Legal History eJournal最新文献_第8页

The Accountability Principle in Data Protection Regulation: Origin, Development and Future Directions 资料保护条例中的问责原则:起源、发展与未来方向

Legal History eJournal Pub Date : 2011-09-26 DOI: 10.1057/9781137032225_4

Joseph Aldaheff, B. Alsenoy, J. Dumortier

引用次数: 34

The Habeas Corpus Suspension Clause and the Right of Natural Liberty 人身保护令中止条款与自然自由权

Legal History eJournal Pub Date : 2011-05-25 DOI: 10.2139/SSRN.1852745

John C. Harrison

{"title":"The Habeas Corpus Suspension Clause and the Right of Natural Liberty","authors":"John C. Harrison","doi":"10.2139/SSRN.1852745","DOIUrl":"https://doi.org/10.2139/SSRN.1852745","url":null,"abstract":"Important recent scholarship shows that the Habeas Corpus Suspension Clause is aimed mainly at substantive legislation that authorizes confinement by the executive that otherwise would be unlawful. Thus a grant of detention authority that leaves the judicial habeas corpus remedy intact can constitute a suspension subject to the clause. This article emphasizes that at the time of the framing the central example of a suspension of the writ was a grant of extremely broad discretion to the executive to confine people the executive believed to be dangerous. It maintains that broad executive discretion to confine is a necessary condition for a grant of detention authority to qualify as a suspension. Therefore legislative authorization of executive detention for reasons of national security is not a suspension as long as the executive’s discretion is substantially bounded; for example, the confinement of enemy aliens during war does not require suspension of the writ. That is true whether the persons to be detained are citizens or aliens. Congressional grants of legally determinate national security detention authority are thus not limited to cases of rebellion and invasion by the Suspension Clause, because they are not suspensions, and may be applied to citizens and aliens alike.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"164 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122924412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

What Did the Lawyers Do During the ‘War’? Neutrality, Conflict and the Culture of Quietism 律师在“战争”期间做了什么?中立、冲突与静心主义文化

Legal History eJournal Pub Date : 2011-05-01 DOI: 10.1111/j.1468-2230.2011.00851.x

K. McEvoy

引用次数: 39

Tribal Constitutions and Native Sovereignty 部落宪法和土著主权

Legal History eJournal Pub Date : 2011-04-04 DOI: 10.2139/SSRN.1802890

Robert J. Miller

{"title":"Tribal Constitutions and Native Sovereignty","authors":"Robert J. Miller","doi":"10.2139/SSRN.1802890","DOIUrl":"https://doi.org/10.2139/SSRN.1802890","url":null,"abstract":"More than 565 Indigenous tribal governments exercise extensive sovereign and political powers within the United States today. Only about 230 of the native communities that created these governments, however, have chosen to adopt written constitutions to define and control the political powers of their governments. Many observers would no doubt ask how a government can function without a written constitution to guide its formation and operation, and how the rights of citizens can be defined and protected without a written constitution. This essay addresses these questions and many more concerning American Indian and Alaska Native tribal constitutions. It is clear that constitutionalism is nothing new to Indigenous peoples in North America. This fact is demonstrated by the Iroquois Confederacy of the Haudenosaunee people who have governed themselves under an unwritten constitution for many hundreds of years, by the Cherokee Nation who apparently created the first written tribal constitution in 1827, by the many dozens of tribal governments who adopted written constitutions from 1837-1930, and by the hundreds of Indigenous governments who adopted constitutions under the federal Indian Reorganization Act of 1934. This essay examines these facts and more, and addresses whether modern day tribal constitutions adequately serve the needs of native communities and help these communities and their political entities to exercise and protect their sovereignty.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131474229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Language Policy in Ukraine: International Standards and Obligation, and Ukrainian Law and Legislation 乌克兰的语言政策:国际标准和义务，以及乌克兰法律和立法

Legal History eJournal Pub Date : 2011-03-31 DOI: 10.2139/SSRN.1800254

B. Bowring

引用次数: 6

The Evolution of General Administrative Law and the Emergence of Postmodern Administrative Law 一般行政法的演变与后现代行政法的产生

Legal History eJournal Pub Date : 2011-03-21 DOI: 10.2139/ssrn.1792062

Karl-Heinz Ladeur

引用次数: 4

Riba and Hadith of Six Commodities 《六品圣训》

Legal History eJournal Pub Date : 2011-03-18 DOI: 10.2139/ssrn.1790222

Qazi Irfan

{"title":"Riba and Hadith of Six Commodities","authors":"Qazi Irfan","doi":"10.2139/ssrn.1790222","DOIUrl":"https://doi.org/10.2139/ssrn.1790222","url":null,"abstract":"The Islamic legal maxim \"it is undeniable that rules of law vary with change in time\" is moderately scientific in construct admitting the evolution process of human knowledge, concepts and practices. Although this broad-spectrum aphorism already existing among provisions of Islamic Jurisprudence, however more often than not, the Islamic legalists offer unjust attitudinal resistance for such a change even be considered let alone be happened by ignoring the reality of humans’ fallibility. The mortal beings of any period who might be extraordinarily intelligent and perceptive and who can anticipate or influence the progression of knowledge for several hundred years next to them, despite that they still face their own limitations, naturally imposed on them by the era they live in. The earlier Islamic scholars were aware of this possibility owing to their towering caliber and accordingly produced this broad rule for the real world. It is an essential part of muslims' belief that divine and prophetic sayings hold relevance for all times which implies - it is only human interpretation and analysis of holy sources that may transform in the course of evolution. This discourse attempts to comprehend the wisdom of subject hadith in context of evolved knowledge and transformed concepts primarily by the economic intellect of today and investigate the law derived from it. A much sought coherence in monetary matters within Islamic laws is the quest and driving force of the endeavor.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115607417","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Judicial System of Bangladesh: An Overview from Historical Viewpoint 孟加拉国的司法制度:一个历史的视角

Legal History eJournal Pub Date : 2011-02-08 DOI: 10.1108/17542431111111863

P. Panday, M. Mollah

引用次数: 21

Did Plant Patents Create the American Rose? 植物专利创造了美国玫瑰吗?

Legal History eJournal Pub Date : 2011-01-04 DOI: 10.2139/ssrn.1735015

Petra Moser, P. Rhode

引用次数: 30

Is Historicism a Viable Strategy for Islamic Law Reform? The Case of 'Never Shall a Folk Prosper Who Have Appointed a Woman to Rule Them' 历史主义是伊斯兰教法改革的可行策略吗?“任命女人统治的民族永远不会富裕”案例

Legal History eJournal Pub Date : 2010-11-21 DOI: 10.1163/156851910X537793

M. Fadel

{"title":"Is Historicism a Viable Strategy for Islamic Law Reform? The Case of 'Never Shall a Folk Prosper Who Have Appointed a Woman to Rule Them'","authors":"M. Fadel","doi":"10.1163/156851910X537793","DOIUrl":"https://doi.org/10.1163/156851910X537793","url":null,"abstract":"There are at least two kinds of historicism that are relevant to Islamic legal reform, one rooted in a progressive theory of history, the other rooted in history as a source for textual interpretation. The latter has the potential to garner greater support for progressive legal change insofar as it falls squarely within the well-known jurisprudential concept known as takhṣīs al-ʿāmm (specification of the general term). In this article, I explore this reform strategy by analyzing a well-known Prophetic ḥadīth that is traditionally understood as excluding women from holding political office. By exploring literary history, Islamic legal hermeneutics, and substantive Islamic law, I demonstrate that, in this particular case, substantial egalitarian reform can be justified without fundamental changes to traditional Islamic theological doctrines. While no one rhetorical strategy offers a “magic bullet” for creating a more gender-egalitarian version of Islamic law, in my view, progressive Muslim reformers should exhaust possibilities for reform implicit in traditional methods before introducing arguments outside of that tradition - arguments which, by their nature, raise controversial theological questions that may be more intractable than the legal rules that are the object of the desired reform.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114581180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 16