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1
Іншин, М. І. "ENSURING THE EMPLOYMENT RIGHTS OF JUDGES AS A PREREQUISITE FOR THEIR SOCIAL SECURITY." Juridical science, no. 1(103) (February 19, 2020): 422–29. http://dx.doi.org/10.32844/2222-5374-2020-103-1.51.
Повний текст джерелаАнотація:
The article forms an actual scientific idea about the impact of ensuring the labor rights of judges in Ukraine on the level of their social security. It is determined that the level of social security of judges depends on the quality of ensuring their labor rights, because such rights exist for sustainable human development, that is, there is a satisfaction of the needs for social benefits that are produced in the field of labor. Rights exist to prevent the occurrence of situations in which an employee experiences humiliation of his human dignity, restriction of his freedom, as well as other human rights. The rights are regulated by general and special rules, considering the social risks common to all employees and special for judges. Such regulation is carried out to reduce the negative impact on judges. This regulation is subject to the principle of legality. Labor rights are ensured and protected at the expense of the State Budget of Ukraine. They are guaranteed by the State at the national level and by international governmental organizations at the international level. The labor rights of judges can be protected both in the general order, considering certain exceptions, and with the help of special forms of protection that are provided only for judges. The level of implementation and protection of the labor rights of judges determines the level of civilization of society. It is proved that the peculiarities of the labor rights of judges and their impact on the social security of judges require the state to create favorable conditions for their provision. In cases where the State ignores such a duty and the employment rights of a judge are not sufficiently ensured, the State concerned cannot be considered social, legal, and democratic. The lack of guarantees for the implementation of the labor rights of judges, which is currently happening in Ukraine, negatively affects the independence of the courts and the proper administration of justice in the country.
2
Баранков, Владимир, and Vladimir Barankov. "Guarantees for Judges at Work: Allowance and Pension Coverage for Retired Judges." Journal of Russian Law 4, no. 5 (May 4, 2016): 0. http://dx.doi.org/10.12737/19232.
Повний текст джерелаАнотація:
This scientific article deals with social guarantees for judges at work. Social support for retired judges forms an integral part of social security and is one of the labor guarantees of the rights for judges. The article tackles the question of financial security of judges, which is one of the guarantees of the independence of judges. The subject of the study is the special status of retired judges, which guarantees proper administration of justice, and permits to impose high requirements to judges and allows keeping confidence in their competence and independence. The article also considers the issue of a lifetime allowance for judges after their retirement. The author notes that the most important guarantee for retired judges is their pension coverage. This guarantee is expressed, in particular, in the fact that judges have the priority right to choose the type of pension coverage.
3
Nakosteen, Robert, and Michael Zimmer. "Approval of social security disability appeals: analysis of judges’ decisions." Applied Economics 46, no. 23 (May 6, 2014): 2783–91. http://dx.doi.org/10.1080/00036846.2014.914147.
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4
Kostenko, Vladyslav. "PREREQUISITES FOR THE ORIGIN OF RETROSPECTIVE ANALYSIS SOCIAL SECURITY OF JUDGES." Knowledge, Education, Law, Management 2, no. 5 (2020): 162–68. http://dx.doi.org/10.51647/kelm.2020.5.2.28.
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5
Čvorović, Zoran. "Method of acquisition and termination of judicial office in Serbia in the second half of the 19th century." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 4 (2020): 1383–413. http://dx.doi.org/10.5937/zrpfns54-29901.
Повний текст джерелаАнотація:
From the viewpoint of the way of acquisition and termination of the judicial service, judges in Serbia passed a long road from ordinary civil servants that were acquiring and losing their position solely based on the will of the minister of justice, to independent judges with guaranteed tenure appointed on recommendation from the highest courts and dismissed by decision of the highest courts in the country. The path, however, was not straight-line, neither in terms of normative solutions nor in terms of political and social temptations. The Law on Judges from 1881 which regulated the Judiciary of the Principality of Serbia on the principles of judicial consistency, competence and financial security, introduced for the first time the method of electability (co-optation) of judges by judicial collegiums in the Serbian judiciary. At the same time, this Law completely disempowered Minister of Justice of the right to decide on the termination of the judge's office and handed it over to the highest court in the country - the Cassation court. The significance of the formal guarantees of judicial independence, which has been ensured since 1881 by specific procedure of acquisition and termination of judicial office, became questionable due to both "pestilent" touch between judges and politics, but also for substantial number of judges who took judicial independence as judicial irresponsibility.
6
Gajewski, Sebastian. "Prawnomiędzynarodowy standard sądowej kontroli w sprawach związanych z zabezpieczeniem społecznym a regulacje polskie." Opolskie Studia Administracyjno-Prawne 17, no. 1 (November 15, 2019): 67–75. http://dx.doi.org/10.25167/osap.1493.
Повний текст джерелаАнотація:
The Convention of ILO № 102 is the basic source of international-law rules in the area of social security. This convention concerns the standards of judicial review in matters regarding social security. It declares that whenever a claim is settled by a special tribunal established to deal with social security questions and on which the protected persons are represented, no right of appeal should be required. It means that matters regarding social security should be settled by tribunals that are organizationally, personally and procedurally separated from those dealing with other cases. In Poland, most of the matters regarding social security are settled by common courts, by their special departments, in a special procedure. Nevertheless, relevant departments can also deal with cases concerning labor law and they do not consist of persons who are not judges and represent protected persons. It means that the Polish regulations concerning the judicial review in matters regarding social security do not fulfill the standard established by the Convention № 102.
7
Chopra, Surabhi. "Judging the Troops: Exceptional Security Measures and Judicial Impact in India." Law & Social Inquiry 44, no. 03 (May 30, 2019): 555–85. http://dx.doi.org/10.1017/lsi.2019.3.
Повний текст джерелаАнотація:
This Article examines a controversial national security measure: the use of the armed forces within domestic borders. Military policing blurs the boundaries between crime and war, and tends to entail greater use of force against individuals. It has received relatively little academic attention but deserves to be better understood. No democratic state has relied on military policing for longer than India. And within India, no region has been subject to military policing for as long as the northeastern state of Manipur. I analyze how military policing in Manipur has fostered abuse by the armed forces, which in turn has prompted litigation and judicial innovation. Based on my analysis, I critique dominant theories about the state’s exceptional security powers. I advance two main claims. First, exceptional powers rarely remain exceptional; they eventually become the norm. Once deployed, these powers persist, and the license they provide seeps into broader habits of governance. Second, once normalized, exceptional powers become more vulnerable to judicial intervention. Judges become unwilling to accept the government’s argument that these powers are always and only used to fight pressing threats. These powers eventually become a routine subject of judicial review. Even once judicial review becomes routine, however, judges tend to be more willing to help victims of abuse than to punish abusers.
8
Chand, Daniel E., and William Dean Schreckhise. "Independence in Administrative Adjudications: When and Why Agency Judges Are Subject to Deference and Influence." Administration & Society 52, no. 2 (March 11, 2018): 171–206. http://dx.doi.org/10.1177/0095399718760593.
Повний текст джерелаАнотація:
Are administrative adjudicators subject to external influence and pressures? We present the results from a nationwide survey of agency adjudicators, focusing on immigration judges (IJs) and administrative law judges (ALJs) in the Social Security Administration (SSA). ALJs follow decisional procedures spelled out in the Administrative Procedure Act (APA) and are given substantial legal protections from agency pressures. IJs do not follow APA procedures, nor do they receive its protections. We find IJs give significantly greater deference to the positions of the public, their agency, Congress, and the president, and report more favorable attitudes toward interest groups in adjudications.
9
Ohanisian, Ts V. "PROTECTION OF RIGHTS IN THE SPHERE OF SOCIAL SECURITY OF JUDGES: AN OVERVIEW OF JUDICIAL PRACTICE." Kyiv Law Journal, no. 4 (2021): 115–20. http://dx.doi.org/10.32782/klj/2021.4.16.
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10
Sheliazhenko, Yurii. "Against the Odds: Protection of Economic, Social, and Cultural Rights by the Constitutional Court of Ukraine." Constitutional Review 6, no. 1 (June 2, 2020): 67. http://dx.doi.org/10.31078/consrev613.
Повний текст джерелаАнотація:
The article traces historical development, doctrine, and impact of constitutional review in Ukraine related to matters of social justice. It is shown that international review of Ukraine’s reports on observance of human rights obligations indicated a low level of compliance during the absence of independent constitutional review by the judiciary. After the establishment of the constitutional review, the compliance was improved against all doubts, whether socio-economic rights are justiciable in the Ukrainian context, and whether the judges are empowered enough to reshape authoritarian policies. Constitutional Court of Ukraine developed a doctrine of social justice based on the values of the rule of law, liberty, and equality, founding a pragmatic balance between the imperatives of individual freedom and economic security. In legal reasoning, judges implemented ideas of the human-centered state and personal autonomy in civil society, close to liberal democratic views, expressed by framers of the Constitution of Ukraine.
11
Anwar, Tasniem. "Unfolding the Past, Proving the Present: Social Media Evidence in Terrorism Finance Court Cases." International Political Sociology 14, no. 4 (March 20, 2020): 382–98. http://dx.doi.org/10.1093/ips/olaa006.
Повний текст джерелаАнотація:
Abstract During terrorism trials, social media activities such as tweeting, Facebook posts, and WhatsApp conversations have become an essential part of the evidence presented. Amidst the complexity of prosecuting crimes with limited possibilities for criminal investigations and evidence collection, social media interactions can provide valuable information to reconstruct events that occurred there-and-then, to prosecute in the here-and-now. This paper follows social media objects as evidentiary objects in different court judgments to research how security practices and knowledge interact with legal practices in the court room. I build on the notion of the folding object as described by Bruno Latour and Amade M'charek to research the practices and arguments of the judges through which they unfold some of the histories, interpretations, and politics inside the object as reliable evidence. This concept allows for an in-depth examination of how histories are entangled in the presentation of an evidentiary object and how these references to histories are made (in)visible during legal discussions on security and terrorism. The paper therefore contributes to the field of critical security studies by focusing on how security practices are mediated in the everyday legal settings of domestic court rooms.
12
Santana, Dariel, Marcelo Borsio, and Jefferson Carús Guedes. "LOS REQUISITOS PARA A CARACTERIZAÇÃO DO TRABALHADOR RURAL COMO SEGURADO ESPECIAL À LUZ DOS JUÍZES JÚPITER, HÉRCULES E HERMES DE FRANÇOIS OST." E-REVISTA INTERNACIONAL DE LA PROTECCION SOCIAL 5, no. 2 (2020): 264–86. http://dx.doi.org/10.12795/e-rips.2020.i02.12.
Повний текст джерелаАнотація:
The purpose of this study is to critically analyze the requirements regarding the framing of rural workers as a special insured, confronting them with the reality of the Brazilian rural area. Therefore, as a methodology, the jurisprudence of the higher courts was researched, exploratory bibliographic research and qualitative analysis were used. In addition, empirical research was carried out, listening to the various actors in the social security processes. Here it will be demonstrated that judges Jupiter, Hercules and Hermes can live harmoniously within the scope of Social Security Law, with space for each one of them, depending on the complexity of the specific case set out. In less complex cases, where the legal text is able to offer the appropriate response to the conflict, it is time for the Jupiterian exegesis to be applied by the interpreter. In hard cases, however, the toga of the first must give way to the toga of the last two, since the literality of the text does not deliver the most appropriate solution to the social security dispute. In this sense, the open type for the characterization of the special insured has the considerable advantage of flexibility, allowing the operator of the law a topic-problematic interpretation, to find the best answer for the specific case, taking into account, therefore, the heterogeneities of this continental country, whose social, geographical, climatic, economic and cultural differences are colossal. The legal system has gradually moved away from Kelsen’s pyramidal metaphor and towards a more horizontal and intertwined normative system - much closer to the sphinx of the Memphis alabaster than to the Cheops pyramid - with interdisciplinarity as a vector of stabilization of the system and this will be demonstrated in this study.
13
Dahlin, Donald C. "Judges, Bureaucrats, and the Question of Independence: A Study of the Social Security Administration Hearing Process.Donna Price Cofer." Journal of Politics 48, no. 3 (August 1986): 776–79. http://dx.doi.org/10.2307/2131189.
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14
Huk, Nazar. "Legal regulation of social security of judges in the conditions of Ukraine's european integration: trends of further development." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 7, no. 27 (May 10, 2020): 48–55. http://dx.doi.org/10.23939/law2020.27.048.
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15
Capsa, Tudor. "Analysis of the law of the Republic of Moldova on the granting of compensation in the event of the death of one of the spouses." Supremacy of Law, no. 1 (September 2021): 136–47. http://dx.doi.org/10.52388/2345-1971.2021.1.13.
Повний текст джерелаАнотація:
The article analyzes in detail and comments article by article the main legal aspects of the Law of the Republic of Moldova on the provision of benefits in the event of the death of one of the spouses No. 156/2019 through the prism of the norms and prescriptions of the national legislation on social insurance and social security, as well as their practical and correct application, with the formulation in the process of presenting the material of substantiated conclusions and recommendations on the multifaceted and topical topic under consideration. At the same time, the comments contained in this article are intended to assist faculty, doctoral students, undergraduates and students of law schools / faculties and scientific researchers of organizations / centers in the field of science and innovation in the systemic assimilation of social insurance and social security norms. , regulating the procedure for registration and payment of benefits due to the death of one of the spouses. In addition, these comments are aimed at correct / accurate understanding and application of the provisions of the current laws and regulations on social insurance and social security by employees of social insurance and social assistance / protection authorities at all levels, lawyers, inspectors of human resources services, representatives of social partners and non-governmental organizations. , entrepreneurs, judges, prosecutors, lawyers, mediators, trade unionists and activists, interested employees and government officials.
16
Daly, Mary C., and Mark Duggan. "When One Size Does Not Fit All: Modernizing the Supplemental Security Income Program." ANNALS of the American Academy of Political and Social Science 686, no. 1 (November 2019): 229–49. http://dx.doi.org/10.1177/0002716219884072.
Повний текст джерелаАнотація:
The federal Supplemental Security Income (SSI) program is an important part of the safety net in the United States, paying means-tested benefits to children with disabilities, nonelderly adults with disabilities, and elderly individuals. In this article, we describe the eligibility criteria for the program, how these have changed over time, and the impact of these changes on SSI enrollment. We also show that over time, SSI has grown to serve a heterogenous population, with an array of life experiences and needs. In this context, we discuss potential reforms intended to modernize the program and increase its ability to achieve its goals. These include a proposal to raise the generosity of benefits for elderly SSI recipients, increase the incentive to work among nonelderly adult SSI recipients, and harmonize disability decision-making across medical examiners and administrative law judges.
17
Posner, Richard A. "National Security and Constitutional Law. Précis: The Constitution in a Time of National Emergency." Israel Law Review 42, no. 2 (2009): 217–24. http://dx.doi.org/10.1017/s0021223700000534.
Повний текст джерелаАнотація:
In my recent book Not a Suicide Pact: The Constitution in a Time of National Emergency (2006), I argue for a way of understanding constitutional law that would enable sensible adjustments to the pressures that arise when a nation is confronted with a serious threat to the safety or other well-being of its people; and I tried to show how the method that I was advocating could be used to resolve some of the constitutional issues that have arisen in the wake of the terrorist attacks on the United States of September 11, 2001. The analysis is limited to American constitutional law; whether it has possible applications to the law of Israel or of any other foreign country, I leave for others to decide, though, given the audience, I drop a few hints in this Paper.The starting point of my analysis is recognition that constitutional law, at least in America (but this is even more true of what passes for “constitutional law” in Israel), is very largely the creation of judges rather than of the framers or ratifiers of formal constitutions. The United States Constitution is 222 years old (1787–2009), though the amendments are younger (but the most influential of them—the first ten—the Bill of Rights, by just a few years). Some of the provisions, in both the original Constitution and in the Bill of Rights and later amendments, are precise; but many are not, and it is the vague or open-ended ones that figure most largely in debates over the legal limits of measures to protect national security. Terms like “due process of law,” “unreasonable searches and seizures,” “freedom of speech,” and “habeas corpus” are not self-defining; nor have judges been willing to confine them to the same meaning they had for the framers or to the core meaning that they would have to be given to have any significance at all. Because American judges do not adhere strictly to precedent, the meaning impressed by judicial decisions on constitutional texts is tentative, especially when a case arises that is not within the heartland of a previous decision because of the novelty of its facts or a shift in the social or political context of the relevant issues.
18
MacFarlane, S. Neil. "Democratization, Nationalism and Regional Security in the Southern Caucasus." Government and Opposition 32, no. 3 (July 1997): 399–420. http://dx.doi.org/10.1111/j.1477-7053.1997.tb00777.x.
Повний текст джерелаАнотація:
FOR SOME YEARS NOW, WESTERN ACADEMICS AND POLICY-MAKERS HAVE embraced the cause of democratic reform in Central and Eastern Europe. To take but one well-known example, President Clinton in the 1994 State of the Union Address cited the absence of war among democracies as a reason for promotion of democracy around the world. Assistance to former Warsaw Pact and newly independent states has been made conditional to varying degrees on the acceptance of democratic change. The Organization for Security and Cooperation in Europe, the European Union, the United States Agency for International Development and associated non-governmental organizations have unleashed armies of promoters of democracy throughout the region to: observe elections; monitor human rights; draft new constitutions and laws defending civil and political rights; train judges and police personnel; and organize and assist political parties, media and non-governmental pressure groups. In short, they have sought to transplant the fabric of civil society and democratic institutions. These armies have landed on terrain often quite foreign to them and have often displayed little sensitivity to the social, economic and political context in which they are operating. This may have contributed to results other than those intended.
19
López Daz, Germán Alfonso. "La Jurisdicción Constitucional Colombiana: ¿Un gobierno de los Jueces?" Revista Jurídica Piélagus 4 (December 5, 2005): 7–14. http://dx.doi.org/10.25054/16576799.563.
Повний текст джерелаАнотація:
La justicia constitucional en el mundo ha presentado una notable evolución y Colombia no ha sido ajena a esta tendencia global. Desde su entrada en funcionamiento en 1992, la Corte Constitucional colombiana ha sido protagonista del desarrollo de la Carta del 91, hasta tal punto que ha llegado a afectar notablemente presupuestos básicos intocables del anterior régimen legal, como la seguridad jurídica. Bajo los postulados de la defensa de la Constitución, del Estado Social de Derecho y de los derechos fundamentales, la jurisprudencia del tribunal constitucional colombiano ha enfrentado decisiones tomadas por los otros poderes, por jueces y magistrados, lo que ha generado el apelativo de gobierno de los jueces.AbstractConstitutional Justice in the World has had an outstanding evolution and Colombia has not had being foreign to this global tendency. Since its beginning in 1992, the Colombian Constitutional Court has being protagonist of the National Constitution of 91' until it notably affects the untouchable and basically concepts of the previous regulations, such as the juridical security. Under the postulates of defending the Constitution, the Law-Social State and the essential right, the Colombian Constitutional Court jurisprudence has faced decisions of the other powers and judges, which has produced the nickname of judges government.
20
Świątkowski, Andrzej Marian. "POLAND VERSUS THE BASIC EU PRINCIPLES OF THE RULE OF LAW." Roczniki Administracji i Prawa 4, no. XXI (December 31, 2021): 197–207. http://dx.doi.org/10.5604/01.3001.0015.8311.
Повний текст джерелаАнотація:
The employment law and social policy of the European Union, analyzed from the perspective of the Republic of Poland, reveal a serious difference between the views of Polish state authorities and EU institutions on employment and social security matters regulated by national labour law provisions in force in the RP. The CJEU ruled that the RP failed to fulfill the obligations resulting from the membership in the EU. The state authorities of the RP are trying to undermine this concept as part of the “reform of the judiciary”. They do not pay attention to its core, which is the limitation of state sovereignty in matters relating to the autonomy of judges and the independence of courts, but contest the interference of EU institutions in matters relating to the organization of the judiciary.
21
Toropkin, Sergey A. "Pension Provision for Judges in the Russian Empire." Pravosudie / Justice 3, no. 2 (June 25, 2021): 189–204. http://dx.doi.org/10.37399/2686-9241.2021.2.189-204.
Повний текст джерелаАнотація:
Introduction. Pension provision is one of the institutions which ensure the implementation of the principle of independence and impartiality of judges. The reform of the modern judicial institutions should take into account the accumulated historical experience of creating and developing both state and non-state pension mechanisms. The analysis of the genesis of pension legal relations in autocratic Russia allows us to understand the essence and purpose of modern institutions of post-service provision for judges, as well as to obtain a scientific basis for the ongoing transformations of the pension system as a whole. Theoretical Basis. Methods. The purpose of the research is to identify patterns and factors of creation and development of pension institutions for judicial employees in autocratic Russia. To achieve this goal, the following tasks were investigated: an analysis of the causes of the emergence and transformation of state pension institutions for Russian judges in the period from the XVII to the beginning of the XX centuries, the study of the system of emerital pensions of the Ministry of Justice of the Russian Empire, other non-state methods of pension provision, and the determination of functional characteristics of pensions of judicial employees in the specified period. In the course of the research a dialectical method of scientific knowledge was used, from the standpoint of which the reforms of the pension system and related legal norms were considered comprehensively, in development, interrelation and interaction with other phenomena of social and political life. General scientific (analysis, synthesis, deduction, induction, analogy, system- structural, functional, etc.) and specific scientific (formal-legal, comparative law, philological) methods were based on the dialectical method. Results. As a result of the research, the following conclusions were made: the pension system as a form of post-service provision for judges gradually replaced the system of feedings and estates as the rewards for service. Starting with one-time appointments of pensions personally by the monarch, the pension system gradually began to cover all civil servants. At the same time, seniority pensions in the autocracy could be received not only by judges, but also by other employees of the court apparatus. Additional pension guarantees for judicial employees appeared after the creation of the emerital Fund of the Ministry of Justice of the Russian Empire, as well as The Committee for the Charity of Honoured Civil Servants. Pensions in autocratic Russia had a broad function, including stimulating long-term honest service and preventing corrupt behavior. Discussion and Conclusion. State pension provision in Russia has always been an important element in the system of other legal incentives attracting the most talented lawyers to work in the courts. Of all forms of material security for judges, pension provision is the most conducive to conscientious public service of a judge as it is a kind of reward, a goal which can only be achieved through a long period of faithful service.
22
Laidler, Pawel. "The U.S. Supreme Court and the Cold War: Fear V. Security. The Times of Vinson Court and Warren Court." Polish Political Science Yearbook 36, no. 1 (March 31, 2007): 159–73. http://dx.doi.org/10.15804/ppsy2007010.
Повний текст джерелаАнотація:
The main field of my study concerns the role of the Supreme Court in American legal and political system. My research frequently focuses on the case law, especially on some of the most important cases in the Court’s history, and on their in#uence on the whole of political, economic, and social relations of the country. I personally believe that American federal judges – among whom the most in#uential are the Justices of the Supreme Court – have gained more power than the Framers of the Constitution agreed to give them. Such situation occurred mostly because of the creation of the power of judicial review by the Supreme Court, which allowed the judiciary to determine the contitutionality of acts created by the other branches of government.
23
Kolos, B., and N. Lobaz. "What should be the judicial system of Ukraine?" Scientific Messenger of LNU of Veterinary Medicine and Biotechnologies 20, no. 86 (March 1, 2018): 121–24. http://dx.doi.org/10.15421/nvlvet8623.
Повний текст джерелаАнотація:
The article outlines the proposed model for Ukraine of a new highly effective judicial system in which corruption and bribery will be impossible. It will be transparent, understandable, fair, transparent and accountable to Ukrainian citizens. After all, Ukraine has been shocking for the third decade by a mess in the state-government system. These are chaotic actions by government officials, the police, the SBU, the prosecutor's office and the courts. Therefore, this problem is complex. Because the occurrence of a problem in any process means that managing it is wrong. That is why Ukraine needs such a system of state governance based on the foundations of fundamental social sciences. Among the processes of public administration is a special place in the judicial system, designed to maintain justice in society. The system of democracy means that there should not be any official, enterprise or organization, uncontrolled and non-accountable community on the territory of the settlement! That is, the entire community, as the supreme authority in its territory, should be appointed, controlled, dismissed and punished for the offense by all the government positions, including the police, the prosecutor's office, the SBU, the courts. In this situation, double-no subordination must act. For example, a policeman should be administratively subordinated to the community, and methodically – the Ministry of Internal Affairs of Ukraine. After all, without exception, the governing bodies are obliged to ensure the freedom, rights, security and supreme power of the members of the community and the implementation of the National Idea. Therefore, the communities of the settlement are not in the right to impose any rulers from the outside. Because this is a dictatorship, not democracy. Therefore, the hierarchy of the judicial system in Ukraine should be built from below to the top. That is, from communities of settlements. For judges at these levels, they must vote in person. In the settlements, the entire community should be elected by the World Judges who are required to resolve the conflicts at the inception stage on the initiative of one, all conflating parties or third parties whose rights have been violated. The next instance should be the Local Court of the settlement, elected by the community. He should consider cases that were not resolved by the World judges, with their compulsory written conclusions. In the case of a judge of the Local Court, an Appellate Commission of the community of the village, in compliance with the freedoms, rights, security and supreme power of the person and the current legislation, shall consider the case of an unlawful decision. For making an illegal decision, the Commission has the right to impose on a judge and at the same time on the head of the court: a disciplinary sanction; dismiss from positions, deprive of all statuses and privileges; to prosecute them without the right to occupy any position related to legal activity for life. The highest judicial body should be the relevant Chamber of the Supreme Court of Ukraine. Judges of all levels must be selected on a competitive basis on the level of morality, on-national patriotic level, legal education and practical experience in legal work. The rest of the autonomous judicial structures must be eliminated as such, which rests on the body of the working people. Indeed, each judicial authority can, without any obstacles, have in its subordination the necessary sectoral Chambers.
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Khakim, Abdul. "PROBLEMATIKA PENGATURAN DAN PENERAPAN SANKSI PIDANA ATAS PELANGGARAN PASAL 15 UNDANG-UNDANG NOMOR 24 TAHUN 2011 TENTANG BADAN PENYELENGGARA JAMINAN SOSIAL." Audito Comparative Law Journal (ACLJ) 2, no. 1 (February 17, 2021): 43–56. http://dx.doi.org/10.22219/aclj.v2i1.15159.
Повний текст джерелаАнотація:
The purpose of this paper analyzes the differences in sanctions regulation for violations of Article 15 and Article 19 of Law No. 24 of 2011 on Social Security Administering Body (Law 24/2011), which is a violation of Article 15 of Law 24/2011 subject to administrative sanctions (based on Article 5 PP 86/2013), while violations of Article 19 paragraph (1) and (2) of Law 24/2011 are subject to criminal sanctions (based on Article 55 of Law 24/2011). This study used normative juridical research methods. The results of this study show that there is a gap in the regulation and application of sanctions between Article 15 and Article 19 of Law 24/2011, whereas substantive violations of both articles are the same, because employers do not register themselves and their workers as participants to the Social Security Administering Body (BPJS). In fact, it aims to avoid the collection and payment of dues of participants who are responsible to BPJS. It should be a violation of Article 15 of Law 24/2011 not subject to administrative sanctions, but criminal sanctions article 55 of Law 24/2011 as well as Article 19 paragraph (1) and (2) Law 24/2011. The problem is constrained by the principle of legality in criminal law and depends on the ‘Courage’ of the judge to make a legal discovery. Conclusions obtained in the study are: (a) open possibility of application of criminal sanctions (ultimum remedium)against violations of Article 15 of Law 24/2011; (b) the occurrence of dissent against the possible application of criminal sanctions for violations of Article 15 of Law 24/2011 due to the separation of sanctions arrangements; (c) Employees of The Manpower Supervisory (PPK) must be observant and committed in law enforcement, especially against violations of Article 15 of Law 24/2011; and (d) on the issue of differences in sanctions it needs a deep understanding and built comprehensive legal construction as well as the need for legal discovery by judges.
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Zamir, Itzhak. "Human Rights and National Security." Israel Law Review 23, no. 2-3 (1989): 375–406. http://dx.doi.org/10.1017/s0021223700016782.
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The State of Israel came into being forty years ago. Its Declaration of Independence proclaimed that the State “shall guarantee complete equal social and political rights to all its citizens without regard to religion, race or sex”. At the time there was a war being waged for Israel's independence, a war which is not yet over. The threat to Israel's security, both from within and without, is still very real. The struggle for security has been going on, unabated, for forty years, and it exacts a price. Among other things, it exacts a price in human rights. Freedom of expression, for example, is subject to military censorship. As a British judge once remarked, war is not waged in accord with the principles of the Magna Carta.
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Saa, Olivia, and Julio Michael Stern. "Auditable Blockchain Randomization Tool." Proceedings 33, no. 1 (December 2, 2019): 17. http://dx.doi.org/10.3390/proceedings2019033017.
Повний текст джерелаАнотація:
Randomization is an integral part of well-designed statistical trials, and is also a required procedure in legal systems. Implementation of honest, unbiased, understandable, secure, traceable, auditable and collusion resistant randomization procedures is a mater of great legal, social and political importance. Given the juridical and social importance of randomization, it is important to develop procedures in full compliance with the following desiderata: (a) Statistical soundness and computational efficiency; (b) Procedural, cryptographical and computational security; (c) Complete auditability and traceability; (d) Any attempt by participating parties or coalitions to spuriously influence the procedure should be either unsuccessful or be detected; (e) Open-source programming; (f) Multiple hardware platform and operating system implementation; (g) User friendliness and transparency; (h) Flexibility and adaptability for the needs and requirements of multiple application areas (like, for example, clinical trials, selection of jury or judges in legal proceedings, and draft lotteries). This paper presents a simple and easy to implement randomization protocol that assures, in a formal mathematical setting, full compliance to the aforementioned desiderata for randomization procedures.
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Keiser, Lael R., and Susan M. Miller. "The power of comparisons: Peer information as a management tool." Public Policy and Administration 34, no. 4 (July 9, 2018): 494–516. http://dx.doi.org/10.1177/0952076718779665.
Повний текст джерелаАнотація:
While previous research has explored how performance data can influence organizations and considered the factors that shape public managers' use of performance data, we know less about the way in which individual bureaucrats respond to performance information. Considerable research illustrates the power of peer information in a variety of contexts, including energy use, voting, and charitable giving. We suggest that public employees may adjust their behavior in response to information about how their performance compares with their peers. Providing peer information to public employees allows for learning. If alerted to an unflattering comparison, public employees might be motivated to alter their behavior. Using the case of administrative law judges in the Social Security Disability programs, we find evidence that is consistent with the expectation that individual bureaucrats respond to peer information. This study provides insight into whether and how public managers can harness the power of peer information.
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Żółtek, Sławomir. "Glosa do postanowienia Sądu Najwyższego z dnia 30 września 2015 r., I KZP 9/15." Studia Iuridica 69 (September 11, 2017): 9–20. http://dx.doi.org/10.5604/01.3001.0010.4180.
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Author approves in the commentary to the judgment the position taken by the Supreme Court of Poland in the decision of 30 September 2015, I KZP 9/15. The Supreme Court considered the problem of composition of the District Court – Labour and Social Security Court adjudicating on an appeal against the judgment of the National Disciplinary Court of the National Chamber of Auditors. As argued in the commentary, the District Court does not instigate disciplinary proceedings from the beginning but continues it as an appellate body. The main disciplinary proceedings are held before the National Disciplinary Court of the National Chamber of Auditors. The District Court although acts as a court of first instance with an appeal to the Court of Appeals, has limited powers only to verification of the National Disciplinary Court’s judgment. Thus, the District Court sits in a three-judges panel (art. 29 § 1 k.p.k.).
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Alouane, Rim-Sarah. "God, the Pencil, and the Judge: Exploring the Paradoxes Regarding Protection of Freedom of Religion and Expression in France." Religion and Human Rights 11, no. 1 (April 30, 2016): 5–20. http://dx.doi.org/10.1163/18710328-12341296.
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The clash between religious freedom and freedom of expression has created social turbulence, political discord, and marginalisation of religious minorities, the latter of which is seen by many as having security implications. The author explores the possibility of a framework that reconciles freedom of religion and freedom of expression within a very unique French context. Recent events show that the issue continues to be unresolved; courts are frequently seized by those who argue that their beliefs were harmed and seek reparation, and proponents of free (and sometimes hostile) expression are fighting back. The author will discuss methods used by French judges to determine offense to religious sentiment—sometimes in very tricky and arbitrary ways—as broadly defined as violations of beliefs, symbols and religious rites, and will seek common ground with generally accepted norms of free expression that can exist within a framework of public order that respects all citizens.
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Gierszewski, Janusz. "The Image of People and Property Security Personnel as Perceived by the Residents of Słupsk city." Security Dimensions 28, no. 28 (December 31, 2018): 35–50. http://dx.doi.org/10.5604/01.3001.0013.1613.
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Security as a social category is realised intuitively (subjectively) and is not always subject to unambiguous (objective) assessments. The perception of various formations tasked with ensuring public security and order gives rise to extreme assessments, sparking numerous discussions on how to judge their functioning. In today’s world, it is hardly surprising that various services (including private services) operate in cities, ensuring the security of the residents. The aim of the article is to analyse the basic components which shape the social image of people and property security services in the public consciousness of the inhabitants of Słupsk – a medium-sized city in Poland . This has been researched on the basis of empirical surveys (questionnaires) diagnosing the assessment of the work and activities of security personnel. The research problem is the following question: What is the image of people and property security services in the system of security and public order, as perceived by the residents of Słupsk, a medium-sized Polish city? The quantitative research conducted for the purpose of this paper was carried out in the form of a diagnostic survey, and the technique applied were questionnaires.
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Grover, Chris, and Linda Piggott. "Disability and Social (In)Security: Emotions, Contradictions of ‘Inclusion’ and Employment and Support Allowance." Social Policy and Society 12, no. 3 (November 30, 2012): 369–80. http://dx.doi.org/10.1017/s1474746412000619.
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The focus of this article is on the ways in which emotions are engaged in the discursive construction and treatment of disabled people in receipt of social security benefits. The article draws upon the literature related to the social importance of emotions and that concerned with moral boundary drawing. It argues that the evocation of emotional reactions is crucial in understanding the ways in which changes to out-of-work benefits for disabled people (the development of Employment and Support Allowance) have recently been effected and the ways in which this has reflected a desire to more closely denote those judged able and not able to work in a redrawing of the ‘disability category’. While this has been done in the name of ‘inclusion’, the article concludes that its consequences are, in various ways, the ‘exclusion’ and stigmatisation of disabled people.
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Stepanenko, Diana, and Mikhail Mushinskiy. "The Effectiveness of Counteracting Extremism." Russian Journal of Criminology 13, no. 5 (October 31, 2019): 803–15. http://dx.doi.org/10.17150/2500-4255.2019.13(5).803-815.
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The article discusses the counteraction to one of the negative phenomena in modern Russian political and social landscape — terrorism. In spite of the measures that are currently taken against the cases of extremism, this issue remains urgent. Two interconnected factors reduce the effectiveness of counteracting extremism: 1) flaws in the system of sources of law, namely, insufficient strategic planning, systemic gaps in the anti-extremism legislation, weak links between its elements and the normative legal acts of relevant branches of law; 2) virtual absence of a legal definition for the basic concept of «extremism». The authors examine these factors and give recommendations on improving the effectiveness of counteracting extremism. According to them, it is necessary to develop a national security doctrine for the Russian Federation, whose integral part should be the theoretical basis of counteracting different types of extremism as one of the threats to national security. Next step would be to use this doctrinal base to develop the concept of ensuring national security, which will have an anti-extremism section. Only then should specific strategies be developed, and the legislation should be adjusted in accordance with them. The authors note that it is necessary to formulate the legal definition of the concept of «extremism», which would include its essential features and encompass all major manifestations, and stress that clearly described features of the phenomenon, which are united within one definition, should form the basis that the judges use to identify some actions, organizations or materials are extremist. In this connection, the right solution is not the rejection of the legal category of «extremism», but its more precise definition, provision of terminological clarity and accuracy, its consistent separation from adjacent legal categories, primarily, from the concept of «terrorism». The authors present a working definition of the concept of «extremism».
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Issalys, Pierre. "Regards sur le droit administratif suisse." Les Cahiers de droit 19, no. 3 (April 12, 2005): 703–79. http://dx.doi.org/10.7202/042262ar.
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Looking at Swiss administrative law from a Quebec perspective, this paper outlines some aspects of the Swiss system that provide useful models or references for the discussion and resolution of current issues in Canadian and Quebec administrative law. These issues are identified as (1) the proliferation of independent administrative agencies, and the means to control or at least systematize the growth of such structures ; (2) the desirability and feasibility of enacting general standards of procedure for administrative action ; (3) the simplification of remedies in the field of judicial review of administrative action ; (4) the desirability and feasibility of allocating judicial review powers to a specialized court, either within or outside the Superior Court ; and (5) the desirability and form of a procedure allowing for political intervention in the decision-making process of independent agencies. In the light of these issues, the paper describes the allocation of review functions between administrative and judicial bodies in Swiss federal law. The structure and activity of the Swiss Federal Court (Tribunal fédéral), and especially of the division of the Court that deals with most administrative law cases, are outlined in some more detail. A short historical sketch leads to a discussion of the corresponding features of the law in some of the cantons, and to consideration of the special position given to social security matters in the general scheme of administrative law. The paper then focusses on administrative action itself, commenting on the most significant provisions in the Federal Administrative Procedure Act (Loi fédérale sur la procédure administrative) of 1968. Special attention is paid to the process of review within the administration, up to the level of the federal cabinet (Conseil fédéral). Corresponding provisions in the law of some of the cantons are also briefly discussed. The description of the federal review process is then completed by an outline of the procedure for judicial review of administrative action by the Federal Court (Recours de droit administrative). Finally, notice is again taken of the special position of social security as regards administrative procedure. The paper draws attention, in its concluding part, to the most interesting insights provided by Swiss law into the current problems of Canadian and Quebec administrative law. The growth of administrative tribunals has been brought under control by structural arrangements, especially in the field of social security. The introduction of general standards of procedure has brought greater uniformity and clarity, has emphasized the unity of administrative process including the review phase before administrative or judicial authorities, and has strenghtened the rule of law over government action. The existence of a single procedure to invoke judicial review eases access to the court. While in many cases review by the court is excluded, these exclusions have to be specific, and leave full opportunity for review within the administration, with adequate safeguards provided by the Administrative Procedure Act. Specialization occurs within the Federal Court, and does not involve a rigid separation between judges applying administrative law and judges applying other branches of the law, as in France or Germany. Finally, ultimate political control over certain types of decisions is admitted as a part of life in Swiss federal law, but is at the same time subjected to a quasi-judicial procedure which makes it an acknowledged source of administrative justice.
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Rahimi, Roohollah, and Hamid Shakeri. "Reflection on Judicial System’S Corruption and Offering Solutions to Promote Its Safety." Journal of Politics and Law 9, no. 9 (October 30, 2016): 187. http://dx.doi.org/10.5539/jpl.v9n9p187.
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<p>Judicial system of a society is responsible for consolidation and durability of its citizen’s mental and physical, personal and social health and judges bear decision making about citizens’ life, the freedom, rights, duties and estates. One of the items contained in United Nations’ charter is creating the conditions which in it, it is provided justice, respect to human’s rights and basic freedoms without any discrimination. With this purpose, countries’ judicial system should have full safety and in order that anti-corruption laws find run opportunity, it is natural that at first judicial system should be safe from corruption.</p>Writers in this study are paid to investigate reasons and fields of judicial’s corruption to achieve available best procedures in countries’ internal courts and judicial system with the aim of offering global standards and it is introduced available tools to qualitative increase of supervision and establishment of judicial’s security. After reviewing available national and international standards, this article is paid to offer solutions in the direction of judicial system safety’s promotion of Islamic Republic of Iran, assuming that the results of such approach will be increasing of public welfare and trust toward Islamic government.
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Tokarska-Bakir, Joanna. "Cries of the Mob in the Pogroms in Rzeszów (June 1945), Cracow (August 1945), and Kielce (July 1946) as a Source for the State of Mind of the Participants." East European Politics and Societies: and Cultures 25, no. 3 (July 11, 2011): 553–74. http://dx.doi.org/10.1177/0888325411398916.
Повний текст джерелаАнотація:
Although the starting point for all the Polish postwar pogroms (save for one) was a blood libel, this particular motif did not attract the historians’ attention until recently. Theories on plots devised by “Soviet advisors” or “Zionists” enjoyed an incomparably greater popularity. This article, based upon the documentation of the Rzeszów and Kielce pogroms, the most recent ethnographic resources (2005—2009), the documentation used in Marcel Łoziński’s documentary Świadkowie ( The Witnesses; made in 1980s), and an intensive search at the National Remembrance Institute (IPN), reveals a uniform social-mental formation of those partaking in the pogroms—the attackers and militiamen disciplining them, public prosecutors, and judges. All of them—including militiamen and Security Service officers—were subject to a blood libel suggestion. Traces of this thread have survived till this day in some segments of Polish society—not only in the countryside population, despite any appearances. This article aims at showing how an anti-Jewish alliance was getting formed in the first years after the liberation, on the grounds of a gradually strengthening “Polish national socialism,” and along with it, a synthesis of religious anti-Semitism (Jew as a “kidnapper/bloodsucker”) and a modern anti-Semitism (Jew as a “capitalist/bloodsucker” and “Judeo-communists” contaminating a sound national/party organism).
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Griffin, Larry J. "Commentary." Social Science History 24, no. 2 (2000): 423–27. http://dx.doi.org/10.1017/s0145553200010221.
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Colorblind Injustice is an angry, ambitious, and very valuable book. In it,Kousser argues that the Second Reconstruction—that is, the post-1965 edifice of law and institutions securing essential African American and Latino civil rights and effective political voice—has been disastrously undermined, possibly mortally so, by the distorted, ignorant, or malicious (and, ultimately, to Kousser, dangerous) misinterpretations of the history of American race relations and of the meaning of the nation’s voting rights laws and Reconstruction-era constitutional amendments.The culprits in this tale include, among other members of the Rehnquist Supreme Court, Justices Sandra Day O’Connor and ClarenceThomas; political scientist AbigailThernstrom,who believes that past discrimination against racial minorities never justifies raceconscious remedies; overzealous Republican (and Democratic, though more of the former than the latter) party partisans; and a lot of additional white politicians, officials, and judges ranging in localities from Los Angeles to North Carolina.
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Walczak, Waldemar. "Instrumentalne wykorzystywanie władzy sędziowskiej po wyroku TSUE – wieloaspektowa analiza legalnej korupcji." Studia Prawa Publicznego, no. 2 (30) (June 15, 2020): 107–60. http://dx.doi.org/10.14746/spp.2020.2.30.5.
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The article presents considerations and multifaceted analyses of the conditions and motives of judicial decisions taken after the judgment of the TSUE 19 November 2019, in the context of how Poland’s judiciary system functions. It begins by explaining how to perceive and understand the essence of legal corruption in terms of the use of law, power and professional position. The possibilities of the intentional use of judicial power for specific needs and purposes is discussed in this context. The next part of the paper is devoted to a critical analysis of selectively interpreted right to a tribunal enshrined in art. 45 of the Polish Constitution in connection with other values enshrined therein. The right of every citizen to a fair and public hearing of their case, without undue delay by a competent, independent, impartial and independent court, is presented in terms of the constitutional perspective, the principle of equal treatment and non-discrimination. The problem outlined here is considered from the point of view of protection against the arbitrariness of authorities and the possibility of appealing against personnel decisions enabling employment to be taken up in selected positions in state institutions. Attention is paid to the privileged legal position of judges over other citizens. The issues described and the arguments presented in this article are entirely overlooked in the literature, as well as in public debate. What follows is an explanation of how TSUE rulings are interpreted differently by various public authorities. Reference is also made to the dictum of the Supreme Court judgment of 5 December 2019, which was issued in its Labour Law and Social Security Chamber. That process initiated specific actions and activities taken by individual groups of Supreme Court judges. Finally, the resolution of the combined three chambers of the Supreme Court on 23 January 2020, the judgment of the Constitutional Tribunal of 20 April 2020, and divergent decisions regarding the implementation of the TSUE’s position of 8 April 2020 are discussed.
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Riolo, A., C. Battiston, A. Lusina, C. Sindici, and U. Albert. "The psychosocial rehabilitation of the offending psychiatric patients: Looking the good practices." European Psychiatry 64, S1 (April 2021): S790—S791. http://dx.doi.org/10.1192/j.eurpsy.2021.2090.
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IntroductionThe Italian law 81/2014 has given a strong push to the design of therapeutic-rehabilitative paths for psychiatric patients who are offenders. This innovation requires a constant organizational effort on the part of mental health services to enforce the law. The rehabilitation team is represented by different professionals like psychiatrists, psychologists, nurses, psychiatric rehabilitation technicians, educators, social workers and others. They must be able to work in an integrated way among them and with private social sector.ObjectivesIt is in our interest to reach an agreement between different professionals working in the rehabilitation-forensic field about good practices.MethodsWe have prepared a survey to identify good practices in the field of psychosocial rehabilitation of the offender psychiatric patient, involving different professionals who have expertise.ResultsThis audit revealed, in everybody’s opinion, that these offending citizens have received a security measure capable of having greater control over their actions in a therapeutic-rehabilitative perspective but it is fundamental to educate them also to exercise their own safety for a social shared culture. Ensuring the safety of the offender during the therapeutic-rehabilitative path is as important as responding to a society’s need for social security.ConclusionsSatisfying a society’s need for security, established by the Judge and the Law, all this cannot separated from the active exercise of security of the offending psychiatric patient towards himself, through psychoeducation. The safety towards others and towards oneself can constitute a good practice in the field of psychosocial rehabilitation.DisclosureNo significant relationships.
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Vicente, José, and Susana Loureiro. "Judicial Judgments and Non-Privative Measures of Freedom: Legal Criteria and Social Impacts." European Scientific Journal, ESJ 17, no. 26 (August 8, 2021): 78. http://dx.doi.org/10.19044/esj.2021.v17n26p78.
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This paper focuses on the main lines of action that guide the debate between social and legal issues in the attribution of non-custodial penalties. The emphasis is specifically placed on the vulnerability to social exclusion and how to categorize offenders. This begins from the premise that certain stigmatizing attributes and relationships put the person in a position of fragility that conditions them to live their citizenship to the full. It is well known that the social rules and laws instituted at national level exist to condition and establish limits among citizens in order to promote healthy coexistence and non-compliance, which is punishable by law. Infractions are based on the social inadequacy or pathological disability of some citizens. The existence of social control mechanisms is felt by a large part of the community as a means of security and an advantage in guaranteeing the stability and sustainability of the social structure and organization. In this context, the judicial sentences with penalties and non-custodial measures are in force in the legal system with the principle of deterring offenders and reducing the contagion of experiences in the prison context. The judicial penalties, which initially were seen as merely having a compensatory function to the evil of crime, are answered with the evil of the penalties. This evolved to the current conception, and the purposes that should guide the application of the penalties are exclusive, preventive, general, and special. This change in perspective happens because the socialization of the agent assumes a preponderant role today in determining the judicial sentence (private or non-custodial sentences) to be applied in order to contribute to its regeneration, re-education, re-socialization or social reintegration. From the data collected, in the latest reports prepared in Portugal by the Directorate-General for Rehabilitation and Prison Services and by the Statistics Services of Justice, it is clearly seen that there has been a concern by judges/magistrates to articulate with these and other community structures to collect social information and social reports. This is done so that the penalties are attributed fairly, in order to take into account the regenerative character and to promote the social and professional reintegration of the offenders.
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Hays, Bradley D. "The Curious Case of School Prayer: Political Entrepreneurship and the Resilience of Legal Institutions." Politics and Religion 5, no. 2 (July 30, 2012): 394–418. http://dx.doi.org/10.1017/s1755048312000089.
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AbstractSchool prayer represents a curiosity of Reagan era politics. Reagan and the social conservative movement secured numerous successes in accommodating religious practice and faith in the public sphere. Yet, when it came to restoring voluntary school prayer, conservatives never succeeded in securing the judicial victory that they sought despite conditions that seemingly favored change. Herein, we attempt to reconcile Reagan era successes with Reagan era failures by exploring Reagan's entrepreneurial activity to affect both the demand (i.e., judges) and supply (i.e., litigants) side of legal change. Identifying Reagan's entrepreneurial activities in his attempt to alter national social policy reveals the resilience of legal institutions to presidential and partisan regimes. Reagan's efforts to change national school prayer policy gained some measure of legislative success by securing the Equal Access Act but it failed to garner a change in school prayer jurisprudence. We conclude by noting that the difficulty of influencing both the demand and supply side of legal change in a timely manner and its implication for reconstructing policy through the courts.
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Meirison, Meirison. "ADMINISTRATION AND FINANCE SYSTEM OF THE OTTOMAN EMPIRE." Jurnal Ilmiah Al-Syir'ah 18, no. 2 (December 27, 2020): 91. http://dx.doi.org/10.30984/jis.v18i2.1113.
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The article aims to reveal the form of administration of the Ottoman Empire, which is not much discussed in history books, especially in Indonesia, an administration that seems chaotic. The description and form of administration take from various sources, especially in the collapse and degradation of leadership. The author tries to explain the advantages and disadvantages of the Timar system run by the Ottoman Turkish Empire. Data collection is carried out through literature study, data verification, interpretation, and financial administration chronology writing. The results show that the Ottoman Empire system of government has developed according to its territory-administration of agricultural Land managed by Sipahi and Subasyi. In implementing the Ottoman Islamic Sharia, the judges have the task of settling civil, criminal, and financial cases in coordination with the regional government and the government. At a glance, the Ottoman had a feudal system similar to the West's system at the time, but there were fundamental differences in land ownership. Land tenants in the West have no right to enjoy the harvest, let alone control the Land for generations. Slaves in Western Europe cannot be separated from hereditary Land. They cannot enjoy the agricultural products they have worked for themselves the Timar system's dysfunction results in losses in military, economic, social, and educational procurement. Even though, when analyzed in the Timar system, many support food security. However, this system still illustrates the principle of the land system adopted by Islam, namely Land to the tiller.
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Mubarok, Muhamad Sofi. "MEMBEDAH ANATOMI FIQH SIYASAH DALAM PUTUSAN MAHKAMAH KONSTITUSI TENTANG PRESIDENTIAL THRESHOLD." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 8, no. 2 (December 1, 2020): 215–37. http://dx.doi.org/10.52431/tafaqquh.v8i2.332.
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The Constitutional Court sets presidential threshold as an open legal policy or open law policy for legislators. In other words, presidential threshold as stipulated in Act Number 7 of 2017 on General Elections, especially in the article 222, does not contradict to the Constitution of the Republic of Indonesia 1945 and its accordance with efforts to maintain government stability. Although this decision left two constitutional judges dissenting opinion since it was issued, the decision is relevant to the fiqh siya>sah construct concerning the need to maintain government stability through determining sufficient conditions in the selection process for the head of state. Borrowing Norman Fairclough's Critical Discourse Analysis (CDA) approach, the decision is in accordance to the fiqh siya>sah dictum for two reasons. First, there is a religious dogma which states that a head of state must come from the strongest clan through prophet tradition (al-hadis) states, al-aimmatu min-quraysyin. Second, in the fiqh siya>sah tradition, any policy can be formulated as long as the benefit of the people can be achieved. The stipulation of strict prerequisites is not intended to obstruct the right of a mukallaf to be elected as head of state, but aims to achieve other interests that are greater and benefit society, in the form of advocating for the rights of the state, ensuring a sense of security, and the realization of religious values in social life.
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Tian, Weili. "Research on the Social Impact of Artificial Intelligence and Government’s Coping Strategies." Administrative Consulting, no. 7 (September 9, 2020): 114–23. http://dx.doi.org/10.22394/1726-1139-2020-7-114-123.
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“Artificial intelligence” is one of the most popular buzzwords in the society at present, and was selected as the “Top Ten Chinese Media Popularity in 2017”. Human society is gradually entering a new era of artificial intelligence. Artificial intelligence is not just a scientific and technological innovation, but will bring about a big change in social life. As the State Council’s “New Generation Artificial Intelligence Development Plan” pointed out: “The rapid development of artificial intelligence will profoundly change human social life and change the world.” In the face of the new situation in the new era, governments at all levels must take the initiative to seek change and change, firmly grasp the major historical opportunities for the development of artificial intelligence, keep abreast of development, research and judge the general trend, actively plan, grasp the direction, seize the opportunities, and lead the world in the development of artificial intelligence. The trend, serving economic and social development and supporting national security, drives the overall leap and leapfrog development of national competitiveness.
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Kolos, B., and N. Lobaz. "How to build a highly civilized, highly developed, people's and democratic Ukrainian state." Scientific Messenger of LNU of Veterinary Medicine and Biotechnologies 20, no. 86 (February 24, 2018): 53–56. http://dx.doi.org/10.15421/nvlvet8610.
Повний текст джерелаАнотація:
The article outlines the logical legal and regulatory sequence of building a highly civilized, highly developed and democratic Ukrainian state that will maximally facilitate the implementation of natural inviolable freedoms, rights, security and supreme power of a Ukrainian citizen and his social duties, rights and responsibilities in the family, community , nation and state. After all, Ukraine is shocked by populist speeches of immoral and illiterate government officials of different levels, their pseudoreforms, pseudo-decentralization and other chaotic actions lead the state to collapse, and people are lowering them to even greater poverty. The people are completely deprived of their property and state control. Prosecutors, judges, police, the SBU and other governing bodies of the state are not controlled by the people. The state's control went into the hands of criminal-oligarchic clans, which loose it uncontrollably and cynically. It should be noted that the management of a civilized state is the most complicated process in the world, which is tens of thousands of times more complex than the most complex computer and space technologies. Therefore, the management of the state categorically can not allow people with immoral reputation and without deep theoretical knowledge and practical skills in management science, micro-and macroeconomics, finance and freedoms and human rights. To build a Ukrainian state that will serve exclusively a man of honest work, he will constantly increase the welfare of his life and the power of the state and make it impossible for anyone to parasitize, and in any way, for another's account, one should link in one harmonious and dynamic whole such state-building mechanisms: socially-economic justice; the selection and appointment by the people of government personnel at all levels and control over their work; development of industrial production, entrepreneurship, agro-industrial complex and farming; wholesale and retail trade; communications and engineering; efficient use of all natural resources, recycled materials and private and public property; social infrastructure of settlements; foreign economic activity and investments; development of science and innovation; prophylactic, diagnostic and medical care of the population; the protection of freedoms, rights, security, the supreme power of man and the clear and unconditional compliance of all citizens and officials with the laws in force; internal and external security of citizens, communities of settlements and the state; operational and statistical control over the implementation of strategic and current programs for the development of settlements and the state, their diagnosis and improvement of management, systematic and comprehensive explanatory and educational work in Ukraine and abroad, as well as the formation of a highly civilized worldview of Ukrainians and their unification into a single monolithic highly professional and active National Community and state-building force.
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Song, Yan Dong. "Design on Intelligent Overfreight Scale System of Coach in Vehicle Engineering." Applied Mechanics and Materials 319 (May 2013): 579–82. http://dx.doi.org/10.4028/www.scientific.net/amm.319.579.
Повний текст джерелаАнотація:
In recent years, Chinese highway transportation problem became more and more serious in the overfreight, which has become a danger for the lives and state property security, and affected social economic coordination but also the social healthy development. The development and popularization of load meter is one of the solution of this problem. In addition, the implementation of more reasonable meter weight charge way also need to load instrument as the foundation. In this paper, based on the infrared detection circuit and microcontroller overfreight scale system of the coach was designed. When the coach pass through load meter with a certain speed, it can weigh out the axle loading of the coach, accordingly it can judge that whether the vehicle is overfreight or not.
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Szőke, Alexandra. "Spending like a state: (In)formal credit, the local government and the rescaling of insecurities." Szociológiai szemle 28, no. 4 (2018): 111–32. http://dx.doi.org/10.51624/szocszemle.2018.4.5.
Повний текст джерелаАнотація:
This paper examines informal credit practices in a remote Hungarian village. It explores the central role informal credit plays in people’s present and future social security as they strategize about using various resources amid large-scale unemployment and limited local resources. It furthermore explains the reasons for the local prevalence of the former, the ways such credit is used by individuals and families vis-à-vis other informal and formal arrangements, and how the users are morally judged. The analysis puts special emphasis on the links between individual practices of informal credit, the distributional practices of the local state, and broader socio-political tendencies. In doing so, the study reveals that the indebtedness of the local government and its short-termist distributional practices on the one hand, and the indebtedness of local unemployed people and the short -termism evident in their spending on the other can be linked to the same phenomenon; namely, the rescaling of insecurities.
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McQuinn, Brian. "Assessing (In)security after the Arab Spring: The Case of Libya." PS: Political Science & Politics 46, no. 04 (September 30, 2013): 716–20. http://dx.doi.org/10.1017/s1049096513001170.
Повний текст джерелаАнотація:
The struggle to shape the narrative of Libya's postwar transition is being fought more intensely outside of the country than within it. The legitimacy of the military intervention in Libya by the West, supported by Qatar and the United Arab Emirates (UAE), has become tied to the perceived success or failure of the transition process: A positive outcome (i.e., the installation of liberal democracy) would legitimize NATO's intervention and, with it, the merits of interventionist military doctrines more broadly; a failure chastens such a policy. Putting aside questions about whether the legitimacy of the intervention should be primarily judged by the outcome of the transition, the practical consequence of this ulterior motive for judging the success or failure of the transition has warped international coverage of Libya. It has created incentives for observers to cherry-pick their portrayal of events so that they can present unambiguous conclusions about the progress of reforms and the transition in general (Rubin 2013; Wagner and Cafiero 2013). This myopia is unhelpful; it distorts international policy on Libya and results in scant analysis of the underlying (and often antithetic) social, political, or security dynamics shaping the transition. To remedy this, the following analysis examines the micropolitics of violence undergirding Libya's transition. As its basis John Gledhill's tripartite framework is used for understanding the causal pathways to collective violence during political transition (see “Editor's Introduction”). The contributions on Yemen and Egypt, which follow this article, also adopt Gledhill's framework, permitting comparison among these cases.
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McNeill, Lisa S. "Fashion and women’s self-concept: a typology for self-fashioning using clothing." Journal of Fashion Marketing and Management: An International Journal 22, no. 1 (March 12, 2018): 82–98. http://dx.doi.org/10.1108/jfmm-09-2016-0077.
Повний текст джерелаАнотація:
Purpose An individual’s identity is defined in the role that they devise for themselves, based on social positions. Examining identity motives can help in understanding what influences one to take on a particular role. Self-esteem is one of the major motivational drivers in determining the role that an individual takes on. Individuals, through self-presentation, are said to be motivated to control the impressions others form of them. In this way, self-concept and fashion innovativeness are linked – with prior research suggesting that those with high levels of fashion innovativeness are also those with a strong sense of self. Where a gap remains, however, in exploring the direction of the relationship between self-concept and being more innovative and fashionable in clothing choices, as well as how individuals reflexively judge their own fashion choices against their perception of others – e.g. can you force yourself to be a fashion leader? The paper aims to discuss these issues. Design/methodology/approach This study takes a lived experience approach to examine fashion as a tool in establishing social hierarchies amongst women. The study uses depth interviews with ten women to explore the developed self-concept of women actively engaged with fashion consumption. Findings The research presents a typology of fashion identities, exploring notions of security, dominance and innovativeness in self-fashioning using clothing. Research limitations/implications The research is exploratory, and limited to a sample of ten women. However, the study offers a number of key findings to drive future research in this area. Practical implications The research finds that both security of self-concept, in relation to fashion and general self-esteem, as well as insecurity, can motivate women towards fashion independence. This suggests that identity-based marketing is likely to be more successful than lifestyle-based marketing, when selling women’s fashion clothing. Social implications In prior research, self-concept and fashion innovativeness are linked – with prior research suggesting that those with high levels of fashion innovativeness are also those with a strong sense of self. This study finds that those with an insecure sense of self may also exhibit fashion independence, using fashion to acquire social capital. Originality/value This paper illustrates the concept that, unlike previous notions of fashion independence and engagement with fashion, these fashion-involved categorisations of behaviour are not always driven by sophistication, confidence, creativity and low fear of risk. Instead, this study has shown that fashion innovativeness can be motivated by an overarching fear of the outcomes of being judged unfashionable.
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Xu, Yin, and Hong Ma. "Research and Implementation of the Text Matching Algorithm in the Field of Housing Law and Policy Based on Deep Learning." Complexity 2021 (October 11, 2021): 1–9. http://dx.doi.org/10.1155/2021/3165600.
Повний текст джерелаАнотація:
Machine learning enables machines to learn rules from a large amount of data input from the outside world through algorithms, so as to identify and judge. It is the main task of the government to further emphasize the importance of improving the housing security mechanism, expand the proportion of affordable housing, increase financial investment, improve the construction quality of affordable housing, and ensure fair distribution. It can be seen that the legal system of housing security is essentially a system to solve the social problems brought by housing marketization, and it is an important part of the whole national housing system. More and more attention has been paid to solving the housing difficulties of low- and middle-income people and establishing a housing security legal system suitable for China’s national conditions and development stage. Aiming at the deep learning problem, a text matching algorithm suitable for the field of housing law and policy is proposed. Classifier based on matching algorithm is a promising classification technology. The research on the legal system of housing security is in the exploratory stage, involving various theoretical and practical research studies. Compare the improved depth learning algorithm with the general algorithm, so as to clearly understand the advantages and disadvantages of the improved depth learning algorithm and depth learning algorithm. This paper introduces the practical application of the deep learning model and fast learning algorithm in detail. Creatively put forward to transform it into an independent public law basis or into an independent savings system.
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Record, Katherine L. "Litigating the ACA: Securing the Right to Health within a Framework of Negative Rights." American Journal of Law & Medicine 38, no. 2-3 (June 2012): 537–47. http://dx.doi.org/10.1177/009885881203800211.
Повний текст джерелаАнотація:
President Obama entered the White House with a clearly defined goal: expanding healthcare coverage to all Americans. He marketed this goal to the public and Congress as a “moral imperative,” as well as a necessary means to achieving a “more effective and efficient health care system.” Yet as reform proceeded, it became clear that the latter was the preeminent, if not only, goal of most legislators. While the President's rhetoric was essential in drumming up support for historic reform, it reflects an appreciation for human rights that many Americans do not share. As Congress focused on the failings of the most expensive healthcare system in the world, it became evident that the right to health (a fundamental and nonderogable human right under international law) would not be a factor in the new legislation.This defining characteristic of reform may, paradoxically, prove invaluable in preserving the law. In challenging the Patient Protection and Affordable Care Act (ACA), litigators, politicians, and judges have focused on principles of federalism, asserting that Congress has overstepped its authority in enacting such landmark legislation. As opponents hone in on the insurance mandate and Medicaid expansion, they condemn the unprecedented expansion of coverage that moves America closer to realizing a universal right to health. The government has an extremely strong argument that these provisions are properly grounded within Congress’s authority to regulate commerce or within its taxing and spending power, although legal scholars differ on the Supreme Court’s projected interpretation of the matter. Still, the law’s basis in economic regulation, and not rights, will, if anything, prove to be its saving element.