The article discusses the tension between social solidarity and religious freedom as demonstrated by the refusal of the ultra-Orthodox sects in Israel to comply with COVID-19 regulations. The article provides a detailed description of the refusal to comply with the regulations restricting mass prayer services in synagogues and studying Torah in the yeshivas, thus interfering with the ultra-Orthodox religious life. The article suggests possible explanations for that refusal, based on either religious beliefs or a socio-political claim to autonomy, and discusses whether the polity should be willing to tolerate such a refusal on the basis of the cultural defence. The article concludes that despite the drastic restrictions on religious life caused by the social distancing regulations, and the special importance of freedom of religion, reducing the pandemic’s spread called for awarding priority to solidarity over religious freedom, and the enforcement of social solidarity legal duties – the social distancing regulations – on all. |
Search result: 10 articles
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | Social solidarity, COVID-19, Religious freedom, Cultural defence, Ultra-Orthodox sects in Israel |
Authors | Miriam Gur-Arye and Sharon Shakargy |
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Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Martin Fertmann and Matthias C. Kettemann |
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Terms-of-service based actions against political and state actors as both key subjects and objects of political opinion formation have become a focal point of the ongoing debates over who should set and enforce the rules for speech on online platforms. |
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Journal | Politics of the Low Countries, Issue 2 2021 |
Keywords | COVID-19, crisis-management, democratic compensators, exceptionalism |
Authors | Tom Massart, Thijs Vos, Clara Egger e.a. |
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Since January 2020, European countries have implemented a wide range of restrictions to contain the COVID-19 pandemic. Yet governments have also implemented democratic compensators in order to offset the negative impacts of restrictions. This article aims to account for the variation of their use between Belgium, the Netherlands and France. We analyse three drivers: the strength of counterpowers, the ruling parties’ ideological leanings and political support. Building on an original data set, our results distinguish between embedded and ad hoc compensators. We find that ad hoc compensators are championed mainly by counterpowers, but also by ideology of the ruling coalitions in Belgium and the Netherlands and used strategically to maintain political support in France. Evidence on the link between embedded compensators and counterpowers is more ambiguous. |
Book Review |
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Journal | Netherlands Journal of Legal Philosophy, Issue Pre-publications 2021 |
Authors | Lukas van den Berge |
Author's information |
Article |
Parliamentary Control of Delegated LegislationLessons from a Comparative Study of the UK Parliament and the Korean National Assembly |
Journal | European Journal of Law Reform, Issue 1 2021 |
Keywords | statutory instruments, delegated legislation, parliamentary control, parliamentary scrutiny, Korea |
Authors | Mikang Chae |
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As the scale of administrative agencies expands and their functions become more specialized in the complex and variable administrative reality, delegated legislation has increased explosively. This article examines the need for the introduction of appropriate parliamentary controls to prevent harm caused by the flood of delegated legislation. Through comparison with the UK Parliament, this article identifies the relative position of the Korean National Assembly and presents measures to strengthen parliamentary scrutiny on delegated legislation. |
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Emergency Measures in Response to the Coronavirus Crisis and Parliamentary Oversight in the EU Member States |
Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | states of emergency, parliamentary oversight, health crisis, Covid-19, European Union Member States |
Authors | Maria Diaz Crego and Silvia Kotanidis |
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The Covid-19 pandemic has become a true stress test for the legal systems of the worst hit countries. Faced with a health crisis situation, many national governments have become the protagonists in the adoption of difficult measures severely restricting their citizens fundamental rights to the detriment of the powers usually entrusted to the national parliaments. This article examines the normative response of the 27 European Union Member States during the “first wave” of the Covid-19 pandemic, a period that runs from the declaration of a pandemic (March 2020) to mid-June 2020. The intention of the authors was to describe the legal and constitutional mechanisms activated in order to contain the pandemic, focusing on the role of national parliaments in the management of the crisis. This article explores also the degree to which national parliaments have been involved and could exercise parliamentary oversight over the normative measures used by the executive to contain the pandemic in the EU-27. |
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Governments as Covid-19 Lawmakers in France, Italy and SpainContinuity or Discontinuity |
Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | Covid-19, emergency legislation, executive lawmaking, parliaments, decree-laws and ordinances |
Authors | Elena Griglio |
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Executive dominance in Covid-19 lawmaking has been a major trend worldwide. Governments have leveraged emergency prerogatives to boost their legislative powers, often sidelining the role of parliaments. The impact of executive lawmaking on fundamental liberties has been unprecedented. However, government’s capacity to exercise full legislative powers is not absolutely new to many European countries. |
Article |
Is There a Law Commission in France?About the Commission Supérieure de Codification |
Journal | European Journal of Law Reform, Issue 1 2019 |
Keywords | High Commission on Codification, France, Law Commission, codification, law reform |
Authors | Bertrand-Léo Combrade |
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The ‘Commission Supérieure de Codification (‘High Commission on Codification’) is a body that was created with the aim of providing support for the process of codifying the texts of positive law. Analysis of both its place in France’s institutional architecture and its working methods highlights certain particularities in the body’s functioning and raises questions as to its degree of proximity to the Law Commissions. |
Article |
Legislative Techniques in RwandaPresent and Future |
Journal | European Journal of Law Reform, Issue 3 2013 |
Keywords | legislative drafting, law-making, drafting techniques, Rwanda, quality of legislation |
Authors | Helen Xanthaki |
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This report is the result of the collective work of 26 Rwandan civil servants from a number of ministries, who set out to offer the Ministry of Justice a report on legislative drafting in Rwanda. The work was undertaken under the umbrella of the Diploma in Legislative Drafting offered by the Institute for Legal Professional Development (ILPD) in Nyanza under the rectorship of Prof. Nick Johnson. The authors have used their experience of practising drafting in Rwanda, but have contributed to the report in their personal capacity: their views are personal and do not reflect those of the Government of Rwanda. |
Article |
Benefit Sharing: The Municipal ModelLegal Aspects of Sharing Benefits from the Conduct of Space Activities |
Journal | International Institute of Space Law, Issue 3 1996 |
Authors | D. J. O'Donnell |