Role Of Legislation Research Articles

Zum Reformbedarf bei der Personalwahl in den Wahlkreisen: Anmerkungen zur umstrittenen Wahlrechtsänderung

In March 2023, the German Bundestag passed legislation to reform the electoral law with the votes of the governing coalition of SPD, Greens and FDP to prevent the parliament from growing beyond its regular number of seats . Contrary to an initial draft bill from January 2023, the base mandate clause (Grundmandatsklausel) was also abolished, not only overhang seats and compensatory seats . This amendment, which was included in the bill at short notice, reduces the electoral chances of smaller parties with regional strongholds . It therefore prevented support from the Left party and any conceivable agreement with the CDU/CSU . Passing an electoral system into law with only a simple parliamentary majority calls for particular attention that the new system is equally fair for all parties . The impression that tactical political considerations may have influenced the governing parties jeopardizes the acceptance of this controversial electoral law reform . The abolishment of the base mandate clause impairs the democratic principle of representing the political will expressed in an election . This major legislative change is neither justified by the logic of the new electoral system, nor is it directly related to the declared aim of reducing the number of seats in the Bundestag . Without comparable compensation the electoral reform remains open to constitutional challenge . The reform refrains from clarifying the legislative role of an electoral system combining personal and proportional representation . The disputes about overhang seats and the base mandate clause shows, however, that personal representation within the electoral system is in need of reform .

The Effects of Climate Change on Employment Relations in Zimbabwe

In this article, I focus on climate change in the context of employment relations in Zimbabwe. I seek to establish the relationship between climate change and employment through exploring the impact that climate change has on selected sectors and subsequently on the labour market. The literature reviewed established a link between climate change and employment relations as a significant number of jobs worldwide are dependent on ecosystems. A qualitative research approach was used to gather information relating to key economic sectors affected by climate change in Zimbabwe. The National Employment Councils on the identified sectors were selected using purposive sampling. In this study, I adopt a qualitative research methodology relying on face-to-face interviews with 21 respondents participating from a sample frame of 72 participants. The interview data collected from the respondents were analysed using a thematic approach and coding. The findings of the study indicate that climate change has led to unfavourable working conditions, a decline in productivity, loss of employment and gender disparities at the workplace. Consequently, worker rights and human rights issues arise necessitating the interrogation of the role of trade unions, the labour and climate legislation, related policies and institutions. The article brings out a new dimension in Zimbabwe’s employment relations as climate change issues in employment relations have not yet been fully explored. I recommend an integration of climate change and employment policies to facilitate justification and adaptation strategies which support an environment that is conducive to industrial relations.

KAJIAN PENGAWASAN KONSTRUKSI PADA KEGAGALAN BANGUNAN DALAM PEMBANGUNAN GEDUNG BERTINGKAT TINGGI

ABSTRACT The essence of the research problem is how to obtain answers to research results related to construction supervision studies on building failures in construction work by obtaining answers to the following questions: development in general? Second, how is the legal protection for the community for building failure in construction work which causes harm to the community in connection with construction supervision responsibilities? Third, how is the settlement of legal disputes over building failures in construction work in Indonesia when linked to construction supervision rights? The research approach used and the development of the framework of thought in this study are based on a normative juridical approach by conducting an assessment of laws and regulations on building construction and construction, while the research method is a comparative method of various legal policies in several countries that regulate the pattern of interaction of development activities starting from the development stage. Preparation /planning to the stage of use. The findings in this study found that there is a role for legislation relating to construction supervision services in preventing building failures in building work.

Pancasila Law State As An Instrument Of Indonesian Legal Politics: Efforts To Achieve A Just Indonesian Legal State

The law is actually present for humans, and not the other way around. This means that the law must be able to meet the human needs that are purposeful and boil down to the end of the whole substantive justice. Pancasila has accommodated that spirit as a whole, the second and fifth precepts are the two. Precepts of Pancasila expressly carry the spirit of justice as one of its main pillars. This normative juridical paper uses 2 research approach methods, namely the statute approach and he historical approach. The data used in this study are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials that are processed through 3 phases of processing data, namely data reduction, presentation and verification. Law enforcement, especially judges, have an important role in carrying out and building the legal structure of the Pancasila Law State, one of the main spearheads is social justice (justice for people) with rule breaking efforts. The spirit that law enforcement should have should not be solely according to the legal way but rather refer to the reasonable way. The legislators also play an important role, the stages and process of legislation are one part of the frame of the fundamental structure of the Pancasila Law State because at thes tage of the spirit of the regulation is formed.

The concept structure and main characteristics of environmental law and order

In this study, the authors analyze and consider the concept, its legal and methodological aspects, the structure and internal content of environmental law and order, which is one of the main elements enshrined in the basic law of the country. In the epoch of the Anthropocene, environmental legislation and management in the sphere of interaction between society and nature are quite naturally changing. The authors believe that in the new realities of the changing dynamics of environmental management, the role of studying the legal content and structure of environmental law and order is especially relevant. The problems of national environmental legislation, its relevance, timeliness and the necessary coverage of regulatory norms, relevant public relations raises some questions. Such as, and how effective is the social, legal provision of environmental safety in the new realities of environmental threats. For example, environmental man-made disasters, natural disasters caused by global warming, the greenhouse effect, a sharp deterioration in the quantitative and qualitative state of atmospheric air, the ongoing pollution of the oceans and water resources in general, the shortage of drinking water and, significantly, global depletion and the real threat of pollution of the earth. In this regard, we can conclude that there is a "paradigm shift" both in national environmental legislation and in the theoretical aspects of environmental law, the state-legal mechanism of management, and also recognizes the need for a new role in environmental legislation and in the theoretical aspects of environmental law, allowing it to quickly and effectively meet the new dynamics of the changing context of environmental law. There is an urgent need at the present stage of development to increase the growing level of ecological legal awareness of the individual as an element of ecological law and order. Keywords: environmental law, environmental awareness, environmental law and order, environmental protection, environmental education.

COMPARATIVE ANALYSIS OF THE LEGAL REGULATION OF ORGAN DONATION IN THE RUSSIAN FEDERATION, SWITZERLAND AND THE UNITED STATES OF AMERICA

For a long time, the transplantation of organs and tissues from one person to another has remained an unsolvable medical problem. Nowadays, donor organ transplantation is a common and successful way to treat patients with terminal organ failure, which undoubtedly makes it more in demand. The largest percentage of all organ transplants involves transplants from people who have already died. In this regard, an important issue is the possibility for a person to express his or her will regarding the posthumous removal of organs for transplantation, and the mechanisms and possibilities of this expression of will as such. The article deals with the provisions of Russian, US and Swiss legislation regulating the organization and functioning of the organ transplantation system in each country; legal relations in the field of organ and tissue transplantation as well as the mechanisms of citizens' will regarding the posthumous removal of organs and tissues for transplantation purposes. Legal problems of realization of such will in the Russian Federation are covered. The ways of solving the arising problems are offered. The role of legislation, including the presumption on the removal of organs, and other factors influencing the increase in the number of transplantations carried out in the country are considered.

Making Parenting Leave Accessible to Fathers: Political Actors and New Social Rights, 1965–2016

Abstract In recent decades, governments have created and expanded paid leave rights for fathers, but policies have developed along different timelines and trajectories. Using event history methods, this research investigates the timing of fathers’ leave rights adoption across twenty-two countries from 1965 to 2016. With a focus on “first laws,” the findings support explanations of family policy development that emphasize political actors. Specifically, results suggest leftist parties and institutions are important for the adoption of nontransferable leave, a hallmark of gender egalitarian family policy models. However, new leave rights-adoption is sensitive to incremental increases in confessional-right party power, indicating possible negotiations between partisan actors. Finally, results suggest a role for women lawmakers but only for transferable parenting leave, which is often taken by mothers, complicating previous research on the role of women lawmakers in family policy development. Overall, results underscore the need to distinguish between social provisions when examining their drivers.

Women’s Representation in County Assemblies: A Study on Kenya’s Elected County Assembly Members

Local governments offer opportunities for diverse groups of women in political participation, as well as their roles as local leaders in ensuring sustainable development. Within the context of gender mainstreaming, this study examined how the backgrounds of women such as social status, pre-elective occupations, age, educational background and religion, contributed to their access to legislative roles within Kenya’s county assemblies. Using the 2013 and 2017 election data, results showed that of the five variables, the religious background of women had the lowest effect on their election and legislative participation. Though there are constitutional and institutional structures put in place to promote women participation in elective politics, there’s still need for enhanced awareness on the legislative and decision-making role of elected women leaders. This study contributes to a comprehensive view of women’s political participation and a narrative shift from national to local decision-making power, which is a critical level of governance.

Colonial Britain's Convict Labour Policies and the Cape Colony, 1806-1899

This article evaluates how convict labour alleviated labour shortages experienced in the Cape Colony from 1806 to 1899. It explores and evaluates Britain's significant impact on labour policies followed in the Cape Colony and focuses on the imperial government's role in developing legislation and procedures regarding management and transportation of convicts. It also considers the influence of nineteenth century policies of convict control in Britain, and the application of these policies and labour regimes in the Cape Colony. The article describes convict transportation, anti-convict agitation by Cape colonists and the economic significance of convict labour and public works projects. Finally, the convict lease system - the practice of hiring convicts to mines and to farmers - and Cape labour legislation's role in increasing the convict labour force through criminal sanctions will be examined.

Creating a Constitutional Absolute Monarchy: Li Jiaju, Dashou, and Late Qing Interpretations of the Japanese Parliament

This paper explores interpretations of the Japanese parliament by governmental actors in the Qing empire, most importantly the commissioners for constitutional research Li Jiaju 李家駒 (1871–1938) and Dashou 達壽 (1870–1939). It shows that, within a theoretical framework formed in dialogue with their Japanese constitutionalist colleagues, these actors came to understand the Japanese parliament as an organ possessing tightly limited attributions gifted by the emperor. They maintained that the constitutional system should not be parliamentary, although the parliament was one of its necessary elements. Rather, it should be based on an imperially authorised constitutional document and a form of government centred on the figure of the emperor, in which the parliament would play a consultative rather than legislative role. Ultimately, the article shows that, within a Eurasia-wide wave of imperial transformation in which officials envisioned parliaments mainly as organs designed to increase governmental efficiency, political actors like Li Jiaju and Dashou creatively adapted categories of political science to their own political needs.

Some Assembly Required: Explaining Variations in Legislative Oversight over the Armed Forces

AbstractLegislatures vary widely in how they affect democratic civil–military relations. In some countries, legislative oversight plays a critical role in guiding their defense establishment. In others, legislators are largely ignorant and happily so. In this article, we explain the sources of these variations in fifteen democratic states. After discussing the importance of the legislature's role in democratic civil–military relations, we clarify what we mean by oversight. We argue that variations in oversight are explained by the number and scope of legislative committees charged with military oversight and party politics within those committees. After reviewing alternative explanations, we present oversight patterns in fifteen democratic countries across the world. We then briefly examine Germany's Bundestag and Japan's Diet, as the comparison of these cases challenges most existing explanations of legislative oversight and serve as hard cases for our argument. We conclude with implications of legislative oversight for broader debates about civilian control of the military.

Determinants of Voting on Education Savings Accounts: Evidence from Tennessee

ABSTRACT Tennessee passed voucher-style Education Savings Account (ESA) legislation in 2019. We analyze the roll call vote in the Tennessee House to better understand the role of constituent, legislator, and special interest influences on support for school choice. This is accomplished using a binary probit model with legislator vote as the dependent variable. We find that legislator voting behavior in this context is most significantly determined by party affiliation and the presence of campaign funding from the Tennessee Education Association (TEA) rather than the demographic characteristics of their constituents.

Career opportunity of whistle-blower in the workplace: the role of privacy legislation and supervisor support

PurposeThis study aims to explain the interaction of perceived privacy legislation on the relationship between affective commitment and whistle-blowing. Additionally, it seeks to determine the consequences of whistle-blowing on employee careers moderated by perceived supervisor support in government organizations. Design/methodology/approachA Moderated Regression Analysis was used to analyze survey data from 411 local government employees in West Java, Indonesia. FindingsThe result found a positive relationship between affective commitment and whistle-blowing. Perceived privacy legislation also had a significant moderating effect on the correlation between the two variables. Furthermore, whistle-blowing found a positive relationship with career opportunities, moderated by perceived supervisor support. Originality/valueThe finding may contribute to the extension of scientific literature by making privacy legislation a moderator with the potential to increase employee affective commitment to whistle-blowing behavior. It determines the relationship between whistle-blowing on employee careers opportunity moderated by perceived supervisor support. In contrast, previous studies only focused on factors influencing whistle-blowing behavior.

The Role of Legislators and Budget Process in Nigeria

This study examined the role of the legislators and budget process in Nigeria. For the objective of the study to be achieved, the study embraces the library research which involves a review of extant literature and this forms the basis for drawing up the conclusion. Flowing from the review, the study shows that argument has been raised by several analysts that legislative oversight committees have found not to be very effective in stimulating Ministries, Departments and Agencies (MDAs) for budget outcomes attainment. The argument is that oversight activities are used by some legislative committees to intimidate rather than encouraging (MDAs) to perform at the optimum levels especially in the areas of budget implementation. The study therefore recommends that the legislators in the Nigeria budget process should ensure that the MDAs make proper use of the funds allocated to them efficiently and effectively with a view to preventing careless spending, diversion as well as the misappropriation of public funds. The oversight activities of the legislative committees should be used to encourage MDAs to perform at the optimum levels especially in the areas of budget implementation and not to intimidate.

The Role of Arab and International Legal Legislations in Curbing Rumours

The Role of Arab and International Legal Legislations in Curbing Rumours

Climate-Smart Agriculture in African Countries: A Review of Strategies and Impacts on Smallholder Farmers

The agricultural sector contributes approximately 10–20% of the total anthropogenic greenhouse gas (GHGs) emissions. Consequently, climate change can negatively affect crop yields and livestock production thus threatening food security, especially in a vulnerable continent like Africa. This review provides an overview of climate-smart agriculture (CSA) practices and their impacts on smallholder farmers in five African countries (Algeria, Senegal, Benin, Nigeria and Zambia). A total of 164 published articles on CSA practices were reviewed. Analysis of extracted data showed that CSA practices are classified as follows: agricultural practices, restoration practices of degraded lands, forest and cropland regeneration practices, practices in the livestock sub-sector, water resources and use of weather and climate information services. Moreover, climate change effects differed alongside strategies adapted from one country to another. Adoption of these strategies was often influenced by financial means put in place by governments, the role of policy legislation, access to climate information and farmers’ intellectual level. To address this deficiency, scientific-outcome-based research should be used to increase the effectiveness of climate adaptation management programs. In conclusion, to enhance the uptake of climate-smart agricultural practices in Africa, this review recommends the use of scientific-research-driven adaptation measures and prioritization of climate change in governments’ agendas.

Banking on meps? The Strategic and Partisan Motivations for the Parliamentary Scrutiny of the European Central Bank

Abstract At a time when legislative powers are being undermined by strengthened executives, oversight has become a core function of parliaments throughout the democratic world. In the European Parliament (ep), whose legislative role has been enhanced throughout the integration process, a significant proportion of the activities of its members is devoted to their broad ‘functions of political control’ on the EU’s executive institutions (art. 14 teu). The ways in which Members of the European Parliament (meps) exercise these functions and how the EU political system is impacted in turn remains, however, an under-researched topic. Focusing specifically on parliamentary questions, this article investigates the day-to-day interactions between the ep and one major EU institution, namely the European Central Bank (ecb). It seeks to establish what motivates meps questions concerning monetary and financial policies. Relying on a new dataset, we find evidence that meps’ questions to the ecb are subject to both strategic and partisan considerations.

Evaluating the performance of the Parliamentary Youth and Sports Committee from the point of view of Iraqi sports organizations

The importance of the study lies in identifying the level of performance of the Youth and Sports Committee in the Iraqi Parliament in the legislative, supervisory and representative aspects of what they represent. The research aims to: 1- Preparing a questionnaire to identify the performance of the Parliamentary Youth and Sports Committee from the legislative, supervisory and representative side. 2- Identifying the level of organizational performance. The research community included the heads of Iraqi sports organizations and institutions (the Iraqi Ministry of Youth and Sports, the Iraqi National Olympic Committee and its affiliated Olympic and Non-Olympic Sports Federations, the Iraqi National Paralympic Committee and its affiliated federations, and non-institutional Iraqi sports clubs). The most important conclusions were: 1 The level of the parliamentary role of the Youth and Sports Committee was an average. 2. The legislative role has been ranked first of the Youth and Sports Committee and a good level. 3. The supervisory role of the Young Commission and Sport and average level came. 4. Resolving the representative role of the Young Al Shabab and Sports Committee III and average level. The most important recommendations were: 1. At the presidency of the House of Representatives to direct and follow up the work of the Youth and Sports Commission to promote its performance, better in the (legislative, supervisory, and representative). 2. Representatives of Iraqi sports organizations participate in the discussions of legislation or amendment of sports laws. 3. Pay great importance to the representative role of members of the Youth and Sports Committee through their visits and presence in the activities of Iraqi sports organizations

Bioethics and Civic Education in a Post-Roe America.

This essay explores how bioethics as a field, rather than as a collection of individual efforts by bioethicists working within it, can inform deliberation on matters of bioethical import that, for better or worse, are in the hands of civic processes. It is motivated by the repeal of a constitutional protection of abortion access in the Supreme Court Dobbs v. Jackson Women's Health Organization decision, which effectively returned abortion regulations to states rather than setting a baseline federal protection of abortion access up to fetal viability. Given the outsized role of local legislators in shaping health-care policy through legislation, about abortion as well as other health topics, the author proposes foundational bioethical education for legislators and considers two potential models for such education: one that operates on a clinical ethics consultation model, and one that mirrors bioethical coursework taught in traditional academic settings but modified for a legislator audience. Although both models present notable challenges requiring further conceptualization and problem-solving, overcoming these hurdles would enable bioethics to provide a service to civic learning and placemaking that would complement advocacy or lobbying efforts by individual bioethicists.

Challenges and advocated solutions for environmental protection legislation for building infrastructure projects in developing countries: Evidence from Zambia

Environment protection legislation is often inadequate and poorly implemented in Africa even though literature shows that it is important for environmental protection. Furthermore, there is a paucity of studies which examine the catalytic role of legislation in the building infrastructure sustainability agenda. Therefore, to bridge that knowledge gap, this study examined the adequacy of environment protection legislation for building infrastructure projects in Zambia and their associated challenges and solutions. The study used an exploratory qualitative approach using semi-structured interviews with key stakeholders on environment protection. The study theorises that environment protection legislation in Zambia is fairly adequate but with inadequacies in its implementation, some with omitted content, and poor understanding of the importance of environment protection. Solutions include increasing the level of implementation of the legislation and championing awareness of the importance of protecting the environment. The findings have implications for sustainability transitioning in Africa.