Comparative Approach in Legal Policy

10.12737/392 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Александр Малько ◽  
Aleksander Malko ◽  
Алексей Саломатин ◽  
Alexey Salomatin
Keyword(s):  
Political Science ◽  
Comparative Method ◽  
Comparative Law ◽  
State Sovereignty ◽  
Comparative Approach ◽  
Legislative Process ◽  
Legal Policy ◽  
Legal Information ◽  
Comparative Political Science ◽  
Legal Mechanism

Legal Policy as a new direction in Legal Sciences is to help in transformation of legal mechanism of the state and all the legal life. It has become extremely important thanks to extreme complexities of post-modernizing society under circumstances of erosion of state sovereignty, intensive communication and spreading of legal information, civil involvement in legislative process. But only applying of comparative method in the form of Comparative Law, Comparative State Studying, Comparative Political Science can make Legal Policy more effective and precise.

Variances in the development of justice: com parative analysis of the leading Western court systems

10.12737/5075 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 48-53 ◽  
Author(s):  
Екатерина Наквакина ◽  
Yekatyerina Nakvakina
Keyword(s):  
Great Britain ◽  
Political Science ◽  
Comparative Law ◽  
Medieval History ◽  
Court System ◽  
Foreign Experience ◽  
Western Countries ◽  
The Usa ◽  
Comparative Political Science

The article deals with the problem of differences in the structure and functioning of court systems in the certain countries. Examples of these differences trace to the Ancient and Medieval history. Some model of explanation is proposed. Differences and interpretation of them are demonstrated concerning the contemporary court systems of the leading Western countries, including Great Britain, France, the USA, Germany, Scandinavian countries. The author concludes that reception of this or that foreign experience concerning Russian court system must be very carefully based upon full comparativist analysis touching not only comparative law, but comparative state studying and comparative political science.

COMPARATIVE METHOD IN CONSTITUTIONAL LAW: BETWEEN PRESUMPTIONS OF SIMILARITIES AND DIFFERENCES

2019 ◽  
Vol 14 (5) ◽  
pp. 84-113
Author(s):  
ALEXANDRA A. TROITSKAYA
Keyword(s):  
Political Philosophy ◽  
Theoretical Model ◽  
Constitutional Law ◽  
Comparative Method ◽  
Comparative Law ◽  
Middle Level ◽  
Legal Research ◽  
Universal Principles ◽  
The World ◽  
Similarities And Differences

The two main approaches to the use of the comparative method in legal research, functional and cultural, have some "predetermined" considerations regarding the results that will (or should) be discovered by comparing various legal phenomena — should the emphasis be on similarities or differences between these phenomena. These considerations are based on the vision of, respectively, the universal or pluralistic nature of law of various societies, and in fact they are able to correct substantially the process of cognition of legal phenomena using the comparative method, adjusting it to the desired result. In the case of similarities, we can talk about artificially narrowing the circle of countries under investigation. In the case of differences, the isolation of systems and the uniqueness of their cultural characteristics are unreasonably exaggerated. The alternative assumptions presented in the theory of comparative law regarding the existence of universal principles of law or the fundamental uniqueness of each legal system require a critical rethinking of constitutional provisions and practice in comparative studies. The use of the comparative method in constitutional law is not reducible to the implementation of the ideas of political philosophy, and objective conclusions should not be replaced by predetermined normative guidelines. The similarities and differences revealed by the researcher of constitutional ideas, norms and practices can be considered as a result of comparison of independent value.Constitutional law is associated with a variety of substantial constructs existing in the world, not excluding, however, their intercommunication. Understanding these constructions requires attention to both the similarities and the differences in specific legal orders (as well as the reasons for their functioning in this, and not another form). The use of the comparative method in the absence of striving for predetermined results is simultaneously aimed at understanding the laws of development of constitutional institutions and maintaining the horizon of their diversity as an important component of this development. Each time, the researcher should distance himself from his prejudices regarding the similarities or differences between the institutes under study, rechecking whether the obtained results are really the results of applying the comparative method, and not the initial constructions.The logic of a comparative study corresponds to the construction of theories of "middle level", aimed at forming the theoretical model of a particular legal in-stitution, taking into account the practice of implementing this institution in specific states. The focus on middle-level theories within the framework of the comparative method allows one to go beyond the description of single systems, formulate conclusions at the level of generalization that ensure the comparability of the studied objects, and at the same time maintain an understanding of the diversity of constitutional models.

scholarly journals A Regional Review of Genetic Resource Access and Benefit Sharing – Key Issues and Research Gaps

2021 ◽  
pp. 1-24
Author(s):  
Clare Morrison ◽  
Fran Humphries ◽  
Charles Lawson
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
National Level ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Comparative Approach ◽  
Future Research ◽  
Access And Benefit Sharing ◽  
Legal Mechanism

Countries are increasingly using access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. ABS regulates collection and/or use of genetic resources/traditional knowledge and sharing benefits from their use with the provider. The purpose of this review is to assess the trends, biases and gaps of ABS literature using a regional comparative approach about the key topics of concern between each region. It analyses four key topic groupings: (1) implementation of international, regional and national ABS policy and law; (2) intellectual property and ABS; (3) traditional knowledge; and (4) research, development and commercialisation. Findings included gaps in: (1) analysing effectiveness of national level implementation; (2) addressing apparent conflicts between support for intellectual property promoting exclusivity for traditional knowledge and challenges to intellectual property exclusivity for patents; (3) examining traditional knowledge of local communities (in contrast to Indigenous Peoples); and (4) lack of practical examples that quantify benefit sharing from research and commercialisation outcomes. We conclude that future research addressing the identified gaps and biases can promote more informed understanding among stakeholders about the ABS concept and whether it is capable of delivering concrete biological conservation, sustainable use and equity outcomes.

scholarly journals Implementation of the Provisions of the European Convention for the Protection of Pet Animals into Ukrainian Legislation: Some Theoretical and Applied Aspects

2021 ◽  
Vol 30 (3) ◽  
pp. 29-45
Author(s):  
Nadiia Kobetska ◽  
Lesia Danyliuk
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Legal Regulation ◽  
European Convention ◽  
General Nature ◽  
Legislative Process ◽  
Legal Representation ◽  
The Law ◽  
European Standards ◽  
Legal Mechanism

European integration processes in Ukraine have led to the approximation of national legislation to European standards, including pet handling. The first and currently the only ratified European convention in Ukraine on protection and ensuring animal welfare is the European Convention for the Protection of Pet Animals. The article describes the major doctrinal, legislative and practical aspects of implementing this Convention into Ukrainian law. The legal regulation of the humane treatment of domestic animals in Ukraine is based on the Law of Ukraine on the protection of animals from cruel treatment, its provisions being of a general nature, and detailed solutions are found in other laws and regulations. Detailed rules for dealing with pets are determined by municipalities and they are implemented in the relevant administrative and territorial units. The concept of “animal rights”, despite its proclamation in the preamble to the Law of Ukraine on the protection of animals from cruel treatment, has no formal legal representation and reflection in Ukrainian legislation. Nevertheless, Ukrainian legal academic doctrine, legislative process and law enforcement practice are currently embodying the concept of animal welfare. The development and implementation of a coherent legal mechanism for pet handling is the major contributing factor in achieving pet welfare, therefore Ukraine needs a clear strategy to improve its legal regulation.

scholarly journals Constitutionalization of legal policy in modern Russia

2018 ◽  
Vol 2 (4) ◽  
pp. 25-29
Author(s):  
D. Avdeev
Keyword(s):  
Comparative Method ◽  
Strategic Development ◽  
Legal Policy ◽  
Scientific Methods ◽  
Road Map ◽  
Legal Method ◽  
Scope Of Application ◽  
General Scientific ◽  
State And Local ◽  
Constitutional System

The subject. The paper is devoted to the constitutional basis of modern legal policy.The purpose of the paper is to confirm or disprove the hypothesis that constitutional concept of legal policy is necessary basis of reform of legal relations between constituent entities in federative state.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).The main results, scope of application. The emergence and further development of a legal policy based on constitutional provisions and norms continues to impact significantly on the organization of state and local authorities. Democracy, federalism, republicanism and legalism are the four components that can form the basis for the development of the doctrinal conception of legal policy aimed to the strategic development of these constitutional axiomatic postulates. In Russia there is no clearly defined "road map", which is based on the strategic planning of the constitutional system. The Constitution of the Russian Federation contains enough inaccuracies of both legal and technical and substantive nature.Conclusions. It is necessary to develop a concept of legal policy. Such concept is necessary basis of reform of legal relations between constituent entities in federative state.

scholarly journals MENTAL HEALTH ISSUES AT WORKPLACE: AN OVERVIEW OF LAW AND POLICY IN MALAYSIA AND UNITED KINGDOM (UK)

2020 ◽  
Vol 5 (21) ◽  
pp. 316-329
Author(s):  
Ruzita Azmi ◽  
Siti Nur Samawati Ahmad ◽  
Bidayatul Akmal Mustafa Kamil
Keyword(s):  
Mental Health ◽  
Mental Health Problems ◽  
Comparative Method ◽  
Developed Countries ◽  
Legal Framework ◽  
Health Problems ◽  
Comparative Approach ◽  
Research Approach ◽  
Law And Policy ◽  
The Uk

Surveys showed that workers in Malaysia are at high risk of health problems including mental health problems that stemmed from the rising stress level at work. Despite having employees’ safety, health, and welfare being codified, depression will be a major mental health illness among Malaysian by 2020. The Occupational Safety and Health Act 1994 (OSHA 1994) that caters to legislative framework in terms of securing safety, health, and welfare among Malaysian workforces has no provisions to provide a supportive environment for mental health wellbeing at the workplace as well as support for employees with a mental health problem. Furthermore, OSHA 1994 is self-regulated, causing fewer employers to develop OSH codes of practice and guidelines. This is among the weaknesses of OSHA 1994. This paper aims to examine the existing law and policy in Malaysia on mental health at the workplace. It also aims to compare the policy and legal framework in developed commonwealth countries such as the UK. This paper applies qualitative and comparative methods, consisting of a doctrinal legal research approach to understand the principles of law and policies dealing with mental health. A comparative method is employed in order to compare the policies and legal frameworks of mental health wellbeing in developed countries such as the UK. The comparative approach involves an examination of the similarities and dissimilarities between situations within the same legal system. The paper concludes that in order to support mental health and wellbeing at the workplace, a comprehensive legal framework and effective policy are needed especially for Malaysia. Compared with the UK, Malaysia is still lagged behind and has so much to learn from UK’s experiences to tackle issues on mental health.

scholarly journals Legal bases of participation of institutes of civil society are in providing of informative safety of Ukraine

1970 ◽  
pp. 142-146
Author(s):  
Pavlo Yakovlev
Keyword(s):  
Civil Society ◽  
The State ◽  
State Sovereignty ◽  
Economic Power ◽  
Law And Order ◽  
Joint Activity ◽  
Modern Period ◽  
State Administration ◽  
Legal Forms ◽  
Legal Mechanism

In the article legislative bases of participation of institutes of civil society are illuminated in providing of informative safety of the state. Attention is accented on that informative safety of Ukraine in a modern period is the mortgage of maintenance of the proper level of law and order in society, providing of state sovereignty, integrity and economic power of country. On the basis of analysis of norms of Constitution of Ukraine, and also legislative acts in the field of information and national safety, the state of legislative settlement of participation of institutes of civil society is described in realization of the events sent to providing of informative safety of the state. Underline, that in modern Ukraine President as country's Leader is the basic subject of creation of norms in the field of adjusting of cooperation of the system of state administration and civil society on questions providing of informative safety.          Reasonably, that on present tense in the system of national legislation of Ukraine a question is regulated not enough in relation to the administrative legal forms of cooperation of the system of state administration and civil society in the questions of providing of informative safety of the state. Also, the indefinite is remained by a question in relation to the legislative fixing of concepts "informative safety" and "institutes of civil society". Normative settlement is needed also by possibilities for the institutes of civil society to get having a special purpose information on questions informative safety and (or) informative sovereignty of Ukraine. It is noticed on the insufficient adjusting of questions in relation to the culture of the use of facilities of treatment of information and methods of her defence. It is marked that in legal science there are a doctrine ground of optimal administrative legal mechanism of joint activity of institutes of civil society and states on questions, that touch an exposure and counteraction to the threats of informative safety of Ukraine directly, perspective directions of research.

scholarly journals "China" as an Analytical Concept: A New Beginning for Chinese Political Science

2021 ◽  
Author(s):  
Xiangmin Wang
Keyword(s):  
Political Science ◽  
Political Development ◽  
Chinese Political Science ◽  
Knowledge Map ◽  
New Beginning ◽  
Analytical Perspective ◽  
The One ◽  
Comparative Political Science ◽  
Internal Context ◽  
American Left

AbstractThe emergence in recent years of a large number of institutional concepts in the world of Chinese political science indicates that Chinese political science is experiencing an "internal shift" that is different from the complete Westernization of the past. Chinese political scientists are seeking theoretical explanations for China's political development based on China's internal context and are looking to provide intellectual arguments for China's modern state building. In this paper, it is proposed that the core of this internal shift of Chinese political science is the consciousness of "China" as an analytical concept, and that China is not only an object of description, but also an analytical perspective for explaining "what is China". Such a view is different from that held by the European and American left and pure traditional researchers or reactionists. On the one hand, this paradigm provides more universal political knowledge in the sense of comparative political science; on the other hand, it can advance Chinese political research by drawing a clearer and more accurate knowledge map of Chinese politics. The emergence of institutional concepts in Chinese political science implies that Chinese political science as a discipline is increasingly moving from the "form" of discipline establishment to the "content" of "what is China". This signifies a real new beginning.

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