Nowa wersja platformy, zawierająca wyłącznie zasoby pełnotekstowe, jest już dostępna.
Przejdź na https://bibliotekanauki.pl
Ograniczanie wyników
Czasopisma help
Lata help
Autorzy help
Preferencje help
Widoczny [Schowaj] Abstrakt
Liczba wyników

Znaleziono wyników: 60

Liczba wyników na stronie
first rewind previous Strona / 3 next fast forward last
Wyniki wyszukiwania
Wyszukiwano:
w słowach kluczowych:  legal system
help Sortuj według:

help Ogranicz wyniki do:
first rewind previous Strona / 3 next fast forward last
1
100%
FR
Jusqu'au XVIème siècle la législation dans l'Empire éthiopien était principalement fondée sur les règles du droit canonique, les commandements bibliques, et des éléments du droit coutumier. Il a fall au attendre l'apparition du premier écrit code juridique pour voir l’intégration du droit romain et byzantin dans la législation éthiopienne. La codification du droit en Ethiopie, qui a eu lieu dans les années 1924-1933 et 1950-1960, a exigé des codificateurs l’application des législations des pays du monde occidental. Pour la création du code criminel et du code civil, on a utilisé les codes des pays dont la législation s’appuyait sur le droit romano-germanique, aussi bien que ceux des pays dont la législation reposait sur le droit anglo-saxon. Le texte ci-dessous tente de repondre à la question: à quelle famille juridique appartient la législation éthiopienne contemporaine?
EN
The integration of legal systems in European is one of the most important issues. This process has started by the fact that there are significant differences between the civil law and common law system and between the legal families in it. A law (at domestic or international level) should not be viewed against the backdrop of the historical, political, cultural, social and economic context in which they function. In order to shed further light for our readers, we analyze by emphasizing the significant differences between the civil law and common law system on one side and the legal families that are part of the same legal system, either “Civil” or “Common,” on the other side. The Europeanization of law refers to the communization of the law by EU institutions and to a process that aims at creating a common Europe legal system. In the end, either in medium or long term, the Europeanization is contributing to the so-called non-mandatory or soft harmonization of private law. It is in the best interest of the EU to seek adequate judicial instruments to accommodate the massive numbers of laws deriving from different Civil Law and the Common law systems.
EN
The publication introduces the profile of Solon who was a famous character of the ancient Greek law culture. In the first place there is a presentation of Solon’s origin as a man and the citizen of one of the Greek polis – Athens. Next he is showed as a person who has a significant contribution to the development of the Greek law culture, which is expressed in his activity as a designer of the important legal solutions that enabled the permanent reduction of social tensions and conflicts. At the end there is a presentation of the influence of the values propagated by Solon upon the progress of the fundamental rights in Europe. The Solon’s work deserves a particular protection as a type of a sign-post for the activity of the contemporary legislator.
EN
The Constitutional Court has ruled on the lapse of the provision and on its re-entry into the legal system. According to § 4(3) of the ruling G62/2017 ua G62/2017-12, G63/2017-14 the expression “and 3” in § 16(5) of the law of financing political parties (LGBl 79/1981, idFLGBl 7/2017), should be repealed as unconstitutional due to a violation of the principle of equality before the law which also binds the legislator. These provisions illustrate the status of the law, as they were part of the legal system for some time and could be properly applied by public authorities. The ruling was issued on 14 June 2017 and concerns the re-entry into force of the previous legal status. However the Court emphasized that this matter should be regulated by the legislator of the Land of Salzburg. Regardless of the actions taken by the law-makers, the Constitutional Court had to deliver a judgement that is in accordance with the logical principle elaborated on the basis of Article 140(6) of the Austrian Constitution (Bundes-Verfassungsgesetz).
EN
The article concerns the issue of trade law in the context of its evolution and the current realities of its being in force in Republic of Slovakia. In the paper the authors present an historical view of the creation of legal regulations about trade from ancient times to present days. In the first part of the paper the political system and its components are discussed. The reader will be able to acquaint themselves with the functioning of the apparatus of executive power (the government and ministries), legislative power (the parliament consisting of 150 members) and judiciary (independent courts and prosecutors) in the Republic of Slovakia. Moreover, this part of the article provides information about practical aspects of the creation of selected components of the constitutional legal order (e.g. parliamentary elections). In the second part, the paper covers the evolution of trade law over the centuries, approaches to regulations in Mesopotamia, based on, inter alia, the Code of Hammurabi, and also in ancient Egypt and Greece. Tracing the development of trade law over the centuries, the authors also present the evolution of legal regulations in this field in the XIX century, with particular reference to France, Germany and Austria-Hungary (especially the territory which today forms the Czech Republic and the Slovak Republic). In the last part of the article, the forming of regulations of trade law in Czechoslovakia from 1918 and during subsequent periods which created the history of that country, to the overthrow communism and the peaceful division of the state in 1993 into two separate, independent state organisms – the Czech Republic and Slovakia - is approached.
EN
The subject of this article is the institution of the constitutional complaint, which is analysed in connection with European integration. It should be noted that Poland’s membership of the European Union has had a great influence, not only on the system of national law, but also on the jurisprudence of the Polish Constitutional Tribunal; therefore considerations are carried out here mainly in relation to the Constitutional Tribunal.            In examining the issue of the constitutional complaint, the following assumptions may be stated. First, the constitutional-complaint procedure, is in fact, the examination of the compliance of legal norms with the Constitution, any deviation being related to the entities initiating proceedings before the Constitutional Tribunal, Article 191(1)(6), of the Constitution[1], and to the material scope of the complaint, as determined in Article 79 of the Constitution. Second, there is no doubt that the constitutional complaint can become an important legal instrument shaping the jurisprudence of the Polish Constitutional Tribunal, which has to face constitutional issues related to European integration[2]. Following the example of the practice of other Member States, e.g. Germany, the Tribunal may use the institution of the constitutional complaint as a means of controlling the compliance of the secondary law of the European Union with the Constitution of the Republic of Poland.   [1] The Constitution of the Republic of Poland, Journal of 2 April 1997, Journal of Law 1997, No. 78, item 483, as amended. [2] The literature on the subject indicates that the membership of nation States of the European Union obliges constitutional courts to act in the field of integration. Their task is to set the boundaries and conditions for the integration process. Jurisprudence in this area is referred to as acquis constitutionnel. Cf. Aleksandra Kustra, “Model skargi konstytucyjnej jako czynnik kształtujący orzecznictwo sądów konstytucyjnych w sprawach związanych z członkostwem państwa w Unii Europejskiej,” Państwo i Prawo, no. 3 (2015): 35.
EN
The civil law system entered the codification path during the 19th century, enabling the creation of uniformity, such as drafting a civil code and building a new (national) identity. The structure of the code suggests that it provides a comprehensive, internally coherent set of rules for private law. The adopted civil codes secure lawyers a systematic and coherent foundation for the legal system and legal reasoning. Codification allowed laws to be in an easily identified document easily. Traditionally, the civil law system has been subject to several codification and consolidation processes during different periods in time, influenced from political, social or economic reforms. In Albania after the proclamation of the Monarchy, work began on the preparation of various codes, with the crucial one being the Civil Code. The first Albanian Civil Code entered in force on the 1st of April 1929. This process was the first step for the Albanian Legislator to compare the secularity of the European legal framework to that of the Ottoman Empire. In 1991, the end of the communist era in Albania was marked by bringing the transformation of the economy into a market-oriented system and the creation of a legal system that protected the right of private property. The Albanian system as a continental system has developed a system based on systematic approach to laws, a procedure known as dogmatic approach. It has created an internal system of laws based on generally codified norms and principles. The purpose of this paper is to explain the impact of political, social or economic reforms in the codification process and the nature of legal sources in Albania.
EN
The article is a commentary on the resolution of the Council of the Supreme Audit Office of December 2017 related to, among others, the issue of the interpretation of the notion of “control” in the European Union’s legal acts. The notion in the Polish legal system reflects two linguistic traditions: French and British. In the case of the meaning that refers to the legal order of the Anglo-Saxon countries, so as to differentiate it from auditing understood in a traditional manner, the other element is added, related to management. More and more frequently, though, especially as a result of the impact of the EU regulations, other notions appear that refer to the category of control, such as monitoring, evaluation, auditing, notification or certification. That is why the interpretation of the control function is nowadays more difficult and more complex
EN
The aim of this article is to present a general forecast of the development of processes of legal integration in the European Union in the coming years. The European Union is in ‘multi-crisis’, which may force the member states to adopt an organizational development scenario based on differentiation. The selectivity of this differentiation is understood both in terms of the heterogeneity of integration in some areas and the reduction in the number of states fully participating in integration. An analysis of the current trends and solutions proposed and taken by EU decision-makers shows that the EU legal system is not subject to federalization, but in fact the tendency to deepen integration does not conflict with intergovernmentalism. The multiplicity of problems resulting from the multi-crisis will most likely require the deepening of the current differentiation mechanisms and the emergence of new ones.
11
Content available Military Law in the Republic of Poland
60%
EN
The article presents an analysis of military law in the legal system of the Republic of Poland. On the one hand, it is a very specialized area of law, and on the other, it is a very extensive field regulated in several hundred national legal acts of varying importance (universally and internally binding), as well as by international law. The author attempts to organize the subject matter of military law and to specify its elements divided into subject-specific blocks. At the same time, in order to ensure a better understanding of the nature of military law, the article discusses the role of the Armed Forces of the Republic of Poland in times of peace, crisis, and war.The author used critical analysis of literature on legal science and security sciences, and source materials: mainly acts of universally binding law (the Constitution, acts, and regulations), as well as acts of internally binding law (instructions, ordinances, resolutions, decisions, guidelines, and agreements of various state authorities).
12
Content available remote Norma prawna: wyrażenie czy wypowiedź?
60%
EN
Opting for the linguistic concept which dominates Polish legal theory does not eliminate all doubts about comprehension of legal norms. The aim of the article is to determine whether such norms should be perceived as expressions or statements. It would seem that, except for improving conceptual apparatus, this problem is of no considerable significance. Nevertheless, finding a solution to it would allow us to address many other important issues. The recognition of the legal norm as a statement would make it possible to: coherently arrange the links existing between a lawmaking action and its substrata at different levels, specify in detail relations between a legal provision and a legal norm, define what functions are played by validating rules and rules of exegesis in legal system construction, resolve a dispute on whether systemic nature is an immanent or transcendent characteristic of law, and also address the issue of equivalence of legal norm.
EN
Organized crime and terrorist networks belong to the most important threats in Europe, including Slovakia. The number of assets confiscated from organized crime is still increasing, which indicates its rise, especially in the areas of carousel tax fraud, unlawful financial operations, VAT collection, and the distribution of drugs. These activities are often accompanied with corruption. Europe, including Slovakia, is now facing the growing migration wave that increases the risk of foreign fighters entering its territory, who could be recruited for terrorists attacks. The efficiency of the fight against organized crime and terrorism depends on the coordination of activities, the cooperation of the involved authorities, as well as their independence, and a permanent effort to minimize unprofessional and illegal interventions into the work of police, courts and prosecution. This is an area in which permanent improvement is necessary.
14
Content available Status of Robots in Moral and Legal Systems
60%
EN
David J. Gunkel in his latest book Robot Rights presents the opportunities and challenges of integrating robots into moral and legal systems. The research question asked by the author is “Can and should robots have rights”? Following the Humean distinction between “is” and “ought”, Gunkel creates four statements that either opt for or against incorporating robots into legal discourse. The four modalities group contrasting opinions developed by different scholars on the subject of the eponymous robot rights. The author provides readers with yet another alternative approach to the question of legal recognition of robots which is based on Levinasian philosophy.
15
Content available Planowanie legislacyjne w Europie Środkowej
60%
PL
Rządy w Europie Środkowej regularnie publikują plany legislacyjne. Praktyka ta może przyczynić się do sprawnego rządzenia. Analiza doświadczeń Czech, Polski, Słowacji i Węgier wskazuje jednak, że rządy tych państw mają trudności z wykorzystaniem planów legislacyjnych do strategicznego zarządzania procesem tworzenia prawa. Niniejszy artykuł dowodzi, że powodów takiego stanu rzeczy należy szukać w słabej organizacji planowania legislacyjnego.
EN
Cabinets in Central Europe regularly publish legislative works-plane, i.e. periodical lists of bills to be adopted by the cabinet and introduced to parliament. Such legislative planning has the potential to make an important contribution towards achieving better governance. The comparative experience of legislative planning in the Czech Republic, Hungary, Poland and Slovakia shows, however, that many governments find it difficult to transform legislative programmes into effective tools for strategic management of government legislation. This article argues that a major reason for such problems lies in the deficient organization of the planning process.
16
Content available remote Axioms, axiomatization and law
60%
EN
This paper examines the possibility and the desirability of axiomatization in law. In the first part, the paper examines the notion of axiom and the ways how it was or could be introduced into law. It is here where the authors openly invite the reader to lose the conventional approach and think about alternative ways to build basic legal concepts. In the second part, the paper continues by presenting several theories which endeavored (or appeared to endeavor) to show that law can (and should be) axiomatized and which even attempted to axiomatize it. After establishing whether these theories were successful at all, the authors add some of their own ideas on the topic of axiomatization.
17
Content available remote Co je právo a jak ho můžeme modelovat
60%
EN
The aim of this article is to present the characteristics of a possible model of a legal system, which could be used for modeling of law by automatic systems. For such purpose I define the concept of a legal system, defined as fundamental normative system, which claims to be legitimate and enforceable. I describe several examples that such definition is both realistic and practical. I show how the attributes of such a concept follow from a general requirement for justification of a norm as a behavior regulation. Based on the definition of legal system, I introduce the basics of the model of law. I recommend inclusive positivism with textual or instrumental actualism for the modeling of continental law. I describe how the defined model of law represents phenomena such as collision of legal systems, metanorms, legal pluralism and the case law of judges.
CS
Cílem této práce je načrtnout charakteristiku možného modelu právního systému, který by byl využitelný při modelování práva pomocí automatizovaných systémů. Za tímto účelem vymezuji pojem právního systému, za který považuji fundamentální normativní systém, který o sobě tvrdí, že je legitimní a vynutitelný. Na několika případech ukazuji, že takové vymezení je realistické a praktické. Ukazuji, jak tyto pojmové znaky vyplývají z obecného požadavku na zdůvodnění normy jako regulativu chování. Na základě vymezení právního systému představuji základy modelu práva. K modelování kontinentálního práva doporučuji volit inkluzivní pozitivismus s textuálním nebo instrumentálním aktualismem. Popisuji, jak vymezený model práva zachycuje jevy jako kolize právních systémů, metanormy, právní pluralismus a soudcovské dotváření práva.
EN
The article attempts to analyse the significance of the legal output in the area of protection of cultural property enacted in the period of development of the Second Polish Republic. The paper advances the thesis that the years 1918-1939 were characterised by the crucial legislative out-put regarding the protection of cultural property, which guaranteed the possibility of protecting the tangible cultural heritage of the Polish nation in the difficult period of restoring the foundations of its statehood. The defence of the above thesis relies on both the literature and source materials, including mainly the materials stored in the Central Archives of Modern Records (Archiwum Akt Nowych) in Warsaw and archival materials published in Wojskowe Teki Archiwalne. Taking account of the specific nature of the selected topic, the key material comprised legal acts concerning the protection of historic monuments in the period of the Second Polish Republic and the adopted research method was the analysis of such materials. On the basis of the presented information it can be stated that the Second Polish Republic was a period of particular significance for the development of the Polish legal system in the area of protection of cultural assets. In the years 1918-1939, the legal protection of cultural property represented the way of enhancing the cultural security, consisting in the systematic development of legal norms. The development of the cultural property protection law was based on a number of legal acts passed both in the 1920s and in the 1930s. In the Second Polish Republic the cultural property protection law made it possible to combine the social function of safeguarding historic monuments with the public function in the protection of historic monuments, which had a favourable impact on the protection of the national heritage.
EN
Since its creation in 1959, the European Court of Human Rights has had a direct impact on the national systems of its members. One of the main features of the European Court of Human Rights is that during its evolution and decision-making processes it has brought together legal systems in the light of human rights established in the European Convention on Human Rights. The present work discusses the role that the European Court of Human Rights has played in this matter by examining its development during its six decades of work, analyzing the methodology, techniques and theories that it uses to interpret the European Convention on Human Rights, and describing the implementation and enforcement of the European Court's decisions if and when they implied a change of member state home legislation.
EN
This article propagates a theoretical basis for performing comparative studies in policing. Researchers, carryingout comparative studies should be familiar with the fundamental constructs that underpins policing philosophy, strategyand operations. The fundamental constructs, namely political philosophy, culture and religion, and law underpins policingphilosophy and style while the contextual constructs, crime, economy and demography, are influenced by these fundamentalsand also, as a result of their reciprocal influence amongst themselves, inform policing strategy and operations. Policing agenciesfluctuate on a dichotomy of open and closed systems and the goal achievement system responds to all these influences and betweencentralised and decentralised policing. This article focuses on some of the theoretical and practical issues in performing comparativestudies within and amongst police agencies. Comparisons need to be clearly demarcated, starting firstly with the topic. Theoryand praxis should speak to one another and form the foundation of comparative studies in policing. Without a thoroughunderstanding of the constructs, comparative studies may lack depth and quality. Researchers, undertaking comparative studiesshould be familiar with the fundamental constructs that underpin policing philosophy, strategy and operations. Furthermorethe contextual constructs, influenced both by the fundamental ones and also as a result of their reciprocal influence amongstthemselves, also lead to policing strategy and operations. Understanding the reciprocity amongst the different constructs is essentialfor critical analyses as the basis for comparative studies.
first rewind previous Strona / 3 next fast forward last
JavaScript jest wyłączony w Twojej przeglądarce internetowej. Włącz go, a następnie odśwież stronę, aby móc w pełni z niej korzystać.