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1
MacEwen, Martin. « Anti‐Discrimination law in Great Britain ». Journal of Ethnic and Migration Studies 20, no 3 (avril 1994) : 353–70. http://dx.doi.org/10.1080/1369183x.1994.9976434.
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Prakke, Lucas. « Swamping the Lords, Packing the Court, Sacking the King ». European Constitutional Law Review 2, no 1 (février 2006) : 116–46. http://dx.doi.org/10.1017/s1574019606001167.
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Three great constitutional conflicts — Great Britain: Commons v. Lords — Parliament Act 1911 — United States: President v. Supreme Court over New Deal — Court Packing plan Belgium: King v. conscience — Democracy wins in each of these cases.
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Malik, Maleiha. « ‘Modernising Discrimination Law’ : Proposals for a Single Equality Act for Great Britain ». International Journal of Discrimination and the Law 9, no 2 (décembre 2007) : 73–94. http://dx.doi.org/10.1177/135822910700900202.
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Lungu, E. V. « Constitutional Legal Relations Constructs in the Law of Germany, Great Britain and France ». Lex Russica 76, no 2 (2 mars 2023) : 113–21. http://dx.doi.org/10.17803/1729-5920.2023.195.2.113-121.
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The science of constitutional law lacks universal theoretical approach to constitutional legal relations; each state independently determines the goals, object and subject of constitutional legal relations. At the same time, the same subjects in different conditions existing in different national legal systems can act as objects and subjects of legal relations. The constitutional legal relations constructs under consideration do not consider a nation as an equal participant in these legal relations. Their role in all of the presented constructs is limited both in terms of the circle of persons and the possibilities to enter into constitutional legal relations as a subject. It can be argued that, despite the difference in approaches to the object and subject composition of legal relations, in Germany, Great Britain and France, such legal relations between public authorities can exist only in a normally developing state (a state that is not under pressure from any crisis or epidemic).The author draws her conclusion based on an analysis of the basic constructs of legal relations, which in Russian legal science are usually referred to as constitutional legal relations. The author’s choice of constructs developed in Germany, Great Britain and France is due to the wide spread in the world of scientific views formed within the framework of the national scientific schools of these states, as well as the influence of the philosophy of law of Germany and France on the formation of constitutional legal relations in Russia.The author pays special attention to the prevalence of Karl Schmitt’s views on the formation of constitutional legal relations in Europe and North America in terms of intolerance of dissent, the assumption of constitutional dictatorship, the strengthening of executive power at the expense of the legislature.
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Bishop, Jonathan. « The art of trolling law enforcement : a review and model for implementing ‘flame trolling' legislation enacted in Great Britain (1981–2012) ». International Review of Law, Computers & ; Technology 27, no 3 (novembre 2013) : 301–18. http://dx.doi.org/10.1080/13600869.2013.796706.
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Suciu, Silvia. « Afacerea artei. Piața de artă în Marea Britanie în secolele XVII -XVIII ». Anuarul Muzeului Etnograif al Transilvaniei 35 (20 décembre 2021) : 105–45. http://dx.doi.org/10.47802/amet.2021.35.06.
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While the royal houses and the aristocracy of Italy, Low Countries, France and Spain had already an history in collecting pieces of art, Great Britain adopted this “fashion” only under Charles the 1st reign, in 17th century. Charles the 1st understood that his painted portraits, sculpted busts and a royal collection of art could bring a higher value to his royal status and this practice was representing the power, the authority and the virtues of a king. He was a prodigious collector and made numerous acquisitions of paintings and statues. He collected the artworks of more than 1750 artists; that formed the basis of Royal Collection, the greatest private collection nowadays. The reign of Charles the 1st was highly significant for the appearance of “Court Painters”, who also had the quality of diplomats at various European courts. Peter Paul Rubens and Antoon Van Dyck have been highly appreciated at the court of Charles the 1st. In his artworks Van Dyck captured the “flamboyant” spirit of the time; he gave brilliance to his characters and transformed significantly the image of the King, providing him a special refinement, as it can be seen in the portraits he painted to Charles the 1st. The next century was marked by painters such as William Hogarth, Joshua Reynolds and Thomas Gainsborough. Hogarth was considered „the most famous painter in London”, and he brought his important contribution to the establishment of a copyright law. His printed graphic series and satirical paintings have been inspired from the social and political reality of his time. Aristocracy’s and bourgeoisie’s emancipation in the 18th century led to the flourishing of the portraiture. Reynolds and Gainsborough were the most desired painters when it came about making portraits and their fame transcended their time. Keywords: collection, Great Britain, Royal Painter, portrait, art power
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Bogdan, V. V., E. V. Chernykh et R. W. Khalin. « CONSEQUENCES OF BRexIT FOR CONSUMERS AND LEGISLATION FOR THE PROTECTION OF CONSUMERS 'RIGHTS IN GREAT BRITAIN ». Proceedings of the Southwest State University 22, no 1 (28 février 2018) : 204–10. http://dx.doi.org/10.21869/2223-1560-2018-22-1-204-210.
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This article considers one of the topical issues of the development of legislation on consumer rights protection in the European Union countries in connection with Great Britain’s withdrawal from EU. European legislation on the protection of consumer rights has a number of features since all participants at the very beginning of the EU’s existence pledged to share responsibility for enacting legislation that protects consumer rights. The authors dwell on the problems of consumer rights protection in the UK, the consolidation of the legislation on consumer rights protection, and the models for building relations between the UK and EU: British membership in the European Economic Area (EEA); relations only within the framework of the World Trade Organization (WTO); cooperation, built on individual terms. In the study, the authors used analytical and formal-legal methods, the method of abstraction which made it possible to formulate conclusions on the conducted research. The authors come to the conclusion that there are strong relations between the rules of the Institute for the Protection of Consumer Rights of Great Britain and the legislation of the EU, so no major changes are currently expected. The Law "On the Rights of Consumers" not only introduced colossal changes in the national English legislation, but also summarized various aspects of consumer legislation in one legislative act. Such consolidation of consumer law in the UK has proved to be one of the most complex and promising legislative acts within the EU. Currently, it is difficult to predict the consequences of the UK’s exit from the EU for consumers and business, not knowing the scenario of the development of transitional or future relations with the EU. Undoubtedly, the next two years of the transition period will be difficult, since the decisions will be made by 27 EU countries without the participation of Great Britain.
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Гречан, Алла, et Артем Коба. « ОСОБЛИВОСТІ ФОРМУВАННЯ МЕХАНІЗМУ ПІДВИЩЕННЯ МОТИВАЦІЇ ОПЛАТИ ПРАЦІ ПРАЦІВНИКІВ ПІДПРИЄМСТВ ». Automobile Roads and Road Construction, no 112 (30 novembre 2022) : 309–15. http://dx.doi.org/10.33744/0365-8171-2022-112-309-315.
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The article analyzes the peculiarities of remuneration of employed persons in the business sector. Compliance of "pay indicators" with the legislative basis of Ukraine - in particular, the Code of Labor Laws of Ukraine No. 322-08 dated 07.23.1996 (ed. dated 08.19.2022) and the Law of Ukraine "On Remuneration" No. 108/95 was determined - VR from 03/24/1995 (edited from 08/19/2022). The social, humanitarian, political and legal orientations of "labor remuneration" in the domestic doctrine of labor are outlined. The genesis of the right to work in Ukraine is analyzed in accordance with the provisions of Art. 43 of the Basic Law of the Constitution of Ukraine. The philosophical and terminological context of the "employer-employee" relationship is considered. The positive and negative aspects of the payment of an employment contract (TD) and a civil law agreement (CPU) are determined in accordance with the labor legislation of Ukraine and the provisions of the Civil Code of Ukraine No. 435-IV dated 16.01.2003 (edited from 01.08.2022). An analysis of the mechanisms for increasing the wages of workers in the developed countries of the world – the EU, the USA, Great Britain, etc. – was carried out. In particular, the precedents of the formation of "salary policy" by the ETUC (European Trade Union Confederation) among the 27 EU member states, the mechanisms for increasing wages and establishing the minimum (marginal) permissible limits of labor remuneration in accordance with the policy of the US Department of Labor (U.S. Department) are outlined. of Labor), features of the formation of the wage and salary policy of Great Britain, which is directed and coordinated by the National Economic Council (National Economic Council). Features of employee stimulation by increasing wages are described. The phenomenon of "work-life balance" (the balance of work and personal life) and the payment policy of enterprises as the root cause of its generation have been studied. The mechanisms of trade union protection of an employed person against systematic violations of labor legislation are outlined –– in Ukraine, the EU, the USA and Great Britain, respectively. The relationship between remuneration and the level of personal motivation of the employee has been proven. The definition of the "job satisfaction scale" (job satisfaction scale) as a psychological constant characteristic of the research-management doctrine of the USA is singled out.
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Baker, Aaron. « A Tale of Two Projects : Emerging Tension between Public and Private Aspects of Employment Discrimination Law ». International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (1 décembre 2005) : 591–627. http://dx.doi.org/10.54648/ijcl2005028.
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Abstract: Zeal for curing the public ill of discrimination can lead to approaches that ignore the more private concerns of individual victims of discrimination. This article explains that the forward-looking project of changing society to eliminate inequality is quite a different project from that of providing accessible and effective individual remedies for discrimination victims. To that end, the nature and divergence of these two projects is described in abstract terms, and then concretely illustrated by reference to US employment discrimination law, where a clear conflict has evolved between the two. The article then traces the development of anti-discrimination law in Great Britain, and the subtly emerging tension between the two projects here. Finally, the article assesses the contemporary discourse on reform of equality law in Britain, and suggests how a new single equality act might drive for social change without eroding the benefits of the existing system for individual dispute resolution.
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Reid, Jean Margo. « LEGAL ACCEPTANCE OF ACCOUNTING PRINCIPLES IN GREAT BRITAIN AND THE UNITED STATES : SOME LESSONS FROM HISTORY ». Accounting Historians Journal 15, no 1 (1 mars 1988) : 1–27. http://dx.doi.org/10.2308/0148-4184.15.1.1.
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This paper examines and contrasts nineteenth century case law in Great Britain and the United States in which courts had to decide whether to accept accounting concepts having to do with making provisions for depreciation, amortization and depletion. It should be emphasized that the courts were not arguing about accounting theory, per se; they were deciding particular disputes, which depended on the meaning in each case of pro its. By 1889, when Lee v. Neuchatel Asphalte Company was decided, British courts had rejected accepted fixed asset accounting conventions in determining profits in tax, dividend, and other cases while United States courts accepted these conventions, except in the case of wasting asset companies. This historical contrast is of particular interest because a recent reversal of these countries legal stances has occurred through legislation. In the United States, the Revised Model Business Corporation Act and the legislatures of several states have now rejected accounting concepts of profit as the legal test for dividends and other shareholder distributions. The reasons for this rejection appear to be similar to those used by the British Court of Appeal nearly 100 years ago. In Great Britain, on the other hand, the 1980 Companies Act reverses much of the Lee case and places on accountants new responsibilities for determining whether company distributions to shareholders would violate the capital maintenance provisions of the act.
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Magnusson, Jennie. « A Question of Definition – The Concept of Internal Armed Conflict in the Swedish Aliens Act ». European Journal of Migration and Law 10, no 4 (2008) : 381–409. http://dx.doi.org/10.1163/157181608x376863.
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AbstractFleeing the horrors of an internal armed conflict constitutes a ground for subsidiary protection under the Qualification Directive and in the Swedish Aliens Act. However, what is to be defined as such a conflict is disputed. This is obvious within the European context from the inconsistent interpretations of for example the situation in Iraq amongst Member States. In Sweden, the Migration Court of Appeal established the situation in Iraq as severe, but as not amounting to an armed conflict. In France and Great Britain however, Iraq is regarded as such a conflict. The argument of this article is that the concept of internal armed conflict in the Swedish Aliens Law is incoherent and inadequate. This is due to the fact that the Swedish interpretation is based upon international humanitarian law, a law which provides an unclear and anachronistic concept of internal armed conflict.
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Saunders, Cheryl. « Australian Federalism and the Role of the Governor-General ». International Journal of Legal Information 28, no 2 (2000) : 407–23. http://dx.doi.org/10.1017/s0731126500009185.
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Australia is both a federation and a constitutional monarchy. The Commonwealth of Australia Constitution Act 1900, which made the Australian Constitution law, refers to the establishment of the federation “under the Crown of the United Kingdom of Great Britain and Ireland.” In fact, however, since 1973, the appropriate style of the monarch in relation to Australia has been “Queen of Australia.” And ever since federation, the monarch has been represented in Australia by a Governor-General, who progressively has acquired a more significant role, in parallel with the acquisition of Australian independence.
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Parks, W. Hays. « The Protocol on Incendiary Weapons ». International Review of the Red Cross 30, no 279 (décembre 1990) : 535–50. http://dx.doi.org/10.1017/s0020860400200089.
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From the time that man discovered fire and devised ways to use it as a tool for survival and advancement, it also has been employed as a weapon for destruction. Sun Tsu's The Art of War (500 B.C.) refers to incendiary arrows, while Thucydides’ The Peloponnesian War describes a flame weapon used by the Spartans in 42 B.C. Edward Gibbon, in The Decline and Fall of the Roman Empire, ascribes Roman success at Constantinople (1453 A.D.) to “Greek fire,” ignited naptha mixed with pitch and resin and spread upon the surface of the water. Great Britain employed Greek fire almost five centuries later as a defence along its coastlines in anticipation of an invasion in 1940.In the European wars of the 16th and 17th centuries, armies employed compulsory taxation of the countryside in lieu of looting to finance their activities. A defaulting town would have some of its buildings burned, leading to the tax being referred to as Brandschatzung, “burning money.” This practice became widespread during the Thirty Years war.
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Brown, Ian, et Rob Brannen. « When Theatre was for All : the Cork Report, after Ten Years ». New Theatre Quarterly 12, no 48 (novembre 1996) : 367–83. http://dx.doi.org/10.1017/s0266464x00010551.
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By the mid 'eighties, the Thatcher government's public funding restrictions had taken a firm hold, leading to a now familiar position of crisis theatre management. In 1985, under pressure from the profession, the Arts Council of Great Britain commissioned an independent enquiry, the first for sixteen years, to evaluate the needs of the publicly funded theatre and to determine funding priorities. Although the resulting Cork Enquiry was seen by many at the time as a cost-cutting exercise, eight months intensive research and evidence-taking led to a carefully constructed case for a funding increase against an estimated shortfall of up to £13.4 million – and also produced a broad vision of the nature of theatre in England. It is now ten years since the Cork Enquiry delivered its report, with the aim of ensuring the healthy development of an art form placed under severe financial constraint. Here lan Brown and Rob Brannen, Secretary and Assistant Secretary to the Enquiry, provide insight into the Enquiry's setting-up, its process, and formulation of recommendations. In the light of recent consultation exercises, they examine the nature and function of such reports alongside the long-term impact of the Cork Enquiry. lan Brown was Drama Director of the Arts Council of Great Britain from 1986 to 1994, and is now Professor and Head of the Drama Department at Queen Margaret College, Edinburgh. Rob Brannen is a Senior Lecturer in Drama at De Montfort University, Bedford.
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Paunović, Dragan. « Complicity in the common law system : General characteristics ». Bezbednost, Beograd 63, no 2 (2021) : 171–92. http://dx.doi.org/10.5937/bezbednost2102171p.
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Complicity in the common law system has been subject of different practices in different countries for many years. It is unlike the practice in the majority of continental criminal justice systems. However, the court practice and principles established over time in certain countries have had greater effects than in some other countries using the same system. English common law practice is an example. It is the common law system with the strongest influence. Its practice regarding complicity was established a long time ago in 1861 Accessories and Abbettors Act that was the main law regulating this issue for over a hundred years. Besides very well-established actus rea elements, the main mens rea condition for complicity was a perpetrator's purpose or knowledge of the main criminal act. During 1985, the complicity concept was changed with the final judgment in the case "R v Jogee (Appellant) and Ruddock (Appellant) v The Queen (Respondent) (Jamaica)." The point of this reform was the "joint criminal enterprise" concept that was based on the "foreseeability standard" that made an accomplice responsible even for crime acts that were outside the "common plan or the purpose". After 30 years of implementation, the case of Privy Council Chang Wing-Siu v The Queen reset the complicity doctrine again and got it back to its traditional principles claiming "foreseeability standard" unconstitutional. Due to the importance of the common law system in Great Britain for other countries applying the same system, some of them, including Australia and Jordan, accepted the same complicity principles as Great Britain. Both of the mentioned systems adopted the "joint criminal enterprise" concept, but they developed it within their national criminal laws demanding extra responsibility claims for the accomplice. Unlike them, the US common law is characterized by other elements. Among them, the main ones are its inconsistency in terms of different practices at the state and at the federal level, as well as the lack of codification relating to many criminal law principles, including the complicity doctrine itself. These issues and problems have been a subject of interest of many scholars and practitioners in the common law system. The common denominator of their remarks regarding the problem is the need for a comprehensive reform of the current criminal law regulations and practices. Model Penal Code was a partially successful attempt of such needs but with limited effects. Taking in consideration all problems that exist regarding the complicity doctrine in the common law system, it seems further reforms and codifications of the complicity doctrine are the best way out of the current confusion where this doctrine seems to be stuck.
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Robertson, Diana C., et Bodo B. Schlegelmilch. « Corporate institutionalization of ethics in the United States and Great Britain ». Journal of Business Ethics 12, no 4 (avril 1993) : 301–12. http://dx.doi.org/10.1007/bf01666534.
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Balliu, Henris. « Comparative Review of Tax Systems in the Republic of Albania and Great Britain ». European Journal of Economics and Business Studies 4, no 2 (1 août 2018) : 166–70. http://dx.doi.org/10.2478/ejes-2018-0049.
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Abstract The taxation system is most certainly one of the main pillars of economic development towards sustainable growth.The aim of this paper is to critically assess the importance of an effective Tax System, its impact on the Albanian economy. Furthermore we shall outline a comparison of the Albanian Tax system to that of the United Kingdom. At this time a number of very important reforms are being undertaken by the government of Albania in light of future integration towards the European Union.The overview on the United Kingdom has the aim to enlighten the path on what should be our focus while building a Tax System that can help economic growth, to that effect Great Britain as a country of a stable and strong economy can be of example.Many differences can be noticed between the United Kingdom tax system and the Albanian one. This fact is simple to be accepted as Britain is one of the world superpowers, while the Albanian economy is a developing one. The tax systems in these two countries, the development history, application of VAT or Income Tax have had very different processions.The United Kingdom has one of the most voluminous Tax Acts in the world. The international company of legal research “LexisNexis” discovered that the Acts of Parliament on Taxation in the United Kingdom have more than doubled since 1997. The annual amendments to taxation are part of the Finance Act which has the power to change norms and principles of taxation as previously defined. Taxation in the United Kingdom usually includes payments for central government agencies called Her Majesty’s Revenues and Incomes and local councils. Local Councils collect a tax called business norms from businesses. The Albanian Taxation System consists of a packet of laws, regulations, guidance and tax agreements, on the procedure of application, measure, amendment and removal of taxes.Taxes are the main source of income in the state budget and the local government budget and the foundation of the whole Albanian tax system. In conclusion, we shall analyze the impact of the frequent changes to Taxation Law within the Albanian system and the challenges faced in light of this changes in terms of implementation and application.
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Kennett, Wendy. « I. Jurisdiction ». International and Comparative Law Quarterly 48, no 4 (octobre 1999) : 966–69. http://dx.doi.org/10.1017/s002058930006379x.
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The well established rule that an overseas company that establishes a place of business in Great Britain and does not provide an address for service can be served with process at that place of business1 was thrown into confusion by the insertion into the 1985 Companies Act of several new provisions including a new section 694A(2) which provides that process may only be served on a branch “in respect of the carrying on of the business of the branch”.2 The new rules did not purport to change the situation in relation to a place of business falling short of a branch, and thus created the anomaly that it was apparently easier to serve a place of business than a branch. The proper interpretation of these rules arose in Saab v. Saudi American Bank (Court of Appeal, 2 July 1999).3 Before the case was heard by the Court of Appeal, the new Civil Procedure Rules entered into force on 26 April 1999. Under Part 62(2):A company may be served by any method permitted under this Part as an alternative to the methods of service set out in—(a) section 725 of the Companies Act 1985 (service by leaving a document at or posting it to an authorised place);(b) section 695 of that Act (service on overseas companies); and(c) section 694A of that Act (service of documents on companies incorporated outside the UK and Gibraltar and having a branch in Great Britain).Under Part 6.5(6) where a party has not given an address for service, a document may be served on a company not registered in England and Wales at “any place of business of the company within the jurisdiction.”
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Makarov, Egor P. « The Historical Meaning of the Molasses Act 1733 in the Political and Economic Life of Virginia in the XVIII Century ». History of state and law 5 (20 mai 2021) : 61–67. http://dx.doi.org/10.18572/1812-3805-2021-5-61-67.
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The article is devoted to the study of the Molasses Act, adopted by the British government in 1733. Analysis of the political and economic context of the adoption of this normative act makes it possible to study the features of the formation and development of the economy of the American colonies of Great Britain. Historical example of Virginia in the middle of the 18th century helps in studying the characteristics of the region and examining the practice of enforcement of British law in the colonies. The study of historical events related to the reaction of the American colonial community to the adoption of the designated law allows us to detail the organizational and legal forms of British government policy at the local level. This issue is also important from the point of view of studying the growth of radical sentiments in the colonies, strengthening the tendencies of separatism and joining the struggle for independence.
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Musiewicz, Piotr. « Krytyka nowego prawa o ubogich w ujęciu ruchu oksfordzkiego (1833‑1845) ». Politeja 15, no 55 (22 mai 2019) : 57–75. http://dx.doi.org/10.12797/politeja.15.2018.55.04.
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The Oxford Movement’s Critique of the Poor Law Amendment ActThe paper presents a short history of poor laws in England and Great Britain, the content and justifications of the Poor Law Amendment Act (1834), general characteristics of the Oxford Movement and its main political ideas, the state of contemporary research on the topic, and finally the Movement’s approach to the new Poor Law. This approach – the Oxford Movement’s critique – has been reconstructed into three main groups of arguments. In the first group there are arguments pointing out why a state’s responsibility, and state-organised system of poor relief, is to be irrelevant and why the Church should play a far greater role in this field. The second group of arguments underlines the impracticality of centralisation in the system and proposes the major role of the local units in poor relief, as well as more ‘personal’ approach to the poor, also by reforming workhouses. The third group of arguments undermines the liberal (and Puritan) idea of solely individual responsibility for one’s poverty and destitution – an idea underlying the new Poor Law.
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VanSant, Camey. « “Duteous Bonds” : Daniel Deronda and the 1870 Naturalization Act ». Victorian Literature and Culture 50, no 3 (2022) : 489–519. http://dx.doi.org/10.1017/s1060150320000455.
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This essay reads George Eliot's Daniel Deronda (1876) in dialogue with mid-Victorian debates on British nationality law, illuminating the larger questions of nationality and community that Eliot considered throughout her career. The 1860s, the decade in which the novel is set, witnessed a transformation in the law of subjecthood that culminated in the Naturalization Act (1870). In the lead up to the act, officials reconsidered the doctrine of “indelible allegiance” and debated whether and how the legal status of a subject should reflect an individual's choice and commitments. In the novel, Eliot approaches these issues by examining nationality as an individual experience in addition to a philosophical issue. For example, although both Sir Hugo Mallinger and Mordecai Cohen are British subjects, Mordecai's identity as a Jew conflicts with his legal status—to his great distress. Eliot uses Mordecai's proposal for a Jewish state to engage with an alternative form of national identity: one in which legal identity aligns with cultural and ethnic indices. In tackling these issues, Eliot exposes the complications and contradictions of national identity, showing how nationality law functions as a battleground for larger conflicts over the fate of nationality, both in Britain and beyond.
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Corby, Susan, Pete Burgess, Armin Höland, Hélène Michel et Laurent Willemez. « Lay and Professional Judges in Europe’s Labour Courts : Does the Professional Judge Dominate ? » Industrial Law Journal 49, no 2 (23 août 2019) : 231–57. http://dx.doi.org/10.1093/indlaw/dwz012.
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Abstract Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a professional judge and two or more lay judges, the latter with experience as employees or employers/managers. The lay judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the professional judge, despite being in a minority, dominate? This article seeks to address this question by focussing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that professional judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that professional judge dominance varies according to the country’s institutional context and the salience of lay judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay judges were more prepared to challenge the professional judge than others, whereas others observed that some professional judges were more inclusive than others.
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Miller, Kenneth. « The American Employment-at-Will Doctrine and its Impact upon Employee Rights ». Edinburgh Law Review 5, no 2 (mai 2001) : 169–85. http://dx.doi.org/10.3366/elr.2001.5.2.169.
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In Great Britain protection against arbitrary dismissal is almost taken for granted. The protection has been in existence for nearly thirty years and the basic rules are fairly straightforward and reasonably well known. The British position is not dissimilar to that enacted in other countries and is consistent with international standards. It is surprising to discover, therefore, that the world's most powerful state, the United States, lacks universal and coherent laws on dismissal. To be sure protections are available in the unionised sector through grievance arbitration, and there are federal and state statutes which provide extensive protections against discrimination at the workplace. Otherwise, workers faced with dismissal have to rely on the American common law, which is even less protective than the common law of England and Scotland. This article examines the present common law position in the United States as represented by the employment-at-will doctrine and considers both judicial and statutory developments to extend protection against dismissal. It concludes that the Model Employment Termination Act may provide the necessary impetus for change at state level.
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Danel, Łukasz. « Prawno-konstytucyjne implikacje wystąpienia Wielkiej Brytanii z Unii Europejskiej – perspektywa brytyjska ». Politeja 15, no 54 (10 février 2019) : 163–73. http://dx.doi.org/10.12797/politeja.15.2018.54.11.
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Legal and Constitutional Implications of the United Kigdom’s Withdrawal From the European Union – the British PerspectiveThe article is dedicated to the issue of legal and constitutional implications of Brexit seen from the perspective of United Kingdom of Great Britain and Northern Ireland. The author advances a thesis that the withdrawal from the European Union will be the most complicated legal operation in the history of the British state as for more than 40 years United Kingdom has been a part of European Communities (today’s European Union) which affected greatly the British legal system. In order to prove the thesis the author analyses the political and legal discussion around the European Union (Withdrawal) Bill 2017‑2019 that is supposed to repeal the European Communities Act 1972 and transpose the existing EU Law into UK law. The bill is controversial – especially the provisions known as Henry VIII clauses that create special powers for the government to make secondary legislation.
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Шерстобоев, Олег, et Oleg Sherstoboev. « The Doctrine of Proper Judicial Protection in Administrative Law (on the Example of Expulsion of Foreign Nationals) ». Journal of Russian Law 2, no 2 (20 janvier 2014) : 68–79. http://dx.doi.org/10.12737/2241.
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Proper judicial protection is an aggregate of legal norms, principles, doctrines that allow maximum guarantee for fair treatment of an administrative dispute, in particular, relating to expulsion of foreign nationals. Among basic means that guarantee a proper settlement of a dispute, one can name the right to appeal the act of public administration, the right to independence of a body, considering the case, the right to qualified legal assistance, competition, completeness of supervision. The author of the article reviews standings of the European Court of Human Rights, as well as the legislation and practice of the USA, Great Britain, Germany and Russia on the issue of judicial protection of foreign nationals, deported from their territory. As a result of the analysis, the author outlines three models of the provided judicial protection: limited, selective and complete. Each model has its pluses and minuses, but from a theoretical point of view the best variant is a complete model of judicial protection.
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Brazier, Rodney. « The Constitution of the United Kingdom ». Cambridge Law Journal 58, no 1 (mars 1999) : 96–128. http://dx.doi.org/10.1017/s0008197399001063.
Texte intégralRésumé :
BEFORE the dawn of the millennium new legislative and executive authorities will have been established in Edinburgh, Cardiff and (subject to further political and other progress) in Belfast. This article analyses the nature of these constitutional initiatives, and examines their place in the unitary state which is the United Kingdom. It begins by tracing the history of constitutional union between England, Wales, Scotland, and Ireland. The legal effect of the 1998 devolution statutes is examined, in particular on the legal sovereignty of the United Kingdom Parliament. A triple constitutional and legal lock exists in the Scotland Act 1998 to ensure that the devolution settlement is the final step away from the pure unitary state which has enfolded Scotland in Great Britain. The nature and likely success of that lock are analysed in some detail. The lawmaking powers of the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly are assessed. The similarities and differences between each of the three devolved governments and the British Government are highlighted, and consequences and possible lessons for future government-making at Westminster are drawn. The article concludes with a peer into the possible constitutional futures for the United Kingdom.
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Vajčnerová, Ida, et Kateřina Ryglová. « The analysis of isurance in case of travel agency insolvency on the Czech market and the comparison with other kinds of bonding in the Great Britain ». Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 53, no 6 (2005) : 263–70. http://dx.doi.org/10.11118/actaun200553060263.
Texte intégralRésumé :
This article is focused on the topic of customer protection. The protection covers insolvency of travel agency and comes out from the Council Directive 90/314/EEC. In the Czech Republic this Council directive is implemented into Czech law through the Act No. 159/1999 Coll. on Conducting Business in Some Areas of the Tourism Sector. Unfortunately, the act is considered to be not up to date therefore novelization is being prepared. The article describes insurance as the one and only customer protection in the Czech Republic. Simultaneously, there are set other possibilities of customer guarantee in case of travel agency bankrupt which are successfully used in other European countries. One part of the article is dedicated to detail analysis of this problem in Great Britain. The result of provided analyses and research – proposal of guarantee model through insurance section which would be a part of Association of Travel Agencies and Tour operators. The goal of the model is to clear away present weaknesses in this field.
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Enonchong, Nelson E. « Service of Process in England on Overseas Companies and Article 5(5) of the Brussels Convention ». International and Comparative Law Quarterly 48, no 4 (octobre 1999) : 921–36. http://dx.doi.org/10.1017/s0020589300063752.
Texte intégralRésumé :
It is generally accepted that, in actions in personam, the foundation of the court's jurisdiction at common law is the service of process.1 To this extent the rules as to service define the limits of the court's jurisdiction. So, for a claimant to establish the jurisdiction of the English court over an overseas company2 he must be able to serve process on the company in accordance with the rules of service. The general rule is that an overseas company, like an individual, may be served with process in England if present within the jurisdiction.3 However, since a company is only a legal (not natural) person, it cannot be present in the same way as an individual. It has therefore been necessary for special rules to be laid down by which it can be determined whether or not an overseas company is present in England and therefore may be served with process here. Before 1992 those rules were contained in sections 691 and 695 of the Companies Act 19854 (the pre-1992 regime). However, in 1992 the law was amended and a separate provision was laid down in section 694A of the Companies Act 1985 to regulate the service of process on any overseas company with a branch in Great Britain (the 1992 regime).
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Sherstoboev, O. N. « Nullity of Administrative Acts : Grounds, Legal Regime, Discretion ». Siberian Law Review 18, no 2 (20 octobre 2021) : 228–42. http://dx.doi.org/10.19073/2658-7602-2021-18-2-228-242.
Texte intégralRésumé :
The issues of criteria for the nullity of administrative acts are considered, the ratio of an illegal and invalid act, as well as a null and void act, analyzed, the possibility of administrative discretion in determining an invalid administrative act is analyzed, the role of vague legal concepts when an administrative act is declared invalid is demonstrated. The Author uses a comparative legal method, including the analysis of the practice of Germany, Great Britain, South Africa, Canada, Japan, South Korea, Russia and other countries. Special attention is paid to the laws on administrative procedures adopted in the post-Soviet territory and the influence of the German doctrine on this process. It is concluded that for the continental legal order the most preferable way to formalize the criteria for the invalidity of an administrative act are laws on administrative procedures or their analogs, while in the common law states, legal doctrine and judicial practice are of great importance. At the same time, many countries avoid recognizing acts as null and void, preferring the construction of their voidability. This is related to ensuring the stability of public administration, the predictability of administrative activities, and the protection of legitimate expectations. In any case, the theory of the reality of the administrative act is prevailing, and nullity is rather viewed as an anomaly. Therefore, only acts that are adopted with the most significant violations, which do not allow talking about the fair consequences of their adoption, are considered invalid. The illegality of an act does not automatically entail its nullity. A similar trend can be traced in Russia, although individual norms of law and practice of courts indicate the possible formation of a doctrine of the invalidity of an administrative act in the Russian legal system. Insignificant acts do not give rise to consequences from the moment of their adoption, legally they do not exist, and nothing can generate anything. With this approach, the courts only fix the criterion of invalidity without a dispute about law. Insignificant acts should be distinguished from contested ones, the latter may turn out to be illegal, but for a number of reasons (for example, protection of trust) the fact of their existence is confirmed along with their consequences.
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Ward, Jason. « ‘Prove it’ Working with LBGTQ+ Asylum Seekers who Must Prove their Sexuality to Stay in the UK ». Dramatherapy 39, no 3 (novembre 2018) : 141–51. http://dx.doi.org/10.1080/02630672.2018.1524503.
Texte intégralRésumé :
As Great Britain reaches 50 years of LBGTQ+ legislation, making it illegal to persecute an individual based on their sexual identity, not everywhere in the world is so enlightened. In some parts of the world, the act of homosexuality is punishable by law, with people sentenced to incarceration or even death. For some people, trying to leave their country and claim asylum in another part of the world is the only way people can truly be themselves. This paper is based on the case studies of two male clients who are both waiting for an asylum decision, with both cases based on their sexuality, and the approach used in therapy sessions, specifically focusing on not only coming to terms with their own persecution, moving from shame of their own culture, but also working with frustration and the re-shaming effects of proving one's sexuality. The overall objective is to create an argument for Dramatherapy when working with complex trauma, shame and raising awareness of the lesser-known work of Dramatherapy and asylum seekers.
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Sabău, Nicolae. « „Sok szíves üdvözlettel régi barátos…”. Colegamenti di amicizia di Coriolan Petranu con storici magiari ». Studia Universitatis Babeș-Bolyai Historia Artium 65, no 1 (31 décembre 2020) : 107–26. http://dx.doi.org/10.24193/subbhistart.2020.06.
Texte intégralRésumé :
"„Sok szíves üdvözlettel régi barátos...” (“With kind regards, your old friend...”). Coriolan Petranu’s Friendly Connections to the Hungarian Historians. Coriolan Petranu is the founder of modern art history education and scientific research in Transylvania. He had received special education in this field of study that is relatively new in the region. He started his studies in 1911 at the University of Budapest, attending courses in law and art history. During the 1912-1913 academic year he joined the class of Professor Adolph Goldschmiedt (1863-1944) at the Friedrich-Wilhelm University in Berlin. The professor was an illustrious personality from the same generation as art historians Emil Mâle, Wilhelm Vögte, Bernard Berenson, Roger Fry, Aby Warburg, and Heinrich Wölfflin, specialists who had provided a decisive impetus to art historical research during the twentieth century. In the end of 1913, Coriolan Petranu favored Vienna, with its prestigious art historical school attached to the university from the capital of the Austro-Hungarian Empire. There he completed and perfected his education under the supervision of Professor Josef Strzygowski (1862-1941). The latter scholar was highly appreciated for his contributions to the field of universal art history by including the cultures of Asia Minor (Syria, Mesopotamia, Armenia, and Persia), revealing the influence that this area had on proto-Christian art, as well as by researching ancient art in Northern Europe. In March 1920 the young art historian successfully defended his doctoral dissertation entitled Inhaltsproblem und Kunstgeschichte (”Content and art history”). He thus earned his doctor in philosophy title that opened him access to higher education teaching and art history research. His debut was positively marked by his activity as museographer at the Fine Art Museum in Budapest (Szepműveszeti Muzeum) in 1917-1918. Coriolan Petranu has researched Romanian vernacular architecture (creating a topography of wooden churches in Transylvania) and his publications were appreciated, published in the era’s specialized periodicals and volumes or presented during international congresses (such as those held in Stockholm in 1933, Warsaw in 1933, Sofia in 1934, Basel in 1936 and Paris in 1937). The Transylvanian art historian under analysis has exchanged numerous letters with specialists in the field. The valuable lot of correspondence, comprising several thousands of letters that he has received from the United States of America, Great Britain, Spain, France, Switzerland, The Netherlands, Denmark, Sweden, Norway, Finland, Estonia, Latvia, Czechoslovakia, Austria, Hungary, Poland, the USSR, Serbia, Bulgaria, and Egypt represents a true history of the stage and development of art history as a field of study during the Interwar Period. The archive of the Art History Seminary of the University in Cluj preserves one section dedicated to Hungarian letters that he has send to Hungarian specialists, art historians, ethnographers, ethnologists or colleagues passionate about fine art (Prof. Gerevich Tibor, Prof. Takács Zoltán, Dr. Viski Károly, Count Dr. Teleki Domokos). His correspondence with Fritz Valjavec, editor of the “Südostdeutsche Forschungen” periodical printed in München, is also significant and revealing. The letters in question reveal C. Petranu’s significant contribution through his reviews of books published by Hungarian art historians and ethnographers. Beyond the theoretical debates during which Prof. Petranu has criticized the theories formulated by Prof. Gerevich’s school that envisaged the globalization of Hungarian art between the Middle Ages and the Early Modern Period and that also included in this general category the works of German masters and artists with other ethnic backgrounds, he has also displayed a friendly attitude and appreciation for the activity/works of his Hungarian colleagues (Viski Károly and Takács Zoltán). The previously unpublished Romanian-Hungarian and Hungarian-Romanian set of letters discussed here attest to this. Keywords: Transylvania, correspondence, vernacular architecture, reviews, photographs, Gerevich Tibor, Dr. Viski Károly "
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Riznyk, V. « POLITICAL ADVERTISING : SOME ISSUES OF LEGAL SUPPORT ». Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no 109 (2019) : 22–26. http://dx.doi.org/10.17721/1728-2195/2019/1.109-5.
Texte intégralRésumé :
The article examines some issues of legal support of political advertising during the process of election, but is not limited to it, as well as how they affect the outcome of elections. In this study comparative, observation, dynamical analogies, analysis methods are used. The author compares the current legislation of Ukraine and the legislation of a number of other European countries and identifies their common and distinctive features. Special attention is given to the political advertising law of Poland, as its closest neighbour. Also, the legislation of France, Germany and Great Britain is examined. The article underlines their main differences. Partial and systematic violations of advertising legislation during the electoral process and during the period between the elections are also identified. The article also shows that the issue in question is not fully studied by legal scientists. The research, in particular, emphasises on the lack of comprehensive definition of political advertising and its legal regulation during the period between the elections. The article draws attention to the incorrectness in law legal regulation of political advertising by the laws regulating commercial advertising. The legal acts, that influence the results of elections are specified, in particular, the author pays attention to the state budget funding for political parties. Reducing Government expenditure can preserve the principle of absolute equality among political actors, so they could participate constructively in the elections. The best thing to do considering the circumstances is to adopt a new law on political advertising or to to amend the existing Act, that regulates advertising in general. As a result, it is proved that political advertising is not limited to the electoral process and must be governed by legislation. The article also states that any law in this area also should comply with international law, especially with acts adopted by the European Union.
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MacQueen, Hector L. « Mixed Jurisdictions and Convergence : Scotland ». International Journal of Legal Information 29, no 2 (2001) : 309–22. http://dx.doi.org/10.1017/s0731126500009446.
Texte intégralRésumé :
There is an independent Scottish legal system today because, until the Union of the English and Scottish Crowns in 1603 and the Union of the Parliaments of the two countries in 1707, Scotland was an independent sovereign state. When King James VI of Scotland became James I of England and Great Britain in 1603, there was considerable interest in the possibility of establishing a single legal system for the newly united kingdoms, while during the Cromwellian interlude of the 1650s the possibility moved some way towards actuality. But the 1707 Act of Union showed a recognition that the establishment of a single legal system and body of law for the whole of the United Kingdom was not really a practical proposition, in articles which remain the formal basis for the continuing existence and independence of the Scottish law and legal system. Article XVIII provided for the continuation of Scots law after the Union, excepting only the ‘Laws concerning Regulation of Trade, Customs and … Excises', which were to ‘be the same in Scotland, from and after the Union, as in England.’ Change to Scots law was allowed under the Article, but in matters of ‘private right’ such change had to be for the ‘evident utility’ of the Scottish people. Only in matters of ‘public right’ might the aim be simply to make the law the same throughout the United Kingdom. Article XIX laid down that the principal Scottish courts, the Court of Session and the High Court of Justiciary, should ‘remain in all time coming’ as they were then constituted, and further provided that Scottish cases were not to be dealt with by the English courts ‘in Westminster-hall’ (which likewise continued to exist post-Union).
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Остапович, Игорь, et Igor Ostapovich. « JUDICIAL AUTHORITIES OF CONSTITUTIONAL CONTROL AS “NEGATIVE LEGISLATOR” IN MODERN PRACTICE IN FOREIGN COUNTRIES ». Journal of Foreign Legislation and Comparative Law 1, no 4 (29 octobre 2015) : 0. http://dx.doi.org/10.12737/14265.
Texte intégralRésumé :
In the modern context judicial authorities actively participate in the creation of legal norms acting as a negative legislator (repealing operation of an unconstitutional bill or abrogating a by-law). The article consistently reveals peculiarities of carrying out by judicial authorities of constitutional control over the “negative legislator’s” functions in the frame of Anglo-Saxon, American and European model. This activity is directly linked both with the right to interpret the provisions of the state’s Constitutional law, and the right to make decisions on compliance of legal norms with that law. Difference is possible in relation to the volume of interpretation, consequences of decision-making as part of the subsequent constitutional control, and also different roles of judicial bodies. The article analyzes in detail constitutional and legal sources of such countries as Great Britain, the USA, Germany, Austria, Italy, Spain, Japan, Israel and Switzerland. The article also investigates various points of view of Russian and foreign scientists on this topic. Investigation of peculiarities in the process of building-up and development of the constitutional justice institute in Islamic states is of particular interest. It is noted in the study that it is not only Kelsen model (constitutional courts) that act as a “negative legislator”, but also other traditional models of bodies of constitutional control. The “negative legislator’s” functions performed by a body of constitutional control are inherent to any well-known model of its implementation, they have common features and at the same time certain particularities, conditioned by the structure of a national legal framework.
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HOROSIEWICZ, KRZYSZTOF. « MINORS AS COVERT HUMAN INTELLIGENCE SOURCES OF THE POLISH POLICE PART 2 ». PRZEGLĄD POLICYJNY 142, no 2 (2 septembre 2021) : 141–53. http://dx.doi.org/10.5604/01.3001.0015.2500.
Texte intégralRésumé :
In 1990, due to political changes in Poland, the use of Covert Human Intelligence Sources (CHIS) in combating crime raised controversy. Therefore, the hastily and secretly prepared legislation limited the provisions to merely signalling the possibility of the police using this method of intelligence gathering. Despite further modifi cations of the existing law, the use of CHIS is still only referred to in Act on the Police [1990 Article 22(1)], which states that: “Police can use the help of non-police offi cers to perform their tasks.” The laxity of this provision is particularly evident in the context of precise and understandable regulations in countries such as Great Britain, Northern Ireland and the United States of America. The use of minors’ help is not regulated at the level of internal confi dential police regulations, which makes it diffi cult for police offi cers to fi ght juvenile delinquency. The aim of the research was to determine whether legal conditions in Poland prevent the use of juvenile CHIS. The analysis led to the conclusion that there are no legal obstacles present, but the use of juvenile informants should depend on the fulfi lment of certain conditions.
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Prysiazhniuk, Oleksii. « The First English Ancient Monuments Protection Act ». European Historical Studies, no 16 (2020) : 115–25. http://dx.doi.org/10.17721/2524-048x.2020.16.9.
Texte intégralRésumé :
The advent of the first special antiquity law was preceded by a long stage of studying and organizing knowledge about historical and cultural monuments. The Ancient Monuments Protection Act of 18 August 1882 was the first of its kind by an Act of the United Kingdom of Great Britain and Ireland. The Act lists the first 68 monuments or sites that have been protected by law. The text of Act consists of 11 paragraphs. The analysis of paragraphs 2, 3 and 11 gives us the opportunity to formulate the very concept of a «monument» contained therein, as well as to consider the types of ancient monuments that are distinguished by law. The Ancient Monuments are: houses, buildings and other structures located on the surface of the earth or underground, as well as caves and zones of archaeological sites and location of such houses, buildings and other structures, as well as caves and zones of archaeological sites. All the constituent elements and structures of the monument are considered to be its parts. The location of the monument includes not only the area of land on which it is located, but also the surrounding zones. Deliberate destruction or deterioration of protected monuments entails criminal liability in the form of imprisonment for up to one month and a fine. However, criminal and financial responsibility rests solely with outsiders. The owner of the monument is not punished for any action he may take on his property. Paragraphs of Act for the first time regulate the state registration of monuments. Such registration involves the identification of monuments, surveys and determining their value, inclusion in the list of protected, informing the owner or tenant of the monument about the inclusion of this object in the list etc. The Ancient Monuments Protection Act of 1882 was one of the most important results of a set of socio-political reforms in Victorian England. The brevity of the 1882 Act made it impossible to cover all the ancient monuments, which made it only partly a source of law. Currently, there is no single legislative act in the UK on the protection and use of historical and cultural monuments. After the act of 1882 by the middle of the 20th century were adopted and enforced several laws on various aspects of the protection of monuments. However, the main provisions governing this area of social relations were laid in the late nineteenth century.
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Lucey, Donnacha Seán. « ‘These Schemes Will Win for Themselves the Confidence of the People’ : Irish Independence, Poor Law Reform and Hospital Provision ». Medical History 58, no 1 (16 décembre 2013) : 46–66. http://dx.doi.org/10.1017/mdh.2013.71.
Texte intégralRésumé :
AbstractThis article examines hospital provision in Ireland during the early twentieth century. It examines attempts by the newly independent Irish Free State to reform and de-stigmatise medical relief in former workhouse infirmaries. Such reforms were designed to move away from nineteenth century welfare regimes which were underpinned by principles of deterrence. The reform initiated in independent Ireland – the first attempted break-up of the New Poor Law in Great Britain or Ireland – was partly successful. Many of the newly named County and District Hospitals provided solely for medical cases and managed to dissociate such health care provision from the relief of poverty. However, some hospitals continued to act as multifunctional institutions and provided for various categories including the sick, the aged and infirm, ‘unmarried mothers’ and ‘harmless lunatics’. Such institutions often remained associated with the relief of poverty. This article also examines patient fee-payment and outlines how fresh terms of entitlement and means-testing were established. Such developments were even more pronounced in voluntary hospitals where the majority of patients made a financial contribution to their treatment. The article argues that the ability to pay at times determined the type of provision, either voluntary or rate-aided, available to the sick. However, it concludes that the clinical condition of patients often determined whether they entered a more prestigious voluntary hospital or the former workhouse. Although this article concentrates on two Irish case studies, County Kerry and Cork City; it is conceptualised within wider developments with particular reference to the British context.
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Avtonomov, Alexei. « New Zealand Constitution : a fusion of legislative acts, case law (stare decisis), customs (conventions) and treaties ». Sravnitel noe konstitucionnoe obozrenie 29, no 5 (2020) : 26–38. http://dx.doi.org/10.21128/1812-7126-2020-5-26-38.
Texte intégralRésumé :
The article examines the genesis of the Constitution of New Zealand, the formation of its constituent parts and the main sources of constitutional law; it generally profiles the Constitution. The article shows the mutual influence and interweaving of the components of the unconsolidated Constitution of New Zealand in contemporary conditions. In particular, the constitutional provisions presented in the Treaty of Waitangi are examined, and attention is focused on the contemporary problems of its current interpretation and application, although the historical context of its drafting and conclusion is shown. The article deals with the interpretation of some basic constitutional terms when using different official languages of New Zealand, first of all Maori and English tongues. In this regard, one of the urgent issues, which are being discussed quite widely in New Zealand, is the discrepancies found in the wording of fundamental constitutional provisions in the official texts of the Treaty of Waitangi in these two languages. The article examines a number of court decisions containing constitutionally significant precedents (stare decisis), including those on the application of the Treaty of Waitangi. The article shows how, as a result of the judicial complex interpretation of the Treaty of Waitangi and the legislation, the principles of the said Treaty have been developed. The article provides a general characterization of the laws and other regulatory legal acts that together form part of the unconsolidated Constitution of New Zealand. Special attention is paid to the 1986 Act of Constitution because of the importance of the constitutional issues regulated by this statute. The development of constitutional provisions in the 1986 Act of Constitution in comparison with the previous 1852 Act of Constitution is presented. At the same time, the laws, which are considered in New Zealand as an integral part of the Constitution, are summarized. The place and role of the laws of the United Kingdom of Great Britain and Northern Ireland in the modern Constitution of New Zealand are determined. Along with this, other regulatory legal acts that form part of the Constitution are being investigated, in particular, the Letters Patent and the Cabinet Manual. The article also presents New Zealand customs, which have constitutional significance, including conventional norms, and the peculiarities of their application.
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HOROSIEWICZ, KRZYSZTOF. « MINORS AS COVERT HUMAN INTELLIGENCE SOURCES OF THE POLISH POLICE PART 1 ». PRZEGLĄD POLICYJNY 141, no 1 (12 juillet 2021) : 32–43. http://dx.doi.org/10.5604/01.3001.0015.0400.
Texte intégralRésumé :
In 1990, due to the political changes in Poland, the issue of using Covert Human Intelligence Sources (CHIS) in combatting crime aroused controversy. Therefore, in the hastily and secretly prepared police laws, it was limited to provisions which just merely signalled the possibility of the Police using this method of intelligence gathering. Despite further modifi cations of the existing police law, the use of CHIS is still only referred to in the Act on the Police, 1990: Article 22(1). It states that: “While performing its tasks, the Police may be assisted by persons who are not police offi cers”. The laxity of this wording is particularly evident in the context of precise and understandable regulations in countries such as Great Britain, Northern Ireland and the United States of America. The use of minors’ help is not regulated at the level of internal confi dential police regulations, which makes it diffi cult for police offi cers to fi ght juvenile delinquency. The aim of the research has been to determine whether the legal conditions in Poland prevent the use of underage covert human intelligence sources. The analysis led to the conclusion that there are no legal obstacles, but the use of juvenile informants should depend on the fulfi llment of certain conditions.
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Peach, Ceri, et Margaret Byron. « Council House Sales, Residualisation and Afro Caribbean Tenants ». Journal of Social Policy 23, no 3 (juillet 1994) : 363–83. http://dx.doi.org/10.1017/s0047279400021905.
Texte intégralRésumé :
ABSTRACTDuring the 1980s, about 30 per cent of the council housing stock of Great Britain was sold to sitting tenants. The popular areas for purchase and the popular types of property were semi-detached and terraced houses rather than flats or maisonettes, away from the large conurbations. The types of household most likely to buy were married couples with adult children in skilled occupations. This large scale selling of council housing led to the fear of a residual poor population, living in flats in inner cities. Since nearly half of Afro Caribbean households were living in council housing and since their pattern of housing was the obverse of the types that sold in large numbers, it was thought that they would be among the residualised households. The paper reports on field survey and special GHS data which show that Afro Caribbeans are more rather than less willing to buy their council homes, once property type has been controlled for. It also argues that, in some circumstances, the right to buy may act against residualisation. However, a particularly residualised group appears to be Caribbean single mothers in high rise blocks.
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Sheveleva, Svetlana, et I. Teneneva. « VOYEURISM : CRIMINAL AND CRIMINOLOGICAL ASPECTS ». Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7, no 3 (12 décembre 2022) : 209–22. http://dx.doi.org/10.29039/2413-1733-2021-7-3(2)-209-222.
Texte intégralRésumé :
One of the types of paraphilia is voyeurism, i.e., secretly spying on the intimate actions of other people. From the point of view of medicine, voyeurism is recognized as a disorder of sexual preference, in art it has found expression in the paintings of famous masters, but from the point of view of morality it remains in the plane of religiously conditioned prohibitions, and psychologists say that the considered form of sexual behavior is dangerous not only for the psyche of the actor, but also for the victim. Within the framework of the presented research, the authors offer an analysis of the legal reaction of foreign countries to this form of sexual deviation, consider the types of punishments, and also present a criminological portrait of voyeurism. In the legal systems of foreign countries (Great Britain, Belgium, Singapore), voyeurism is recognized as a sexual crime; in the United States, Germany, New Zealand, and some states of Australia, the act in question is recognized as a crime that violates the «right to privacy». Separate statistical data on the specified acts in separate countries (where such counting is conducted) are presented, the reasons of growth of such encroachments and ways of their implementation are defined. In Russia, such acts receive a criminal-legal assessment on the grounds of Article 137 of the Criminal Code of the Russian Federation, which should be considered as a «legislative compromise», since in the actions of a voyeur, the main motive is sexual, and violation of privacy is not the goal. Some statistical data indicate an increase in such attacks in the world, but in Russia, the paraphilia in question is mainly the subject of research by psychologists, sexologists, and journalists. No serious criminological or criminal law studies were conducted. The presented research is the first attempt to study this phenomenon in the legal aspect, suggesting the beginning of a scientific discussion. It is concluded that in the conditions of digitalization of society, voyeurism as a form of sexual deviation will continue to develop, so it is necessary to adopt a set of legal measures aimed at protecting the rights of victims.
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Schoof, Nicolas, Rainer Luick, Karin Jürgens et Gwyn Jones. « Dairies in Germany : Key Factors for Grassland Conservation ? » Sustainability 12, no 10 (19 mai 2020) : 4139. http://dx.doi.org/10.3390/su12104139.
Texte intégralRésumé :
Germany is the largest milk producer of the 28 EU Member States (statistically still including Great Britain) and dairying is the most important single sector in German agriculture. Dairies are of central importance in the value chain, but very little is known about their objectives and perspectives in relation to grassland management, feedstuffs deriving from grassland and towards resource conservation issues. This study gives an insight on the way German dairies think about and act in such topics by using a standardized survey method. The survey revealed little to no linkage between the size of dairies and their interest in conservation issues on grassland and very little consideration of extensive grasslands. Dairies are divided over questions of governance for a more sustainable milk market and on the nature of their relationships with farmers. There is evidence that the German dairy industry is willing to contribute to a more sustainable and more robust milk market, but the enterprises mostly regard other market actors as more important. According to this survey, consumers will tend to opt for more sustainable milk products in future and there are possibilities to raise the willingness to pay.
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Hotsuliak, Svitlana. « Legal regulation of sanitary affairs in Europe in the 19th century ». Law and innovations, no 1 (29) (31 mars 2020) : 65–70. http://dx.doi.org/10.37772/2518-1718-2020-1(29)-10.
Texte intégralRésumé :
Problem setting. Since ancient times, guardianship of the health of the population has become an obligatory part of the foundation of a powerful state. Later on, special bodies began to be created, whose powers at first were limited only to the monitoring of food supplies, but with the spread of epidemics their role increased and spread around the world. In the 19th century, cities began to grow rapidly and the number of inhabitants increased. States were faced with the challenge of ensuring healthy living conditions. Analysis of recent researches and publications. The scientific research on this issue is reflected in the works: Derjuzhinsky V.F., Busse R, Riesberg A., Lochowa L. V., Hamlin C., Shambara K., Norman G. Scientists have analysed the regulatory framework of individual countries in the medical context. Target of research. Identification of the essence and features of sanitary legislation (including international sanitary conventions, interstate agreements on sanitation and epidemiology) operating in the territory of European countries in the XIX century. Article’s main body. The legal and regulatory framework for sanitation includes a set of legal, technical and legal standards, the observance of which involves ensuring that an adequate level of public health is maintained. European countries in the nineteenth century devoted considerable attention to sanitation not only in domestic law, but also in the international arena. Health protection, sanitation and preventive measures are reflected in many legislative acts, for example, the “Medical Regulations” (Prussia, 1725), the “Law on Health Insurance during Diseases” (Germany, 1883) and, in Austria, the “Health Statute” (1770), the “Public Health Act” (Great Britain, 1848 and 1875) and the “Medical Act” (Great Britain, 1858) and the “Public Health Protection Act” (France, 1892). The legislative acts formulated the powers of sanitary authorities, and in the same period, works on the impact of ecology on human health and on the importance of a healthy lifestyle appeared. The State has a duty to protect citizens who have the sole property, their labour, but health is essential to work. Separately, it should be noted that in the middle of the XIX century elements of the international health system began to emerge in Europe. In particular, starting from 1851. At the initiative of France, a number of international conferences on sanitation were organized in Paris. Subsequently, such conferences were held in Constantinople (1866), Vienna (1874), USA (1881), Rome (1885), Dresden (1893). These conferences addressed various issues of sanitation and the fight against epidemic diseases. At the same time, the application of land and river quarantine in Europe was considered impossible by most delegates. Instead, the use of “sanitary inspection” and “observation posts” with medical personnel and the necessary means for timely isolation of patients and disinfection of ships was recommended Conclusions and prospects for the development. Thus, the forms of organization of national health systems in Europe in the 19th century were diverse. Each country created and developed its own unique systems, different ways of attracting financial resources for medical care and health preservation. Thanks to the development of the legislative framework, water supply, sewerage, working and living conditions, sanitation and hygiene have improved. International cooperation to combat epidemics has made a significant contribution to the development of effective and progressive legislation in the international arena, and has greatly influenced the creation of appropriate domestic legislation in Member States, developing more effective models to combat epidemic diseases.
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Halaburda, N. A. « THE NATURE OF THE MODERNIZATION OF ADMINISTRATIVE JUSTICE IN THE ANGLO-SAXON LEGAL SYSTEM ». Actual problems of native jurisprudence 5, no 5 (octobre 2021) : 59–63. http://dx.doi.org/10.15421/392199.
Texte intégralRésumé :
The main goal of the study is to determine the nature and features of the Anglo-Saxon legal system, the nature of the impact of common law principles, to clarify the legal status of UK tribunals, and highlight the main advantages and disadvantages of administrative tribunals compared to general courts. Unlike continental legal systems, Anglo-Saxon law emphasizes the procedural, pragmatic side of its operation. In the studied legal system there are several positions on the understanding of the concept of “administrative justice”: first, it is the existing procedure for appealing against decisions and actions of public administration and officials in court, i. e. a special type of judicial activity; secondly, it is the activity of tribunals as quasi-judicial bodies. In addition, many countries belonging to the Anglo-Saxon legal family have the principle of mandatory prior (pretrial) recourse to administrative justice disputes. Only after consideration of the pre-trial appeal by the authorized quasijudicial bodies is it possible to open the procedure in the general court. The Anglo-Saxon system of administrative justice is based on the doctrine of equality of all officials before the courts and the prevention of the removal of officials from the jurisdiction of the same courts that other citizens deal with. An analysis of the administrative justice of Great Britain (Anglo-Saxon version) allows us to conclude that it operates at the junction of the executive and judicial branches of government. Administrative justice is linked to the executive branch by the fact that its bodies are in close cooperation with the active administration. Instead, it is brought closer to the judiciary by the fact that courts of general jurisdiction act as an appellate instance against decisions of administrative tribunals. The activities of these bodies are departmental in nature and, unlike the continental model of administrative justice, do not carry the principle of universal jurisdiction.
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Косыгин, В. Е. « CRIMINAL LIABILITY FOR BRIBING AN ARBITRATOR IN THE CRIMINAL LEGISLATION OF FOREIGN COUNTRIES ». VESTNIK OF THE EAST SIBERIAN INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION, no 3(102) (17 octobre 2022) : 95–108. http://dx.doi.org/10.55001/2312-3184.2022.92.36.009.
Texte intégralRésumé :
Введение:в статье рассматривается зарубежный опыт регламентации уголовной ответственности за подкуп арбитра (третейского судьи). Выделяется четыре группы государств в зависимости от правовой семьи: романо-германские, англосаксонские, социалистические и мусульманские. Исследуется уголовное законодательство: ФРГ, Франции, Великобритании, США, КНР и ОАЭ. Материалы и методы: нормативную основу исследования образует уголовное законодательство зарубежных стран в части регламентации ответственности за подкуп арбитра (третейского судьи). Методологической основой исследования послужил общий диалектический метод научного познания, носящий универсальный характер, также методы логической дедукции, индукции, сравнительно-правовой метод, приемы анализа, обобщения и описания. Результаты исследования: обобщен зарубежный опыт правового регулирования уголовной ответственности за подкуп арбитра (третейского судьи). Выводы и заключения: уголовно-правовые нормы об ответственности за подкуп арбитра (третейского судьи) предусмотрены во многих государствах. В зависимости от правовой семьи, в которую входит государство, выявлены разные подходы к регламентации уголовной ответственности за подкуп арбитра (третейского судьи). В государствах романо-германской правовой семьи (ФРГ, Франция) предусмотрены специальные статьи (части статей), посвященные именно арбитрам (третейским судьям), а в государствах англосаксонской правовой семьи (Великобритания, США) уголовная ответственность арбитра (третейского судьи) предусмотрена общими законами, предусматривающими ответственность за взяточничество должностных лиц. Обусловлено это включением или, напротив, не включением, третейских судов в судебную систему государства. В государствах социалистической правовой семьи (КНР) уголовной ответственности за подкуп арбитра (третейского судьи) не предусмотрено. Однако в КНР установлена уголовная ответственность за принятие арбитром заведомо незаконного решения вопреки фактам в арбитражном судопроизводстве (ст. 399-1 УК КНР). В государствах мусульманской правовой семьи (ОАЭ) на сегодняшний день уголовная ответственность за подкуп арбитра (третейского судьи) отсутствует. Между тем до 2018 года такая ответственность имела место. Introduction:the article examines the foreign experience in the regulation of criminal liability for bribery of an arbitrator (arbitrator). There are four groups of states, depending on the legal family: Romano-Germanic, Anglo-Saxon, socialist and Muslim. Criminal legislation is being investigated: Germany, France, Great Britain, USA, China and UAE. Materials and Methods:the normative basis of the study is formed by the criminal legislation of foreign countries regarding the regulation of liability for bribery of an arbitrator (arbitrator). The methodological basis of the study was the general dialectical method of scientific knowledge, which is universal in nature, as well as the methods of logical deduction, induction, the comparative legal method, methods of analysis, generalization and description. The results of the study: summarized foreign experience of legal regulation of criminal liability for bribery of an arbitrator (arbitrator). Findings and Conclusions: criminal law provisions on liability for bribery of an arbitrator (arbitrator) are provided in many states. Depending on the legal family, which includes the state, different approaches to the regulation of criminal liability for bribery of an arbitrator (arbitrator) have been identified. In the states of the Romano-Germanic legal family (Germany, France) there are special articles (parts of articles) dedicated specifically to arbitrators (arbitrators), and in the states of the Anglo-Saxon legal family (Great Britain, USA), the criminal liability of an arbitrator (arbitrator) is provided for by general laws, providing for liability for bribery of officials. This is due to the inclusion, or, on the contrary, not including, arbitration courts in the judicial system of the state. In the states of the socialist legal family (China), there is no criminal liability for bribery of an arbitrator (arbitrator). However, in the PRC, criminal liability has been established for an arbitrator of a knowingly illegal decision contrary to the facts in arbitration proceedings (Art. 399-1 of the Criminal Code of the China). In the states of the Muslim legal family (UAE), today there is no criminal liability for bribery of an arbitrator (arbitrator). Meanwhile, until 2018, such responsibility took place.
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Fletcher, Ian Christopher. « “Prosecutions…are Always Risky Business” : Labor, Liberals, and the 1912 “Don't Shoot” Prosecutions ». Albion 28, no 2 (1996) : 251–78. http://dx.doi.org/10.2307/4052461.
Texte intégralRésumé :
In the spring of 1912, the British syndicalist leader Tom Mann was prosecuted under the Incitement to Mutiny Act 1797 for his opposition to the use of troops during the great coal strike. He was convicted and sentenced to six months' imprisonment, but an outcry from socialists, trade unionists, and progressives forced the Liberal government to reduce his sentence and release him early from prison. This much is familiar to historians of early twentieth-century Britain and Ireland. It is often forgotten, however, that Mann was only one of eight syndicalists and socialists who were prosecuted for their involvement in the “don't shoot” agitation. It is likewise forgotten that Mann went on trial just days before the suffragette leaders Emmeline Pankhurst and Frederick and Emmeline Pethick Lawrence shared a similar fate, amid demands that Sir Edward Carson, the leading opponent of Irish home rule, join them in the dock. Indeed, the Nation, a progressive Liberal weekly, complained that “the country is…getting somewhat tired of political trials.” Perhaps because we assume the relative transparency of the law, historians have failed to scrutinize in detail the origins and outcome of the “don't shoot” prosecutions. George Dangerfield devoted one sentence to them, Elie Halévy a few more; although the “don't shoot” episode has been invoked to symbolize the increasingly fragile relations between Liberalism and the working classes, it continues to receive only brief mention in accounts of Edwardian labor and politics. Even Tom Mann's biographers have shed little new light on his case.
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Karamanukyan, D. T., et P. Chvosta. « The Right to a Fair Trial in the Area of Russian and Austrian Public Law ». Siberian Law Review 19, no 1 (25 avril 2022) : 91–108. http://dx.doi.org/10.19073/2658-7602-2022-19-1-91-108.
Texte intégralRésumé :
The research paper examines the legal category of procedural (proceedings) law “Right to a Fair Trial” as a fundamental element of the European Human Rights Convention and the judicial practice of the European Court of Human Rights. The Authors concentrate mainly on the general part of Article 6 and focus on crucial aspects of the mentioned right which have become significant for the daily legal practice in the Russian Federation, Republic of Austria and other member states. In the domestic Russian legal doctrine, there are sectoral and international legal studies devoted to the Convention for the Protection of Human Rights and Fundamental Freedoms, the functioning of the European Court of Human Rights and the legal nature of its acts (A. Abashidze, E. Alisevich, M. Biryukov, S. Kalashnikova,V. Tumanov, K. Aristova).Along with this, from the standpoint of conventional rights, Russian legal scholars studied the procedural features of the implementation of acts of the European Court of Human Rights and the application of conventional norms in civil, arbitration and criminal cases (I. Vorontsova, T. Solovieva, M. Glazkova, S. Afanasiev, L. Volosatova, E. Iodkovsky, K. Mashkova, etc.).The private-scientific research methods used by the Authors in the presented scientific article, predominantly comparative, require the study of the works of foreign scholars in the field of law, which include P. Leanza, O. Pridal, D. Spielmann, V. M. Zupancic, H. Mosler, A. Buyse. Despite the rather large volume of doctrinal sources on the nature and implementation of conventional rights, the issues of applying the right to a fair trial in administrative disputes and cases arising from public law relations have not become the subject of scientific research. The empirical basis of the study conducted by the Authors is composed of 66 pilot judgments and other acts of the European Court of Human Rights on complaints from individuals against Russia, Austria, France, Finland, the Netherlands, Great Britain, Switzerland and other member states of the Council of Europe; judicial acts of the courts of Russia, Austria and other European countries. It is concluded that the practice of Article 6 of the European Human Rights Convention by the European Court has had a remarkable and sometimes unprecedented impact on public law and law enforcement activities of the European countries that are parties to the Convention. As Russian and Austrian experience shows, the decision of the European Court on behalf of the enforcement of Article 6 in one specific case can induce the state not only to adopt a separate law, but also to carry out serious institutional changes. Many such examples are given below by the Authors, which testify that the decisions of the European Court are able to act as a powerful law-forming force on the national level.
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Doluda, Igor. « ADMINISTRATIVE PROCEDURES FOR THE EXPORT AND IMPORT OF MILITARY AND DUAL-PURPOSE GOODS IN UKRAINE ». Administrative law and process, no 4(39) (2022) : 91–105. http://dx.doi.org/10.17721/2227-796x.2022.4.07.
Texte intégralRésumé :
Purpose. The purpose of the article is to reveal the content and form a categorical definition ofthe administrative procedure for the export and import of military and dual-use goods in Ukrainebased on the existing and prospective legislation and the theory of administrative law. On thisbasis, form the latest concept of development of social relations in the analyzed sphere.Methods. A system of methods of scientific knowledge was used during the research. Using themethod of systematic analysis, various legal sources and empirical material were analyzed andnew generalizations and conclusions were formed on the basis of this. Special legal method –formal-dogmatic gave an opportunity to analyze the current legislation. The forecasting methodensured the development of legislation on administrative procedures for the import of military anddual-purpose goods in Ukraine.Results. It has been proven that administrative procedures are the bottom level of legal regulation,which in most cases are most often directly faced by private individuals and legal entities in orderto ensure their rights, freedoms and legitimate interests in public administration, in particularbusiness entities that export and import goods for military purposes and dual purpose. It wasconcluded that in today’s conditions, the administrative procedures for the export and importof military and dual-purpose goods are regulated by the norms of a special profile Law anda number of secondary legal acts approved by the Government of Ukraine.It has been found that the administrative procedure for the export of military and dual purposegoods from Ukraine, which operated before the full-scale invasion of Russian-terrorist troops intoUkraine on February 24, 2022, was characterized by the monopoly of certain influential groupsclose to the government, which were not interested in the development of weapons productionand other means of fighting, and focused their attention mainly on the sale of weapons thatUkraine inherited from a bygone era. Public finances for the development of domestic armamentswere insufficiently provided, and effective economic and financial methods of attracting privateinvestments were not introduced. As a result, when repelling the armed aggression of Russianterrorist forces, Ukrainian soldiers mainly use outdated weapons and armaments, or thoseobtained from foreign partners. The rapid import of weapons to Ukraine was established thanks tothe goodwill of the top political leadership of the USA, Great Britain, Lithuania, Poland, a dozenother democratic states, and the liberalization of the administrative procedure for importinggoods for military purposes and dual purposes into Ukraine under martial law conditions, asbusiness entities, as well as charitable foundations, which received permits for this from the StateExport Control Office under a simplified administrative procedure. The latest concept of the administrative procedure for the export, import of military and dualpurposegoods from Ukraine is proposed, taking into account the experience gained by the subjectsof importing weapons under martial law and the principles of the Law of Ukraine of February 17,2022 No. 2073-IX “On Administrative Procedure”. After all, the war for domestic manufacturersis a time to improve their products. In some positions, they have good initial positions that areobjectively developed and tested on the battlefield. As a result, after the victory, weapons releasedin Ukraine will be bought by foreign countries with pleasure. At the same time, the new civilsociety will no longer allow a few government officials to monopolize the arms export market.Accordingly, permits for the export of weapons manufactured by domestic manufacturers shouldfirst of all be granted (legalized) to entities that imported them during the war. Next, it is necessaryto carry out systemic reforms, both at the level of foundations and public tools and administrativeprocedures. Therefore, liberalization in this area should be carried out, but not at the expense ofweakening control over the export of weapons, but the admission to it of all entities that meet thespecified conditions, regardless of the form of ownership, both domestic and residents of the USA,Canada, Great Britain, countries EU members (with the exception of Hungary) and other partnerstates, which imported weapons to Ukraine in the face of a full-scale invasion.Conclusions. The administrative procedure for the export and import of goods for military anddual purpose in Ukraine is a procedure defined by law for consideration and resolution of casesregarding the issuance to business entities of permits to import into Ukraine and (or) export fromUkraine weapons, goods for military and dual purpose. The provisions of the Law of Ukraineof February 17, 2022 No. 2073-IX “On Administrative Procedure” do not directly apply to theapproval of the administrative procedure for the export, import of goods for military use and dualpurpose, however, the categorical apparatus and principles defined in it must be used in a specialregulatory and legal high-level act - the new version of the Law of Ukraine “On State Control ofInternational Transfers of Military and Dual-Use Goods”, or, more appropriately, in the new draftof the Law of Ukraine “On Export, Import of Weapons, Military and Dual-Use Goods”.
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Holub, N. « World experience of legal provision of control over economic concentrations of economic entities ». Uzhhorod National University Herald. Series : Law 1, no 74 (31 janvier 2023) : 142–46. http://dx.doi.org/10.24144/2307-3322.2022.74.24.
Texte intégralRésumé :
The article examines the legal mechanisms of state control over the processes of economic concentration in the most developed countries of the world.
A comparison of the legal antimonopoly institutions of the mentioned states was made, and special features of competition legislation, which are inherent in one or another country and their effectiveness in the process of controlling economic concentrations, were revealed.
It has been established that two types of legal mechanisms for controlling economic concentrations have developed in world practice, namely the American type and the Western European type.
It was determined that the American competition law prohibits any form of concentration due to the determination of its level by judicial authorities. In its regulations, American legislation contains clear powers of state authorities on concentration issues. The burden of proving the positive effects of the concentration rests entirely on the applicant for the concentration.
The competition law of European countries is softer. Mergers that significantly restrict competition are prohibited. The concentration takes place only with the permission of the authorities. The exception to this rule is the legislation of Great Britain.
Features of Japanese legislation are the existence of such concepts as depression and rationalization cartels, in the presence of which concentration is prohibited.
According to the results of the study, it was concluded that the use of successful foreign legal experience in the field of concentrations, such as increasing financial indicators for granting consent to concentration, introducing a broad interpretation and specifying the powers of antimonopoly authorities, clearly demarcating their competence, adopting a single codified legal act to regulate relations from concentration will lead to positive changes in the sphere of state policy regarding the right regulation of economic concentration in Ukraine.
Within the framework of this study, an analysis of national and foreign legislation in the field of regulation of economic concentration was carried out.
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Kochetkova, M. V. « O'Connell and the struggle for the emancipation of the catholics ». Bulletin of Nizhnevartovsk State University, no 4 (15 décembre 2020) : 22–28. http://dx.doi.org/10.36906/2311-4444/20-4/03.
Texte intégralRésumé :
The aim of the study was to examine the most significant achievement in Irish Nationalism, which was embodied in the trend of moral force, the Emancipation of Catholics and the role of D. O'Connell in this process. After the introduction of the Union between Ireland and Great Britain in 1801, after the suppression of the 1803 uprising among the Irish nationalists, the apologists of the constitutional way of achieving self-government remained only one way, granting Catholics equal political rights. Automatically, Catholics were not prohibited from being elected as deputies or holding public office. But due to the fact that when entering these positions it was required to give the Crown a double oath, secular and religious, Anglican, Catholics could not give such a second oath. Consequently, Emancipation meant the liberation of Catholics from the religious part of the oath to the Crown. All attempts to pass a law on emancipation within the framework of Westminster ended in the defeat of the initiative of the Irish commoners, it became obvious that a different method of achieving the goal was needed. It was developed by the leader of the Nationalists D. O'Connell. The essence of the new system of struggle was to create a massive, regulated movement of the entire Nation for the political rights of Catholics. It included holding rallies, setting up a press of its own, and the introduction of a Catholic Rent designed to fund the movement from donations. Thus, for the first time in European history, a massive, nationwide, controlled movement was created. As a result of these innovations, Westminster passed the Catholic Emancipation Act in 1829. O'Connell's role in this victory was decisive.