Role Of Legislation Research Articles

The Evolution and Challenges of Women Legislators in Bihar: A Historical Analysis

This paper explores the role of women legislators in Bihar, India, from the first general election in 1952 to the present. It examines how women’s participation in the state assembly has changed over time and the challenges they have faced. In the early years, women had very limited representation in Bihar’s politics, mainly due to patriarchal norms, caste discrimination, and a lack of political opportunities. The 73rd and 74th Constitutional Amendments in the 1990s, which introduced reservations for women in local governance, helped increase their participation, particularly at the grassroots level. However, at the state level, progress has been slow. As of 2020, women held only 10.7% of seats in the Bihar Legislative Assembly. Despite these challenges, women legislators have made important contributions, especially in areas like education, healthcare, and social welfare. This study also highlights barriers such as caste and gender bias, financial limitations, and a lack of support from political parties. Finally, the paper suggests policy changes, such as stronger reservation enforcement and more support for women candidates, to improve women’s representation in Bihar. Women in politics, Bihar, Political representation, Gender inequality

Europe’s legal revolution and France’s Article 49-3: the constitutional audacity of Robert Lecourt

Abstract The European Legal order, created by the European Court of Justice [ECJ], is an astonishingly effective treaty enforcement system. Previous explanations of its ‘transnational’ or ‘constitutional’ development have focused on the politics of judicial networks, and the wider political and economic context of postwar European democracy. Judicial biography has been almost entirely overlooked, even in the case of Robert Lecourt, widely acknowledged as the leading judge in the Court’s revolutionary period. Unknown to research on the ECJ, however, Lecourt had already spearheaded the adoption of the famous Article 49-3 of France’s 1958 Constitution. This paper demonstrates that the constitutional doctrines of European law and Article 49-3 were in fact premised on a similar ideology, that the pursuit of ‘effectiveness’ may require unprecedented restrictions on the traditional law-making role of national parliaments. Those were the constitutional values of the judge that, more than any other, built the foundations of the European legal order.

The Court of Justice in Staatsanwaltschaft Berlin v. M.N. (EncroChat): From cross-border, data-driven police investigations to evidence admissibility

The ruling of the Grand Chamber of the Court of Justice of the EU (CJEU) in Case C-670/22 Staatsanwaltschaft Berlin v. M.N. addresses the realities of data-driven police investigations in the light of the Directive 2014/41/EU on the European Investigation Order (EIO Directive). In particular, it examines the cross-border, digital investigation of the encrypted communication network EncroChat and the use and sharing of intercepted telecommunication data in criminal proceedings. In doing so, the CJEU offers clarifications as to the interpretation of the term ‘issuing authority’ under the EIO Directive and the proportionality requirements for issuing an EIO, taking into account its prior jurisprudence on the implications of access to traffic and location data for the private life of the persons concerned. More importantly, this CJEU ruling takes a stand on admissibility of intercepted data as evidence in criminal proceedings, considering the technical complexity of contemporary investigation measures and the secrecy of said police methods. Overall, although this judgment seems to hold no great surprises regarding the interpretation of the EIO Directive's provisions, it underscores the important role of the national legislator and national courts in striking the right balance between rearing the rewards of data-driven policing and safeguarding defence rights.

The problem of complex legislation

Abstract It has long been said that legislation ought to be knowable: accessible, comprehensible, and so forth. This is often described as an essential element of the rule of law. But in many legal systems, legislation has become so voluminous and complex that few people know its content. Rather than admit that the rule of law has been compromised, some scholars take legislative complexity as a provocation to rethink what the rule of law requires—and conclude that, for various reasons, the rule of law can prevail even if legislation is not reasonably knowable to the people. This article responds to this line of scholarship and defends the orthodox position that the public ought to be able to understand legislation, or at least reasonably so. That is necessary to enable people to plan their lives in a way that properly reflects the role of legislation in contemporary administrative states.

Законодательный уровень правового регулирования в субъектах федеративных государств (сравнительно-правовой контекст)

Relevance. The normative prescriptions formed in the subjects of federal states, including in the subjects of the Russian Federation, acquiring a legislative form in accordance with their constitutions, under the conditions of the right granted to these subjects to carry out “their own legal regulation” (Part 4 of Article 76 of the Constitution of the Russian Federation), form a fundamentally new — their own level of legislative regulation in the regions, which is noticeable It also modernizes the role of federal legislation in the system of regulatory regulators of public relations. Widely practiced in the subjects of the Russian Federation and other federal states, the principle of its own legislative regulation brings its positive results. Goal. In a comparative legal context, to substantiate that, thanks to the legislative form of legal regulation formed by the subjects of the federation in a single legal space, favorable conditions are created for the implementation of the constitutional principle of equality in specific relations, which, in turn, contributes to strengthening the unity of the Russian federal state. Methods. The obtained conclusions are based on dialectical, logical, systemic, sociological, as well as comparative legal, formal legal, legal interpretation, statistics and other research methods. Results. The distinctive features, meaning, content, positive role and practical significance of their own legislative regulation in the subjects of federal states are revealed. Arguments are presented confirming that the own legislative regulation in the subjects of the Russian Federation, carried out in the form of specifying federal laws and supplementing them with new content, contributes to strengthening the integrity of the federal state and its sovereignty and as such acts as a key link in the system of regulatory regulators in the regions. The results obtained are new and have practical significance. In this aspect, legal regulation in the subjects of the Russian Federation has not been considered in the scientific literature.

공공환경 관점에서의 통학로 주변 공사안전 가설시설물 공공디자인 적용에 관한 탐색적 연구

This study aims to empirically explore the necessity of expanding the application of public design to facilities affected by social changes, and to explore operational and management directions accordingly. Through this research, it identifies the target facilities around schools where public design should be applied in construction sites, proposes directions for applying public design, and provides foundational data for future local governments and regional education offices to implement. The study aims to propose practical plans for the concrete realization of public design while diagnosing issues and suggesting improvements, drawing from domestic discussions on the social role of public design and related legislation and manuals. It proposes operational directions for the application of public design to hypothetical facilities around school construction sites in three dimensions: expanding types of public design applications and developing standard designs, establishing operational management systems, and advancing basic and operational plans for promoting public design. Through these efforts, it is expected that public sentiment regarding the impact on educational facilities due to construction will expand in terms of the right to education, thereby fostering community interest and achieving social prescriptions through regional environmental management.

The role of anti-corruption legislation in sustainable development

This article identifies the role of anti-corruption legislation in sustainable development. The descriptive approach is used to achieve the research objectives, as it is the appropriate scientific method suitable for the nature of the study subject in terms of presenting information related to combating administrative corruption. The results indicate that efforts to combat administrative corruption to achieve sustainable development in countries can only be achieved through strict legislation specialized in combating administrative corruption with the activation of accountability mechanisms in all state departments, bodies, and ministries. The results also demonstrate the alignment of the national and international efforts to reduce the phenomenon of corruption through international agreements and treaties. Towards the end, key conclusions and recommendations are also appropriately incorporated.

Health policies and guidelines to promote, protect and support early childhood development: A narrative review.

This comprehensive review examines the pivotal role of health policies and guidelines in promoting, protecting, and supporting early childhood development (ECD). Recognizing the multifaceted nature of ECD, the study explores key elements commonly found in policies that span health, education, social services, and community support. The focus is on creating an integrated approach that ensures the optimal well-being and growth of children during their formative years. The review highlights the significance of maternal and child health care, emphasizing contact toward prenatal and postnatal care for pregnant women and newborns. Nutritional policies center around supporting breastfeeding and ensuring access to nutritious food, laying the foundation for a healthy start in life. Early childhood education programs and parental education initiatives are crucial components, emphasizing cognitive, social, and emotional development from the earliest stages. The review underscores the importance of a holistic perspective, urging the integration of services across sectors to provide a comprehensive framework for ECD. Research-based policies, continuous monitoring, and evaluation mechanisms ensure evidence-driven decision-making and ongoing refinement of strategies. Additionally, the role of legislation and advocacy is highlighted in protecting the rights and well-being of children and advocating for ECD at various levels. In the end, this review highlights the importance of ECD guidelines and health policies as investments that not only help individual children but also enhance societal productivity and general well-being. By prioritizing the early years, policymakers can lay a strong foundation for future health, learning, and success.

AI Governance in Healthcare: Best Practices, Solutions, and Unresolved Issues

What challenges are presented by AI adoption in healthcare? What role should AI governance play in regard to the opportunities and risks for generative AI (large language models like ChatGPT-4, etc.) in health? How do we responsibly evaluate new technology and ensure guardrails for its deployment, but without stifling innovation? How do we address societal fears and biases? What level of reliability and robustness should algorithms achieve before being adopted with confidence across healthcare? How can AI support health equity and expand access? We will explore these questions and more with some of the nation’s leading experts on these topics. Learning Objectives Understand key opportunities and challenges for AI governance in healthcare, particularly in regard to rapidly emerging generative AI applications Discuss various responsible AI and AI governance frameworks that seek to ensure safety and efficacy in AI adoption Explore the role of government, legislation, and regulators in supporting safe and equitable adoption of AI in healthcare Explore opportunities for government, industry, and academic partnerships to accelerate AI validation, development, and adoption of safety standards Consider the potential impact of AI on the healthcare workforce and provider and patient experiences Identify the risks we should be most concerned with and what approaches can we take to mitigate those risks? By the end of the presentation, participants should have a sense of the opportunities and challenges of adopting AI in healthcare, key risks and frameworks for mitigating them, and the potential role of government, academia, and industry in addressing these issues Generative AI application examples Patient Communication and Engagement Intelligent chatbots interacting with patients, answering their queries, providing health advice, and helping them manage their conditions Mental Health Support Provide psychological support to patients, helping them manage stress, anxiety, depression, and other mental health issues. Provide interventions based on CBT and other therapeutic techniques Automated Medical Documentation Note-taking can allowing doctors to focus more on patient care Education and Training Create educational content and personalized training for medical students and healthcare professionals, potentially simulating things like patient cases and providing guidance on diagnosis, etc. Synthesis and Summarization of Medical Research Make it easier for people to keep up with the latest developments Public Health Communication In a public health emergency, help craft health messages, FAQs, and timely and accurate updates for the public Generative AI challenges and limitations Ensuring the accuracy of AI-generated information Maintaining patient privacy Handling the ethical implications of AI and human-machine interactions in healthcare “Hallucinations” (false or inaccurate information) can occur when model has limited knowledge of a particular domain “Distraction” (losing track of earlier inputs) can occur when inputs go beyond allowable token count for model “context window” and models start to produce responses not relevant to queries and context.

Legal Aspects of Environmental Sustainability and Climate Change: The Role of International and National Legislation

Legal Aspects of Environmental Sustainability and Climate Change: The Role of International and National Legislation

Fungsi Legislasi Dewan Perwakilan Daerah dalam Pembentukan Undang-Undang

Legislation function owned by DPD is still limited, it shows the weak position and role (position and function) of DPD when compared with DPR. DPD does not have the authority to form laws together with DPR and the President and has no authority in setting the state budget. The formulation of the problem in this study are: (1) How is the legislative function of the House of Regional Representatives in the formation of the Act? (2) What is the ratio of the legislative function of the House of Regional Representatives that is different from the House of Representatives? This research is a normative juridical research which can be interpreted as a library legal research conducted based on literature or secondary data. In other words, this research is library research (library reseach), meaning that this research is conducted by reading works related to the issues to be studied and then containing a study of the research. The results of research and discussion show that: (1) The legislative function of DPD has a major role in the formation of the Act at the stage of discussion and ratification. At the discussion stage, although its participation is limited to level 1, DPD provides input and consideration of the bill relating to regional autonomy, central-regional relations, and management of economic and natural resources. Furthermore, at the stage of ratification, a joint agreement between DPR and the President strengthens the status of the bill into law. Although DPD can provide input and consideration of some bills, the final decision remains in the hands of DPR. This confirms that the main role of DPD is more as an advisory body in the legislative process. DPR has greater power than DPD in the formation of the Act, with the authority to take the final decision. Thus, although DPD has an important role in certain aspects of the formation of the Act, the main power and final decision remains with DPR. (2) Comparison of legis ratio between DPD and DPR has different representation. DPD represents the interests of the region directly, while DPR represents the interests of the people through political parties. DPD is present to accommodate regional aspirations that are not always represented by DPR. This reflects that the legislative role of DPD has significant limitations. DPD should function as a mechanism of checks and balances in Indonesia's bicameral system. However, due to its limited authority, the implementation of this function has not been optimally realized. Thus, although DPD has an important role in representing regional aspirations, the differences in authority and rights between DPD and DPR cause their position to be unbalanced in the legislative process.

The Value of Pancasila as an Ideological Based for the Development of the Legal System in Indonesia

Indonesia is a multicultural society with personal and group consciousness. Legal progress in Indonesia was influenced by cultural and community awareness. Indonesia is a multicultural culture with diverse legal awareness. Although Indonesia has many cultures, the equation should be applied to construct a legal union. Pancasila is the intellectual foundation for Indonesia's unitary state; hence, passing a national law must be founded on it and the 1945 Constitution as the supreme rule to achieve national unity. This study will show that the law enacted today does not reflect Pancasila and impressed liberalism because it is draughted and enforced on the basis of normative thinking rather than empirical thinking about the case and plural society. Methodology Pancasila and culture's role in legislation that impacts the other will be thoroughly examined in this article. Thus, for the welfare of the nation and public awareness of the law, this study will explain the need for systemic and continuous legal systems that reflect the Indonesian nation, namely Pancasila-based legislation.

Electronically Processed Personal Health Data Privacy Protection in the UAE: An Analytical Study

This research addressed the importance of a sensitive issue that concerns all members of society, which is personal health data and information, which means of information and communication technology (ICT) have become playing an important, even essential, role in preserving, storing and processing them, which requires the necessity of preserving the privacy of that data and information from any attack that may occur. or accessed by persons who may misuse it, causing harm to the owner of that data.The aim of this research is to clarify the role of the Emirati legislator in protecting the privacy of personal health data processed electronically, as it became clear to us that the legislator worked to establish the necessary controls that frame the use of information and communications technology means in a way that ensures the preservation of the privacy of personal health data. It also stressed the protection of private information and data. The patient is considered to be of a confidential nature, and is prohibited from using and accessing it except after obtaining written consent from the patient or his/her legal representative, in addition to cases that the legislator has excluded for economic, scientific, social, or judicial purposes. Finally, the penalty resulting from breaching the rules for protecting such data has been stated.

Are there populist parties in Brazil? An analysis of Election manifestos (2010-2022)

Are there populist parties in Brazil? Despite the common perception of personalistic electoral connections, the literature suggests that parties play a crucial role in legislation and voting choice. However, Brazilian parties are overlooked in populism studies. This article adds to the literature by analyzing populism in Brazilian election manifestos between 2010 and 2022. Through a man-machine content analysis application, it finds that populism is used by only a few parties, predominantly among radical left parties. The article also explores populism within mainstream parties during the 2018 elections. Despite not representing a threat to democracy due to limited influence, the existence of populist parties challenges the misconception that populism in Brazil is solely about leadership.

An Identification Potential of Legal Values in a Transitive Society

The article examines the role of legal values in the social identification of citizens in a transitive society. Based on the analysis of the value foundations of legislation and its role in the construction of social identification, a conclusion is made about the primacy of the axiological level of legal reality over ontological ones in a transitive society. The constitutional identification of a person in these conditions is determined not by belonging to a certain nation and the implementation of the rules developed by it, but by positioning identification with the community on value grounds. Often, such identification is not so much an identification as an imitation, since it involves only articulating compliance with the rules, and not following them. Based on this, identification in a transitive society is situational and fragmented. In these conditions, the role of legislation in social identification is changing. It becomes a tool that the addressee of communication uses to broadcast to the addressee a system of values that ensure not only the identification of citizens, but also lawful behavior. At the same time, legislation, due to its instrumental features, is able to overcome transitivity and bring society to stable development and functioning.

Institutional opportunism: How electoral fortunes shape preferences for power‐sharing institutions in Latin America

AbstractDrawing on approximately 4000 face‐to‐face interviews with lower house members from seventeen Latin American countries, this article demonstrates how partisan considerations shape legislators' preferences for power‐sharing institutions. Distributive models argue that reforming parties derive preferences based on potential advantages in power allocation, yet the role of individual legislators remains underexplored. The evidence reveals that legislators favor institutional arrangements that maximize their party's influence. Representatives from larger parties prefer electoral rules that reduce the number of parties in the House, while incumbent lawmakers support a stronger executive. Notably, party positions often shift following changes in electoral fortunes: Parties become more favorable of proportional representation after losing seats and advocate for reinforced congressional authority upon leaving office.

The role of legislation in activating environmental management systems to protect workers in the cement industry from environmental damage

The role of legislation in activating environmental management systems to protect workers in the cement industry from environmental damage

The legislative role of the executive authority in deterring cyber threats- a comparative study

تعد تقنية المعلومات من التطورات المهمة التي تتعايش معها الان كافة دول العالم , إلا أن ما ينتج عنها من أخطار حالية أو مستقبلية كالتهديدات السيبرانية المتعددة , يعدُ خطراً يهدد الأمن المعلوماتي للدولة وسرية بيانتها, ومن هذه التهديدات فعل التجسس الإلكتروني والهجمات السيبرانية, فتظهر مسؤولية السطلة التنفيذية بوصفها السلطة التي منح لها دستور جمهورية العراق 2005 صلاحيات عدة, ومن هذه الصلاحيات التشريعية التي تمكنها من ردع التهديدات وتحصين أمنها السيبراني, من خلال اقتراح مشروعات القوانين السيبرانية واقتراح تعديل الدستور ونصوصه, لتواجه هذه الاخطار.

P-341 From cross-border reproduction to embryos and gametes transit: the peculiar italian case examined from ethical, legal, and comparative standpoint

Abstract Study question Is the transportation of gametes and embryos by land or air from a foreign country the solution for the lack of donors supply in Italy? Summary answer In Italy, post-2014 Court ruling made heterologous fertilization legal. Yet, gamete acquisition is tough, pushing clinics to foreign banks, facing transport risks. What is known already The international flow of human gametes, expanding due to the growth in reproductive medicine, is regulated by European Directives aiming for uniform EU regulations to maximize health protection via standardized quality and safety. However, diverse national regulations, especially regarding gamete donation, create complex scenarios. In Italy, for instance, regulatory constraints and insufficient legislative support force ART centers to import gametes, mainly from Spain, leading to ongoing cross-border transport of biological material, a process fraught with challenges. Study design, size, duration This study reviews European and Italian regulations on human cell and tissue circulation, focusing particularly on Italy. Directive 2004/23/EC, initiated by the European Parliament and Council, aims to regulate the use of human reproductive biological material, promoting donorship and uniform quality and safety standards across EU member states. Later Directives, including (EU) 2015/566, specifically address gamete transfer within the EU, differentiating between intra-EU distribution and import from non-EU countries. Participants/materials, setting, methods We have meticulously analyzed the legislation applied by the European and non-European states included in the study, examined the role of the European legislator, and conducted a comparative analysis of the effects produced on society. Official data published on this topic by the Italian Ministry of Health have also been collected and analyzed. Main results and the role of chance Aligning with both national and European legal frameworks, as well as adhering to scientific guidelines, is crucial for the secure transport of gametes and embryos. The importance of effective risk management and minimizing liability cannot be overstated, requiring clear communication about consent, transport methods, data sharing, and managing unforeseen events. Despite efforts, European legislation struggles to harmonize effectively, ensuring uniform rights across the continent. In Italy, the demand for donated sperm and oocytes has surged following the invalidation of certain legal restrictions on the use of donated gametes. However, the availability of donated human gametes within Italy falls short of meeting this demand. According to the Italian Ministry of Health, in 2020, there were over 3,100 requests for donated oocytes, but only 60 instances of fresh oocyte donations were recorded in Italy, necessitating imports primarily from Spain. A key factor in the low donation rates is Italy’s ban on compensating donors for their inconvenience and lost work time. Similarly, semen donations in Italy are inadequate, with 75% of male gametes imported from abroad. The lack of financial incentives, coupled with the significant influence of the Catholic Church and limited public awareness about infertility issues, contributes to Italy’s shortage of donors. Limitations, reasons for caution Not applicable. Wider implications of the findings The absence of a decision by the Italian legislator regarding the issue of donors leads to various problems: we refer to the costs that affect the centers, inevitably impacting patients who opt for treatment in Italy; or, conversely, in the travel costs for those who decide to seek treatment abroad. Trial registration number not applicable

Green Economy Through Financial Sector Development: The Mediating Role of Economic Freedom and Green Legislation

Employing a structural equation modeling and focusing on the Republic of Djibouti, the article investigates the effect of financial sector development on green economy when it is mediated by both the level of economic freedom and green legislation. The findings unveil a threefold revelation: (1) a resilient financial sector positively steers the green economy, (2) an effect augmented by the dimensions of economic freedom, (3) while the involvement of Djiboutian green legislation in mediating remains minimal.