Suchergebnisse

The tradition of legalism continues to influence German politics, generating a corollary propensity toward judicial resolutions of political disputes. Appeal to the Federal Constitutional Court, established after World War II, has been used increasingly as a weapon of political opposition. Despite self-restraint vis-a-vis the political authorities, the Court has sometimes construed basic rights expansively as 'participatory' rights to positive government action. Recently it has been criticized for conservatism & a tendency to restrict future legislative discretion. While the 'politicalization of justice' resulting from the judicialization of politics could reduce respect for the Court's authority, it could also foster a healthier relationship between politics & the law. Modified HA.

The long delay preceding Israeli prime minister Benjamin Netanyahu's invitation to the White House reflects significant issues concerning Israel's security and international position. President Joe Biden does not hide his distaste for the structure of the current Israeli government, even as Israel faces rising security tensions on all fronts. The potentially historic breakthrough of a peace agreement between the Jewish state and Saudi Arabia, largely motivated by Biden's electoral considerations, has been delayed by Netanyahu domestic problems. The rule that internal and external politics are not to be linked has apparently been breached by the world power that carries the international system on its shoulders. Moreover, the crisis is between two allied nations that are considered liberal democracies. What are the implications of this linkage between domestic and international politics?

Environmental problems and environmental law are a flashpoint for what has become known as right-wing populist politics. The 'epistemological delirium' which is climate change denial. The persistent anger of the gilets jaunes (yellow vests) protests against fuel levy hikes. The powerful political force that bitter antipathy towards environmental regulators gives rise to. The ideological attacks on courts adjudicating on environmental issues. Given that environmental problems are real and environmental law should benefit all, this state of affairs is initially puzzling. But given the nature of environmental law it is not surprising.

В советскую эпоху принцип диктатуры пролетариата отрицал возможность конфликта интересов между рабочими и руководством. Однако в постсоветской России либерализация и приватизация создали новые рамки отношений между работниками и работодателями, что в корне изменило трудовые отношения. Отвечая на вызовы времени, российское законодательство сформировало новые легальные инструменты для регулирования трудовых взаимосвязей. Речь пойдет о том, как эти нормы воспринимаются и исполняются в современной России. Целью исследования не является оценка эффективности нового Трудового кодекса. Трудовое право рассматривается как окно, через которое можно увидеть эволюцию российской правовой культуры. Выводы основаны на интервью с менеджерами, работодателями, адвокатами, представителями профсоюзов и правоохранительных организаций, учеными в области трудового права. Эти интервью были проведены в Москве (2012-2013 гг.) и в Екатеринбурге (2014 г.). На основе этих интервью описаны практики, которые складываются вокруг исполнения трудового законодательства. Поскольку данные качественные, они не могут дать репрезентативную картину трудовых отношений в современной России. Тем не менее интервью иллюстрируют российскую правовую культуру. ; During the Soviet era, the principle of the dictatorship of proletariat denied the possibility of conflicting interests between workers and management. In post-soviet Russia, however, liberalism and privatization created new divisions between employers and employees that disrupted labour relations, which henceforth took shape against the backdrop of new socioeconomic rules. Responding to the demands for a new legal framework, the Russian Legislature developed new legal instruments to regulate labour relations: This paper considers how these are perceived and used in Russia today. More precisely, this paper does not assess the efficiency or equity of the new Labour Code but uses this field as a window through which we can view the evolution of Russian legal culture. The sources consist of interviews that were conducted with various stakeholders: managers responsible for human relations and labour regulation in enterprises, employees involved in disputes with their employers, advocates for both sides such as lawyers, union representatives, legal-aid organizations and scholars who study conflicts between labour and management. These interviews were conducted in Moscow (in 2012 and 2013) and in Yekaterinburg (in 2014). On the basis of these sources, the practices and narratives of these various actors who are all in some way connected to the implementation of the new Russian labour laws are described. Insofar as these sources are all qualitative, they cannot provide a truly representative picture of labour relations in contemporary Russia. Nonetheless, the interviews illustrate how Russian legal culture actually works in everyday life. It provides a sketch in broad strokes of some of the major points of contention and contrast in terms of the representations and practices of the various actors. Some of the changing attitudes about these laws are identified and various social behaviours in creating, using and not using the law are highlighted.

Discussions about Islamic Law and Politics are always interesting things to discuss. It is interesting because it has become a debate of all time, especially from various circles of formalist madhhab Islamic groups dealing with substantialist schools. The group's debate can be narrowed down to the question of the position of Islamic Law on politics and vice versa. The question is not a simple problem, because the implications are very large for the construction of thought in theory and reality. The purpose of this study is to determine the relationship between power and legal justice, to examine the identity of law and justice, and the necessity of power in law enforcement. The results show that Islamic law is knowledge of human rights and obligations while politics is knowledge of managing public affairs based on power. When viewed from the Islamic law literature, politics is part of the discourse in Islamic law. The Islamic law that regulates politics also has a gap in the interest of incoming power, therefore the Islamic power is obliged to conduct deliberation so that the people's interest is maintained in ijtihadi law and in the application of non-ijtihadi law. Power must uphold justice in every action and its actions cannot be separated from the law. This means that the power to enforce justice is through a just law. Enforcement must be carried out by power so that if power betrays the people, impeachment may be carried out.