Suchergebnisse

The book is aimed at examining the interface or interaction between European Union (EU) law and national law, in particular at assessing the delineation of competences between the EU and its member states regarding various policy areas. The book is intended not only to investigate the controversial aspects of the EU-national law relationship, but it should result into the presentation of recommendations for guiding the interface between EU and national rules in specific domains. Consequently, its objective is the production of guidelines for governing not yet clearly defined interactive correl

The formation of Indonesia's national legal system cannot be separated from the politics of law, because it is used as a guide in the process of making and enforcing the law to achieve a dream and national goal. The formation of the legal system in Indonesia has not gone well, Indonesia should have its own law. By having its own law, Indonesia will have national identity and will be seen as advanced by other countries. The formation of the national legal system in Indonesia is heavily influenced by external elements. It should maintain all the material sources of law that already exist in Indonesia. The objective of this study is to describe the formation of the national legal system in the State of Indonesia. This study uses a normative approach by using secondary data from library materials. The results of this study indicate that the formation of a national legal system is a process of developing a legal system and along with its element. With the development of the national legal system, it must be able to replace the Dutch colonial legal products with its own legal products. The development of the national legal system is a way to make changes in Indonesian legal products that must be in accordance with the values that are in people's lives. In the process of legal development, it is impossible to be separated from a legal politics.

Development of National Law in the Republic of Indonesia, in the post-reform era, experienced a pretty great struggle, due to the lack of strength and lack of comprehensiveness of the government's efforts to fight for smooth reform, characterized by various improper behaviors, which were not based on values contained in the precepts of the Pancasila. Based on this concern, an effort is needed to better understand the values that exist in the precepts of the Pancasila. These values actually exist in the life of Indonesian people which are divided into various ethnic cultures. The aim is to find out the various events that occur due to a lack of understanding of multiculturalism which causes justification for wrong behavior. Therefore, this multiculturalism understanding is positioned as a grand strategy in the realization of Pancasila, so that cultural understanding and interaction will support national law development. The research method uses a qualitative, descriptive analysis approach, which is carried out methodologically, sociologically, and historically. Data collection uses primary study in the form of literature and secondary studies in the form of various philosophers of state administration. Approaches from various aspects, such as philosophical aspects (philosophy approach), legislation (statute approach). Conclusions and implications of problems that occur in multicultural understanding and constitutional awareness.

This paper tries to describe an attempt to retrace sharia science position in national law development. As part of Islamic law and national legal subsystem application, the position of sharia science is very strategic and significant. The existence and position of shari'ah science is not solely lies in theoretical development through academic studies, but practically can coloring positive law formation. The sharia application is not only individual normative obligations, but also a collective obligation that involves academics, legal practitioners, and the government. Theoretically and practically, the position of sharia science in the formation of national legislation can be seen from three aspects which are: substance, structure, and culture.

The European Communities, with their sovereign rights in special areas, disrupt the trend toward exclusive territorial rights of the national states and, in this way, reflect a new development in international law.

This paper undertakes a praxiological study (practice based approach) of Muslim "religious tribunals", Shari'ā Councils and Muslim Arbitration Tribunals (MATs) not part of the UK law. Some Western scholars maintain that traditional shari'ā law is discriminatory on issues of gender equality, in particular, with reference to Muslim family law. It is important to examine the shift from the "true narratives" of the Qur'ānic Model (QM) to the "living practice"; co-construction of "true narratives" with the QM.This paper argues that discrimination can be eliminated through the QM by adopting the interpretive/hermeneutical approach. Praxiological/practice based approach (PBA) in this study has identified that discrimination does exist in the "living practice" of traditional shari'ā law.This study treats the Qur'ān-Sunnā as complementary sources to each other because this has important implications with reference to "wife beating" verse in the Qur'ān (Q.4:34). PBA enabled to identify the specifics of discrimination that occur. Thesecular-religious debate has been politically influenced, for example, inequality issue for women seeking advice from RTs. BaronessCox has introduced the Arbitration and Mediation (Equality) Services Bill (HL) 2014-15 that went through its first reading on 11 June 2014. The Bill addresses gender discrimination within Muslim religious tribunals and the parallel legal system.

The relations among legal practice and research, linguistics, logic, and electronic data retrieval were explored at last Fall's first National Conference on Law and Electronics, whose proceedings are summarized below. Included as general topics were "Electronics and the Administration of Justice," "The Language of the Machine and the Language of the Law," "Logic and Law," and "The Element of Predictability in Judicial Decision Making." Mr. Chasalow, a student at the UCLA School of Law, published a prior version of this article in the California State Bar Journal, Nov.-Dec. 1960.

Worldwide, 59.5 million people were displaced in 2014, 51 % of which were children under the age of 18. Officially, 34,400 asylum applications were submitted by unaccompanied minors. Due to their particular vulnerability, they pose a particular challenge for their host societies. The study describes the phenomenon of unaccompanied minors and compares the international, European and national standards of protection with the current situation and the legal practice in Austria, Canada, Hungary, Germany, Italy, Poland and the United States. In addition to the overall situation, the following topics are analysed: the application of the Convention on the Rights of the Child, special treatment as a minor, age determination, guardianship, residences status, asylum procedure, accommodation, youth services, livelihood support benefits, medical treatment, schooling, work permit and changes in the protection status when coming of age. Recent developments are identified, and conclusions are drawn regarding further improvements. The study makes an important contribution to highlighting the particular vulnerability of unaccompanied minors even in the face of the enormous challenges which the current refugee situation brings with it.