Suchergebnisse

Mariano Ruiz-Funes fue catedrático de derecho penal, republicano, diputado a Cortes, ponente de la constitución del 31, dos veces ministro (Agricultura y Justicia) y precursor del derecho humanitario en su lucha frente al genocidio, denunciando y combatiendo a los negacionistas. Su crítica del totalitarismo está presente en sus escritos desde los inicios de los cuarenta hasta su muerte. En la cartografía del exilio español de 1939 y sus modelos de razón crítica, Ruíz-Funes une a su condición de exiliado y luchador contra la barbarie, la de testigo de su tiempo: contar lo que pasó. Una tarea intelectual motivada por ese ethos político en el que se reconocía la tradición humanitaria y liberal republicana ; Mariano Ruiz-Funes was a Professor of Criminal Law, a Republican and a Congressman. He was one of the speakers in the committee for the 1931 Constitution. He also served as a Secretary of Agriculture and Commerce, was a forefather of Humanitarian Law with his fight against genocide, and fought the negationists. His criticism to totalitarianism is present in his writings from the beginning of the 1940s to his death. In the cartography of the Spanish exile of 1939, and in his models of critical reason, Ruiz-Funes adds to his condition of exile and fighter against barbarity the condition of a witness of his time: to tell what happened. This intellectual task was motivated by the political ethos characteristic of the humanitarian and liberal tradition of the Spanish Republic

The debate concerning the interrelation of international human rights law and international humanitarian law is certainly not new within the relevant academic circles. Nevertheless, a comprehensive study of recent State practice in the UN political bodies, that puts the opposition to the applicability of human rights to a real test, adds a new and rather intriguing twist to the matter. It appears that the statements of governments arguing for the exclusive application of international humanitarian law in armed conflicts are not always supported by their own practice within the UN political bodies. The present article explores the potential influence and importance of this observation for bridging the possible gaps between these two bodies of international law. It further identifies a number of interesting trends in the application of specific human rights norms in armed conflicts.

The Law of 12 November 2013 enshrines the principle that "silence equals consent" in the French administration. Until then, the opposite was the rule: for more than a century, the silence of an administrative unit when solicited has meant dismissal of the request. This revolutionary principle has been presented by the Government as an efficient mean to streamline the relationship between the administration and its constituents and fight administrative inertia. The doctrinal opinion, however, has been quite suspicious about it. The critics focused on its scope, efficiency and relevancy. The determination of when this new principle is applicable fits partially into the critic, as there are numerous exceptions to the rule "silence equals consent". Despite its consecration as Law, the principle of implicit acceptance remains limited to specific matters. Then we should rather regard it as a partial principle, or even embrace the idea of two rival interpretations of the silence of the administration. Finally, the implementation of that principle relies strongly on how proactive the administration is. The legal regime of implicit acceptance is stuck between the general scheme of administrative decision and more specific rules, which makes it partially ill-adapted. The 2013 reform therefore shows mixed results, but the mechanism of implicit acceptance is still a step forward. It is a crucial lever to a wide-range reform of the administrative action. ; La loi du 12 novembre 2013 consacre le principe du « silence vaut accord » dans la relation entre l'administration et l'administré. L'inversion du sens attribué du silence de l'administration sollicitée par une demande met un terme au principe historique du « silence vaut rejet », en vigueur depuis plus de cent ans. Cette révolution est présentée par le Gouvernement comme un moyen de simplifier la relation entre l'administration et l'administré et comme l'instrument d'une lutte contre l'inertie administrative. Elle suscite pourtant une certaine suspicion de la part de la ...

Jurisdiction — Personal — Nationals on the high seas — Ships — Criminal prosecution by Dutch authorities — Accused failing to observe Norwegian statutory regulations whilst master of Dutch vessel in Norwegian exclusive economic zone — Whether failure to obey regulations constituting criminal offence under Dutch lawSea — Exclusive economic zone — Jurisdiction — Powers of Norwegian authorities to inspect Dutch fishing vessel in Norwegian exclusive economic zone — The law of the Netherlands

This article discusses the contrasting constitutional models as between Ireland and Germany of accession to the European Union. Sovereign states are entitled to share a currency pursuant to treaty. Whether that potential has been lost under the European Treaties by reason of the transfer of sovereignty is the subject of decisions of the Court of justice of the European Union (Court of Justice) and the Supreme Court of Ireland. By transferring some aspect of sovereignty pursuant to international treaty, certainty of law and the principle of sovereign state equality require adherence to rulings of tribunals set up under those arrangements. In the case of the European Union, that is the Court of Justice.

В статье исследуются процессы развития российского юридического образования, в основе которого должна лежать идея реализации модели конституционализма. Внимание автора уделяется проблемам правопонимания, построения правового государства, целью достижения которых должно быть установление согласованного взаимодействия всех субъектов правоотношений – государства, общества, личности, изучению которых должно уделять внимание современное юридическое образование. В работе отмечается, что утверждение в обществе модели конституционализма как общесоциальной ценности связано с авторитетом справедливого законодательства. ; The article studies the development processes of Russian legal education, which should be based on the idea of implementing a model of constitutionalism. The attention of the author is paid to the problems of legal understanding, the construction of a state based on the rule of law, the goal of which should be the establishment of coordinated interaction between all subjects of legal relations – the state, society, personality, which need to be paid attention by modern law education. The paper notes that the assertion of a constitutionalism model in society as a general social value is connected with the authority of fair legislation. ; Статьяра Раççĕй юридици вĕренĕвĕн аталу процесĕсене тĕпченĕ. Ку аталану, автор шухăшĕпе, конституционализм моделĕсене реализацилес тĕллеве пăхăнмалла. Автор право ăн-сĕмĕпе право патшалăхне тăвассипе çыхăннă çивĕч ыйтусене пăхса тухнă. Вĕсене татса парсан право хутшăнăвне кĕрекен пĕтĕм субъектăн çивĕч ыйтăвĕсене – патшалăхăн, обществăн, çыннăн – пĕр-пĕрне килĕшÿллĕ витĕм кÿреслĕхне йĕркелеме пулать. Ку ыйтусене ăнлантарма хальхи юридици вĕренĕвĕ уйрăм тимлĕх уйăрма тивĕç. Обществăра конституционализм модельне вăя кĕртесси тÿрĕлĕхе пăхăнакан законодательствăн авторитечĕпе çыхăннă.

This article has two purposes: (1) to suggest that the informal workgroup is the most appropriate concept from organization theory to explain both participant behavior occurring in criminal trial courts and trial court outputs; and (2) to use the informal workgroup framework to structure the findings generated by previous studies of trial courts. The informal workgroup proves to be a useful way to account for the disjuncture between the adversarial expectations and regularized individual behavior patterns researchers find in criminal trial courts. Furthermore, this concept provides a vehicle to explain the development of uniformities in output such as a classification of criminals, the categorization of crime, and sentencing yardsticks. The conclusion discusses the implications of the informal workgroup for efforts aimed at court reform.

The article analyses the international standards of labour law regulating the institute of labour disputes through revealing the content and principal rules of these standards addressed to states and their respective national laws. The article further provides examples of legal regulation in foreign countries and analyses their compliance with the international standards. The main bottlenecks of the Lithuanian institute of labour disputes are revealed in the context of the international standards and likely proposals for the elimination of those bottlenecks are presented.

The article analyses the international standards of labour law regulating the institute of labour disputes through revealing the content and principal rules of these standards addressed to states and their respective national laws. The article further provides examples of legal regulation in foreign countries and analyses their compliance with the international standards. The main bottlenecks of the Lithuanian institute of labour disputes are revealed in the context of the international standards and likely proposals for the elimination of those bottlenecks are presented.

The article analyses the international standards of labour law regulating the institute of labour disputes through revealing the content and principal rules of these standards addressed to states and their respective national laws. The article further provides examples of legal regulation in foreign countries and analyses their compliance with the international standards. The main bottlenecks of the Lithuanian institute of labour disputes are revealed in the context of the international standards and likely proposals for the elimination of those bottlenecks are presented.

The article analyses the international standards of labour law regulating the institute of labour disputes through revealing the content and principal rules of these standards addressed to states and their respective national laws. The article further provides examples of legal regulation in foreign countries and analyses their compliance with the international standards. The main bottlenecks of the Lithuanian institute of labour disputes are revealed in the context of the international standards and likely proposals for the elimination of those bottlenecks are presented.

The article analyses the international standards of labour law regulating the institute of labour disputes through revealing the content and principal rules of these standards addressed to states and their respective national laws. The article further provides examples of legal regulation in foreign countries and analyses their compliance with the international standards. The main bottlenecks of the Lithuanian institute of labour disputes are revealed in the context of the international standards and likely proposals for the elimination of those bottlenecks are presented.

The article analyses the international standards of labour law regulating the institute of labour disputes through revealing the content and principal rules of these standards addressed to states and their respective national laws. The article further provides examples of legal regulation in foreign countries and analyses their compliance with the international standards. The main bottlenecks of the Lithuanian institute of labour disputes are revealed in the context of the international standards and likely proposals for the elimination of those bottlenecks are presented.

"Ecclesiastical institutions and actors were essential for the formation of normative orders in early modern Ibero-America. However, both legal historiography, due to its strong legalistic, state-centred imprint, and general historiography on colonial times, more inclined towards secular law, have only rarely discussed the contribution of ecclesiastical normativity to the formation of that normative texture which, in the historiographical tradition, has been called 'derecho indiano'.
In light of this situation, the Max Planck Institute for European Legal History has organised a series of seminars in different Latin American cities in order to offer an interdisciplinary forum dedicated to the research of 'ecclesiastical normativities and institutions in Ibero-America' between the 16th and 19th centuries. The present volume is the first in a series of publications that document the results of this cycle of seminars celebrated in Mexico City, Lima, Bogotá and São Paulo.
The book, focusing on New Spain, is divided into five thematic parts. The first section presents investigations on canon law and moral theology that deal with characteristic aspects of multinormativity and the teaching of those disciplines in early modern times. The second section examines diocesan governance and ecclesiastical power in Mexico City and Puebla via statutes of the cathedral chapter, members of the 'curia arzobispal' and pertinent legal opinions. In the third section, the contributors reflect on the normativity and administration of sacraments, drawing on conciliar norms, treatises, pragmatic literature but as well on registers of baptisms and confessions. The fourth section deals with ethnic groups in courts of justice, both civil and ecclesiastic ones: indigenous people accused of 'hechicería' in a tribunal of Tlaxcala and Afro-Mexicans who started litigation in the archiepiscopal court of Mexico. The articles of the fifth section cover the topics of beatification, devotion and cultural expressions (music, images) from a normative perspective and extend the period of investigation to the 19th century.
The articles on ecclesiastical institutions and normativities in New Spain collected in this volume propose new research fields for legal history and the history of the Church, which at the same time are relevant for social and cultural history. The editors' purpose has been to present approaches that explore the relationship between different types of normativities, their local adaptations, the ties with global debates, the forms of solving conflicts, as well as the role of jurists, theologians and other actors. The topics discussed by the authors represented in this volume – who cultivate the disciplines of history, legal history, church history, ethnohistory, art history and the history of music – contribute to a better understanding of the normative religious universe in Spanish America."