scholarly journals The Procuracy as a Subject of Constitutional Debate: Controversial and Unresolved Issues

2016 ◽  
Vol 11 (2) ◽  
pp. 309-328
Author(s):  
Lan Phuong PHAM

AbstractThe people’s procuracy is a transplanted Soviet-style institution in Vietnam, which currently exercises the public prosecution function along with the supervision of judicial activities. Debates about the procuracy’s role and function started as early as when the 1992 Constitution of the Democratic Republic of Vietnam (1992 Constitution) was drafted and they were facilitated by the judicial reform policies. In the process of revising the 1992 Constitution, heated debates on the procuracy continued. The subject of these debates included almost every fundamental aspect of the procuracy such as its institutional location, functions, duties, organization, and operation. This article reviews the constitutional debates concerning the procuracy between 2011 and 2013. It analyzes and compares the developments of the debates in this period with those that had occurred in the past, highlighting, in particular, key issues that remain unresolved. It argues that the controversy surrounding the procuracy reflects the legal and political complexities in Vietnam, especially the lack of agreement on institutional issues such as the rule of law, socialist legality, and control of powers.

2009 ◽  
Vol 131 (1) ◽  
pp. 117-126 ◽  
Author(s):  
Susan Bye

The letters published in Melbourne's three TV magazines ( Listener In-TV, TV Week and TV Times) during the establishment period of the city's television service offer an insight into a number of the issues, concerns and interests that were a feature of the public negotiation of television during this period, as well as attesting to an understanding that the local production landscape was a shared enterprise answerable to the viewers who supported it. The vociferous discussions that took place in the public arena of the letters pages were not necessarily representative of any general response to the city's TV service, but they unsettle the idea that TV was something that ‘happened to’ viewers who would soak up whatever entertainment was on offer. In this discussion, I explore the role and function of these print-based TV forums by focusing on the correspondence generated by In Melbourne Tonight's most famous barrel girl, Panda Lisner, whose changing fortunes demonstrated the determination of a number of viewers to play a participatory, even regulatory, role in the Melbourne production landscape.


2019 ◽  
Vol 50 (2) ◽  
pp. 308-325 ◽  
Author(s):  
Aidan Worsley ◽  
Liz Beddoe ◽  
Ken McLaughlin ◽  
Barbra Teater

Abstract The anticipated change of social work regulator in England from the Health and Care Professions Council to Social Work England in 2019 will herald the third, national regulator in seven years for the social work profession. Social Work England will be a new, bespoke, professionally specific regulator established as a non-departmental public body with a primary objective to protect the public. Looking globally, we can observe different approaches to the regulation of the social work profession—and many different stages of the profession’s regulatory journey between countries. Using a comparative policy analysis approach and case studies, this article looks more closely at three countries’ arrangements and attempts to understand why regulation might take the shape it does in each country. The case studies examine England, the USA (as this has a state approach, we focus on New York) and New Zealand, with contributions from qualified social work authors located within each country. We consider that there are three key elements to apply to analysis: definition of role and function, the construction of the public interest and the attitude to risk.


2006 ◽  
Vol 28 (4) ◽  
pp. 75-84 ◽  
Author(s):  
R. BRUCE CRAIG

Abstract One of the goals of the summer 2006 issue of The Public Historian, which focused on the presidential library system, was ““to provoke discussion, especially on the issues that have not received sufficient attention or have been largely avoided”” (Larry J. Hackman, ““Introduction,”” p. 7). This essay responds to the lead article in that special issue, Sharon Fawcett's ““Presidential Libraries: A View From the Center.”” Craig warns against the potential for ““politicization”” that could result from greater centralized control NARA's presidential libraries. He argues that NARA has consistently failed to articulate to Congress the true funding needs of the presidential libraries for records processing; he suggests how these needs could be more effectively communicated to Congress and proposes a fiscal solution (earmarking a portion of endowment and trust funds) to address the records processing backlog. Craig also reflects on the role and function of library supporting foundations and advances the notion that NARA library directors should not be permitted to serve as the head of such foundations. Finally, he argues that before focusing on public programming and educational outreach, NARA needs to reinvigorate emphasis on the original purposes of presidential libraries-archival preservation and access.


2016 ◽  
Vol 16 (1) ◽  
pp. 143-152
Author(s):  
Katarína Baničová

Summary The control system of the public administration of the Slovak Republic is regulated by several laws, on top of which stands the very Constitution of the Slovak Republic. The control activity is carried out by the authorities that are delegated to carry out checks directly from the Act, whose objective is to determine the objective status of the facts, and the management of financial management and other means of public investment. The main objective of the article was to analyze and present effectivity and function of internal control system in the individual municipality size categories in the Slovak Republic


Author(s):  
Rendi Gunawan ◽  
Lia Fadjriani ◽  
Feby Milanie

In the Juridical Analysis of the Role of Customs and Excise in Supervising and Preventing Crimes of Smuggling of Goods at the Customs Commission Type B Batam, it aims to discuss the legal arrangements for the role of customs in supervising and preventing criminal acts of smuggling of goods and the implementation of obstacle factors, obstacles and solutions for the role of customs in supervising and preventing the crime of smuggling of goods (research study at the Customs and Excise KPU type B Batam). This study aims to determine the Juridical Analysis of the Role of Customs and Excise in Supervising and Preventing the Crime of Smuggling of Goods at the Customs Commission Type B Batam.The research conducted is descriptive research with the method normative legal approach (normative juridical) is carried out by means of study literature. Data collection tools used in this research are data in the form of document studies and literature searches and by using additional data in the form of interviews.The results of the study indicate that the general legal arrangement of Customs and Excise authority according to Law No. 17 of 2006 is, Customs and Excise receives reports or information from someone about a criminal act, summons people to be heard and examined as suspects or witnesses, examines, seeks , and collect information on criminal acts, arrest and detain people suspected of committing criminal acts, request information and evidence from suspects who commit criminal acts.For this reason, it is hoped that with the existence of complete legal rules and firm witnesses related to the crime of smuggling of goods, all related elements are able to understand the legal rules made to protect the public from the threat of danger, and legal rules should be emphasized so that no more criminal acts of smuggling of goods occur.


2020 ◽  
pp. 84-97
Author(s):  
Abdullah Deeb Mahmoud ◽  

Monitoring electronic conversations in general, including WhatsApp conversations, is an investigation that falls within the jurisdiction and control of the Public Prosecution. Obtaining the approval of a Magistrate’s Court judge to conduct the observation is considered one of the basic conditions for the validity of the observation procedure. It is of the importance of electronic conversations, which have become legally recognized electronic evidence of crimes of all kinds, as long as the proper legal path that the Palestinian legislator has been followed in obtaining them is followed, the records may be audible, read, or visible, and in particular Lee is considered to be of legal value, whether it represents evidence of conviction or innocence, as a judge can extract its value after reviewing it and reviewing its details, or use an expert to analyze it, especially if it is not clear. It should be noted that protecting the private life of individuals is a constitutional and universal principle that may not be violated by control procedures except to the limits set by the law, since the right to privacy is subject to restriction and is subject to derogation from it according to legal procedures, especially in order to access the truth and achieve justice in accordance with exceptional and strict procedures. It is permissible to violate it, it is not permissible to monitor and record the conversations unless there is a benefit from them for the appearance of the truth, after the approval of the Magistrate’s Court judge upon the request of the Public Prosecutor or one of his assistants to monitor communications and (WhatsApp) conversations and registrations and deal with them to search for Evidence for a felony or misdemeanor is punishable by imprisonment for a period of no less than a year.


2016 ◽  
Vol 6 (1) ◽  
pp. 55
Author(s):  
Riswati Riswati ◽  
Muslim Muslim

AbstractStructuring the territory understood as a method and not a fi nal destination in the structure ofgovernance (local). The ultimate goal in governance or regional government is the achievementof social welfare. Structuring the region as a method intended to bring the device to the localcommunity as the owner of sovereignty.Sub-District as a working area of the district head has an important position in the publicservice, because it deals directly with the public as the main consumers of public services inquestion. Important essence of districts explicitly stated in Law No. 32 of 2004, which confi rmedthat the sub-district serves as the district/city.This research uses descriptive research design analysis with a qualitative approach. This studyincludes qualitative research, which produces descriptive data. Qualitative research is alsomore emphasis on process rather than in terms of results, in addition to this research mayreveal a problem concerning what is in accordance with the reality on the ground.Based on the results of research and discussion as well as the data obtained in the fi eld,it can be concluded as follows: 1) decree No. 44 and No. 45 of 2012 issued on December28, 2012 have not been fully implemented. The Regent of new regulations implemented infour districts as a pilot project for the District Campaka and Cidaun representing southerncoastal areas Cianjur berkarateristik ocean regions and the mainland. While CematanPacet and Middle Reef representing the Highlands and the Regional Tourism; 3) Basedon the results of questionnaires distributed researchers showed that almost 94% of theauthority delegated by declaring that have been implemented by the Head Campaka,Cidaun, Karangtengah and Pacet despite many obstacles. 4) Based on the interview withthe Head Campaka, Cidaun, Karangtengah and Pacet and the districts mentioned thatthe authority delegated in accordance with Law No. 32 of 2014 governing authority of theRegent. But the delegation of authority was not followed denganpembiayaan suffi cient; 5)Obstacles encountered in the implementation of devolved government affairs, among others,the allocation of funds from the budget has been no improvement since the publication oflegislation or declaring the partial delegation of authority so that what is being implementedby kecamaatan still in accordance with the regulations and declaring before it was issued.Another was in the delegation of authority should be delegated the funds and personnel aswell as the completeness of facilities and infrastructure to carry out the delegated authority;Of the conclusions that can be drawn up by the author, the author tries to give somerecommendations, among others: 1) the ineffectiveness of the role and function of districts foris probably due to the limited authority given to districts to districts that causes districts “nothesitate” to take action if social problems arising in the areas they work; 2) In addition, untilnow there is no synchronization of activity between districts and other institutions at the districtlevel (vertical and horizontal); 3) Short-term: through the synchronization of activities andmake districts as an important actor in the management of these activities, the medium term:to simplifi cation institutions where local authorities through applicable legislation activate therole and functions of the district. Long-term: to reduce the role and function of districts to onlyfocus on one function, namely the function of public services. But we realize that this causes motion districts arena becomes very, very limited, while the other functions being in the arena of motion districts.Keywords: government, delegation of authority and district


2020 ◽  
Vol 1 (2) ◽  
pp. 34-52
Author(s):  
Mia Høj Mathiasson

Offering a variety of activities and events is considered a central part of many public libraries today. Under the term public library programmes, this article presents the findings from an empirical study of the development of publicly available and publicly announced activities and events offered within or in relation to Danish public libraries over a sixty-year period. The aim of the study was to enrich our understanding of these library services from a historical perspective focussing on describing development. Inspired by Historical Case Study (HCS), the study was designed as a diachronic analysis of a broad variety of empirical source materials collected from two case libraries, documenting programmes offered between 1960 and 2020, including interviews with programming librarians. From analysing the source materials, a development is described which shows that while the different types of programmes offered throughout the period have been somewhat consistent, their format and content have expanded in parallel with the expansion of the public library, its collections and services. At the same time, the reasoning behind offering programmes can be described as a development from programmes considered as a means to an end (e.g. education, publicity or community building) to programmes also considered as ends in themselves. By supporting and enriching the knowledge on programmes as services, this study provides an empirical foundation for discussions and debates about the role and function of public library programmes as part of the public library in the future as well as rich empirical examples for further research.


2018 ◽  
Vol 2 (2) ◽  
pp. 211
Author(s):  
Ulin Nuha

<p><em>This study aims to find out the supervision carried out by the Sharia Supervisory Board, and try to analyze the role and function of the Sharia Supervisory Board in supervising shari'ah financial institutions, especially for ASKOWANU Jepara. This research is descriptive qualitative research, where data collection is carried out from various sources in the form of books, magazines, newspapers and documents related to the supervision of sharia financial institutions.</em><em></em></p><em>The results of this study illustrate that basically the supervision of sharia financial institutions has two systems, namely supervision of aspects: (i) financial conditions, compliance with the provisions of financial institutions in general and prudential principles, and (ii) compliance with sharia principles in the operational activities of institutions Islamic finance. In this regard, the structure of supervision of sharia financial institutions is more multilayer in nature, which would ideally consist of a system of internal supervision carried out by Sharia Supervisory Board, which is more in-depth and carried out so that there are mechanisms and control systems for the interests of management and external supervision systems. by DSN which basically to meet the interests of customers and public interests in general.</em>


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