Finally, the article concludes the analysis with new suggestions for the effective implementation of anti-dowry laws in Bangladesh. As regards the punishment of dowry-related offences, Article 3 of the Act places less emphasis on punishments.
Role of Law Enforcing Agencies A. Role of the Police
Again, it is evident that in cases of dowry violence, sometimes the attitude of judges and magistrates is not friendly towards women. state,54 where there was no clear evidence of the incident, a division of the High Court ruled that.
Problems of adducing evidence and to prove
More than 50% of the respondents are aware of the law, but only few know the details about the law. Another respondent, Nurnehar Khatun, posed a counter question, 'should I take any action against my husband?' Yet this is the overall picture in most cases in rural areas.
Conclusion
1 Chile, under the military regime of General Pinochet, pioneered the process of structural reform in 1981, replacing the PAYG system with privately managed individual savings accounts. Reforms in Argentina (1994) and Uruguay (1995-96) consisted of the establishment of mixed systems, including a reformed PAYG system and private individual savings accounts.
Privatisation of Pension Scheme in Nigeria: Analysis and Appraisal of the Pension Reform Act, 2004
Introduction
The pension scheme under the Pensions Act, 1974 was run on the PAYG system and funded from the Government's Consolidated Revenue Fund – see section 2 herein. This paper is therefore about an analysis and assessment of the Pension Reform Act, 2004.
The Pension Reform Act: An Overview
However, Section 9(4) of the Act allows any person normally exempted by it to make voluntary contributions in terms of the Scheme. Similarly, section 7 of the Act exempted from tax any amount payable as retirement benefit under the Scheme.
Socio-Economic Implications of Privatisation
But as with all privatized pension systems, such as those in Chile, Singapore and Argentina, the privatization of the pension system in Nigeria has changed some basic principles of social security, such as income redistribution and solidarity. Some of these new inequalities are related to the performance of the investment and interest rates at retirement, which will have a direct impact on the size of the annuity.
Perceived Defects in the PRA, 2004
The main objective of the Act, as stated inter alia in Section 2 thereof, is primarily to provide pension benefits to the contributors under the scheme. Furthermore, the use of annuities in the provisions of section 4(1)(b) of the Act may inadvertently cause unintended redistribution that may be perverse by penalizing low-income workers.
Imperatives for Further Reforms
Also, the provisions of Section 5(2) of the Act should be amended to remove the inherent ambiguity and thus grant equal and unquestionable recognition to the next of kin. The one (1) year requirement for presumption of death in the case of a missing RSA holder should also be amended to align it with the seven (7) year requirement under the provisions of the Evidence Act.
Conclusion
Appropriate guidelines or criteria for determining the expected life expectancy of retirees in terms of the Act must also be provided by the Commission. Indeed, one of the common features of structural social security reforms in most countries is the separate arrangement usually made for the poverty prevention part of the old-age system.
Towards Sustainable Public Procurement in China: Policy and Regulatory Framework, Current Developments and The Case
It is therefore argued that the effectiveness of the system is questionable and that there is a problem with the legality of such a mandatory system under current Chinese public procurement and accreditation laws. UK Government Sustainable Procurement Action Plan - Incorporating the Government's response to the Sustainable Procurement Task Force report. [On-line]. Second, public entities are a creator of the market for green energy and environmentally friendly products.
In fact, the current system for ordering ECPs came with the remarkable development of public procurement law and energy conservation policies. 24 The later adopted Energy Saving Act (2007) raises the issue of energy. However, it can be seen that the effectiveness of the current system is limited in a number of ways. 39 Articles 17 and 49 of the Regulation on Energy Saving of Public Entities and Article 25 of the Act on Promotion of the Economy through Recycling.
51 Article 2 of the Chinese Administrative Measure on Certification of Energy Saving Products (adopted on February 11, 1999). 52 Article 3 of the Chinese Administrative Measure on Certification of Energy Saving Products (adopted on February 11, 1999). 62 As appears from section 10 of the act on the promotion of clean production and section 22 of the energy saving act.
Libelocracy
One is Jeffrey Archer, who, among other notable attributes, was an MP and deputy leader of the Conservative Party. The second distinguishing feature of the English court process is that some of the defamation arose out of matters of personal rather than political conduct. The third distinguishing feature of British lawsuits is that litigation was exclusively of the civil variety.
For criticism of the judgment, see the report by Stuart Littlemore QC to the International Commission of Jurists (see http://www.singapore-window.org/icjjbrep.htm). Singapore Democratic Party,65 the conduct of the defendants in their oral submissions and cross-examination in court was condemned as "scandalous conduct". This brief survey should not be interpreted as an endorsement of all the actions of government opponents in Malaysia and Singapore.
The cornerstone of the approach was the requirement of proof by the plaintiff of the "actual malice" standard. Since then, Reynolds has been used in several cases, but only recently, perhaps after a learning curve from the media, has it been used by the defense. Mirror Group Newspapers,137 in which the Court of Appeal concluded that courts should be more prepared to reduce awards under section 8 of the Courts and Legal Services Act 1990138 because of the proportionality requirement in Article 10.
Analysis on Regional Autonomy associated with the Legislative Process in Perspective of Sociology of Law
- Regional Autonomy In the Perspective of the Sociology of Law From a sociologic perspective, an academic paper is prepared by examining the reality of
- Formulation of the Problems
- Research Purposes
- Law No. 27 of 2009 on MD3 (MPR DPR DPD and DPRD);
- Conclusion
61 of 2005 on Procedures for the Preparation and Management of the National Legislative Program, Presidential Decree No. It is undeniable that there are rules and legislation formulated by the legislature6 both at the central as well as at the regional level of government, which are not in accordance with the principles of the formulation of regulation and legislation. One of the activities in the planning process of formulating regulation and legislation is the preparation of academic articles.
10 of 2004 on the formulation of regulations and legislation, academic research was not part of the process of drafting the bill. The provision on academic contributions can be found in Article 1, Paragraph 7 of Presidential Decree no. Autonomy is related to the division of duties and responsibilities of bodies for regulating and managing the affairs of central and local government.
How is the mechanism and the legislative process linked to the duties and authority of the House of Representatives on a formal legal basis? The procedures for the establishment, abolition and integration of the area referred to in Article 4, Section 5 and Section 6 shall be regulated by the Government. See also List II of the State List of the Ninth Schedule to the Federal Constitution.
Administration of Islamic Law in Kadhis’ Court in Zanzibar: A Comparative Study with the Syariah Courts in Malaysia
As a natural consequence, Islamic law thereafter continued to shape the lives of people until the advent of the. Stephens, "The Laws of Zanzibar," Journal of the Society of Comparative Legislation New Series, [1913] Vol. On the contrary in Federal Territories of Malaysia, the constitution, jurisdiction and powers of Syariah Courts are summarized under Part IV of the Administration of Islamic Law (Federal Territories) Act 1993, Act No.
As a result, it helped balance the jurisdiction of common law courts and Islamic law courts. Ibrahim, 'Amendment to Article 121 of the Federal Constitution: Its Effect on the Application of Islamic Law' [1989] 2 MLJ xvii at 17. 71 Structurally, the Kadhi Courts in Zanzibar are subordinate courts to the High Court, which is technically a common law court.
Another example attesting to a blending of Islamic and common law practices in Zanzibar can be seen in the application of rules of evidence in the courts of Kadhis. The impact of the Evidence Decree of 191780 on the abolition of the Islamic law of evidence is still unattainable. The above analysis examines the position of the legal framework in the application of Islamic law to Zanzibar, compared to the Malaysian experience.
Legislative Action for Protection of Juvenile Offenders in Malaysia and Bangladesh: An Overview
- State Laws and Policies in Bangladesh A. Domestic Legislation
- Laws and Policies of Juvenile Justice in Malaysia A. National Legislation on Juvenile Justice
- Major Findings
- New Directions A. Bangladesh
12 Malaysia began to create such an environment when it ratified the Convention on the Rights of the Child (CRC) in 1995, initially with twelve reservations. The law did not prescribe a completely reliable method of determining age, i.e. who is going to determine/identify the age of the child. The age of the child has been increased from 16 to 1824, which means that an offender will be treated as a minor.
The Committee on the Rights of the Child, in its concluding observations on Bangladesh, has repeatedly expressed concern about the administration of the juvenile justice system, and the Committee has done so specifically. 47 Convention on the Rights of the Child (CRC) adopted by the United Nations General Assembly on 20 November 1989. The Convention entered into force on 2 September 1990 in Bangladesh. Malaysia started its child protection and welfare program when it ratified the Convention on the Rights of the Child (CRC) in 1995.
This was a major step for the country, especially the Government's efforts to comply with the CRC, especially through the enactment of the Children's Act in 2001. Malaysia ratified the Convention on the Rights of the Child (CRC) in 1995 with ' an initial 12 reservations. Amend the Children's Act to include detailed provisions to protect the rights of the child during arrest, investigation and police custody.
Appraisal of What Constitutes Legal Gaps and How They Are Filled in Different Jurisdictions
The Efficiency of Common Law: The Puzzle of Blended Legal Families,” Wisconsin International Law Journal, Vol. In light of the issues to be addressed in this subsection, one of the sub-types of the legal void as a general concept is the legal vacuum. English common law grew out of the changing and centralizing power of the king during the Middle Ages.
Since the law excludes a legal solution to the question, the legal gap can only be removed by a violation of the law, i.e. Discretion within the system itself is a technique that gives ample space to the judge in his characterization or interpretation of the facts. Roberto MacLean, second technique for exercising discretion within a Civil Justice System is through the interpretation of the law.
In addition to these general techniques present within the codes themselves, Roberto MacLean, asserts that the judge in the Civil Law tradition has sufficient discretion.101 to achieve justice beyond what is given simply by the words of the law. Whatever we do must be in accordance with the fundamental principles and policy of the law. It is therefore a natural response to the challenge posed by the dynamic nature of society.
