scholarly journals Muslim Personal Laws and the Accommodation of Minorities: The Need to Better Balance Individual Rights and Group Autonomy in Singapore

2019 ◽  
Vol 20 (7) ◽  
pp. 1079-1095
Author(s):  
Noor Aisha Abdul Rahman
Keyword(s):  
Legal System ◽  
Well Being ◽  
The State ◽  
Political Issues ◽  
Minority Community ◽  
Muslim Minority ◽  
The Right ◽  
Personal Law ◽  
Muslim Minorities ◽  
Direct Incorporation

AbstractThe accommodation of religious personal law systems is an issue that has arisen in many countries with significant Muslim minorities. The types of accommodations can range from direct incorporation into the state legal system to mere recognition of religious tribunals as private organs. Different forms of accommodation raise different types of legal, social, and political issues. Focusing on the case of Singapore, I examine one form of accommodation which entails the direct incorporation of this law regulating marriage, divorce, and inheritance for Muslims into the state system. Administered by the Administration of the Muslim Law Act, 1966, the Muslim law binds Muslims unless they abjure Islam. The resulting pluralistic legal system is deemed necessary to realize the aspirations of and give respect to the Muslim minority community, the majority of whom are constitutionally acknowledged as indigenous to the country. This Article examines the ramifications of this arrangement on the rights and well-being of members of this community in the context of change. It argues that, while giving autonomy to the community to determine its personal law and advancing group accommodation, the arrangement denies individuals the right to their choice of law, a problem exacerbated by traditionalism and the lack of democratic process in this domain. Consequently, the Muslim law pales in comparison to the civil law for non-Muslims. The rise of religious resurgence since the 1970s has but compounded the problem. How the system can accommodate the Muslim personal law without compromising the rights of individual Muslims is also discussed.

Health, well-being sustainability and rights in the time of Covid-19 infection: Infection management by the Albanian legal order

2021 ◽  
pp. 133-149
Author(s):  
Ismail Tafani
Keyword(s):  
Legal System ◽  
Well Being ◽  
The State ◽  
Legal Order ◽  
Legal Systems ◽  
State Of Emergency ◽  
The Government ◽  
The Right ◽  
Administrative Sanctions ◽  
Natural Way

The scope of this article is the analysis of the situation created by the Coronavirus which has been a risk to the health of the humans and at the same time has af-fected the legal systems in a country. In addition, this article will try to highlight likewise in the whole World, the same way the Albanian legal system is caught em-inently unprepared to respond and protect "the right to health" and consequently the management of the Covid-19 pandemic. The situation of the pandemic in addition of being a great test for the human immunity, seems to have done the same for the "immunity" of legal systems in general and the Albanian system, on which the study will be focused mainly. Although the legal system provided for exceptional measures to respond to the situation in a subtle way in respect to fundamen-tal rights, the Albanian government in particular and governments around the World seem to have been disoriented and have lost the thread to react in a natural way in respect to the provisions of the legal order in response to the Covid-19 and respect for individual rights of health with dignity. This disorientation of the gov-ernment actions towards the response to the situation seemed to be ineffective and contagious like the virus itself. The situation of Covid-19 infection has begun to be managed through the law that regulates infections and infectious diseases, adopt-ing various secondary regulations in accordance with this law. Thus, in Albania, the Government has made legislative interventions through the decree laws, to tighten the administrative sanctions against people who did not respect the "lock-down". This legislation was followed by the proclamation of the state of emergency throughout the Albanian territory. So the situation inevitably has influence on the sustainability of the society because this disorientation of the legislative activi-ty created confusion in this country. The state of emergency is foreseen in the Al-banian, obviously taking into account the proportionality of the reaction to the danger. In this context, the article intends to make a detailed analysis considering some comparative aspects, and as regards the proportionality of the measures adopted by the Albanian government.

The Politics of Paternalism

2015 ◽  
Author(s):  
Julian Le Grand ◽  
Bill New
Keyword(s):  
Well Being ◽  
The State ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Better Than

This chapter examines the politics of paternalism. It first considers the question of whether the government can do better than the individual, outlining a set of justifications for government paternalism and showing how the state can intervene to improve the well-being of its citizens. It then discusses possible ways in which the government could be held to account to ensure that, in its paternalistic interventions aimed at improving its citizens' well-being, it does actually pursue the “right” agenda. It argues that the government can indeed raise the well-being of individuals who suffer from reasoning failure, even when allowance is made for possible reasoning failure among those individuals who constitute the government. However, democratic mechanisms must be put in place to ensure that the latter do not pursue their own agenda and turn the paternalistic state into an instrument of authoritarianism.

Examples of Alternative Legal Systems in India

2019 ◽  
pp. 47-73
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
The State ◽  
Customary Law ◽  
Formal Definition ◽  
Legal Systems ◽  
Uniform Law ◽  
Definition Of ◽  
Cultural Freedom ◽  
Personal Law

There are systems of law within the Indian jurisdiction that either do not rely on the state legal system at all or rely on it only partially. These include systems of religious personal law, tribal customary law, and other similar indigenous mechanisms of administering justice and settling disputes. The formal definition of law in India, along with constitutional provisions which guarantee religious and cultural freedom and allow for modes of self-governance, accommodates different legal systems with indigenous or traditional roots. Moreover, local and village bodies such as traditional or caste councils operate in independent India as well, further questioning the rhetoric of uniform law in India.

Other types of secondary legislation immediately place legal obligations directly into the legal system of all Member States. These are binding in their entirety and said to be directly applicable. Still other types place legal obligations directly upon certain named States, individuals and organisations. (4) The treaties, regulations and directives enacted by the Union do not directly state that they give individuals rights that they can enforce in their national courts. These legal rules are addressed in the first place to the Union and the Member State. Yet under the founding treaties Member States are expected to enforce the rights, liabilities and powers that are a consequence of membership in national courts. The ECJ has developed the concept of direct effect which describes EC primary or secondary law that give individuals rights that are enforceable in their national courts. Set criteria have to be present. Direct effect is easier to prove in relation to regulations than it is in relation to articles and directives. The criteria demand that: • the rule does not require any action from the State (and directives do); and • that the right to be enforced is clear and precise and can be activated without recourse to the State (which is not the automatic case in relation to articles in a treaty concluded at State level or a directive issued to the State demanding certain outcomes within a timescale). However, articles and directives considered on a case by case basis by the European and national courts have been held to give individuals rights. The case of Van Gend en Loos discussed later in this chapter deals with direct applicability and direct effect of articles. (5) A major difficulty is caused by the lack of uniformity of terms in relation to ‘directly applicable’ and ‘direct effect’. ‘Directly applicable’ is the phrase used in Article 249 (formerly 189) of the EC Treaty to refer to the process by which Community law of certain types is immediately and automatically part of the legal system of Member States as soon as it is created in the EC. ‘Direct effect’, which is not a phrase occurring in any of the treaties, is the phrase consistently used in the ECJ in two senses to refer to: • the process by which individuals acquire rights they can enforce in national courts (against other individuals—horizontal direct effect, and against the State itself—vertical direct effect); and • the process by which EC law is immediately and automatically part of the legal system of Member States as soon as it is created in the EC. This is confusing, especially as some Community law that is created by Article 249 (formerly 177) of the EC Treaty is not said in the Treaty to be directly applicable in the sense of immediately and automatically becoming part of the legal system of Member States. Yet the ECJ has held that such law can, if certain criteria are present, have direct effect. In fact, they have gone one step further and constructed the concept of indirect effect. It is indirect precisely because the law is not directly applicable but somehow an individual can enforce it in a national court.

2012 ◽  
pp. 157-157
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
National Court ◽  
State Level ◽  
The State ◽  
Member States ◽  
Community Law ◽  
National Courts ◽  
Legal Obligations ◽  
The Right

Intercultural Dialogue and Human Rights

1998 ◽  
pp. 33-39
Author(s):  
Antonio Perez-Estevez
Keyword(s):  
Human Rights ◽  
Legal System ◽  
John Rawls ◽  
Social Issues ◽  
Intercultural Dialogue ◽  
Law Of Peoples ◽  
Political Issues ◽  
Liberal Democratic ◽  
The Right ◽  
Political Duty

Which political and juridical foundation can justify the transit from the Western, particular, to the universal? John Rawls tries to answer this question in his article, "The Law of Peoples," proposing a kind of contract or agreement. A first agreement should be attained among liberal-democratic societies on a few political and social issues such as human rights. Then this agreement can be widened to non-liberal/democratic but well organized hierarchical societies or those that satisfy the requisites of being peaceful, of having a reasonably well organized legal system, of admitting a measure of freedom-political and religious-and of admitting the right of emigration. These two groups of nations would belong to a Society of Nations with the juridical and political duty of fulfilling the few political issues that have been previously accepted. But Rawls' proposal overcomes neither eurocentrism nor western-centrism. It seems that the first circle of liberal democratic nations would decide which peoples satisfy the requirements of the 'well organized hierarchical societies.' This second circle of nations are only invited peoples; they are not supposed to contribute new proposals, but only to accept the proposals of the liberal-democratic nations. I present a new effort to attain human rights through a true universal dialogue in which the representatives of all cultures and peoples can equally speak, make proposals, and listen or accept the proposals of others.

scholarly journals An Integrated Approach to Redistribution: Issues of Policy, Economics and Information

2021 ◽  
Author(s):  
◽  
Mark Prebble
Keyword(s):  
New Zealand ◽  
Policy Development ◽  
Personal Information ◽  
Integrated Approach ◽  
Well Being ◽  
The State ◽  
Philosophical Foundations ◽  
The Government ◽  
The Individual ◽  
The Right

<p>This thesis considers how best to administer redistribution policies. It focuses particularly on the information needed to assess relative circumstances, the implications of the government collecting such information, and processes by which the appropriate information may be assembled and assessed. In New Zealand, as with many other OECD nations, the Government's redistribution policies are administered through a range of different agencies, with duplication in some areas and gaps in others. An integrated approach to redistribution systems may offer a means to improve equity and efficiency. Part One discusses the assessment of relative well-being, and adopts the choice set as the intellectual device for this purpose. The time period for the assessment of income is examined in detail, with the conclusion that a long period should be used except where the individual is constrained to operate under a short time horizon. A new concept of "bankability" is developed as a means of identifying those operating under such constraints. Part Two uses the philosophical foundations of the value of privacy to develop a new statement of the right to privacy, such that everyone should be protected against the requirement to divulge information, unless that information is the "business" of another party. A view on the business of the state depends on one's ideology of the state. Since it is generally accepted in New Zealand in the late twentieth century that the state has a role in redistribution, the state has some right to collect information for that purpose. However, the rights of the state are moderated by the existence of a common law tradition of respect for individuals. A set of criteria for evaluating redistribution systems is devised in Part Three. These criteria, which include consideration of the information to be collected, individual control over personal information, and administrative simplicity, are then used to identify significant weaknesses in the systems currently used in New Zealand. The main problems identified are the collection of inadequate information, duplication, and complex institutional structures; the main virtue of the current systems is that information provided is only used for the purpose for which it was provided. An alternative approach is outlined which would address the problems while retaining the current protection of privacy interests. This thesis is a mix of inter-disciplinary academic enquiry and policy development. Part One is an amalgam of economic and philosophical approaches, Part Two involves philosophy and politics, and Part Three applies the theoretical considerations to issues of public administration.</p>

scholarly journals KEBIJAKAN PUBLIK UNTUK KESEJAHTERAAN RAKYAT

2018 ◽  
Vol 6 (2) ◽  
pp. 98-102
Author(s):  
Agus Suryono
Keyword(s):  
Public Policy ◽  
Social Problems ◽  
Well Being ◽  
The State ◽  
The People ◽  
Policy Challenge ◽  
The Right

Welfare of the people is one of the goals of the state. In certain mechanism is required to make it happen that is reflected in public policy is made. Issues related to the problems that arise in realizing kesejahkteraan through public policy challenge. The right strategy in providing public policy that supports the well-being of the people in overcoming social problems are very important for further investigation.

scholarly journals RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION

2020 ◽  
pp. 18-24
Author(s):  
O. Kosilova
Keyword(s):  
Human Rights ◽  
Well Being ◽  
The State ◽  
General Nature ◽  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Process Implementation ◽  
Basic Law ◽  
The Right

The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.

scholarly journals The Economic Impacts of the Coronavirus On the Muslim Minority Community

2020 ◽  
pp. 255-277
Author(s):  
Rusdee Taher ◽  
Muhammad Mansour Madroh
Keyword(s):  
Analytical Method ◽  
Economic Impacts ◽  
Field Studies ◽  
Decision Makers ◽  
Islamic World ◽  
Minority Community ◽  
Unique Position ◽  
Muslim Minority ◽  
Muslim Minorities ◽  
The Impact

The paper aims to reveal the economic impacts of the Coronavirus on Muslim minorities, using the Muslim minority in Thailand as a model. The Corona pandemic affected Thailand like its effect on other countries, but the effect differed in regions from others and in categories from others as well, and the effect included all fields, but its impact varies in one field for another and the most important of these areas in which the Corona pandemic affected significantly, clearly and clearly in the field Economic. The importance of the paper also lies in the fact that it talks about a part of the Islamic world that may be forgotten or unknown to many people, and that it uses the descriptive analytical method as a way to study the case, The results were reached, including: The spread of Islam in the Thailand was early and included all land and sea routes, The Muslim minority in Thailand enjoys diversity and difference in social, cultural and political characteristics, which enabled it to occupy a unique position in the demographic component of Thailand in particular, and the map of the Islamic world in general, The impact of the Corona pandemic on the Muslim minority in Thailand is clear and clear, and comprehensive in all aspects of life, most notably the economic aspect of the minority. The impact of the Corona pandemic on the economic side of Muslim minorities in Thailand has varied greatly, which confirms the importance of taking into consideration by decision-makers. In these societies this variation and difference when doing the treatment and suggesting solutions. The paper recommended: To conduct field studies to clarify the effects of the Corona pandemic on the economy and other aspects of life.

scholarly journals ATAQUE DE CACHORRO: ESTADO DE NECESSIDADE OU LEGITIMA DEFESA?

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 168-174
Author(s):  
Débora Aparecida Mafra Moras ◽  
Danielle Yurie Moura da Silva
Keyword(s):  
Legal System ◽  
Human Action ◽  
The State ◽  
Penal Code ◽  
Scientific Article ◽  
Concrete Case ◽  
Self Defense ◽  
The Subject ◽  
The Right ◽  
Apparent Conflict

t treats the present scientific article of a study about the institutes of state of necessity and selfdefense, foreseen in the Brazilian legal system, in the Brazilian Penal Code, as an exclusionary cause of illegality. And, in this sense, the State that is not able to be present at all times guarantees the victim the right to evade or even defend himself from aggression. However, some situations may characterize an apparent conflict of norms, making it difficult to frame the correct institute in fact. One such case is the dog attack, making the subject a state of necessity and legitimate self- defense essential. The method applied was the legal deductive, based on the interpretation of the legislation, jurisprudence and doctrines. It is conclude that the attack of an irrational animal can be characterized as a state of necessity or self- defense, which will depend on the recognition of human action or not, an analysis that should be carried out in the concrete case

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