Legislative Branches Research Articles

DESCRIMINALIZAÇÃO DE DROGAS: UMA ANÁLISE ENTRE AS COMPETÊNCIAS DO LEGISLATIVO E JUDICIÁRIO

Drug use is proven to be harmful, both physically and intellectually. Currently, drugs are the main social evil, linked to all types of crime. The methodology used was the literature reference, and the STF decisions of 2023 and 2024 on the issue. In this sense, the objective of this research/article is to develop a study on the decriminalization of marijuana possession and its legal, economic, moral, and public health consequences. To do this, initially a definition of competences is made from the perspective of doctrine and jurisprudence regarding the limits of powers to legislate. It also addresses the main aspects related to drug use and its consequences; And, finally, the positive and negative points within the legal, moral, social, economic and public health sphere of this decision. It is concluded that this is a matter that should be entirely up to congress to decide, and that the STF usurps the functions of the Legislative and Executive branches by giving its opinion on topics that would be the responsibility of the technical body ANVISA. Even because they are decisions with broad repercussions, which could have major consequences for society, including in the field of public security, crime, society in general and public health.

Formation and Development of the Armenian Lobbying Organizations in the USA: Historical Context

The United States has one of the most developed Armenian communities, which, since its formation, has strongly supported Armenia and Armenians by lobbying for Armenian interests within the US legislative and executive branches, both at local and federal levels. Lobbying is a vital part of the American political system, playing a decisive role in both domestic and foreign affairs. The significance of lobbying in US political processes, combined with the current political circumstances in Armenia, underscores the importance of studying ethnic lobbying. The article presents the historical context of the formation and development of the Armenian lobby in the US.

Modern legal problems of human health protection: from complex approaches to practical solutions

The article analyzes the state of social relations on the protection of human health by means of environmental and legal regulation as an important direction of the state environmental policy and policy in the field of health protection, the development of legal practice, the identification of shortcomings and gaps in the current legislation, as well as making proposals for its improvement in view of international legal and European approaches to the regulation of the specified relations. Obtaining ecologically significant information about the state of human health, carrying out other investigations within the framework of the study of its determinants will contribute to the development of the mechanism of legal regulation of relevant relations in Ukraine. The subject of the research is the provisions of environmental and other branches of legislation, as well as scientific-theoretical and practical ideas, views and approaches to solving legal problems of protecting human health and environmental protection, ensuring ecological, food, nutritional safety, developing the methodology of conducting scientific research in environmental and legal and other areas. The object of the research is social, environmental and other legal relations that arise in today’s conditions under the influence of military threats and the requirements of martial law, as well as social and legal prerequisites for the formation and development of determinants of health through the prism of the legal, in particular, environmental and legal mechanism. The effectiveness of environmental law is largely determined by the implementation of the main and most important goal - the direct protection of a person and his right to life and health in general. The global community’s fight against excessive environmental pollution, the development of rational use of natural resources, care for people and all of humanity are fundamental vectors of the development of international cooperation. In most of the developed countries of the world, solving the problem of ensuring environmental safety is assigned to the competence of specially created government institutions, which determine the appropriate directions of international cooperation, vectors of development. It is necessary to make it impossible to ignore the natural-scientific paradigm, according to which the environment that affects the human body is not only nature, but also everything that is outside the body. The attention of scientists should not be limited to the analysis of the consequences of a polluted environment, but should also be directed to the study and forecasting of changes in the environment that surrounds a person, the conditions of human existence and their impact on the health of a person as a biosocial being. The range of these changes is very wide - from innovations in the structure of nutrition to transformations of culture and ethics, development of legal culture, healthy lifestyle at the social and individual levels. Human health should be considered as a complex socio­economic, ecological and hygienic indicator that integrates demographic, social and biological processes characteristic of human society, reflects the level of its economic and cultural development, the state of medical care, bears the imprint of historical and ethnographic traditions and natural and climatic changes. Along with the culture of work, life, thinking, behavior, communication, adaptive culture, today it is proposed to highlight the culture of health, which in fact determines the further development of all types of cultures and should become a prerequisite for the formation of a person as a complete individual, covering all aspects of life. Preserving the health of the nation is a social necessity today. The process of forming an ecological culture through a system of educational activity measures, in addition to direct ecological culture, also covers the formation of a culture of a healthy lifestyle, hygienic skills, a caring attitude towards the environment, etc. It is equally important to ensure a balanced and safe diet for the entire population. Considering the complexity of the specified problem, it is necessary to involve specialists of various specialties in this work. The set tasks actualize the issue of researching the content of the concept of «human health» defined by the Law of Ukraine «On the Public Health System». The term «ecological determinants of health» as the level of pollution of the natural environment (locality) where a person lives: the level of pollution of surface and underground water, land plots, atmospheric air, etc., needs legislative consolidation.

О возможности признания публично-правовых образований и лиц, выступающих по их специальному поручению, контролирующими должника и привлечении их к субсидиарной ответственности

One of the central legal concepts of insolvency (bankruptcy) as a complex branch of legislation in Russia is the so-called “controlling debtor”, which appears in disputes on bringing to subsidiary liability in bankruptcy proceedings. Traditionally, legal science and judicial practice consider as such individuals and legal entities that may determine the debtor’s behavior by virtue of legal or actual affiliation with the debtor. However, public-law entities and persons acting on their special instructions in the debtor’s management bodies escape from the field of view of doctrine and practice. In this connection, the authors in this article analyze the possibility of bringing public-law entities and persons acting on their special instructions to subsidiary liability within the framework of the Federal Law “On Insolvency (Bankruptcy)”. In the course of the study, the authors come to the conclusion that it is necessary to distinguish between subsidiary liability of public legal entities and persons acting on special instructions in the debtor’s management bodies. on special assignment in the debtor’s management bodies. In addition, the authors give a negative assessment of the possibility of bringing to subsidiary liability persons acting in the management bodies of the debtor by special order and on behalf of publiclaw entities, since there is no guilt - one of the mandatory elements of the offense. The relevance of the article consists in revealing the peculiarities of bringing to subsidiary liability of persons acting on special assignment on behalf of public-law entities.

THE IMPACT OF THE TRANSFER, APPOINTMENT, AND DISMISSAL OF JUDGES ON JUDICIAL INDEPENDENCE IN LIGHT OF THE 2020 CONSTITUTIONAL AMENDMENT

Objective: The aim is to highlight the important role of the Supreme Judicial Council in the transfer, appointment, and dismissal of judges, particularly after the adoption of the justice sector modernization plan in Algeria. Additionally, it seeks to contribute to the strengthening of the Supreme Judicial Council through the 2020 constitutional amendment and its effectiveness. Theoretical Framework: The study is based on the field of appointing, transferring, promoting, and dismissing judges, which falls under the jurisdiction of the Supreme Judicial Council according to the 2020 constitutional amendment. It also examines the council's authority in supervising judicial discipline, which entails criminal, civil, and disciplinary responsibility as stipulated in the organic law and the 2020 Constitution. Method: The objective analytical method was used, as the subject of this study is derived from legal texts and their analysis. Results and Discussion: The Supreme Judicial Council in Algeria continuously reviews its composition and institutions to adapt to the requirements of the constitution and the law. Its independence limits interference from any authority, including the legislative or executive branches, in the judiciary's professional path. This applies to the appointment, transfer, promotion, and dismissal of judges, and also encompasses all matters related to judges. Research Implications: The results indicate that the 2020 Constitution has made the Supreme Judicial Council more adaptable to current developments and strengthened its independence, particularly in relation to the appointment, transfer, promotion, and dismissal of judges. However, it is necessary to ensure that the composition of the Supreme Judicial Council is exclusively comprised of members of the judiciary, and that the position of President of the Supreme Judicial Council is assigned to the Chief Justice of the Supreme Court to support guarantees. Originality/Value: This study serves as a contribution to the field of judicial independence through the appointment, transfer, promotion, and dismissal of judges. It enhances this specialization and supports independence by referring to the 2020 constitutional amendment. The study is limited and has not been deeply explored before, providing valuable insights into the Supreme Judicial Council's efforts to strengthen judicial independence in light of the 2020 Constitution.

THE REALITY OF PARALLEL TRADE IN CRIMINAL LEGAL TEXTS

Objective: The aim is to highlight the important role of the Supreme Judicial Council in the transfer, appointment, and dismissal of judges, particularly after the adoption of the justice sector modernization plan in Algeria. Additionally, it seeks to contribute to the strengthening of the Supreme Judicial Council through the 2020 constitutional amendment and its effectiveness. Theoretical Framework: The study is based on the field of appointing, transferring, promoting, and dismissing judges, which falls under the jurisdiction of the Supreme Judicial Council according to the 2020 constitutional amendment. It also examines the council's authority in supervising judicial discipline, which entails criminal, civil, and disciplinary responsibility as stipulated in the organic law and the 2020 Constitution. Method: The objective analytical method was used, as the subject of this study is derived from legal texts and their analysis. Results and Discussion: The Supreme Judicial Council in Algeria continuously reviews its composition and institutions to adapt to the requirements of the constitution and the law. Its independence limits interference from any authority, including the legislative or executive branches, in the judiciary's professional path. This applies to the appointment, transfer, promotion, and dismissal of judges, and also encompasses all matters related to judges. Research Implications: The results indicate that the 2020 Constitution has made the Supreme Judicial Council more adaptable to current developments and strengthened its independence, particularly in relation to the appointment, transfer, promotion, and dismissal of judges. However, it is necessary to ensure that the composition of the Supreme Judicial Council is exclusively comprised of members of the judiciary, and that the position of President of the Supreme Judicial Council is assigned to the Chief Justice of the Supreme Court to support guarantees. Originality/Value: This study serves as a contribution to the field of judicial independence through the appointment, transfer, promotion, and dismissal of judges. It enhances this specialization and supports independence by referring to the 2020 constitutional amendment. The study is limited and has not been deeply explored before, providing valuable insights into the Supreme Judicial Council's efforts to strengthen judicial independence in light of the 2020 Constitution.

PRESIDENTIAL IMPEACHMENT IN THE UNITED STATES OF AMERICA & THE REPUBLIC OF KOREA

Presidential impeachment serves as a constitutional mechanism to safeguard against executive overreach and uphold democratic principles such as the rule of law and separation of powers. This paper examines presidential impeachment processes and outcomes in the United States of America (USA) and the Republic of Korea (ROK), addressing the extent to which they reflect the principles of the rule of law. In the USA, impeachment rests within the legislative branch, with trials conducted by elected politicians, leading to minimal pres- idential accountability. Conversely, in the ROK, the impeachment process is overseen by an independent judiciary and demonstrates greater accountability, justness—through precedent-based decisions—and impartiality—reflecting democratic representation. The approach of the ROK, while more challenging to implement directly due to the structure of its parliamentary system, highlights ways in which the impeachment process in the USA could potentially be en- hanced, emphasising the importance of institutional independence in upholding the rule of law.

Reasons for the formation of a tax glossary due to the terms of other branches of legislation

Reasons for the formation of a tax glossary due to the terms of other branches of legislation

입법과 사법의 경계: 법률해석의 한계

What is the relationship between legislation and adjudication? Traditionally, it is believed that judges should simply apply the law to specific facts and render judgments accordingly. Montesquieu encapsulated this view by describing judges as "the mouthpieces of the law." In contrast, the Free Law Movement posits that judges are not strictly bound by the text of the law and have the freedom to discover or even create law as needed. Between these two extremes, there exists a range of perspectives on the relationship between legislative and judicial powers. This relationship is crucial because it defines the limits of legal interpretation, making it a central issue in judicial decision-making. This paper begins by exploring the objectives and methods of legal interpretation. It then examines how the Supreme Court of Korea, particularly through its en banc decisions, navigates the relationship between legislation and judicial precedent, or between legislative theory and interpretive theory. The Supreme Court cases discussed in this paper — covering topics such as the gender correction for transgender individuals, parental status of children born through artificial insemination, nominee trusts and unconscionable legal transactions, special limited approval for minor heirs, and judicial reduction of penalty clauses — all address challenging issues that sit at the intersection of legislation and adjudication. The judiciary is vested with the authority to interpret the law, determine its meaning, define its scope, and apply it to specific cases. However, this authority is not without limits. Judges must interpret laws in a manner that respects the legislative power to create laws and must avoid distorting, altering, or replacing the legislator' s decision that can be ascertained from relevant statutory text. This approach is consistent with the constitutional principles of separation of powers and the rule of law, which delineate the distinct roles of the legislative and judicial branches. A legislator's legislative decision cannot be overturned by a judge's judicial decision. Judges must also fulfill their constitutional duty to adjudicate independently according to their conscience (Article 103 of the Constitution of Republic of Korea). It is the judge's role to ascertain the just meaning of the law, grounded in the Constitution and statutes, and to apply it to individual cases. When interpreting and applying laws, judges must confront the critical question of whether to prioritize the intent of the legislature, adhere strictly to the text of the law, or pursue the broader objectives of the law. This question forms both the starting and ending points of legal interpretation and influences views on the boundary between legislative and judicial functions. Whether there has been a legislative decision is a question of the boundaries of statutory interpretation. Legislative solutions, within the constitutional framework, offer the advantage of providing comprehensive resolutions and selecting the best option among various alternatives. However, it is not always possible or appropriate to defer to legislative solutions. The judiciary must, therefore, seek the optimal resolution within the boundaries established by the Constitution and statutes, guided by judicial conscience.

The Role of Judicial Activism in the Enforcement of Human Rights in Pakistan and its Impacts on Governance in Pakistan

This study examines how judicial activism impacts governance in Pakistan after the lawyer's movement with a focus on its effect on human rights, the rule of law, and accountability. The study uses mixed techniques to examine Supreme Court decisions and interventions that demonstrate the judiciary's role in protecting civil liberties and checking executive powers. Apex Court's activism on extrajudicial killings forced disappearances, and gender discrimination has advanced human rights, according to the findings. The research also shows how the judiciary has strengthened the rule of law by upholding and enforcing legal principles fairly, boosting public faith in legal institutions. The research also notes that alleged judicial overreach has caused problems between the legislative and executive branches due to the courts' wide interpretations of their authority. This detailed analysis highlights the delicate balance between judicial interventions and democratic government.

Master planning ‘as a verb’: enforcing participatory planning through the Brazilian courts

ABSTRACT Brazil is well-known for participatory planning praxis anchored on the right to the city and federal legislation. Yet little is known about how the right to participation materializes through the courts. Focusing on the right to participation beyond legislative and executive branches, we analyze jurisprudence on participatory planning through decisions in two state courts of appeal. We illustrate higher court magistrates’ awareness about the right to participate despite disregard of procedural participation in other instances. Seeing master planning ‘as a verb’, the contentious meaning of participation in the judiciary is intertwined with the standing of master plans in city governance.

Separation of powers theory: problems and perspectives

The article is devoted to the problems and perspectives of the theory of separation of powers. The general aspects of the theory of separation of powers are outlined. The authors say that the multiplicity of types of power and types of social norms and factors, that ensure them, shows that separation is inherent to the phenomenon of power. It was noted that the issue of separation of powers has an important theoretical and practical significance and is closely related to the classification of political regimes into totalitarian, authoritarian, democratic and liberal. It was emphasized that, contrary to the established stereotype, the separation of powers, in certain forms, existed long before the epoch of Ch.L. de Montesquieu. It is noted that the ideas of separation of powers long before J. Locke and Ch.L. de Montesquieu was also expressed by Aristotle and Marsilius of Padua. It was substantiated that, in fact, the separation of powers has existed in some forms since the very beginnings of statehood. So, the theory of the separation of powers does not arise, but is only actualized in the XVII-XVIII centuries in connection with the struggle of the bourgeoisie against absolutism and feudal-clerical orders. It was noted that existence of the separation of powers for a long time before the period of the bourgeois society says that the separation of powers, as such, does not protect society from slavery and serfdom, arbitrariness and tyranny, inquisition and oppression, but, on the contrary, can increase the number of tyrants, independent of each other. The authors say that the separation of powers into the legislative, executive and judicial branches does not protect society from tyranny and usurpation of power by one party, while the incompleteness of the separation of powers (in particular, in the countries of the Anglo-Saxon legal family) does not turn the state into a tyranny. The authors pay attention to the critical view on the separation of powers in the works of J. Bodin, T. Hobbes, G.F. Szerszeniewicz, who say that the real separation of powers is dangerous to the unity of the state. It was emphasized that the theory of separation of powers contradicts the basic characteristics of the state sovereignty, defined by J. Bodin, because if the power is limited and separated into several branches, then it cannot be unified, supreme, absolute and permanent. The historical experience of different riots, rebellions and civil wars, that confirms the validity of the mentioned concerns, was provided. It was noted that the separation of powers in the state can have only a functional nature. It was noted that excessive separation of powers can paralyze state management or significantly complicate the system of state authorities and intensify the struggle between them, which will contribute to the establishment of a dictatorship. The authors support the position of G.F. Szerszeniewicz that the «legal self-limitation of the state» is a fiction and indicate that, theoretically, the limitation of the state by law is most likely in the states of the Anglo-Saxon, religious or traditional legal family, where the legislation, created by the state, is not the main source of law. Following B. Constant, it was stated that, in fact, the number of branches of power in the state is much greater than 3, and it was noted that, in particular, in modern Ukraine, we can talk about 9 branches of government, which creates the need to rethink the classical postulates of the theory of the separation of powers and the mechanism of checks and balances, as well as the necessity of expansion and addition of the typology of political regimes, etc.

Reckoning with COVID-19 denial: Brazil's exemplary model for global response.

In the aftermath of the coronavirus disease 2019 (COVID-19) pandemic in Brazil, accountability is crucial for those who denied the severity of the virus, spreading false information and causing harm. Some individuals have already faced legal proceedings against them, revealing economic motivations behind their actions. It is equally important to hold doctors accountable for prescribing ineffective treatments, putting the population at risk. The leaders of the denial movement and the federal government, who mishandled the pandemic, should be held accountable for the high death toll. Seeking justice from the legislative and executive branches is necessary, along with exemplary measures for those who spread misinformation about COVID-19.

State Policy Strategies for the Workforce Emergency in Behavioral Health.

The United States is experiencing a behavioral health workforce emergency of unparalleled magnitude. After decades of inaction, selected states have launched significant efforts to strengthen the mental health and substance use disorder workforce. Seven state policy strategies in frequent use for addressing the current emergency are described, with examples for each. Links to more than 140 additional examples are also provided. States can draw on these strategies as they consider actions to strengthen their behavioral health workforce. There is a compelling need to act quickly while executive and legislative branches have a strong interest in solving this problem and federal support to the states is abundant.

Constitutional Reform of the Judiciary in Nepal: Achievements, Disappointments and Emerging Issues

Nepal’s seventy years of constitutional reform, aimed at fully separating powers between state institutions, began with optimism. These reforms primarily intended to transform the judiciary by incorporating the principle of separation of powers and empowering it to function independently from the executive and legislative branches. Over the past seven decades, Nepal has adopted six constitutions and is now implementing the seventh. However, the country's judicial history is marked by both accomplishments and disappointments. While successive constitutions express a commitment to the separation of powers and judicial independence, a practical realization has lagged, partly due to the absence of these principles as priorities in popular movements. Additionally, there appears to be a historical habit and discipline in Nepal that resists change through constitutional democracy. Systems for judicial review, along with institutional and strategic reforms to enhance the judiciary's performance, present a promising narrative of reform. Yet, the systematic assault on judicial independence, the institutionalized vulnerability of the judicial system, and the declining state of public access and trust reveal a more troubling story of judicial upheavals. The constitutional discourse in Nepal can be seen as a series of experiments. While these reforms have rhetorically committed to an independent judiciary, in practice, the constitutional provisions have lacked clarity and force, leaving the judiciary at a crossroads.

The Origins of a Fiscal Outlier: The Abandonment of a Federal VAT in the Nixon Presidency

Abstract Richard Nixon was the first president who examined the possibility of introducing a value-added tax (VAT) at the federal level in the late twentieth century. By 1970, his administration had considered recommending it alongside other domestic programs to overcome the criticism against the VAT’s regressivity, potential conflict in the federal–state tax authority, and the fragmented decision-making authority between the executive and legislative branches of the government. However, in 1971, the Nixon administration shifted their policy priority toward gaining the middle-class political support by linking local property tax relief to a federal VAT. Although they combined the two measures with a rebate to obtain consent to and confidence in them from the “opponents” among the “internalists” of policymaking and societal actors, their attempt failed to accomplish it. As a result, Nixon abandoned the federal VAT. This abandonment was a missed opportunity to introduce a federal VAT, leading the United States to become a fiscal outlier among Organisation for Economic Co-operation and Development (OECD) countries: it has not yet implemented a national/federal VAT. Furthermore, this outcome marked the origin of certain historical characteristics of the American fiscal state: the use of tax expenditures, “fend-for-yourself federalism,” weak extractive capacity, and fiscal inflexibility.

A Democracy-Friendly Theory of the Rule of Law

The dominant way of thinking about the rule of law is that it is a constraint, a limit, on government. On this view the limitation applies with full force to all forms of government, democratic and undemocratic, and to both the executive and the legislative branches. The privileged institution for enforcing those limits is the courts. Democracy and the rule of law are, in effect, portrayed as though they were in opposition to one another. That, I claim, is a mistake (a) historically (for, in the Anglo-American tradition, the rule of law developed first as a restriction on an undemocratic executive, with a less undemocratic Parliament acting in concert with the courts to institute the rule of law); (b) in principle (for there is a strong argument that democracy needs the rule of law for its fullest expression, and the rule of law needs democracy); and (c) strategically (because it hinders us from mobilizing our full resources to protect both principles; this paper began its life as a response to populist movements, many of which, wrongly, are conceded to be democratic). In this paper I make that case, especially focusing upon its most controversial claim, namely that the rule of law needs democracy. This paper forms part of a larger project on democratic constitutionalism in which I reconsider key concepts in constitutionalism in a manner that takes democratic decision-making to be fundamental to contemporary constitutionalism.

Can legislative majorities shape budgets? A comparative analysis of presidential systems in Latin America

AbstractIn separation of powers systems, in theory, legislative and executive branches must concur for policies to be enacted. However, empirical research, especially on Latin American cases, suggests that rather than reaching a compromise, it is common for the executive to make unilateral decisions, leaving the legislature marginalized in the policymaking process. Contrary to this trend, I argue that understanding important policy choices, including the national budget, requires considering the formal powers assigned to the president and the assembly, in interaction with their ideological divergence. Examining 12 presidential democracies for the past 20 years, I investigate the legislative majority's success in determining government expenditures under various policymaking institutions. I identify a number of institutional scenarios where legislative majorities are highly likely to succeed, while in other configurations, their success depends on their ideological divergence from the president.

Restrictions of internet access in Turkey: legislation, methods and practice

The opportunities presented by the internet expand certain rights while also leading to the violation of others. States are obligated to establish cybersecurity for their citizens and protect personal rights against various infringements. However, this rationale can sometimes be used to obscure digital authoritarianism. Therefore, the age-old dilemma of balancing freedom and security is at the heart of internet law. It is inevitable that methods such as internet access restrictions, which every state resorts to, must be evaluated comprehensively in their legal, technical, and practical dimensions to enable more accurate analysis of national practices. This study analyzes the justifications for internet restrictions in Turkey compared with their implementation. Contrary to what is envisaged by legal regulations, it has been found that precautionary measures are mostly issued by administrative authorities. There is inconsistency between lower and upper judicial authorities, and judicial decisions are rendered ineffective by the legislative branch. The methods of restriction are applied ambiguously. Some regulations deviate from the legislative intent, while others are rendered ineffective by the administration. To solve structural problems, action is needed from the legislative body, and addressing implementation issues requires a more fundamental paradigm shift.

Regulatory and legal regulation of financing the activities of forensic institutions in the Russian Federation

The authors of the article, based on a comparative legal analysis of the system of sources of legal regulation of financing of forensic institutions, as well as domestic scientific literature, propose to “transfer: the signs of the system to the concept of a mechanism. Within the framework of the system analysis carried out, the authors of the article proceed from the definition of the system of financial and legal mechanisms for ensuring forensic expert activity as an object of public administration, which is a legal relationship regulated by the norms of law to achieve the set goals and objectives, the use of methods, tools and rules having monetary, organizational, accounting and control content. The article substantiates the need for an integrative approach to the definition of a system of financial and legal mechanisms for ensuring judicial expert activity as a single system subject to legal regulation. The authors propose to define the mechanism of financial support for the activities of a forensic expert institution/organization as a system of education from the norms and institutions of national law contained not only in regulatory legal acts relating to various branches of legislation, but also local acts of state and non-state institutions and organizations; legal and technical documents, among which should be mentioned instructional letters, regulations, methodological recommendations, technical standards, GOST standards, etc., as well as contracts of normative content that ensure international cooperation on forensic activities.