scholarly journals The Role of Law in Creating Different Policies in Iran's Court of Justice and Punitive Court

2020 ◽  
Vol 38 (Especial) ◽  
pp. 502-510
Author(s):  
Mohieddin Mohammadi ◽  
Garnik Safariani
Keyword(s):  
Legal System ◽  
Criminal Courts ◽  
Court Of Justice ◽  
Political Forces ◽  
The Creation ◽  
The Law ◽  
The Right ◽  
Short Time ◽  
Legal Procedures

The principle of respecting the separation of political forces in a society gives the legal system the right to issue orders on people's complaints based on the laws approved by the legislative power. There is no question that laws, like other man-made things, have shortcomings. These decisions include the rupture and even the conflict between two or more articles of the law that provoke the creation of different policies in the court of justice and the punitive court of Iran. With a documentary methodology, this article attempts to study the conflicts between different punitive laws and their effect on the creation of different policies in the courts of Iran. It is concluded that, in many cases, due to different reasons there may be defects in the law or in the interpretation of the law that generate defect, ambiguity, clash between laws and contradiction. The existence of all these failures in different cases will cause conflicts between the judges of the criminal courts and these conflicts are the source of the creation of different legal procedures in the criminal courts and in the short time analyzed.

scholarly journals Kompetensi Pengadilan Tata Usaha Negara dalam Menyelesaikan Kasus Tanah tentang Hak Pengelolaan

2017 ◽  
Vol 5 (2) ◽  
pp. 108
Author(s):  
Rafiqi Rafiqi
Keyword(s):  
Legal System ◽  
Legal Certainty ◽  
Rights Management ◽  
The Law ◽  
The Right ◽  
Civil Trial ◽  
Civil Courts

<p><em>The Law of Execution in the Administrative Court is different from the law of execution in civil courts. The civil trial of execution law is supplemented by physical means, namely: Jita Sita, aid of State Instruments (Police) and so on, which can force fiction so that the losers obey the court's decision. In the Administrative Court it is not possible, the Administrative Court is only equipped with administrative facilities only, in accordance with its authority which only judges in terms of administrative legality (administrative court). Rights Management issued a letter of proof of rights in the form of a certificate of Right of Management by the Land Office. The management rights are the right to land. The purpose of legal certainty itself will be fulfilled if if a device or legal system that can run and support the achievement of a legal kepolisia, especially the role of institutions that are authorized</em></p>

scholarly journals ‘Poland’ In: ‘Freedom of Assembly in Europe’

2021 ◽  
Author(s):  
Maria Moulin-Stozek
Keyword(s):  
European Commission ◽  
Legal System ◽  
New Technologies ◽  
Public Officials ◽  
Legal Situation ◽  
The Law ◽  
Administrative Courts ◽  
Mainstream Society ◽  
The Right

The right to freedom of assembly is a fundamental right guaranteed by the Polish Constitution. The Law on Assemblies of 1990 regulates matters concerning assemblies in Poland such as procedure, protection and restrictions of assemblies. Authorities in Poland dispose of very limited discretion in prohibiting an assembly, and it is not the role of public officials or administrative courts to analyse ideas and concepts expressed at an assembly either through the prism of their own convictions or the convictions of mainstream society. The legal situation regulating spontaneous assemblies, counter-demonstrations, flash mobs and gatherings organised by means of new technologies is not accurately determined in the Polish legal system. In general, Polish regulations are consistent with the requirements of the European Commission for Democracy through Law.

scholarly journals CONCEPTUAL ISSUES OF SIGNIFICANCE LEGAL AXIOMS

2021 ◽  
Vol 1 (10) ◽  
pp. 4-8
Author(s):  
I. Zelenko ◽  
Keyword(s):  
Cultural Values ◽  
Legal System ◽  
Mutual Influence ◽  
Special Kind ◽  
Legal Regime ◽  
Protective Function ◽  
Legal Science ◽  
The Law ◽  
The Right

The article reflects that legal axioms are actually values that constitute a special kind of social and cultural values. It is demonstrated that in domestic jurisprudence legal values are understood as values that determine the value of the law itself. It is highlighted that legal axioms are a kind of carrier of universal moral values that are important for any legal system. It is established that the right without a moral basis, remaining only a measure of coercion, ceases to be a right. It is revealed that axioms find their expression in the principles of law, ie play the role of the substantive basis of the entire legal system. It has been clarified that if the legal system is based on principles based on axioms, then interpretation and enforcement become more sophisticated. Attention is drawn to the fact that the meaning of legal axioms is expressed in the fact that they are based on legal science and theoretical ideas about law. It is highlighted that there is a mutual influence of the current law on the content and directions of development of legal science. It is noted that legal axioms as well as law in general perform a protective function. It is emphasized that legal axioms, having a protective character, are a component of the rule of law, the legal regime. It is presented that the meaning of legal axioms is that they ensure continuity in law. It is considered that the law is a complex dynamic system that is constantly changing under the influence of various factors. The thesis that the form of law is characterized by relative stability, and the content is more dynamic, was further considered. It is shown that legal axioms are those elements that give meaning to the law of permanence, immutability, basicity.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

Punishment

2018 ◽  
Author(s):  
Mark McClish
Keyword(s):  
Legal System ◽  
State Violence ◽  
The Law ◽  
The Right

In Indic thought, the daṇḍa (“staff”) represented the king’s use of violence for the purpose of governance. His right and obligation as daṇḍadhara (“wielder of the staff”) to punish those deemed deserving of punishment under the law defined the king’s role in the legal system. In this sense, daṇḍa represented the legalization of domination, in which state violence was reckoned as just punishment. But the king was not the only one with a recognized right to punish. This chapter explores how daṇḍa was used to articulate and legitimize relations of domination within the legal imagination of Dharmaśāstra. It asks, in particular, who is conferred the right to punish and how much?

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

(Dis)solving the Chronological Paradox in Customary International Law: A Hartian Approach

2008 ◽  
Vol 21 (1) ◽  
pp. 129-148 ◽  
Author(s):  
David Lefkowitz
Keyword(s):  
International Law ◽  
Legal System ◽  
Resolution Function ◽  
Customary International Law ◽  
International Legal System ◽  
The Creation ◽  
The Law ◽  
Normative Standard

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of recognition that treats custom as a source of valid law. Confusion over this distinction arises because in the international legal system the same agents whose beliefs give rise to a customary rule are the legal officials whose adherence to the rule of recognition leads them to deem that rule legally valid. The proposed solution to the chronological paradox employs H.L.A. Hart’s analysis of the concepts of law and a legal system, and in particular, the idea of a rule of recognition. Yet Hart famously denies the existence of a rule of recognition for international law. Hart’s denial rests on a failure to distinguish between the ontological and authoritative resolution functions of a rule of recognition, however. Once such a distinction is drawn, it can be argued that customary international law rests on a rule of recognition that serves the ontological function of making customary norms legal, though not the authoritative resolution function of settling disputes over the alleged legality of particular norms.

The Perception of Russia in Europe in Context of Ukrainian Crisis

2015 ◽  
pp. 24-34
Author(s):  
N. Lapina
Keyword(s):  
Foreign Policy ◽  
Political Elites ◽  
Political Forces ◽  
Fruitful Cooperation ◽  
European Business ◽  
The Russian Federation ◽  
Ukrainian Crisis ◽  
The Right ◽  
The Impact

This article deals with the impact of various factors on the perception of Russia in different European countries. The focus is on the role of mass media, expert and political elites in forming of Russia's image, especially in the context of Ukrainian crisis. In this article, the reaction of different European counties to events in Ukraine, the polarization of European space is analyzed: some countries prefer to put a pressure on the Russian Federation, other – to find a way out of the critical situation and reach a compromise. Some political establishment representatives in France, Germany, Czech Republic support Russia and the reunification with Crimea, dispute sanctions against Russia. For such politicians, this support results from anti-American views and independent foreign policy aspirations. Other representatives of the European elite demand tougher approach and more pressure on Russia by any means whatsoever (including military ones). European business-communities reveal great interest in solving issues related to sanctions. Many entrepreneurs in Europe (in particular major corporations in France, UK, Germany, Italy), who profit from long and fruitful cooperation with Russia, are against anti-Russian sanctions. In view of the Ukrainian crisis, Russia has to face and solve various important issues. How can Russia implement a modernization project after burning all traditional bridges to the West and western friends and partners? What is the right way for Russian foreign policy to support and defend Russian-speaking people all over the world? Which European political forces can provide support to Russia? How can civil society affect and influence cooperation between Russia and Europe?

scholarly journals RIGHT OF ACCESS ON UNDERGROUND LAND DEVELOPMENT: GUIDANCE FROM SINGAPORE AND AUSTRALIA

2020 ◽  
Vol 5 (21) ◽  
pp. 267-276
Author(s):  
Najah Inani Abdul Jalil ◽  
‘Ain Husna Mohd Arshad
Keyword(s):  
Urban Areas ◽  
Land Development ◽  
The Creation ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship ◽  
Land Code

In 1990, the creation of underground land is created in the National Land Code. The scarcity of land especially in urban areas has pushed the traditional horizontal land development into vertical land development. Apart from transportation purposes, it is suitable for recreational, storage, and service utility purposes. Within this development, it attracts questions such as how to reconcile the right of surface and underground landowners as the law has allowed the ownership of underground land to be independent and separate from the surface owner. In governing the relationship between the surface and the underground landowners, the provision of access, support, and protection are regulated under the express condition in the document of title. This paper explores the concept of the right of support in Malaysia and the requirement for its application. This paper uses the doctrinal method where statutory provisions, cases, legal articles are examined. In discussing this topic, the practice in Singapore and Australia is compared, and it is suggested in regulating the relationship between surface and underground landowners, the creation of easement to be adopted with the compensation to be awarded to the burdened land.

scholarly journals Theoretical and Practical Significance of the Issue of Maritime Delimitation in the Law of the Sea

2017 ◽  
Vol 6 (2) ◽  
pp. 125-129 ◽  
Author(s):  
Bojana Lakićević-Đuranović
Keyword(s):  
International Law ◽  
Practical Significance ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Creation ◽  
The Law

This paper aims to show the significance of maritime delimitation in the Law of the Sea, as well as the contribution of international jurisprudence to the creation of the rules of maritime delimitation. The decisions of the International Court of Justice (ICJ) and the awards of arbitration tribunals are especially significant in the part of the Law of the Sea dealing with maritime delimitation. Based on the analysis of the principle of equity and the method of equidistance, the jurisprudence of the courts is shown to have established precedents and to have an irreplaceable role in the development of the international Law of the Sea, particularly in the segment of maritime delimitations.

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