Connecticut Research Articles

The Antinomy of Emergency and Its Repetitions in India

This article will demonstrate how a constitutive tension between the sovereign decision on the state of exception and the norm structured by the rule of law has not just animated legal discourse in the colonial period in India, as exhaustively demonstrated by Nasser Hussain, but has also affected the making of the Indian Constitution, exacerbated by the crisis of partition. This antinomy, on closer inspection, is antinomic merely in form and appearance, for the exception, although understood as outside, and against, the norm, is also lodged deep within it. This article will delineate how a constitutive state of exception structured the exception as the norm and encoded it within the rule of law.

Institute of Temporary Ruling in Administrative Court Proceedings, Practice of Common Courts and Comparative Legal Analysis with the Legislation of Other Countries

One of the fundamental goals of the legal state is the unwavering protection of basic human rights, among them, legal security and the guarantee of judicial protection of the rights. The preventive remedies of protection of a person’s Right in administrative court proceedings, as well as in generally Administrative Law, it is to give a special importance as the result of which the legal relationship arising between the physical person and administrative body based on Administrative Legislation is regulated and in turn, it is a guarantee of the protection of the plaintiff’s right for the implementation of an effective justice in the future. The problem of Delayed justice, which has a negative impact in economic, political and social perspective, an ‘’immediate react’’ need to be found in response.[1] The first part of article 31 of the Constitution of Georgia provides a person with the right to apply to the court for the protection of his rights, as well as the right for the fair and timely adjudication of the case. [2] The present paper examines the peculiarities of one of the measures of preventive protection of the right – The Institution of Temporary Ruling and the prerequisites for its use by the common court, as well as the current legal reality in terms of judicial practice. The paper also presents the research of the Institute of Temporary Ruling from a comparative legal point of view on the examples of Germany, France, Estonia and the United States of America. The paper analyzes mechanisms of legislative regulation in above mentioned countries and the approaches established in the theory regarding the Institution of Temporary Ruling. [1] Sierra de la S., Provisional Court Protection in Administrative Disputes in Europe: The Constitutional Status of Interim Measures Deriving from The Right to Effective Court Protection. A Comparative Approach, European Law Journal, [Vol 10]1, 2004, 42. [2] The first part of article 31 of the Constitution of Georgia, The Legislative Herald of Georgia, 24.08.1995, (in Georgian).

The Role of the President of Georgia in the Appointment and Dismissal of the Ambassadors of Georgia and the Heads of the Diplomatic Representations

The field of foreign relations has been subject to dispute between the President and the Government of Georgia since 2013. Apart from the representation power and conclusion of the international treaties, the matter of appointment and dismissal of the ambassadors and heads of the diplomatic representations has been subject to controversies followed by the constitutional claims dated 16 August 2022 and 10 June 2022 submitted by the Government against the President of Georgia.[1] In particular, for the first time in the history of Georgia, the matter of the constitutionality of the President’s inaction in appointment and dismissal of the ambassadors and the heads of the diplomatic representations has been made subject to the discussion of the Constitutional Court of Georgia.[2] However, the Government of Georgia revoked its constitutional claims on unknown grounds[3], therefore, the Court was deprived of the possibility to hear and consider the said constitutional claims. Deriving from the above mentioned, the present work discusses the constitutional status of the President of Georgia and the role granted to the President in relation to the appointment and dismissal of the ambassadors and the heads of the diplomatic representations. [1] The constitutional claim of the Government of Georgia against the President of Georgia, dated 10 June 2022, N1711. [2] The constitutional claim of the Government of Georgia against the President of Georgia, dated 16 August 2022, N1723. [3] See the Orders of the Constitutional Court dated 03 February 2022 N3/1/1711 and N3/2/1723.

Metode penelitian

The Indonesian nation since the 1945 Constitution was established as the Constitution of the Indonesian state. In its development, this agreement has transformed into a common ideal which is also usually called state philosophy or staatsidee (state ideals). In the concept of democracy, it contains the principles of popular sovereignty (democratie) while in the concept of the rule of law, it contains the principles of the rule of law (nomocratie). Law enforcement mechanisms must also be able to protect the rights of citizens from injustice with the principles of humanity and mutual respect for the continuity of existing laws. This becomes an integral part of the legal system with law enforcement authorities. Indonesia as a democratic rule of law country, adheres to the sovereignty of the people as well as the rule of law.search for research titles and abstracts is made easier by those key words.

SHARIAH’S POSITION IN AFGHAN 2004 CONSTITUTION: A LEGAL ANALYSIS

The legal position of Shariah in the 2004 Afghan constitution has been considerably debated due to the full involvement of the international community in the constitution-making process. Though Article 3 of the 2004 constitution of Afghanistan states that “no law shall contravene the beliefs and principles of Islam”, considering this provision and others, the position of Shariah in the constitution seems ambiguous. Some legal experts at national and international levels consider the 2004 constitution to be one of the most Islamic constitutions, recognising the supremacy of Shariah. Contrary to this, some scholars think that a set of constitutional provisions predicate a limited applicability of Shariah by referring to Hanafi Fiqh as a gap-filling law in Article 130. Keeping this problem in mind, this research paper examines the supremacy of Shariah in light of all provisions in the 2004 constitution. It aims to outline the actual role of Shariah within the 2004 constitution by elaborating on the different concepts of Shariah and law in the Afghan legal system. The study which follows qualitative research methodology is conducted through major library research and an empirical study, employing comparative and analytical approaches per doctrinal and non-doctrinal methods. It exposes the conceptual and applied aspects of the legal provisions relating to the applicability of the Shariah in the 2004 constitution. The research generally relied on primary sources such as the constitution of Afghanistan and the Quran and Sunnah for the Shariah. The researcher considered the connection between the various constitutional provisions on Shariah in conjunction with the hierarchy of legal norms and found that Shariah has a weak position under the 2004 constitutional setup up as a judicial review attests. The 2004 constitution provides a limited applicability of Shariah in the sense that no law shall contravene the Shariah while at the same time, the term law does not include the constitution- itself and the term Shariah generally refers to Hanafi Fiqh as a subsidiary source of law. The constitutional provisions on Shariah are not amendable, as the 2004 constitution declares them irrevocable. To strengthen the position of Shariah, it is proposed that the primary step is to define the term law comprehensively to include the constitution. However, the best alternative is that Afghans enact a new constitution that provides the supremacy of Shariah.

Implementation and Consequences of the Rule of Law and Human Rights

Examining how Indonesia is implementing human rights under the 1945 Constitution is the aim of this journal. Human rights are basic freedoms that are innate to all people, eternal, and unalienable. No one, not even the state apparatus and government, is allowed to deny, curtail, or take away a person's human rights. Through a number of legal measures, the state has also guaranteed the protection of human rights, as stated in various sections of the 1945 Constitution. Indonesia is required to respect the principles of human rights as stated in the 1945 Constitution as a legitimate state. The purpose of the theory used is to describe the problem's quality and explanation using a qualitative method approach. According to the analysis, Indonesia's implementation of human rights is firmly based on the 1945 Constitution and the Rule of Law, which is consistent with the country's goals as a formal legal state and suggests that the state is dedicated to upholding human rights. The 1945 Constitution states that every person has the right to bodily and spiritual well-being in addition to human rights in the social, political, economic, cultural, educational, and religious spheres.

Comparative Analysis of Price Fixing in India and USA - An Overview

Abstract: The Preamble to the Indian Constitution states that- “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: Justice, social, economic and political. LIBERTY of thought, expression, belief, faith and worship. EQUALITY of status and of opportunity and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation. In Our Constituent Assembly this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.” It is a reflection of the core constitutional values and declares India to be a Sovereign, Socialist, Secular, Democratic, Republic committed to Justice, Equality and Liberty for the people. The objective of the Competition Act, 2002, also reflects the same core values as our Indian Constitution. It clearly states the following objectives:  to prevent practices having adverse effect on competition.  to promote and sustain competition in markets.  to protect the interests of consumers.  to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto. It is here to be noted that prior to the Competition Act, 2002, the Monopolies and Restrictive TradePractices (MRTP) Act, 1969, was the first piece of legislation to deal with antitrust law in India and to restraint the abuse of market power. However, at the wake of globalization, liberalization and privatization the MRTP Act, 1969 was considered as obsolete and was replaced by the Competition Act, 2002, on the recommendation of the Raghavan Committee. The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, or the MRTP Act, 1969, were however not the first piece of legislation to deal with the antitrust law globally nor did it first originate in India. The antitrust law was for the very first time developed in the United States in the late nineteenth C.E. In this paper we will be making a detailed comparison between USA and India with respect to Price Fixing, the related legislations and the agencies dealing with such issues in their respective jurisdiction

Promotion of Service Delivery in Terms of the Social Contract Theory in South Africa's Legal Framework

As is evident in the prevailing water and electricity rationing, South Africa is reeling from a crisis of poor service delivery. Against the background of its apartheid history and liberal constitution, this article examines how South Africa's legal framework promotes efficient service delivery in the context of a social contract theory. Using a literature review and content analysis of legislation, this article argues that basic service delivery is a human right that underlies the core function of the State regarding its social contract with citizens. The article critiques cooperative governance and the demarcation of service delivery duties between the spheres of government in the 1996 Constitution, the Municipal Structures Act, the Municipal Systems Act, and the Traditional Leadership and Governance Framework Act. It demonstrates how the legal framework places a heavy burden on the local government to provide basic amenities. By highlighting how a social contract informs the purpose of the constitutional State, the article demonstrates why service delivery must be taken seriously in a nation desperately in need of socio-economic transformation.

COLLECTIVE SUBJECTS IN AGRARIAN LAW FROM THE NEW LATIN AMERICAN CONSTITUTIONALISM

It is considered extremely important to outline some reflections on neoconstitutionalism and the new subjects of Agrarian Law, with the aim of verifying the distinctions that exist between these movements, as well as the basic concepts presented by the new Latin American constitutionalism. The type of research adopted was exploratory, with an explanatory character, and the procedure used was bibliographic and documentary research. The bibliographic data indicated the categories: “new Latin American constitutionalism: rupture with colonial values” and “the recognition of collective subjects in Latin American constitutions”. It was possible to understand that the new Latin American constitutionalism advocates a new autonomy and the composition of a plural, participatory and truly democratic (plurinational) State. The Constitutions of Latin America present a new form of the Constitutional State, in which the admission of new rights and subjects is provided for, through a change of panorama that moves towards plural, intercultural and environmentally responsible democracy.

Spatial and temporal distribution of Ixodes scapularis and tick-borne pathogens across the northeastern United States

BackgroundThe incidence of tick-borne diseases is increasing across the USA, with cases concentrated in the northeastern and midwestern regions of the country. Ixodes scapularis is one of the most important tick-borne disease vectors and has spread throughout the northeastern USA over the past four decades, with established populations in all states of the region.MethodsTo better understand the rapid expansion of I. scapularis and the pathogens they transmit, we aggregated and analyzed I. scapularis abundance and pathogen prevalence data from across the northeastern USA, including the states of Connecticut, Maine, New Hampshire, New York and Vermont, from 1989 to 2021. Maine was the only state to collect data during the entire time period, with the other states collecting data during a subset of this time period starting in 2008 or later. We harmonized I. scapularis abundance by county and tick season, where the nymph season is defined as May to September and the adult season is October to December, and calculated I. scapularis pathogen infection prevalence as the percentage of ticks that tested positive for Anaplasma phagocytophilum, Babesia microti, Borrelia burgdorferi, and Borrelia miyamotoi. We then explored temporal trends in I. scapularis abundance and pathogen prevalence data using linear models.ResultsThe resulting dataset is one of the most spatially and temporally comprehensive records of tick abundance and pathogen prevalence in the USA. Using linear models, we found small or insignificant changes in the abundance of nymphs and adults over time; however, A. phagocytophilum, B. microti and B. burgdorferi prevalence in both nymphs and adults has increased over time. For the period 2017–2021, the statewide average prevalence of B. burgdorferi ranged from 19% to 25% in I. scapularis nymphs and from to 49% to 54% in I. scapularis adults. The statewide average prevalence of all other pathogens in I. scapularis for 2017–2021, including A. phagocytophilum (4–6% for nymphs, 4–9% for adults), B. microti (4–8% for nymphs, 2–13% for adults) and B. miyamotoi (1–2% for nymphs, 1–2% for adults), was considerably less.ConclusionsOur efforts revealed the complications of creating a comprehensive dataset of tick abundance and pathogen prevalence across time and space due to variations in tick collection and pathogen testing methods. Although tick abundance has not changed along the more southern latitudes in our study over this time period, and only gradually changed in the more northern latitudes of our study, human risk for exposure to tick-borne pathogens has increased due to increased pathogen prevalence in I. scapularis. This dataset can be used in future studies of I. scapularis and pathogen prevalence across the northeastern USA and to evaluate models of I. scapularis ecology and population dynamics.Graphical

The Supreme Court of Uganda’s Powers to Depart from or Reopen (Review) Its Decisions Under Article 132(4) of the Constitution

Abstract Article 132(4) of Uganda’s Constitution (1995) states that the Supreme Court may generally consider its decisions binding but can depart from them when necessary. Unlike some other African constitutions, Uganda’s does not explicitly authorise the Supreme Court to review its own rulings. The drafters intended for Article 132(4) to permit only departure, not review. However, this Article does not explicitly forbid review, and Rule 2(2) of the Supreme Court Rules (1996) allows the Court to set aside judgments found to be ‘null and void’. This article relies on the drafting history of the Constitution and contends that Rule 2(2) aligns with the Constitution since Article 132(4) does not expressly bar review. Drawing on practices in countries like Kenya, Ghana, and Tanzania, it argues that the Court could invoke its inherent powers to broaden the grounds for review when justice so requires, even beyond cases deemed null and void.

Surfing the red tide: supporting the menstrual health needs and rights of students with disabilities in the classroom

ABSTRACT The states of Oregon and Connecticut and the District of Columbia in the USA mandate the teaching of menstrual education which means the teachers of students with disabilities are expected to be familiar with the topics of hygiene, self-care, and independent living skills in relation to menstrual health needs. Special education teachers may need to attend to pre-menstrual symptoms, collect data on challenging behaviour, and ensure their students have access to period products. Teachers can consult with parents about teaching these skills at home to ensure generalisation of skills across contexts, and to build strong communication between school and home. Teachers should also familiarise themselves with local resources for menstrual supplies and instructional materials for both students and parents. Teaching skills in relation to menstrual health is critical for increasing independence, maintaining individual dignity, and fostering a menstrual experience free of stigma and shame.

Constitutional status and management system of the right to health as a fundamental right of the state

Constitutional status and management system of the right to health as a fundamental right of the state

Exploring with Dignified Justice Theory Substitute Imprisonment Fines for Corruption Convicts

General provisions on criminal fines and their subsidiarity are contained in Article 30 of the Criminal Code. Article 30 paragraph (2) of the Criminal Code contains the possibility of substituting a fine with imprisonment. If the fine is not paid by the convict, this generally includes those convicted of corruption. The principle of imprisonment in lieu of a fine in Article 30 paragraph (2) is not found in Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption (Corruption Law) . However, so far judges have used Article 30 paragraph (2) of the Criminal Code as the basis for deciding on imprisonment in lieu of a fine for those convicted of corruption. The problem is that the equivalence formula for one day of imprisonment is the same as a fine of seven rupiah 52 cents for those convicted of corruption in Article 30 paragraph (2) is outdated when compared to the current rupiah value. This equivalence formula is difficult to achieve the minimum fine for those convicted of corruption in the Corruption Law. For example, if the minimum fine is 50 million rupiah. If to achieve the equivalence of the fine one has to multiply seven rupiah 52 cents by the number of days in the eight months of maximum imprisonment, then it will not be possible to achieve equivalence according to Article 30 paragraph (6) of the Criminal Code. This study finds the principle of judicial independence in the Indonesian constitutional state as a solution to the unclear meaning of Article 30 paragraph (2) of the Criminal Code while waiting for the article to be abolished by the National Criminal Code.

Hope-Bearing Legislation? The Well-being of Future Generations (Wales) Act 2015

Abstract The Well-being of Future Generations (Wales) Act 2015 is a landmark piece of sustainable development legislation and marks a significant development in the emerging legal identity of Wales. Despite the Act's significance and ambition, it has been criticized as merely ‘aspirational’ – as ‘non-law-bearing’ and unenforceable by legal means. The Act is not without difficulties. However, it also has notable legal and other qualities that are often not captured within the standard justiciability-enforceability frame of analysis. Our aim here is to broaden the context for examining the Act and other ‘aspirational’ legislation like it. To that end, we identify three sets of questions that help to bring out different ideas around the Act's varied enforceability, its possible constitutional status, and its potential role as a bearer of hope.

Criticism Towards the Ruler: Illustrations From the Letter of the Law and the Practice of the Polish Constitutional State

The publication is devoted to several examples of the practice of criticism of the Head of State and executive power in Polish history. The authors have chosen three moments of interest: the first one is the first decade of the “Congress” Polish Kingdom established in 1815, and the second refers to the Second Polish Republic in the period after the coup d’État by Józef Piłsudski in 1926. Finally, the authors refer to some practical aspects of criticism of the authority in the public space in recent times, also recalling the high-profile criminal trial that reached the highest instance – the Supreme Court in 2023. In these examples, the authors focus on aspects of the permissibility of criticism, its specific forms and the reaction of the executive in the early history of the constitutional state and camouflaged criticism of power respectively, through the interwar liberal model of protection of freedom of speech and of the press, which failed in the face of authoritarian changes and the political will to protect the good name of one particular individual; after the death of Piłsudski, the lack of adequate legal protection post mortem was finally “remedied” by a particular repressive law. The last section of the discussion refers to the contemporary Polish state of law, and here the focus is on the faces of criticism and the forms of its suppression. In particular, attention was paid to the problem of the extensive use of means used by the police against criticism particularly unpleasant to the power camp (up to the bizarre action with the hiring of a jib) and the question of maintaining specific protection of the Head of State against defamation in the Criminal Code.

Конституционная модернизация в странах СНГ: современные тенденции

The article analyzes the general features and some features of constitutional modernization in the CIS countries over the past five years. Attention is drawn to new principles, norms, and institutions introduced into constitutional texts. The conclusion is made about the strengthening of the national component in constitutional texts. A promising emerging trend is identified - the strengthening of collectivist aspirations and unifying principles in the constitutions of the CIS states.

ANALISIS PENGARUH PUTUSAN HAKIM KONSTITUSI TERHADAP PUTUSAN MAHKAMAH KONSTITUSI No. 90/PUU-XXI/2023

The constitution states that the Indonesian state is a rule of law enforced by the government under the mandate of paragraph 4 of the preamble to the 1945 NRI constitution, which states that its duty is to protect the entire Indonesian people and the bloodshed of all. Indonesia. manifestation of the fifth commandment and "Social justice for all Indonesians" and ". Which establishes the Constitutional Court as the supervisor of the Constitution and also as the exerciser of judicial power. If there is a law whose content contradicts the Constitution. , the court can cancel the existence of the law or in whole or in part declaring that it the decision of the Constitutional Court does not have binding legal force and the decision is definitive and binding in nature. In this study, the author focuses more on the nature of the decision of the Constitutional Court, which differs from other decisions. The purpose of this study is to find ways in which the decision of the Constitutional Court can be studied in a similar way to other decisions. The purpose of this study is to find ways in which the decision of the Constitutional Court can be studied in a similar way to other decisions. Standard, legal and with the help of a literature review.

THE ROLE OF RELIGIONS IN POST-SOVIET COUNTRIES AND EXAMPLES OF THEIR RELATIONS WITH STATES

It should be noted that the constitutional requirements for the regulation of freedom of religion and the issues of determining the relationship between the church and the state were not highlighted in the Soviet system. From the declaratory point of view, the constitutions of this country were partially similar to the constitutions of the West, which allowed their reception in the constitutions of national states even after the communist regime. In the communist space, the freedom of religion was considered from atheistic positions, and Ro-Gortz Luchterhandt in his work "Development of religious legislation in Eastern Europe" would say: the communist system is a state system hostile to religion. The hostility to religion began with a claim to science. This was also supported by the anti-religious and atheistic understanding of freedom of conscience. Freedom of conscience was not a legally guaranteed autonomy for each individual to choose according to custom and religious responsibility in favor of what is truly known. It rather meant freedom of conscience from religion. Because of such doctrines, religion was displaced from public life into private life.

Socio-cultural Analysis of Gaddi Tribe - A Sociological Study of Saraj Area in Jammu Region

The present paper deals with the detail analysis of socio-cultural conditions of Gaddi tribe of Saraj area of Chenab Valley in Jammu region. This study gives focus on socio-cultural importance, constitutional status, tradition and customs of Gaddi tribe. These custom and traditions compel them to be remain ethnocentric in nature. On the basis of fieldwork, participant observations, in-depth long interviews and data collection from concern community development block, it is found that Gaddi tribes are still economically and socially backward. Since the homogenous nature of all Gaddi settlements in the region, the Gaddi hamlet namely Barshalli has been chosen as sample and locale of the present study. The study is based on four main objectives which fulfilled the requirement of the entire investigation. 1). Demographic and occupational profile of the Gaddi tribes in Saraj. 2). Socio-cultural conditions of Gaddi in the area. 3). Dependence of Gaddi on intra-religious communities. 4). Religious consciousness of Gaddi tribes in the region. The researcher has conducted fieldwork at village Barshalli and applied qualitative research techniques for data collection. The entire data so collected has been analysed with various tool and techniques. On the basis of data analysis it is found that Gaddi are ethnocentric and endogamous in nature. Their traditions and customs highlight their identity. Their dairy produce is for their domestic consumption only. They sale out few sheep and goats to meet out expenses for their rituals and diseases. They are facing identity crisis in the region. Gaddi tribes affiliate themselves with upper caste Rajputs but in turn they keep social distance from these tribes. Gaddi also maintain strong social stratification with lower castes Hindus in the area. Despite of various government initiatives adopted for their wellbeing. There is still a need of more affirmative targeted schemes as per demand of the hour for them. These tribes are facing multi-dimensional issues in their daily life.