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Journal articles on the topic 'Legislative council'
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Kusumah, Riva Rachmi, and Syamsul Bahri Siregar. "PENGUATAN FUNGSI PENGAWASAN OLEH DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) TERHADAP EFEKTIFITAS PERATURAN DAERAH." Yustitia 8, no. 2 (October 15, 2022): 182–96. http://dx.doi.org/10.31943/yustitia.v8i2.166.
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Local People's Representative Council (DPRD) In Local Government Legislation and Regional Legislative Institutions. One of the most esential issues of democracy’s results in Indonesian constitutional platform is the local legislature, so popularly known as the LocalPeople's Representative Council (DPRD). The key of the success in organizing local government is the capability of the Local People's Representative Council (DPRD) in conducting the three basic functions and plus, namely legislating, budgeting, supervising, and plus representing, simultaneously, proportionally and continously. In the future times, it is urgent to strengthen the structure and institutional capacity of the Local People's Representative Council (DPRD) by means of three agenda, that is (i) to redefine and toconsolidate the position of the Local People's Representative Council (DPRD) as a legislature; (ii) to reinforce the authority of the Local People's Representative Council (DPRD); and (iii) to maximize the capacity of the Local People's Representative Council (DPRD) in performing its all functions. To that end, it is urgent to take an effort in revising Law of 32/2004 and Law of 27/2009. "
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Cassidy, J. "American Legislative Exchange Council." BMJ 343, no. 02 1 (November 2, 2011): d6916. http://dx.doi.org/10.1136/bmj.d6916.
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Serdynskiy, V. S. "Judicial self-government in Ukraine (in the context of European standards)." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 412–15. http://dx.doi.org/10.33663/2524-017x-2022-13-65.
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The relevance of the issue of proper functioning of judicial self-government, its important role in protecting the independence of the judiciary and the professional interests of judges is not in doubt today. In this article, the author analyzed the organizational forms of judicial self-government in Ukraine, in accordance with the current legislation of our country. At the same time, the article pays special attention to the recommendations of the Advisory Council of European Judges, which analyzed the organization and empowerment of judicial councils in various European countries. It also provided its recommendations on the composition of such councils of judges, as well as an approximate list of powers that should be given to such councils. The article draws attention to the existence of associations of judges, which also stand for the protection of the professional interests of judges and the protection of the independence of the judiciary. The author concludes that the national legislation on judicial self-government is sufficiently in line with European standards on this issue, but warned that in case of legislative changes, or improvement of this institution, care should be taken of legislative and practical reform of the judiciary. The introduction of inconsistent legislative changes is otherwise detrimental to the judiciary and its perception by civil society. Key words: Judicial Council, Judicial Self-Government, Independence of Judges.
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Forcese, Craig. "Hegemonic Federalism: The Democratic Implications of the UN Security Council's "Legislative" Phase." Victoria University of Wellington Law Review 38, no. 2 (August 1, 2007): 175. http://dx.doi.org/10.26686/vuwlr.v38i2.5519.
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Several recent UN Security Council antiterrorism resolutions amount to legislation for the international community. The Security Council's new approach raises real predicaments for those states that, in their domestic system of government, are democracies. Not least, the Council risks disturbing the carefully balanced features of liberal democracy, including the very separation of powers on which functioning democracies are built. The article that follows explores this contention, with a particular focus on the implications of Security Council action for Canadian democracy. It concludes that the Security Council's legislative phase creates a new species of international/domestic legal interface, perhaps best described as "hegemonic federalism" – that is, a system in which the Security Council asserts plenary lawproject authority over the Canadian federal executive, which in turn responds with direct implementation of the international resolution or strongly encourages (and in majority Parliaments likely ensures) compliance by Parliament.
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Roshanzadeh, Javad, and Seyed Ahmad Habibnejad. "LEGISLATIVE RESTRICTIONS OF THE ISLAMIC CONSULTATIVE ASSEMBLY DUE TO THE LEGISLATIVE JURISDICTION OF OTHER AUTHORITIES IN THE PROCEDURE OF THE GUARDIAN COUNCIL." Humanities & Social Sciences Reviews 7, no. 6 (December 19, 2019): 813–25. http://dx.doi.org/10.18510/hssr.2019.76123.
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Purposes: In the Constitution of the Islamic Republic of Iran, in accordance with Article 71, legislation is the responsibility of the Islamic Consultative Assembly and has general jurisdiction which does not mean that the Islamic Consultative Assembly has no restrictions on legislation, but has limitations in terms of the various Constitutional principles including, the exclusive and particular jurisdiction of other authorities to legislate the law. The Islamic Consultative Assembly cannot legislate in the jurisdiction of these institutions. In the Constitution, a series of authorities have got the right to legislate.
Methodology: Using an analytical descriptive method, the present article seeks to examine the question of what are the legislative constraints of the Islamic Republic Consultative Assembly in the Guardian Council's procedure.
Results: In the procedure of the Guardian Council, other authorities, such as the Assembly of Experts of the Leadership, the Expediency Discernment Council of the system, the Supreme National Security Council, the Supreme Council of the Cultural Revolution, etc. have found the right to legislate. In other words, this general jurisdiction has been assigned in a way.
Implications/Applications: The application of this study is to introduce the laws of the Islamic Republic of Iran. The exercise of this jurisdiction by the Islamic Consultative Assembly has a framework that cannot be explained except by referring to the Constitutional principles
Novelty/Originality: In the Constitution of the Islamic Republic of Iran, due to the nature and type of government and the particular aspirations pursued, other legislative authorities include the Assembly of Experts, the Expediency Council, the Supreme National Security Council. It is accepted that by referring to the views of the Guardian Council as the Constitutional body, they have protected them in cases where the jurisdiction of these authorities has been invaded.
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Williams, Paul D. "Queensland’s quandary." Queensland Review 29, no. 1 (December 26, 2022): 36–48. http://dx.doi.org/10.1558/qre.23431.
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Just as Queensland commemorated the centenary anniversary of the abolition of the state’s Legislative Council, the Labor government under Premier Annastacia Palaszczuk, a ‘strong’ leader during the contemporaneous COVID-19 pandemic, found itself embroiled in the most serious integrity quagmire of its seven-year history. Given Queensland’s long history of ‘strong’ – even autocratic – political leadership and compromised government integrity, this article posits three arguments: that the abolition of the Legislative Council and a century of political excess in Queensland since 1922 are broadly related; that legislation in Queensland remains largely ‘executive-made’ and not ‘parliament-made’ law; and that the presence of a democratically elected Legislative Council after 1922 would have mitigated if not prevented much of Queensland’s political excess over the past one hundred years. The article also offers a model for a reintroduced Legislative Council that, given electoral distaste for ‘more politicians’, is unlikely to be approved at referendum.
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Prasetyo, Iwan Kurniawan, Humaira Azzahra, and Khazanatul Huda. "The Authority Of The DPR On The Appointment and Dismissal of Constitutional Judges." Andalas Law Journal 8, no. 1 (July 28, 2023): 52. http://dx.doi.org/10.25077/alj.v8i1.43.
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Based on the 1945 Constitution, 3 institutions are authorized to appoint constitutional judges, including the Representative Council, Supreme Court, and the President. In the event that the dismissal of constitutional judges can be carried out if they have fulfilled the criteria contained in article 23 of Law No.7/2020. Paragraph (4) of the same article confirms that those with authority to dismiss a constitutional judge are the Chief Justices of the Constitutional Court and the President. However, in 2022 there is a polemic, namely the form of intervention against the dismissal of constitutional judges carried out by one of the legislative bodies, namely the Representative Council of Indonesia, which is a big question mark. What kind of authority does the Representative Council have as a legislature over the CC? Is this action justifiable and in accordance with applicable law? This legal research with a normative juridical approach examines secondary data in books, journals, and legislation as a reference. The result of this study indicates that the Representative Council’s over CC as contained in the 1945 Constitutions is very limited in proposing 3 candidates for constitutional judges and has no authority at all to dismiss them. The Representative Counsil’'s decision to dismiss constitutional judges is an act of offending the principle of the independence of the Constitutional Court and has no legal basis.
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Ryu, Ji Woong. "A Study on the Legislative Participation of Local Governments in Switzerland and Germany." European Constitutional Law Association 41 (April 30, 2023): 567–92. http://dx.doi.org/10.21592/eucj.2023.41.567.
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The purpose of this study is to compare the legal systems of Switzerland and Germany to expand the participation of local governments in legislation in Korea. Today, opinions and participation of local governments are expanding through the strengthening of local autonomy and the expansion of decentralization. Currently, in Korea, local governments can indirectly present their opinions, participate in public hearings, hearings, etc. through the Local Autonomy Act, the National Assembly Act, and the legislative operation regulations, and these procedures remain objects, not subjects. In order to improve this, it is necessary to analyze the legal systems of Switzerland and Germany, where local governments and local government associations are actively participating as legislators and related parties in relation to autonomy, and review their implications for Korea. In the case of Switzerland, Kenton is widely recognized for his participation in legislation. To this end, the federal constitution stipulates in detail. Legislative participation is also recognized by expanding diplomatic affairs, and strong legislative participation is promoted through the right to request a referendum, and similar to Germany, federal senators can be formed as representatives of Canton to participate in parliamentary legislation. Looking at the characteristics of the legislative participation systems of Swiss and German local governments, the following characteristics are shown. First, legislative participation in the central government and the National Assembly is very actively recognized. On the other hand, in Germany, local governments and associations of local governments generally recognize limited and passive participation in legislation in the National Assembly. However, as a supplement to this, local governments are actively realizing legislative participation in the National Assembly through the exercise of members of the Federal Council or the right to vote. In Switzerland and Germany, the scope of affairs related to local governments is widely recognized for the scope of legislation that local governments and local government councils can participate in, but legislative participation is not limited to legislation, but even zero, rules, and plans are recognized. In order for local governments and local government councils to actively present their opinions on local autonomy and improve the legal system, including legislative participation by local governments It is thought that allowing the heads of local governments at the same national level to participate in actual state legislation and policies as State Council members could be a way to expand the institutional guarantees of local governments guaranteed under the constitution.
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Nirahua, Garciano. "Kedudukan dan Pelaksanaan Fungsi Legislasi Dewan Perwakilan Daerah Pasca Putusan Mahkamah Kontitusi Nomor 79/PUU-XII/2014." SASI 26, no. 3 (September 21, 2020): 356. http://dx.doi.org/10.47268/sasi.v26i3.309.
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The Local Representative Council is one of barometers of reformation success in Indonesian state administration. as the Local Representative Council becomes a new legislative institution that will strengthen and work closely with previously-established legislative institutions (People's Representative Council). This study aims to: (1) find out and identify the status of legislation function of Local Representative Council based on the regulation after the decision of Constitutional Court; and (2) find out and identify the implementation of legislation function of Local Representative Council based on the regulation after the decision of Constitutional Court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. The results show that the constitutional authority of Indonesian Local Representative Council as a legislator institution is still very weak. Since the decision of Constitutional Court was read, from normative perspective, there is no any legislation change, either in planning, proposing, or discussing the regulation draft in the Indonesian Parliament, related to the authority of Indonesian Local Representative.
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Salih, Kamal Osman. "The 1938 Kuwait legislative council." Middle Eastern Studies 28, no. 1 (January 1992): 66–100. http://dx.doi.org/10.1080/00263209208700890.
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Adelseitova, A. B., and A. A. Marieva. "РЕАЛИЗАЦИЯ ЗАКОНОДАТЕЛЬНОЙ ФУНКЦИИ ГОСУДАРСТВЕННЫМ СОВЕТОМ РЕСПУБЛИКИ КРЫМ." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 3 (1) (2022): 77–82. http://dx.doi.org/10.37279/2413-1733-2021-7-3(1)-77-82.
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The article considers the issue of the implementation of the legislative function as one of the main functions of the representative authority of the Republic of Crimea — the State Council. The legislation regulating the issues of granting legislative powers to the Parliament of the Republic of Crimea within its competence is analyzed. The authors come to the conclusion that the presence of a legislative function in the Parliament of the Republic of Crimea allows more dynamically solving the emerging problems of the region, which is an undoubted advantage in the exercise of state power.
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Almahameed, Mwaffaq. "The Role of The Legislature In Protecting The Constitution Case Study of The Bahraini Constitution." Political Sciences and Law Series 1, no. 4 (March 13, 2024): 261–96. http://dx.doi.org/10.59759/law.v1i4.459.
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This study focuses on the role of the Bahraini constitutional institutions that make up the legislative authority in protecting the constitution by explaining the role of the king in protecting the constitution and highlighting the relationship between the legislative authority and the Bahraini constitutional judiciary and the extent to which both Shura Council and Representatives Council can benefit from this relationship by activating an authentic role in starting the Oversight of the constitutionality process, this role functionally integrated with the Constitutional Court so that the Parliament two councils open a new dimension in the relationship with this court, This study include the emphasizing that the right of the Shura and Representatives Councils to request the Constitutional Court to examine the constitutionality of the legislation includes both the existence of a text that contradicts the Constitution and the absence of a text that the Constitution requires (legislative omission). Several recommendations have been mentioned include: The necessity of amending Decree-Law No. (55) of 2002 regarding the internal regulations of the Shura Council and its amendments, and Decree-Law No. (54) of 2002 regarding the internal regulations of the House of Representatives and its amendments by including a new section within Chapter One entitled “Section Five: Request to Examine the Constitutionality of Legislations Or “Section Five: Recourse to the Constitutional Court.”. Also, The inclusion of a text that give the right of a number of members of either chambers (ten members, for example, to ensure seriousness) to resort to the Constitutional Court to request an examination of the constitutionality of legislation, taking into account the proportionality between the legitimacy of the majority’s decision and the seriousness of the issue of raising suspicion of unconstitutionality.
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Akmal, Diya Ul. "THE REGIONAL REPRESENTATIVE COUNCIL IN INDONESIA: A VIEW OF UNRESOLVED PROBLEMS." Jurnal Res Justitia: Jurnal Ilmu Hukum 2, no. 2 (July 13, 2022): 241–51. http://dx.doi.org/10.46306/rj.v2i2.34.
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The Regional Representative Council in Indonesia was established as part of constitutional reform, and it is expected to be able to address current issues with regional aspirations absorption. The Regional Representative Council is still lacking in its presence as a State Institution after nearly 18 years of existence. This is due to the fact that Indonesia uses a Soft Bicameral System in the Legislative Chamber. The People's Representative Council wields more power in the Legislative process than the Regional Representative Council. This is evident from the Constitution's and other regulations' limited authority. It is critical to strengthen the Regional Representative Council's authority as a State Institution with equal standing to the People's Representative Council. Indeed, there is a double check on the draft law between the two Legislative Chambers under the Bicameral Concept. The goal is to achieve good legal formation. Furthermore, given the community's current social situation, it is necessary to monitor indigenous peoples' protection. The Regional Representative Council must be the first line of defense in the region, overseeing all aspects of life, including indigenous peoples
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Abu-Amr, Ziad. "The Palestinian Legislative Council: A Critical Assessment." Journal of Palestine Studies 26, no. 4 (1997): 90–97. http://dx.doi.org/10.2307/2537910.
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Since its inauguration in March 1996, the Palestinian legislative council has failed to accomplish its two main objectives: to enact substantive legislation and to exercise oversight over the Executive Authority. An elected member of the council, Abu-Amr outlines reasons that he believes have contributed to the legislature's failure and analyzes the implications of this failure for the future of democracy in the West Bank and Gaza.
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Park, Yangwoo, Hyojong Ahn, and Myoungho Park. "Legislative professionalism and legislative productivity of local council in Korea." Journal of Parliamentary Research 16, no. 1 (June 30, 2021): 109–44. http://dx.doi.org/10.18808/jopr.2021.1.4.
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Savira, Evi Maya, Renny Savitri, Madya Putra Yaumil Ahad, Erisda Hutasoit, and Andres Willy Simanjuntak. "Regional Legislative Council Service Performance Acceleration Through Innovation: Case Study of Medan Regional Legislative Council Secretariate." Jurnal Bina Praja 14, no. 1 (April 29, 2022): 159–74. http://dx.doi.org/10.21787/jbp.14.2022.159-174.
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Public organizations' outputs are services both inside and outside the organization. Medan Regional Legislative Council Secretariate is one of the regional apparatus organizations (OPD) whose performance output is service to the bureaucracy, which in this case is to members and leaders of the Regional Legislative Council. The service performance of the Medan Regional Legislative Council Secretariate is still considered dissatisfaction, and the Government Agency Performance Accountability Report (LAKIP) scores B. The purpose of this study is to provide an overview of the novelty of the Medan Regional Legislative Council Secretariate in accelerating its performance through a stakeholder satisfaction survey and innovation. This study uses a mixed method of both quantitative and qualitative research methods. The research questions are (1) What innovation acceleration does the Medan Regional Legislative Council Secretariate conduct to achieve organizational performance goals, and how? (2) How does the results of innovation development on the level of satisfaction of stakeholders on the performance of the Medan Regional Legislative Council Secretariate services in 2019-2021? (3) What lessons were learned from efforts to improve performance through surveys and innovations at the Secretariate? This study results from a stakeholder satisfaction survey followed up with four innovations to accelerate the performance of the Medan Regional Legislative Council Secretariate. The results of this study found that the development of these four innovations was not optimal; there was only one innovation that directly impacted organizational performance. Although technocratic studies have been carried out through stakeholder satisfaction surveys and innovation assistance, however, the innovation decisions made in the context of accelerating performance are highly dependent on the competence of human resources and priority activities.
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Saputra, Muhammad Rizky, and Anom Wahyu Asmorojati. "Kinerja DPRD Kota Yogyakarta: Studi Pembentukan Peraturan Daerah Prakarsa DPRD 2019-2020." Wajah Hukum 5, no. 1 (April 23, 2021): 46. http://dx.doi.org/10.33087/wjh.v5i1.334.
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Implementation the formulation of Regional Regulation by the Yogyakarta Legislative Council was not optimum, especially regarding the performance in proposing the draft bylaws. It was evidenced by the number of drafts from 2019-2020 from the Initiatives of Yogyakarta Legislative Council, which were only 4 draft bylaws, a quite low number compared to the executive which proposed 15 draft bylaws. Furthermore, the factors affecting the performances of the members of the Yogyakarta Legislative council in carrying out its function to formulate the regional regulations were the lack of experiment in organizations, different and limited backgrounds of education, and the lack of people’s enthusiasm to participate in the formulation of Regional Regulations. This study aims to analyze the implementation of the legislative functions of The Yogyakarta Legislative Council in the formulation of Regional Regulation Initiatives based on the Regulation of the Yogyakarta Legislative Council Number 1 Year 2018 on Code of Conduct and to find out the factors affecting the performance of the members of the Yogyakarta Legislative Council in implementing their functions in the formulations of regional regulations. This study employed an the normative legal and empirical legal method
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Mendis, N. Piyuji Rasanja. "Devolution of Legislative Power to the Provincial Council of Sri Lanka." International Journal for Innovation Education and Research 5, no. 6 (June 30, 2017): 34–40. http://dx.doi.org/10.31686/ijier.vol5.iss6.624.
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The objective of the study is to examine the states of legislative devolution in Sri Lanka under present constitution of 1978. The ‘Indo-Lanka Accord’ committed Sri Lanka to establish a system of devolution to Provincial Councils (PCs). Consequently with the aim of devolving power, the PCs were established in each of the nine Provinces of Sri Lanka under the Thirteenth Amendment to the Constitution. In a system where devolution of power exists, power is divided between the national and sub national level. In case of Sri Lanka such a division takes place between the central government which is the government at national level and the provincial council which is the government at sub national level. The legislation is the framework by which governments of whatever persuasion seek to achieve their purposes. Under a truly devolved system, the unit to which the power is devolved can exercise its autonomy in the implementation of the devolved functions. This autonomy should have been ensured, in the PC system as expected in the 1987 Indo-Lanka Agreement. It was found that the PCs are elected bodies which were given power to pass statutes applicable to their respective Provinces, with regards to certain specified matters. The legislative power of the PCs is not exclusive theirs. Issues related with legislative power also contributed to the weak capacity basis of the Provincial Council.
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Duijzentkunst, Bart Smit. "Interpretation of legislative Security Council resolutions." Utrecht Law Review 4, no. 3 (December 9, 2008): 188. http://dx.doi.org/10.18352/ulr.90.
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Kim, Yong-Seok, and Tae-Young Kim. "The Effect of Policy Support Officer System in the Korean Local Council: Comparative analysis of satisfaction between local council members and metropolitan council members." Korea Association of Local Administration 20, no. 3 (December 31, 2023): 1–26. http://dx.doi.org/10.32427/klar.2023.20.3.1.
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The purpose of this study is to analyze the effectiveness of the local council policy support officer system. Empirically compare and analyze the satisfaction level between local council members and metropolitan council members with the recently introduced and implemented policy support officer system, satisfaction with legislative activities, and system improvement measures. There is something to do. For this purpose, a survey was conducted targeting local council members across the country, and a chi-square test was conducted to determine whether the difference in satisfaction with legislative activities between basic council members and metropolitan council members was statistically significant.
Looking at the results, first, the majority of local council members were found to be satisfied with the policy support officer system, and the satisfaction of local council members was higher than that of metropolitan council members. Second, both local council members and metropolitan council members were found to have the highest level of satisfaction with legislative activities, followed by check and monitor activities, budget activities, and resident representative activities. Third, the difference in satisfaction with legislative activities between local council members and metropolitan council members was found to be statistically significant in legislative activities and checks and monitoring activities, but no differences were found in budget activities and resident representative activities. Fourth, in terms of institutional improvement measures, it was found that members of the local council most requested one policy support officer and members of the metropolitan council most requested one aide. Based on these analysis results, implications for the local council policy support system were presented.
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Suparto, Suparto. "The Position and Function of the Regional Representative Council in Constitutional System of Indonesia According to the Regional Autonomy Laws: A Shift from Legislative to Regional Executive." UNIFIKASI : Jurnal Ilmu Hukum 8, no. 1 (June 29, 2021): 53–69. http://dx.doi.org/10.25134/unifikasi.v8i1.3577.
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This study aims to determine the position and function of the Regional Representative Council (DPRD) in the constitutional system of Indonesia. The study employed a normative legal approach and was analyzed qualitatively using secondary data. The finding revealed the position and function of the DPRD, an element of regional government administration, is currently regulated in one law, Law no. 23 of 2014 concerning Regional Government which previously regulated in the Law on the MPR, DPR, DPD, and DPRD. The DPRD has been regarded as a regional legislative council. In fact, a country adheres to the Unitary State concept do not familiar with regional legislatures. Even though, there is only one legislative council at the regional center, the DPR RI. In the previous law, Law no. 32/2004 states that DPRD has legislative, budgeting, and supervisory functions. The legislative function of the DPRD has resulted in ambiguity on the DPRD's position, a legislative council or part of the executive branch. This is because the function of legislative is to create laws owned by the legislative council. In this case, the DPR. Meanwhile, the DPRD only has the authority to formulate Perda. Based on Law no. 23 of 2014, the DPRD no longer has a legislative function. It is replaced by the function of forming a regional regulation. The DPRD which has been regarded as a regional legislative council, has begun to shift towards the regional executive
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Hong, Sangwoo, and Hyungyu Oh. "A Study on Organizational Fairness and Organizational Commitment of Policy Support Officers in Local Councils." Korean Society of Culture and Convergence 45, no. 8 (August 31, 2023): 407–26. http://dx.doi.org/10.33645/cnc.2023.08.45.08.407.
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In January 2022, local councils gained independent personnel rights. This amendment includes the establishment of the policy support officer system, a specialized workforce aimed at enhancing the expertise of council members and supporting legislative activities. However, various issues such as personnel turnover and excessive workload have been identified during the implementation of this system. To address these concerns, this study focuses on key variables such as organizational fairness, organizational commitment, and job satisfaction, aiming to provide implications from the perspective of human resource management. As the roles of local councils become more sophisticated, the importance of policy support officers in complementing council expertise and supporting legislative activities has also grown. Through hierarchical regression analysis, this study presents organizational and policy-related recommendations to foster organizational commitment among policy support officers.
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Amaluddin, Zainal. "SISTEM BIKAMERAL DI INDONESIA SEBAGAI FUNGSI LEGISLASI DEWAN PERWAKILAN DAERAH DITINJAU DARI PERSPEKTIF MASLAHAH." Jurnal Alwatzikhoebillah : Kajian Islam, Pendidikan, Ekonomi, Humaniora 7, no. 1 (March 5, 2021): 36–49. http://dx.doi.org/10.37567/alwatzikhoebillah.v7i1.407.
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The Legislative Function of the Regional Representative Council The bicameral structure, especially in Indonesia, is viewed from a maslahah perspective. This study aims to analyze: (1) What is the legislative function of the Regional Representative Council in the bicameral system in Indonesia after the enactment of Law No.17 of 2014 concerning MD3, (2) What is the legislative function of the Regional Representative Council when viewed from the Maslahah perspective. This research is a type of normative legal research using two approaches, namely legislation and history. The statutory approach aims to examine in depth the various regulations governing the legislative duties and functions of the DPD, while the historical approach is used to understand the parliamentary system in Indonesia. After the data has been collected, the data is analyzed using descriptive analysis method which aims to describe the object under study in order to get a comprehensive picture. Furthermore, the data is analyzed based on maslahah theory using deductive methods because it analyzes through reasoning from a general form to achieve a special form. The results showed that: the legislative authority of the DPD which was originally expanded by the Constitutional Court in its decision No. 92 / PUU-X / 2012 apparently were not accommodated in the formulation of Law No.17 of 2014, this is evident in the MD3 Law that still contains several articles that again narrow down the constitutional authority of the DPD. If viewed from the maslahah perspective, the legislative functions of the DPD and Ahlul halli wal 'aqd in the Islamic constitutional system are very different. Although both have the same authority, namely in the field of legislation, the authority of Ahlul halliwal 'aqd is clearer and not as clear as the DPD legislation, besides that the DPD has not been placed equal to the DPR and the President in exercising its authority as a legislative institution especially after the enactment of Law No. .17 of 2014.
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Borski, Maciej. "DRAFT LAWS BY THE COUNCIL OF MINISTERS – SELECTED ISSUES." Roczniki Administracji i Prawa 2, no. XVIII (December 30, 2018): 39–56. http://dx.doi.org/10.5604/01.3001.0013.1769.
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The legislatives procedures and norms for law-making are the important elements of good governance. This results with an attempt to examine them from the perspective of Polish Council of Ministers. Such body – as a basic legislator in our political and legal system – keeps putting efforts in improving the legislative procedures. The goals phrased in a governmental programme „Better Regulations 2015” (the Council of Ministers’ resolution of 22.01.2013, no. 13/2013) may be pointed out as a good illustration of aforementioned efforts and approach. However, there is still a lot to be done in such area. For these reasons the paper focuses not solely on the range and the degree of the Council of Ministers’ involvement in legislative level, but also on some remarks de lege ferenda that may lead to increasing the transparency of the procedures and improving the quality of law.
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Lee, Seungchal. "Consideration on the Direction of Enactment of the Local Council Act." J-Institute 8 (August 31, 2023): 10–20. http://dx.doi.org/10.22471/regulations.2023.8.10.
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Purpose: Local autonomy was revived in 1991, and 30 years later, local councils have made a lot of progress. However, local residents' trust in local councils is not at a satisfactory level. In particular, on January 13, 2022, the entire「Local Autonomy Act」was amended to strengthen the autonomy of residents and local governments, and to secure transparency and accountability. It can be said that it is necessary to enact a local council law that can increase.
Method: Comparison and analysis of the 'Local Council Act' proposed by Jeon Hyun-hee, former member of the 20th National Assembly in February 2018 and Lee Hae-sik, a member of the National Assembly in November 2020, which is the most representative proposal among local council laws, and refer to the Local Autonomy Act and the National Assembly Act to determine the direction of local assembly law wanted to make a suggestion.
Results: The role of local councils is becoming more important to respond to the changing social structure and solve local problems. Therefore, it is necessary to activate local legislative activities to fulfill practical authority and roles. In other words, the direction of enactment of the Local Council Act should ensure the autonomy of the local council while at the same time strengthening its responsibility(professionalism). Therefore, it is required to secure transparency and reliability in the legislative activities of local councils and local councilors in parallel with the expansion of the authority of local councils.
Conclusion: As matters to be considered in enacting the Local Assembly Act, first, the practical benefits of enacting the Local Assembly Act should be fully considered. If the authority and independence of the local council can be strengthened and established by supplementing the current Local Autonomy Act, the need for enactment of the Local Council Act is low. Second, the direction of strengthening the responsibility and autonomy of local councils so that the enactment of the Local Council Act can solve problems in the local community with the strengthened authority and status of the local council, improve the quality of life of local residents, and activate grassroots democracy. should be enacted as.
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Kulikov, S. V. "Department of Institutions of Empress Maria and Preparation of Fundamental State Laws on April 23, 1906." Nauchnyi dialog 12, no. 7 (October 7, 2023): 393–410. http://dx.doi.org/10.24224/2227-1295-2023-12-7-393-410.
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The article examines the reform of the state system of the Russian Empire in 1905—1906, which culminated in the publication of the Fundamental State Laws on April 23, 1906, which summed up the previous reforms and became the first domestic constitution. It is noted that at the final stage of the preparation of the Fundamental Laws, there was a problem of integrating the Guardianship Council of the Empress Maria’s Institutions into the new political reality. It is emphasized that legislative measures related to this institution were passed through the Guardianship Council, while according to the new Fundamental Laws, all legislative measures were supposed to go through the State Duma and the State Council. For the first time in scientific historiography, based on previously unknown archival materials, the article examines how representatives of the highest imperial bureaucracy, directly involved in preparing the draft Fundamental Laws, solved this problem. Bureaucratic practices and strategies are analyzed. The author concludes that these representatives acted as defenders of the principles of separation of powers and unity of the legislative path, opposing the inclusion of the Guardianship Council’s legislative nature in the Fundamental Laws. It is shown that a similar position was taken by Nicholas II, which predetermined the exclusion of an article about the Guardianship Council from the final version of the Fundamental Laws.
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Kalish, Dar'ya. "Specificity of the interpretation of constitutionality in the Fifth Republic in France." Sravnitel noe konstitucionnoe obozrenie 30, no. 3 (2021): 125–40. http://dx.doi.org/10.21128/1812-7126-2021-3-125-140.
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In France, the understanding of the constitutionality of law and the wider institution of constitutional control have interesting features, especially when compared to other countries that use the traditional, legal European (Kelsen’s) model. These include the originality of the standard, against which legislative acts are checked. It is the so-called constitutional bloc, which, in addition to the 1958 Constitution itself, includes the Declaration of the Rights of Man and Citizen of 1789, the Preamble to the 1946 Constitution, the 2004 Environmental Charter, as well as the principles to which the Constitutional Council attaches constitutional significance. A feature of French public law in accordance with the 1958 Constitution is the non-universal legislative competence of parliament and the delimitation of the areas of regulation of law and regulations (government acts). In this regard, one of the requirements for the constitutionality of the law in France is that it should not interfere with the sphere of regulatory power, that is, it should not touch upon issues that are not attributed to the subject of legislative regulation by the Constitution. However, Parliament’s violation of the delimitation of legislative and regulatory regulation established by the Constitution does not include the unconstitutionality of the corresponding law (its individual provisions), instead only allowing the Government to amend them by its decrees. For a long time in France, there was only preliminary constitutional control over laws, legislative proposals submitted to a referendum, regulations of the chambers of Parliament and international treaties. As a result of the 2008 constitutional reform, a specific, subsequent constitutional review was introduced. It can be initiated in the Constitutional Council by the Court of Cassation or the Council of State upon an appeal, respectively, by a court of general jurisdiction or an administrative court, before which a statement is made that the law being applied to the dispute under consideration violates constitutionally guaranteed human rights. The institution of subsequent constitutional review has proved to be in great demand, and currently, most of the Constitutional Council’s decisions are made within its framework. In modern France, the development of legislation is significantly influenced by EU law. However, neither the Constitutional Council nor the Council of State directly monitor the compliance of laws and regulations with international treaties and EU law.
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., Moh Mufid, and Adamu Abubakar Muhammad. "Islamic Philanthropy and Public Policy: A Study of Zakat Fatwas from the New Order Era to the Post-Reform Era." Jurnal Hukum Islam 21, no. 2 (December 11, 2023): 201–30. http://dx.doi.org/10.28918/jhi_v21i2_01.
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The ambiguity of the relationship between the state and religion in Indonesia causes the unique dynamics experienced by the legislative process of Islamic law in Indonesian laws and regulations. In this context, the Indonesian Ulama Council has a strategic position to encourage the legislative process of Islamic law into state law, including zakat norms. This paper discusses the legislation of Islamic philanthropic fatwas in state law that regulates zakat management in Indonesia, which is manifested in public policy. This research is normative research with a philosophical and historical approach. The research data used were the 22 fatwas of the Indonesian Ulama Council regarding zakat. The research results showed that Islamic philanthropic fatwa norms contribute significantly to public policy interventions that are oriented toward empowerment and community welfare improvement. This paper argues that the relationship pattern of the Indonesian Ulama Council's fatwa regarding zakat and positive law is as follows: first, sometimes a zakat fatwa strengthens state policies for the public benefit (ta'yīdī), and second, it becomes legal materials in formulating and making public policies (insyā'ī). Thus, the Islamic philanthropic fatwas of the Indonesian Ulama Council can become a tool of social control and a tool of social engineering for the Indonesian Muslim community.
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Ferdian, Dirga. "POLITICAL REPRESENTATION OF WOMEN IN THE BANGKA TENGAH DITRICT LEGISLATURE REGENCY FOR THE 2019-2024 PERIOD." Berumpun: International Journal of Social, Politics, and Humanities 7, no. 1 (April 29, 2024): 1–14. http://dx.doi.org/10.33019/berumpun.v7i1.141.
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This research discusses the political representation of women in the Central Bangka Regency legislature. The substantial presence of women in the legislature is very important, not just to complete the seats but as an effort to provide access and authority to women to be able to carry their interests. Political representation does not discuss how many representatives are present in a parliament, but looks at how the process of represented interests can be carried by those who represent them. The presence of women as a council is expected to bring the interests of women, through their role in shaping policies in the fulfillment of fair rights for women. The purpose of this research is to find out the political representation of women and also the obstacles faced by women council members in the legislative body of the Regional People's Representative Council of Bangka Tengah Regency for the 2019-2024 period. The theory used in this research is Hanna Fenichel Pitkin's theory of Representation. The research method in this study is using Qualitative research methods with data collection techniques of observation, interviews, and documentation as supporting data. The results of this study are the political representation of women in the Bangka Tengah Regional House of Representatives based on formal representation, there are 4 female councilors, then descriptive representation is characterized by similarities in gender characteristics and interests, and symbolic representation is seen from the similarity between the identities that represent. Meanwhile, in substantive representation based on the legislative function, the BangkaTengah Regional House of Representatives can be said to be good. This is because there are 4 local regulations agreed upon relating to women and children. The budget function of the council's substantive representation runs very well, this is shown by the increase in the budget every year at DP2KBP3A. The supervisory function based on substantive representation can be said to be good, this is because Central Bangka Regency managed to get the Parahita Ekapraya Award. In addition, there are no significant obstacles faced by women councils in the Central Bangka Regional House of Representatives. This is because they have been on the council for a long time and have the experience to deal with all situations.
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Hagemann, Sara, Sara B. Hobolt, and Christopher Wratil. "Government Responsiveness in the European Union: Evidence From Council Voting." Comparative Political Studies 50, no. 6 (January 12, 2016): 850–76. http://dx.doi.org/10.1177/0010414015621077.
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Are governments responsive to public preferences when legislating in international organizations? This article demonstrates that governments respond to domestic public opinion even when acting at the international level. Specifically, we examine conflict in the European Union’s primary legislative body, the Council of the European Union (EU). We argue that domestic electoral incentives compel governments to react to public opinion. Analyzing a unique data set on all legislative decisions adopted in the Council since 1999, we show that governments are more likely to oppose legislative proposals that extend the level and scope of EU authority when their domestic electorates are skeptical about the EU. We also find that governments are more responsive when the issue of European integration is salient in domestic party politics. Our findings demonstrate that governments can use the international stage to signal their responsiveness to public concerns and that such signals resonate in the domestic political debate.
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Dharmapala, Ario, Sri Anggraini Kusuma Dewi, and Gesang Iswahyudi. "Penguatan Dewan Perwakilan Daerah Terkait Fungsi Legislasi dalam Perspektif Demokrasi Deliberatif." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 4, no. 2 (October 14, 2022): 307–18. http://dx.doi.org/10.37680/almanhaj.v4i2.1865.
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The Regional Representative Council is one of the people's representative institutions in Indonesia. The Regional Representative Council is a regional representative who is elected through general elections. However, in the Indonesian constitution, the 1945 Constitution of the Republic of Indonesia, the position of the Regional Representatives Council is weaker than the House of Representatives. This study aims to emphasize the urgency as well as future arrangements for strengthening the functions of the Regional Representatives Council. The legal issue in this study is the legal vacuum in regulating the legislative functions of the Regional Representatives Council in the perspective of deliberative democracy. This research is a normative legal research using a conceptual approach and legislation. The legal materials used are primary legal materials such as the Constitutions of Indonesia, the Netherlands, America, and Germany. Secondary legal materials include all results of studies and research on people's representative institutions, and non-legal materials are legal dictionaries. The results of the study confirm that the urgency of strengthening the legislative function of the Regional Representatives Council is needed, especially in relation to the theory of deliberative democracy. In addition, in the future it is necessary to amend the constitution to strengthen the position of the RegionalRepresentative Council.
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Chernikova, N. V. "The State Council and Ministers in The Second Half of the 19th Century: Their Collaboration And Confrontation." Prepodavatel XXI vek, no. 3, 2020 (2020): 267–85. http://dx.doi.org/10.31862/2073-9613-2020-3-267-285.
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The legislative process in the Russian Empire fell into two main phases: the law was first developed in the ministries and then discussed by the highest lawmaking institutions, primarily the State Council. Thus, the cooperation of all participants in the lawmaking process was a prerequisite, but it was not always possible to achieve it. Ministries tried to preserve the integrity of their projects, while the Council of State often made significant changes to ministerial submissions in an effort to save them from shortcomings and weaknesses. Throughout the second half of the XIX century confrontation between the heads of departments and the legislative institution was formed in different ways. The analysis showed that during the reign of Alexander II the violation of the legislative process was more frequent and the emperor repeatedly approved bills that were not discussed in the State Council. However, this path did not guarantee the successful implementation of the new law. On the contrary, the changes made to the projects of the State Council were aimed primarily at the workability of government measures. And this justified them in the eyes of ministers and the monarch himself (especially in the reign of Alexander III), ensured their agreement with the Council’s opinion.
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Brezhnev, O. V. "Problems of Organization and Competence of Constitutional (Statutory) Councils of Constituent Entities of the Russian Federation (Case Studies of the Republics of Adygea, Sakha (Yakutia), Bashkortostan)." Actual Problems of Russian Law 18, no. 4 (January 31, 2023): 21–30. http://dx.doi.org/10.17803/1994-1471.2023.149.4.021-030.
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The abolition of constitutional (statutory) courts led to the emergence of new bodies of constitutional control (supervision) in the constituent entities of the Russian Federation — constitutional (statutory) councils operating under the legislative bodies of constituent entities of the Russian Federation. But at the same time, federal legislation only allows for the possibility of the formation of these bodies, without specifying their status in any way. The paper provides a comparative legal analysis of the legislation regulating functioning of constitutional councils of three constituent entities of the Russian Federation, namely, the Republics of Adygea, Sakha (Yakutia) and Bashkortostan where these bodies have already been formed. The main models of the legal status of the constitutional council used by the legislator of the constituent entities under consideration are as follows: they act as an expert advisory body (Adygea), as an institution primarily providing legislative activity in the constituent entity of the Russian Federation, but also empowered in the field of subsequent regulatory control, implemented in connection with citizens’ complaints (Bashkortostan), and as a body carrying out both preliminary and subsequent regulatory control in connection with the appeals of state bodies and officials (Sakha (Yakutia)). The author explains the main problems of the relevant legislative regulation and its implementation. It is concluded that the predominantly advisory nature of the powers of constitutional (statutory) councils, the absence in federal legislation of norms ensuring implementation of their decisions, significantly reduce the effectiveness of these bodies in the field of legal protection of constitutions (charters) of constituent entities of the Russian Federation.
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Anggono, Bayu Dwi, and Rofi Wahanisa. "Corruption Prevention in Legislative Drafting in Indonesia." WSEAS TRANSACTIONS ON ENVIRONMENT AND DEVELOPMENT 18 (January 13, 2022): 172–81. http://dx.doi.org/10.37394/232015.2022.18.19.
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Corruption not only happens in the implementation of legislation or policy (administrative corruption) but also in the process of legislative drafting (state capture). Since the establishment of the Corruption Eradication Commission (KPK), many members of the House of Representatives (DPR), the Regional Legislative Council (DPRD), or government officials have been arrested and convicted of criminal acts due to legislative corruption. In legislative corruption, the actors involved consist of the interest parties and lawmakers. The interest parties attempt to obtain political, economic, and social benefits (supernormal profits) from the formulated legislation. To the same extent, the lawmakers expect the money or other personal benefits from the interest parties in return for the assistance given. Legislative corruption will lead to disorganized policy implementation, loss on the national economy, public distrust of the law-maker institutions, and long-term effect of distrust of law and democracy. Several prevention strategies of legislative corruption can be employed by improving four principles of legislative drafting: management, professionalism, justification, and public participation.
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Abu-Amr, Ziad. "The Palestinian Legislative Council: A Critical Assessment." Journal of Palestine Studies 26, no. 4 (July 1997): 90–97. http://dx.doi.org/10.1525/jps.1997.26.4.00p0009f.
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Kopczyński, Karol. "The Concepts of Jan Kopczyński, President of the Supreme Administrative Tribunal, Regarding the Formation of the Council of State in the Second Polish Republic." Miscellanea Historico-Iuridica 22, no. 1 (2023): 171–99. http://dx.doi.org/10.15290/mhi.2023.22.01.08.
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The paper focuses on a proposal to reform the lawmaking process in the Second Polish Republic through the establishment of a Council of State. The idea of creating a Council of State to improve the quality of legislation was widespread among the Polish legal elite of that time; many representatives of the legal profession presented their ideas in various periodicals. Particularly prominent among the supporters of this concept was the president of the Supreme Administrative Tribunal, Jan Kopczyński, who submitted for discussion by his fellow lawyers several proposals he had prepared for the establishment the Council of State. The paper describes the debate over Kopczyński’s proposals by juxtaposing them with the concepts of other representatives of the legal doctrine of the Second Polish Republic and the solutions that were applied by the government in that period. The ideas for the creation of the Council of State focused on two foreign models. The first was the French Conseil d'État, which combined legislative and administrative-court powers. The second model was the Romanian Legislative Council, whose tasks were strictly limited to legislation, without the administrative-court functions. Jan Kopczyński’s concepts were closer to the Romanian model. Kopczyński submitted three proposals to establish a Council of State, but none of his proposals was implemented. A substitute for the Council of State was to be the Legal Council to the Minister of Justice, established in 1926 by a regulation of the President of the Republic, but it quickly ended its activities encountering both reluctance of the parliament and a frigid reception by the ruling elite. The fact that the Council of State was never established, although it enjoyed widespread approval in the legal community, proves that politics always has the upper hand in a clash with legal idealism.
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Satia, Muhammad Riban, Muhammad Satia, and Muhammad Yusuf. "IMPLEMENTASI FUNGSI LEGISLASI DPRD DALAM PEMBENTUKAN PERATURAN DAERAH (KAJIAN DI BADAN PEMBENTUKAN PERATURAN DAERAH DPRD PROVINSI KALIMANTAN TENGAH)." Pencerah Publik 9, no. 2 (November 19, 2022): 40–49. http://dx.doi.org/10.33084/pencerah.v9i2.4256.
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The legislative function is one of the functions attached to the Regional Representative Council whose main task is to compile regional legal products in the form of Regional Law. The legislative function of this Regional Representative Council needs to be optimized because it is a representation of policy formulation based on the aspirations of the people (bottom-up policymaking).
This study aims to examine how the implementation of the legislative function inherent in the Central Kalimantan Regional Representative Council in the process of forming Regional Law and the obstacles that occured. This study uses qualitative methods with data collection techniques through in-depth interviews and observation.
The results of the study show that the Central Kalimantan Regional Representative Council carries out its legislative function through the stages of forming Regional Law. Some of the problems found in the process of forming the Regional Law were the absence of a Regional Law Needs Analysis. The other obstacles found were: 1) communication problems with other stakeholders; 2) the organizational structure in Regional Representative Council is inadequate in overseeing various fields; 3) the condition of human resources, including the members, staff and experts who still do not support the optimization of the legislative function; and 4) the role of the Regional Law Formation Committee which still does not have a main place in the Regional Representative Council.
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McKeever, David. "Revisiting Security Council action on terrorism: New threats; (a lot of) new law; same old problems?" Leiden Journal of International Law 34, no. 2 (February 26, 2021): 441–70. http://dx.doi.org/10.1017/s0922156521000066.
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AbstractThe devastating events of 9/11 triggered the adoption of Resolution 1373 (2001) by the UN Security Council, a contentious development which was much debated and was widely seen as presaging a new type of activity by the Security Council – legislating for all UN member states. And yet, in the counter-terrorism sphere at least, the Council’s legislative activity in the years following 9/11 was relatively modest. Both quantitatively and qualitatively, that activity has been far exceeded by the Council’s response to the emergence of ISIL in 2014. This more recent activity is of interest beyond the confines of counter-terrorism, but has received far less scrutiny to date. This article will remedy this gap, revisiting, in light of the recent activity, the relative merits and disadvantages of making counter-terrorism law through Security Council resolutions. It makes two main contentions. The first is that – due to some factors which were anticipated in the early 2000s and many which were not – Security Council resolutions on terrorism constitute a distinctive category of international law-making and pose serious challenges for the application of organizing principles and processes of general international law. The second is that, for these reasons as well as doubts as to the necessity and efficacy of recent action, making counter-terrorism law through Security Council resolutions should be the exception rather than the norm.
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Egger, Peter, and Marko Koethenbuerger. "Government Spending and Legislative Organization: Quasi-Experimental Evidence from Germany." American Economic Journal: Applied Economics 2, no. 4 (October 1, 2010): 200–212. http://dx.doi.org/10.1257/app.2.4.200.
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This paper presents empirical evidence of a positive effect of council size on government spending using a dataset of 2,056 municipalities in the German state of Bavaria over a period of 21 years. We apply a regression discontinuity design to avoid an endogeneity bias. In particular, we exploit discontinuities in the legal rule that relate population size of a municipality in order to council size to identify a causal relationship between council size and public spending, and find a robust positive impact of council size on spending. Moreover, we show that municipalities primarily adjust current expenditure in response to a rise in council size. (JEL D72, H72, R51)
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Chervinskaya, A. P. "Demarcation of Legislative Powers between the Chambers of the Bicameral Russian Parliament in the Context of Foreign Experience." Vestnik Povolzhskogo instituta upravleniya 21, no. 2 (2021): 39–45. http://dx.doi.org/10.22394/1682-2358-2021-2-39-45.
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Demarcation of legislative competence of the chambers of the Federal Assembly of the Russian Federation: the State Duma and the Federation Council, is studied. It is concluded that the actual powers of the Federation Council in the legislative process are significantly inferior to the real competence of the State Duma. The experience of foreign countries in the demarcation of legislative competence between the chambers of bicameral parliaments is studied.
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Elyta, Elyta, Syarif Usmulyadi, and Syarif Redha Fachmi Al Qadrie. "Implementation Of Legislation Functions In The Process Of Making Regional Regulations Initiative Of Regional People's Representative Council Of Singkawang City." International Journal of Multidisciplinary Approach Research and Science 2, no. 01 (November 21, 2023): 121–31. http://dx.doi.org/10.59653/ijmars.v2i01.377.
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Implementation of the legislative function in the process of making Regional Regulations initiated of Singkawang City is a process that involves critical steps to create regulations that are relevant and effective for the interests of the local community. The Singkawang City Regional People's Representative Council, as a legislative institution, has a central role in drafting and ratifying regional regulations, which summarize the aspirations and needs of the community. This process begins with identifying problems or conditions that need to be regulated, continues with drafting regional regulations, and involves various stages of public consultation to obtain input from multiple parties. Apart from that, the Singkawang City Regional People's Representative Council is also tasked with evaluating and ensuring the conformity of the draft Regional Regulation with applicable Legislation. Decision to ratify the Regional Regulation reflects joint efforts in formulating policies that accommodate the community's interests. Therefore, transparency, accountability, and public participation are vital in ensuring that every regional regulation produced reflects the real needs of the people of Singkawang City and is by applicable legal norms. Thus, implementing the legislative function by the Singkawang City Regional People's Representative Council is an essential foundation for building a fair and just legal order to improve the welfare of the local community.
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Astapenko, I. V., and N. N. Mazaeva. "Special legislative procedure in EU law: areas of regulation and specifics of interinstitutional cooperation." Juridical Journal of Samara University 7, no. 2 (October 19, 2021): 83–95. http://dx.doi.org/10.18287/2542-047x-2021-7-2-83-95.
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The article is devoted to the issue of cooperation between the institutions of the European Union in the process of adopting legal acts within the framework of a special legislative procedure. Authors analyzed the scope of application of special legislative procedure and ordinary legislative procedure in the EU. It was revealed that the adoption of acts in accordance with one or another type of legislative procedure reflects the dual nature of the European Union, which contains both supranational and interstate principles of legal regulation of various spheres of public relations. The main types of special legislative procedure (consultation, approval) are considered, within the framework of which, in practice, there is intense inter-institutional interaction in the process of developing the final text of the draft act, including through informal consultations and other procedures not directly enshrined in the EU primary law. Although the Council continues to dominate in most cases of the use of special legislative procedure, Parliament nevertheless has relatively wide opportunities to influence the position of the Council. De facto, the expansion of the Parliaments powers within the framework of a special legislative procedure is facilitated by both the position of the EU Court, expressed in a number of decisions on specific cases, and the increased degree of Parliaments influence on the activities of the Commission (which, as a general rule, has the right to initiate legislation), enshrined in the provisions of the constituent agreements.
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Radko, Timofey N., and Varvara A. Nazaykinskaya. "Review on the book: Bondarchuk, I. V., Butkevich, O. V., Rudenko, A. V. et al. (2020) Rule-making process in the Republic of Crimea and Sevastopol (based on materials of 2019): a textbook for masters. Simferopol, Arial publishing house." RUDN Journal of Law 26, no. 1 (March 24, 2022): 236–43. http://dx.doi.org/10.22363/2313-2337-2022-26-1-236-243.
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The review analyzes the content of the textbook Rule-making process in the Republic of Crimea and Sevastopol, prepared by a team of authors representing not only Crimean universities that provide training in the areas 40.04.01 Jurisprudence and 38.04.04 State and municipal government, but also directly involved in the legislative process. It is emphasized that this is the third book in a series of publications based on the annual reports of the State Council of the Republic of Crimea and reports of the Legislative Assembly of the city of Sevastopol on the state of regional legislation. The authors point to a well-grounded combination of theoretical and practical foundations of rule-making activity in the constiuents of the Russian Federation under study. It is noted that the cycle of publications based on legal monitoring of the legislative activities of the State Council of the Republic of Crimea and the Legislative Assembly of the city of Sevastopol is successfully combined with a theoretical review of issues related to the preparation of draft laws. These facts make the manual a useful source not only for undergraduate students, but also for all specialists working in the field of regulatory activity.
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Shikher, Natalya D. "Political Implications of Orthodox Identity: An Example of the World Russian People’s Council." RUDN Journal of Political Science 23, no. 4 (December 15, 2021): 600–613. http://dx.doi.org/10.22363/2313-1438-2021-23-4-600-613.
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The article examines the conceptual ideas of the World Russian Peoples Council, acting under the auspices of the Russian Orthodox Church, regarding the implementation of the right to freedom of conscience and the status of religious associations in Russia. Furthermore, the speeches of heads of the states at the Councils were studied for their attitude to the ideological content of the activities of this organization. On the basis of the data obtained, the author attempts to find a correlation between the proposals voiced at the Councils on changing certain aspects in the religious sphere and the reforms of the Russian legislation on freedom of conscience. As a result of this study, a striking coincidence was revealed between the two factors mentioned: the provisions discussed at the Councils, as a rule, after some time were reflected in Russian normative legal acts. Not having sufficient grounds for declaring an unambiguous causal relationship between conciliar ideas and legislative reform, one can, in any case, assume a significant impact of the activities of the World Russian Peoples Council on the state policy in implementation of the right to freedom of conscience in modern Russia.
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Qadir, Adnan. "The Judicial Review of Law-Making Process in Iraq under the Constitution of Republic of Iraq-2005." ISSUE SIX 4, no. 6 (June 30, 2020): 37–49. http://dx.doi.org/10.25079/ukhjss.v4n1y2020.pp37-49.
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The law-making process as a whole vested in the legislative power in the presidential form of government, however in the parliamentary form of government, the executive power participates in the law-making through introducing bills along with legislative initiatives. The Constitution in Iraq grants an original authority to legislate federal laws to the Council of Representatives, however the executive power namely the President and the Council of Ministries participates in the process through introducing government bills to the Council of Representatives. Although the Constitution clearly identifies two methods through which bills shall be presented to the Council of Representatives, there have been disagreements over the constitutionality of laws legislated based legislative initiatives not government bills. The Federal Supreme Court has decided differently on different occasions by depriving the legislative power of its right to initiate in some cases or by putting restrictions in some other cases. This research analyzes the line drawn between the Council of Representatives and the executive power in the process of law-making at its first stage and then examines the Federal Supreme Court’s understanding in the light of the text of the Constitution.
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Vos, J. A. "World Legislation as Deliberation about the Common Good of International society." International Organizations Law Review 8, no. 1 (2011): 241–51. http://dx.doi.org/10.1163/157237411x601589.
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AbstractThis contribution describes how the phenomenon of world legislation by the Security Council highlights the interrelationship between the entrustment of the common good of international society and a concentration of legislative and executive powers in an organ of an international institution. The notion of the trias politica seems unsuitable to address this dichotomy, in so far as the practice of the Security Council may be analyzed in policy, legislative and executive terms. Seeking to contain these powers through other international organs evokes the specter of the super-State, consistently rejected in ICJ jurisprudence. The contribution ends by suggesting how deliberative and representative aspects may direct us to seeing the action of both organs of international institutions and the members of international society as informing the common good of international society.
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Melati, Dwi Putri, Nikmah Rosida, and Heni Siswanto. "Evaluation and Strategy: Strengthening Indonesia Council of Representatives of the Regions." International Journal of Criminology and Sociology 10 (November 26, 2021): 1515–22. http://dx.doi.org/10.6000/1929-4409.2021.10.173.
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The Council of Representatives of the Regions emerged through the 1945 Constitution third amendment. The Council of Representatives of the Regions intended to represent regional interests and regional society in the central legislation making processes and products, to perform checks and balances principle on The People’s Representative Council which is a political representation that brings and struggles the aspirations and interests of political parties at the central level. The Council of Representatives of the Regions also acts as a guardian of decentralization and regional autonomy. The most fundamental problem for The Council of Representatives of the Regions is its institutional weaknesses. In legislation weaknesses terms, budgeting, and supervision have affected The Council of Representatives of the Regions in maximizing its performances. The Law regarding Indonesia Legislative Branch does not mandate legislation as The Council of Representatives of the Regions tasks. This provision can not be used as a guideline to describe the scope of duties, which are the limits of their authority in The Council of Representatives of the Regions order. On the other hand, after the Constitutional Court Decision Number 92/PUU-X/2012 and Number 79/PUU-XII/2014 issued, the relations that were later present were the three-party discussion model of The People’s Representative Council-The Council of Representatives of the Regions-President (Tripartite). Based on those facts, this article focuses on the evaluation of 15 years of The Council of Representatives of the Regions establishment and strategy to strengthen it.
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Alfatlawi, Ahmed Aubais. "Accountability of ISIS For Mass Violations Against Iraqi Women: Study In The Iraqi Criminal Framework." Akkad Journal Of Law And Public Policy 1, no. 4 (March 18, 2022): 156–71. http://dx.doi.org/10.55202/ajlpp.v1i4.83.
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Several questions remain unanswered in light of the heinous crimes against women committed by ISIS in Iraq. This article will examine Iraq's current criminal framework to see if prosecutions for these violations were appropriate in light of international criminal law principles and the security council measures taken after ISIS took control of Mosul and other areas in Iraq in 2014. As an illustration of the kinds of topics we will cover in this paper: Is the Iraqi criminal justice system capable of investigating and holding ISIS accountable? Why did the Iraqi government make a request to the Security Council for help in 2017 if the reaction is positive? In light of what Iraqi women have been subjected to for three years now? While Iraq's criminal framework may have a legislative vacuum or contradiction, why did the Council of Representatives of Iraq not address these issues in its legislative policy, either by amending current legislation or drafting a new law to prosecute crimes like genocide or crimes? Against humanity, in the first place?.
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Dąbrowska, Anna. "Influence of the Law of the Council of Europe on Substantive Administrative Law in Poland. Selected Issues." Studia Iuridica Lublinensia 29, no. 1 (March 29, 2020): 67. http://dx.doi.org/10.17951/sil.2020.29.1.67-83.
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<p>Legislative powers of the Council of Europe have a crucial impact on the domestic legal systems of the EU Member States including substantive administrative law, i.e. such an area of administrative law which defines rights and responsibilities of the public administration bodies and citizens. The legislation created by the Council of Europe’s bodies has a great impact on the areas of law which were earlier regarded as the exclusive responsibility of a given country. The Council of Europe has always been a major source of standard setting. This paper analyses selected areas of substantive administrative law taking into account hard law and soft law documents developed under the auspices of the Council of Europe.</p>
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Seehausen, Jesper. "The ‘Rebirth’ of the EU as an Audit Legislator." European Business Law Review 32, Issue 2 (April 1, 2021): 355–88. http://dx.doi.org/10.54648/eulr2021013.
Full textAbstract:
In April 2014, important new audit legislation was adopted by the European Parliament and the Council, i.e. the 2014 Auditing Directive and the PIE Regulation. In the author’s opinion, the role of the EU as an audit legislator has significantly changed over time. More specifically, the new audit legislation indicates the ‘rebirth’ of the EU as an audit legislator. The article focuses on the role of the EU as an audit legislator, even though the EU also has an important role to play as an accounting legislator. The most important legislative acts when it comes to EU audit legislation are discussed. A number of important trends in EU audit legislation are also identified and discussed. These include an increased legislative focus on Public-Interest Entities (PIEs), a change from a ‘directive only’ to a ‘directive and regulation’ legislative paradigm, a legislative change from the ‘periphery’ to the ’core’ of auditing, ‘codification’ of provisions from the International Standards on Auditing (ISAs) in EU legislation as well as a discussion on a possible EU adoption of the ISAs. Auditing, audit legislation, 8th directive, green paper, financial crisis, auditing directive, pie regulation, public-interest entities (pies), international standards on auditing (ISAs)