Academic literature on the topic 'Law Revision and Bill Drafting Commission'
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Journal articles on the topic "Law Revision and Bill Drafting Commission"
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Hutabarat, Binsar Antoni. "EVALUASI TERHADAP RUMUSAN RANCANGAN UNDANG-UNDANG PESANTREN DAN PENDIDIKAN KEAGAMAAN." Societas Dei: Jurnal Agama dan Masyarakat 5, no. 2 (December 5, 2018): 130. http://dx.doi.org/10.33550/sd.v5i2.87.
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ABSTRACT: This article entitled, “Evaluation to the Formulation of the Bill on Islamic Boarding School and Religious Education” focuses on the evaluation to the formation process and the material of the Bill on Pesantren (Islamic Boarding School) and Religious Education. The instrument used is the Law of Regulation on Drafting the Law No. 12 of 2011 on Establishment of Laws and Regulations as well as the Ministerial Regulation from the State Minister for State Apparatus Reform No.: Per/04/M.PAN/4/2007 about General Guidance on Formulation, Implementation, Work Evaluation, and Revision of Public Policy in Central and Regional Government Institutions especially in relation with the principle of public policy formulation. This study finds that the Bill on Pesantren and Religious Education is elitist and has not fulfilled the requirement of policy formulation in democratic model. And the material of the Bill on Pesantren and Religious Education as an alternative policy has not fulfilled the principle of justice and diversity as decreed in the Regulation on Drafting the Law. The writer’s recommendation is that the proposed Bill on Pesantren and Religious Education as an alternative policy needs to be cancelled. KEYWORDS: public policy, pesantren (Islamic boarding school), religious education, policy evaluation
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Davies, Mitchell C. "Consent after the House of Lords: Taking and leading astray the Law of Theft." Legal Studies 13, no. 3 (November 1993): 308–22. http://dx.doi.org/10.1111/j.1748-121x.1993.tb00488.x.
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The objectives of the Criminal Law Revision Committee when drafting the radical reforms proposed by the 1966 Theft Bill were described by a contemporary commentator2 as being: ‘. . . to do away with the more embarrassing and restrictive technicalities of the existing law . . .’In the same place it was observed that the Committee faced a choice between creating a specific definition of the various theft offences and their elements, or one whose generality would allow it to evolve to meet the challenges presented by ever more complex and sophisticated dishonest dealing.
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Anastasiia, Ivanova. "Law on National Personal Autonomy as part of the Сonstitution of Ukrainian People’s Republic: history of creation : on history of creation." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 144–52. http://dx.doi.org/10.33663/0869-2491-2020-31-144-152.
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Introduction. The article reconstructs the process of drafting the law of UPR "On National-Personal Autonomy" as part of the Constitution of UNR in 1918. The history of drafting the text of the bill, its discussion and adoption is considered. Particular attention is paid to the authorship of the law on national and personal autonomy prepared by a special commission of the Vice-Secretariat of Jewish Affairs, composed of M. Zilberfarb, I. Ya. Khurgin and M. Shats-Anin. The aim of the article is to reconstruct the history of the preparation of the law on national-personal autonomy. The author regards it as part of the Constitution of UNR. The author argues that the authorship of the law, and, this part of the Constitution of UNR, belongs to a separate commission consisting of representatives of the vice secretary for Jewish affairs chaired by Moses Zilberfarb. Methods and results. The process of drafting the law, as well as its subsequent discussion and adoption, are discussed in detail. The most painful issues were the scope of the powers of the National Union and their right to collect taxes with a corresponding narrowing of the tax capacity of the state. The draft law was first considered by the Jewish National Council, then on December 19, 1917, by the General Secretariat. The Ukrainian Central Rada began considering the law on December 30, 1917, continued on January 2, 1918, and finally adopted it on January 9, 1918. Despite the fact that some points of the law caused controversy between the factions, and some memoir sources mention the extremely negative perception of the members of the Central Election Commission represented at the session of the law at the level of the idea of national and personal autonomy, while voting on the law as a whole there was “no dissent” or “abstained”. Conclusions. Such an approach allows to deepen the traditional interpretation of the law on national-personal autonomy as a testimony to the liberality of national policy of the Central Rada. The experience of drafting a law on national personal autonomy and its subsequent discussion and adoption demonstrates a successful combination of a deep professional approach and political thinking, an active position in the defense of their own interests - by Jewish politicians, and state thinking, the ability to compromise, uphold national state priorities through the involvement of national minorities as "allies" – by pro-Ukrainian politicians. This combination is evidenced by the existence of a significant influence of the Jewish factor on the development of the legal system of the young Ukrainian republic. Along with the obvious dependence of Ukrainian Jewry on the decisions of the Ukrainian government, there is every reason to argue that there has been a noticeable reverse influence of Jewish politicians on Ukrainian law, and ultimately about the mutual influence of Ukrainian and Jewish factors in Ukrainian lawmaking 1917–1918.
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Aygün, Erhan. "The Development of Asylum Law in Turkey Within the Framework of the European Union's Harmonization Process." Köz-gazdaság 17, no. 2 (August 2, 2022): 259–69. http://dx.doi.org/10.14267/retp2022.02.14.
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The impact of the European Union (EU) on international policy in Turkey is already regarded as minimal because of the absence of genuine membership prospects. Nevertheless, the approval by Turkey of the asylum laws in the past that fulfills virtually all of the EU's requirements speaks to the continued impact of the EU throughout this policy position. Most of our web-based study's academic scholars believed EU membership to be a key element in the passage of the bill. The conversations with Turkish State officials, as well as the European Commission, show how the EU affected the drafting process. This study discusses the influence and development of Europeanization on policy structures in Turkey within the asylum and refugee policy framework. It looks at the effect of Europeanization on the transition of Turkish pre-accession to the EU. Also, it explores how Turkey carries out its duties at the policy level in relation to an international refugee protection framework as well as asylum seekers harmonization.
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Muslimin, JM, and Novita Akria Putri. "Politico-Legal Review of the Revised-Bill of the Corruption Eradication Commission and Omnibus Law." Jurnal Media Hukum 28, no. 2 (December 31, 2021): 165–83. http://dx.doi.org/10.18196/jmh.v28i2.11403.
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The paper aims to prove that political compromise may create legal antagonisms, paradoxes and strengthen the influence of elite-oligarchy. The paper is based on the theory that the concept of consensus in the context of the political system is closely related to the Indonesian cultural democracy. However, in the implementation, there is an underlying principle of checks and balances as a systemic guarantee, so that democracy is not merely a tool of ‘killing ground of freedom’ to manipulate the essence of democracy itself, in particular, by the dominant forces of the elite and the oligarchy. Through the socio-historical method (empirical approach), this paper examined the emergence of the phenomenon of antagonism and paradox of regulatory formulation, such as the revision of the Bill for Eradicating Corruption which weakens anti-corruption institutions, Corruption Eradication Commission, to the creation of Omnibus Law, which is considered to make labors structurally marginalized. The investigation discovered that those legal products are distorted and should be originally created to achieve the benefit and interest of society at large. In contrast, they are falsified and manipulated under the banner of ‘consensus’ democracy steered by the limited elite-oligarchy of the Political Parties.
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Deni Rofiqi, Ahmad, and Sholikul Hadi. "ANALISIS YURIDIS PUTUSAN MK NOMOR 79/PUU-XVII/2019 TENTANG REVISI KEDUA UNDANG-UNDANG KPK." Constitution Journal 2, no. 1 (June 1, 2023): 85–108. http://dx.doi.org/10.35719/constitution.v2i1.54.
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The Constitutional Court as the guardian of constitution is responsible for the implementation of fair national life as mandated by the 1945 Constitution of the Republic of Indonesia. As in the controversy over the second revision of the Corruption Eradication Commission Law, the Constitutional Court needs to be present to guarantee the process of drafting, discussing and ratifying a law to know whether it has complied with the constitution or not. Thus, the mandate given to the Corruption Eradication Commission can be carried out in a directed manner based on the laws of eradicating corruption in Indonesia. The study applied normative juridical research methods with statute approach, historical approach, conceptual approach, analytical approach and philosophical approach. The research findings showed that the Constitutional Judge's Decision which stated that the appellants’ arguments were groundless according to law could not be justified and the Corruption Eradication Commission was weakened through this second revision of law Keywords: Weakened, KPK, Constitutional Court Decision.. Mahkamah Konstitusi sebagai the guardian of constitution bertanggungjawab atas terselenggaranya kehidupan bernegara yang berkeadilan sebagaimana amanah Undang-Undang Dasar Negara Republik Indonesia 1945. Seperti dalam kontroversi revisi kedua Undang-Undang KPK, Mahkamah Konstitusi perlu hadir untuk menjamin proses penyusunan, pembahasan dan pengesahan suatu undang-undang telah sesuai dengan konstitusi. Sehingga, mandat yang diberikan kepada Komisi Pemberantasan Korupsi dapat dijalankan secara terarah berdasarkan undang-undang yang telah diatur untuk memberantas korupsi di Indonesia. Menggunakan metode penelitian yuridis normative dengan pendekatan undang-undangan (statute approach), pendekatan kasus (case approach), pendekatan historis (historical approach), pendekatan konseptual (conseptual approach), pendekatan analitis (analythical approach) dan pendekatan filsafat (philosophical approach) menghasilkan simpulan bahwa Putusan Hakim konstitusi yang menyatakan dalil para pemohon tidak beralasan menurut hukum, tak dapat dibenarkan dan lembaga KPK dilemahkan melalui revisi kedua Undang-Undang ini. Kata Kunci : Dilemahkan, KPK, Putusan Mahkamah Konstitusi.
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Payne, Julien D. "Divorce Reform in Canada: New Perspectives; An Analytical Review of Bill C-10 (Canada), 1984." Chronique de législation 15, no. 2 (May 9, 2019): 359–83. http://dx.doi.org/10.7202/1059555ar.
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Bill C-10 (Canada), 1984 is entitled An Act to Amend the Divorce Act (R.S.C., 1970, c. 10). In reality, however, the fundamental character of some of the changes proposed therein constitutes a major reform of substantive divorce law and provides a limited foundation for radical changes in the adversarial legal process. The concept of “no-fault” divorce that was proposed by the Law Reform Commission of Canada in its Working Papers and Report on Family Law constitutes the basis of Bill C-10 with regard to the freedom to divorce and the judicial determination of the right to and quantum of spousal maintenance. But Bill C-10 provides little by way of a framework for the implementation of the Law Commission's recommendations for new processes that would ameliorate the injurious effects of the adversarial legal process. For example, the use of mediation as an alternative to the litigation of disputed issues is endorsed in clauses 5 and 16 of Bill C-10, but these clauses, and particularly clause 5, are badly drafted and are unlikely to foster mediated settlements where either lawyer representing the parties is intent on a battle in open court. Bill C-10 introduces much-needed policy objectives to assist the courts in determining whether spousal maintenance should be ordered on the dissolution of the marriage. Here again, however, the drafting is less precise than might be considered appropriate. The “best interests of the child” is declared to be the paramount criterion in applications for the maintenance, custody, care and upbringing of children, but no specific guidelines are provided with respect to the factors that might be relevant to a determination of a child's best interests. Joint custody orders and third party orders are expressly permitted, but not expressly encouraged, by clause 10 of Bill C-10. The jurisdictional requirements of section 5 (1) of the Divorce Act, R.S.C. 1970, c. D-8 have been simplified by clause 3 of Bill C-10, which retains only the one year ordinary residence requirement. Corresponding adjustments have been made to section 6 of the Divorce Act, which governs the recognition of foreign divorce decrees. Bill C-10 (Canada), 1984 thus constitutes a blending of the old and new. Whether this blend produces vintage wine or vinegar is a matter of opinion.
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ROSSEL, CECILIA, and FELIPE MONESTIER. "Transnational Diffusion of Health Policy Ideas in Uruguay in the Early Twentieth Century." Journal of Policy History 33, no. 3 (July 2021): 317–43. http://dx.doi.org/10.1017/s0898030621000129.
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AbstractThis article analyzes how policy ideas already adopted in Europe, particularly in France, were taken into consideration for the design of Uruguay’s National Public Assistance (NPA) policy. Established in 1910, the NPA was a pioneering government social policy for the time and for the region.Some have argued that the design of the NPA law followed the secular and republican model instituted in France at the end of the nineteenth century when France established the Assistance Publique, particularly regarding the extent of public assistance to the poor, the role of the state in the provision of health care (as opposed to charity-based provision) and the centralization of health-care services (as opposed to a decentralized health-care system).We analyze how these revolutionary ideas were discussed by the technicians and politicians who participated in the process that culminated in the approval of the law in Uruguay discussed these revolutionary ideas. We explore the factors that motivated the creation of the commission that developed the law. We also review available documentation on the drafting of the bill and the parliamentary debate that culminated in its approval. We find that the design of the NPA included many ideas diffused mainly from France. The French model was not simply emulated, however. Rather, the authors of the NPA thoroughly analyzed and considered the features and main consequences of the Assistance Publique, suggesting that diffusion in this case was more a process of learning than of simple mimicry.
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Babkin, Mikhail A. "The Provisional Government’s Bill regarding the “Legalization” of Russia’s Third Orthodox Church—Old Orthodox Belokrinitskaya Hierarchy." Slovene 6, no. 1 (2017): 540–60. http://dx.doi.org/10.31168/2305-6754.2017.6.1.23.
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The legislative acts of the Provisional Government regulating the functioning of religious organizations has not been sufficiently studied. The bills, which were created in the various ministries of the Provisional Government and failed to become law, are virtually unexplored. On the wave of political events in Russia in February and March 1917, the nondenominational Provisional Government came to power. There arose the need for a comprehensive reform of public administration in Russia and, in particular, church-state relations. In the bowels of the Ministry of Internal Affairs of the Provisional Government, there was created a structure that developed the draft laws on the status of various denominations: 1) the group on general religious issues; 2) the commission for the revision of the statutory provisions about the Roman Catholic Church in Russia; and 3) the group on issues relating to the Old Believers. This publication focuses on the activities of this final group. The main outcome of this group, working in close alliance with representatives of the Old Believers, was the creation of the draft law on the “legalization” of the third Orthodox Church in Russia (after the Russian and Georgian Orthodox Churches), that is, the Old Orthodox Belokrinitskaya Hierarchy, which, in 1988, became known as the Russian Orthodox Old Belief Church. The resulting bill, dated 18 October 1917, was submitted to the Provisional Government for approval. However, it was not approved because of the overthrow of the Provisional Government on 25 October of that same year. The present article introduces this 1917 bill to “legalize” the Russian Old Orthodox Belokrinitskaya Hierarchy into scholarly awareness.
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M. JEFFRI ARLINANDES CHANDRA et al. "PREVIEW OF DRAFT LAWS PRACTICE INDONESIA AND FRANCE: CURRENT DISCUSSIONS ON COMMON AREAS OF INTEREST." Russian Law Journal 11, no. 3 (April 27, 2023). http://dx.doi.org/10.52783/rlj.v11i3.1991.
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The focus of this paper is to discuss and analyze the review of the preliminary law between Indonesia and France. Additionally, it will delve into the details of the review of laws and regulations in Indonesia, and explore the potential implementation of the Principles of Testing in the Draft Law based on the practices in France. To conduct this study, a combination of normative research and empirical data will be employed. The research approach aims to identify the norms outlined in legal statutes and theories, using a conceptual approach that draws on established legal views and doctrines. The findings indicated that the effective practices implemented in France can serve as a model for the implementation of preview activities. These practices could potentially be applied in the drafting of bills in Indonesia to minimize issues such as contradictory interpretations, overlaps, and ineffectiveness of laws. Currently, the evaluation of laws is only done through judicial review via the Constitutional Court, but it is recommended that the review process should be expanded to include both executive and legislative branches. Full adoption of the preview of the bill, as done in France, would likely require the revision of both the 1945 Constitution and Law 12/11 to establish a new institution for bill review, which is outlined in Article 20 of the Indonesian Constitution.
Books on the topic "Law Revision and Bill Drafting Commission"
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Fa lü xiu gai yan jiu: Yuan ze, mo shi, ji shu = Research law revision : principle. patterns. techniques. Beijing Shi: Fa lü chu ban she, 2008.
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Switzerland. Teilrevision des Schweizerischen Zivilgesetzbuches: Immobiliarsachen- und Grundbuchrecht : Zusammenstellung der Vernehmlassungen = Révision partielle du Code civil : droits réels immobiliers et droit du registre foncier : classement des réponses à la procédure de consultation. Bern: BBL, Verkauf Bundespublikationen, 2005.
Find full textBook chapters on the topic "Law Revision and Bill Drafting Commission"
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Amal, Clooney, Webb Philippa, and Nelson Matthew. "1946–1947, Commission on Human Rights Drafting CommitteeInternational Bill of RightsDocumented Outline textsUnited Kingdom Draft International Bill of Human Rights." In The Right to a Fair Trial under Article 14 of the ICCPR. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780192897923.003.0006.
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Amal, Clooney, Webb Philippa, and Nelson Matthew. "1946–1947, Commission on Human Rights Drafting CommitteeDraft Outline of International Bill of RightsCommission Des Droits De L’Homme Comite De RedactionAvant-Projet De La Declaration Internationale Des Droits De L’Homme: (prepared by the Division of Human Rights)(préparé par la Division des Droits de l’Homme)." In The Right to a Fair Trial under Article 14 of the ICCPR. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780192897923.003.0004.
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Amal, Clooney, Webb Philippa, and Nelson Matthew. "1946–1947, Commission on Human Rights Drafting Committee on an International Bill of Human RightsFirst SessionReport of the Drafting Committee to the Commission on Human Rights." In The Right to a Fair Trial under Article 14 of the ICCPR. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780192897923.003.0010.
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John P, Pace. "2 The Agenda (1946)." In The United Nations Commission on Human Rights. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198863151.003.0003.
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This chapter examines the issues that the Commission on Human Rights took up in the decades following the drafting of the International Bill of Human Rights. The work of the Commission reflected international, political and social developments, largely propelled by a vital civil society. Thus, the period of decolonization brought the first issues to the agenda of the Commission, as did the Cold War and the emergence of the Non-aligned Movement between the 1950s and the mid-1970s, with the focus on racism and self-determination. This influenced the character of the Commission from that of a largely technical drafting body to a forum where situations were taken up. The Commission’s agenda thus widened in scope and with it, the challenges that are considered in these chapters. The challenges that emerged for the Commission related to the appreciation by states of their human rights obligations at the domestic level as a result of their becoming parties to international human rights law; and the realization of economic, social and cultural rights as an integral component of international human rights law, consistent with the Charter of the United Nations. These two challenges were to dominate the further evolution of the Great Enterprise for the rest of the existence of the Commission and that of the Human Rights Council after 2006.
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John P, Pace. "1 The Great Enterprise Gets Underway (1946–1955)." In The United Nations Commission on Human Rights. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198863151.003.0002.
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This chapter describes the formation of the Commission on Human Rights following the coming into force of Charter of the United Nations. It then discusses the developments immediately following the launch of the Commission on Human Rights, notably the unsuccessful attempt to maintain an integral, holistic concept of human rights. It describes the role of the Commission in drafting the International Bill of Human Rights during the first seven years of its existence. It dwells on the challenge of maintaining a unitary Convention and the eventual separation of civil and political rights, and economic, social and cultural rights into two Covenants, and the related challenge of implementation. It describes the initial setting up of Sub-Commissions, followed by the emergence of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, and its fluctuating relations with the Commission in the years that followed.
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John P, Pace. "10 ‘All human beings …’ and the Great Enterprise." In The United Nations Commission on Human Rights. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198863151.003.0011.
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This chapter explores the relevance of the developments in the Commission on Human Rights to the individual—the ultimate measure by which to assess the priorities in the coming years. The introduction of respect for human rights among the fundamental principles of the organization and the establishment of an International Bill of Human Rights were major distinguishing features between the UN Charter and the Covenant of the League of Nations. These provisions placed the individual at the table where only governments sat in matters of international relations. This ‘third dimension’ of international relations gave the Commission on Human Rights a role and responsibility like no other UN body, of dealing directly with individuals. The chapter then addresses the relationship of the Commission with the individual and civil society. Communication from individuals and groups emerged on two principal channels, almost concurrently. One was the handling of communications whose substance was deemed to be relevant to the work of the Commission as it undertook its drafting responsibilities. The other was the right of individuals and groups to petition as an integral component of the measures of implementation. This was the start of the treaty-based complaints mechanisms.
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Adkins, Mary E. "“Be Somebody”." In Chesterfield Smith, America's Lawyer, 70–84. University Press of Florida, 2020. http://dx.doi.org/10.5744/florida/9780813066660.003.0006.
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By the early 1960s Chesterfield Smith was becoming a leader in the Florida Bar, and in 1964 he became president. Shortly after his term as president ended, the governor named Smith hair of a new Constitution Revision Commission. This group succeeded, where others had failed, in drafting a wholly new constitution for Florida and getting the legislature to place it on the ballot, where a majority of Florida’s citizens approved it. As the Constitution Revision Commission finished its work, Smith merged his growing law firm with one based in Tampa. The resulting firm, Holland & Knight, continued to expand and to open more offices.
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Stephen, Girvin. "Part III International and Domestic Regulation, 16 The Hamburg Rules." In Carriage of Goods by Sea. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198811947.003.0016.
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This chapter evaluates the Hamburg Rules, starting with a background of its drafting by the United Nations Commission on International Trade Law (UNCITRAL). The Hamburg Rules comprises 34 articles and a Common Understanding. The chapter then considers the core provisions of the Rules which are different to the Hague and Hague-Visby Rules. Article 2(1) of the Hamburg Rules provides that the Rules apply to inbound and outbound contracts of carriage by sea between two different states, or if ‘one of the optional ports of discharge provided for in the contract is the actual port of discharge and is in a contracting state’, or if the bill of lading ‘or other document’ is issued in a contracting state or provides that ‘the provisions of the Convention or the legislation of any State giving effect to them are to govern the contract’. The Rules do not apply to coastal voyages, although it is likely that a contracting state will make them applicable to coastal trades.