Decriminalisation of Adultery in Taiwan

The principle of equality before the courts is one of the most important guarantees of a fair trial in the judicial system, because equality is closely related to justice that cannot be achieved between litigants unless the judiciary is keen to apply this principle in terms of the application of the substantive and procedural legal rules to the case entertained, whereby all parties to the litigation have equal opportunities whenever their circumstances and their legal positions are being equal. In fact, we have seen that the Jordanian legislator deviated from this principle in certain cases for considerations related to the public interest. Yet, and among these cases if the state is an opponent in the case as its function and public policy require it to maintain the public interest. In fact, it has become clear to us that the legislator’s deviation in these cases as it is not considered a violation of the principle of equality between the litigants as long as there is no discrimination between the litigants on account of gender, religion, race, language or a distinction in rights and duties between opponents, and that the reason is regulatory and in order to achieve the public interest while his does not violate the principle of equality.

Purpose. The aim of the research is to solve the scientific task of doctrinal development of regulation of interests in family law, to determine the criteria for building a hierarchy of interests in family and family law, to investigate the relationship between private and public interests in family law and to consider issues of abuse of family interests. Methodology. Among the philosophical, general and special scientific methods used are such as: logical-semantic method for in-depth clarification of the criteria for the division of interests in family law, formal-logical and system-structural methods used in making judgments, analyzing the content of current family law. legislation on the basis of which the legal regulation of the construction of interest in family law. The scientific novelty is that the article improves the concept of independence of interest from subjective family law and the criteria for their delimitation, which is based on the approach that interest is a prerequisite for the emergence of subjective family law, in the absence of the right to demand appropriate behavior from others persons with no specific legal obligations. It is stated that the balance of interests of each individual family member is formed in accordance with the principle of equality, which is inherent in family law, taking into account the priority interests of individual family members (children, pregnant women, disabled, etc.). The hierarchy of interests in the family and their dynamic nature have been further developed.Attention is paid to the study of the category of "abuse of rights", as well as the impact of interest on it. Results. The author investigates the connection between public and private interests and, accordingly, the exclusion of the possibility of abuse of state interests in relation to the interests of other subjects of family law. When these interests collide, the priority of the interests of society can take place only if the interests of the individual are ensured, which is achieved by legislative establishment of maximum guarantees for citizens, which exclude the possibility of abuse of their rights. Practical significance. The results of the study can be used in lawmaking to improve legislation in the field of legal regulation of the category of interest; in the educational process - in the development of textbooks, teaching materials in the discipline "Family Law of Ukraine".

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order.
 
 KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations

This work aims to visualise the importance of a 'coordinated structure' in the contract of technology transfer that may accommodate the different interests among contractual parties and society to access patent products based on the principle of equity and justice. It shows two core problems which stem from the insufficiency of the patent regime and the failure of the doctrine of freedom of contract as the main legal framework in transferring technology. Therefore, this work elaborates some constitutive elements of fundamental rights, public interest and social functions as fundamental guidelines for the 'constitutionalising' the contract of technology transfer.

The countries of Middle East and North African (MENA) region have one of the highest average population growth rates in the world as well as scarce natural water supplies. This paper looks at the challenges of water management in the region by exploring various conceptual strands that have evolved in the discourses around water from an Islamic perspective. Islamic percepts allow the functioning of free and fair markets for water but governments need to intervene if the principles of equity and public interest are being contravened. Water Nepal Vol. Vol.9-10, No.1-2, 2003, pp.197-214

The special features of government contracts, such as the accession of these transactions and the prioritization of public interest over private interests, create a situation that undermines the principle of equality of the parties and their free will and weakens the private side of these contracts. The weaknesses on the private side of the contract are not always in the public interest, and exacerbating this situation can lead to a weakening of the private sector and ultimately to the general economy of countries. Therefore, lawyers and economists have come up with ways to protect it from the weak side of government contracts. The fruit of weak support in government transactions is to balance the benefits of executing and executing these contracts and thereby achieve public goals while strengthening and safeguarding the interests of the private sector. One of the most effective ways of supporting the weak side is to create a framework that compensates for non-compliance with the principle of equity in government transactions and provides grounds for fair private sector growth and development. The most important of these contexts are the implementation of the principles of transparency, competition and objective criteria in decision making. In this article, while outlining these principles in relation to government contracts, we will study the role of adherence to each of these principles in protecting the weak side in government contracts.

This article discusses the aftermath of the issuance of the work copyright law, which contains articles on broadcasting with the assumption that the migration from analog to digital technology will occur two years after it was enacted on October 5, 2020. The fundamental issue is more on how to implement this law. Change is talking about technology, adequate regulatory instruments, and a complete supporting infrastructure. Media policy in Indonesia has undergone several phases with many issues arising; the pattern of ownership, program content, to management. The local broadcasting media industry will feel the impact when the forced migration of this technology is not based on the principles of equity, justice, and sustainability. The challenge of digital broadcasting is the key to developing Indonesia's broadcast media in the future. Uncertainty in media regulations will impact the management of the broadcast media industry, so serious efforts are needed to create new regulations as derivatives of the work copyright law. Government regulations as derivatives are expected to accommodate industry and public interests.

ABSTRACTThe principle of equality and non-discrimination anchors this article's jurisprudential analysis of a Botswana High Court's case, in which non-citizen inmates of Botswana prisons were excluded from potent HIV treatment availed to citizen inmates. The case's judgment shows that there can be no ‘positive’ discrimination which is reasonably justifiable in a democratic society and/or in the public interest when prisoners are denied their right to health and right to life. The article argues that the judgment affirmed the human rights to life, freedom from inhuman treatment and freedom from discrimination by interpreting the right to life to entail the right to health. The article argues that the judgment is predicated upon the idea of human dignity and the principle of pro person interpretation of human rights provisions in constitutions. The article also emphasises the interplay between civil and political rights and socioeconomic rights, which is rooted in the principle of the universality, indivisibility, interrelatedness and interdependence of human rights. The article concludes as follows: human rights naturally involve human dignity; the principle of pro person and broad constitutional interpretation is imperative for human rights' protection; and, such interpretation is critical to the global fight against the HIV/AIDS pandemic.

The Spanish word equidad, or equity, has three accepted meanings. The first is equivalent to “justice.” In this usage, the understanding of equity is fairness. The concept uses the principle of equality as one of the dimensions of justice. The second meaning of equidad is when it is spoken of in terms of rules and criteria. This refers to norms that are meant to support the discretion of a judge or public functionary. In the third accepted meaning, the word equidad denotes an individualized rule. The first meaning is the most common and the one that is most relevant to conciliation. In a strictly legal description, the Constitutional Court of Colombia defined conciliation as “an institution, by virtue of which the public interest is pursued by means of negotiated solutions of a legal conflict between parties, with the intervention of a state official belonging to the judicial branch or administration of justice and particular exceptions” (Barrera 1999).KeywordsChild SupportRestorative JusticeLegal ProcessInnocent BystanderLabor DisputeThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

This article locates the conceptual foundations of corruption and human rights by examining the normative and definitional challenges of these terms. By focusing on socioeconomic rights and the principle of equality in access to public services, the paper demonstrates the implications of corruption for the realisation of human rights. It then examines how the thin and thick conceptions of the rule of law interact with corruption. The article further explores legal corruption and the mechanisms by which graft corrupts the law-making process and compromises the rule of law. At the same time, the paper studies the role of judicial activism in fighting institutionalised and legal corruption in Kenya. In conclusion, it maintains that public interest and human rights considerations should be central to the law-making and interpretation processes. To effectively deal with corruption, activist judges should pursue the ends of justice rather than the law in the case of conflict between the two.

Corruption and Human Rights: The Role of Judicial Activism in the 'Fight' Against Corruption

The question of what constitutes a ‘legitimate end’ for burdening the implied freedom of political communication has remained unclear and divisive for nearly two decades, in spite of the unanimity of the High Court in Lange v Australian Broadcasting Corporation (1997) 189 CLR 520. Until recently, the test for ‘legitimate ends’ appeared to require evaluation by the High Court of the ‘public interest’ that the impugned legislation was directed at. However, the ambiguous operation of ‘legitimacy testing’ has now been simultaneously clarified and problematised by the High Court in McCloy v New South Wales (2015) 257 CLR 178. In that case the High Court switched the focus of legitimacy testing from an impugned purpose’s effect on the ‘public interest’ to its effect on ‘representative government’. This article examines how the bare majority’s judgment in McCloy has both removed some confusion, but also laid the groundwork for continued uncertainty in other respects, and places the landmark decision in the wider context of legitimacy testing. In particular, questions remain concerning the continued role of public interest considerations and what constitutes ‘representative and responsible government prescribed by the Constitution’.

As a very fundamental principle of the 1945 Constitution, principle of equality and prohibition of discrimination does not only serve as the basic norm, but most importantly it also have functions as the source of morality for the constitution, as well as for the practices of politics, socio-economics and law in Indonesia. This article will pick and analyses significant and landmark decisions that made by the Constitutional Court of Indonesia in its 10 years existence related to principle of equality and prohibition of discrimination to understand how the Court interpreted the constitution and which principle that usually used by the Court in its practices. The result is based on its 10 years of experiences, The Constitutional Court of Indonesia have gave tremendous contribution for the protection of human rights and the advancement of democracy and nomocracy in Indonesia, especially for the establishment of the principle of equality and the prohibition of discrimination based on 1945 Constitution and the principle of proportionality.

The article is devoted to the disclosure of the constitutional and legal status of the administrative court in the judicial system of Ukraine. The tasks and place of the administrative court in the judicial system of Ukraine are determined. The opinion that the main purpose of administrative courts is prevention and effective resolution of conflicts between a person and the state is substantiated. It is argued that the activity of administrative courts is an important guarantee of harmonious relations in society as a whole, trust in the state and its institutions, as well as the progressive development of each person as a part of society and the prevention of the appearance of internal and external threats to such a society. The author outlines the purpose of the administrative court. It has been proven that the main purpose of administrative proceedings is to protect the violated right of the relevant person, to correct a possible mistake of the subject of power, to instruct the subject of power on the impossibility of committing such a mistake in the future. The peculiarities and advantages of administrative proceedings in comparison with economic and civil proceedings are clarified. It is substantiated that the main practical difference in the resolution of public-law disputes by administrative courts is the presumption of legality of a person's claims (putting the burden of proof on the subject of power) and the presumption of proof of the subject of power according to the standard «beyond reasonable doubt». The author defines the legal nature of the interrelationship between administrative courts and the Constitutional Court of Ukraine. It was found out that such interconnection is due to their special place in the system of institutional provision of the rule of law (rule of law), since these two types of judicial proceedings are designed to ensure the consistent nature of the entire legal system in the conditions of the coexistence of conflicting norms, thanks to which the effectiveness of the rule of law (rule of law) is achieved), i.e. its effectiveness. Key words: administrative court, public legal dispute, jurisdiction, access to court, effective protection, public (public) interests, national security, principles of equality and competition, discretion.

The formation of new subjects of land ownership in Ukraine undoubtedly requires the formation of a modern mechanism for legal support of such entities, coordination of their interests both among themselves and with state and self-governing institutions that ensure land protection and protection of land rights property. Therefore, at the present stage of reforming land ownership relations, the content of the principle of equality of subjects of land ownership acquires special significance. The presented work analyzes the relationship between land ownership of the Ukrainian people and other subjects of ownership, the results of which concluded that the principle of equality can not be applied to the Ukrainian people as a subject of land ownership because the ownership of the people applies to all lands within the state border of Ukraine. The article develops the provisions of scientific research that considers the right of ownership of the land of the Ukrainian people as a primary and absolute right that applies to all lands of Ukraine. The peculiarities of exercising the right of ownership within certain forms are also revealed, which differs in a number of key criteria: functional purpose, mechanism of acquisition and realization, order of termination. Therefore, it is concluded that the subjects of land ownership (certain legal forms) have a slightly different scope of rights in the exercise of certain powers, due to the different level of public and private interests. Considerable attention is paid to the equality of subjects of land ownership, which is realized through legal mechanisms of protection of property rights, and is reflected at the level of the Constitution of Ukraine on protection of rights of all subjects of property rights, inadmissibility of illegal deprivation of property Code of Ukraine, on non-interference of the state in the exercise of citizens, legal entities and territorial communities of their rights to own, use and dispose of land. Attention is paid to ensuring the right to protection of land, which applies equally to all subjects of land ownership.