Democracy in India and the Judicial Process: Lectures delivered in the Lajpatrai Memorial Lecture series during the Centenary Celebrations at the Lajpatrai Memorial Hall, New Delhi in 1965, Inter-Governmental Relations in India: A Study of Indian Federalism, The Republic of India: Constitution and Government and A Comparative Study of the Indian Constitution. Vol. II. Part I: Citizenship and Franchise. Part II: Fundamental Rights

1968 ◽  
Vol 44 (1) ◽  
pp. 142-143
Author(s):  
Hugh Tinker
Keyword(s):  
Comparative Study ◽  
Fundamental Rights ◽  
Memorial Lecture ◽  
New Delhi ◽  
Judicial Process ◽  
Indian Constitution ◽  
Lecture Series ◽  
The Republic

Drawing the Line between Dismissal for Alcoholism (Incapacity) and Dismissal for Drunkenness (Misconduct). Are the Boni Mores Compromised?

2018 ◽  
Vol 41 ◽  
pp. 57-63
Author(s):  
Thandekile Phulu
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Social Justice ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Fundamental Rights ◽  
Labour Relations ◽  
Labour Practice ◽  
The Republic

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.

scholarly journals The Emergence of Islamist Official and Unofficial Laws in the Erdoganist Turkey: The Case of Child Marriages

Religions ◽  
2021 ◽  
Vol 12 (7) ◽  
pp. 513
Author(s):  
Ihsan Yilmaz
Keyword(s):  
Legal Pluralism ◽  
Fundamental Rights ◽  
Vulnerable Groups ◽  
Right Wing ◽  
The Social ◽  
Critical Issues ◽  
Turkish Family ◽  
The Republic ◽  
Age Of Marriage ◽  
The Impact

Religion in the hands of authoritarian governments can prove to be an effective political instrument to further their agenda. This paper attempts to explore this aspect of authoritarianism with the case of Turkish family laws under Erdoganist Islamist legal pluralism. The paper analyzes the AKP’s government’s attempts at pro-Islamist legislation, fatwas produced by Diyanet (Turkish Directorate of Religious Affairs) and by pro-government right-wing religious scholars to explore the changes that have occurred, both formally and informally, in the largely secular family laws of the Republic of Turkey in the last decade. By focusing on the age of marriage, this paper tries to understand the impact of Islamist legal pluralism and unofficial Islamist laws on the formal legal system as well as the social implications of this plural socio-legal reality, particularly for vulnerable groups such as the poor, refugees, children, and women. The trends demonstrate the informal system’s skew towards Islamism, patriarchy and disregard for fundamental rights. This Islamist legal plurality almost always operates against the women and underage girls, which creates profound individual and social problems. The paper concludes by pointing out the critical issues emerging in the domain of family law due to the link between the growing power of Islamist legal pluralism and its political instrumentalization by the Justice and Development Party (AKP).

COMPARATIVE STUDY OF THE EXPERIENCE OF REFORMS IN THE NEW UZBEK-CHINESE RELATIONS

2021 ◽  
Vol 2 (2) ◽  
pp. 13-19
Author(s):  
Shoazim Ibragimovich Shazamanov ◽  
◽  
Anri Abdullaevich Sharapov
Keyword(s):  
Comparative Study ◽  
Central Asia ◽  
World Politics ◽  
Capital Investments ◽  
Peaceful Coexistence ◽  
Chinese Entrepreneurs ◽  
The Republic ◽  
General Aspects ◽  
Development Analysis ◽  
China Study

The article focuses on the following aspects of the issue: the pragmatic policy of the Republic of Uzbekistan in world politics and the analysis of their features; Documents defining the relations between Uzbekistan and China; study the aspects ofcooperation for peaceful coexistence and development; analysis of the ideas of Uzbek and Chinese researchers on the relations between the two countries; General aspects of reforms in Uzbekistan and China; Capital investments of Chinese entrepreneurs in the development of the Uzbek economy in the regions of the country; cooperation in the field of military, tourism, as well as the policy of the PRC on railway transit with Central Asia to Europe

scholarly journals Reasonable time frame in bankruptcy proceedings: Analysis of cases from the judicial practice of the Commercial Court in Niš

2021 ◽  
Vol 60 (90) ◽  
pp. 97-118
Author(s):  
Aleksandar Mojašević ◽  
Aleksandar Jovanović
Keyword(s):  
Case Law ◽  
Time Frame ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Reasonable Time ◽  
Judicial Practice ◽  
Reasonable Time Frame ◽  
The Subject ◽  
The Republic ◽  
The Right

The Act on the Protection of the Right to a Trial within a Reasonable Time, which took effect in 2016, has created the conditions in our legal system for the protection of the right to a trial within a reasonable time, as one of the fundamental rights guaranteed by the Constitution of the Republic of Serbia and related international documents. Although the legislator does not explicitly provide for the application of this Act in the context of bankruptcy proceedings, it has been used in judicial practice as a mean for the bankruptcy creditors to obtain just satisfaction in cases involving lengthy bankruptcy proceedings and a violation of the right to a fair trial within a reasonable time. The subject matter of analysis in this paper is the right to a trial within a reasonable time in bankruptcy cases. For that purpose, the authors examine the case law of the Commercial Court in Niš in the period from the beginning of 2016 to the end of 2019, particularly focusing on the bankruptcy cases in which complaints (objections) were filed for the protection of the right to a fair trial within a reasonable time. The aim of the research is to examine whether the objection, as an initial act, is a suitable instrument for increasing the efficiency of the bankruptcy proceeding, or whether it only serves to satisfy the interests of creditors. The authors have also examined whether this remedy affects the overall costs and duration of the bankruptcy proceeding. The main finding is that there is an increasing number of objections in the Commercial Court in Niš, which still does not affect the length and costs of bankruptcy. This trend is not only the result of inactivity of the court and the complexity of certain cases but also of numerous external factors, the most prominent of which is the work of some state bodies.

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