Law And Justice Research Articles

Typology of parliamentary control bodies in democratic constitutions of the world

The article reveals the most characteristic features of the democratic constitutions of the world of parliamentary control over the observance of human and citizen rights by the state administration. Various types of bodies of parliamentary control over the practical implementation of the rights and freedoms of man and citizen declared by the constitutions are shown. Their list includes parliamentary or constitutional commissions for their protection, commissions for the protection of the rights of national minorities, representatives of non-traditional religions, in matters of castes, tribes, territory management and improvement of tribes, backward classes, official language, commissions for the development and protection of cultural, religious and linguistic rights communities, commissions on gender equality, commissions on petitions, commissions on motions, boards of people's human rights protection, radio broadcasting and television councils, councils for the protection of citizens' rights. It was concluded that the idea of control of compliance by officials with laws or simply customs and rules of behavior in society originated in the ancient world and continued its development during the Middle Ages. The division of laws into secular and ecclesiastical led to the emergence of the «law of justice» and the position of «lord chancellor», which turned out to be the prototype of the modern position of the ombudsman. With the adoption of democratic constitutions, a system of parliamentary standards for law enforcement by government officials was established. It covers general declarations of human and citizen rights and freedoms, guarantees of their protection by various state bodies, collective bodies, general or narrowly profiled, personal positions elected by parliaments, appointed by governments, monarchs, presidents, single or multiple, combined, with or without deputies , as well as regional and international organizations. At the current stage of the development of humanity and international legal science and political culture, universal legal values are actively developed ‒ generally recognized legal standards, models, benchmarks, principles, norms, procedures, etc., which have a global character and influence the development of all legal systems of the world to varying degrees. On the other hand, the identity of national law, the style of popular thinking, traditions, motives and approaches to legal regulation, as well as the distinctiveness of the legal culture of each country, are preserved.

Frustration v Imprévision, Why Frustration is so 'Frustrating': The Lack of Flexibility in the English Doctrine's Legal Consequence.

The COVID-19 pandemic and subsequent economic restrictions have placed many contractual parties under great strain to honour their agreements as contracts have become commercially impracticable and excessively onerous. This article explores the legal position in England, France and the Middle East under the doctrine of impossibility, impracticability and unforeseen circumstances. Strongly rooted in contractual autonomy and commercial certainty, this article argues that frustration in English common law is not sufficiently broad because the consequence (automatic discharge) is too rigid and does not allow a renegotiation of obligations. French civil law is more accommodating but only formally adopted imprévision in civil law in 2016, meaning it lacks traction. However, Middle Eastern civil law countries accept the doctrine as an integral part of their law and theory of justice, allowing obligations to be rebalanced in a more flexible manner. The English legal system should consider the advantages of a similar reform.

Ibn Khaldun's Concept of Law and its Relevance in the Formation of Modern Legal Systems

This article discussed the concept of law in Ibn Khaldun’s thoughts and its relevance in forming modern legal systems. This research used qualitative research methods with data collection techniques through a literature review of Ibn Khaldun’s works and several other relevant sources. The main focus of the research analysis was the concepts of al-’adl law, inheritance law, and justice in law. The results showed that Ibn Khaldun’s thoughts on al-’adl law, inheritance law, and justice in law were highly relevant to forming modern legal systems. The concept of al-’adl law taught that law should be enforced fairly, while the concept of inheritance law provided the basis for developing family law. In addition, Ibn Khaldun’s concept of justice in law had significant implications for the fair and equal enforcement of the law. In conclusion, Ibn Khaldun’s thoughts on law can contribute to forming modern legal systems and new and alternative perspectives for the development of law today.
 Keywords: kwd

Implementation Of Restorative Justice As A Justice Law Enforcement In Indonesia

The law enforcement framework will in general save essential standards as far as satisfying equity, exclusively because of reasons of satisfying legitimate sureness. Victims in a crime, in the National Legal System, the position is not profitable. Because the victim, in the (Criminal) Judicial System, is only an accessory, not the main actor or just a witness. The type of research used by the author in compiling this research is normative legal research or library law research. It should be emphasized that restorative justice is fundamentally a concept, both about justice and due process, not a theory. Because it is the basis for the development of the judiciary, restorative justice is referred to as the philosophy of justice. So, it is possible to view restorative justice as a collection of legal procedures that primarily seek to repair (recover) the losses suffered by crime victims. In the science of criminal law, justice must try to restore the situation to how it was before the crime was committed. The situation changes when someone breaks the law. So that's where the role of law is to protect the rights of every victim of crime. Helpful equity additionally accentuates common liberties and the need to perceive the impacts of social unfairness and in basic ways review them, as opposed to just giving the culprits formal or lawful equity and casualties not getting any equity. Supportive equity likewise looks to reestablish casualties' security, individual regard, respect, and all the more significantly, a feeling of control. The helpful equity framework can be applied in the event that the lawful culture in a nation requires its execution for a specific case.

Prospects and Challenges with Legal Informatics and Legal Metrology Framework in the Context of Industry 6.0

Industry 6.0 is viewed as a futuristic industrial evolution. It aims to set the synergy between man and robot by providing the wealth affluence away from the trade, and customers solutions that would provide progress to the world in every field across all planetary boundaries. Industry 6.0 comprises numerous promising technology such as quantum computing, artificial intelligence, machine learning, cloud computing, and quantum artificial computing. These technologies have the massive capabilities to help the legal industry, metrology industry and many other organizations attain their goals by delivering excellent and best-suited insights. In the future, these technologies will assist the lawmaker and jurisprudence in improving the old law justice system into the advanced one. In this article, we first introduce a glimpse of industry 6.0 from the outlook of legal information, digital transformation in metrology, and strength, limitation, opportunities, and threat analysis in brief. Then we discuss key technologies of industry 6.0, framework of legal informative, a futuristic model for a legal informatics system based on quantum-based AI, machine learning, and digital legal metrology and its challenges in adoption in regard’s Industry 6.0. In subsequent sections, we discussed requirements, challenges, and progress in developed countries, preparedness of academia and industry in India. Then, we brief challenges for legal metrology in the future, opportunities for legal metrology in future legal challenges faced by lawyers and legal metrology, limitations of the study, research implication, and conclusion. Finally, the finding shows that industry 6.0 technologies have enormous capabilities to bring a revolutionary change in the legal industry but are present in the new born growth stage.

Compensation Scheme of Former Political Prisoners in Albania, as a Matter of Transitional (in) Justice

The change of the political and legal system in Albania gave birth to the great hope, not only of the triumph of dignity, but also of the correction of injustices towards former political prisoners. In Albania, from 1991 to 2008, a series of legal measures addressed the issue of former political prisoners. Their purpose was not only to legally consider punishment for crimes of a political nature as unjust, but also to award compensation. But, in the span of 17 years they remained a formal statement on paper, an inadequate legal solution that in very few cases became effective. At the beginning of 2008, with the entry into force of the law on the compensation of former political convicts, an administrative compensation process was sanctioned that offered a reasonable solution in terms of time and amount of compensation. However, the subsequent legal changes recognized the right of the state to carry out a compensation process based on budgetary possibilities and did not condition the realization of this process in terms of time. The paper aims to analyze the concept of transitional justice in international and domestic law, highlighting its main instruments, as well as focusing on compensation for former political prisoners in Albania. The work through the analytical and comparative method supports the hypothesis that the compensation of political prisoners designed as an effective tool for correcting the injustice caused during the years of communism is bringing back new injustices, which are incompatible with the principle of the rule of law and human rights. The compensation scheme for political convicts in Albania has created not only legal uncertainty regarding the time of compensation, but also such a duration can lead to inequality and discrimination. The paper recommends the need for immediate legal changes to build a fair, fast and effective compensation mechanism.
 
 Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023

El despido ineficaz respecto a las mujeres embarazadas en la legislación ecuatoriana

The aim is to conduct a legal analysis of Ecuadorian legislation's ineffective dismissal of pregnant women. The methodology applied was a qualitative approach from the phenomenological foundation of the legal facts, the logical historical method, and the synthetic analytical method for an analysis of the ineffective dismissal. According to the Republic of Ecuador's Constitution, the Labor Code, the Organic Law for Labor Justice, and the Recognition of Work in the Home, with a treatment of rights in the national and international frameworks through the use of the documentary film analysis technique. The legal evidence presents the violation of the rights of pregnant women, and the need to strengthen the legal concept of ineffective dismissal, because compensation is insufficient for their needs. The Organic Law for Labor Justice and Recognition of Work in the Home (2015) reformed the Labor Code and incorporated the figure of ineffective dismissal, its purpose is to protect pregnant women against untimely dismissal, guarantee the right of women pregnant to return to work, if she does not wish to return to her job, it is considered items according to the law and if the employer does not want her reinstatement, she can be sanctioned according to the Comprehensive Organic Criminal Code.

Свобода и справедливость в правовом осмыслении

It is a response to the article by V. A. Belov and O. Yu. Skvortsov «Justice vs Freedom = Law: Antagonistic Contradiction and its Solution» (Statute [Zakon]. 2023. No. 2–3). The author examines positive and negative aspects of the concept of justice, emphasising its natural law orientation and ideological proximity to the school of «revived natural law». Another positive aspect of the proposed concept is the recognition of human freedom and justice as inalienable attributes of law. The very idea of opposing justice to freedom is regarded as controversial. The author argues that such opposition does not make sense, because it does not allow to think without contradictions of the very notion of freedom. The «narrow», socio-centrist interpretation of justice has no satisfactory theoretical justification and must be reformatted. The author offers for discussion his own concept of justice in law based on a communicative approach, interactive methodology and the principle of mutual legal recognition. Arguments in support of this view on the nature of justice are derived not only from philosophical and sociological research but also from evolutionary theory, biology and neuroscience. The basic idea is to justify the existence of two fundamental traditional values that underlie human conceptions of justice: the value of the human person and the value of society. Their optimal coexistence is possible only on the basis of the realisation of the principle of mutual legal recognition and the mutual rights and obligations arising from it. In the realisation of this principle lies the idea of justice. Law is born not in a struggle between justice and freedom, but in a struggle for justice and freedom.

Reflection, Deliberation, and Dialogue: Stipanowich's Contribution to Dispute Resolution

During the late 70s through the early 21st century, the Modern Progressive Era brought into focus a great concern with the manifest lack of justice in law and society. The urgency of the need for justice spawned multiple reform movements. Along with feminism, law and economics, and others, dispute resolution (often referred to as Alternative Dispute Resolution (“ADR”) or the “Quiet Revolution”) is recognized as a reform movement which lends itself to progressive persuasion. Professor Thomas Stipanowich is a significant scholar of the Modern Progressive Era. Professor Stipanowich has shaped and internationalized dispute resolution theory and practice for more than four decades. This article reflects on the impact of his scholarship throughout the Quiet Revolution.

NILAI KEADILAN DALAM POLIGAMI

This study examines the value of justice in polygamy from various perspectives, namely the Qur'an, Sunnah, ushul fiqh/fiqh, and positive law. This research is a literature study with data sources in the form of polygamy provisions contained in the Al-Qur'an, Sunnah, ushul fiqh/fiqh, and positive law. In addition, data were also taken from literature related to polygamy. Using a normative approach, this research finds that fairness is an important condition for polygamy. The concept of justice in the Qur'an tends to be related to business that is humanly possible. If someone really wants to do justice with a sincere goal, then he will not be able to do it considering his limitations as a human being. In principle, the concept of fairness in sunnah and ushul fiqh/fiqh refers to the interpretation of the Koran, namely fairness in the areas of living, muamalah, association, and night shifts. Meanwhile, justice in positive law basically emphasizes the husband's ability to be fair to his wives and children, especially in terms of subsistence. This research shows that in both Islamic law and positive law, justice is an important condition that must be met by a husband in polygamy.

Philosophical Study of the Law of Justice in Derrida

Philosophical Study of the Law of Justice in Derrida

Interpreting Interpretation in Private Law

Abstract The article addresses the following question: why do we interpret private law? My aim is, first of all, to make use of the theory of interpretation presented by Ronald Dworkin in Justice for Hedgehogs (Dworkin 2011) to emphasize the methodological importance of this issue. Second, the article casts doubt on the thesis that different interpretations of private law – for example, the so-called structuralist interpretations and instrumentalist interpretations such as the economic analysis of law – are rival interpretations. Like Dworkin, I argue that it is our interpretive responsibilities that define whether or not two interpretations of the same object should be treated as rivals. These responsibilities, in turn, are measured in light of the purpose of the interpretation. The interpretation of private law is a peculiar case of legal interpretation because it is not eminently concerned with determining the content of that law. On the other hand, if justification is the point of interpreting private law, then there seems to be no reason why different interpretations should necessarily be interpretations in competition with each other. The justification of private law may depend on a plurality of normative injunctions being met, and the features by which private law satisfies these injunctions can be highlighted sometimes by one interpretation, sometimes by another.

Reconstructing Multicultural Islamic Education in Indonesia (Binoculars of Azyumardi Azra's Thought)

Multicultural education is a blessing in disguise for Indonesian pluralism because it promotes diversity and harmony in embroidery. The realization of human and democratic values in it leads to continuity in spreading social piety, universal wisdom, and civilized life. The purpose of this research is to see Aziumardi Azra's thoughts about multicultural education so that the clouds and cloudy skies of education can be opened. At the same time, this paper is dedicated to the extended family of Azyumardi Azra as a teacher of an intellectual multicultural nation. This research is a qualitative research, library research using a philosophical histories approach. The results of the study show that: 1) Azyumardi Azra views multicultural education as an awareness of the recognition and acceptance of diversity as a sunnatullah which should be a pillar of unity. He is so firm in his optimistic foundation to fight for equality, social justice, democracy, tolerance, inclusivity, equality, pluralism, and rule of law for Indonesian people; 2) The application of multicultural education to the history of the Indonesian nation needs to be raised again which was broken by monoculturalism; 3) Multicultural education is the main tool as a media meeting point for a multicultural world nation to prevent social chaos and escapism. 4) Indonesia with all its diversity is a good country because many of its meeting points are based on four foundations, namely Pancasila, NKRI, Unity in Diversity, and the 1945 Constitution. This research is optimistic to simplify the interaction or influence of multicultural values, Indonesian values, and Islamic values on forms of acceptance in Indonesian education

State Incarceration Policy in the U.S. Federal System: Assessing Recent Approaches to Reducing Incarceration Rates

Abstract Although scholarship analyzing U.S. incarceration policy generally focuses on the federal government and federal criminal justice laws, state and local governments are principally responsible for the criminal justice strategy and tactics utilized within their jurisdictions, and that determines the size of state correctional populations. The overwhelming majority of the total U.S. prison population is under the jurisdiction of state correctional authorities. Since 2010, forty-six states have reduced their prison populations, but the efficacy of these reforms and interventions has varied considerably. Utilizing a series of case studies, I analyze a range of state approaches to reducing the prison population and consider the effectiveness of these policies. The most effective approaches have focused on reducing prison admissions, creating or expanding early release opportunities, and decreasing readmission of conditional release violators.

The Speech of the Repetition of Rhetorical Question “Then Which of the Favours of Your Lord Will You Deny? In Surat AL Rahman

Repetition is a linguistic feature that exists in all languages, and represents different purposes, rhetorical, emphatic, or otherwise. A problematic issue arises when the rhetorical question "Then which of the favours of your Lord will you deny? In Surat AL Rahman repeated many times in Surat Al Rahman. This paper deals with this specific area as far as the repetition of rhetorical question "Then which of the favours of your Lord will you deny? Is concerned. The speech act theory (1962) was applied to investigate realization of speech The repetition of rhetorical question "Then which of the favours of your Lord will you deny? In Surat AL Rahman. The analytical method is used while gathering of data. The paper highlights the Qur’an’s aims and the effects of repetition in Surat Al Rahman. The paper also elucidates the purpose of the repetition in Surat Al Rahman. This paper elucidates that This verse is repeated 31 times in the surah, once after each description of Allah's blessings and punishment as well. The speech in surah Ar-Rahman is namely repetition. The reason used of speech in surah Ar-rahman namely faith, laws of justice, man and jinn, hell and favors heaven.

The Principles of Justice in the Quranic Perspectives and Administrative Laws


 
 
 
 The research begins with the definition of Justice principle, which is about giving everyone’s rights and placing everything in its rightful position, appreciating each matter according what it is worth, and refrain from injustice, discrimination, and racism in managing affairs.
 In the first chapter, the research deals with the meaning of Justice in The Holly Quran, with mentioning its types, and followed by explaining the difference between justice and equity in Islamic law(Sharia) and laws.
 Then, in the second chapter, the research defines the implications of the principle of justice in administration and mentions practical instances in the Holy Quran as well as the Sunnah of the Prophet concerning this matter, as indicated that the Holy Quran commanded justice even with enemies, and thus it surpasses all human laws and systems in spreading justice and applying it in human society.
 In the third chapter, this paper further describes the constitutional and legal foundation of the principle of justice, where it encompasses the insistence of the Iraqi legislations concerning the embodiment of the constitutional laws, and its general principles of justice that the state follows. It also emphasized the principle of justice before the law, and this emphasis occurs in many constitutional provisions and clauses as well as laws in different forms.
 
 
 
 
 What is related to the conclusion, the reasercher presented the most important findings concluded by the research.

Свобода и справедливость в правовом осмыслении

It is a response to the article by V.A. Belov and O.Yu. Skvortsov “Justice vs Freedom = Law: Antagonistic Contradiction and its Solution” (Statute [Zakon]. 2023. No. 2-3). The author examines the positive and negative aspects of the concept of justice offered by them, emphasising its natural law orientation and ideological closeness to the school of “revived natural law”. Another positive aspect of the proposed concept is the recognition of human freedom and justice as inalienable attributes of law. The very idea of opposing justice and freedom is regarded as controversial. The author argues that justice must not be opposed to freedom, because this opposition does not allow to think without contradictions of the very notion of freedom. The “narrow,” socio-centrist interpretation of justice has no satisfactory theoretical justification and must be reformed. The author offers for discussion his own concept of justice in law, based on a communicative approach, dialogical methodology and the principle of mutual legal recognition. Arguments in support of this view on the nature of justice are derived not only from philosophical and sociological research but also from evolutionary theory, biology and neuroscience. The basic idea is to justify the existence of two fundamental traditional values that underlie human conceptions of justice: the value of the human person and the value of society. Their optimal coexistence is possible only on the basis of the realisation of the principle of mutual legal recognition and the mutual rights and obligations arising from it. In the realisation of this principle lies the idea of justice. Law is born not in a struggle between justice and freedom, but in a struggle for justice and freedom.

The Internal Morality of Criminal Law.

According to a popular picture, criminal law lives up to the demands of its internal morality when its norms have counterparts with the same content in morality-when it conforms to what we call the mirror principle. This article argues that the popular picture must be redrawn by relying on a second principle, which we call the instrumental principle. Criminal law conforms to the instrumental principle when the existence of its norms helps to prevent or ameliorate moral wrongdoing. Our argument is that the instrumental principle forms part of the internal morality of criminal law, and supplies a justification for criminal laws that depart from the mirror principle. We further suggest that criminal law's internal morality is asymmetrical: though departures from the mirror principle are sometimes justified by the instrumental principle, departures from the latter are not justified by the former.

Community-based justice or indigenous justice in international law: Analysis of Article 9 of ILO Convention 169

This paper deals with communal justice or indigenous justice governed by Convention No. 169 of the International Labour Organization (ILO). Article 9 of the indicated Convention is analysed describing and commenting on the different aspects or assumptions it contains about communal or indigenous justice. Likewise, this content is analysed in the doctrine and in the author’s field experience. The central question that guides the work is: How does the International Convention No. 169 of the International Labour Organization regulate communal or Indigenous justice? The answer is made through the verification of a hypothesis that raises the limits of the Article 9 of Convention 169 to understand and regulate communal or indigenous justice that is practiced in indigenous communities or peoples.

FORMAL PRINCIPLES GOVERNING GLOBAL CRIMINAL PROCEEDINGS IN THE EUROPEAN UNION AND IRAN

An important factor in enlarging a fair trial between the criminal nations, is to be represented as an onlooker on a high scale of criminal jurisdiction in the face of the present. This harmony, and the world's effects, will contain the discovery of crimes that are wanted, of grave investigation and critical hearing, like the state of organized crime and terrorism, which produce different and more important sides of criminal trials at every day. So, leaning on the criminal procedure of the Establishment Court, including the civil council of the European Union, it is possible to end the long list of the three zealot, of course, the verbatim of the Supreme Court, and the highly esteemed article 1 of the Postpone of the Convention. To be a world of independence in the judiciary of 1392 society, to be represented in the judiciary of 1392, and to have the judiciary of arms by all other instances is the effect of a criminal hearing of the age of 67 European court and of the law of Maude, of the 1392, of heads of heads of law, and of the law of judiciary, of which the law is subject to the universal law of justice. This research has been treated with a descriptive manner, and the analysis of data will be found in the form of content, or, as we see it, ' a universal result of having a sweeping and religious influence in the case of a fair trial to all over the world, and of having to accept universal laws or not.