This paper deals with a legal analysis of the correlation between international rules and civil legislation of Russia. The author considers the peculiarity of the enforcement of the rules of international law and the international treaty in the Russian Federation, as well as the possibility of recognizing the supremacy of the Basic Law - the Constitution over the international legal rules, implemented in the national legislation of the Russian Federation
Legal culture is defined as a way of describing relatively stable patterns of legally oriented social behaviour and attitudes. Adapting legal culture is possible, while the adapted legislation makes a shift in the social reality, especially in transition to democracy. As social behaviour depends on other elements, such as historical and cultural backgrounds of a society, the reaction for the legal adaption may differ from one country to another. So, the legislation in two countries may be the same; but the interpretation and the implementation of the law may be different. As tax norms also have an economic aspect, factors effecting the results of the tax law adaption may be historical, cultural and also economic. Adapting legal culture is more comprehensive than transplanting legal mechanisms and importing other legal systems, it is not only translating legislation but also creating a differential fitness; a different aspect of rights and principles of law design. As tax law includes social norms as well as financial norms and is a multidisciplinary branch of law, the adaption of tax law needs justification of perceived fairness and common understanding of basic law principles and rights. If the perception of law is different, the interpretation of law may create a sui generis version of the adapted law. In this article, the question to be answered is how the historical, cultural and economic factors differ adapted tax systems in practice by the interpretation of law.
Lecture delivered at St. Luke' s Hospital under the auspices of the Malta Branch of the British Medical Association on October 18th 1961. ; The learned Association made an indulgent concession in prescribing that the lecture be delivered by one who does not belong to the medical profession. I assume this role with some trepidation. I am saying this not to be merely vocal, but, really and truly, and for a twofold reason. First of all, because I am very much afraid that if I do say anything good it will not be new, and if I say anything new it wiIl not be good. In the second place, there has been a tendency amongst humorous writers to place medicine and law at loggerheads with one another. ; N/A
The research for this thesis is undertaken in order to examine whether or not equal employment legislation improved opportunities in the workplace for Black working women. The following areas will be focused on: - Legislation - Civil Rights Act of 1964, Equal Employment/Affirmative Action, Equal Pay Act, and Title IX. - Racism/Sexual Harassment - The Public and Private Job Sector - Unions - Academia/Education - Politics Some sources for examination will include studies by researchers from various universities on Black women and employment, statistics from the U.S. Labor Bureau, National Research Council and Joint Center for Political Studies, and reports and writings from the Women's Bureau as well as authorities on the above topics. The final chapter will be devoted to reporting the results of interviews and a survey questionnaire of Black working women regarding their views on equal employment's impact and contemporary workplace problems. Suggestions for improving Black women's opportunities and status on the job will also be included in the final chapter.
These past 20 years have witnessed very substantial developments in the legislation relating to consumer protection and the provision of financial services. During this period, the law in these two areas has evolved rather rapidly and beyond recognition. However, it is not always easy to decipher whether and how the two sets of laws dovetail with each other. It would be therefore interesting to explore whether the two sectors constitute a coherent framework and whether there are lessons that two sectors may learn from one another. Many of the legislative changes were homegrown, but significant influence has been predictably exerted by the island's moves towards accession to the European Union. Indeed, one may claim that in the past 10 years, EU law has become the most important inspiration for new legislation. Independently of the growing EU influence on both its formal and substantive aspects, the Maltese legal system already presents a sophisticated and comprehensive framework. It is also an increasingly complex framework. One can speculate whether the complexity of our legal framework may be a reflection of the varied foreign influences that have designed the island's history. Over the years, Malta has been ruled by a series of foreign powers too numerous to list. These have included the Romans, the Greeks, the Phoenicians, the Kingdom of the Two Sicilies, the Knights of St. John and, albeit for a few years, the French under Napoleon. For long stretches of its history, the island used to form part of the Italian mainland to its north. More recently, roughly between 1800 and 1964, Malta formed part of the British Empire. For all these reasons, Roman law, Italian law and English law have all contributed towards the development of Maltese legal rules and culture. ; peer-reviewed
peer-reviewed ; Until the beginning of the 1990s reform of the substantive criminal law has not been a legislative priority. As a result the law consisted of an amalgam of common law and statutory provisions. The principles of liability and the general defences thereto have, in the main, been the material of the common law and their development has fallen within the judicial domain. A mixture of common law and statutory provisions governed particular offences. But even in this case legislation tended to be based on a common law background. Statutes usually were consolidating in nature, rather than codifying, as for example is the case with the Larceny Act, 1916. This coupled with the oblique, and increasingly outdated, manner in which important statutes, such as the 1861 legislation, were drafted led to an unsatisfactory state of affairs. The Oireachtas continued this for many years with changes to the substantive criminal law being secondary to other legislative concerns. For example, the offences of burglary and robbery were amended not as part of a reform of the law on dishonesty but in order to harmonise those offences with their equivalents in Northern Irish law so as to the facilitate the operation of the Criminal Law (Jurisdiction) Act, 1976.
In Turkey, mental health professionals, together with patients and carers, have been involved in the drafting of the Mental Health Bill which is presently under consideration by Parliament. While the Mental Health Law is pending, various pieces of legislation are being used for different types of involuntary admission. The prospective Mental Health Law is of paramount importance for doctors, patients and families.
The large proportion of smokers in China and the social consequences have had a damaging impact on public health as well as on the society. As a sub-national legislation, the Guangzhou anti-smoking legislations in Guangzhou play an important role in the legislative control in China since it is one of the most severe local tobacco control laws in China. Many legislative experts, public health professionals and even decision makers have great hope on this law. But the consequence of this law is disappointed. And this anti-smoking legislation has exposed a lot of problems. This article introduces the current status of tobacco control legislation in Guangzhou; analyzes the effectiveness of Hong Kong and Canada's tobacco control law; identifies four areas (the weak effect of the anti-smoking law; inappropriate penalties; limited governmental capacity and uncertain political will and the lack of awareness) in the anti-smoking legislation in Guangzhou that are problematic. Finally, this project discusses what can we learn from other countries' legislative experiences, including making clear definitions of key terms in anti-smoking laws; change the way of penalty; increasing the regulation of tobacco packaging and increasing the governmental capacity, which aims at proposing some legislative options for a much more effective tobacco control movement in Guangzhou in the future. ; published_or_final_version ; Public Health ; Master ; Master of Public Health
This essay considers the virtue of clarity as a core element of the rule of law. According to the author, its promotion requires a system of separation of powers in which the institution called to create the law is different than the organ called to apply it. In this way, the values of prospectivity, generality and promulgation - directly related to the idea of clarity - are correctly protected and achieved. In contrast, a regime in which the courts have authority not only to adjudicate cases, but also to legislate through judicial decisions, creates areas of uncertainty and retroactivity, both legal vices totally rejected by the very notion of the rule of law. El presente ensayo considera la claridad normativa como supuesto básico del Estado de Derecho. La promoción de la claridad normativa requiere, de acuerdo al autor, de la existencia de un sistema de separación institucional de poderes en el cual sean diferenciados los órganos llamados a dictar las normas de aquellos llamados a aplicarlas. De esta forma se protegerían los principios de irretroactividad, generalidad y conocimiento del derecho, todos ellos directamente vinculados al concepto de claridad. El autor plantea que esta concepción se opone a aquella que concentra en los jueces facultades legislativas y jurisdiccionales. La razón esencial de esta oposición es que las sentencias judiciales, en cuanto fuente de derecho, pueden generar espacios de incerteza y retroactividad, vicios ambos incompatibles con una sana concepción de Estado de Derecho.
