Suchergebnisse

One of the things that is closely connected with the problem of such certainty is the issue from which it came. By knowing the origin or the source of such laws. Then we will be able to determine the validity of a law. As for the sources of Islamic law is derived from the Shariah bersuber of revelation, then the law is God, that gathered in the Qur'an. And the second is the Apostles, namely piled up in His. While the source of the Western form of legal norms made by the ruler of the State, the legislature, the Senate, judges and legal experts.

Although the defence of illegality to liability in tort has a chequered history throughout the common law world and has been trenchantly criticised by judges and academic commentators alike, the legislatures of New South Wales, Queensland, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory have seen fit to enact, as part of their tort 'reform' packages, far more potent statutory analogues of this defence. This article offers an analysis of these statutory defences and their relationship with the common law defence. It will be argued that the statutory defences blight an already highly unsatisfactory body of law.

AbstractThis paper analyses the case-law of the European Court of Justice on the scope and limits of cross-border access of economically inactive Union citizens to national systems of social assistance. The author de-constructs and challenges the weak rhetoric of transnational solidarity generously deployed by the Court of Justice at the beginning of the expansive cycle of its case-law on the transnational social protection rights of mobile EU citizens. The most recent case-law shows, in fact, a spectacular retreat from this rhetoric in tune with the neo-nationalistic and social-chauvinistic moods prevailing in Europe.

The article presents the most important values criminally protected in the Catholic Churchby CIC/1983 and CCEO/1990. They are: the religion, the unity, the church authorities and thefreedom of the Church. About their prime position in the hierarchy of goods legally protected bythe provisions of penal canon law testifies that the crimes against them are put in the first and inthe second title of CIC/1983, also the threat of severe penal sanctions. These sanctions result fromthe exceptional social harmfulness of the crimes. In the degree of ailment they are analogical inthe canon law of the Latin rite and in the common law of Eastern Catholic Churches.

This article discusses the weaknesses of Indonesian (internal) legal culture. The author argues that this weakness points to the attitudes, behavior, and beliefs about the proper place of law in daily life as entertained by individuals working in the government, law making institutions as well as those working in the law enforcement sector. Moreover, this internal weakness in Indonesian legal culture, poses a threat to the unity of Indonesia as a nation. One solution offered is to return to and revive the State ideology and philosophy, Pancasila, as the basis to develop a more viable and healthy Indonesian legal culture.

Responsibility of medical workers has set of nuances. In the legislation of Ukraine many questions connected with the given theme are not opened. In the certain measure, the given problematics is studied by criminal law, but administrative and especially civil sphere of law contains set of legal blanks. Feature of regulation of a question of responsibility of medical workers consists that they are special subjects правоотношений so possess the special rights and duties, their status is separately considered by the legislator. In a context of understanding of medical workers as special subjects law it is necessary to consider questions on their legal responsibility.

Human rights law has begun to address the inequalities and exclusions that structure the domain of domestic work. The "everyday" of exclusions from employment law and social security, and precarious migration status, had, until recently, attracted only limited attention. This article examines the reforms introduced in the Overseas Domestic Workers (ODW) visa regime in the United Kingdom. The move towards a more precarious migration status for migrant domestic workers marks a rejection of the reforms secured through sustained political activism. It also highlights the contingency and instability of political moments that secure progressive change for migrants, and the enduring limits of human rights law.

Bauman claims that his work is original in its comprehensiveness, combining a study of trials under Athenian law and those under Macedonian law and looking at Athenian trials in their historical, and not just legal, context. Bauman is best known for his books on maiestas (treason) and impietas in Roman legal history, and it is thus not surprising that in this foray into Greek history he seems predisposed to finding impietas and maiestas wherever they may lurk. He would assume that, as the laws on maiestas and impietas were exploited to protect the Roman emperors, so in Greek law asebeia (impiety, sacrilege) was invoked to protect the political order.

В статье анализируется роль канонического права в развитии юриспруденции и в политической жизни. Определяется интегрирующая роль религии в условиях партикуляризма права. Отмечается, что в конце средневековья начале нового времени набирает силу процесс секуляризации, отделения светской науки от теологии, права от религии. ; The article is devoted to the role of canon law in the development of jurisprudence and political processes. Authors point to the integrative role of religion in the conditions of pluralism of law. It is noted that processes of secularization, separation of secular science from theology, law and religion increased at the end of the Middle Ages-the Early Modern period.

The relation of power, state, law and poverty. State according to law (Rule of Law) and social policy. The origin, definition and development of the welfare state. Welfare state in the framework of the European Union. The relation of the welfare state and social state. Constitutional, legal and socio-economical targets of the welfare (social) state. The welfare state typologies. The three worlds of the welfare state. Global processes and the welfare state reforms and transformations. Welfare state and bureaucracy, centralization and decentralization in the implementations of the welfare state. The welfare state and highly developed countries and central european countries of the European Union.

В статье рассматриваются актуальные вопросы конституционной теории. Показано, что Конституция РФ 1993 г. является основой отечественной правовой системы и программой построения демократической правовой государственности. Выделены организационнофункциональные признаки правового государства принцип разделения властей, самостоятельная судебная власть, верховенство закона. ; This article is devoted to some actual questions of constitutional theory. It is shown, that Constitution of Russian Federation 1993 y. is the basic of Russian law system and program of creation of democratic legal statehood. In article organizational and functional sings of democratic law state are allocated. Such as: principle of division of the authorities, independent judge authority, rule of law.

This article comments the most important aspects of the tax treatment applicable to investments of mining and oil and gas industry. The document highlights the relevant tax topics of the general tax legislation(Income Tax Law) and the special legislation of both industries (General Mining Law and Hydrocarbons Organic Law). ; Este artículo comenta los aspectos más relevantes del tratamiento tributario de las inversiones de la industria minera y de hidrocarburos, resaltando los puntos principales de la legislación tributaria general (Ley del Impuesto a la Renta) y sectorial (Ley General de Minería y Ley Orgánica de Hidrocarburos).

The purpose of the state law (rule of law) is to protect the rights and freedoms of human citizens to realize the general welfare, of the actions that an arbitrary ruler. It required strict regulation in order to protect citizens from becoming victims of arbitrariness state officials or authorities. A mechanism to protect the citizen right from abuse of power by government is through citizen lawsuit. However currently literature of citizen lawsuit is a weak in Indonesia, hence there should have been writing that discussion issues of citizen lawsuit from theory side. Keywords: Rule of law, Human Rights, Government

На основе законодательства выявлены правовые проблемы регулирования договорных и семейных отношений и в случае такого жизненного обстоятельства, как безвестное отсутствие. Сделана попытка привлечения внимания юристов и специалистов гражданского, семейного и жилищного права к проблеме безвестного отсутствия супруга и влияния данного юридического факта на брачный договор. ; Some legal problems of regulating contractual and marital relations in such a life circumstance as missing are shown on the basis of legislation. The author attempts to draw attention of lawyers and specialists in Civil Law, Family Law and Housing Law to the problem of a missing spouse and the influence of this legal fact on a marriage contract.

В статье представлен анализ основных форм гармонизации российского законодательства в международно-правовом аспекте. Одним из направлений названо недопущение или устранение проявлений дисгармонии российского законодательства и общепризнанных норм и принципов международного права. В качестве приоритетных механизмов гармонизации рассмотрены рецепция международного права и ратификация международных договоров. ; The article presents an analysis of the main forms of harmonization of Russian legislation in the international legal aspect. One of the directions called preventing or eliminating the symptoms of disharmony Russian law and universally recognized norms and principles of international law. As priority harmonization mechanisms considered reception of international law and ratified international treaties.