Search result: 182 articles

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Year 2010 x
Article

Establishing Protection Mechanisms for Bureaucrats

The Case of the Independent Oversight Board of Civil Service of Kosovo

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords Kosovo Civil Service, Civil service, Oversight Board, law, reform
Authors Dren Doli, Fisnik Korenica and Artan Rogova
AbstractAuthor's information

    This article discusses the position and powers of Kosovo’s Civil Service Oversight Board, mainly from a legal perspective. The article describes the reforms undertaken upon the Board and the civil service in Kosovo, while illustrating the central pillars of concern in regard to both the international presence and domestic institutions in Kosovo. The article then explains the three reforms and reviews each of the main legal changes the Board and the civil system have experienced, respectively. The last section of the article comprises an institutional review of the powers and the position of the current framework on the Civil Service Oversight Board, while allowing a part of the article to question its independence and pluralism. The article culminates with policy suggestions that would make the work of the Board, and the entire civil service, more independent and accountable to its mission.


Dren Doli
Dren Doli is a Senior Research Fellow at the Group for Legal and Political Studies, and a Senior Lecturer on Law Principles at Universum University College, having served earlier as a Senior Legal Executive for Integration to the Kosovo Prime Minister.

Fisnik Korenica
Fisnik Korenica is a Lecturer on the Theory of State and Law at the University of Prishtina, and a Senior Research Fellow at the Group for Legal and Political Studies.

Artan Rogova
Artan Rogova is a Senior Research Fellow at the Group for Legal and Political Studies, as a Lecturer on Economics of European Integration at Universum University College.
Article

Act of Parliament: The Role of Parliament in the Legislative Process

A Commonwealth Perspective

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords parliament, legislation, pre-legislative scrutiny, supremacy of parliament, delegated legislation, Uganda, legislative process
Authors Denis Kibirige Kawooya
AbstractAuthor's information

    Whereas making law is one of the principal functions of Parliament, Parliament plays a very limited role in the legislative process. In Uganda, like in many commonwealth jurisdictions due to the role the Constitution has given to Parliament, the legislature should take a more active role in the legislative process. The paper examines the legislative authority of Parliament, the concept of Parliamentary supremacy, pre-legislative scrutiny and whether Parliament should be involved in the scrutiny of delegated legislation.


Denis Kibirige Kawooya
Denis Kibirige Kawooya is a Senior State Attorney in the Ministry of Justice and Constitutional Affairs, Uganda, a member of the Commonwealth Association of Legislative Counsel, Uganda Law Society, East African Law Society and an Advocate of the High Court of Uganda.
Article

Legislative Drafting Tools for Stabilization Provisions and Economic Balancing Provisions

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords legislative drafting, stabilization, economic balancing provisions
Authors Linnet Mafukidze
AbstractAuthor's information

    The article outlines the problems with stabilization provisions in national oil or gas legislation with regard to the difficulty of governments to implement legislation to develop its economic, social and environmental regimes. It also seeks to provide a potential guideline for legislative drafters in order to address the problems wrought by stabilization provisions, in national oil or gas legislation, through the use of economic balancing provisions. The article further gives tools for legislative drafters to use when drafting economic balancing provisions.


Linnet Mafukidze
Linnet Mafukidze is a Senior State Counsel at the Attorney General’s Chambers, Botswana.
Article

Access_open Slapende rechters, dwalende rechtspsychologen en het hypothetische karakter van feitelijke oordelen

Journal Netherlands Journal of Legal Philosophy, Issue 1 2010
Keywords psychology of law, criminal law, miscarriages of justice, hypothetical reasoning
Authors Klaas Rozemond
AbstractAuthor's information

    In their book De slapende rechter (The sleeping judge) Dutch legal psychologists W.A. Wagenaar, H. Israëls and P.J. van Koppen claim that Dutch judges wrongfully convict suspects in certain cases because these judges generally fail to understand the way hypothetical reasoning works in relation to empirical evidence. This article argues that Wagenaar, Israëls and Van Koppen are basically right in their claim that reasoning on evidence in criminal cases should have the form of hypothetical reasoning. However, they fail to apply this form of reasoning to their own analysis of Dutch criminal cases and the causes of wrongful convictions. Therefore, their conclusion that a form of revision of convictions outside of the criminal law system should be introduced does not meet their own methodological standards.


Klaas Rozemond
Klaas Rozemond is associate professor at the Department of Criminal Law, Faculty of Law, VU University Amsterdam.
Book Review

Access_open Hans Lindahl (red.), A Right to Inclusion and Exclusion.

Normative Fault Lines of the EU’s Area of Freedom, Security and Justice

Journal Netherlands Journal of Legal Philosophy, Issue 1 2010
Authors Machiel Karskens
AbstractAuthor's information

    Machiel Karskens, book review of Hans Lindahl (red.), A Right to Inclusion and Exclusion. Normative Fault Lines of the EU’s Area of Freedom, Security and Justice


Machiel Karskens
Machiel Karskens is professor of social and political philosophy at the Faculty of Philosophy, Radboud University Nijmegen.

Mireille Hildebrandt
Mireille Hildebrandt is associate professor of Jurisprudence at Erasmus University Rotterdam and Senior Researcher at the Centre for Law Science Technology and Society, Vrije Universiteit Brussel.
Book Review

Access_open Pierre Legendre, L’autre bible de l’occident

Le monument romano-canonique, Étude sur l’architecture dogmatique des sociétés, Leçons IX

Journal Netherlands Journal of Legal Philosophy, Issue 2 2010
Authors Thom Holterman
AbstractAuthor's information

    Thom Holterman’s book review of Pierre Legendre, L’autre bible de l’occident: le Monument romano-canonique, Étude sur l’architecture dogmatique des sociétés, Leçons IX


Thom Holterman
Thom Holterman is Doctor of Laws and lives in Urciers, France.
Article

Beyond the Looking Glass: The Application of Public Choice Theory to U.S. Commercial Communication Satellite Export Controls

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors M. Mineiro

M. Mineiro
Article

Legal Pluralism in Outer Space

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors E.T.A. van Asten

E.T.A. van Asten
Article

Nandasiri Jasentuliyana Keynote Address on Space Law: A Concise History of Space Law

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors S.E. Doyle

S.E. Doyle
Article

You Can Lead an Astronaut to Water...: Prospects for Legal Use and Water Rights on the Moon and Other Celestial Bodies

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors J. Easterson

J. Easterson
Article

Forum-Selection Clauses in Suborbital Space Tourism Contracts and EU Law

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors M. Chatzipanagiotis

M. Chatzipanagiotis
Article

Current Status and Recent Developments of Non-Discriminatory Principle in the 1986 UN Principles on Remote Sensing

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors M. Fukunaga

M. Fukunaga
Article

Space and Lisbon: a New Type of Competence to Shape the Regulatory Framework for Commercial Space Activities

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors M. Sánchez Aranzamendi

M. Sánchez Aranzamendi

S. Hobe
Article

The Commercial Exploitation of Outer Space and Celestial Bodies: A Functional Solution to the Natural Resource Challenge

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors P. de Man

P. de Man
Article

Re-Thinking Responsibility in the Law of Outer Space

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors G.J. Duberti

G.J. Duberti
Article

Potential Uniform International Legal Framework for Regulation of Private Space Activities

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors M. Yuzbashyan

M. Yuzbashyan
Article

The Life and Work of Professor Vladimír Mandl: A Pioneer of Space Law

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors V. Kopal

V. Kopal

Willem H. van Boom
Professor of Law at the Erasmus School of Law, Erasmus University Rotterdam.

Anthony Ogus
Professor of Fundamentals of Private Law at Erasmus University Rotterdam; Emeritus Professor of Law at the University of Manchester.
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