, influenced their final decisions, the latter being subsequently challenged.
19
Pahlawan MP, H. Muhamad Rezky, and Chessa Ario Jani Purnomo. "Problematika Fungsi Hakim Pengawas dan Pengamat Dalam Sistem Peradilan Pidana Indonesia: Tinjauan Studi Socio-Legal." Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton 6, no. 2 (August 27, 2020): 107–17. http://dx.doi.org/10.35326/pencerah.v6i2.709.
Full textAbstract:
In this study, the author considers 3 (three) reasons that are considered important such as philosophical aspects, aspects of criminal law theory, and political aspects of national criminal procedural law after describing 5 (five) previous legal scientific studies related to the implementation of supervisory judges and observers in the criminal justice system. This study aims to reflect on the legal principles of the kimwasmat institution and build models and patterns of implementing the kimwasmat institution. This research intends to answer 2 (two) legal issues: firstly, what are the legal principles contained in Article 280 of the KUHAP. Secondly, what is the model and pattern of implementation of the supervisory and observer judge institutions based on Article 280 of the KUHAP. This legal research uses the socio-legal research method, the materials of which are the results of interviews of judges in deliberate district courts, study of court official documents, relevant laws and regulations to legal issues, legal theory and social science theories. This study found, firstly, the function of kimsmat based on the principle of legal certainty and the principle of benefit which seeks to be married into the principle of certainty which is useful based on Pancasila. Finally, the classical bureaucratic model and the institutional model as well as the aspects of state administration to explain the management and control functions of the authority of the kimwasmat become the basis for the court to carry out criminal objectives.
20
Pytlas, Bartek. "Party Organisation of PiS in Poland: Between Electoral Rhetoric and Absolutist Practice." Politics and Governance 9, no. 4 (November 24, 2021): 340–53. http://dx.doi.org/10.17645/pag.v9i4.4479.
Full textAbstract:
The article analyses the organisation of the Law and Justice party (Prawo i Sprawiedliwość [PiS]) in Poland. The case of PiS does not only allow us to explore the organisational features of a strongly institutionalized, incumbent party which uses populist radical right (PRR) politics. PiS, we argue, is also an ideal case to contrast what such parties might rhetorically declare and substantively do about their organisational features. Using party documents, press reports, quantitative data, and insights from the secondary literature based on interviews with activists, we evaluate the extent to which PiS has developed a mass-party-related organisation, and centralized its intra-party decision-making procedures. We find that while PiS made overtures to some aspects of mass-party-like organisation for electoral mobilization, the party remained reluctant to actively expand its membership numbers and put little effort into fostering the integration and social rootedness of its members through everyday intra-party activities. Furthermore, despite attempts to enact organisational reinvigoration, in practice PiS continued to revolve around strongly centralized structures and, in particular, the absolutist leadership style of the party’s long-time Chair Jarosław Kaczyński. The analysis contributes to assessing the variety and functions of organisational features and appeals within the comparative study of PRR parties. Most particularly, it invites further research into the still relatively under-researched interactions between PRR party organisation and active party communication.
21
Borshchevskiy, G. A. "Party Ideologies through the Prism of Administrative Paradigms." Journal of Political Theory, Political Philosophy and Sociology of Politics Politeia 107, no. 4 (December 23, 2022): 83–103. http://dx.doi.org/10.30570/2078-5089-2022-107-4-83-103.
Full textAbstract:
The article is devoted to the analysis of proposals for the reform of public administration in the programs of the Russian political parties that participated in the 2021 Duma elections, the assessment of their coherency and realism as an indicator of the party’s political maturity, its willingness to implement its slogans in practice. Using classification methods, as well as content and thesaurus analysis, the author documents similarities and differences between these proposals and considers them through the prism of party ideologies and basic administrative paradigms. The study does not reveal a clear correlation between party ideology and proposals for improving public administration: party programs with polar ideologies have similar proposals. At the same time, the author discovers a connection between party ideologies and administrative paradigms presented in the programs. Left-wing parties are oriented towards Good Governance i.e., the openness of the authorities and the involvement of citizens in the administration. New Public Management associated with economic efficiency and client-centric state is typical to right-wing and (to some degree) centrist parties. The Weberian paradigm with its emphasis on the legality and procedural aspects is scarcely presented in the programs of Russian parties. In general, the paradigm of Good Governance is most popular in the programs. The author explains the dominance of this paradigm in party programs both with the populist trend gaining strength all over the world and with a request for social justice inherent in the Russian society. However, according to his conclusion, although parties and society are ready for cooperation, which is reflected in discursive practices, such readiness conflicts with the underdevelopment of the mechanisms of the implementation of Good Governance, which have not yet been developed even at the level of theory. He sees a possible solution to this problem in the unification of the efforts of political scientists and specialists in public administration and overcoming the mismatch between these disciplines.
22
Kranz, Jerzy. "Wollt ihr den totalen Krieg? Legal, Political, and Moral Aspects of the Resettlement of German Population." Polish Review of International and European Law 7, no. 2 (August 17, 2020): 9–119. http://dx.doi.org/10.21697/priel.2018.7.2.01.
Full textAbstract:
Germany had started the Second World War in an intentional and conscious manner, obviously being aware that every action can have unpredictable and unwanted consequences. The Potsdam decisions were taken by the Great Powers after assuming supreme authority in Germany. They constituted a manifestation of the Allies’ rights and responsibilities. The territorial changes of Germany and the transfer of population were part of the general regulation of the effects of the Second World War. These decisions were not a simple matter of revenge. They must be perceived in a wider political perspective of European policy. The resettlement by Germany of ethnic Germans to the Reich or to the territories it occupied constituted an instrument of National Socialist policy. This German policy turned out in 1945 to be a tragic irony of fate. The resettlement decided in Potsdam must be perceived in the context of German legal responsibility for the war’s outbreak. The individual perception of the resettlement and individual guilt are different from the international responsibility of the state and from the political-historical responsibility of the nation. In our discussion we made the distinction between the individual and the collective aspect as well as between the legal and historical/political aspect. We deal with the guilt of individuals (criminal, political, moral), the international legal responsibility of states, and the political and historical responsibility of nations (societies). For the difficult process of understanding and reconciliation between Poles and Germans, the initiatives undertaken by some social circles, and especially the church, were of vital importance. The question of the resettlement became a theme of numerous publications in Poland after 1989. In the mid 1990s there was a vast debate in the media with the main question of: should we apologize for the resettlement? Tracing a line from wrongdoing/harm to unlawfulness is not easy. In 1945 the forcible transfer of the German population was an act that was not prohibited by international law. What is significant is that this transfer was not a means of war conduct. It did not apply to the time of a belligerent occupation, in terms of humanitarian law, but to a temporary, specific, international post-conflict administration. Maybe for some people Potsdam decisions will always be seen as an illegal action, for others as an expression of strict international legal responsibility, for some as a kind of imperfect justice, and still for others as an opening of a new opportunity for Europe.
23
Ricci, Paolo, and Pietro Pavone. "The experience of social reporting in Italian judicial offices. The laboratory of the public prosecutor’s office in Naples." International Journal of Public Sector Management 33, no. 6/7 (August 10, 2020): 713–29. http://dx.doi.org/10.1108/ijpsm-04-2020-0102.
Full textAbstract:
PurposeThe paper aims to reach a better understanding of accountability and social reporting in the Italian justice system, by examining the state of the art of both literature and practice. The case study highlights the critical elements in drawing up the social report of one of the most important Prosecutor Offices in Italy.Design/methodology/approachThe case study analyzes the activities of the actors involved in the report building process by detailing all the steps involved in a research diary, in order to examine such process from the inside, thus reversing its perspective.FindingsThe study shows that both the lack of guidelines for judicial administrations and a consolidated trend of transforming administrative facts into documents useful to stakeholders slow down the evolution of practices, which are stuck in a perpetual trial stage.Research limitations/implicationsThe limitations are mainly related to the adoption of a single case study, which does not include any comparison with other reporting experiences in the justice sector.Originality/valueThis paper adds evidence to the theoretical debate on social reporting in the justice sector which has so far received the attention of a limited number of scholars. Furthermore, unlike other studies focusing exclusively on the final report while overlooking the process that turns input into output, this research deals with the core of the social reporting process and practices in their development, capturing their most intimate and controversial aspects from the inside.
24
Lemaître, Roemer. "The Rollback of Democracy in Russia after Beslan." Review of Central and East European Law 31, no. 4 (2006): 369–411. http://dx.doi.org/10.1163/092598806x149595.
Full textAbstract:
AbstractThis contribution analyzes the political and legal changes implemented after "Russia's 9/11". President Putin used Beslan as eyewash to further increase his powers and to suppress or co-opt all independent sources of power in state and society. It is argued that several aspects of these reforms are in breach of the Russian Constitution and violate Russia's obligations under international (human rights) law. The contribution discusses the abolition of direct elections of regional leaders and the far-reaching amendments to the parliamentary election system in clear favor of the pro-Kremlin parties. It describes the growing state tutelage of civil society through the creation of a Public Chamber, the increased legal scrutiny of the activities of domestic and foreign NGOs as well as the formation of a loyal vanguard youth movement that could ultimately be deployed to ward off an "orange" revolution. Finally, it assesses the legality of new counterterrorism measures and briefly refers to the bottlenecks in the administration of justice unearthed by the first judgments of the European Court of Human Rights in cases stemming from Chechnya.
25
Shevchenko, Alina. "The Essence and Structure of Masters’ of Public Administration Core Competencies in the USA." Comparative Professional Pedagogy 6, no. 3 (September 1, 2016): 62–68. http://dx.doi.org/10.1515/rpp-2016-0035.
Full textAbstract:
Abstract The article deals with revealing the essence and structure of Masters’ of Public Administration professional training in the USA. It has been concluded that Public Administration studies the realization of government policies and trains future public administrators for professional activity; is guided by political science and administrative law; aims to improve the justice, equality, security and efficiency of public services. It has been indicated that the MPA degree is dedicated for those willing to work in public sector. It has been found out that MPA programs are designed to develop the abilities, skills and methods specialists use to realize policies, programs and projects as well as to resolve crucial issues within their organization and/or in society. It has been stated that in the United States of America Master of Public Administration (MPA) and Master of Business Administration programs (MBA) are quite similar, however, have certain differences. It has been defined that the MPA program focuses on different ethical and sociological criteria secondary for business administrators. Simultaneously MPA programs encompass economy courses to supply students with knowledge of microeconomic and macroeconomic issues. It has been specified that MPA programs are built on a range of core competencies defined by the Network of Schools of Public Policy, Affairs, and Administration (NASPAA). The list of the core competencies (to lead and manage in public governance; to participate in and contribute to the public policy progress; to analyze, synthesize, think critically, solve problems and make decisions; to articulate and apply a public service perspective; to communicate and interact productively with a diverse and changing workforce and citizenry) and their detailed characteristics have been presented. It has been identified that cultural competency of future public administrators has become an essential constituent of public affairs curricula. It has been concluded that the above-mentioned positive aspects of the experience may be used to improve future public administrators’ professional training in Ukraine.
26
Gabbiani, Luca. "‘The Redemption of the Rascals’: The Xinzheng Reforms and the Transformation of the Status of Lower-Level Central Administration Personnel." Modern Asian Studies 37, no. 4 (October 2003): 799–829. http://dx.doi.org/10.1017/s0026749x03004037.
Full textAbstract:
Two of the main practical problems which confronted the Xinzheng reforms (1901–1911) were, on the one hand, financial issues, and on the other, personnel issues. In this paper, I will concentrate on the latter. When one thinks of the reforms in relation to administrative personnel, the main aspects generally brought up are centered upon innovations introduced at that time. Among other things, we could mention the new schools or, to be more general, the new educational system that was built up around the empire—mostly after 1900—to prepare a new generation of officials trained in specific fields of ‘modern’ knowledge. They, in turn, were expected to fill in the positions in the newly set up administrative institutions at the central and local levels. Their new training was to allow them to be in charge of the new responsibilities the reformed Qing bureaucratic apparatus had set out to perform in such fields as justice, fiscality and finances, the military and police, education or public health, to name but a few. To summarize, the search for talented men, a Chinese age-old principle for sound government, was trusted to that for new talents. The 1905 disbanding of the traditional examination system did much to reinforce this trend. During the first decade of the 20th century, the steady increase in the number of Chinese young men going abroad to study—especially to Japan—can serve as a testimony to this `new knowledge and new talent fever' of the late Qing. The fights against one another to which some of the central and provincial administrative offices resorted in order to secure for themselves the services of those deemed of talent are but another exemplary illustration of this aspect.
27
Highet, Keith. "Aspects of the Administration of International Justice. Vol. IX in the Hersch Lauterpacht Memorial Lecture Series. By Elihu Lauterpacht. Cambridge: Grotius Publications, 1991. Pp. xxxiv, 166. Tables of cases, treaties. Index. $70; £35." American Journal of International Law 86, no. 3 (July 1992): 621–26. http://dx.doi.org/10.2307/2203974.
Full text
28
Knysh, V. V. "Historical Aspects Of Constitutional Responsibility In Ukrainian Lands In 1917-1920." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 213–21. http://dx.doi.org/10.15330/apiclu.51.213-221.
Full textAbstract:
The article explores the main aspects of legal consolidation of constitutional legal responsibility on Ukrainian lands in 1917-1920. In this case, the main attention is paid to the legislation of the Ukrainian People’s Republic (UNR) on this issue.
On the author’s conviction, the responsibility of state authorities and local selfgovernment of the UPR was characterized by the following features:
1) the consolidation at the level of the Constitution of the general and specific features of the constitutional and legal responsibility of the parliament of the UPR (NationalAssembly ofthe UPR). In particular, the common features ofthe constitutional legal responsibility of the Parliament of the UPR are their clear correspondence with the main functions: law-making (responsibility for the exercise of the functions of the legislative power) and personnel (constitutional and legal responsibility for the formation of executive and judicial authorities). Specific features of constitutional legal responsibility were expressed in the functions of exclusive constitutional rulemaking (amending the Constitution of the UPR by at least 3/5 of the votes of the present deputies; the authority to approve political and economic treaties concluded in the name of the UPR and to be responsible for their content and execution); economic and fiscal functions (the impossibility of collecting taxes without a decision of the National Assembly; the impossibility of establishing loans and pledging state property without a resolution of the National Assembly) emergency functions (responsibility for the National Assembly to form troops and law enforcement agencies of the state, for declaring war and peace)
1) legal consolidation in relation to the government (Council of People’s Ministers) of sole retrospective (negative) constitutional legal responsibility, which provides for constitutional legal sanctions against the ministers themselves, as well as collective retrospective (negative) constitutional legal responsibility, which provides for constitutional legal sanctions against the entire government;
2) Determination of constitutional legal responsibility (both positive and negative) for the administration of justice in the state by the General Court of the UPR;
3) approval of the constitutional and legal responsibility of local authorities for the control function of the ministers of the UPR in relation to the elected Councils and Administrations of communities, volosts and lands, as well as through the jurisdictional function of the justice authorities;
4) Conditionality of the constitutional and legal responsibility of the autonomous rights of national Unions with the exclusive competence of the National Unions and bodies representing them with functions of a fiscal and economic nature.
So, the basic principles of competence and constitutional legal responsibility of the organs of state power and local self-government of the UPR according to the Constitution of the UPR were closely related to the principle of separation of powers and other leading principles, corresponding models of a democratic, social and legal state.
It should also be noted that the normative consolidation of the foundations of constitutional legal responsibility (as well as other institutions of constitutional law of Ukraine) at the present stage of development of Ukrainian constitutionalism should be based not only on the current needs of state and law-making, but also certain positive historical and legal traditions, earlier existed on Ukrainian lands.
29
Widyawati, Anis, Pujiyono Pujiyono, Nur Rochaeti, Genjie Ompoy, and Nurul Natasha Binti Muhammad Zaki. "Urgency of the Legal Structure Reformation for Law in Execution of Criminal Sanctions." Lex Scientia Law Review 6, no. 2 (December 19, 2022): 327–58. http://dx.doi.org/10.15294/lesrev.v6i2.58131.
Full textAbstract:
The judicial power in criminal law enforcement within the Criminal Justice System, including the execution of criminal sanctions sub-system, should be independent and self-supporting. In Indonesia, the execution of criminal sanctions sub-system is currently under the executive power that enables the practice of execution of sanctions being obstructed by many factors. In relation to that, this study explains the urgency of revision for legal structure of criminal sanctions execution and legal structure reformation for criminal enforcement in Indonesia. It employs a qualitative approach using the doctrinal research within the post-positivism paradigm. This study found that it is considered urgent or essential to reform the criminal legal structure of the national law based on philosophical, sociological, and juridical aspects abiding to Pancasila. The criminal law system covers the criminal law enforcement system which includes material criminal law sub-system, formal criminal law sub-system, and execution of criminal sanctions sub-system. Essentially, the execution of criminal sanctions sub-system acts as a sub-system of punishment. The structural reform of the systemic law in execution of criminal sanctions sub-system should be under the auspices of judicial authority, which is the Supreme Court. Therefore, this study concludes that the system should become linear, independent, synergized, and integrated with the investigative agents, prosecutors, and courts in a single criminal law system. In this way, there will be supervision and coordination in the context of the integrality of punishment, which falls under one protection of an integrated criminal law enforcement system.
30
Giunchi, Elisa. "The Reinvention of Sharī‘a under the British Raj: In Search of Authenticity and Certainty." Journal of Asian Studies 69, no. 4 (November 2010): 1119–42. http://dx.doi.org/10.1017/s0021911810002895.
Full textAbstract:
Influenced by Orientalist assumptions and Utilitarian ideals, and needing to enforce a system of adjudication that responded to their interests, the East India Company's officers selected among varied religious texts a set of norms and tried to apply them consistently. The decision to rely on texts rather than practice, the choice of certain precepts at the expense of others, and their rigid application ran counter to the traditional administration of justice, which had been fluid, contextual, and plural. They also distorted the meaning of Hanafi fiḳh, turning what had been an instrument of legitimation, a moral reference, and a source of social standing into a system of organized dispute settlement. The emphasis on religious textual sources and the attempt to use them as a basis for codification coincided with the idea, which gained ground in the nineteenth century among Muslim reformist movements, that political weakness could be countered by returning to a pristine scripturalist Islam, focused on its legal aspects and seen as a systematic doctrine devoid of ambiguities. These ideas can be also found in the Islamist thought that subsequently spread among urban reformist movements and in legal reforms adopted in Pakistan. A review of case studies, however, suggests that the flexibility and contextuality that characterized the enforcement of Islamic law in precolonial Islam is still to be found in legal practice.
31
Risnawati, Ririn. "ANALISIS BERITA POLITIK PADA SURAT KABAR HARIAN (SKH) KEDAULATAN RAKYAT TENTANG PEMBERANTASAN KORUPSI DI ERA PEMERINTAHAN JOKOWI-JK." JIKE : Jurnal Ilmu Komunikasi Efek 2, no. 2 (June 30, 2019): 223–50. http://dx.doi.org/10.32534/jike.v2i2.529.
Full textAbstract:
This study examines the Political News Analysis of the Sovereignty of the People's Sovereignty on Eradicating Corruption as the Independence of the Mass Media in Proclaiming the Performance of the Jokowi-JK Government which focuses on 1 year of its administration (20 October 2014 October 20 2015). This research is based on two things, namely: first, how is the analysis of the political news regarding Corruption Eradication in the local mass media (Kedaulatan Rakyat) in reporting on the performance of the Jokowi-JK government; second, how the independence of the local mass media in reporting on the performance of the Jokowi-JK government in the area of ??corruption eradication. Media independence is seen from the method of Qualitative Approach with Critical Paradigm namely Critical Discourse Analysis; using Teun A. van Dijk's Model Analysis of text production involving aspects of cognition and social context. The production of text in the political news regarding the Eradication of Corruption in Judging the Performance of the Jokowi-JK Government presented by the Kedaulatan Rakyat SKH is a strong text structure. The Kedaulatan Rakyat Daily Newspaper is able to provide detailed Semantic Structure and more coherent relationships between words / sentences. In addition, the Kedaulatan Rakyat Daily Newspaper minimizes graphics and metaphor as rhetorical elements so as to be able to present more real and factual news. starting from text, social cognition and social context. The news on SKH Kedaulatan Rakyat is able to present the factual news objectivity in accordance with the truth and relevance. Not only that, the objectivity of the news about justice is able to be fulfilled by the People's Sovereignty SKH by presenting balanced news and explaining it more neutral without the support of the mass media.
Keywords: Political News, Independence, Mass Media, Eradication of Corruption
32
Ilya, Aminov. "Influence of Confessional Policy of the Russian Empire on Marriage and Family Relations of Transcaspian Turkmens." ISTORIYA 13, no. 10 (120) (2022): 0. http://dx.doi.org/10.18254/s207987840023193-1.
Full textAbstract:
The subject of the study is the transformation of marriage and family relations of Transcaspian Turkmens under the influence of the confessional policy of the Russian Empire, which included the territory of Transcaspia in its borders in the last third of the XIX century. The use of concrete historical, comparative legal, structural and systemic methods in the study allowed us to draw conclusions relevant for filling historical and legal gaps in Russian-Turkmen relations. Despite the tolerant attitude of the imperial authorities and even the support of some Muslim-legal (religious-ceremonial, family-household and moral) prescriptions, Sharia could not subdue all aspects of Turkmen life and replace customary law (adat), which played a major role in all periods of development of Turkmen society. Sharia were clarified and applied. During the imperial period, thanks to the activities of the Russian administration and the central government, the jurisdiction of Muslim law expanded significantly; it received a judicial tribune in the form of such a centralized body as the Extraordinary Congress of People's Judges, with the help of which some guiding principles of both Adat and Sharia were clarified and applied. The rapidly changing socio-economic situation caused by the close interaction of traditional Turkmen institutions with Russian state bodies (changes in the economic and lifestyle of the local population, binding to market relations, non-belittling of the role of Islam and Adat in its spiritual life, their compromise combination with the general laws of the empire, the practice of improved forms of popular justice) led to a change in the traditional legal consciousness of the Turkmen. The desire of the imperial center and the Russian administration of Transcaspia for the regulatory and legal regulation of life in the family, marriage and other spheres allowed this people to gradually integrate into the all-imperial state and legal space, while preserving stability, family and religious values.
33
Chaupis Torres, José. "Guerra del Pacífico y construcción de la justicia: los procesos penales en Lima durante la ocupación chilena." Revista de Historia y Geografía, no. 33 (April 14, 2016): 63. http://dx.doi.org/10.29344/07194145.33.365.
Full textAbstract:
ResumenEn los últimos años se han visto incrementados, de manera bastante significativa, los estudios en torno a la Guerra del Pacífico. A pesar de ello la coyuntura de la ocupación de Lima por Chile es un tema que falta investigar, en especial el vinculado a los aspectos de carácter jurídico institucional y la práctica judicial. En una primera parte se buscará indagar sobre el proyecto político de justicia criminal de Chile en Perú, como un Estado que terminó desdoblándose debido a las dificultades que implicaba la administración de una ciudad capital ocupada como Lima. En una segunda parte se estudiará el impacto de estas normativas jurídicas y cómo fueron interpretadas por los diferentes actores sociales, a partir de un estudio deconstructivo de los expedientes judiciales, para comprender la imagen de justicia que emerge desde el mismo sujeto histórico y cómo fueron desarrollando su agencia histórica, en una coyuntura de inevitable convivencia.Palabras clave: Ocupación de Lima; Guerra del Pacífico; justicia criminal; práctica judicial; sistema dualWar of the Pacific and construction of justice: criminal proceedings in Lima during chilean occupationAbstractIn recent years, studies around the War of the Pacific have significantly increased. However, the situation of the Chilean occupation of Lima is an issue of research, especially linked to the institutional aspects of legal and judicial practice. The first part will seek to investigate the political project of criminal justice by Chile in Peru, as a State that ended unfolding due to the difficulties involved in the administration of an occupied capital city as Lima. The second part will study the impact of these legal regulations and how different social actors, from a deconstructive study of court records, interpreted them in order to understand the image of justice that emerges from the same historical subject and how they were developing a historical agency, in a context of unavoidable coexistence.Keywords: Lima occupation; War of the Pacific; criminal justice; judicial practice; dual systemGuerra do Pacífico e construção da justiça: os processos penais em Lima durante a ocupação chilenaResumoNos últimos anos, têm-se avistado o aumento, de forma bastante significativa,dos estudos em torno da Guerra do Pacífico. No entanto, a situação da ocupação de Lima pelo Chile é uma questão que continua a serem investigados, especialmente os relacionados com os aspectos de caráter jurídico institucionale da prática judicial. A primeira parte vai procurar investigar o projeto político da justiça penal de Chile no Peru, como um Estado que terminouse desdobrando devido às dificuldades que implica a administração de uma cidade capital ocupada como Lima. Na segunda parte, a pesquisa vai estudar o impacto destes regulamentos jurídicos e como foram interpretadas pelos diferentes atores sociais, a partir de um estudo deconstrutivo dos expedientes judiciais, para compreender a imagem de justiça que surge a partir do mesmo sujeito histórico e como foram desenvolvendo sua agência histórica, numcontexto de convivência inevitável.Palavras-chave: Ocupação de Lima; Guerra do Pacífico; justiça penal; práticajudicial; sistema dual
34
Park, Ju Hyeong, and Youngsan Goo. "A Study on the Direction of Political Language Education with a Focus on Responsibility." Korean Society of Culture and Convergence 44, no. 10 (October 31, 2022): 41–55. http://dx.doi.org/10.33645/cnc.2022.10.44.10.41.
Full textAbstract:
We examine 'responsibility' as a concept that can be used to introduce political ideas in Korean language education. Specifically, our focus is on how politicians invoke the idea of responsibility in public statements. In modern society, the concept of political responsibility has subtleties that cannot be captured by a simple model based on avoidance of criticism. Therefore, the importance of verbal communication about the ‘quality’ and ‘justice’ of political actions increases. As a result of applying such a theoretical analysis to the political discourse produced in the context of a local election for the educational board, we document factors that lead to expressions of shared responsibility between politicians and their audience. Expressions of shared responsibility were made concerning problematic situations, making promises, and responding to conflicts. Based on this, we recommend that political language education includes a reading activity centered on how people interpret declarations of responsibility based on the context and delivery. The goal of this reading activity is to promote a democratic dialogue concerning political action, which can be applied to the learners’ personal political experience.
35
Issalys, Pierre. "Regards sur le droit administratif suisse." Les Cahiers de droit 19, no. 3 (April 12, 2005): 703–79. http://dx.doi.org/10.7202/042262ar.
Full textAbstract:
Looking at Swiss administrative law from a Quebec perspective, this paper outlines some aspects of the Swiss system that provide useful models or references for the discussion and resolution of current issues in Canadian and Quebec administrative law. These issues are identified as (1) the proliferation of independent administrative agencies, and the means to control or at least systematize the growth of such structures ; (2) the desirability and feasibility of enacting general standards of procedure for administrative action ; (3) the simplification of remedies in the field of judicial review of administrative action ; (4) the desirability and feasibility of allocating judicial review powers to a specialized court, either within or outside the Superior Court ; and (5) the desirability and form of a procedure allowing for political intervention in the decision-making process of independent agencies. In the light of these issues, the paper describes the allocation of review functions between administrative and judicial bodies in Swiss federal law. The structure and activity of the Swiss Federal Court (Tribunal fédéral), and especially of the division of the Court that deals with most administrative law cases, are outlined in some more detail. A short historical sketch leads to a discussion of the corresponding features of the law in some of the cantons, and to consideration of the special position given to social security matters in the general scheme of administrative law. The paper then focusses on administrative action itself, commenting on the most significant provisions in the Federal Administrative Procedure Act (Loi fédérale sur la procédure administrative) of 1968. Special attention is paid to the process of review within the administration, up to the level of the federal cabinet (Conseil fédéral). Corresponding provisions in the law of some of the cantons are also briefly discussed. The description of the federal review process is then completed by an outline of the procedure for judicial review of administrative action by the Federal Court (Recours de droit administrative). Finally, notice is again taken of the special position of social security as regards administrative procedure. The paper draws attention, in its concluding part, to the most interesting insights provided by Swiss law into the current problems of Canadian and Quebec administrative law. The growth of administrative tribunals has been brought under control by structural arrangements, especially in the field of social security. The introduction of general standards of procedure has brought greater uniformity and clarity, has emphasized the unity of administrative process including the review phase before administrative or judicial authorities, and has strenghtened the rule of law over government action. The existence of a single procedure to invoke judicial review eases access to the court. While in many cases review by the court is excluded, these exclusions have to be specific, and leave full opportunity for review within the administration, with adequate safeguards provided by the Administrative Procedure Act. Specialization occurs within the Federal Court, and does not involve a rigid separation between judges applying administrative law and judges applying other branches of the law, as in France or Germany. Finally, ultimate political control over certain types of decisions is admitted as a part of life in Swiss federal law, but is at the same time subjected to a quasi-judicial procedure which makes it an acknowledged source of administrative justice.
36
Nam, Seongil. "A Concept-building of ‘State-likeness’ with Habermas and Dworkin: Do the Legitimacy of Constructing a Legal System and the Integrity of Its Operation in a Country Meet Sufficiently the Civic Request for a State-like State?" Korean Society of Culture and Convergence 44, no. 10 (October 31, 2022): 983–1002. http://dx.doi.org/10.33645/cnc.2022.10.44.10.983.
Full textAbstract:
The purpose of this paper is to conceptualize sustainable development state model by building a ‘state-likeness’ concept. Habermas insists that a state’s legal system is problem of making a right political regime. For him, the state-like concept for sustainable state model comes from legal system’s design and institutionalization. By contrast, Dworkin’s legal system problem is a key whether political community’s function operates smoothly. As being a composition of legitimacy criteria and integrity criteria, the complementary co-attribute principle in a state standard model of state-likeness is inherent in two law philosopher’s concepts with conceiving as law philosophy. Korean ‘state-likeness’ criteria is safety, justice, liberty, happiness. In compliance with criteria, we must constitute and operate a legal system, judge and citizen together fulfill one’s responsibility.
37
Ragimov, Ilgam M. "Nuremberg Trials: the triumph of justice or the trial of the victors? (Reflections on the book by A.N. Savenkov “Nuremberg: A Verdict for name of Peace”." Gosudarstvo i pravo, no. 12 (2022): 7. http://dx.doi.org/10.31857/s102694520023298-8.
Full textAbstract:
The article analyzes historical, geopolitical, legal and other aspects of the organization and conduct of the International Military Tribunal on the basis of the monograph by Corresponding Member of the Russian Academy of Sciences A.N. Savenkov “Nuremberg: A Verdict for name of Peace”. over the main Nazi criminals, the political, legal and moral significance of its results for the further strengthening of peace on Earth and the prevention of global wars, the prevention of crimes against the peace and security of mankind, the development of International Law, etc. are investigated. Based on the results of A.N. Savenkov’s research, the study of archival materials of the Nuremberg Trials and other sources on this issue, the authors believe that: • in the entire history of legal proceedings, there has probably never been a court like the Nuremberg Trials. Its uniqueness lies in the fact that it is the first case in the history of justice (sui generis) when more than 20 high-ranking officials, who were part of the highest political and military leadership of a single aggressor state, found themselves in the dock, guilty of both planning, preparing and unleashing a world war, and committing during it mass crimes against peace and humanity; • the historical value of the International Military Tribunal is also seen in the fact that its results had a huge impact on the course of world history, outlined the basic contours of the new architecture of the post-war world order and world order on Earth, laid the foundations of international criminal justice, etc., and the Tribunal itself became a symbol of the victory of good over evil; • the Nuremberg Trials showed that for crimes against peace, war crimes and crimes against humanity committed during an aggressive war, the victorious States have the right to establish a special court (ad hoc) with universal jurisdiction against the political and military leaders of the defeated State, to determine a list of specific crimes (including those with criminal retroactivity), those under his jurisdiction, to provide for a special procedure for the administration of justice, to establish the types of punishment for the perpetrators and their terms, the order and form of execution of a court sentence, etc.; • the refusal of the founders of the Ministry of Internal Affairs to bring to trial the highest state and military officials of Nazi Germany on the basis of the national laws of the countries on whose territory they committed numerous terrible crimes incompatible with human nature was due to the fact that the norms of criminal legislation of none of these states (as, indeed, International Law of that time) did not they fully covered all the specifics of the objective and subjective properties of many barbaric crimes committed by Nazi criminals against humanity, therefore, it was not possible to talk about this category of monstrous acts that claimed the lives of tens of millions of innocent people as classic forms or types of crimes that infringe on the rights and freedoms of individual citizens or states, even at the level of the institution of analogy in law; • taking into account the irremediable contradictions between the norms of national and International Law, on the one hand, and the essentially unprecedented atrocities committed by Nazi criminals on a massive scale, on the other, the victorious countries in World War II as bearers of supreme power in Germany (due to the loss of its legal personality) on August 8, 1945 we made the only possible decision in the current situation: 1) to establish an open International Military Tribunal with universal jurisdiction for the prosecution and punishment of the main war criminals of the European Axis countries; 2) on the basis of international treaties and agreements, the basic values of natural law, generally recognized principles of Criminal and Criminal Procedure Law, taking into account certain provisions of the Anglo-Saxon and Romano-Germanic legal systems, adopt the Statute of the Ministry of Internal Affairs, the norms of which should: a) determine the powers and procedures of this judicial body; b) contain a criminal definition of the concepts of “criminal organization”, “crime against peace”, “war crime” and “crime against humanity”; c) provide procedural guarantees for the defendants and their defenders; d) to fix the provision according to which the official position of the defendant (be it the head of state or another responsible state official) is not a basis for exemption from liability or mitigation of punishment, etc.; • in the process of working on the Statute of the Ministry of Internal Affairs, the doctrine of due (supervisory) law was widely applied in it, which, unlike what exists, is based on such immanent properties of a person’s spiritual being as justice and freedom of spirit, morality and common sense, etc. The originality of supervisory right is also manifested in the fact that it is free from any whatever the external definitions and directives, it is not burdened with political and ideological dogmas; • by its nature, the Charter of the Nuremberg Tribunal is not a normative legal act in the traditional sense of the term, but a special international prescriptive act with the force of law, adopted on August 8, 1945 by representatives of the heads of government of the USSR, the USA, Great Britain and France in the form of an annex to the London Agreement “On the Prosecution and Punishment of the main War Criminals of European Countries axes”; • in the verdict of the International Military Tribunal, for the first time at the global level, legal entities were recognized as the subject of crimes against peace, war crimes and crimes against humanity – the Elite Guard (SS), the Security Service (SD), the Secret State Police (Gestapo) and the National Socialist Workers’ Party of Germany (NSRPG). At the same time, not all crimes committed by high-ranking officials and institutions of Nazi Germany during the Second World War were reflected or properly assessed in it; • the expectations of the world community from the Nuremberg Trials were only partially justified, since in those years many in the world believed that all Nazi criminals should be put to death without trial. Only the firm position of the USSR and its insistent demands to the allied powers about the need to bring them to trial prevented further extrajudicial reprisals against them; • the International Military Tribunal in Nuremberg cannot be regarded as a “court of victors” over the defeated. It should be perceived as a unique judicial and legal phenomenon in the history of mankind - Transitional Justice at a critical stage in the modern history of mankind.
38
Huh, Koungmi. "A Study on Implications of the UK Special Police System." Korean Society of Culture and Convergence 44, no. 9 (September 30, 2022): 447–63. http://dx.doi.org/10.33645/cnc.2022.9.44.9.447.
Full textAbstract:
The purpose of this study is to find implications by analyzing the UK special police system, which controls the police power by distributing the police authority to various institutions and secures the efficiency and effectiveness of their work. As a result of the study, the following implications of the British special police system were discovered. First, the UK is preventing the concentration of the police power by dispersing the power of the general police to the special police. Second, UK secretaries have a very clear legal basis for special police command and control. Third, the UK is strengthening democracy and accountability by having a committee oversee the operation and guarantee of the special police. Fourth, the UK places great emphasis on partnerships between criminal justice agencies, including local police and special police. Fifth, the UK is improving the work efficiency of local and general police and strengthening the ability to respond to crimes through constant police reform.
39
Hutagalung, Subur, M. Tauchid Noor, and Sri Hartin Jatmikowati. "Land Certification Policy through Complete Systematic Land Registration (PTSL) in Malang Regencyof Indonesia(Study on Policy Implementation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency)." International Journal of Research in Social Science and Humanities 03, no. 08 (2022): 61–75. http://dx.doi.org/10.47505/ijrss.2022.v3.8.9.
Full textAbstract:
The land is a public good that has a high enough economic value because the land provisions and the number of people who need land for activities increases. This is the basis for national and international regulations that justify the need for the presence of a government that has the power to regulate and limit the absolute freedom of use of property rights by legal persons with the status of citizens. The existence of the state in regulating land ownership is the basis for legal certainty in regulating justice in society. The State's authority to be present in land affairs is regulated by Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (Article 19) which states to ensure legal certainty by the Government through registration including: first, measurement, mapping and land bookkeeping; second, the registration of land rights and the transfer of these rights; and third, the issuance of letters of proof of ownership rights. in the legal principle of the law above, it is explained through Government Regulation Number 24 of 1997 concerning Land Registration, explains the purpose and use of land registration as legal certainty for land rights holders and is explained in more detail through the regulation of the State Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 2018 concerning Complete Systematic Land Registration of PTSL as the embodiment of Agrarian Reform. One of the districts that implement the PTSL Program is the Malang district with the Perbup Kab. Malang number 14 of 2018 which regulates the financing of the Complete Systematic Land Registration Preparation Charged to the Community with a 2018 target of a quota of 62,000 (sixty-two thousand) fields spread over 15 (fifteen) Districts and 23 (twenty-three) Villages that become The formulation of the research problem is to study the implementation of PTSL policies, the supporting and inhibiting factors of the program and the implementation model of land administration policies as land reform through the PTSL program. The theory in this study focuses on the public policy process with an approach to implementing public policy in the continental state system to explain government actions that have a set of authoritative value authority in political, legal and financial aspects as the government s response to a series of utilitarian alternatives in solving community problems that have the potential for conflict. contradictions of various procedures, actors and substantive social problems, the government must have ethical awareness to create maximum happiness and minimize suffering and injustice in society. This research uses a descriptive qualitative approach as a naturalistic approach that collects secondary and primary data types with the data sources in this study being research informants, events, and documents and using triangulation techniques as a combination methodological technique to understand a phenomenon holistically. From the results of the study, it was found that several phenomena regarding the implementation of land certificate policies through the PTSL program in the Malang Regency had been regulated through the Regency Perbup. Malang number 14 of 2018 as a massive PTSL technical implementation in the Malang Regency with a fairly large target in 2021 with a target of 97,225 plots of land this is a form of Good Government and Public Relations (HAM). In the implementation of the PTSL stage, it was in accordance with applicable procedures and rules as well as physical and juridical requirements with the implementation involving village officials as a technical team. Various villages have differences in the estimation of PTSL financing, but the case model is relatively the same, namely the lack of budget because many. Activities are outside the plan and lead to corporate, the applicant's physical evidence is mostly in the form of letter C and the lack of data collection on changes in land status in the village ledger. the delay in the completion of the PTSL field officer could potentially lead to horizontal conflicts and the risk of a lawsuit over the certificate of ownership of the PTSL program. Such problems need to change the PTSL mechanism that applies the value of utilitarianism such as the adjustment of field officers to the location of the PTSL program, sharing of community financing, village governments, and local governments. the delay in the completion of the PTSL field officer could potentially lead to horizontal conflicts and the risk of a lawsuit over the certificate of ownership of the PTSL program. Such problems need to change the PTSL mechanism that applies the value of utilitarianism such as the adjustment of field officers to the location of the PTSL program, sharing of community financing, village governments, and local governments. the delay in the completion of the PTSL field officer could potentially lead to horizontal conflicts and the risk of a lawsuit over the certificate of ownership of the PTSL program. Such problems need to change the PTSL mechanism that applies the value of utilitarianism such as the adjustment of field officers to the location of the PTSL program, sharing of community financing, village governments, and local governments.
40
Martínez-Pujalte, Antonio Luis. "La participación de las personas con discapacidad en la institución del Jurado. A propósito de la Ley Orgánica 1/2017, de 13 de diciembre // The participation of persons with disabilities in the Institution of the Jury. Some considerations regarding Organic Law 1/2017, of December 13th." Revista de Derecho Político 1, no. 103 (December 16, 2018): 331. http://dx.doi.org/10.5944/rdp.103.2018.23205.
Full textAbstract:
Resumen:Hasta fecha muy reciente, las personas con discapacidad han estado excluidas en España de la participación en la Administración de justicia a través de la institución del jurado que prevé el artículo 125 de la Constitución, pues el artículo 8 de la Ley Orgánica del Tribunal del Jurado establecía como requisitos para ser jurado «encontrarse en el pleno ejercicio de sus derechos políticos» (apartado segundo), lo que excluye a las personas con discapacidad intelectual o psicosocial que hayan sido privadas de su derecho de sufragio por resolución judicial conforme a lo previsto en la legislación electoral, así como «no estar impedido física, psíquica o sensorialmente para el desempeño de la función de Jurado» (apartado quinto). Esta exclusión era consecuencia del modelo médico de la discapacidad, bajo cuya vigencia se pensaba que la supuesta falta de aptitud para el ejercicio de un derecho debía suponer su restricción, sin considerar la posibilidad de arbitrar medios que paliasen esa falta de aptitud. La aprobación de la Convención Internacional sobre los Derechos de las Personas con Discapacidad, cuyo artículo 13 exige garantizar a las personas con discapacidad la posibilidad de desempeñar sus funciones en los procesos judiciales, hizo patente la necesidad de revisar esta regulación, habiéndose planteado en los últimos años diversas propuestas de reforma legislativa, que han desembocado finalmente en la aprobación de la Ley Orgánica 1/2017, de 13 de diciembre. Esta Ley mantiene como requisito para ser jurado el pleno ejercicio de los derechos políticos, pero ha modificado sustancialmente el apartado quinto del artículo 8 de la Ley Orgánica del Tribunal del Jurado, que hoy establece como requisito para ser jurado «contar con la aptitud suficiente», añadiendo a continuación que las personas con discapacidad no podrán ser excluidas por esta circunstancia, y que se les deberán prestar los apoyos y ajustes necesarios para que puedan ejercer sus funciones. Así pues, el presente estudio se detiene en el análisis de ambos incisos del nuevo artículo 8.5. Por lo que se refiere al primero de ellos, se pone de relieve que no puede requerirse para ser jurado capacidad intelectual o cognoscitiva alguna distinta de la lectoescritura, exigida también por el artículo 8, si bien se añade, como aptitud necesaria para ejercer la función de jurado, la capacidad de prestar atención durante un período prolongado de tiempo, cuya carencia puede darse en personas con y sin discapacidad. Por otro lado, se examinan cuáles son los ajustes razonables que habrían de asignarse a las personas con discapacidad que fueran designadas jurados, analizando particularmente los problemas que plantean aquellos que consistan en la asistencia de una tercera persona, que podrían poner en cuestión aspectos esenciales del funcionamiento del jurado como el secreto o la imparcialidad.Summary:1. Preface. 2. The original wording of section 8, paragraph 5, of the Organic Law on the Court of the Jury. 3. Study of the legal reform. 3.1. The capacity to be juror. 3.2. The supports and reasonable accommodations for persons with disabilities. 4. Conclusions.Abstract:Persons with disabilities have been until now excluded in Spain from the participation in Administration of Justice through the institution of the jury foreseen in Section 125 of the Constitution. Section 8 of the Organic Law on the Court of the Jury established in fact as requirements to be juror «to be in the full exercise of the political rights» (paragraph two), which excludes people with intellectual or psychosocial disabilities who have been deprived of their right to vote by judicial decision as provided in the electoral legislation, as well as «not having physical, psychical o sensory impairments for the performance of the function as juror» (paragraph five). This exclusion was a result of the medical model of disability, which saw as the only solution to the supposed lack of aptitude for the exercise of a right the restriction of it, without considering the possibility of arbitrating means to improve such aptitude. The adoption of the Convention on the Rights of Persons with Disabilities, Article 13 of which requires facilitating persons with disabilities the possibility to fulfill their roles in legal proceedings, made clear that it was necessary to revise this legislation, and in recent years different proposals have been raised, which finally led to the approval of Organic Law 1/2017, of December 13th. This Law maintains the full exercise of political rights as a requirement to be a juror, but has substantially modified Section 8 paragraph 5 of the Organic Law on the Court of the Jury, which today establishes as a condition to be juror «to have sufficient aptitude», adding that persons with disabilities can not be excluded because of this circumstance, and that they must be provided with the necessary supports and reasonable adjustments so that they can exercise their functions. Therefore, the present study analyses both sentences of the new Section 8.5. Regarding thefirst one, it is emphasized that no intellectual or cognitive capacity other than literacy —which is also required by article 8— may be demanded to be juror; however, the ability to pay attention during a long period of time, whose lack can occur in people with and without disabilities, could also be considered as a necessary skill to perform the function of juror, included in the «sufficient aptitude» mentioned by Section 8. On the other hand, the reasonable adjustments that should be assigned to persons with disabilities who are appointed as jurors are examined, analyzing in particular the problems raised by those which involve the assistance of a third person, that could put at risk essential aspects of the functioning of juries as secrecy or impartiality.
41
Rosendal, Tove, and Jean de Dieu Amini Ngabonziza. "Amid signs of change: language policy, ideology and power in the linguistic landscape of urban Rwanda." Language Policy, April 19, 2022. http://dx.doi.org/10.1007/s10993-022-09624-5.
Full textAbstract:
AbstractIn this paper we explore the nexus of language policy, ideology and power in the linguistic landscape of urban Rwanda. In post-genocide Rwanda, English has been promoted and gained status. This has led to an increased usage of English on shop signs in the streets of Kigali and other towns in Rwanda at the expense of both French and Kinyarwanda. Unique quantitative language data documented in streets before 2008 are in this study compared to data collected in 2018, in the same streets. This forms the background for analysis of official discourse, targeting language policy changes, especially after the 2008 decision to appoint English as the language of administration as well as the medium of instruction throughout the educational system from grade 1 on. This decision was made despite the fact that Rwanda has a national language, Kinyarwanda, known by 99.4 per cent of the population. The analysis shows that political aspects of language policy decisions are downplayed. Officially, both discursively and in practice, the Rwandan government, that is the English speaking elite in power, legitimize their decisions by pretending that imposing English is an inevitable, pragmatic and rational measure for economic development. This narrative reveals ideas about inherent qualities of specific languages while simultaneously discarding others. Additionally, in public discourse all four official languages are equal. Reality is different. In a society where the status language is only acquired through education and used as medium of instruction, power differences and socioeconomic inequalities are neglected and obscured.
42
Arnold, Stephanie. "Drivers and Barriers of Digital Market Integration in East Africa: A Case Study of Rwanda and Tanzania." Politics and Governance 10, no. 2 (April 1, 2022). http://dx.doi.org/10.17645/pag.v10i2.4922.
Full textAbstract:
Digital development has become a firm pillar in the national development strategies of many countries in the Global South. Although the geopolitical competition over ICTs leveraged their diplomatic and economic relevance in the international sphere, developing countries remain in a subordinate position in global power relations. However, while they could collectively improve their standing by uniting behind an integrated digital market, national governments in the East African Community are reluctant to implement a single digital market, leading us to inquire: What constrains digital market integration in East Africa? This article compares Rwanda and Tanzania, two relatively digitally mature but less developed countries in Sub-Saharan Africa, whereas one is a small landlocked country and the other a larger emerging economy. Following the classification of Hout and Salih, material, ideational, political, and external aspects affect a nation’s enthusiasm for regional initiatives. By examining factors related to domestic politics and political economy, this article finds that material and political factors encourage digital regionalism in Rwanda but discourage it in Tanzania; ideational factors contribute to national rather than regional unity in both countries. Yet, external factors linked to EU foreign policy and developmental cooperation seem to lead current regional projects. Therefore, this article concludes that drivers of African regionalism may turn into barriers depending on the domestic political and economic circumstances while digital market integration is currently driven by foreign players. More generally, the study contributes to the debate on African agency in ICT for development and developing countries’ capacity to overcome traditional dependency structures.
43
Pulatov, Azizkhon. "THE HISTORY OF CRIMINAL PROCEEDINGS IN UZBEKISTAN." EPRA International Journal of Research & Development (IJRD), April 16, 2020, 160–64. http://dx.doi.org/10.36713/epra4269.
Full textAbstract:
The article covers the development of the institution of the provision of the witness's rights and lawful interests, the usual problems arising under the current legislation. In recent history of Uzbekistan there were several legal monuments which regulating relations in the criminal justice system, they play a special role in the administration of justice in the country. Their historical significance has served to promote public awareness of world-class procedural and legal institutions and the formation of perceptions in the field of justice and criminal practice as well as law enforcement practice. The existing legal sources in criminal law were the laws prepared and put into practice by the Bolshevik political ideology that came to the cause of the government coup in the Russian Empire in the 17th century. In general, during the Soviet period, criminal procedure codes were received and practiced four times in the area of Uzbekistan. The author reveals the criminal procedure aspects that directly influence the protection of the witness's rights and lawful interests. KEY WORDS: history, witness, rights and duties, status, institute, features, practice, national and foreign experience, criminal process, formation, analysis.
44
KHOTYNSKA-NOR, Oksana, and Iryna IZAROVA. "To reach sustainable justice with Millennials: example of Ukraine." Juridical Tribune 12, no. 4 (January 3, 2023). http://dx.doi.org/10.24818/tbj/2022/12/4.02.
Full textAbstract:
Sustainable development became an essential part of our world since we realized the fragility and limits of our system, dangerous of resource exhaustion, and insistently looking for the way to stabilyze our life and life of our descendents, to restrict risks of collapses. Last years’ catastrophes – the pandemic of COVID-19 and the war in Ukraine, both are still existed, show us undoubtedly that we have to be more careful using our resources and develop our relations in economics and politics. In this article authors made an attempt to reconsider the approaches to understanding judiciary in Ukraine, using the new coordinates – generation born since 1980 till 1996 so called Millennials (generation Y), dictating new requests to life, and, in our opinion, to justice and judiciary development. Analysis of the impact of Millennials (generation Y) on the development of the judicial system is a complex process for a number of reasons. First, the lack of formal information about the age of the parties makes it impossible to substantiate the conclusions with empirical data. Secondly, despite some generalized traits, the characteristics of Millennials differ depending on the region and country of origin, which determines their economic, social, political, and cultural differences A striking example of this are the ex-Soviet Union’s states. In majority of these countries, Millennials have become the first generation sufficiently aware of their rights, the legal ways to protect them and the role of the court as an effective tool for such protection. Their formation was accompanied by the changes in ideology, political regime and economic instability. In this article authors argue how Millennials change the judiciary in the ex-Soviet society, taking into account the specifics of the latter. The study suggests two interrelated aspects: the impact of Millennials on the development of the court as consumers of judicial services; the impact of Millennials, who come to work in the judicial system, as judges. The article substantiates the necessity of modernization of the courts, which is associated with the high technology of this generation and its vital need for information, as well as their consumerization aimed to create more sustainability justice and to answer the request of Millennials by changes of goals, by limits of expenses and by introducing the culture of peaceful and strong institutions in judiciary.
45
"New Methodologies on the Improvement of Public Administration in Uzbekistan." International Journal of Recent Technology and Engineering 8, no. 3S (October 22, 2019): 412–16. http://dx.doi.org/10.35940/ijrte.c1087.1083s19.
Full textAbstract:
This article discusses the concept of public administration, its features: the problem of state and municipal government. The fundamental and modern technologies of social management are analyzed. The theoretical and important aspects of the development of public administration are revealed. The author substantiates the development of a program to ensure an effective dialogue with the people as a means of implementing the principles of humanism and measures for the implementation of topical government tasks put forward in five directions of the development strategies of the Republic of Uzbekistan The requirement of the head of state that “not the people serve the state bodies, but the state bodies must serve the people” will require in society stability of the principle of social justice, ensuring equality of all before the law, achieving the rule of law, analyzes the needs of parliament for talented, ambitious, competent representatives of parliament. Uzbekistan is in the process of reforming all spheres of public life, there are fundamental changes in the minds of citizens, democratic forms the formation of society - a simplified order of relations between people and society, a citizen and a state. There is a social and political activity in the country. In such conditions, rapid reforms of public administration, introduction of new approaches and tendencies to management based on the use of wide possibilities of information technologies are important. The article considers that if administrative staff representing the interests of civil society, first of all, understand the personal, general and specific historical and socio-political situation of the entire population of the country, and the state and society are nationalized, this can be viewed as a sufficient form of an open society, impartiality truthfulness and timeliness to meet the needs of people.
46
Wilkinson, Dean, Jayne Price, and Charlene Crossley. "Developing creative methodologies: using lyric writing to capture young peoples’ experiences of the youth offending services during the COVID-19 pandemic." Journal of Criminological Research, Policy and Practice, April 12, 2022. http://dx.doi.org/10.1108/jcrpp-10-2021-0059.
Full textAbstract:
Purpose The COVID-19 lockdowns (2020–2021) disrupted all aspects of usual functioning of the criminal justice system, the outcomes and impact of which are largely still unknown. The pandemic has affected individuals across the wider society, this includes a negative impact on the social circumstances of children and young people involved within youth offending services (YOS) (Her Majesty’s Inspectorate of Probation, 2020; Criminal Justice Joint Inspectorates, 2021). This population frequently represents those from marginalised circumstances and are rarely given the opportunity to participate meaningfully in the services they are involved in. The purpose of this study was to explore the experiences of the young people serving orders with the YOS during Covid19 lockdowns and requirements. Design/methodology/approach This paper outlines a creative methodology and method used to uncover the experiences and perceptions of young people undergoing an order within a YOS during the COVID-19 lockdowns. The arts-based approach entailed a novel and creative method using a lyric artist to engage with young people through a virtual platform, supporting them to create lyrics about their experiences of the YOS during this time. Findings The artist developed a successful rapport with young people based on familiarity with, and passion for, music. He promoted their strengths, improving their confidence which was perceived to elicit more in-depth perspectives that might not have otherwise been obtained using more traditional methods. As such, the method and methodology outlined developed the young people’s social and communicative skills whilst producing meaningful feedback that can contribute to the YOS recovery plan and thus future of the service. Practical implications This paper reports on a novel arts-based research methodology, implemented to capture meaningful data from participants during the COVID-19 pandemic. Originality/value This paper reports on a novel arts-based research methodology, implemented to capture meaningful data from participants during the COVID-19 pandemic.
47
Gupta, Nikhil K. "Ruptures and resurgences: Marking the spatiality of transgender identity in India since the enactment of Transgender Persons Act 2019." Frontiers in Political Science 4 (December 12, 2022). http://dx.doi.org/10.3389/fpos.2022.963033.
Full textAbstract:
Transgender groups in India constitute an indigenous community with a rich and vivid culture and history. However, it is unfortunate that under the hegemonic influence of heteronormative traditions, the democratic inclusion and accommodation of transgender groups could never take place. This exclusion and neglect have recently been challenged through the activism of several groups, which has given rise to a new chapter in the democratic unfolding in India. This article attempts to evaluate the social activism of transgender groups on two planes. One plane attempts to evaluate it in terms of the uniqueness of an indigenous social movement and the areas that distinguish it from other social movements. It is interesting to note that what started as a purely identity-based social movement has now acquired dimensions of redistributive justice. The second plane attempts to evaluate the social activism of transgender groups in terms of the achievements and advances made by the movement on the social and political fronts. This evaluation is necessary in order to appraise the trajectory of the politics of transgender groups, which could foretell the direction of the activism and help in understanding the future scope and direction. The article takes up three arguments in the context of the legal framework put in effect by the state. The first point of discussion is the effectiveness of the transgender ID provided by the Transgender Persons Act and the possible challenges and loopholes related to it. While the state provides legal recognition through the issuance of the transgender ID card, it only remains a symbolic marker as the de facto identity remains unchanged, unless changed by the person themselves. The second point of discussion is the emerging rift amongst transgender groups with respect to the reforms introduced recently. This rift has a tendency to pull in the opposite direction, causing tensions. The final aspect of my discussion relates to the subsequent challenges that emerge from the legal recognition of transgender persons. These challenges touch upon the various aspects of legal, political, social, and economic policymaking and are inevitable for understanding the concerns of transgender persons in India.
48
Moradi, Yousef, Marzieh Mahboobi, and Ghobad Moradi. "Health-related needs and barriers in transgender populations: a systematic review study." International Journal of Human Rights in Healthcare ahead-of-print, ahead-of-print (September 3, 2021). http://dx.doi.org/10.1108/ijhrh-04-2020-0026.
Full textAbstract:
Purpose Identifying the health-related needs in transgender (TG) people can help to formulate strategies for providing appropriate and accessible health services and promoting health and social justice, as well as human rights in these populations. This systematic review aims to determine health-related needs, problems and barriers, as well as ways to solve them in TG people from the viewpoint of TG individuals and health policymakers. Design/methodology/approach All international electronic databases such as PubMed (Medline), Embase, CINAHL, Scopus, Web of Sciences, Cochrane, PsycInfo and Google Scholar (Gray Literature) were searched from December 1990 to December 2019. After the search, the articles were screened based on their title, abstract and full text. The quality of articles was assessed using the Strengthening the reporting of observational studies in epidemiology (STROBE), Consolidated Standards of Reporting Trials (CONSORT) and Standards for Reporting Qualitative Research (SRQR) checklists. The search strategy, data extraction and quality evaluation of articles were independently performed by two researchers. Findings The general health-related needs identified in TG individuals from the viewpoint of themselves included access to legal hormone therapy, psychological and psychiatric counseling, privacy, health and hygiene needs, equality and freedom of expression. General health-related needs in TG individuals from the viewpoint of health policymakers included screening tests to detect sexually transmitted diseases, especially HIV, cancers and other diseases, as well as training service providers (physicians, nurses, health workers, etc.). Research limitations/implications One of the limitations of this study was nonreporting of health-related needs in initial articles by different TG groups because these groups have had different needs and different barriers to accessing health-care services. In this study, health-related needs and barriers to satisfy them were categorized from the viewpoint of TG populations and health policymakers around the world, which may influence future decisions to provide services to TG populations. The results of this systematic review can help to develop different strategies by considering all TGs from individual, family and social aspects to better provide services for this group. However, given the dynamics and changes in the existing communities and the limited studies on gender minorities in developing countries, further research is required to comprehensively address the subject. Originality/value The findings can be used as an incentive to improve existing conditions and to address problems and shortcomings. The results of this systematic review formulate strategies for providing appropriate and accessible health services and better lives for TGs, planning for more effective participation of these individuals in local communities, improving their physical problems and mental health through counseling, as well as promoting health and social justice, and human rights for these populations.
49
Yushchenko, M. "Georgia’s experience in the field of state registration of acts of civil law and the possibility of its use in Ukraine." Efficiency of public administration, no. 65 (March 17, 2021). http://dx.doi.org/10.33990/2070-4011.65.2020.226471.
Full textAbstract:
Problem setting. One of the most common administrative services in Ukraine is the registration of civil status acts, including registration of births and deaths, marriages and divorces, name change of an individual, etc. The focus on the introduction of the service model of the state, which is gradually being implemented in Ukraine, has significantly affected the system of providing administrative services in the field of registration of civil status acts. However, according to numerous surveys, the depth and pace of relevant changes do not fully meet the expectations of the citizens. Of particular importance for the transition to a new model of administrative services in the field of civil registration is the experience of post-Soviet countries, in particular Georgia, which has a similar heritage to Ukraine and accordingly, in the development process, had to solve similar problems. While studying the experience of Georgia, it is also necessary to avoid certain negative aspects that Ukraine may face in the process of reforming this area. Recent research and publications analysis. A large number of studies by specialists in public administration, law, political science, namely: O. Bukhanevich, Y. Danshina, O. Karpenko, I. Koliushko, A. Lipentsev, V. Soroko, V. Tymoschuk, V. Telitska, N. Vasilieva, O. Turkova, is devoted to the problem of organization of administrative services in other countries At the same time, the study of foreign experience in providing administrative services in the field of registration of civil status is insufficiently studied in domestic management science, although scientific interest in these problems is quite high. Highlighting previously unsettled parts of the general problem. In order to improve the quality of administrative services in the field of DRACS, it is advisable to study the experience of Georgia in creating an effective system of administrative services in the field of civil registration and develop general recommendations for implementing this experience in Ukrainian public administration. Paper main body.The reform of the system of providing administrative services in Ukraine, including the field of registration of civil status acts, is largely based on the experience of Georgia. Among the many reforms and innovative projects successfully implemented by the Ministry of Justice of Georgia, the House of Justice has a special place. It is a transparent, open, continuous modern structure that offers citizens fast, simplified and subject-oriented services. There are more than 300 services combined, 400 operators work at the same time, the maximum capacity of the service center is 15,000 people a day. The main principle of the House of Justice is that everything is in one place, all structural subdivisions that provide services to consumers are located under one roof. The reform of the civil registry began in 2004, when the Passport Office, the Citizens’ Registration Office, and the Civil Registry Office were merged under the auspices of the Georgian Ministry of Justice. In 2006, a new semi-autonomous Civil Registry Agency was established. A feature of the system of registration of civil status in Georgia is the granting of some powers to notaries. The notary has the right to register marriage and divorce and to issue certificates of civil registration. The structure and organization of the providing of services in the field of registration of civil status creates a “front office” (customer service area) and a “back office” (area for employees of supermarkets). In addition, AGR began to offer new types of services. The agency initiated the improvement of services in the Wedding Houses. It upgraded infrastructure and built new wedding houses in district centers. Various services were provided for the marriage ceremony, such as live music, photographs at the request of citizens, and so on. The divorce procedure in Georgia is also much simpler. In the absence of disputes, it is envisaged to issue a divorce certificate on the 6th day after filing for divorce, not a month later as in Ukraine. Public service reform in Georgia has been neither easy nor simple process. The development led to the opening of Public Service Centers, known as the House of Justice, at the regional level and Community Centers at the community level. Conclusions of the research and prospects for further studies.The analysis of the Georgian experience in the providing of administrative services allows us to conclude that the provision of state services in Georgia and Ukraine differ in content and purpose of their operation. As a rule, the system of providing public services is aimed at properly ensuring the level of social guarantees in society. In world practice, there is openness and transparency between the state and citizens in the provision of public services, and in Ukraine, we do not see the effective interaction between consumers and service providers yet. In addition, it was found that the world practice, on the example of Georgia, is usually focused on the quality of administrative services in the shortest possible time and at the lowest cost, while in Ukraine the filling of the state budget remains a priority. Thus, the experience of Georgia is quite useful for Ukraine in the process of choosing the optimal form of organization of administrative services in the field of registration of civil status.
50
Sirenko, Kristina, Alexander Lyubich, and Alla Popruzhna. "STRATEGIC MANAGEMENT OF BODIES AND INSTITUTIONS OF PENALTIES." Eastern Europe: economy, business and management, no. 2(35) (2022). http://dx.doi.org/10.32782/easterneurope.35-10.
Full textAbstract:
The management of penitentiary institutions is a complex and multifaceted activity that contains a large number of different elements (subject and object of management; methods and measures by which such management is carried out), and therefore can be considered as a systemic phenomenon structural filling. Thus, today it is important to study the main aspects of improving the strategic management of penitentiary institutions, which will positively affect both the improvement of these state structures and the effectiveness of administrative and legal support for the implementation of state policy of the penitentiary system. The purpose of the study is to identify ways to improve the strategic management of penitentiary institutions. Management of penitentiary bodies and institutions is a kind of social public administration, which consists in the purposeful action of the subject of management on certain objects (convicts, employees; bodies, their structural units; social processes) in order to correct and re-educate persons, serving a court sentence. Management is carried out using various methods and operations that are performed sequentially; their combination forms a management process that is cyclical, improving the efficiency of institutions involves measures aimed at forming the managerial competence of heads of bodies and institutions. he effectiveness of basic management processes (planning, organization and control) depends on the psychological climate. Favorable psychological climate allows the manager to provide a more thorough understanding of the main goals of employees, rapid mobilization of the team for their implementation and implementation of reporting. At present, there is virtually no normative legal act, the provisions of which would determine specific areas for improving the strategic management of penitentiary bodies and institutions, as well as specific measures aimed at implementing such areas. In 2021, the Ministry of Justice of Ukraine developed a draft Strategy for Reforming the Penitentiary System until 2026. This is a systemic strategic document, which provides a real course for changes in the penitentiary system and a specific plan for implementing such changes. Practical significance of research results. The effectiveness of management is largely determined by moral norms, the influence of socio-economic and political factors, the system of relationships in the team, leadership style, as well as personal traits of the head of the body or institution.