Constituional Law

This paper considers the basis of child marriages in Northern Nigeria. It is an Islamic practice rooted in the interpretation of the Quran. Significantly, the caveat that copulation should be delayed until such girls are mature is often ignored as these child brides are engaged in sex. This paper analyzes the report of a Senator in Nigeria married to a 13-year-old bride. More painfully, he divorced a 15-year-old child bride who already had a child for him. It argues that such young teenagers may not be able to give informed consent to the marriage. In addition, because of their tender years, they are unable to express their sexual autonomy. Against this background, it canvasses that the implications of this practice are multi dimensional, drawing from the Yemen example. It analyzes the provisions of Child Rights Act on child marriages against the background of other jurisdictions. This paper concludes that the practice can be jettisoned highlighting the Egyptian example.

Our nation asks the men and women in our military to serve, suffer, and sacrifice. But we do not ask them to lay aside their citizenry and give up the very rights they have sworn to protect. 1 Every president since the signing of the Religious Freedom Restoration Act has praised the men and women of the military for their bravery and service in protecting the freedoms this country guarantees. 2 In this case, members of the military seek protection under those very freedoms. Thirtyfive Navy Special Warfare servicemembers allege that the military's mandatory vaccination policy violates their religious freedoms under the First Amendment and Religious Freedom Restoration Act. The Navy provides a religious accommodation process, but by all accounts, it is theater. The Navy has not granted a religious exemption to any vaccine in recent memory. It merely rubber stamps each denial. The Navy servicemembers in this case seek to vindicate the very freedoms 1 George Washington wrote in 1775 that "When we assumed the Soldier, we did not lay aside the Citizen." Those words are carved into the marble of the Memorial Amphitheater in the Arlington National Cemetery.

The following is a critique of the Supreme Court judgment in the case of DON NYAMANDE AND ANOR V ZUVA PETROLEUM (PRIVATE) LIMITED SC 43/15. The article critiques narrow approach that was taken by the Supreme Court. This is in light of the historical Neo-liberal approach that had been taken by the Republic in from the 1990’s.  The article will briefly look at the historical development of Labour Law in Zimbabwe and the philosophical underpinnings of that development, the brief facts of the case, the reasoning of the Supreme Court vis-à-vis critical provisions of the 2013 Constitution. It will also make a comparative analysis with case law from other jurisdictions. It additionally looks at the legislative framework governing labour relations. It further critiques the provisions of the Labour Amendment Act, 2015, which arguably sought to address the controversial issues which arose from the Supreme Court judgment. A brief assessment of the judgment on industry and labour as a commodity in general will be carried out. A recommendations area will analyze the precedent that has been set by this judgment such that, should the same issues arise in terms of any other legislation, a different approach and different arguments may be proffered. This should be done in the context of giving effect and a wider interpretation to the fundamental rights enshrined in the Constitution.

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This case review discusses the landmark judgment of the late Justice Prasanna Jayawardena P.C. in Karuwalagaswewa Vidanelage Swarna Manjula et al v. Pushpakumara, Officer-in-Charge, Police Station, Kekirawa et al. The case concerned a fundamental rights application by two petitioners belonging to the Jehovah’s Witnesses faith. The judgment is an elegant and incisive piece of scholarship, and should be celebrated as such. This review deals with several progressive aspects of the judgment, particularly on the freedom from arbitrary arrest. It also offers some critical observations on the judgment’s treatment of the freedom to manifest religion or belief.

Atish Chakraborty1 " Injustice anywhere is a threat to justice everywhere "-Martin Luther King Part IV of the Indian Constitution provides for Directive Principles of State Policy. Though these principles are guidelines and are not enforceable in a court of law however they are indispensable in the governance of the country. One such directive principle is given under Article 44 of the Constitution which creates an obligation on the state to enact a Uniform Civil Code. Various directions have been issued by the Apex Court for its implementation however, due to excessive politicization in our country it is still a distant dream. In the absence of a uniform law regarding personal matters like marriage, divorce, adoption etc., various personal laws are applicable to different religious communities who reside in our country. These laws find their source and authority in their religious texts and customs which provides for gender discriminatory practices in all forms and often is biased towards males than that of females. This paper aims at achieving a balance between Right to Freedom of Religion and Right to Equality by segregating the 'essential religious practices' and 'secular activities'. Thus one can say that the need of the hour is to enact a Uniform Civil Code but that needs to be done slowly and gradually after making the people especially the minorities, aware about its scope and extent as well as their rights

RESUMO
O texto busca fazer uma análise comparativa sintética acerca das Constituições de Portugal, de 1976, e do Brasil, de 1988, no que diz respeito à concretização efetiva da ideia de democracia presente em tais normas constitucionais. Ambas Constituições surgiram, em seus respectivos países, como resultado de um processo de abertura de um regime autoritário para um regime democrático. Neste contexto, resta saber se as propostas de 40 e de 30 anos atrás ainda encontram eco nas sociedades portuguesa e brasileira contemporâneas. Para atingir tal objetivo o texto divide-se em três partes principais. A primeira traz um arcabouço teórico sobre a ideia de democracia, apontando-se o conceito como elemento fundamental do Estado democrático de Direito da contemporaneidade. Em seguida apresentam-se os elementos constitucionais de Portugal e do Brasil que buscam concretizar juridicamente a ideia de democracia. Por fim, na última parte faz-se breve análise sobre a efetividade da norma jurídica no cotidiano do cidadão. A metodologia utilizada fundamenta-se no método dedutivo, ao passo que a técnica de pesquisa utilizada foi a documental, com base em normas jurídicas e em referências bibliográficas sobre o tema.
Palavras-chave: democracia; representação; Constituição; Portugal; Brasil.
ABSTRACT
The text seeks to make a synthetic comparative analysis of the Constitutions of Portugal, 1976, and Brazil, 1988, regarding the effective implementation of the idea of democracy present in such constitutional norms. Both Constitutions emerged in their respective countries as a result of a process of opening up an authoritarian regime for a democratic regime. In this context, it remains to be seen whether the proposals of 40 and of 30 years ago still resonate in contemporary Portuguese and Brazilian societies. To achieve this goal the text is divided into three main parts. The first brings a theoretical framework on the idea of democracy, pointing out the concept as a fundamental element of the democratic, contemporary rule of law. Next, we present the constitutional elements of Portugal and Brazil that seek to concretize juridically the idea of democracy. Finally, in the last part, a brief analysis is made about the effectiveness of the legal norm in the daily life of the citizen. The methodology used is based on the deductive method, while the research technique used was the documentary, based on legal norms and bibliographical references on the subject.
Keywords: democracy; representation; Constitution; Portugal; Brazil.

The Boko Haram insurgency started in 2002 as an Islamic Organisation in response to local grievances in Borno State. Today, it has metamorphosed into a resilient force identified internationally for its brutality and declared an armed conflict of non-international character. Their activities are visible across Adamawa, Borno and Yobe States (North-Eastern Nigeria). The 1949 Four Geneva Conventions and the 1977 two Additional Protocols (AP I and II) regulate international and non-international armed conflicts. Nigeria ratified both in 1961 and 1988 respectively but is yet to domesticate the latter. The country has several national laws and is equally a signatory to human rights instruments protecting children in situations of armed conflict. Of significance is the Convention on the Rights of the Child domesticated as the Child Rights Act (CRA) in 2003. The above-mentioned states which are hot zones for vicious attacks are yet to adopt the CRA. This paper assesses Nigeria’s commitments to international and regional frameworks protecting children during armed conflict. It analyses children’s rights in the CRA and the need to urgently activate the enforcement mechanism in the North East. The writer recommends both preventive and protective measures. For the former, the root causes of conflict such as poverty, inequality and collapsed social structure must be tackled. The latter are ensuring family unification of unaccompanied or separated children; providing psycho-social programs to displaced children as well as support the release and reintegration of children affected by the conflict.

This paper analyses the development of child justice during three main periods in Nigeria. From 1914-1943, juvenile delinquency emerged as a distinct social problem; specific laws were enacted relating to children and Reformatory and Industrial Schools were established across the country. From 1943-2003, the colonial masters enacted the Children and Young Persons Ordinance for the treatment of young offenders. After independence in 1960, this remained the law regulating juvenile justice. However, most juvenile offenders were not granted bail by the police and the juvenile court structure and procedure were not protective. Offenders were sent to institutions but extensive research carried out across the country shows that the facilities for rehabilitation were non-existent at such institutions. This paper argues that the period, 20032014, has recorded positive improvement. The Child Rights Act 2003 introduces key reforms such as codified legal rights for children, diversion, Centrali...

The main aim of this paper is to present the legislation process and background of the Japanese Constitution of 1946. At the end of World War II in the Pacific the Empire of Japan was submitted under the military occupation of the United States. The defeated country, responsible for the aggression of the vast territories of East Asia, was expected never to return to the aggressive policy in the international arena. The most important priorities of the American occupation headquarters, whose main representative was General Douglas MacArthur, was to the change the socio-economic system of Japan, taking into account the specific nature of the Japanese nation. The Meiji Constitution was considered the main core of Japanese political life, which according to the Americans was far from democratic standards. In order to adopt a new constitution MacArthur engaged Japanese politicians, who formed different groups working on its draft. Already at the end of 1945 the cabinet created the so-called Matsumoto Committee composed of eminent Japanese lawyers, which became the main center of the work on a new constitution. The differences in the Japanese and American visions of the future constitution of Japan led to many meetings and negotiations, in which the interpretation of the concept of sovereignty and the role of the emperor was discussed. Forming their own constitutional committee the Americans created their project of the constitution for Japan, which put the emphasis on democratization and liberalization of the state. After several meetings with the representatives of the American office the project was partially revised at the request of Japanese politicians, retaining its original character. Finally, in June 1946 the legislative process began in the Japanese Diet which ended with the adoption of a new constitution on the 6th of October. The Constitution was subsequently promulgated by the Emperor and significantly changed the socio-economic structure of a country which took the democratic path.

The relationship between legislative and executive has been an important subject of academic studies. However, we have not found any studies to provide numerical data for comparative analysis. This study is an attempt to increase the validity of Krouwel’s ‘Presidentialism-Parliamentarism Scale’ to explain the developments in presidential powers between 1876 and 2017 in Turkey. Within this context, we dealt with the basic characteristics of governmental systems and provided a review of the literature on presidential powers. Next, we adopted the criteria used in different studies onpresidential power indices to provide an accurate picture of the development of presidential powers in Turkey between 1876 and 2017. Our analysis revealed that the president of Turkish Republic in Turkey nearly held the powers of the Ottoman Rulers in 1876.

This paper analyses the development of child justice during three main periods in Nigeria. From 1914-1943, juvenile delinquency emerged as a distinct social problem; specific laws were enacted relating to children and Reformatory and Industrial Schools were established across the country. From 1943-2003, the colonial masters enacted the Children and Young Persons Ordinance for the treatment of young offenders. After independence in 1960, this remained the law regulating juvenile justice. However, most juvenile offenders were not granted bail by the police and the juvenile court structure and procedure were not protective. Offenders were sent to institutions but extensive research carried out across the country shows that the facilities for rehabilitation were non-existent at such institutions. This paper argues that the period, 2003-2014, has recorded positive improvement. The Child Rights Act 2003 introduces key reforms such as codified legal rights for children, diversion, Centralised Children Police Unit, Family Courts and two novel non-custodial disposition methods. The author recommends the implementation of the Committee on the Rights of the Child Observations to fully protect child offenders in Nigeria.

There are three courts with different theoretical underpinning administering child justice in Nigeria. The
Juvenile Court is premised on the rehabilitative ideal but researches have shown that the apparatus to fulfill this ideal is nonexistent.
The Sharia Court composition is radically different and the procedure used in such courts follow strict Islamic legal
precepts. Invariably, child offenders are not given adequate protection guaranteeing justice. Prior Work: This article assesses
child justice in these courts to determine the extent of protection of child offenders. They are young, immature and very
vulnerable. Over the years, various studies have demonstrated the need for change in the above courts. Value: Based on law, the
article examines the provisions creating the new Family Courts. These provisions accord with international juvenile justice
standards established to grant justice to such offenders. The Family Court, just as it is being used for several purposes in other
jurisdictions, is a recent development in Nigeria. Implications: This article assesses the structure and procedure of this new
court and proposes it as being best suited for child offenders.

This article analyzes the contemporary issue known as "judicialization of politics" and its sibling "politization of law". The text draws its conclusions from the Systems Theory by Niklas Luhmann.
Artigo Conceito Jurídico - Viana, Ulisses Schwarz.

SOMMARIO: 1. Separazione o integrazione? -2. La giurisprudenza sull'integrazione europea non è una chain novel. -3. … neppure quella della Corte di giustizia. -4. "Nulla dire se non ciò che può dirsi". -5. Il principio di entropia e le disposizioni sull'applicazione delle disposizioni. -6. Entropia e interpretazione. * (Inserire titolo prof.) ** Questo scritto trae spunto da una relazione dal titolo La questione degli effetti del diritto dell'Unione nell'ordinamento italiano: separazione, integrazione, contaminazione?, svolta nel convegno Il Diritto dell'Unione europea nel giudizio di costituzionalità, tenutosi a Trieste il 24 settembre 2010. 1 E. Cannizzaro, M.E. Bartoloni, Continuità, discontinuità e catastrofismo. Sulle reazioni della dottrina al Lissabon-Urteil, in Il Diritto dell'Unione Europea 2010, 1 ss.

The article studies the modern challenges to the doctrine of sovereignty of parliament in the light of AV Dicey’s criticism of Irish autonomy as envisaged by Irish Home Rule proposals of the 19th century. The main objective of the project is to present a case for the federalisation of the United Kingdom of Great Britain and Northern Ireland as the most appropriate response to the constitutional changes introduced by the doctrine of supremacy of the European Union law, implementation of the European Convention on Human Rights and calls for further devolution. The paper explains the impact that these developments have had upon parliamentary sovereignty as understood by Dicey. It intends to prove that deep constitutional reforms are inevitable and propose a written constitution that would introduce limits to the power of the British Parliament in accordance with John Locke’s theory on Government. This would happen at the expanse of the Hobbes-like concept of the traditionally unrestricted powers that Parliament enjoys today. The main data is extracted from books Dicey authored on the concept of parliamentary sovereignty, Irish Home Rule and the Union between Scotland and England as well as scholarship discussing the impact of European Union law, the Human Rights Act and current devolutionary arrangements on British constitutional law.

This paper examines the threat to the institutional integrity of the federal judicial power posed by the modern administrative state and its disdain for the formal separation of powers that pervades the framers’ Constitution. I proceed by first elaborating what I mean by the institutional integrity of the judicial power. This consists principally of an interpretation of the text of Article III and its relationship to those provisions of the Constitution empowering Congress to structure and regulate the judicial power. In part two I give a brief account of the Supreme Court’s principal decisions touching on the institutional integrity of the judicial power, beginning with the justices’ early decisions on circuit vindicating the constitutional scheme of separation of powers and tracing out the Court’s subsequent gradual embrace of the alienation of the judicial power from Article III courts in the nineteenth and twentieth centuries. I then turn in the last section to consider possible remedies for the pervasive neglect of the institutional integrity of the judicial power and the prospects for a constitutionally appropriate solution. Any observer considering those prospects at the turn of the twenty first century would have had little reason to hope for any feasible remedy; but the Court’s recent decisions on the status of agency adjudicators as inferior officers and the emergence of strong dissenting voices on the Court articulating a sounder approach to non-Article III courts provides some ground for hope.

Sommario: 1. Oggetto e tesi della ricerca-2. Le attuali dinamiche politico-istituzionali dell'ordinamento tedesco.-3 La streitbare Demokratie e l'ordine liberal-democratico.-4. L'istituto del Parteiverbot: disciplina normativa e dibattito dottrinario.-5. Richiami alla pregressa giurisprudenza del Tribunale costituzionale federale sul Parteiverbot.-6. La pronuncia NPD: l'evoluzione della definizione del libero ordine democratico.-7. Valore collettivo dei diritti individuali e «pericolo concreto»: i nuovi criteri elaborati dal BVerfG per procedere allo scioglimento.-8. La proporzionalità come limite al carattere preventivo del Parteivebot.-9. Le influenze della Corte EDU sulla nuova disciplina.-10. Uno sguardo al futuro: la modifica costituzionale dell'art. 21 GG e le nuove sfide della democrazia protetta in Europa.

Petition for Certiorari asking Supreme Court to consider consequences of lying attorneys in federal court.

"We [the Court of Appeals] do not condone the defendants’ attorneys’ unreasonable persistence throughout the litigation in claiming BNY [Bank of New York Mellon Trust Company] was not a defendant named in the complaint] to be a citizen of Florida when it was not.” B4-5.

But Supreme Court found the question of attorneys lying for banks who take people's homes was not worth considering. See above

And the United States' judicial genocide continues...

経済のグローバル化に伴い、異質な文化や社会との接触が増えるにつれ、アメリカの企業の間では「多様性」を価値ととらえる見方が広がってきている。マイノリティの存在が職場に多様な視点をもたらし、活力をもたらすとする見方である。しかし、もし企業がマイノリティに属する求職者や従業員を優先的に扱い、「顧客がマイノリティを求めているので」という理由で別扱いを正当化するとすれば、これは「顧客が白人を求めているので」という理由で黒人が排除された人種差別の時代の論理と何ら変わるところがない。差別をめぐる訴訟が早くから提起され、差別の解消に裁判所が熱心に取り組んできたアメリカにおいて、このような「逆差別」の問題は多くの議論を呼んできた。雇用の場面において、マイノリティのみ一次選考を自動的に通過させる制度や割当枠方式が違法とされる一方、マイノリティの姿を肯定的に印象づけるポスターの掲出は合法とされている判例の現状からは、すべての個人を個人として尊重するアメリカ法の立場が見て取れる。今後の展望と日本への示唆を示したい。

The critique of socialism is built on the denial of its relevance in modern day governance. However, there are visible experiences and refined arguments to counter the same. The subject touches on the notions of state legitimacy, emancipation, and clashes within democracies.

Özet Anayasa yapımı genellikle bir elit meselesi olarak algılanmıştır. Yirmin-ci yüzyılın sonunda, özellikle demokratikleşme sürecindeki ülkelerde, demokratik bir anayasanın, sadece içeriğiyle değil yapım sürecinin de demokratik olmasıyla mümkün olacağı düşüncesi ortaya çıkmıştır. Bu nedenle halkın anayasa yapımı sürecine katılımını arttıran çeşitli uygula-malara başvurulmuştur. Çalışmada, öncelikle bizi katılımcı anayasa ya-pımı kavramını kullanmaya iten katılımcı demokrasi ve müzakereci de-mokrasi kavramları incelenecek, daha sonra anayasa yapımı sürecine katılım uygulamaları açısından önemli bir örnek olarak İzlanda anayasa yapımı süreci ele alınacaktır. Abstract The constitution making is generally considered as an elite affair. In the late twentieth century, especially in countries amid the democratisation process, it has been thought that the making process of a constitution should also be democratic in order to form a democratic constitution. Therefore, practices involving the public participation in the constitution making process have 1 Bu çalışma 26-27 Nisan 2013 tarihlerinde Bakü Qafqaz Üniversitesi'nde düzenle-nen "Genç Araştırmacıların I. Uluslararası Konferansı-Kamu Hukuku" oturumun-da tebliğ olarak sunulmuş olup Yasama Dergisi için makale haline getirilmiştir.