Nowadays the development of AI technology is not yet mature, let alone the legal definition and regulation of its type, even the type of technology itself is full of uncertain factors. Because of the rapid development of technology and the openness of theories, scientists have not yet formed a unified consensus and system on cutting-edge technical issues. Therefore, at present, governments all over the world are actively formulating the development plans of AI, but the supervision and regulation of AI are scattered and lagging behind. There is nothing wrong with encouraging the development of new technologies, but the application of technologies requires a responsible response to various ethical demands from human society. No matter what form of AI technology and its application are inseparable from the algorithm and the issue of "algorithm accountability" may probably be a focus of legal regulations on AI and the path of accountability is algorithm interpretation. It is desirable but regrettable that the EU's GDPR stipulates the non-binding "right to explanation". But the stop of GDPR is exactly the starting point of constructing the algorithm interpretation mechanism in law.
Under our constitutional settlement, the judges interpret and apply statutes such as to articulate the will of the democratically legitimated Parliament. The article discusses the views of the academic, the judge and the practitioner on how the judges seek to discern the will of Parliament reconciling that with their judicial obligation to serve justice and the principles of legality - the law making dynamic.
The application of the law in terms of meaning is called interpretation. If there is doubt or conflict in determining the meaning of a legal rule or contract, or if there is a gap in the law, interpretation becomes inevitable. There are many methods of interpretation in general law. However, based on the principle of protecting the employee in labour law, the principle of "interpretation in favor of the employee ", which is a special form of interpretation, has emerged. In the study, the place and application of this method in individual labour law are discussed. While examining the principle of "interpretation in favor of the employee" examples from relevant judicial decisions are given. It is understood that the principle of interpretation in favor of the employee has turned into a settled form of interpretation with judicial decisions in labor law. In the study, it was revealed that there are factors and boundaries that should be considered while applying this interpretation method. Conclusions: As a result of the study, it is understood that the principle of interpretation in favor of the employee, which emerged as a result of the obligation to protect the employee who is weak against the employer, is widely applied in the courts. But, making decisions that disrupt the delicate balance between the employee and the employer by completely ignoring the general principles of the law will prevent the realization of the purpose expected from this method of interpretation. In the article, the factors that should be taken into consideration while applying the principle of "interpretation in favor of the employee" are also examined. ; peer-reviewed
"This year (2011) recognises the centenary of the Northern Territory separating from South Australia and becoming the responsibility of the Commonwealth Government. It therefore offers an historical 'marker' on the journey to statehood, and an opportunity to maintain the dialogue within the Territory as undertaken by the Information Roadshow Program delivered by the Northern Territory Statehood Steering Committee during 2010. This Information Roadshow Program travelled to 50 Public Forums and conducted a number of local meetings and information sessions throughout the Northern Territory in 2010." - Executive summary. ; Date:2011 ; Keynote speeches - The Honourable Fred Chaney, Professor George Williams -- The Northern Institute Public Policy Lecture Series - The Honourable Dr. Gary Johns, Professor Elizabeth A. Povinelli -- Further Statehood related presentations - The Honourable Paul Henderson MLA, Chief Justice Robert French -- Historical Society of the Northern Territory Lecture Series 2011 - Michael Tatham, Professor Dean Carson, Ken Parish, Kathy De La Ruse, Judy Boland. ; Made available by the Northern Territory Library via the Publications (Legal Deposit) Act 2004 (NT).
Roughly ten million Americans owe court-ordered economic sanctions, known as Legal Financial Obligations (LFOs). Oftentimes, payment of these fees is a condition of probation; when an individual is unable to make payments their probation may be revoked, resulting in incarceration. In 1983, the Supreme Court handed down its opinion in Bearden v. Georgia, explaining that states may only revoke probation for nonpayment of LFOs upon a showing that the nonpayment was "willful," a determination that must be made in court through an ability to pay hearing. Since Bearden, the Supreme Court has not revisited this issue to explain what "willful" means, leading to an outgrowth of divergent interpretations among lower courts. This Note examines the history and context of the Bearden decision in an effort to uncover a clearer understanding of the meaning of the term "willful." In doing so, this Note aims to show how some interpretations of this standard have failed to meet the threshold set by the Supreme Court, resulting in unconstitutional deprivations of liberty. Finally, this Note discusses some of the problems facing advocates in challenging inadequate ability to pay determinations before proposing potential solutions through both strategic litigation and legislative reform, modeled on successful outcomes in Washington, Louisiana, and Massachusetts.
This article analyzes the constitutional provisions and practices of the Kosovar process of forming a government in two scenarios: after a parliamentary election, and after a motion of no confidence. The factors that most prominently complicate this process are the proportional electoral system, extreme party pluralism, and ambiguous constitutional provisions. Leaving aside the first two factors, which have thus far resisted efforts to change them, the authors claim that the constitutional law dealing with the government-formation process has undergone both procedural and substantive changes as a result of interpretations and decisions by the Constitutional Court. The authors further note that these changes are constitutional constructions, rather than constitutional interpretations, and describe the novel, resultant practice as legitimized without amendment. These constitutional interpretations and constructions, their possible alternatives, and the relevant constitutional provisions are analyzed through doctrinal legal research. That constitutional judgments can be reinterpreted and abused by interim, and office-seeking (rather than policy-seeking) political coalitions seems a condition poised to engender future instability; therefore, the authors hold that the amendment of the constitution is the best insurance against political and constitutional crises when it comes to forming a government, either after elections or with the same legislature. The authors hope that this paper will contribute to the enrichment of the constitutional practice of forming parliamentary governments and the development of the doctrine of constitutional interpretation. ; U ovome članku analiziraju se ustavne odredbe i praksa kosovskog formiranja vlade u dva scenarija: nakon parlamentarnih izbora i nakon izglasavanja nepovjerenja. Čimbenici koji izrazito kompliciraju taj proces su proporcionalni izborni sustav, ekstremni stranački pluralizam i dvosmislene ustavne odredbe. Ostavljajući po strani prva dva čimbenika, koji su do sada odolijevali nastojanjima da ih se promijeni, autori tvrde da je ustavno pravo koje se bavi procesom formiranja vlasti doživjelo i proceduralne i materijalne promjene kao rezultat tumačenja i odluka Ustavnog suda. Autori nadalje primjećuju da su te promjene ustavne konstrukcije, a ne klasična ustavna tumačenja, te opisuju novu, rezultirajuću praksu kao legitimiranu bez ustavne promjene. Ova ustavna tumačenja i konstrukcije, njihove moguće alternative te relevantne ustavne odredbe analiziraju se doktrinarnim pravnim istraživanjem. Uzimajući u obzir činjenicu da se ustavne presude mogu reinterpretirati i biti zloupotrijebljene privremenim ad hoc koalicijama, koje se temelje na trenutačnim uskim stranačkim interesima, može se pretpostaviti da će to stvarati dodatne nestabilnosti u budućnosti. Stoga autori smatraju da je izmjena ustava najbolje osiguranje od političke i ustavne krize kada je u pitanju formiranje vlasti, bilo nakon izbora, bilo s istim zakonodavnim tijelom. Autori se nadaju da će ovaj rad pridonijeti obogaćivanju ustavne prakse formiranja parlamentarnih vlada i razvoju doktrine tumačenja ustava.
This paper provides a study of the new law on divorce from a public law perspective; it identifies a number of issues which are worth analysing from the point of view of Constitutional Law and Administrative Law. These comprise the obligatory referendum mechanism, the relevance of the Interpretation Act1 to the making of regulations under the divorce law, the formulation of a Henry VIII clause empowering the Prime Minister to amend primary legislation through subsidiary law, the administrative law issue of continuing to task mediators with non-mediation functions, that is, to act as conciliators, the lack of a definition of key terms such as 'domicile' and 'ordinary residence' and, generally, the drafting style of the divorce law, dedicating particular attention to its very first provision. The author will argue that the divorce law could have been a better product from a legislative point of view if certain improvements suggested in this paper were incorporated therein. ; peer-reviewed
Multi-religious places of worship are a continuous phenomenon in the history of religions from Antiquity to the present day, despite all concrete differences. Analysing a very well-documented example from late Antiquity, Mamre (today Rāmat al-Khalīl) in Palestine (Hebron/al-Khalīl), this article discusses and refines the theoretical concept of "spiritual convergence" developed by Benjamin Z. Kedar. By applying differentiated analysis criteria recommended by Dorothea Weltecke, it also examines the influence of economic interests, political power, concepts of purity, and aspects of time, as well as symbolic and narrative interpretations of the place, in order to explain why spiritual convergence took place at this location for at least five hundred years. The thesis is put forward that it is not only the peripheral location or lower symbolic importance that favoured the side-by-side cult at Mamre, as Ora Limor stated. Even more important for the successful sharing of that holy place was the limit of festivals to one per year and the narrative and symbolism linking the place of Mamre with the virtue of philoxeny and hospitality. This enabled the religious authorities to tolerate and perhaps even promote multireligious coexistence—especially as this was to the economic benefit of the region and thus of all ethnic and religious groups. Based on the detailed case study on late antique Mamre, the article also inquires which methodological findings and questions can be applied to other shared holy places. The emphasis lies on the interplay between building activities, ritual performance, and symbolic interpretation in constructing and sharing holy spaces.
Multi-religious places of worship are a continuous phenomenon in the history of religions from Antiquity to the present day, despite all concrete differences. Analysing a very well-documented example from late Antiquity, Mamre (today Rāmat al-Khalīl) in Palestine (Hebron/al-Khalīl), this article discusses and refines the theoretical concept of "spiritual convergence" developed by Benjamin Z. Kedar. By applying differentiated analysis criteria recommended by Dorothea Weltecke, it also examines the influence of economic interests, political power, concepts of purity, and aspects of time, as well as symbolic and narrative interpretations of the place, in order to explain why spiritual convergence took place at this location for at least five hundred years. The thesis is put forward that it is not only the peripheral location or lower symbolic importance that favoured the side-by-side cult at Mamre, as Ora Limor stated. Even more important for the successful sharing of that holy place was the limit of festivals to one per year and the narrative and symbolism linking the place of Mamre with the virtue of philoxeny and hospitality. This enabled the religious authorities to tolerate and perhaps even promote multireligious coexistence—especially as this was to the economic benefit of the region and thus of all ethnic and religious groups. Based on the detailed case study on late antique Mamre, the article also inquires which methodological findings and questions can be applied to other shared holy places. The emphasis lies on the interplay between building activities, ritual performance, and symbolic interpretation in constructing and sharing holy spaces.
With an admirable purpose, a celebrity endorsement from Dame Helen Mirren, and unanimous support in Congress, the Holocaust Expropriated Art Recovery Act (HEAR Act), passed in late 2016, appears to be a rare legislative success. Its congressional momentum, however, belies the pitfalls that inhere in its text. The Act's nuanced and often ambiguous language raises many questions to be addressed in future litigation over restitution claims to Nazi-looted art. The HEAR Act was meant to address a perceived problem that legitimate claims to recover art looted by the Nazis were not being heard "on the merits" in U.S. courts, but were instead too frequently being dismissed as brought too late—in particular, blocked by courts' application of state statutes of limitations. And, at a minimum, disputes over the timeliness of claims to Nazi-looted art rendered litigation of such claims protracted and costlier. The Act sought to relieve claimants of these obstacles by instituting a nationwide six-year limitations period running from "actual knowledge" of the relevant facts. Despite its relatively short length, the HEAR Act brings a number of interpretive difficulties that will give rise to a new set of litigation hurdles for both claimants and possessors of artworks subject to claims. This Article is meant as a guide to courts and litigants in navigating key ambiguities and uncertainties in the statute. The Article discusses the Act in three parts. First, we briefly explain the context in which the Act was enacted: the history of United States and international efforts to return art lost during the Holocaust to rightful owners. Second, we describe the Act's consideration by Congress and its operative provisions. We finally discuss half a dozen instances in which the HEAR Act's language is unclear, ambiguous, or raises difficult issues about the application or scope of the statute. Several of these instances are ambiguities created by the text of the statute, which is often in tension with its legislative history; others reflect an apparent mismatch between the statutory language and the practical reality of litigation. Where possible, we suggest what we believe is the most plausible and compelling reading of problematic statutory language in light of the text, history, and purposes of the Act, as well as the realities of litigation over Nazi-era art restitution claims. Our concern with the uncertainties created by the Act's language is not theoretical. Litigants are already espousing conflicting interpretations of the Act's language on some of the points discussed below, and courts have already reached holdings at odds with the statute's language or legislative history (and sometimes both). All in, an Act meant to streamline claims to recover Nazi-looted art may well end up making such litigation costlier and more time-consuming for parties and courts as litigants argue for their preferred meaning of the Act's terms.
The purpose of this paper is to examine the application of the concept of justice based on the Qur'an's interpretation in the construction of the Indonesian legal system. This research paradigm was the form of constructive design with analytical descriptive research specifications. Approach method used juridical empirical approach, it was used to view social symptoms related to the law and practice of legislation in Indonesia The focus of the problem in this paper was the different treatment between general inmates and corruption inmates in services and facilities in the prisons. Even in just one correctional institution, there are differences in room facilities between one another despite the fact that there are corrupt prisoners. It means that there is an injustice of the officials or authorities in giving the rights to prisoners. From the results of the research and discussion, it can be concluded that: 1) based on the Qur'an's Interpretation, justice must be given to everyone without exception, including orders to be fair to the holders of power; 2) there are several components of the Indonesian legal system that still must be considered in the effort to uphold justice including the legal concept, the establishment of law, the form of law, and the application of the law. It is needed to revamp the intended system components, so that a system can run according to its purpose.
International audience ; Indicators of agricultural production diversity and market access and/or participation have often been used to try to understand how agricultural production and markets influence dietary diversity of rural smallholder households. Based on a standardized search strategy, 37 studies investigating the association between an indicator of agricultural production diversity and any indicator of dietary diversity were reviewed. The characteristics of the indicators of agricultural production diversity, as well as indicators of market access and/or participation, were assessed. This review demonstrated the wide range of indicators; four types and 14 subtypes of indicators of agricultural production diversity were found in the 37 studies, and three types and 14 subtypes of indicators of market access and/or participation were found in 25 studies. While diversity of measurement ideas allows flexibility, it precludes comparability with other studies and might make it difficult to build a robust body of evidence of the impact of agriculture at farm household level on food security, diet, and nutrition.
International audience ; Indicators of agricultural production diversity and market access and/or participation have often been used to try to understand how agricultural production and markets influence dietary diversity of rural smallholder households. Based on a standardized search strategy, 37 studies investigating the association between an indicator of agricultural production diversity and any indicator of dietary diversity were reviewed. The characteristics of the indicators of agricultural production diversity, as well as indicators of market access and/or participation, were assessed. This review demonstrated the wide range of indicators; four types and 14 subtypes of indicators of agricultural production diversity were found in the 37 studies, and three types and 14 subtypes of indicators of market access and/or participation were found in 25 studies. While diversity of measurement ideas allows flexibility, it precludes comparability with other studies and might make it difficult to build a robust body of evidence of the impact of agriculture at farm household level on food security, diet, and nutrition.
