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Articles 1 - 30 of 51
Full-Text Articles in Law
Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.
Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.
Dr. Muhammad Munir
This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.
The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.
The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.
Dr. Muhammad Munir
The work discusses how the British East India Company came to the subcontinent for the purpose of trade in 1604 and how it slowly and gradually started interfering in the local justice system by acquiring revenue collection of 38 villages in 1717 near Calcutta. In 1765 the Company was granted revenue collection as well as customs of three provinces. The Company also acquired the administration of justice in the areas under its control and the role of Muslim qadis and judges was over. Company’s officials, who were traders rather than trained judges, were running the court system and the Privy …
Bloque De Constitucionalidad Y Proceso De Inconstitucionalidad De Las Leyes, Edgar Carpio Marcos
Bloque De Constitucionalidad Y Proceso De Inconstitucionalidad De Las Leyes, Edgar Carpio Marcos
Edgar Carpio Marcos
No abstract provided.
High Turnover And Low Reputation? Elements Of Sociology Of The Supreme People’S Court Grand Justices (Summary), Meng Hou
Hou Meng
No abstract provided.
The Common Law And The Constitution: John Locke And The Missing Link In Law, Steve Sheppard
The Common Law And The Constitution: John Locke And The Missing Link In Law, Steve Sheppard
Steve Sheppard
Locke's concept of rights influenced the Framers of the Constitution, which has increased the stakes in later interpretation of what Locke’s model of rights entailed. “Lockean rights” now suggests a perfect right unlimitable by the state in the public interest. Such a right is theoretically interesting, but it is not what Locke had in mind, and it was not the model of rights Madison, Jefferson, Hamilton, and other inherited from Locke's Second Treatise.
This paper was an initial reconstruction of Locke's model of a right, locating it within the legal culture of his time and place. His model of what …
Assessing The Readiness And Training Needs Of Non-Urban Physicians In Public Health Emergency And Response, Chiehwen Ed Hsu
Assessing The Readiness And Training Needs Of Non-Urban Physicians In Public Health Emergency And Response, Chiehwen Ed Hsu
Chiehwen Ed Hsu
No abstract provided.
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
La Libertad Y El 28 De Julio, Ramiro De Valdivia Cano
La Libertad Y El 28 De Julio, Ramiro De Valdivia Cano
Ramiro De Valdivia Cano
No abstract provided.
A Constitutional Oddity Of Almost Byzantine Complexity: Analyzing The Efficiency Of The Political Function Doctrine, Gregory Scopino
A Constitutional Oddity Of Almost Byzantine Complexity: Analyzing The Efficiency Of The Political Function Doctrine, Gregory Scopino
Gregory A Scopino
No abstract provided.
Foreign Law And The U.S. Constitution, Kenneth Anderson
Foreign Law And The U.S. Constitution, Kenneth Anderson
Kenneth Anderson
El Recurso Extraordinario Por Arbitrariedad De Sentencia En La Corte Suprema, Horacio M. Lynch, Laura Bierzychudek, María Clara Pujol, Sofía Plazibat, Martín Bruzzi
El Recurso Extraordinario Por Arbitrariedad De Sentencia En La Corte Suprema, Horacio M. Lynch, Laura Bierzychudek, María Clara Pujol, Sofía Plazibat, Martín Bruzzi
Horacio M. LYNCH
Este trabajo comprende un estudio realizada entre el 21 de febrero y el 21 de mayo de 2005 sobre la labor de la Corte Suprema de Justicia de la Nación Argentina con relación al Recurso Extraordinario Arbitrariedad de Sentencia. Presenta la situación objetiva y actual generada por este peculiar recurso extraordinario y su incidencia en el trabajo de la Corte a través del análisis estadístico de sus fallos y de su estudio comparativo. Asimismo, se integra y completa con otros documentos – un folleto con las conclusiones más importantes, presentadas en forma gráfica y una presentación en Power Point – …
Tyranny Of The Majority, Richard E. Day
Tyranny Of The Majority, Richard E. Day
Richard E. Day
The Kentucky Supreme Court decision upholding a temporary injunction preventing Dana Seum Stephenson from serving as a state senator was welcome relief. I was beginning to wonder whether the Senate majority was simply going to be allowed to disregard the law, outvote the minority and bend the rules to fit their fancy. One thing is certain: With a super majority hanging in the balance, a lame court would have produced even more disregarding, outvoting and bending in the Senate.
Supreme Court In Vicissitude Of Economic System (1949-1978)【经济体制变迁中的最高人民法院(1949─1978年)】, Meng Hou
Supreme Court In Vicissitude Of Economic System (1949-1978)【经济体制变迁中的最高人民法院(1949─1978年)】, Meng Hou
Hou Meng
No abstract provided.
Empirical Research On The Capacity Of Regulating Economy Of The Supreme Court: From The Overhead Expenses In The Court(最高法院规制经济的实证研究──以法院内部管理费用为分析视角), Meng Hou
Hou Meng
No abstract provided.
Democracy's Paradox: Popular Rule As A Constitutional Limit On Foreign Policy Promoting Popular Rule, Harry F. Tepker Jr.
Democracy's Paradox: Popular Rule As A Constitutional Limit On Foreign Policy Promoting Popular Rule, Harry F. Tepker Jr.
Harry F. Tepker Jr.
No abstract provided.
The Little Word "Due", Andrew T. Hyman
The Little Word "Due", Andrew T. Hyman
Andrew T. Hyman
The meaning of the Due Process Clause is investigated, with special emphasis on the little word "due." The author concludes that the text and structure of the Constitution --- as well as the intentions of the framers --- strongly support the view of the late Justice Hugo Black regarding the meaning of this Clause in the Fifth and Fourteenth Amendments. In the Constitution, due process means process due according to the law of the land, and a statute is part of the law of the land if it does not violate or undermine any other provision of the Constitution. Thus, …
Child Testimony Via Two-Way Closed Circuit Television: A New Perspective On Maryland V. Craig In United States V. Turning Bear And United States V. Bordeaux, Aaron R. Harmon
Aaron R. Harmon
Published as “Child Testimony via Two-Way Closed Circuit Television: A New Perspective on Maryland v. Craig in United States v. Turning Bear and United States v. Bordeaux,” 7 N.C. J.L. & Tech. 157 (Fall 2005). For Confrontation Clause purposes, child testimony by two-way closed circuit television is substantively different from one-way closed circuit television. Two-way closed circuit testimony is preferable because it more closely approximates face-to-face confrontation. The Supreme Court’s case-specific holding in Maryland v. Craig was directed at one-way closed circuit testimony. As such, the Eighth Circuit was mistaken in conflating the two forms of testimony when it relied …
Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian
Troubling The Definition Of Pornography: Little Sisters, A New Defining Moment In Feminists' Engagement With The Law?, Lara Karaian
Lara Karaian
This article explores feminism’s relationship to the legal regulation of pornography. Of particular interest to the author is how the defining moment of the Butler decision has been opened up to contestation and complication by Little Sisters Book and Art Emporium et. al. v. Minister of Justice et al., a recent Supreme Court of Canada decision regarding Canada Customs violations of the free expression and equality rights of a Vancouver-based gay and lesbian bookstore. The focus of the article is on the role that the Women’s Legal Education and Action Fund (LEAF) played in both Butler and Little Sisters. The …
Whose Europe? After The Constitution: A Goal Based Citizenship, Gianluigi Palombella
Whose Europe? After The Constitution: A Goal Based Citizenship, Gianluigi Palombella
Gianluigi Palombella
This article designed the scenario of a constitutional Europe after 2004 and the work of the Convention on a (proposed) Constitution. In particular it elaborated on the philosophical background and legal categorizations of a European citizenship, and exposed its added value and the innovative perspective that it should have prompted.
Gender Construction And The Limits Of Liberal Equality, Gila Stopler
Gender Construction And The Limits Of Liberal Equality, Gila Stopler
Gila Stopler
This article will suggest a possible answer to the puzzling question of why despite the egalitarian principles upon which Western liberal democracies are allegedly predicated sex discrimination in these societies persists and sex discrimination on the basis of religion and culture is most often even countenanced and protected. I argue that the gendered structure of liberal society and of the liberal self, within which we all operate, serve as a framework within which different roles, different obligations and different paths for men and for women, in both liberal and non-liberal societies, seem natural and inevitable and therefore in no need …
The Liberal Bind: The Conflict Between Women’S Rights And Patriarchal Religion In The Liberal State, Gila Stopler
The Liberal Bind: The Conflict Between Women’S Rights And Patriarchal Religion In The Liberal State, Gila Stopler
Gila Stopler
Surveying the relationship between religion and the state in the US and in European liberal democracies the article distinguishes between five different facets of the relationship between religion and the state in liberal democracies - institutional differentiation between religion and the state, strong protection of religious liberty, the involvement of religion in politics, the extent of religious involvement in education and social services, and the levels of religious belief of individuals in society - and discusses how each of them affects women’s right to equality. The article argues that contrary to common assumptions the relationship between patriarchal religion and the …
Federal Land Retention And The Constitution's Property Clause: The Original Understanding, Robert G. Natelson
Federal Land Retention And The Constitution's Property Clause: The Original Understanding, Robert G. Natelson
Robert G. Natelson
This article examines the original meaning of the Constitution's clauses authorizing federal land ownership. It finds that the power granted to Congress was broad enough to include land ownership for enumerated purposes, even without complying the procedures necessary for the creation of federal enclaves. But it finds that the power was not broad enough to include indefinite landholding for unenumerated purposes.
Big Government And Its Wars On Crime: Crime Control As A Method Of Government Expansionism, Paul R. Rickert
Big Government And Its Wars On Crime: Crime Control As A Method Of Government Expansionism, Paul R. Rickert
Paul R Rickert
The federal government has expanded to meet perceived social needs and as issues come to the forefront that Washington elites believe they can fix. Consequently, they expand the power and role of the government. One way this is done is through progressive criminalization of once held freedoms. Consider the first drug laws, consider the war on poverty, consider the tax code, the new war on drugs, and hate-crimes legislation. Although tax law is not criminal law per-se, in the end, choosing not to pay taxes results in prosecution. Laws and regulations ultimately must have “teeth” for it to be effective. …
The Israeli Constitutional Revolution/Evolution, Models Of Constitutions, And A Lesson Frommistakes And Achievements, Yoseph M. Edrey Prof.
The Israeli Constitutional Revolution/Evolution, Models Of Constitutions, And A Lesson Frommistakes And Achievements, Yoseph M. Edrey Prof.
Yoseph M. Edrey
There are some fundamental preconditions entailed in the process of becoming a democratic state. The mere existence of a written document entitled "Constitution" is not enough; a society is entitled to be considered a democratic state by the international community only if its legal sys- tem contains two attributes-the recognition of basic human rights and the idea that basic human rights are protected by some type of judicial review performed by an independent court system. Further- more, it would be better if these basic human rights were enumerated in a written constitution. Nonetheless, based on the Social Contract concept, the …
Judicial Knowledge System’S Reproduction Of Supreme Court:To The Judicial Process Of Economic Regulation,For Example(最高法院司法知识体制再生产──以最高法院规制经济的司法过程为例), Meng Hou
Hou Meng
No abstract provided.
Islamic Jurisprudence (Reviewing Muḥammad Bāqir Aṣ-Ṣadr, Lessons In Islamic Jurisprudence, Trans. Roy Mottahedeh (Oxford: Oneworld, 2003)), Intisar Rabb Phd
Islamic Jurisprudence (Reviewing Muḥammad Bāqir Aṣ-Ṣadr, Lessons In Islamic Jurisprudence, Trans. Roy Mottahedeh (Oxford: Oneworld, 2003)), Intisar Rabb Phd
Intisar A. Rabb
No abstract provided.
Inconstitucionalidad Y Derogacion, Edgar Carpio Marcos
Inconstitucionalidad Y Derogacion, Edgar Carpio Marcos
Edgar Carpio Marcos
No abstract provided.
The Forgotten Supreme Court Justice, Ken Gormley
The Scottish And English Religious Roots Of The American Right To Arms: Buchanan, Rutherford, Locke, Sidney, And The Duty To Overthrow Tyranny, David B. Kopel
The Scottish And English Religious Roots Of The American Right To Arms: Buchanan, Rutherford, Locke, Sidney, And The Duty To Overthrow Tyranny, David B. Kopel
David B Kopel
Many twenty-first century Americans believe that they have a God-given right to possess arms as a last resort against tyranny. One of the most important sources of that belief is the struggle for freedom of conscience in the United Kingdom during the reigns of Elizabeth I and the Stuarts. A moral right and duty to use force against tyranny was explicated by the Scottish Presbyterians George Buchanan and Samuel Rutherford. The free-thinking English Christians John Locke and Algernon Sidney broadened and deepened the ideas of Buchanan and Rutherford. The result was a sophisticated defense of religious freedom, which was to …
The Religious Roots Of The American Revolution And The Right To Keep And Bear Arms, David B. Kopel
The Religious Roots Of The American Revolution And The Right To Keep And Bear Arms, David B. Kopel
David B Kopel
This article examines the religious background of the American Revolution. The article details how the particular religious beliefs of the American colonists developed so that the American people eventually came to believe that overthrowing King George and Parliament was a sacred obligation. The religious attitudes which impelled the Americans to armed revolution are an essential component of the American ideology of the right to keep and bear arms.