Authoritarian rule of law: legislation, discourse, and legitimacy in Singapore
In: Cambridge Studies in Law and Society
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In: Cambridge Studies in Law and Society
In: Chandler Publications in Political Science
This theoretical and practical overview of the international legal architecture between developing countries and advanced nations is divided into two parts, the first providing a theoretical overview of the philosophical implications of international development law principles; the second deals with international financial architecture
An outline for a model law is presented here that would govern the non-consensual treatment of people who lack the capacity (or competence) to consent due to mental impairment, whether this is due to 'mental disorder' or 'psychiatric disorder' as conventionally conceived, or due to a 'physical disorder'. Our aim in drafting this model law is to give coherent and practical expression to the case, previously made by two of the current authors, that separate legislation authorising the civil commitment of 'mentally disordered' persons is unnecessary, and discriminatory, and should be replaced by new, comprehensive legislation that would govern the non-consensual treatment of both 'mental' and 'physical' conditions. This new scheme – which we have described as the 'fusion' proposal – would be based squarely on incapacity principles: that is, on the impaired capacity of a person to make decisions about treatment, from whatever cause – whether this is due to schizophrenia, Alzheimer's Disease, a learning disability, a confusional state due to infection, a cerebrovascular accident, a head injury, or any other mental impairment.A model statute of this kind, drafted largely by Rowena Daw, is presented here in skeleton form.
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In: "Krytyka Prawa", tom 6, s. 79–101, ISSN: 2080-1084; DOI: 10.7206/kp.2080-1084.40
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In: Cultura: international journal of philosophy of culture and axiology, Band 16, Heft 1, S. 23-28
ISSN: 2065-5002
Marxist Philosophy as an explanation of social reality has, since the fall of the Berlin Wall, been largely neglected. However, some philosophers have contended that it may still be relevant to explain today's social reality. In this article, I wish to demonstrate precisely that
Marxist philosophy can be relevant to understand social reality. To carry out this task, I show that Marxist philosophy of law can offer a sound explanation of Animal law in South Africa. My argument is that South African law is a superstructure that reinforces the power of the animal farming
industry in South Africa. That is, the hidden purpose of the law is to benefit the industry. In order to argue for this, I present two sets of arguments. The first set argues that the law facilitates the functioning of the animal farming industry. In the second set of arguments I contend that
the law socialises individuals into approving the methods of slaughtering by the animal farming industry.
National law derives its validity from the fact that the State that enacts it is sovereign and is capable of enforcing it in its national territory. It is independent from any other national or international system. A sovereign country is free to sign international treaties. Treaty obligations must be respected but this merely means that the state could not invoke national law as an excuse for failing to perform its treaty obligations towards other contracting parties. States are left to their own devices for finding the most appropriate domestic arrangements for fulfilling their international obligations. So one can say there is internal supremacy as opposed to international supremacy of treaties and other aspects of their domestic status are a matter of national law. As a result, two theories evolved to demonstrate the relationship between domestic law and international treaties. The monist view - as expressed for instance, by Kelsen - is that national legal orders are 'creatures' of international law. The dualist views, as exposed by TriepeI and Anzilotti are rather more convincing where they show that national legal orders were separate legal orders, able to resist the penetration of international norms. ; peer-reviewed
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Argues that, despite a failure to implement the recommendations in the Law Commission's 2011 report entitled "Expert Evidence in Criminal Proceedings", many of its proposals on the exclusion of such evidence might be introduced by the judiciary's appropriate exercise of common law powers. Reviews the Commission's proposals, the common law principles determining when expert evidence is not admitted, and how such discretion could be used to exclude evidence failing the Commission's core test. Discusses the drawbacks of such an approach and whether the Commission proposals were too timid.
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In: http://hdl.handle.net/2027/mdp.35112104733565
"Final report: project no. 9-C-003." ; Bibliography: p. 352-369 ; Photocopy. ; Mode of access: Internet.
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This report examines various issues pertaining to foreign students in the United States. Since the Immigration Act of 1924, the United States has expressly permitted foreign students to study in U.S. institutions. Most foreign students are at least 18 years old and are enrolled in higher education programs. Foreign students are generally considered to enrich cultural diversity of the educational experience for U.S. residents as well as enhance the reputation of U.S. universities as world-class institutions. Concerns have arisen in recent years that have caused Congress to take a new look at the Immigration and Nationality Act (INA) provisions that govern their admission.
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This report examines various issues pertaining to foreign students in the United States. Since the Immigration Act of 1924, the United States has expressly permitted foreign students to study in U.S. institutions. Most foreign students are at least 18 years old and are enrolled in higher education programs. Foreign students are generally considered to enrich cultural diversity of the educational experience for U.S. residents as well as enhance the reputation of U.S. universities as world-class institutions. Concerns have arisen in recent years that have caused Congress to take a new look at the Immigration and Nationality Act (INA) provisions that govern their admission.
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This report examines various issues pertaining to foreign students in the United States. Since the Immigration Act of 1924, the United States has expressly permitted foreign students to study in U.S. institutions. Most foreign students are at least 18 years old and are enrolled in higher education programs. Foreign students are generally considered to enrich cultural diversity of the educational experience for U.S. residents as well as enhance the reputation of U.S. universities as world-class institutions. Concerns have arisen in recent years that have caused Congress to take a new look at the Immigration and Nationality Act (INA) provisions that govern their admission.
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This report examines various issues pertaining to foreign students in the United States. Since the Immigration Act of 1924, the United States has expressly permitted foreign students to study in U.S. institutions. Most foreign students are at least 18 years old and are enrolled in higher education programs. Foreign students are generally considered to enrich cultural diversity of the educational experience for U.S. residents as well as enhance the reputation of U.S. universities as world-class institutions. Concerns have arisen in recent years that have caused Congress to take a new look at the Immigration and Nationality Act (INA) provisions that govern their admission.
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This report examines various issues pertaining to foreign students in the United States. Since the Immigration Act of 1924, the United States has expressly permitted foreign students to study in U.S. institutions. Most foreign students are at least 18 years old and are enrolled in higher education programs. Foreign students are generally considered to enrich cultural diversity of the educational experience for U.S. residents as well as enhance the reputation of U.S. universities as world-class institutions. Concerns have arisen in recent years that have caused Congress to take a new look at the Immigration and Nationality Act (INA) provisions that govern their admission.
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