Jurisdictional Differences Research Articles

Pornography Use and Associated Factors in Adolescents: A Cross-Jurisdictional Approach (Spain vs. Mexico).

Pornography use is common among adolescents. However, there has been limited in-depth examination of cross-country differences in adolescent pornography use. Therefore, the main aim of the present study was to understand cross-jurisdictional differences in problematic pornography use (PPU) in 1810 adolescents from Spain and Mexico. The relationship between sociodemographic variables, loneliness, sexual risk behaviors, and religiosity with PPU and cross-jurisdictional differences between the two Spanish-speaking populations was assessed. In the Spanish sample, pornography use was a mediator of risky sexual behaviors, with this association being greater in males, older individuals, and those with a non-heterosexual orientation. In the Mexican sample, non-use of condoms was directly statistically predicted by older age, poor familial relationships, low religiosity, and more frequent pornography use. Jurisdictional differences in relationships between variables were observed in the two samples (Spanish and Mexican). Clinical implications and potential sociocultural factors that may underlie observed differences in the two Spanish-speaking cultures are considered and warrant additional investigation.

Neighborhood-level sociodemographics and kindergarten children’s developmental vulnerability, pre- and post-COVID-19 in Canada

A child’s environment and early life experiences play an important role in shaping their development. The COVID-19 pandemic altered many aspects of everyday life for young children in Canada, and it has been argued that these changes did not impact all children equally. The current study explored the association between early child development and neighborhood sociodemographic indices (e.g., income, deprivation) before and after the onset of the COVID-19 pandemic. The Early Development Instrument (EDI) data, measuring child development and school readiness in kindergarten, were collected in 7 Canadian provinces and 1 territory from 2017-2020 (pre-COVID) and 2020-2023 (post-COVID) and were linked with neighborhood-level socioeconomic indices from 2016. We compared the gradients in development in a pre- (n=293,700) and a post-COVID (n=246,305) cohort of Canadian children. Rates of developmental vulnerability, as measured by the EDI, were examined for the sociodemographic variables in both the pre- and post-COVID cohorts. The overall vulnerability increased nationally from 27.3% in the pre- to 28.0% in the post-COVID cohort. A gradient in vulnerability rates for all the socioeconomic indices was found, with children in the highest quintiles, representing greater deprivation, having greater odds of being vulnerable than their peers in the lowest, least deprived quintile. Contrary to expectation, the magnitude of the gradient was very similar in both cohorts, with some jurisdictional differences. The largest gradient was found for average neighborhood income. These findings add the context of social determinants of health to the understanding of the impact of the COVID-19 pandemic on young children.

Design and management considerations for the Kenya-Tanzania marine transboundary conservation area.

Although transboundary conservation areas (TCAs) are critical tools for protecting ecosystems and ecological processes that transcend national jurisdictions, they are challenging to create due to the differences in governance contexts and capacity and power dynamics among countries. Marine TCAs are also more difficult to enforce relative to terrestrial TCAs because most nations still treat oceans as open access. Current guidelines for TCA development and implementation also focus mostly on terrestrial TCAs, which are not practical for marine TCAs. Hence, we reviewed the challenges associated with the design and management of marine TCAs and devised analytical and practical approaches to support the application of spatial planning frameworks and adaptive governance mechanisms. We used the lessons from the review to examine the decisions made for the proposed marine TCA in the Kenya-Tanzania border region and created options and considerations to promote effective design and management processes. We found the obstacles to marine TCAs in general are related to issues of fit, particularly differences in environmental research capacity, socioeconomic contexts, and internal institutional arrangements. These included differences in knowledge and capacity for marine ecological research and conservation; ability to adjust and update data; differences in values, interests, and resource uses; conservation costs; jurisdictional differences; engagement of multiple levels of organization; and differences in legal bases and policy development processes. Understanding and reconciling these challenges during the TCA development process can help enhance meaningful discussions in the design of the TCA and cultivate the enabling conditions for collaborative governance across countries and within different levels of organization from national to local actors.

Penyalahgunaan Data Pribadi Sebagai Bentuk Kejahatan Sempurna Dalam Perspektlf Hukum Siber

The misuse of personal data has become a highly relevant issue in the digital age, where cases of privacy violations are increasing sharply. Personal data such as contact information, transaction history, and online activities have become prime targets for cybercriminals to use for fraud, identity theft, and even political manipulation. These crimes often occur in various locations around the world, taking advantage of regulatory breaks and jurisdictional differences, making law enforcement difficult. To address this problem, a multi-dimensional approach is required. Stricter regulations, such as the General Data Protection Regulation (GDPR) in the European Union, are needed to protect personal data with strict sanctions for violations. In addition, international collaboration is essential as cybercrime often crosses national borders, requiring close cooperation between countries to track and apprehend perpetrators. Public awareness and education are also key components in reducing the risk of cybercrime. People should be encouraged to take proactive measures such as the use of strong passwords and two-step verification. Companies and service providers also need to take responsibility for customer data security by implementing strong protection measures and transparency in data management. In conclusion, the use of personal data as a form of perfect crime is a complex issue, requiring strict regulation, international collaboration, and awareness raising to create a safer digital environment.

Securing the Digital Landscape: Present Concerns and Hurdles in Digital Rights Management

The landscape of Digital Rights Management (DRM) is witnessing continual evolution, marked by emerging issues and challenges that demand attention and adaptation. As technology advances, DRM faces the complex task of balancing copyright protection with user rights and expectations. One prominent challenge lies in the realm of interoperability, where varying DRM systems can create barriers for users seeking seamless access to content across different platforms. Privacy concerns have also come to the forefront, as DRM systems often involve the collection of user data to enforce licensing and access controls. Striking the right balance between effective content protections and safeguarding user privacy poses a delicate challenge for DRM implementation. Furthermore, the rise of streaming services and the proliferation of diverse digital platforms increasethe demand for standardized DRM solutions. In the absence of universally accepted standards, fragmentation and compatibility issues can arise, affecting both content providers and consumers. As the digital environment undergoes globalization, the significance of legal and regulatory frameworks will grow, playing a crucial role in influencing the future of DRM. Navigating the complexities of international law and dealing with jurisdictional differences are additional barriers to the effective deployment of DRM. Essentially, the emerging issues and challenges in Digital Rights Management highlight the importance of a dynamic and collaborative approach to ensuring intellectual property protection while respecting the constantly changing demands and rights of digital content consumers.

The Global Psychedelic Survey: Consumer characteristics, patterns of use, and access in primarily anglophone regions around the world

ObjectivesDespite advancements in policies governing psychedelic substances globally, our understanding of real-world psychedelic use and its variations across international jurisdictions remains limited. We implemented the Global Psychedelic Survey (GPS) to capture information about psychedelic consumer characteristics, access, and usage patterns around the world. MethodsThe GPS was administered online in Spring 2023 to English-speaking adults (≥21 years) who use(d) psychedelics. We categorized survey responses into major catchment regions (Canada/US, Europe/UK, Australia/NZ, All Other). We used descriptive and bivariable statistics to characterize consumers’ socio-demographic characteristics, psychedelic access sources, and usage patterns. We examined regional differences in psychedelic use patterns using multinomial logistic regression. ResultsWe analyzed 6379 responses from 85 countries including Canada/US (n = 4434), Europe/UK (n = 771), Australia/NZ (n = 864), and Other (n = 310). Psilocybin, LSD, and MDMA were the most used psychedelics and personal growth was the most common use motive across all catchments. There were significant regional differences in psychedelic use patterns, including types of psychedelics used (e.g., less ibogaine use in Europe/UK and Australia/NZ relative to Canada/US), frequency of use (e.g., lower frequency use in Australia/NZ relative to Canada/US), motivations for use (e.g., less therapeutic use in Europe/UK and Other relative to Canada/US), and types of dosing regimens (e.g., more “micro”-dosing in Canada/US). DiscussionIn this large sample of adult psychedelic consumers from regions around the world, infrequent psychedelic use centered around life enhancement was common. Respondents indicated preference for legal access via quality-controlled sources. Jurisdictional differences in access and usage patterns likely reflect region-specific regulations and traditional practices. Further research should explore opportunities to increase representation of non-White respondents in psychedelic research via translation of studies into several languages and incorporation of culturally reflective, community-based study development.

The impact of the COVID-19 pandemic on people who use drugs in three Canadian cities: a cross-sectional analysis

BackgroundThe COVID-19 pandemic had a disproportionate impact on the health and wellbeing of people who use drugs (PWUD) in Canada. However less is known about jurisdictional commonalities and differences in COVID-19 exposure and impacts of pandemic-related restrictions on competing health and social risks among PWUD living in large urban centres.MethodsBetween May 2020 and March 2021, leveraging infrastructure from ongoing cohorts of PWUD, we surveyed 1,025 participants from Vancouver (n = 640), Toronto (n = 158), and Montreal (n = 227), Canada to describe the impacts of pandemic-related restrictions on basic, health, and harm reduction needs.ResultsAmong participants, awareness of COVID-19 protective measures was high; however, between 10 and 24% of participants in each city-specific sample reported being unable to self-isolate. Overall, 3–19% of participants reported experiencing homelessness after the onset of the pandemic, while 20–41% reported that they went hungry more often than usual. Furthermore, 8–33% of participants reported experiencing an overdose during the pandemic, though most indicated no change in overdose frequency compared the pre-pandemic period. Most participants receiving opioid agonist therapy in the past six months reported treatment continuity during the pandemic (87–93%), however, 32% and 22% of participants in Toronto and Montreal reported missing doses due to service disruptions. There were some reports of difficulty accessing supervised consumption sites in all three sites, and drug checking services in Vancouver.ConclusionFindings suggest PWUD in Canada experienced difficulties meeting essential needs and accessing some harm reduction services during the COVID-19 pandemic. These findings can inform preparedness planning for future public health emergencies.

Evaluating the “right@home” randomised trial of nurse home visiting using linked administrative data at school transition

IntroductionNurse home visiting (NHV) is designed to redress child and maternal health inequities, but long-term evaluation is hampered by sample attrition. Evaluation using administrative data has the potential to overcome attrition through provision of a more complete outcome profile. Australia's “right@home” trial is the only long-running evaluation of NHV designed for a population with universal healthcare. ObjectivesTo investigate the effects of the NHV program on children's health and development outcomes and service use, compared with usual care (comparator), using linked administrative data at school transition. MethodsA screening survey identified pregnant women experiencing adversity from antenatal clinics across two states (Victoria, Tasmania). 722 were randomized: 363 to the right@home program (25 visits promoting parenting and home learning environment) and 359 to usual care. At children's first birthdays, 198/237 (83.5) Tasmanian and 420/485 (86.6) Victorian parents consented to data linkage with the Tasmanian Kindergarten Development Check (KDC, 4 years) and Victorian School Entrant Health Questionnaire (SEHQ, 5-6 years), respectively. Jurisdictional differences meant measures could not be harmonized, and variables varied in their interpretability. Following best-practice methods for managing missing data, outcomes were compared between groups (intention-to-treat) using regression models adjusted for stratification factors, baseline variables, and nurse/site cluster. ResultsLinked data were obtained for n = 134/237 (56.5) Tasmanian and n = 252/485 (52.0) Victorian children. These children had substantially higher prevalence of negative life events and poorer health and development outcomes, and used similar or more services than children state-wide. Compared with usual care, the NHV program increased KDC achievement and SEHQ health service use. There was less evidence for program impacts on SEHQ outcomes. ConclusionsBenefits of NHV were evident at school transition for child development outcomes and service use. This adds further evidence for NHV being an important component of universal health services that deliver support responsive to families' needs. RegistrationISRCTN89962120

Sociodemographic characteristics help predict Canadian urbanites' acceptability of restaurant food environment policies.

Public acceptability of policies aiming to improve the healthfulness of the restaurant food environment is key to their successful implementation. Yet, the acceptability of these policies remains ambiguous, especially across diverse population groups. This study aims to examine associations between sociodemographic characteristics and acceptability levels of three restaurant food environment policies of varying degrees of intrusiveness across 17 urban Canadian jurisdictions. Data was extracted from the THEPA survey, one of the largest and most jurisdictionally comprehensive surveys on intervention acceptability (N = 27,162). To account for potential jurisdictional differences in acceptability, for each policy, multilevel logistic regression models were developed. Results indicated that, on average, those in complete agreement with the implementation of the targeted policies represented 20.3%-26.9% of participants, depending on the policy. Acceptability varied according to policy intrusiveness, jurisdiction, and participants' sociodemographic characteristics. Women, individuals with household incomes of <$40,000/year, immigrants from a high-income country other than Canada, and Indigenous peoples were more likely to express complete agreement with all policies, versus men, participants with household incomes of $40,000-$79,999/year, Canadian-born individuals, and non-Indigenous individuals. A lower likelihood of expressing complete agreement with all policies was observed for those with a $80,000-$119,999/year household income, versus those with a $40,000-$79,999/year household income. For selected policies and models, other sociodemographic characteristics (i.e., age, education, and being born in a low-or middle-income country) predicted acceptability. The examined sociodemographic characteristics did not explain jurisdictional differences in acceptability. Understanding jurisdictional differences in acceptability merits further research. Policy implications involve engaging diverse sociodemographic groups in conversations about acceptable ways in which their restaurant food environment could be rendered more healthful.

Patterns of Mental Health Service Use in Australian Workers with Low Back Pain: A Retrospective Cohort Study.

To describe the volume, timing and provider of mental health services provided to workers with accepted low back pain (LBP) claims, and to identify determinants of service volume and time to first mental health service. Using claim and service-level workers' compensation data from four Australian states (Queensland, South Australia, Western Australia, Victoria) for LBP claims with at least one mental health service lodged between 1 July 2011 and 30 June 2015. Mental health services occurring 30 days prior to 730 days following claim acceptance were examined. Outcomes were number of mental health services and time (weeks) from claim acceptance to first service, calculated overall, by provider and interaction type, and by independent variables (age group, sex, time loss duration, financial year of lodgement, jurisdiction, socioeconomic status, remoteness). Negative binomial and Cox regression models examined differences between service volume and time to first service by independent variables, respectively. Of workers with LBP claims who accessed mental health services, psychologist services were most common (used by 91.2% of workers) and 16% of workers saw multiple provider types. Number of services increased with time loss duration, as did time to first service. Victorian workers had the most services, yet accessed them latest. Psychologist services were most common, longer duration claims used more mental health services but accessed them later, and there were a number of jurisdictional differences. Results suggest opportunities for workers' compensation authorities to provide, to those who may benefit, greater and earlier access to mental health care.

Evolution of Cybercrime Law in Legal Development in the Digital World

This research explores the evolution of cybercrime law in the face of developments in information and communication technology (ICT) over the last few decades. The development of digital technology has provided countless benefits but has also given rise to increasingly complex threats in the form of cyber attacks and cybercrime. This research aims to investigate how cybercrime law has evolved in response to changes in ICT and how these developments have influenced the effectiveness of cybercrime law enforcement. This research also analyzes the role of cross-border cooperation in cybercrime law enforcement and how developments in international law have influenced countries' ability to deal with global cybercrime threats. The research results show that the evolution of cybercrime law includes the establishment of more specific cybercrime laws and stronger protection of personal data. Cross-border cooperation plays an important role in cybercrime law enforcement, including information exchange, joint prosecution, asset freezing, and extradition. Developments in international law, such as the Budapest Convention and the General Data Protection Regulation (GDPR), have provided the legal basis necessary for more effective cross-border cooperation. However, challenges remain, including legal and jurisdictional differences between countries that often hamper law enforcement efforts. Therefore, increasing international cooperation and efforts to overcome these obstacles is critical in maintaining security and privacy in the ever-evolving digital era

On the issue of the concept of comparability: levels of application and scope of application in data taxation

This work focuses on the study of the concept of data comparability. Despite the importance of ensuring comparability of data in theory, in practice, analysts often forget about the need to verify whether information collected from different sources, for different subjects of economic activity, is suitable for comparative research. Based on this: the object of the study is to directly ensure the comparability of data, and the subject of the study is the application of this theory in practice, with an emphasis on the field of taxation. Moving from general, abstract economic examples in theory related to financial data and reporting, the author gradually moves on to the study of comparability in transfer pricing, in industry analysis using such industry averages as profitability and tax burden. The article uses a number of scientific research methods: formal logical, induction and deduction, as well as dialectical research method. Studying Russian and foreign sources, the author identifies three levels in theory: accounting, correctional and expert; which is also a scientific novelty. With their help, the difficulties associated with comparing enterprises with different characteristics are considered, the scope of comparability is explored, taking into account factors such as differences in jurisdictions, economic conditions and the changing regulatory landscape. Shedding light on these issues, this article gradually delves into the application of the concept in practice in the analysis of tax-related data, pointing out both the positive and negative sides of using industry-wide relative indicators when comparing organizations. At the end of the study, it is concluded that there is a need to apply a more targeted approach when comparing the results of economic activity of organizations.

Predictive risk modelling of high resource users under different prescription drug coverage policies in Ontario and Manitoba, Canada

IntroductionStudying high resource users (HRUs) across jurisdictions is a challenge due to variation in data availability and health services coverage. In Canada, coverage for pharmaceuticals varies across provinces under a mix of public and private plans, which has implications for ascertaining HRUs. We examined sociodemographic and behavioural predictors of HRUs in the presence of different prescription drug coverages in the provinces of Manitoba and Ontario.MethodsLinked Canadian Community Health Surveys were used to create two cohorts of respondents from Ontario (n = 58,617, cycles 2005–2008) and Manitoba (n = 10,504, cycles 2007–2010). HRUs (top 5%) were identified by calculating health care utilization 5 years following interview date and computing all costs in the linked administrative databases, with three approaches used to include drug costs: (1) costs paid for by the provincial payer under age-based coverage; (2) costs paid for by the provincial payer under income-based coverage; (3) total costs regardless of the payer (publicly insured, privately insured, and out-of-pocket). Logistic regression estimated the association between sociodemographic, health, and behavioral predictors on HRU risk.ResultsThe strength of the association between age (≥ 80 vs. <30) and becoming an HRU were attenuated with the inclusion of broader drug data (age based: OR 37.29, CI: 30.08–46.24; income based: OR 27.34, CI: 18.53–40.33; all drug payees: OR 29.08, CI: 19.64–43.08). With broader drug coverage, the association between heavy smokers vs. non-smokers on odds of becoming an HRU strengthened (age based: OR 1.58, CI: 1.32–1.90; income based: OR 2.97, CI: 2.18–4.05; all drug payees: OR 3.12, CI: 2.29–4.25). Across the different drug coverage policies, there was persistence in higher odds of becoming an HRU in low income households vs. high income households and in those with a reported chronic condition vs. no chronic conditions.ConclusionsThe study illustrates that jurisdictional differences in how HRUs are ascertained based on drug coverage policies can influence the relative importance of some behavioural risk factors on HRU status, but most observed associations with health and sociodemographic risk factors were persistent, demonstrating that predictive risk modelling of HRUs can occur effectively across jurisdictions, even with some differences in public drug coverage policies.

Medical Aid in Dying: How Might U.S. Policy Prevent Suffering at the End of Life?

ABSTRACT Medical aid in dying refers to policies that allow terminally ill patients to seek assistance from their medical providers to obtain medications to hasten death. In this paper, we used a 7-point policy analysis model to examine the diversity of medical aid in dying policies that exist in jurisdictions (states and territories) in the U.S. and the implications of these policies for suffering at end of life. As of this writing, these practices are available in 12 jurisdictions, including 11 states and the District of Columbia. Legalization has occurred via statutory approaches in 10 jurisdictions and permissive approaches in two jurisdictions. We discuss the structures of these laws, the requirements for participation, and the limitations created by having jurisdiction-specific policies on such broad, bioethical issues. Existing laws appear to relieve suffering in patients at end of life. Jurisdictional differences create barriers to comprehensive expansion but provide insights into practice in different contexts.

A review of social media platform policies that address cannabis promotion, marketing and sales

BackgroundCannabis marketing exposure via social media may impact use in youth and young adults. Most states with recreational cannabis lack policies regarding social media-based marketing. Thus, we examined such policies among prominent platforms, particularly those popular among youth and young adults.MethodsIn September-October 2022, 3 research team members extracted policies applying to the general community, advertising, and any specific content regarding drug-related content for 11 social media sites: Discord, Facebook, Instagram, Pinterest, Reddit, Snapchat, TikTok, Tumblr, Twitch, Twitter, and YouTube. Using inductive thematic analysis, they then dual-coded restrictions on cannabis-related content (e.g., paid advertising, unpaid promotion, sales). Descriptive analyses were conducted.ResultsTen (all except TikTok) referenced cannabis/marijuana, 7 (all except Discord, Instagram, TikTok, and YouTube) distinguished different cannabis-derived products, and 5 (Reddit, Snapchat, TikTok, Tumblr, Twitter) noted jurisdictional differences in cannabis regulations/legality. All prohibited sales, 9 (all except Snapchat and Tumblr) prohibited paid advertising, and 4 (Discord, Reddit, Snapchat, TikTok) prohibited unpaid promotion (e.g., user-generated content). All restricted underage access to cannabis-related content. However, policies varied and were ambiguous regarding how “promotion” was defined, whether/how jurisdictional differences in legality were addressed, how businesses may interact on social media, barriers implemented to inhibit the facilitation of sales, and enforcement protocols.ConclusionsSocial media policies regarding cannabis marketing are ambiguous and may facilitate cannabis marketing, promotion, sales, and underage exposure, thus compounding concerns regarding insufficient governmental regulations. Greater specificity in social media cannabis-related policies and enforcement is needed.

The Pretrial Detention Penalty: A Systematic Review and Meta-Analysis of Pretrial Detention and Case Outcomes

It has long been argued that defendants detained pretrial face more severe case outcomes than released defendants. Considering the magnitude, directionality, and significance of these findings, this article uses systematic review and meta-analysis to examine the average effect of pretrial detention on a series of case processing outcomes: conviction, guilty plea, dismissal, charge reduction, incarceration, and sentence length. Assessing 143 effect sizes across 57 studies that met the inclusion criteria, findings indicated that detained defendants face more severe outcomes, with the strongest effect on their likelihood of incarceration. Pretrial detention had a medium effect on convictions, guilty pleas, and dismissals, a smaller effect on sentence length, and a non-significant, small effect on charge reductions. The studies’ effect sizes were heterogeneous, highlighting the importance of jurisdictional differences in policies and practices. Moderator analyses were used to assess this variation. Future research should examine how disparity cumulates via the pretrial detention penalty.

Islam and human capital in historical Spain

We use a unique dataset on Muslim domination between 711-1492 and literacy in 1860 for about 7500 municipalities to study the long-run impact of Islam on human-capital in historical Spain. Reduced-form estimates show a large and robust negative relationship between length of Muslim rule and literacy. We argue that, contrary to local arrangements set up by Christians, Islamic institutions discouraged the rise of the merchant class, blocking local forms of self-government and thereby persistently hindering demand for education. Indeed, results show that a longer Muslim domination in Spain is negatively related to the share of merchants, whereas neither later episodes of trade nor differences in jurisdictions and different stages of the Reconquista affect our main results. Consistent with our interpretation, panel estimates show that cities under Muslim rule missed-out on the critical juncture to establish self-government institutions.

Pan-Canadian Electronic Medical Record Diagnostic and Unstructured Text Data for Capturing PTSD: Retrospective Observational Study

The availability of electronic medical record (EMR) free-text data for research varies. However, access to short diagnostic text fields is more widely available. This study assesses agreement between free-text and short diagnostic text data from primary care EMR for identification of posttraumatic stress disorder (PTSD). This retrospective cross-sectional study used EMR data from a pan-Canadian repository representing 1574 primary care providers at 265 clinics using 11 EMR vendors. Medical record review using free text and short diagnostic text fields of the EMR produced reference standards for PTSD. Agreement was assessed with sensitivity, specificity, positive predictive value, negative predictive value, and accuracy. Our reference set contained 327 patients with free text and short diagnostic text. Among these patients, agreement between free text and short diagnostic text had an accuracy of 93.6% (CI 90.4%-96.0%). In a single Canadian province, case definitions 1 and 4 had a sensitivity of 82.6% (CI 74.4%-89.0%) and specificity of 99.5% (CI 97.4%-100%). However, when the reference set was expanded to a pan-Canada reference (n=12,104 patients), case definition 4 had the strongest agreement (sensitivity: 91.1%, CI 90.1%-91.9%; specificity: 99.1%, CI 98.9%-99.3%). Inclusion of free-text encounter notes during medical record review did not lead to improved capture of PTSD cases, nor did it lead to significant changes in case definition agreement. Within this pan-Canadian database, jurisdictional differences in diagnostic codes and EMR structure suggested the need to supplement diagnostic codes with natural language processing to capture PTSD. When unavailable, short diagnostic text can supplement free-text data for reference set creation and case validation. Application of the PTSD case definition can inform PTSD prevalence and characteristics.

The Urgency of Fiqh Rules Regarding Differences in Eid al-Adha Determination in Indonesia

Variations in Eid al-Adha determination is due to the differences in ascertaining the beginning of the Islamic month of Zulhijjah. Furthermore, the discrepancies in establishing the beginning of the Zulhijjah month are due to differences in maţla, which is the location where the new moon appears, as well as variations in the reckoning and ru'yah methods. A qualitative method was used for evaluating, characterizing, and exposing its findings. The method of data collection was literature review, which aims to investigate the origins of differences and discover a compromise solution to decrease or eradicate these variations, or at least to comprehend those that cannot be eliminated. The results showed variations in the location from which the new moon is viewed as well as the methodologies used lead to differences in establishing the beginning of the Zulhijjah month. This leads to differences in the schedule of holidays. Therefore, determining the beginning of the Zulhijjah month needs to be carried out by the leader of the jurisdiction or legal area. There are also disparities in holiday determination due to differences in jurisdictions which cannot be avoided. Hence, the government's decision of one jurisdictional area can remove discrepancies in its territory ḥukm al-ḥākim yarfa'u al-khilāf.

Is the Hong Kong Courts’ Ability to Refer to Foreign Authorities Unrestrained?

Once in a while there is a debate on whether Hong Kong courts should be freely able to refer to foreign authorities, indicating the lack of firm consensus. In light of the need for clarifications, this note affirms the court’s ability to refer to foreign authorities for three main reasons. Constitutionally, this note is the first to raise that Hong Kong courts have a unique ‘constitutional assurance’ of their ability to refer to foreign cases. By comparison, other jurisdictions, like England &amp; Wales and Singapore which do not share the same assurance, have even further restrained their power with Practice Directions. Professionally, the courts will not blindly rely on foreign authorities given the jurisdictional differences. Practically, Hong Kong has a relatively smaller case pool, so the practical insights from the foreign authorities are very useful. Given these three justifications, there should not be any doubt over the courts’ power and practice for such.&#x0D; Keywords: common law; Singapore; English law; comparative law; case law; precedent; India; judiciary; legal method.