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This study explores the perceptions of student teachers on the collaborative relationship between inclusive elementary schools (IESs) and universities. Data were collected through online surveys and semi-structured interviews with 50 student teachers studying in elementary school teacher education study programs spread across three provinces of Indonesia, namely West Java, Central Java, and East Java. Data were analyzed using thematic analysis. The analysis results found four main themes: inclusive teacher readiness, benefits, inclusive education insights, and inclusive education quality. This study indicates that mutually the collaborative relationship between universities and IESs is very important for the two parties specifically, and for inclusive education in Indonesia generally. Broadly, this research implies that, to establish policies and practices for inclusive education, universities, as the primary authority for producing inclusive teacher candidates, must design programs that are relevant to the problems experienced by IESs. Policymakers, namely the government through the education office, must support and encourage multi-relational collaborative relationships with all parties. To date, the implementation of inclusive education, especially the involvement of all stakeholders in developing inclusive education, follows the policies set by the government – the Ministry of Education, Culture, Research and Technology – of the Republic of Indonesia. https://doi.org/10.26803/ijlter.20.10.15

The present paper seeks to demonstrate the thesis of the temporal milestone as a deconstruction of the new paradigm regarding indigenous peoples present in the 1988 Federal Constitution. Until the 1988 Constitution, the indigenous peoples’ right to be on their lands was, in some way, recognized but not the right to remain indigenous, therefore, integration was seen as necessary. In 1988, this paradigm changed and integration was not included in the law. The rights to be and remain as indigenous peoples are recognized, in addition to the primary law to the lands they occupy recognition. This recognition happened mainly due to the struggle of the indigenous peoples that have resisted for 520 years. However, the Supreme Federal Court created the thesis of the temporal milestone that implies that indigenous people are only entitled to their territory if they were there on October 5th 1988. Thereby, the country's largest court disregards indigenous peoples' struggle and the violence that expelled them from their lands so many times. Therefore, the main objective is to critically analyze the thesis of the temporal milestone and demonstrate that it is contrary to the constitution itself and disregards the struggle and resistance of the indigenous peoples. For this, a historical analysis of the indigenous peoples’ rights is made, the case is presented highlighting the votes of the Ministers and then, we presented arguments that demonstrate that the thesis of the temporal milestone means, to a certain extent, the return of the integration ideal and the mitigation of the indigenous peoples’ rights.

Introduction to The Problem: One of the most important functions of political parties in a representative democracy is to recruit or select candidates for public officials. One of which is the selection of legislative candidates. Through this function, political parties will determine whether a person has the quality and capacity to be a member of representative and carry out his role well. Article 241 of Law Number 7 of 2017 concerning General Elections mandates that political parties in selecting candidates must be democratically and openly. But, the criteria of democratic selection is not rigidly regulated because they are fully submitted to be regulated in the internal regulations of political parties.Purpose/Objective Study: This article aims to analyze the urgency of the process of selecting legislative prospective candidate democratically and to find several parameters for the democratic selection of legislative prospective candidate.Design/Methodology/Approach: This is a normative legal research. The research sources consist of primary law and secondary law. It will also use non-legal material sources. Data collection is carried out through literature study.Findings: The results of the research are: First, the urgency of the selection of candidates to be democratically because this mechanism promises some benefits for the societies, political parties, and the quality of democracy in general, i.e: The democratic process of selecting candidates is directly proportional to the satisfaction of the wider community towards the democratic system itself; and tending to produce competent and desired candidates by the public, as well as adopting more responsive policies. Second, the parameters or indicators that can be used as guidelines to determine the democratic selection of candidates will consist of 4 (four) indicators, that are: (1) Candidacy; (2) Selectorates; (3) The level of centralization/ decentralization of selection; and (4) How are candidates nominated?Paper Type: Research Article

This article proposes to explain how the evangelical Free Church commitment to scripture as its primary authority affects their interaction with liturgical theology. Free Church theology is underpinned by various hermeneutical, theological, and cultural commitments—none more central than its commitment to scripture as revelation of and from God—which complicates Free Church engagement with much recent liturgical scholarship that emphasizes the ecclesiological basis for Christian worship and the corollary authority of Christian tradition. In the first part of the article, I provide an exploration of theological authority within Free Church evangelicalism, arguing that their commitment to scripture’s authority is a commitment to the ecclesial tradition of the apostolic church. In the second part of the article, I explore two additional hermeneutical considerations for evangelical liturgical theology that follow from their commitment to scripture: the priority of biblical exegesis in the theological process and the application of a trusting hermeneutic in their reading of scripture.

The application of the death penalty for perpetrators of crimes is an absorbing topic to talk about because it reaps the pros and cons. In Indonesia, despite these pros and cons, the death penalty is still maintained, but only imposed on perpetrators of crimes, categorized as extraordinary crimes, one of which is narcotics crimes. The government's reason for implementing the death penalty is none other than because the death penalty is considered to have a deterrent effect, so that it will be able to reduce the number of narcotics crimes in Indonesia. Therefore, there are several things that we need to review, including, how is the regulation of the death penalty for narcotics criminal offenders based on Law Number 35 of 2009, on Narcotics?How is the implementation of the death penalty for narcotics criminal offenders in Indonesia? Has the application of the death penalty for narcotics offenders proven effective in reducing the number of narcotics crimes in Indonesia?It is essential to answer these questions to increase knowledge for readers and contribute in formulating a more effective and efficient strategy in the fight against narcotics crime. The study was conducted through normative legal research, and the data in this study were secondary data, which consisted of the primary law materials and the secondary law materials. The results of this study show us that Indonesia has declared narcotics crimes as a high-risk crime so that elements concerning narcotics crimes and sanctions are specifically regulated in Law No. 35 of 2009 on Narcotics. However, the number of narcotics crimes in Indonesia remains high, even though the death penalty has been repeatedly imposed on the perpetrators of narcotics crimes, which proves that the death penalty is not effective as a preventive action in combatting narcotics crimes in Indonesia.

The Addressee of a Deontic-modified Sentence – the Case of Primary Law of the European Union in Spanish The study describes one aspect of Spanish legal language of the European Union. The material studied consists of texts of the primary law of the European Union, which include the Treaty on European Union, the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union. The study presents ways in which the addressee of a deontically-modified sentence is construed. Three specific types are distinguished: the addressee expressed directly, the indirect addressee and the implied addressee.

The article underlines the conceptual look at the role and place of constitutional law in the system of EU law and provides its complex characteristics according to formal and material conditions. The work is based on the hypothesis that the role and place of the constitutional law in the system of EU law are similar to those characterizing the similar field in any national law system, democratic state, with features stipulated by the supranational nature of this system of law. It`s substantiated an opinion that the formation of the EU law as an autonomous supranational system of law includes not only the accumulation and integration of the corresponding set of legal acts, but also its gradual differentiation with selection of individual branches and institutions. The leading role in the EU legal system, as well as in national legal systems, is occupied by the constitutional law, owing primarily to its subject of legal regulation. Attention is payed to the fact that after the failure of the common European constitution draft, the term “constitution” in the EU legal system is used exclusively in the substantive sense, and the constitution itself is unwritten (multi-source, combined), like the British one. At the same time, the system of sources of EU constitutional law is characterized by diversity and consists of three levels (subsystems) that regulate the fundamental political and legal relations associated with European integration: primary law, secondary law, common law and case law. It is noted that the core of the subject of EU constitutional law consists of two blocks of public relations: a) relations determining the institutional and functional organization of public authority in the EU; b) relations characterizing the foundations of the legal status of an individual in the EU. These basic political and legal relations are the matrix that determines the formation and development of the relevant general institutions of the EU constitutional law. The example of the constitutional foundations of EU civil society demonstrates that the process of segregation of some institutions in the branches structure of the EU constitutional law continues. At the same time, in general, the structuring of constitutional and legal institutions in the EU repeats the genesis of national constitutional law, at least the one that took place in the states of continental Europe. Attention is payed to the fact that the training of legal professionals in Ukraine must meet the challenges that legal education in the context of European integration. One of the important steps in this direction should be the introduction into the educational process of law schools in our country of disciplines devoted to certain branches of EU law, including the EU constitutional law as the leading branch of this legal system.

Around the world, states cooperate in Regional International Organizations (RIOs). Although most RIOs were created to foster cooperation between their members, most of today’s RIOs are also equippe...

INTRODUCTION. The article discusses the main features of law of the Eurasian Economic Union in field of science, technology and innovation (STI) from the point of view of new challenges of Industry-4.0. The purpose of present study is analysis of current legal regulation of science and technology interconnection of member states and revealing the possible scenarios of its developing.MATERIALS AND METHODS. In the course of preparation of this study, there have been used the act constituting the Union’s law, namely international treaties and documents (decisions, directions and recommendations) of institutional bodies. Additionally, author took into account the generalization of academic economists as to level of science and technology integration within the EAEU. This study is premised on using the general methods of cognition (systemic and structural approaches, analysis and synthesis, deduction and induction) and methods of legal research (comparative, historical and formally-dogmatic). However, as most important has become the systemic approach allowing to understand the EAEU’s law in appropriate field as a complicated and multi-level system.RESEARCH RESULTS. Based on conducted analysis, the author has come to following research findings. The law in field of STI is a subsystem of EAEU’s law as such; subject matter of its regulation is a various forms of interconnection (coordination, cooperation and integration). Analyzed legal complex is unity of subsystems of primary and secondary law, while primary law is characterized by fragmentation. In turn, a great importance in regulating the science and technology interaction belongs to recommendatory acts of Eurasian economic commission. The factor of development of Union’s law in regarded field at the current stage is the recognition of science and technology interaction in a kind of separate integrative direction.DISCUSSION AN CONCLUSIONS. The author has ascertained the controversial issues concerning the completeness of legal regulation of science and technology cooperation and mainstream of its further improvement. The treaty base is needed to be improved first of all. Additionally, removing the imbalance in regulatory environment that means the lag of level of legal regulation of science and technology cooperation in energy sector over regulation in area of industry and agriculture is already in great demand. As a principles of improvement of the Union’s law in field of STI, author has suggested followings: strict adherence to legal model of the EAEU; taking into account the modern infrastructural trends closely connected with diffusion of digital platforms; equilibrium of primary and secondary law; increasing the role of program and strategic regulation; conjunction of differentiation and integration of legal regimes in area of traditional and emerging research and developments.

Free trade agreements between the EU and third countries are used as of one of the tools of creation of a domestic market and foreign policy. This article discusses the practical aspects of the enforcement of such agreements by the Court of the EU and the possibility of their direct action, as well as the interpretation of these agreements and their relationship with the obligations of the EU member states under primary law. The most effective way to overcome all possible contradictions is the consistent and consistent application of this rules by the Court of Justice of the EU.

This paper looks at the various forms of the functioning of the Presidency of Council of the European Union in the European Parliament. This interaction stems from EU legislation and practical inter-institutional arrangements. The overarching aim is to tackle the myriad of interaction in an analytical-descriptive way and shed light on the implications of these practices. The conclusion of this paper suggests that the internal rules of the European Parliament, most notably the rules of procedure, have had an impact on power relations at the expense of the Council although there is no EU primary law legal basis for Council accountability to the European Parliament. These mainly internally driven rules of the European Parliament have contributed to the practical environment for the functioning of the rotating Presidency in the European Parliament hence triggering spillover of tasks for the Presidency. The changes in the power relations may also have repercussions on the competence dimension in the longer term.

The Indonesian state has institutions as a reflection of democracy. Which puts people as the holders of sovereignty. The institution is the house of representatives which is incorporated in the legislative power. In determining the membership of the house of representatives, it remains through the electoral mechanism using the electoral system or the election. This research uses normative juridical research by studying the source of primary law and the source of legal sequences that are either legislation or research results to be carried out an institutional theory approach. The institution has the duty and function in the part of the indonesian state administration system to represent the aspirations or interests of the people. In addition to the duties and function of these institutions have rights that are not owned by other institutions.

Published online 21 October 2020 Health Union raises bioethical questions ranging from resource allocation and risk balancing to respect for specific bioethical prohibitions, as an analysis of the European Parliament’s proposal for such a union shows. To date, European Union (EU) health law has succeeded in avoiding or circumscribing such questions, leading to the limited and inconsistent patchwork of EU bioethical provisions we currently have. Can this continue with a Health Union? This article argues that whilst full harmonisation is neither possible nor desirable, Health Union should entail a deepening of bioethical integration. This should occur via a robust legislative process involving citizen panels and ethical advisory group input; if Treaty change occurs, this process could be included in primary law. This is so for three reasons. First, addressing Health Union’s unavoidable bioethical questions coherently and openly reduces the risk of inadequate protection and, conversely, of interest groups “smuggling in” unsupported answers. Second, this will ensure respect for primary law, including Article 2 TEU and Article 3 CFR. Third, EU biolaw offers a middle ground between limited national and weak international human rights law on bioethics, whilst also consolidating European identity. This article was published Open Access with the support from the EUI Library through the CRUI - CUP Transformative Agreement (2020-2022)

Seatbelt laws are deemed effective at increasing seatbelt use, consequently, reducing fatalities associated with motor vehicle crashes in the United States. Previous studies have provided significant insights about the effectiveness of seatbelt laws, however, studies exploring passenger seatbelt use accounting for the variations in seatbelt laws are not well documented in the literature. Seatbelt laws vary by whether they cover front-seat occupants only or include rear-seat passengers as well. The primary objective of this study was to investigate the differences in adult seatbelt compliance rate based on six categories of seatbelt laws in the United States using crash data. In this present study, six categories of seatbelt laws are considered ranging from no seatbelt law to primary seatbelt law covering all vehicle occupants. Using Tukey-type multiple comparison test, a positive relationship between seatbelt laws and adult seatbelt use was found. Specifically, states with stricter seatbelt laws, that is primary law for all front- and rear-seat occupants, exhibit higher seatbelt compliance rate than those with less strict (partial primary/secondary laws) or no seatbelt laws. Given the significant differences in adult seatbelt use based on our study design (using six categories of seatbelt laws), the analysis support that if states upgrade their seatbelt laws from no/secondary laws to primary laws covering all vehicle occupants, there likely will be positive impacts on adult seatbelt use. The findings in this study are to inform and support decision policies and intervention strategies that are effective at promoting safety for motor vehicle occupants.

Land registration is the first step for landowners to have legal ownership certificates and be recognized by the state in the form of land certificates, the raw errors in land registration result in multiple interpretations of legal certainty regarding land data that will harm landowners, so the principle of prudence in registration land is very important to be applied so that in the registration process there is no mistake and legal certainty is guaranteed from the certificate issued. This study aims to find out and analyze the extent o which the principle of prudence is regulated in land registration regulations so that the implementation of land registration is carried out correctly and appropriately. The type of research used in this research is normative legal research, namely research based on legal materials whose focus is on reading and studying the materials of primary law and secondary law. The results of this study indicate that the principle of prudence has been stipulated in the land registration law by observing the principle of prudence indicators contained in article per article in the land registration law such as the Law of the Republic of Indonesia Number 5 of 1960 concerning Regulations Basic Agrarian Principles, Republic of Indonesia Government Regulation Number 24 of 1997 concerning Land Registration, Agrarian Minister Regulation Number 3 of 1997 concerning Provisions for Implementing Government Regulation number 24 of 1997 concerning land registration, and Regulation of the Head of National Land Agency of the Republic of Indonesia number 1 of 2010 about Land Service and Regulatory Standards.

AnaCredit is a multi-purpose shared data set containing loan-by-loan information on credit extended by credit institutions to companies and other legal entities, and it is conceived primarily as a common granular analytical credit database, shared between the Eurosystem members and comprising input data from all Member States whose currency is the euro; AnaCredit is open to non-euro Member States. However, in order to join AnaCredit, the non-euro Member States must meet a series of requirements set out by the European Central Bank. This article focuses on the legal challenges regarding the lack compatibility between these mandatory preconditions established by the European Central Bank, on the one hand, and the European Union primary law, on the other hand.

Purpose This study aims to provide a development of the courts’ views of climate change risk in planning matters as related to inundation and suggest that valuers and others involved need to be aware of the implications these views have on property matters and valuation processes and reporting. Design/methodology/approach This study engages in a legal doctrinal analysis of primary law sources, being Australian case law. It analyses decisions from Queensland, New South Wales and Victorian courts and tribunals, to establish their views of climate change risk for coastal area developments, who bears the risk and responsibility and if risk is shared. Findings The analysis reflects that developers bear the onus of proving their proposal meets relevant planning requirements including management and mitigation of climate change risks. However, the risk of developing in “at risk” areas is a shared burden, as local government authorities remain responsible for appropriately assessing applications against those requirements. Research limitations/implications This study had several limitations, these included: only matters with a final determination were able to be reviewed and analysed; there is no one Australia-wide planning regime; state laws and policies are different and changing; and disputes are heard in different courts or tribunals, which can impact the weight and importance given to issues and the consistency of approaches. Practical implications This research informs valuers of climate change risk issues related to the inundation of new, and re-, developments, and the importance of court decisions as an additional information consideration to inform their valuations. Originality/value This paper is significant as it provides an understanding of the Australian courts’ current views on climate change risk, and by extension, the implications and considerations for valuations.

This article aims to examine the truth of the possession of shabu-shabu Narcotics found in NS's helmets which allegedly mastered the Narcotics so it must be proven through the process of proof according to applicable formal law. Research in this paper uses a normative juridical research method, namely research that is examined using primary legal material consisting of legislation, jurisprudence. In addition to being studied using primary legal materials, this study was also conducted using secondary legal materials consisting of doctrines, principles, and scienti"c writings that can be found in various literature that are closely related to primary law relating to answering problems in this research.

This work argues that there is no univocal interpretation of what regulatory policy is and pursues. Taking the strategy of the European Commission as a starting point only, it addresses more specifically the Union legislature's perspective, which, in a democratic decision‐making process, cannot compromise its autonomy. In the unique constitutional universe of the European Union, the “Better Law‐Making” agenda pursues an important additional objective: facilitating the very process of adopting legislation by means of interinstitutional conflict prevention mechanisms and through a common approach to interpretation and implementation of primary law. That is the main purpose of the Interinstitutional Agreements on the quality of legislation, which place them in the position of a sort of soft constitutional law

When supporting instructors in the development of online course materials, librarians frequently encounter questions regarding fair use and other copyright and licensing issues surrounding the delivery of course content in an online classroom or through course management systems that support traditional face-to-face teaching. The fair use statute is the primary law by which use of course materials online is evaluated. However, considerations of contract or license agreements must also be made when using digital or streaming materials. Special considerations exist as well depending on the material type.

The subject of research in this paper is the protection of the European Union's external borders by the establishment and implementation of The European integrated border management system. In addition to the implementation by the Member States, this system i.e., the adoption of the Union's (Schengen) acquis, is a priority for the candidate countries during accession negotiations. The process of negotiation for the accession of the Republic of Serbia to the European Union and the opening of Chapter 24, entitled Justice, Freedom, and Security, obliges the Republic of Serbia to accept and implement the European legislation into the national legal system within the field of border security and control. The emergence of the European system of integrated management of external borders is connected with the abolition of internal borders within Schengen integration and designed as a system of protection shaped by European Council guidelines, EU Council conclusions and EU secondary law, to become part of primary law after the adoption of the Lisbon Treaty. Its components and application have a significant impact on the permeability of borders for the flow of people and economic goods and the suppression of security threats at the external (EU) borders of member states, the borders of the Western Balkans and the Republic of Serbia.

Immigration is conceived of as a primary law concern, especially one to be addressed through criminal law. Despite its descriptive accuracy of this view, criminalization of immigration has to be seen rather as putting in question the very governability of the Western states. The paper shows that in trying to tackle this global governance crisis at the domestic level, criminal law is utilized as expansion technique of authoritarian regulation, whereby aliens are implicitly considered as tentatively hostile outcast. Further, the paper shows that the proposal to introduce a system of “cultural defences” in criminal law as a tool of taking cultural attitudes of minorities’ members duly under consideration, cannot do. The reason is, the paper assumes, that, where such defences are accepted, this is so due to the similarity of the respective pleas to the stereotypes of the dominant culture itself. The paper concludes then, that the crucial issue is the need to reinvent ways for establishing a polity without social injustice.

This paper investigates the relationship between legislative provisions and fundamental rights by analyzing the Egenberger, IR, Bauer, Max-Planck and Cresco cases. This paper understands these cases as an invitation to reflect on whether, and if so, to what extent, EU fundamental rights' legislation, read in conjunction with the Charter, could have an impact on the scope of application, substance and/or legal effects of the Charter. This paper argues that the Court of Justice's recent case law can be understood as allowing for EU legislative guidance on fundamental rights to interact in an upward process with the rights enshrined in norms with the same rank as EU primary law. This paper sheds light on the constitutional implications of the overlaps between legislation and constitutional norms on fundamental norms while other contributions in this special issue address effectiveness and the right to an effective remedy in a broader sense.

Sustainability, as compared to the rule of law, human rights, sovereignty or democracy, is a relatively new constitutional key concept. It is mentioned explicitly more and more in constitutional discourses, and – even more importantly – it helps to reconstruct a number of current constitutional debates under one conceptual umbrella. Sustainability comprises different responses to long term social challenges which cannot efficiently be responded to via democratic mechanisms. Democratic mechanisms are based on election terms and which are, consequently, structurally short-sighted. By ‘European constitutional law’, I mean in this paper both the primary law of the EU and domestic constitutional documents. In the present paper I am first going to sketch the nature and the types of the sustainability challenges that contemporary societies face, with a special focus on Europe (environmental, demographic and financial). In the main part of the paper, I am going to show possible constitutional responses to these challenges. Finally, I will summarise the main argument of the paper which is a suggestion to set up an economic constitutional court consisting of economists with the power to annul laws if these contradict the principles of sustainability.

The study aims to analyze the comparative perspectives between Islamic Law and Indonesian Positive Law in the practices of online buying and selling (trading). This study uses a juridical and normative approach with a specification of descriptive-analytical research. The data comes from primary law, secondary law, and tertiary law, and the researcher used a qualitative method to analyse the data. The shift and development of offline-based buying and selling (trading) practices to online practices today has required special regulation in the Indonesian Positive Law. The absence of specific rules regarding the practice of online buying and selling indicates that these activities should be subjected to the existing positive Indonesian laws. The principle of freedom of making contracts in the Civil Code (KUH Perdata) provides freedom to make any trade agreements. For the sake of legal certainty in the execution of online buying and selling, the parties must refer to the provisions of the Civil Code, the Information and Electronic Transaction Law (ITE Law), and the Consumer Protection Law (UUPK Law) that are relevant to the trading practice. In addition to these provisions, Islamic Law within the scope of mu’amalah also provides guidelines for the practice of direct buying and selling, but not online buying and selling; however, Islamic law also provides freedom in mu’amalah. The existence of these provisions makes it interesting to conduct a comparative study on the principles of online trading practices from the perspectives of Islamic law and Indonesian positive law. Islamic Law considers it legal to conduct online buying and selling if the terms and conditions of buying and selling are fulfilled, if it provides benefits and negates harm, and if it does not conflict with Al-Qur’an and Al-Hadith, and if it can be designated as al-‘adatu muhakkamah (a custom which is defined as law). According to the Indonesian positive law, in principle, online trading is legal as long as it fulfills the provisions of trading, that is the fulfillment of the terms, elements, principles, rights, and obligations of the parties regulated in the provisions of the Civil Code, Information and Electronic Transaction’s Law, and Consumer Protection Law, along with providing legal assurance and protection for the parties. Keywords: comparative study, online buying and selling, Islamic law, Indonesian positive law

The Constitutional amendment, made with the Law No. 6771 enacted on 21 January 2017, was approved by the referendum held on 16 April 2017. After the amendment the rationalized parliamentary system, which was applied in Turkey, was replaced by the “Turkish Presidential System”. One of the most important changes is Presidential Decree power given to President. With this given authority, the executive body has been strengthened and attained the “primary regulatory power”. When a Presidency Decree is issued within this authority, the need for “authorization law” to be given by Parliament is abolished and law-making power is given as a self-regulatory process. Whereas before the amendment, law making power belonged only to the Council of Ministers, which had collective responsibility and secondary authority. However, the power to issue Statutory Decree held by the Council of Ministers was dependent on “authorization law” given by the Parliament.The purpose of this study is to compare the Statutory Decrees, which were abolished with the Constitutional amendment of 16 April 2017, with the new Presidential Decrees. In this context, in the framework of comparing Presidential Decree and Statutory Decree; The body that issues the Presidential Decree and the Statutory Decree, the separation of primary and secondary authority, the regulatory area of the Presidential Decree and the Statutory Decree, the comparison of Presidential Decree and Statutory Decree in the State of Emergency and ultimately the judicial review of both the ordinary period and the State of Emergency for both decrees will be discussed., 21 Ocak 2017 tarihinde çıkarılan 6771 sayılı Kanun’la yapılan Anayasa değişikliği, 16 Nisan 2017 de yapılan referandum ile onaylanmıştır. Anılan Anayasa değişikliği 9 Temmuz 2018 de bütünüyle yürürlüğe girmiştir. Bu değişiklik sonucu Türkiye’de uygulanmakta olan rasyonelleştirilmiş parlamenter sistem yerini “Cumhurbaşkanlığı hükümet sistemi” olarak isimlendirilen başkanlık sistemine de benzeyen ancak kendine özgü yeni bir sisteme bırakmıştır. Bu yeni sistemin getirmiş olduğu en önemli değişikliklerden biri Cumhurbaşkanına doğrudan Anayasa ile Cumhurbaşkanlığı kararnamesi çıkarma yetkisinin verilmesi olmuştur. Verilen bu yetki ile yürütme organı güçlendirilerek “asli düzenleme yetkisine” kavuşmuş, Cumhurbaşkanı “ilk elden” kararname çıkarabilir hâle gelmiştir. Bu yetki kapsamında Cumhurbaşkanlığı kararnamesi çıkarılırken, Cumhurbaşkanına yasama organınca verilecek “yetki kanununa” gerek duyulmaksızın ve re’sen düzenleyici işlem niteliğinde norm ihdas etme gücü verilmiştir. Oysa anılan değişiklik öncesi, norm niteliğinde kural koyma yetkisi sadece kolektif sorumluluğu olan ve tali yetki kapsamında Bakanlar Kurulu’na aitti. Ancak Bakanlar Kurulu’nun bu yetki kapsamında çıkardığı kanun hükmünde kararnameler TBMM’den alınacak bir “yetki kanununa” bağlı olarak çıkarılabilmekteydi. Anılan değişiklikle kanun hükmünde kararname kaldırılmış olup, yerine Cumhurbaşkanına geniş haklar tanıyan kararname çıkarma yetkisi verilmiştir.Bu çalışmanın amacı 16 Nisan 2017 Anayasa değişikliği ile kaldırılmış olan kanun hükmünde kararnameler (KHK) ile yeni dönem Cumhurbaşkanlığı kararnamelerinin (CBK) karşılaştırılmasıdır. Bu bağlamda CBK ile KHK karşılaştırılması çerçevesinde; CBK ve KHK’yı çıkaran organ, asli ve tali yetki ayrımı, CBK ve KHK’nın düzenleme alanı, Olağanüstü Hâl (OHAL) CBK- OHAL KHK’larının karşılaştırılması ve en nihayetinde hem olağan dönem hem de OHAL CBK ve KHK’larının yargısal denetimleri ele alınacaktır.

FROM THE CONTRACT OF GOVERNMENT TO RELIGIOUS INTOLERANCE. SAMUEL RUHTERFORD AND CONTRACTARIAN JUSTIFICATION OF RELIGIOUS PERSECUTIONSSamuel Rutherford 1600?–1661 was a Scottish Presbyterian minister whose political writings form a part of the controversial literature written during the English Civil War period in the mid-seventeenth century. Most of his political writing was done while he sat as a Scottish commissioner in the Westminster Assembly of Divines. His major political book, Lex, Rex was burned by order of the Restoration Government in 1660, and Rutherford was cited on a charge of treason as its author. In his opinion, in order to form a government men contract with one or more men among themselves, giving to them the authority of rulership. The ruler is under contract to rule according to the higher law for the welfare of all people. Rulership is a trust from the people and is never given without reservation. If the ruler misuses his trust, the people have the right and duty to resist him in order to preserve themselves within the higher law. Knowledge of the higher law comes through reason but reason is fallible. However, God has graciously provided the infallible Scripture as a guide to reason. Rutherford believes there is only one true interpretation of Scripture and that God has given to the Church primary authority in interpretation. In this article, the Author argues that Rutherford’s doctrine of exclusive truth leads him to an uncompromising position of religious intolerance.

Much has been written since the early 1980s about the costs of regulation and the various ways to curb them, but thus far no one has examined empirically the rise or decline of other forms of legislation, mainly primary legislation, in the context of the “war on regulation.” This article examines the extent to which the decline in the rate of production of secondary legislation in Israel since 1985 has been driven by changes in the rate of production of primary legislation. Using an original longitudinal data set, we count, codify various dimensions, and compare the type and length of primary and secondary legislations and the number of delegated provisions that primary legislations contain. We find that the relationship between primary and secondary legislation is not hierarchic, as one might have expected, but has become partially substitutive. The decline in the rate of production of secondary legislation in Israel is, perhaps paradoxically, associated with the rise of primary legislation. This opens a new research agenda on the relationships between primary and secondary legislation that goes well beyond the Israeli case.

The law on state-church relations is no longer exclusively a national concern of the EU Member States. Despite supposedly strict neutrality clauses in the primary law of the EU and rigid statements—inter alia—by the German Federal Constitutional Court, it is safe to assume the formation of a supranational EU law on religion, which also touches upon the status of the churches and religious associations. This becomes obvious when state-church relations in Europe are reconstructed as a double conflict of laws that comprises interlocked conflicts between ecclesiastical law and worldly law, as well as between EU law and national law. Within the triangular relationship of these different legal spheres, EU law steers state-church relations towards the non-discrimination principle. The controversy in German law on religion between the proponents of a collective, institutionalist understanding (classic “Staatskirchenrecht”) and advocates of a rather fundamental rights-centered, individualist reading of the Constitution (“Religionsverfassungsrecht”) hence needs to be reconsidered. EU law calls for including yet a third paradigm into the debate: Equality.

This study aims to find out the form of Legal Assurance Guarantee on Capital Lending of Household Business Activity in terms of Law Number 10 the year 1998 Concerning Amendment to Law Number 7 of 1992 Concerning Banking and Constraints in Capital Lending Process by Household Business Actor in Banking. This research is normative law research that comes from primary law material and secondary law material. The result of the research shows that the form of Assurance of Legal Certainty to the Capital Lending of Household Business Activity, namely Forms of Guarantee that is in Tangible Assurance Form, Intangible Assurance Form, Form of Guaranteed Movement, Form of Assurance of Permanent / Unmoving Equipment. And the form of legal certainty to the lending of the capital of household business activity that is in the written form contained in the Letter of Credit Agreement (SPPU). Then to the Constraints in Capital Loan Processing by Household Business Actors in Banking namely Incomplete and Valid Data, Procedure of business loan to bank is often time-consuming, the process is complicated and the conditions are not easily fulfilled, Business Considered Less Productive, Absence of Collateral / Additional Guarantees, Bad Business Legality, Bad Credit History. Therefore, it is suggested that in the future, the bank can further facilitate the debtor in applying for the household capital loan, although the bank applies the prudential principle by requiring the collateral to guarantee its legal certainty, the bank is also expected not based on the collateral aspect but also the bank consider other aspects.

Health jurisdiction at this time is increasingly widespread, people are becoming increasingly aware of their rights protected by law. Juridically the hospital is responsible for all losses caused by negligence of health workers in the hospital. To minimize or eliminate losses due to negligence of medical personnel, hospitals hire employees in accordance with his profession to give direct patient health. In the background there is a legal issue in hospital services, namely legal responsibility for mentally ill patients who have escaped from the inpatient hospital. There will be legality problems and the burden of responsibility to the hospital or guard officer in the inpatient room for mental patients who escape from the hospital inpatient room. The research method used in the research is descriptive normative, using a statute approach and conceptual approach. Legal materials used are a source of primary law (criminal code, civil code, the law of the health sector, and regulations the minister of health) and secondary legal materials (textbooks, literature, the literature related to the discussion). Results of the research showed that responsibility for mental patients who escaped from the room inpatient can be grouped into three groups, namely responsible for the field of hospital, the person in charge is the head of the hospital, responsible for the medical field, the person in charge is each doctor, responsibility of the nursing field, the person in charge is each nurse. Where this is a civil case then becomes the responsibility of the home, and when the criminal case it becomes important responsibility beach offender.

Trademark is a mark of commodity or service origin indentification which related with its producers. Trademark function is not only to differ a commodity with another commodity, but it has function as priceless company asset, especially for well-known mark. A trademark which became famous will make that trademark becomes valuable assets or properties of the company, but in the other side, the fame will lure other producers to run unfair business to commit “piracy” or imitate it. One of it happens on trademark dispute on case decision No.1 557K/Pdt.Sus-HKI/2015. This research research is to know protection toward well-known mark and PIERRE CARDIN LOGO are reviewed by normative intstrument which is Law No. 15, 2001 and TRIPs Agreement along with juridical concequence of Supreme Court Decision No.1 557K/Pdt.Sus-HKI/205 toward well-known mark in Indonesia. The method used in this research is normative research with law and conceptual approaches. This research uses primary law material and secondary law material, then the law materials are analyzed qualitatively and served prespectively. Research shows that: 1) Determination of court decision by the council of judges was according to valid law which is Law No. 15, 2011 regarding trademark but TRIPS Agreement aspect is not noticed entirely, justice and prosperity aspects which must consider economy and morale loss impacts by the user or owner of that well-known mark; 2) Juridical Consequence from decision No.557K/Pdt.Sus-hki/2015 is well-known marks which are enter to Indonesia must follow indonesia national law, even though sutantively it was registered in several countries and obtained fame globally.

The present article aims to examine the admissibility requirements of the European Citizens’ Initiative in the light of primary law provisions and general principles, in particular the principles of conferral, participatory democracy, legal certainty, protection of legitimate expectations and good administration, as reflected in the recent case law of the General Court. More specifically, it is examined how these principles and the primary law features of the instrument provide a clear theoretical underpinning for determining its material scope and serve as guidance for the legislator when regulating the admissibility mechanism and for the European Commission when applying the relevant rules. The recent Commission proposal on a new Regulation on the European Citizens’ Initiative is also assessed against this backdrop.

The Court of Justice of the European Union has ascertained that free movement provisions as enshrined in European Union primary law entail not only mandatory rules prohibiting the creation and/or maintenance of national barriers to trade within the single market, but also subjective rights of economically active individuals to be enforced by national courts. Historically and as a matter of principle, such rights are recognized vis-a-vis Member states only, and therefore they do not deal with legal relationships between private subjects. However, over the course of time the case law of the Court has made apparent that free movement rules can also be of relevance to shape some legal interactions between private parties. This contribution offers an analytical approach to the mechanisms through which this may happen as well as a reflection about the challenges it involves for the composite European legal orders. Such challenges concern, inter alia, the blurring of the traditional boundaries between public, and private law and between competition law and free movement; the development of new forms of administrative action; and the institutional allocation of competences between the Union and the member states, as well as between the legislature and the judiciary.

The regulation of abortion in positive law in Indonesia is contained in two laws, namely the Criminal Code (KUHP) Article 299, 346, 347, 348 and 349 and regulated in Law No. 36 of 2009 concerning Health Article 75, 76.77. There is a difference between the Criminal Code (KUHP) and the Law with the formulation of a problem, namely 1. How is the Legal Regulation of Crime Abortus Provocatus? 2. Law Enforcement Against Crime of Abortus Provocatus According to Criminal Law The research method used in this study is the approach used to this problem The research material was obtained through a normative juridical approach namely legal approach by looking at regulations, both primary law and secondary law or approach to problem by looking at the prevailing laws and regulations, literature, scientific work and opinions of experts and so on.

The article examines the international legal aspect of the EU's cooperation with Norway regarding the supply of natural gas. It was investigated that this cooperation is regulated by legal acts related to different legal order. These are: 1. Bilateral and multilateral international treaties concluded by the EU and the member states with Norway; 2. Agreements concluded by the EU with Norway; 3. Acts of EU law and joint bodies with the participation of the EU and Norway; 4. Norwegian legislation and EU member states; 5. Private gas contracts concluded between the legal entities of Norway and the EU member states. The key in this sense is the Norwegian legislation, the obligations of the parties under the Agreement on the European Economic Area (EEA) and the rules of secondary and primary law of the EU. As part of its commitment to the SES, Norway has adopted most of the EU primary energy law rules for energy in 1994, but Norway's renewal of legislation in line with the further liberalization of the European energy market is slow. So far, Norway has only included in its legislation the norms from the acts of the Second EU energy package (2003), but the latest trends in the EU energy law - from the Third Energy Package (2009) - have not yet been implemented.

A stream of recent judgments by the Grand Chamber of the European Court of Justice has shed light on the procedures that govern treaty-making by the European Union. This article explores how this case law approaches the principle of institutional balance and the duty of cooperation between the institutions. It argues that the former is construed in a balanced manner on the basis of a literal interpretation of primary law that promotes strict compliance with procedural rules and does not favour a particular institution. As for the duty of cooperation, whilst its procedural dimension is strengthened, its scope remains somewhat elusive. The analysis identifies a pragmatic streak in the Court's balanced approach, and argues that there is an inherent limit to the impact of constitutional law on inter-institutional disputes. Ultimately, the less time and energy the institutions waste on turf wars about their procedural powers, the greater their contribution to inceasing the efficiency of the Union's treaty-making practice.

The article discusses the activities, involving the creation and unification of the sources of extradition law and modernization undertaken in the institution of extradition within the European Union, aimed at creating a coherent and efficient system for fighting crime. It presents the evolution, that EU extradition law in the last decade was a subject to, which reflects the changes made in primary law, international agreements and the Acts signed by the institutions of the European Union. It provides an analysis of the existing extradition relations model within the European Union and its impact on initiatives to simplify and accelerate the extradition procedure undertaken outside the framework of the European Union. Keywords: extradition law, EU, procedures, European Arrest Warrant

The Chapter deals with the use of sanctioning powers in the context of EU data protection law and reflects on the thorny relationship between different typologies of sanctions (criminal and administrative) in the light of the new administrative sanctioning powers of the Data Protection Authorities. The analysis starts form short historical presentation of the EU (secondary) laws dealing with data protection and, then it looks at changes to EU primary law brought about by the Treaty of Lisbon with an explicit imperative to improve EU data protection. The core of the analysis discusses the system of remedies in the GDPR and some examples of recent sanctioning practices by the national DPAs. The analysis is followed by three more reflective sections about supervisory convergence without creating new EU institutions, the administrative enforcement fray and defence rights and the role of criminal law in EU data protection law. The chapter also offers some guidance observations about the operationalisation of the threefold system of enforcement set up by EU data protection law.

This chapter discusses the evolution in jurisprudential understanding of the relationship between copyright and freedom of artistic expression in the European Union. It demonstrates how courts in France and several other EU member states have accepted a “fair use” approach that applies fundamental rights as external limitations to copyright law, in compliance with the case law of the European Court of Human Rights but contrasting with the recent conflicting position of the Court of Justice of the European Union. The chapter first analyses the application of freedom of artistic expression to copyright law on a case-by-case basis and shows that, although long contested, such an approach is now mandated by EU primary law, thus “flexibilizing” significantly the legal framework in this area. It then examines the balancing act between fundamental rights and copyright, with particular attention paid to the weight the judiciary should afford freedom of artistic expression versus copyright law in cases of creative appropriation, in order to comply with the obligations resulting from European, national, and international human rights provisions. Finally, the chapter concludes with a discussion and evaluation of the growing need for legislative reform to render freedom of artistic expression fully compatible with copyright law in the context of creative reuses of protected works.

Gender diversity is a global issue as corporations agree that it is fundamental to sustainable business practices. Accordingly, there is a benchmark for international best practices which advocates for gender parity in the workplace. This has led several countries to voluntary interventionist methods as well as laws and codes of corporate governance across the globe in order to comply with the international benchmark. However, research had shown that Nigeria has not adopted this benchmark which has resulted to the lack of gender diversity. This study appraised corporate governance and gender diversity in Nigerian quoted companies. This study adopted a phenomenology research design. The population comprised of 1,297 directors of Nigerian quoted companies. Creswell’s recommendation was used in arriving at a sample size of 62. Random sampling and snowballing techniques were adopted in selecting the respondent, comprising of 47 men and 15 women. A validated interview discussion guide was used to collect the data. Reliability was evidenced by the stakeholder’s theory. The response rate of 100% was achieved. Data were content and thematically analyzed. Findings revealed that in Nigeria, there is no primary law on corporate governance and gender diversity. Rather, there are secondary laws particularly the national codes of Financial Reporting Council (FRC) and the Securities and Exchange Commission (SEC), which have weak implementation, poor enforcement mechanisms and uncertainty regarding legal status of the codes. Also, the underrepresentation of women’s ascension to top directorship positions is embedded in the African socio-cultural patriarchy.Furthermore, findings revealed that there is a different yardstick for measuring gender diversity in the Nigerian quoted companies which differs significantly from the international standard best practices. This study concluded that there is no adequate legal regulation on gender diversity and corporate governance in Nigeria. The study recommended deliberate policy endorsements for a mandatory legislative quota. The Nigerian Stock Exchange in line with SEC, Central Bank of Nigeria and FRC should effectively champion the cause of boardroom gender diversity and enhance its awareness and implementation in the Nigerian quoted companies.

The EU’s commitment to the promotion of equality became one of the most significant features of its supranational legal order. Rooted in a few fragmental provisions at the initial stage of European integration, the principle of non-discrimination has seen unprecedented development. After being recognised as having fundamental status under primary law and in the case law of the Court of Justice, it has been escorted by the system of advanced legal instruments to ensure its effectiveness. The broad attention to the subject both at political and judicial levels has inspired the European legislator to constantly extend the scope of application ratione materiae and ratione personae of this principle.

EU legal standards are often based on fundamental principles of EU primary law. They can have extraterritorial effects when influencing or determining the negotiating position of the EU institutions in the process of treaty-making with relation to third countries. A recent example is the international investment protection in the field of energy law. The Union’s position concerning the modernisation of the Energy Charter Treaty draws on the primary law interpretation of the European Court of Justice concerning the compatibility of arbitral tribunals with the autonomy of EU law, its regulatory freedom and the requirements of the rule of law. Although these standards will necessarily contribute to the shaping of a modernised form of investment protection in energy law, it is indispensable to keep a compromise-oriented approach when negotiating the Energy Charter Treaty. The current challenges of energy transition require an effective and sustainable rule based system of international investment protection.

As mentioned in Chap. 9, the European Union, despite the limitations provided for in the Treaties, is clearly entering the area of primary morality policies. Consequently, in view of the close link between these policies and anthropology, and considering the “flexible” solutions provided in the Treaties and constituting the anthropological pillars of EU policy described in Chap. 10, a question arises about the anthropology adopted in the EU’s political practice. The nature of morality policy makes it impossible, as indicated above, to “abstain from voting.” Even if primary law does not clearly define the EU’s position, its institutions must, at least implicitly, adopt an operational definition. In other words, they need to take a stance in the dispute over man. It should be added that, given the flexibility of the EU’s axiological pillars and the institutional and decision-making specificities of the Union, characterized by disparities in the organizational, political and cultural identities of its major institutions, it may be assumed that the anthropological perspective adopted by each institution may differ as well. At the same time, the socialization processes within the Brussels elites and the consensual logic of the decision-making process, manifested not only in the fact that the EU Council rarely resorts to voting, but above all in the fact that decisions are taken in the course of interinstitutional agreements made outside of the official mechanisms provided for in the Treaty, seem to suggest that these differences will not be fundamental. They may, therefore, be visible more in the scale of engagement than in the general orientation of its policies. The analysis carried out in this chapter, following the theoretical assumptions made in Part I and the findings made in Chap. 9 on the role of language in morality policy, focuses on the language of EU institutions. For if “it is the institutions that are the carriers of culture, ideas, etc.,” the basic communication channel of these ideas is always the language. Given that in the literature of the subject it is recognized that “one source of EU integration has been the development of a common discursive political vocabulary that constitutes a source of political legitimation,” there can be no doubt about the importance of the use of terms for the orientation of European policy. The study has therefore been focused on the main institutional actors of the European Union: the European Commission, the European Parliament, the Council of the European Union, and the Court of Justice of the European Union.