Legislative Reform Research Articles

The Impact of Government Institutions on the Attainment of Good Governance for Sustainable Development in Nigeria Under the Buhari Administration (2015-2023)

Objective: This paper aims to present a comprehensive analysis of the impact of government institutions on the attainment of good governance for sustainable development in Nigeria during the Buhari Administration (2015-2023). It focuses on government institutions' statutory functions in relation to good governance, sustainable development policies, and legislative and policy reforms to promote good governance and sustainable development. Theoretical Framework: This study is underpinned by institutional theory, which de-emphasizes self-interest. The establishment and upkeep of governance institutions exemplify an unwavering dedication, irrespective of the outcomes. The theory of institutions elucidates the growth and structural dynamics of public sectors, drawing upon illustrative instances of successful organizations across various nations. Government institutions and state agencies in Nigeria bear the responsibility of executing good governance policies and assessing their impact on sustainable development. Method: The study employed a straightforward sampling strategy to gather data from 101 individuals from 17 government agencies in Nigeria. A questionnaire was employed as a means of data collection. The questionnaire's validation process involved using Lawshe's template, resulting in a content validity ratio (CVR) of 1. Additionally, the reliability of the questionnaire was assessed using the Cronbach alpha technique, yielding a coefficient alpha value of 0.80. The survey was conducted using a method that did not include direct contact with the participants and the data obtained was analyzed by calculating the frequency of responses and expressing them as percentages. Findings: A higher number of participants recognized their legal responsibilities in accordance with good governance. Sustainable development policies were ineffective, limiting their success. From 2015 to 2023, Buhari's policies failed to ensure lasting good governance and development. Statistical significance was established using chi-square statistics, showing a p-value of .000 (p < 0.05). Thus, effective governance duties of government institutions are linked to sustainable development policy success. Corruption, bureaucratic inefficiency, and inefficiency plague institutions seeking excellent governance for sustainable development. Conclusion: Sustainable development requires a balance between effective policies and governance structures. The Federal Republic of Nigeria's constitution requires government institutions to carefully follow their constitutional commitments.

Path creation for an electricity transition in South African tourism

Transitions to low-carbon energy are central to sustainability transitions, with electricity being a pressing current concern both in South Africa and globally. Economic, social, institutional, and political factors often make transitioning to renewable electricity particularly complex. In this article, we examine electricity transitions in tourism from a global South context, combining evolutionary economic geography (EEG) concepts with the multi-level perspective (MLP). Our findings point to strong exogenous lock-in factors working against an electricity transition in South African tourism. A historic dependence on coal, along with complex place-based factors lock the country into a carbon-intensive electricity path at the national electricity infrastructure level. In turn, these complexities adversely affect an electricity transition in the tourism sector. However, energy policy change along with innovation by tourism actors is emergent stimuli for creating low-carbon electricity paths. More specifically, recent climate change mitigation policies, the increasing unreliability of grid electricity, and legislative reforms are significant factors encouraging the renewal of the electricity system. At the same time, it is becoming more cost-effective for businesses, including tourism establishments, to install renewables. The South African case contributes to the emerging body of literature on sustainability transitions in tourism. It does this by showing that to achieve a just energy transition, proper appraisal of path-dependent structural challenges is needed to understand the nature and levels of change required.

Shortcomings of a Showpiece

Abstract The German Code of Crimes Against International Law can be considered a ‘well-crafted’ law. It has not only been put to test in practice in several high-profile cases before German Higher Regional Courts, but it also serves as a model for the implementation of international criminal law into domestic legislation. Nevertheless, 20 years after its entry into force and from a point of view of substantive law, it is possible to identify areas of the Code that are in need of legislative reform, such as sexual and reproductive crimes, crimes against the environment, the crime of aggression, war crimes against property and the applicable sentencing ranges. This article provides an overview of these areas and discusses possible ways forward.

Living in Anti‐Intellectual Times: Addressing Transgender Inclusion in Second Language Teaching and Teacher Education

AbstractAt a time of acrimonious debates globally about gender identity and expression, students who identify as transgender (including those who are nonbinary, genderqueer, and gender fluid) are particularly affected. Although erased from the curriculum, they (and the ontological challenge trans people pose to the cisheteropatriarchal gender order in general) are omnipresent in political and media discourse. This can be particularly challenging for teachers who are often unclear about the issues involved and unsure how to support these students to whom they have a duty of care. Despite decades of legislative reform across much of the world with regard to transgender rights, education sectors globally have been hesitant to include gender (and sexual) diversity in the curriculum. This article explores the complex set of reasons as to why this erasure persists in English Language Teaching. In doing so, it addresses the concepts of “reproductive futurism,” “hyper‐reactionary neoliberalism,” “postfascism,” “biological essentialism,” and the commercial logic of global edu‐business as key factors. The article concludes by considering some of the options for teaching and teacher education.

The United Nations Convention on the Rights of Persons with Disabilities and Social Work: Evidence for Impact?

The United Nations Convention on the Rights of Persons with Disabilities (hereafter CRPD) has provided a radical imperative for the reform of mental health and capacity legislation around the world. The interpretation of the CRPD has been controversial, ranging from the complete abolition of detention, forcible treatment, and substitute decision-making to accepting that elements of these measures need to be retained based on non-discriminatory criteria, additional safeguards, and a comprehensive shift towards supported decision-making. While the potential effects of the CRPD on mental health social work and social work generally are considerable given their shared commitment towards social justice, to date there has been no review of research evidence exploring their relationship. In addressing this knowledge gap, this study held a preliminary discussion with practitioners and academics at the European Association of Social Work Mental Health Special Interest Group in Amsterdam 2022, followed by a scoping literature review on the question: What impact, if any, has the CRPD had on social work practice? The review produced four main findings: impact on legislation; positive impact on practice; limited impact on practice; and impact on social work education and research. In sum, while there were some positive indications of social work and mental health social work practice being influenced by the CRPD, these were scant. Barriers to change included tendencies among some social workers to practise substitute decision-making, in part related to resourcing and policy contexts, and understandings of disability aligned to individualised/medical rather than social perspectives. The results indicate that legal reform on its own is insufficient to impact social work practice, and that realising the potential of the CRPD will necessitate good quality training, as well as improving social workers' knowledge of the human rights of people with mental impairment.

SECTION 36 OF THE LIMITATION ACT 1980

AbstractThe law concerning limitation periods has long been recognised to be unsatisfactory. One area which poses particular problems concerns whether a limitation period can apply to equitable claims “by analogy” under section 36 of the Limitation Act 1980. This article considers three relatively recent decisions of the Court of Appeal – P & O Nedlloyd BV v Arab Metals Co. (The UB Tiger) [2006] EWCA Civ 1717, [2007] 1 W.L.R. 2288, The Commissioners for Her Majesty’s Revenue and Customs v IGE USA Investments Ltd. [2021] EWCA Civ 534, [2021] Ch. 423 and The Claimants in the Royal Mail Group Litigation v Royal Mail Group Limited [2021] EWCA Civ 1173 – which illustrate that very different approaches have been taken. It is argued that The UB Tiger was wrongly decided, or at least should be limited to specific performance, and revives calls for legislative reform.

The case for change: Reviewing the Disability Discrimination Act

This article pays respect to the role of the Disability Discrimination Act (DDA) in revolutionising the rights of people with disabilities in Australia but makes the case for law reform of this landmark legislation. In analysing the successes and failures of the DDA, we provide a clear roadmap to reform the DDA toward a modern realisation of disability rights in Australia.

Judge’s discretion in ensuring human rights and freedoms: the significance of the legal position

The article is devoted to the analysis of the judge’s discretion in ensuring human rights and freedoms and the study of the significance of the legal position of the Supreme Court. It has been established that the purpose of the Supreme Court as the highest judicial institution in Ukraine is, first of all, the formation of a justified legal position regarding the application by all courts in the further work of a specific norm of substantive law or compliance with a norm of procedural law that was incorrectly used, and thus directing practice into a unified and proper enforcement. The legal positions of the Supreme Court have a more complex nature, as there is a clear awareness of the tasks of this body as a key subject in the formation of the unity of national judicial practice. The legal literature was studied, which currently discusses the problem of deviating from the legal positions expressed earlier, whereas it is at the level of higher courts that the problem of unanimous application of legal norms by courts in similar legal relations should be resolved. The institution of departure from the pre-legal position is quite an interesting phenomenon and become widely in recent years, and this problem is connected, perhaps, with the reform of procedural legislation. It was established that a massive departure from previous legal positions violates the standards of consistency of judicial practice, and the requirement of legal certainty appeals precisely to the standards of consistency of judicial practice, according to which courts must make similar decisions in similar cases under the same factual conditions. Constancy of judicial practice means that a series of previously adopted and agreed court decisions is a convincing proof of the correct interpretation of the legal norm. Since the legislator has not establish the binding nature of previously adopted resolutions of the Supreme Court of Ukraine, however, the possibility of deviating from them is provided only to the court of cassation instance of the Supreme Court. Deviating from the legal position, the court must provide a serious and convincing argument, since there has to be valid and reasonable grounds for a different application of the law’s prescription in the same (or similar) situation with a similar legal structure. It was concluded that the principles that are guided by judges when making each specific decision and forming the corresponding legal position, namely the principles of the rule of law, justice and legality, are of particular importance.

The principles of justice and reasonable period in commercial procedure: the impact of the provisions of the European convention on human rights and the decisions of the European court of human rights on their implementation

The article is devoted to the study of the principles of judicial procedure enshrined in the European Convention on Human Rights, their impact on the implementation of commercial procedure in Ukraine, in particular, the standards of fair justice. The purpose of the article is to generalize and systematize approaches that exist in legal doctrine and law enforcement practice regarding the subject of research. The study of the principles of judicial procedure enshrined in the European Convention on Human Rights, the directions of their impact on the implementation of economic justice in Ukraine, including the standards of fair justice, is necessary and relevant for the further reform of economic procedural legislation.
 The article examines in detail the issue of the implementation of the principles of justice and reasonable terms of justice in economic litigation based on already existing scientific developments and current legislation. The methods used in the research allowed the author to come to the following conclusions. Legal mechanisms that ensure the implementation and protection of the evolutionary ideas of the fairness of justice are of crucial importance for the understanding by the participants of court proceedings of the very content of the economic process, the observance by the court and other participants of economic proceedings of the rights and freedoms established by law, the decision-making algorithm, which must meet the criteria of transparency and honesty and expediency, as well as understanding the controllability of the specified processes. As for the principle of a reasonable period, based on the positions of the researchers, it was determined that a reasonable period is considered as an objective (i.e. impartial, free from biased and subjective attitude) period necessary for the performance of all necessary procedural actions in economic litigation. A reasonable term is a period of time when court proceedings are objective in nature without significantly exceeding the framework established by law. The results of the research show that the practical judicial guidelines on the application of the principles of the European Convention on Human Rights and its fundamental freedoms, which are contained in the decisions of the European Court of Human Rights, contribute to the consistency of the approach of various national legal systems to the application of justice standards, including in commercial litigation.

PREVENCIJA I MIRNO RJEŠAVANJE RADNIH SPOROVA U FEDERACIJI BOSNE I HERCEGOVINE

Procedures and mechanisms for effective prevention and peaceful resolution of la- bor disputes are of key importance for promoting healthy labor relations, ensuring a functional labor management system and improving access to justice, for employers as well as for workers. On the other hand, the peaceful resolution of labor disputes has multiple significance for the state as well, as it leads to the relief of the courts from lengthy procedures, but also to an increase in the efficiency of the work of the judiciary in a wider context. Peaceful resolution implies “out-of-court” alternative options for resolving labor disputes, i.e. conciliation, mediation and arbitration. A significant progress in the reform and modernization of labor legislation in the Fede- ration of Bosnia and Herzegovina is the adoption of the Law on Peaceful Resolution of Labor Disputes from 2021. This paper aims to present an analysis of the aforementi- oned Law, but at the same time points out the importance of applying indispensable instruments and standards in the process of prevention and peaceful resolution of labor disputes, established in the conventions and recommendations of the Interna- tional Labour Organization. In sense of the increasing digitization of many aspects of social life, which has also affected the field of law, the paper will briefly analyze relatively recent phenomenon of online dispute resolution. Ultimately, the paper will offer de lege ferenda proposals in order to further improve the institute of peaceful resolution of labor disputes in the Federation of Bosnia and Herzegovina. Key words: labor dispute, prevention, peaceful resolution, conciliation, arbitration

Modernizing Non-Profit Law in Canada

Non-profit corporations benefit from significant tax subsidies, but they are largely regulated by corporate statutes rather than tax law. Recent legislative reforms in Canada have sought to modernize non-profit statutes to reflect the changing non-profit sector, with a focus on increasing accountability and fairness. Yet, despite the increasingly national reach of non-profits, governance and financial transparency requirements can differ considerably between jurisdictions. This article compares non-profit rules about directors and financial review in Alberta, British Columbia, Ontario, and federally. It demonstrates how modern non-profit law reforms make regulatory choices about governance and financial transparency requirements based on local policy priorities. The article then uses tax expenditure analysis to argue for a national perspective that considers the different regulatory burdens facing non-profits receiving the same federal tax subsidies. It finds that inconsistent rules between jurisdictions raise significant accountability and fairness concerns. For smaller non-profits, uninformed incorporation choices may result in a higher compliance burden. For non-profits seeking a lighter regulatory load, the uneven regulatory landscape may lead to jurisdiction shopping. The article argues that the increased harmonization of non-profit law across Canada is key to continuing the work of modernizing non-profit law. It concludes by identifying potential law reforms and their limitations.

PROTECTING THE RIGHTS OF MINORS IN THE NEW UZBEKISTAN IS THE MAIN CONDITION FOR BUILDING A JUST SOCIETY

This article emphasizes the crucial role of safeguarding the rights of minors in the construction of a fair and equitable society in Uzbekistan. As the nation undergoes significant transformations, it is imperative to prioritize the well-being and development of its young citizens. By examining the legal framework and social initiatives aimed at protecting minors, this study seeks to shed light on the importance of their rights and the impact they have on the overall fabric of society. The article underscores the multifaceted nature of minors' rights, encompassing education, health, protection against exploitation, and access to justice. It explores the progress made in Uzbekistan's child protection efforts, including legislative reforms, institutional advancements, and community-based interventions. Furthermore, it highlights the challenges and gaps that persist, such as addressing child labor, enhancing access to quality education, and tackling gender disparities. The article argues that by prioritizing therights of minors, Uzbekistan can foster a just society that nurtures the potential of its future generations, ensuring their well-rounded development and active participation in the nation's progress. The findings underscore the need for continued commitment from policymakers, civil society organizations, and the wider community to create an environment where every child's rights are protected, enabling them to thrive and contribute meaningfully to Uzbekistan's inclusive and prosperous future.

Derecho Penal y Políticas de Seguridad en Ecuador: Análisis de la Eficacia

The analysis of the effectiveness of Ecuador's criminal law and security policies highlights both advances and persistent challenges in the fight against crime. Legislative reforms between 2021 and 2023 focused on increasing penalties for violent crimes, implementing stricter laws against organized crime, and aligning legislation with international standards. Although these measures have shown positive results, such as a reduction in robberies and kidnappings in certain areas, the perception of insecurity among the population remains high. Police training and professionalization have improved their competence, but the lack of coordination between government and judicial entities limits the effectiveness of security policies. Socioeconomic and cultural factors, such as economic inequality, insufficient education and prevention programs, and the normalization of violence, also play a crucial role in perpetuating crime. Prison overcrowding, lack of rehabilitation and reintegration programs, and corruption in the judicial system are additional challenges. The adoption of modern technologies offers opportunities to improve the effectiveness of the criminal justice system but requires careful implementation and protection of privacy rights.

감사원 직무감찰의 개선에 관한 연구

Recently, the Civil Rights Commission Collisions between the election management committee and auditors, and adverse effects due to duplicate audits with auditing organizations, With the enactment of the “Public Audit Law” and the “Special Law on Local Autonomy Decentralization and Regional Balanced Development”. Due to the rapid changes in the audit and administrative environment, the reform of the existing audit system can no longer be postponed. The Board of Audit and Inspection's job inspection establishes discipline in public office by eliminating control over state power and corruption. It plays an important role in national audit activities. In terms of job inspection, In addition to the legality audit, there is a suitability audit. “Special Act on Decentralization of Local Autonomy and Reorganization of Local Administrative System” With the enactment of, the administrative affairs of local governments have been abolished, and only the administrative affairs of local governments have been abolished.
 As for self-government affairs, there is a possibility of infringing the essence of autonomy, so a purposeful audit of the central administrative agency should be conducted. Denial is reasonable. Of job inspections, interpersonal inspections are used to ensure democratic control and responsibility.
 Expanding the scope of job inspections, the purpose of administrative affairs inspections will be closely related to auditing results of audits. Therefore, it is desirable to combine administrative audits with accounting audits.
 In order to ensure the effectiveness of the results, it is necessary to overcome the functional, political, ceremonial and scope limitations of the duty inspection.
 And financial application rights, indictment jury rights, investigative rights, etc. should be considered. Also includes self-audit, Auditing bodies ensure unrestricted access to information and audit findings and reports and audits to Congress and the general public.
 It is necessary to set up institutional devices such as checking the status of result disposition and audit monitoring.
 Meanwhile, while strengthening the position of the Audit & Supervisory Board Members as the highest auditing body, we will strengthen the self-audit system, which is an internal control system.
 Auditors are encouraged to switch to a guardianship audit. I would like to see the legislative reform so that the employees can discuss and coordinate as the highest auditing body. Inspection by Audit & Supervisory Board Members.
 but, If the independence of the Board of Audit and Supervisory Board is not guaranteed, the establishment and effectiveness of the guardianship audit system of the Board.
 It will not be able to secure it and will not be able to smoothly perform its functions of cooperation and coordination as the Supreme Oversight Body.

87년 헌법 개정론의 의의와 한계

There is a need for a sequential and gradual process of constitutional reform, with targets that reflect the strong need for constitutional reform and the level of consensus at various levels.
 It is also necessary to respond to the fact that the flawed political representation system has been an essential problem of the 1987 Constitution. That is, efforts should be made not only to emphasize representation in the constitutional revision process, but also to ensure sufficient participation of the people, who hold the authorship of the constitution, in accordance with the principle of sovereign people, which is the highest principle for the formation of national power structure. As a realistic alternative, it is necessary to actively embrace the civic and deliberative public debate system in the constitutional amendment process rather than the traditional method. This can be achieved to a certain extent through legislative reforms such as the Constitutional Amendment Procedure Act or the Referendum Act, rather than constitutional amendments.
 In the end, we believe that sequential partial constitutional amendments, along with the democratic institutionalization of the constitutional amendment process, including the introduction of a deliberative public debate system, is a realistic alternative to inherit the achievements of the 1987 Constitution, improve its shortcomings, and build a new level of democratic republic.

La riforma europea della legislazione farmaceutica

The European reform of pharmaceutical legislation: more available, more affordable and more innovative medicines: dream or reality?

M. M. Speransky’s Administrative Reform Projects in a Comparative Retrospective of the Reigns of Alexander I and Nicholas I

This article studies the reforms and reformist searches in the sphere of public administration during the reign of Alexander I and the beginning of the reign of Nicholas I, the successive and distinctive features of the government reform policy in the context of the project activity of M. M. Speransky. The author focuses on determining the reasons for the actualization of transformations in the system of the higher and central apparatus between 1802 and the early 1830s, analysing the specifics of the modernization process in different periods of the institutional development of Russia, identifying similarities and differences in the “administrative structure” of Alexander I and Nicholas I. It has been established that, in general, the official reformation in the field of public administration in the first third of the nineteenth century, based on the theoretical and conceptual framework developed by M. M. Speransky, was consistent, systemic, and interconnected and was an integral part of the modernization of Russian statehood. The author demonstrates that the transformational searches of the beginning of the reign of Nicholas I reflected in the activities of the Committee on December 6, 1826, and being a logical continuation of the reforms of Alexander I, were aimed at creating an effective, unified, and rationalized management system of absolutism of the New Age. The administrative transformations of the two epochs were subject to legislative reform and were an integral part of two models of relations between the government and society, Alexander and Nicholas, respectively.

VOCATIONAL EDUCATION REFORM IN GEORGIA: CHALLENGES AND OPPORTUNITIES

Perfection of the education and science system is one of the necessary conditions for the labor force formation corresponding to the labor market requirements in Georgia, their employment and the country's sustainable economic development. Along with basic and higher education, vocational education occupies a significant place in the education system of Georgia. Vocational education represents the most favorable opportunity for professional training and retraining of the workforce in a short period with fewer costs, which in turn ensures the reduction of unemployment and social inequality in the country and decent employment.Vocational education is a significant priority of the Government of Georgia. The system is actively being reformed, the main goal of which is to modernize the vocational education system and bring it closer to the vocational education and training structures of the European Union.Based on the quantitative-statistical and qualitative research methods, the main challenges of the vocational education system are identified in the paper, the main priorities of vocational education reform and new regulatory legislation are analyzed, the development possibilities of the vocational education system have been evaluated, and recommendations have been developed to increase the effectiveness of vocational education.

Multi-level protection of rights: India's Mental Healthcare Act, 2017 and the United Nations' Convention on the Rights of Persons with Disabilities (Articles 12 and 14)

Mental health law is a feature of mental health systems around the world, so legislative reform is an important way to advance compliance with the United Nations' Convention on the Rights of Persons with Disabilities (CRPD). This paper provides an overview of India's Mental Healthcare Act, 2017 in the context of Articles 12 (‘Equal recognition before the law’) and 14 (‘Liberty and security of person’). Notwithstanding the potential of law to produce change, exclusive or disproportionate emphasis on law draws attention from other areas in need of equal if not greater reform, such as public education, mental health services, physical healthcare, social care networks, criminal justice systems, and gathering political backing for the profound reforms needed to transform the socio-economic landscapes in which mental illness develops, diagnoses are made, treatment is provided (or not provided), recovery occurs (or does not occur), and social citizenship is protected and promoted (or eroded and obstructed). There is a particular issue with misunderstandings of psychiatry in academic discussions of mental health legislation which appears to stem from lack of engagement with the full diversity of service-user views and the evidence base for psychiatric care. Greater recognition of upstream factors that shape both suffering and services would acknowledge that the decisions of politicians and service managers have a much greater impact on rights, especially the right to treatment and support, than the decisions of individual clinicians whose options are often very limited at the level of individual care. India's legislation seeks to address not only individual-level care, but also this higher level of reform through its articulation of an explicit ‘right to access mental healthcare and treatment’. Similar multi-level legislative reform elsewhere would increase cooperation from all stakeholders, improve compliance with the CRPD, and help move towards zero coercion in mental health services.

Food security of Ukraine: national and global level

The aim of this paper is to examine the level of food security in Ukraine in comparison to global regions and European countries in the context of the COVID-19 pandemic and the Russian-Ukrainian war. For this purpose a variety of indicators were examined including population dynamics, food balance, FAO indicators and the Global Food Security Index. The results show that in spite of its agricultural potential Ukraine is behind the global and European indicators of food security with the exception of fish products. Barriers to achieving high levels of food security include incomplete legislative reforms, inadequate funding, infrastructure deficiencies, corruption and non-compliance with standards. International cooperation and improved national and regional strategies are needed to overcome the consequences of the war.