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The key to the growing prominence of prosecutors, both in the United States and elsewhere, lies in the prosecutor's preeminent ability to bridge organizational and conceptual divides in criminal justice. Above all else, prosecutors are mediating figures, straddling the frontiers between adversarial and inquisitorial justice, between the police and the courts, and between law and discretion. By blurring these boundaries, prosecutors provide the criminal justice system with three different kinds of flexibility—ideological, institutional, and operational—and they strengthen their own hands in a legal culture that increasingly disfavors institutional rigidity and hard-and-fast commitments. At the same time, though, the mediating role of the prosecutor frustrates traditional strategies for holding government accountable. The bridges that prosecutors provide—between law and politics, rules and discretion, courts and police, advocacy and objectivity—make curtailing prosecutorial power and taming prosecutorial discretion trickier business than is often suggested, or at least a different kind of business.

Topicality. Under the conditions of Ukraine's integration into the European community, there is an urgent need to restructure all social institutions, freeing them from all forms of discrimination, including on the basis of gender. Modern problems of the state's socioeconomic development require a new look at the functional roles of men and women, as well as the understanding that the political, economic, cultural future of society depends on overcoming gender stereotypes that are deeply rooted in the social and individual consciousness and inhibit social progress, and also the development of democracy. That is why, today, it is extremely important to study the issue of social influence and the role of women and determine their social status against the backdrop of the historical development of our state. Purpose. The article studies the emergence and adoption of the phenomenon of gender as a factor of the social status of the Ukrainian woman in the historical, philosophical and legal realm. Methodology. In the research process the authors used the methods of analyzing and synthesizing historical sources to study the content and main provisions of philosophical concepts and legal norms that formed the social status of a Ukrainian woman at different historical periods of society development, with their subsequent comparison and generalization. Originality. The work further develops the theory of gender processes with the use of interdisciplinary approaches to the study of the phenomenon of gender in the historical, philosophical and legal field as a factor of the social status of the Ukrainian woman, to critically re-evaluate the value guidelines on the construction of modern society and the formation of new ideas about the role and model of behavior of men and women and their interaction in society. Conclusions. For a long time, the social status of women was formed under the influence of philosophical views and concepts, slowly turned into the moral traditions of peoples and the rule of law. The high status of a woman, as a full-fledged member of society, formed in the early state stages, lost its relevance already in the days of antiquity. The woman became a symbol of exclusively domestic, family relations and played the role of guardian of the private foundations of the social being of men. This trend found its continuation in the Roman Empire, significantly increased in the Middle Ages and left an imprint in the philosophy of modern times and German classical philosophy. In the period from Kievan Rus to the twentieth century, the Ukrainian woman remained a victim of stereotyped thinking. Despite the normative settlement of the equality of men and women in modern conditions, this equality has a purely declarative nature.

The purpose of this study was to: 1) To Know the Auction for Goods burdened Confiscation Based Finance Minister Regulation No. 27 / PMK.06 / 2016 in the city of Semarang. 2) To know the Power of Law Treatise Deed Auctions for Goods burdened Confiscation Based Finance Minister Regulation No. 27 / PMK.06 / 2016 in the city of Semarang. The data used in this study are primary data and secondary data and data that can support tertiary study, which was then analyzed by normative juridical method.Based on the results of data analysis concluded that: 1) How the Auction of Goods Seized Burdened By Finance Minister Regulation Number 27 / PMK.6 / 2016 in Semarang. In the official auction assisted by guides who guilty of employees DJKN, the auction progresses No offers the winning auction is bidders who bid the highest. Each implementation of the auction will be charged Customs Auction accordance with government regulations governing the types and rates of non-tax state revenue. Payment of the auction price and Customs Auction shall be made in cash or check or checking account, no later than five (5) working days. In the case of submission of official documents of the auction must submit the original document of title or goods are auctioned off to the buyer or winning bidder no later than 1 (one) working day. Buyers must show proof of payment of the form and submit proof of deposit Tax on Acquisition of Land and Building If items such as land and buildings. 2) How the Legal Power of The Minutes of the Auction the Seized Goods Burdened By Finance Minister Regulation Number 27 / PMK.6 / 2016 in Semarang. Deed Auctions treatise consists of body deed, deed and leg mid deed which contains about the day, date, type of goods, address of the seller, as well as goods sold. Minutes of Deed Auctions is an authentic deed made by officials of the auction and use the laws and legislation so this auction treatise deed has permanent legal force if there are problems in the future.Key Words: The Power of Law; the Deed of Auction; Goods Burdened Confiscation.

In this work we analyze the tension, a constitutionalism characteristic, between Rule of Law and Democracy, as well as the revitalisation of constitutional normativity as a real and effective norm, equipped with a specific jurisdiction of legitimacy. The constitutionalism of legal positivism was built on the dogmatic glorification of legality, legal monism associated to a centralized structure of power, the omnipotence of the legislator and the protagonism of the legislative power on the rest of producing instances of right. Nevertheless, the recent developments of the constitutionalism, by definitively confirming the supremacy of the Constitution and the contents that incorporate in themselves, causes transcendental mutations reaching legal order as a whole. The principles of validity, rationality, unit, coherence and legitimacy are reformulated in the light of the transformations of the constitutional paradigm. Key words: constitutionalism, democracy, Rule of Law, Constitutional Jurisdiction, legal order. ; En este trabajo nos asomamos a la tensión, característica del constitucionalismo, entre Estado de Derecho y democracia, así como a la revitalización de la normatividad de la Constitución como norma efectivamente vigente y dotada de una jurisdicción específica de legitimidad. El constitucionalismo del positivismo legalista se construía sobre la exaltación dogmática de la legalidad, el monismo jurídico asociado a una estructura centralizada de poder, la omnipotencia del legislador y el protagonismo del poder legislativo sobre el resto de instancias productoras de derecho. Los recientes desarrollos del constitucionalismo, sin embargo, al consagrar definitivamente la supremacía de la Constitución y de los contenidos sustantivos que incorpora comportan mutaciones trascendentales que alcanzar al ordenamiento jurídico en su conjunto. Los principios de validez, racionalidad, unidad, coherencia y legitimidad quedan reformulados a la luz de las transformaciones del paradigma constitucional. Palabras clave: constitucionalismo, democracia, Estado de Derecho, Jurisdicción Constitucional, ordenamiento jurídico.

Preliminary Material /Duncan French -- Introduction: Sustainable Development and the Instinctive Imperative of Justice in the Global Order /Duncan French -- Refining General Principles Sustainability Discourses in International Courts: What Place for Global Justice? /Tim Stephens -- Sustainable Development and Fragmentation in International Society /Jaye Ellis -- Sustainable Development, Integration and the Confl ation of Values: The Fuel Retailers Case /Dire Tladi -- Sustainable Development, Major Groups and Stakeholder Dialogue: Lessons from the UN /Karen Morrow -- The Normative Influence of Islamic Shari'ah on Current UN Discourse on Justice and Sustainable Development /Katja Samuel -- Demystifying the Ideal: Water and Sustainability in Ancient Greek Laws /Etienne Dunant -- Pursuing Global Justice and Sustainable Development in International Law Procedural International Environmental Justice? The Evolution of Procedural Means for Environmental Protection: From Inter-State Obligations to Individual-State Rights /David M. Ong -- Climate Change and Shifting Paradigms /Joyeeta Gupta -- The Impact of International Foreign Investment Rules on Domestic Law /Ximena Fuentes -- Water Services Privatisation and Recognition of the Human Right to Water in International Investment Law: Finding Fertile Ground in Unlikely Places /Owen McIntyre -- Ecosystem Services, Agricultural Subsidies and World Trade: in search of Global Justice and Sustainable Development /Elena Merino Blanco -- The Concept of Equality in International Trade and Investment Law: A Catalyst for Sustainable Development /Freya Baetens -- The Curious Phenomenon of "Environmental Migration/Displacement" and the Role of International Law in Cross-Border Protection /Michèle Morel and Frank Maes -- National and Regional Approaches Global Poverty and Sustainable Development: Challenges addressed by the EU's Renewed Sustainable Development Strategy /Silke Steiner -- Environmental Justice and Sustainable Development: Guidelines for Environmental Law-Making /Dominique Hervé -- Some Australian examples of the integration of environmental, economic and social considerations into decision making: the jurisprudence of facts and context /Jennifer McKay -- After Copenhagen: Bringing Personal Carbon Trading Home /Peter Doran -- Justice and Sustainable Development: Compatibility or Conflict? A Scottish Case Study /Ole Pedersen , Aylwin Pillai and Anne-Michelle Slater -- Sustainable Development Indicators and a Putative Argument for Law: A Case Study of the UK /Andrea Ross -- A Concluding Comment: Reassessing and Redefining the Principle of Economic Sovereignty of States /Surya P. Subedi -- Index /Duncan French.

Within U.S. constitutional culture, courts stand curiously apart from the society in which they sit. Among the many purposes this process of alienation serves is to "neutralize" the cognitive dissonance produced by Americans' current self-conception and the role our forebears' social and political culture played in producing historic injustice. The legal culture establishes such dissonance in part by structuring American constitutional argument around anticanonical cases: most especially "Dred Scott v. Sandford," "Plessy v. Ferguson," and "Lochner v. New York." The widely held view that these decisions were "wrong the day they were decided" emphasizes the role of independent courts in producing them and diminishes the roles of culture in creating them and of social movements in overcoming them. This essay argues for approaching these decisions as ordinary products of political culture rather than extraordinary products of judicial malfeasance. Doing so honors those who struggled for progress and may invigorate our political imagination in the present

The subject. The paper is devoted to legal analysis of category "checks and balances" in the scope of constitutional legal coercion.The purpose of the paper is to confirm or disprove hypothesis that mechanism of checks and balances is a method of prevention and resolution of constitutional conflicts.The methodology of the study includes comparative legal method as well as general scientific methods (analysis, synthesis, description) and particular academic legal methods (for-mal-legal method, interpretation of legal acts).The main results and scope of their application. While the Russian legal tradition focused on the search for optimal "checks" and "balances" as well as defended the theoretical model of formalism in this matter, the English legal tradition, on the contrary, focused on finding the optimal functional balance of all branches of government. The system of checks and balances serves the purpose of resolving constitutional and legal conflicts, when it is based on a functional approach rather than a formal one. The factors of "checks and bal-ances" mechanism are:– formation of the three branches of government in different ways;– comparability of powers of the Supreme authorities belonging to various branches of the powers with discrepancy of terms of their powers;– authorities of every branch of government must have "counterbalance" – the powers of compensatory, substituting type – besides it's traditional powers. The executive and legislative authorities have "quasi-judicial" powers, the executive authorities have "quasi-legislative" powers often.– authorities of every branch of government must have "checks" – possibility to participate in the mechanism of constitutional and legal coercion in relation to another branch of the power.The executive branch can prevent a constitutional conflict generated by a gap or defect of laws through delegated law-making. The executive branch receives "quasi-legislative" powers with delegated law-making. It allows this authorities not only to respond promptly to changing public relations, but also to fill legislative gaps in a timely manner. This "counter-balance" is aimed at preventing constitutional and legal conflicts.Conclusions. The mechanism of checks and balances, which is based on the principle of separation of powers, is the primary way to prevent constitutional and legal conflicts, and also serves the purpose of resolving conflicts that have already arisen. The main manifestations of this function are the presence of compensatory and substitutive powers of various branches of government and the possibility of one branch of government to participate in the mechanism of constitutional and legal coercion in relation to another branch of government. ; Рассматриваются категории сдержек и противовесов в контексте конституционно-правового принуждения. Анализируется правовой механизм сдержек и противовесов в концепции разделения властей в науке и правоприменительной практике зарубежных стран (Франция, США и Великобритания). Делается вывод, что не все проявления механизма сдержек и противовесов совпадают с мерами конституционно-правового принуждения по содержанию, однако и то, и другое правовое явление служит цели предупреждения и разрешения конституционно-правовых конфликтов.

Abstract This research was conducted to explore the basic idea behind the use of criminal provision in Article 55 and 56 of Act Number 5 of 2011 on Public Accountants. This search was conducted to locate and find the justification used for means of criminal law in the regulation of public accounting actions that are considered dangerous and harmful to society. This study tried to construct a theory of the use "subsocialiteit" who was instrumental in the idea of the use of criminal law as a means of crime prevention in Act Number 5 of 2011. The results can be concluded is the basic idea of the use of criminal law in Article 55 and 56 of Act Number 5 of 2011 is based on some legislators ratio, namely: (1) Philosophically a safeguard against the profession as well as protection, (2) Provide legal certainty the public accountants and law enforcement, (3) Transparency and professionalism in making the financial statement audit, (4) Provide a deterrent effect, (5) Moral panic. The construction of the idea was based on the concept of "subsocialiteit" and fears of harmful acts against the interests of the public accountant is realized by providing a model of criminalization that is expected to provide a balance in penal policy formulation, using a modeling and the legal principle approach (criminal). Key words: criminalization, subsociality AbstrakPenelitian ini dilakukan untuk menelusuri ide dasar yang melatarbelakangi penggunaan ketentuan pidana dalam Pasal 55 dan 56 Undang-Undang Nomor 5 Tahun 2011 tentang Akuntan Publik. Penelusuran ini dilakukan untuk mencari dan menemukan dasar pembenaran yang digunakan untuk menggunakan sarana hukum pidana dalam pengaturan perbuatan akuntan publik yang dianggap berbahaya dan merugikan masyarakat. Penelitian ini mencoba mengkonstruksi penggunaan "teori subsosialitas" yang sangat berperan dalam ide pengunaan hukum pidana sebagai sarana penanggulangan kejahatan dalam Undang-Undang Nomor 5 Tahun 2011. Hasil yang dapat disimpulkan adalah ide dasar penggunaan hukum pidana dalam Pasal 55 dan 56 Undang-Undang Nomor 5 Tahun 2011 didasarkan pada beberapa rasio legis, yaitu: (1)Secara filosofis merupakan upaya perlindungan terhadap masyarakat sekaligus perlindungan profesi; (2)Memberikan kepastian hukum kepada akuntan publik dan penegak hukum; (3)Transparansi dan profesionalitas dalam pembuatan audit laporan keuangan; (4)Memberikan efek jera; (5)Kepanikan moral. Kontruksi terhadap ide yang disandarkan kepada konsep subsosialitas dan kekhawatiran akan berbahaya perbuatan akuntan publik terhadap kepentingan masyarakat diwujudkan dengan memberikan model kriminalisasi yang diharapkan memberikan keseimbangan dalam formulasi kebijakan penal, yaitu dengan menggunakan model pendekatan keseimbangan dan asas hukum (pidana).Kata kunci: kriminalisasi, subsosialitas

Some older accounts of Hungarian judicial organization in the period before 1848 have emphasized the conservatism of the judges, their interest in maintaining noble hegemony and their participation in the peasantry's oppression. Most studies have, however, neglected the role of the kingdom's judges, seeing them as 'expert clerks', whose task it was to fit the case to the law in syllogistic fashion. This article shows that Hungary's judicial organization was more participatory than is usually maintained, particularly at the level of the village, county and seigneurial lordship. Decisions and punishments were often made there by way of popular consultation, with reference to customary observance. In their composition, the central courts of the curia also drew upon a wide membership. The verdicts that they pronounced, although seldom explained, rested on written sources and on a specific approach to the law that constituted a stylus curiae. Although aware of precedent, case law did not develop in Hungary. Nevertheless, decision making in the central courts was relatively free of political interference and judges were often imaginative in their interpretation of the law, even to the extent of introducing new approaches in respect of the kingdom's commercial law. Hungary's judges were thus neither cruel representatives of noble privilege nor colourless functionaries but, as elsewhere, 'limited human intellects navigating seas of uncertainty'.

The United Kingdom government has made a concerted decision to ramp up its 'hostile environment' policy towards asylum seekers and refugees. The original policy took the form of 'a package of measures designed to make life so difficult for individuals without permission to remain in the UK that they will not seek to enter the UK to begin with or if already present will leave voluntarily'. The Nationality and Borders Act provides a new legislative framework for issues relating to nationality, asylum and immigration which makes asylum claims less likely to succeed and limits the rights available to many of those whose claims are successful. Critics of the policy have raised serious moral and ethical concerns relevant to both health and legal professionals. In addition, it appears that it will fail to deter those planning to make risky journeys to the UK for protection, as the government has argued in justification.