Decisional capacity, Cartesianism, the CRPD and obfuscating paternalism: substituting ‘supported’ for ‘substitute’
Many proponents of the UN’s Convention on the Rights of Persons with Disabilities advocate for abolishing capacity law – a body of legislation that determines whether someone is capable of making a decision. They often claim that capacity law is ableist, internalist, individualist and intellectualist, and does not allow for the many ways that people can be supported by others and by their environments to make decisions. Instead, they advocate a rights-focused legal structure for providing people with support to make decisions. I critique their case, arguing that the myriad problems with the implementation of capacity law are not solved by abolishing capacity law in favour of a model of supported decision-making, or by abolishing ‘best interest’ substitute decision-making in favour of models that instead emphasise rights, will and preferences. Rather than avoiding the ableist reality of current medical practice, the proposed approach would simply deregulate, exacerbate and obfuscate that reality.
- Research Article
1
- 10.59066/jel.v1i1.10
- Jan 31, 2022
- Journal Evidence Of Law
All countries need a system of government to regulate the wheels of government. Indonesia as a democratic country that adheres to a presidential system, applies the Trias Politica concept as an effort to separate power into three branches, namely executive, legislative and judicial. The 1945 Constitution implicitly supports this concept by explaining each task and authority of the branch of power in different articles. The duties and authorities of the President as an executive body are regulated in Article 4 paragraph 1, Article 5 paragraph 2, and Article 20 paragraph 4. The DPR as a legislative body is clearly regulated in Articles 19 to 22. While the Supreme Court and the Constitutional Court as judicial branches are regulated in Article 24. This paper tries to unravel the pattern of political and legal relations in the policy of moving the State Capital from DKI Jakarta Province to East Kalimantan Province. The President as the executor of the Act certainly needs support from the DPR as the legislator in order to realize the implementation of the transfer of the new state capital. This is important because the stipulation and implementation of laws is supervised by the Supreme Court and the Constitutional Court as judicial institutions. The hope is that the administration of government can run according to the laws and regulations and the stability of the country is maintained This is important because the stipulation and implementation of laws is supervised by the Supreme Court and the Constitutional Court as judicial institutions. The hope is that the administration of government can run according to the laws and regulations and the stability of the country is maintained This is important because the stipulation and implementation of laws is supervised by the Supreme Court and the Constitutional Court as judicial institutions. The hope is that the administration of government can run according to the laws and regulations and the stability of the country is maintained.
- Research Article
38
- 10.1097/01.jam.0000129821.34622.a2
- Jul 1, 2004
- Journal of the American Medical Directors Association
Ten myths about decision-making capacity.
- Research Article
114
- 10.1016/j.jamda.2005.03.021
- May 1, 2005
- Journal of the American Medical Directors Association
Ten Myths About Decision-Making Capacity
- Research Article
1
- 10.1353/cat.2005.0125
- Jan 1, 2005
- The Catholic Historical Review
In early modern Europe, princes regularly convened representative institutions to obtain financial contributions. Some of these institutions, such as the Iberian Cortes, the English Parliament, or the French Estates General, were constitutional (i.e., they were sovereign representative bodies having their origin in the fundamental laws of the kingdom), while others, such as assemblies of the clergy or the Assembly of Notables, were extra-constitutional (i.e., they were not sovereign bodies and did not the kingdom but rather an estate or privileged group). In either case, rulers negotiated with representatives to determine the size of specific contributions and the period of payment. In turn, rulers generally made some concessions to these representatives. Once all the give and take was finished, princes dissolved the representative bodies and generally did not convene them again until the contribution just granted expired or a new contribution was necessary. Although these negotiations were often contentious, we should not automatically assume that kings and representative institutions were natural adversaries.1 More importantly, the fact that several years often passed between assemblies should not lead scholars to equate the infrequency of meetings to the demise of representative politics. Otherwise, scholarship will be limited by entrenched views about the decline of representative institutions in early modern Europe and the victory of the centralizing state.1 Such views suggest too narrow a sense of representation-one that many early modern Europeans would disagree with-and make the state into the political actor and not just one political actor among many (e.g., representative institutions, standing committees of representative bodies, cities, nobles, and clergy).1 To avoid these pitfalls, it might be best to examine how politics proceeded with and without formal meetings of representative institutions to understand the political developments in this period better.The state-building model, for example, does not explain why representatives themselves often opposed convening and how local institutions negotiated with the crown in lieu of an assembly. The Castilian kings clearly preferred negotiating directly with local institutions instead of national bodies, and, after 1666, most Castilians apparently preferred this method of negotiation as well.4 This shift from national to local institutions changed the form of constitutional and extra-constitutional interrelations in Castile, but it did not obviate the need for interlocutors between the crown and the people (whether nobles, corporate bodies, or cities).5 This paper focuses on how politics proceeded without formal meetings of representative institutions. Many representative bodies, such as the Iberian Cortes and the Bavarian parliament, established standing committees or permanent representatives at court.6 So even though they were not always in session, these representative institutions did not lack representation or the ability to safeguard their interests. Unfortunately, historians have often overlooked these permanent representatives and their role in the political process. To help fill in the gap in the historiography, I will examine the permanent representative or Procurator General of the Castilian Assembly of the Clergy. The office of Procurator General offers historians a new angle to examine the intertwining of politics, finance, and religion in early modern Castile. In particular, I will look at the creation of the position, the election of its holders, the duties of the Procurator General in Madrid, and his ability to represent the ecclesiastical estate. By the early sixteenth century, the Castilian Assembly of the Clergy had become an important political institution in Castile. It met almost as often as the Cortes (parliament), and it provided the crown with just over 6% of royal income (670,000 ducados out of a total annual income of 10,750,000 ducados in 1621). …
- Research Article
- 10.32936/pssj.v3i1.89
- Apr 26, 2019
- PRIZREN SOCIAL SCIENCE JOURNAL
State is society’s need for the existence of an organized power, equipped with the right equipments of coercion and able to run the society, by imposing the choices that seem reasonable to them, through legal norms. State is an organization of state power; it is an organized power which imposes its will to all the society and has a whole mechanism to execute this will. The state realizes its functions through power, which is a mechanism to accomplish its relevant functions. The power’s concept is a social concept, which can be understood only as a relation between two subjects, between two wills. Power is the ability to impose an order, a rule and other’s behavior in case that he doesn’t apply voluntary the relevant norm, respectively the right. Using state power is related to creation and application, respectively the implementation of law. To understand state power better, we have to start from its overall character. So, we notice that in practice we encounter different kinds of powers: the family’s one, the school’s one, the health’s one, the religion’s, culture’s etc. The notion of powers can be understood as a report between two subjects, two wills. Power is an order for other’s behavior. Every power is some kind of liability, dependence from others. In the legal aspect, supremacy of state presents the constitutive – legislative form upon the powers that follow after it. Supremacy, respectively the prevalence, is stronger upon other powers in its territory. For example we take the highest state body, the parliament as a legislative body, where all other powers that come after it, like the executive and court’s one, are dependable on state’s central power. We can’t avoid the carriage of state’s sovereignty in the competences of different international organizations. Republic, based on ratified agreements for certain cases can overstep state’s power on international organizations. The people legitimate power and its bodies, by giving their votes for a mandate of governance (people’s verdict). It is true that we understand people’s sovereignty only as a quality of people, where with the word people we understand the entirety of citizens that live in a state. The sovereignty’s case actualizes especially to prove people’s right for self-determination until the disconnection that can be seen as national – state sovereignty. National sovereignty is the right of a nation for self-determination. Sovereignty’s cease happens when the monopoly of physical strength ceases as well, and this monopoly is won by another organization. A state can be ceased with the voluntary union of two or more states in a mutual state, or a state can be ceased from a federative state, where federal units win their independence. In this context we have to do with former USSR’s units, separated in some independent states, like Czechoslovakia unit that was separated in two independent states: in Czech Republic and Slovakia. Former Yugoslavia was separated from eight federal units, today from these federal units seven of them have won their independence and their international recognition, and the Republic of Kosovo is one amongst them.
 Every state power’s activity has legal effect inside the borders of a certain territory and inside this territory the people come under the relevant state’s power. Territorial expansion of state power is three dimensional. The first dimension includes the land inside a state’s borders, the second dimension includes the airspace upon the land and the third dimension includes water space. The airspace upon inside territorial waters is also a power upon people and the power is not universal, meaning that it doesn’t include all mankind. State territory is the space that’s under state’s sovereignty. It is an essential element for its existence. According to the author Juaraj Andrassy, state territory lies in land and water space inside the borders, land and water under this space and the air upon it. Coastal waters and air are considered as parts that belong to land area, because in every case they share her destiny.
 Exceptionally, according to the international right or international treaties, it is possible that in one certain state’s territory another state’s power can be used. In this case we have to do with the extraterritoriality of state power. The state extraterritoriality’s institute is connected to the concept of another state’s territory, where we have to do with diplomatic representatives of a foreign country, where in the buildings of these diplomatic representatives, the power of the current state is not used. These buildings, according to the international right, the diplomatic right, have territorial immunity and the relevant host state bodies don’t have any power. Regarding to inviolability, respectively within this case, we have two groups to mention: the real immunity and the personal immunity, which are connected with the extraterritoriality’s institute.
 Key words: Independence, Sovereignty, Preponderance, Prevalence, Territorial Expansion.
- Research Article
- 10.2139/ssrn.2966320
- May 10, 2017
- SSRN Electronic Journal
State is society’s need for the existence of an organized power, equipped with the right equipments of coercion and able to run the society, by imposing the choices that seem reasonable to them, through legal norms. State is an organization of state power; it is an organized power which imposes its will to all the society and has a whole mechanism to execute this will. The state realizes its functions through power, which is a mechanism to accomplish its relevant functions. The power’s concept is a social concept, which can be understood only as a relation between two subjects, between two wills. Power is the ability to impose an order, a rule and other’s behavior in case that he doesn’t apply voluntary the relevant norm, respectively the right. Using state power is related to creation and application, respectively the implementation of law. To understand state power better, we have to start from its overall character. So, we notice that in practice we encounter different kinds of powers: the family’s one, the school’s one, the health’s one, the religion’s, culture’s etc. The notion of powers can be understood as a report between two subjects, two wills. Power is an order for other’s behavior. Every power is some kind of liability, dependence from others. In the legal aspect, supremacy of state presents the constitutive – legislative form upon the powers that follow after it. Supremacy, respectively the prevalence, is stronger upon other powers in its territory. For example, we take the highest state body, the parliament as a legislative body, where all other powers that come after it, like the executive and court’s one, are dependable on state’s central power. We can’t avoid the carriage of state’s sovereignty in the competences of different international organizations. Republic, based on ratified agreements for certain cases can overstep state’s power on international organizations. The people legitimate power and its bodies, by giving their votes for a mandate of governance (people’s verdict). It is true that we understand people’s sovereignty only as a quality of people, where with the word people we understand the entirety of citizens that live in a state. The sovereignty’s case actualizes especially to prove people’s right for self-determination until the disconnection that can be seen as national – state sovereignty. National sovereignty is the right of a nation for self-determination. Sovereignty’s cease happens when the monopoly of physical strength ceases as well, and this monopoly is won by another organization. A state can be ceased with the voluntary union of two or more states in a mutual state, or a state can be ceased from a federative state, where federal units win their independence. In this context we have to do with former USSR’s units, separated in some independent states, like Czechoslovakia unit that was separated in two independent states: in Czech Republic and Slovakia. Former Yugoslavia was separated from eight federal units, today from these federal units seven of them have won their independence and their international recognition, and the Republic of Kosovo is one amongst them. Every state power’s activity has legal effect inside the borders of a certain territory and inside this territory the people come under the relevant state’s power. Territorial expansion of state power is three dimensional. The first dimension includes the land inside a state’s borders, the second dimension includes the airspace upon the land and the third dimension includes water space. The airspace upon inside territorial waters is also a power upon people and the power is not universal, meaning that it doesn’t include all mankind. State territory is the space that’s under state’s sovereignty. It is an essential element for its existence. According to the author Juaraj Andrassy, state territory lies in land and water space inside the borders, land and water under this space and the air upon it. Coastal waters and air are considered as parts that belong to land area, because in every case they share her destiny. Exceptionally, according to the international right or international treaties, it is possible that in one certain state’s territory another state’s power can be used. In this case we have to do with the extraterritoriality of state power. The state extraterritoriality’s institute is connected to the concept of another state’s territory, where we have to do with diplomatic representatives of a foreign country, where in the buildings of these diplomatic representatives, the power of the current state is not used. These buildings, according to the international right, the diplomatic right, have territorial immunity and the relevant host state bodies don’t have any power. Regarding to inviolability, respectively within this case, we have two groups to mention: the real immunity and the personal immunity, which are connected with the extraterritoriality’s institute.
- Research Article
- 10.2139/ssrn.2374615
- Jan 7, 2014
- SSRN Electronic Journal
State is society’s need for the existence of an organized power, equipped with the right equipments of coercion and able to run the society, by imposing the choices that seem reasonable to them, through legal norms. State is an organization of state power; it is an organized power which imposes its will to all the society and has a whole mechanism to execute this will. The state realizes its functions through power, which is a mechanism to accomplish its relevant functions. The power’s concept is a social concept, which can be understood only as a relation between two subjects, between two wills. Power is the ability to impose an order, a rule and other’s behavior in case that he doesn’t apply voluntary the relevant norm, respectively the right. Using state power is related to creation and application, respectively the implementation of law. To understand state power better, we have to start from its overall character. So, we notice that in practice we encounter different kinds of powers: the family’s one, the school’s one, the health’s one, the religion’s, culture’s etc. The notion of powers can be understood as a report between two subjects, two wills. Power is an order for other’s behavior. Every power is some kind of liability, dependence from others. In the legal aspect, supremacy of state presents the constitutive – legislative form upon the powers that follow after it. Supremacy, respectively the prevalence, is stronger upon other powers in its territory. For example we take the highest state body, the parliament as a legislative body, where all other powers that come after it, like the executive and court’s one, are dependable on state’s central power. We can’t avoid the carriage of state’s sovereignty in the competences of different international organizations. Republic, based on ratified agreements for certain cases can overstep state’s power on international organizations. The people legitimate power and its bodies, by giving their votes for a mandate of governance (people’s verdict). It is true that we understand people’s sovereignty only as a quality of people, where with the word people we understand the entirety of citizens that live in a state. The sovereignty’s case actualizes especially to prove people’s right for self-determination until the disconnection that can be seen as national – state sovereignty. National sovereignty is the right of a nation for self-determination. Sovereignty’s cease happens when the monopoly of physical strength ceases as well, and this monopoly is won by another organization. A state can be ceased with the voluntary union of two or more states in a mutual state, or a state can be ceased from a federative state, where federal units win their independence. In this context we have to do with former USSR’s units, separated in some independent states, like Czechoslovakia unit that was separated in two independent states: in Czech Republic and Slovakia. Former Yugoslavia was separated from eight federal units, today from these federal units seven of them have won their independence and their international recognition, and the Republic of Kosovo is one amongst them.Every state power’s activity has legal effect inside the borders of a certain territory and inside this territory the people come under the relevant state’s power. Territorial expansion of state power is three dimensional. The first dimension includes the land inside a state’s borders, the second dimension includes the airspace upon the land and the third dimension includes water space. The airspace upon inside territorial waters is also a power upon people and the power is not universal, meaning that it doesn’t include all mankind. State territory is the space that’s under state’s sovereignty. It is an essential element for its existence. According to the author Juaraj Andrassy, state territory lies in land and water space inside the borders, land and water under this space and the air upon it. Coastal waters and air are considered as parts that belong to land area, because in every case they share her destiny.Exceptionally, according to the international right or international treaties, it is possible that in one certain state’s territory another state’s power can be used. In this case we have to do with the extraterritoriality of state power. The state extraterritoriality’s institute is connected to the concept of another state’s territory, where we have to do with diplomatic representatives of a foreign country, where in the buildings of these diplomatic representatives, the power of the current state is not used. These buildings, according to the international right, the diplomatic right, have territorial immunity and the relevant host state bodies don’t have any power. Regarding to inviolability, respectively within this case, we have two groups to mention: the real immunity and the personal immunity, which are connected with the extraterritoriality’s institute.
- Research Article
- 10.52259/historijskipogledi.2021.4.6.283
- Nov 15, 2021
- Historijski pogledi
In Bosnia and Herzegovina, the pluralization of society and the state began during 1990. This is the time when political parties are formed and the first multi-party parliamentary elections are held. Due to the strong influence and domination of the ethnic principle, political parties were formed in Bosnia and Herzegovina in 1990 in two basic forms: as ethnic or people's (national) parties, and as civic (multiethnic) parties. In almost all election cycles from the beginning of the pluralization of Bosnian society until today, ethnic political parties have won the elections. Ethnic political parties have appropriated a monopoly in the promotion of national interests since the 1990 election campaign, guided by the idea of protecting the national interests of “their“ peoples. The continued rule of ethnic parties without a coalition political agenda and agreement has strengthened ethnic pluralism in Bosnia and Herzegovina. Thus, instead of democratic decision-making and competition between the majority and the opposition, the representative bodies in Bosnia and Herzegovina have become an arena and a place of mutual competition and confrontation between the parties that make up the parliamentary majority. The lack of the necessary democratic consensus between the ruling ethnic political parties at the state level was compensated and compensated by the High Representative of the International Community (OHR), who, on the basis of the Bonn powers, promulgated certain laws. Hundreds of laws in Bosnia and Herzegovina have been promulgated by high representatives. This prevented blockages in the work of the Parliamentary Assembly of Bosnia and Herzegovina. In the absence of the necessary consensus of the ruling ethnic parties, it is not possible to develop or strengthen the power of parliaments as the highest representative body of the people and citizens of Bosnia and Herzegovina. Instead of parliamentary democracy, classical partitocracy is at work. The situation is similar at the entity level, and at the cantonal level in the Federation of Bosnia and Herzegovina entity. All this, along with heterogeneous and complicated decision-making procedures and processes, ultimately reflects on the adoption of laws and decisions of importance to society and the state. Complicated forms of decision-making and the existence of a famous mechanism for the protection of vital national interests are some of the obstacles to the development of the state and society. All of these are some of the essential problems, but also the controversies that follow the decision-making processes in the representative bodies in the country. This is especially true of the adoption of important and significant public policies aimed at solving socio-political problems. Only decision-making at the level of local self-government units (municipalities and cities) can serve as a positive example. In general, the local level of government has so far proved to be the most efficient level of government in Bosnia and Herzegovina. The basis for strengthening the democratic decision-making capacities of the representative bodies of the state of Bosnia and Herzegovina is contained in the application of the democratic principle on which parliamentary democracy is established and functions. Applying almost all basic and general scientific research methods, as well as the method of analysis (content) of relevant documentation as a method of data acquisition, will identify key problems and controversies of public decision-making and policy making in Bosnia and Herzegovina, in the period after the Dayton Peace Agreement. today. A conclusion will be drawn on the need to establish a parliamentary majority based on the coalition agreement and the political program of that coalition, which significantly affects the public decision-making processes and the adoption of the necessary state public policy. Bosnia and Herzegovina is required to reconstruct public decisions in the direction of strengthening state public decisions and policies and building European standards, in order to more efficiently compose them with the requirements and directives of the European Union.
- Research Article
- 10.26532/jph.v4i2.1745
- Aug 15, 2017
- Jurnal Pembaharuan Hukum
Abstrac tElections, both presidential / vice-presidential elections, legislative bodies both at the center and in the regions until the regional head is colored by money politics, as a way of winning a presidential, legislative body or regional head candidate. A democracy that should be able to choose qualified candidates for leaders, in the presence of dirty practices such as money politics, produces only a leader who is indifferent to the people and corrupt. Law enforcement of money politics continues to be pursued, both in terms of legal substance, legal structure, and legal culture. Progressive law is an alternative politics problem, with the courage of law enforcers in the police, prosecutors, judges and other related institutions to the imposition of criminal and administrative sanctions.
- Research Article
- 10.20884/1.jdh.2019.19.2.2546
- Dec 22, 2019
- Jurnal Dinamika Hukum
In Indonesia, decentralization and democratization have prompted the issue of women’s representation to be brought upon local and small-scale communities. One of the examples is the Indonesian Law No.6/2014 (the Village Act) in which the affirmative action for women’s participation is mandated in village’s representative body. Later, the same action is implemented in the urban counterpart to village’s rural that is Kelurahan, with the same Act –mutatis mutandis-. This article explores the implementation of Law No. 6/2014’s affirmative action to the kelurahan’s representative body, the Community Empowerment Institution or Lembaga Pemberdayaan Masyarakat Kelurahan (LPMK) in Salatiga. Acknowledging that there are fundamental differences between village and kelurahan, we found that such a maneuver has caused policy and practical inconsistencies where gender equality clause is omitted and the organization’s structure remains unreformed. Thus, it seems that the implementation of affirmative action for women participation in kelurahan’s politics has been withered before blooming.
- Research Article
56
- 10.1023/b:ejle.0000045078.39957.4d
- Sep 1, 2004
- European Journal of Law and Economics
Political actors and legislative bodies often invoke net present value calculations to support proposed legislative change. This paper explores the idea that adopting a law is like investing in a productive asset to identify possible misleading applications of net present value calculations. Investment involves incurring a present cost in the expectation of future benefits. Legal systems can be regarded as making investment decisions when incurring present lawmaking costs that will generate benefits over time. Lawmaking investments share, in varying degrees, three important attributes with other investment decisions. First, lawmaking costs cannot be recovered if the enacted rules prove to be ineffective or undesirable at a later time. That is, lawmaking investments are partially or completely irreversible. Second, there is often uncertainty over the future benefits of the legislation. Chosen rules may prove ineffective or changes in the social or economic circumstances may render them obsolete over time. Third, like any investment decision, timing is an issue for lawmakers to determine: lawmaking innovation or revision of current rules can be postponed. Often delays in such investment decisions come at a cost, given the forgone benefits of the investment in the immediate future. This paper focuses on the value of waiting in lawmaking, illustrating the interaction among the above factors in identifying the conditions that determine the optimal timing of legal intervention. The basic model is followed by two extensions. In the first extension, we allow for some learning and informational benefit from the immediate implementation of the new law. In a second extension, we allow for political time preference to affect the lawmaking choice.
- Research Article
- 10.24191/jcis.v10i2.6
- Jan 1, 2024
- Journal of Contemporary Islamic Studies
This study focuses on the enforcement of legislation in Malaysia, particularly the implementation of the witchcraft criminal laws. It examines the efforts made by the legislative bodies and the challenges faced in enforcing these laws. The issue of witchcraft is not a new concern that negatively affects the legal system in Malaysia, rather, it is intricately linked to the fundamental principle of justice among individuals. This study employs qualitative methodology to explore the prevailing concept of witchcraft crimes in Malaysia. It examines the relevant articles, scientific literature and judicial cases associated with the practice of witchcraft. Additionally, the study addresses the escalating issues surrounding witchcraft in Malaysian society, particularly among Muslims, which stem from the lack of specific legislation to penalise those who perpetrate and engage in witchcraft. This situation necessitates a legislative transformation to implement a specific statute addressing these criminal acts. Although numerous scholarly papers have explored the topic of witchcraft crimes, it is evident that prior studies have often overlooked the practical steps that courts can take to navigate the challenges in enforcing such laws. Therefore, this study proposes rational recommendations for judicial action in implementing witchcraft legislation.
- Research Article
- 10.30659/jdh.v6i3.32427
- Oct 21, 2023
- Jurnal Daulat Hukum
This study aims to identify and analyze the mechanism for implementing the oversight function of the Aceh Special Autonomy Fund (DOKA) of the Aceh People's Representative Council on the Government of Aceh and to determine and analyze the impact of oversight of the Aceh Special Autonomy Fund (DOKA) of the Aceh People's Representative Council on the Government of Aceh. The research method used is sociological juridical with statutory approach, conceptual approach and sociological approach based on descriptive analytical research specifications. Based on the results of the study it was concluded that First; The Regional People's Legislative Council is a Regional People's Representative Body and is domiciled as an element of regional government administration which has a supervisory function, namely carrying out supervision of the implementation of Regional Regulations and other Laws and Regulations, Regional Head regulations, APBD, regional government policies in implementing regional development programs, and international cooperation in the regions with the aim of such supervision is a form of preventive action against handling various deviations that endanger and detrimental to the rights and interests of the region, society and the state. Second; that in order to guarantee the implementation of a good government (good governance) supervision must be carried out by the Aceh People's Legislative Council as the implementation of the functions of the said institution. Supervision is a form of every effort and action in order to find out the extent to which tasks are carried out according to the provisions and targets to be achieved. The ultimate goal of supervision is to achieve results in accordance with a predetermined plan. Oversight from the Aceh People's Legislative Assembly which starts from discussing the budget to submitting accountability reports from the Government of Aceh (Governor) is not very effective considering that these two institutions have many interests in them.
- Research Article
- 10.33663/2524-017x-2025-16-148-154
- Apr 11, 2025
- Alʹmanah prava
The article highlights the problems of the formation of the modern theory of law implementation, in particular, regarding its nature, demarcation with law enforcement, achieving the goal, and the possibility of revealing the real state at this stage of law regulation. For this purpose, scientific sources, official documents (sources of international law and the legislation of Ukraine), and law enforcement acts were analyzed. This made it possible to form an idea of the state of scientific knowledge of law implementation and create an empirical basis for a general theoretical analysis and the formation of updated provisions of the theory of law implementation. It is stated that it is important to form a clear position on the distinction between law enforcement and law implementation as independent phenomena that reflect relatively separate stages of legal regulation: law enforcement is an activity that creates conditions for law implementation, and law implementation is lawful behavior designed to ensure the implementation of the interests of participants in social relations through the exercise of their rights and obligations. Therefore, law enforcement is the activity of authorized (competent) subjects of law, and law implementation is the activity of personified subjects of law; law enforcement is a type of l law activity, and law implementation is lawful behavior; law enforcement is aimed at creating conditions (legal facts) for law implementation, while law implementation is aimed at exercising rights and obligations, satisfying relevant interests; law enforcement is generally aimed at the formation of individual legal prescriptions that determine the future lawful behavior of subjects, and law implementation is the implementation of lawful behavior in a specific life situation, that is, in the process of implementing law relations. The definition of the concept of law implementation is specified as the lawful behavior of subjects of law (individuals and legal entities), which occurs in law relations through the exercise of their rights and obligations. The emphasis is on the need to reveal the real state of the subjects’ exercise of their rights and obligations, the achievement of legal consequences and the goal — ensuring the interests of participants in social relations. For this purpose, it is proposed to form monitoring programs that would reveal the state of law implementation, the ability of subjects to ensure their interests. It is important to analyze the holistic process of legal regulation of social relations in terms of ensuring proper conditions for law implementation through appropriate law-making, law-enforcement, law-interpreting activities and other means of achieving the goal of l law implementation and the goal of law regulation in general. Key words: law implementation, law enforcement, law implementation practice, law regulation, lawful behavior.
- Research Article
- 10.18502/kss.v7i15.12119
- Oct 4, 2022
- KnE Social Sciences
Political parties are part of the embodiment of democracy. In the political context, its existence is very important as a liaison between a sovereign government and the people it leads. The Constitutional Court has the authority to dissolve political parties in Indonesia. So that there are 3 types of rulings in applying for the dissolution of a political party by the government to the Constitutional Court, one of which is that the application is granted. If the request is granted, in its decision the panel declares to dissolve and cancel the legal entity status of the political party. The implication is that the government removes these political parties from the list of political parties owned by the government. Furthermore, the dissolution of the political party has legal consequences, one of which is the vacancy of positions in the seats of representatives/legislators who are left behind. This study aims to examine the legal implications of the dissolution of political parties and the mechanism for filling vacancies in representative bodies. The method used is normative research using a statutory approach and a conceptual approach. The results of the study indicate that the legal implication of the dissolution of a political party is the existence of a vacancy in the representative body. Meanwhile, there is no comprehensive arrangement for overcoming the vacancies left by members of the legislature due to the dissolution of the political party.
 Keywords: legal construction, position vacancies, dissolution of political parties
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