scholarly journals Aperçu du statut des Territoires du Nord-Ouest et du Yukon en droit constitutionnel canadien

2005 ◽  
Vol 29 (3) ◽  
pp. 599-636
Author(s):  
Dominique Melançon
Keyword(s):  
Northwest Territories ◽  
Legal Status ◽  
Prime Minister ◽  
Western Region ◽  
Native Population ◽  
Basic Principles ◽  
Governmental Organization ◽  
Political Autonomy ◽  
The North ◽  
The Status

The 1987 Constitutional Accord between the prime minister and the ten provincial premiers has caused discontent amongst the Northwest Territories and Yukon governments. They object to various elements in the Accord which do not confer on them rights identical to those of the provinces, to other elements which are likely to affect their future political evolution and to the fact that the Accord was concluded without their participation. By challenging the Accord before the courts, they have drawn national attention to their status within Confederation. Furthermore, some progress in the status of the Territories was made by the signing of a boundary and constitutional agreement by the Constitutional Assembly of the Western Region and that of Nunavut in Iqaluit on January 15, 1987 for purposes of dividing the Northwest territories. Although the agreement could not be ratified by referendum, it contains the basic principles for guiding the drafting of respective constitutions for the two new entities that will be created. Within the framework of recent events, the author first presents the main stages in the evolution of governmental organization in the Territories and then goes on to analyse their present legal status. This study makes it possible to see if recent evolution will cause the territorial governments increasingly to resemble provincial governments. Nonetheless, in many ways they still remain in a state of dependency vis-à-vis federal authorities. In conclusion, the author observes that the evolution of the Territories with regard to legislative and executive powers and bodies does not mean that they will necessarily obtain provincial status. Their accession to greater political autonomy could possibly become a reality by the implementation of original solutions, distinct from those of southern Canada and better adapted to the specific needs of the North and its important native population.

scholarly journals PROBLEM OF INSTITUTIONAL PROVISION OF ECONOMIC DEVELOPMENT OF TERRITORIAL COMMUNITIES IN UKRAINE

2017 ◽  
Vol 19 (1(63)) ◽  
pp. 18-22
Author(s):  
A.M. Araftenii
Keyword(s):  
Economic Development ◽  
Local Governments ◽  
Legal Status ◽  
Living Environment ◽  
Basic Principles ◽  
The People ◽  
Territorial Unit ◽  
The Status ◽  
The Right ◽  
Determining Factor

This article is devoted to the problem of institutional provision of socio-economic development of territorial communities in Ukraine, analysis of the peculiarities of administrative and territorial modernization at the regional level, streamlining of the system and structure of local authorities, as well as substantiation of the basic principles that are intended to ensure the effectiveness of institutional modernization of territorial communities in Ukraine . The system of local self-government does not meet the needs of society. Local governments do not have the necessary levers of influence, properly fulfill their functions in most of the territorial communities, do not ensure the creation and maintenance of a suitable living environment, which is necessary for the full development of the person, the protection of his rights, self-realization and providing the population with local self-government available administrative, social And other services in certain areas. The formation of self-sufficient, active and active territorial communities in Ukraine is a determining factor in the democratization of Ukrainian society and the realization of the constitutionally enshrined right of the people as the only source of power in our state. It is important for communities to create appropriate government institutions that are accountable to them and are in control, and which are actually effective. A territorial community is a collection of citizens of Ukraine who live together in a rural or urban settlement, have their collective interests and legal status, which is determined by law. Unlike a simple territorial unit, a settlement that has the status of a territorial community is given certain rights. First of all, this is the right to self-government. The united territorial communities will become a territorial unit of regional subordination. The institutional provision of territorial communities in Ukraine requires not only theoretical reflection and substantiation. Any theories are only worth something when they are tested in practice.

DOCTRINAL APPROACHES TO DEFINING THE CONCEPT OF CONSTITUTIONAL AND LEGAL STATUS OF PROFESSIONAL JUDGES

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Vitaliy Hudyma ◽  
Mariana Khmyz ◽  
Valentyn Liubarskyi ◽  
...  
Keyword(s):  
Legal Status ◽  
Qualitative Feature ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Structural Elements ◽  
Legal Basis ◽  
Basic Principles ◽  
Legal Personality ◽  
The Status ◽  
The Law

The article reveals the essential characteristics of the concept of «constitutional and legal status of professional judges", based on doctrinal approaches to its consideration. It is established that the legal basis of the constitutional and legal status of judges is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Bangalore Principles of Judicial Conduct. It is determined that the constitutional and legal status of professional judges is revealed as the formation of understanding and perception of the essence of such status, based on the foundations of constitutional and legal science. It was found that the main structural elements of the constitutional and legal status of professional judges are: 1) legal personality as a special and at the same time qualitative feature of a judge, as a subject authorized to exercise the function of justice; 2) the grounds for bringing a judge to legal responsibility; 3) the rights and duties of a judge, which are regulated by the provisions of Article 56 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 4) oath, according to which a person appointed to the position of a judge guarantees compliance with the basic principles of legal conduct, which must be followed by a professional judge not only in judicial but also in extrajudicial activities and regulated by Article 57 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 5) requirements for the position of a judge, which are regulated by the provisions of Article 127 of the Constitution of Ukraine and the provisions of Article 69 of the Law of Ukraine «On the Judiciary and the Status of Judges» to judges of courts of general jurisdiction, for example, to judges of the Constitutional Court of Ukraine, then the provisions of Article 148 of the Constitution of Ukraine; 7) constitutional and legal guarantees, which are enshrined in the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Bangalore Principles of Judicial Conduct. It is noted that the prospects for further research in this area are the study of the legal basis for the independence of professional judges as one of the constitutional principles of their legal status.

Treaty, Grant, Usage or Sufferance? Some Legal Aspects of the Status of Hong Kong

1983 ◽  
Vol 95 ◽  
pp. 427-455 ◽  
Author(s):  
Anthony Dicks
Keyword(s):  
Hong Kong ◽  
Great Britain ◽  
Legal Status ◽  
Prime Minister ◽  
Legal Aspects ◽  
Margaret Thatcher ◽  
British Prime Minister ◽  
Current Controversy ◽  
The Status

The current controversy between Great Britain and China regarding the legal status of Hong Kong, having lain dormant for many years, was made explicit by a public exchange of statements between the governments of the two countries during and after the visit to Beijing of British Prime Minister Mrs Margaret Thatcher in September 1982.

scholarly journals LEGAL STATUS OF THE PERSONS DURING THE WARS THAT WERE FOUGHT BY THE STATES OF THE ANCIENT EAST

2020 ◽  
Keyword(s):  
Legal Status ◽  
Human Person ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Basic Principles ◽  
Civilian Population ◽  
Moral Principles ◽  
Gender And Age ◽  
The Status ◽  
The Military

The article gives a historical and legal review of the problems of the legal status of individuals, both combatants and non-combatants, during the wars that were fought between the states of the East in antiquity. The general and specific approaches in relation to various ancient Eastern peoples to the civilian population and prisoners are analyzed. It turned out that already at that time the foundations were laid for the formation of the basic principles of international humanitarian law in the future. Attention is drawn to the fact that, without knowing the rights of the human person, the ancient peoples could not know the rights of war in the sense that we understand it now. The war then was an unlimited use of force and the defeated, if sometimes they could hope for the magnanimity of the victor, except in the sense that they sometimes survived. It is noted that in practice there was no difference between the status of the warring and civilian population at that time. Every resident of a hostile state, without regard to gender and age, could be killed, enslaved, subjected to various bullying and torture. Also it was noted that a wide variety of violence was used against enemies - both combatants and non-combatants. Against the enemy in ancient times it was allowed to use any weapon, any means, even treacherous ones, which were capable of harming him. None of the adversaries, either wounded or sick, or surrendered, could not avoid being deprived of liberty at best and turned into a living commodity or free labor, and in the worst, die the death of martyrs. Nowhere in the Ancient East, with the exception of India, do we find examples of a humane attitude to the human person, the desire to introduce at least some humanitarian restrictions into the military sphere. But nevertheless, already in the ancient era, sprouts of processes of laying the foundations for the formation of further basic principles of international humanitarian law, based on moral principles - humanism, compassion and mercy, which were interpreted taking into account the conditions of the war, arose.

scholarly journals PROBLEMS OF UNREGULATED POLITICAL STATUS OF TERRITORIES AS A FACTOR OF DEEPENING CONTRADICTIONS IN INTERNATIONAL RELATIONS

2021 ◽  
Vol 51 (2) ◽  
pp. 74-81
Author(s):  
Miroslav Dnistrianskyi ◽  
Galina Kopachinska ◽  
Nataliya Dnistrianska
Keyword(s):  
Legal Status ◽  
Political Conflict ◽  
The Self ◽  
Arab State ◽  
Political Status ◽  
Political Conflicts ◽  
The North ◽  
The Status ◽  
Border Conflicts ◽  
The Creation

All international conflicts regarding unregulated political status of territories, despite the variety of their types, can be united by the lack of legitimate power in different parts of the earth's surface or the desire to establish such power. In order to differentiate all the conflicts regarding international legal unregulated political status of the territories according to their origin the following types can be proposed: 1) conflicts that arose as a result of the forcible annexation of territories, the incorporation of which is not recognized by the international community; 2) conflicts that arose due to the creation of the self-proclaimed states in the territories controlled by the occupation regimes; 3) conflicts that arose due to the creation of the self-proclaimed states as the result of domestic crisis reasons, but with the participation of foreign policy factors; 4) conflicts over disputable border areas and islands; 5) conflicts regarding political claims to dependent countries under the control of other states; 6) latent conflicts over claims on land and water areas, which according to international conventions should not be extended to the sovereignty of any state; 7) the Middle East conflict due to non-compliance with the decision of the UN General Assembly of 1947 on the establishment of a sovereign Arab state. The conflict over the legal status of Palestine and the there solution of the so-called self-proclaimed states are the main issues of geopolitical controversy among the various types of conflicts. The conflict-generating potential regarding disputes over control independent countries is much smaller today. Interstate border disputes mostly concern the status of individual islands. In order to avoid new conflicts, the UN needs to strengthen the status of Antarctica and the areas adjacent to the North Pole, making them as a neutral demilitarized territory, which can not be extended to the sovereignty of individual states. The greatest concentration of conflicts regarding the international legal unregulated political status of the territories is connected with the contradictions in the collapse of the USSR and in thein completeness and disorder of decolonization. Thus, the resolution of territorial and political conflicts requires the UN Security Council and international law modernization and reform, paying much attention to the conditions and circumstances of state and political self-determination, as well as the realization of effective sanctions in the case of annexation of territories. Among the various types of conflicts related to the international legal unresolved political status of territories, the main nodes of geopolitical controversy are Russia's occupation of Crimea and part of Donetsk and the conflict over the state status of Palestine and resolving the problems of so-called self-proclaimed states. its influence in the post-Soviet space. Key words: territorial-political conflict, types of conflicts concerning international legal unregulated status of territories, self-proclaimed states, border conflicts, status of Antarctica and Arctic.

The Northern Homefront

2016 ◽  
Author(s):  
Nicole Etcheson ◽  
Cortney Cantrell
Keyword(s):  
Civil War ◽  
African Americans ◽  
Catholic Church ◽  
Legal Status ◽  
Total War ◽  
The North ◽  
The People ◽  
The Status ◽  
Work Family ◽  
The Impact

During the Civil War, the entire North constituted the homefront, an area largely removed from the din and horror of combat. With a few exceptions of raids and battles such as Gettysburg, civilians in the North experienced the war indirectly. The people on the homefront mobilized for war, sent their menfolk off to fight, supplied the soldiers and the army, coped without their breadwinners, and suffered the loss or maiming of men they loved. All the while, however, the homefront was crucially important to the course of the war. The mobilization of northern resources—not just men, but the manufacture of the arms and supplies needed to fight a war—enabled the North to conduct what some have called a total war, one on which the Union expended money and manpower at unprecedented levels. Confederate strategists hoped to break the will of the northern homefront to secure southern independence. Despite the hardships endured in the North, this strategy failed. On the homefront, women struggled to provide for their families as well as to serve soldiers and the army by sending care packages and doing war work. Family letters reveal the impact of the war on children who lost their fathers either temporarily or permanently. Communities rallied to aid soldiers’ families but were riven by dissension over issues such as conscription and emancipation. Immigrants and African Americans sought a new place in U.S. society by exploiting the opportunities the war offered to prove their worth. Service in the Union army certainly advanced the status of some groups, but was not the only means to that end. Nuns who nursed the wounded improved the reputation of the Catholic Church and northern African Americans used the increasingly emancipationist war goals to improve their legal status in the North. The Civil War altered race relations most radically, but change came to everyone on the northern homefront.

scholarly journals Mediation in the criminal process of Ukraine: prospects for legislation

2020 ◽  
pp. 117-121
Author(s):  
O.M. Sadruk ◽  
O.I. Tyshchenko
Keyword(s):  
Legal Status ◽  
Mediation Process ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Advantages And Disadvantages ◽  
Procedure Code ◽  
Foreign Countries ◽  
The Status ◽  
Moral Damage

The scientific article is devoted to the analysis of the mediation process as an attempt to reach a voluntary understanding (reconciliation) between the victim and the offender to compensate for material and moral damage through impartial, prepared for resolution of the conflict between the person and the mediator. The paper examines the concept of "mediation", the need for its introduction in national legislation, as well as the advantages and disadvantages of this procedure, which are observed in the experience of foreign countries. The international legal acts containing norms on mediation, the current criminal procedural legislation of Ukraine, the draft law "On mediation" are analyzed. The views of scholars and judges on the feasibility of legislative regulation of mediation in Ukraine have been studied. The norms of the Criminal Procedure Code regarding the conciliation agreement are analyzed and certain changes to the mentioned provisions are proposed, in particular, the separation of such a subject of conflict resolution as a mediator. Conclusions and proposals aimed at improving criminal procedural legislation have been formulated. Attention is drawn to the fact that the basic principles of mediation, the scope of its application, the range of criminal proceedings in which mediation is possible, the requirements for mediators and the conditions for acquiring the status of a mediator, the legal status of a mediator are required. Moreover, they proposed their own views on enshrining certain provisions related to mediation in the legislation for the effective operation of the mediation institution. Because it is no coincidence that mediation as an alternative way of resolving disputes is developed in international practice and it is justified that the European community pays considerable attention to mediation as an alternative way of resolving disputes in various spheres of society.

D. I. Mendeleev’s “cherished thoughts” on foreign trade and “proper protectionism”

2020 ◽  
pp. 120-139
Author(s):  
T. N. Belova
Keyword(s):  
Foreign Trade ◽  
Russian Empire ◽  
Foreign Trade Policy ◽  
Basic Principles ◽  
Industrial Economy ◽  
The North ◽  
Russian Economy ◽  
American Scholar ◽  
The Russian Empire ◽  
Competition Growth

Foreign trade policy and its role in the economic growth of the national economy are considered through the prism of history and comparison of the formation of the industrial economy in the Russian Empire and the North American United States. The author compares the protectionism of D. I. Mendeleev, described in his economic works, and the free trade thinking of the American scholar W. Sumner, who formulated the “misconceptions” of protectionism. Mendeleev’s proper protectionism is grounded on the basic principles (incentivizing internal competition, growth of consumption, bringing up of new industries ), which are relevant for contemporary Russia. The author gives a typical example of the formation and decline of the factory industry using the case of mirror factories in the Ryazan province. These historical analogies, the paper argues, are necessary for the correct assessment of the current situation and for coming up with valid solutions aimed at the development of the Russian economy.

U-Pb on Zircon and Monazite Geochronology of Granites of the Zhytomyr and Sheremetiv Complexes, the North-Western Region of the Ukrainian Shield

2018 ◽  
Vol 40 (2) ◽  
pp. 63-85 ◽  
Author(s):  
L. Shumlyanskyy ◽  
L. Stepanyuk ◽  
S. Claesson ◽  
K. Rudenko ◽  
A. Bekker
Keyword(s):  
Ukrainian Shield ◽  
Western Region ◽  
The North ◽  
North Western

Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan)

2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil
Keyword(s):  
Nucleic Acid ◽  
Breast Milk ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Science ◽  
Dna Identification ◽  
Islamic Medicine ◽  
Parents And Children ◽  
The Status ◽  
Brothers And Sisters

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.

Sign in / Sign up

Export Citation Format

Share Document