Ambulance and Pre-Hospital Services in Risk Situations
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An Independence of Judicial Power Under the System of Justice: Study Case in Indonesia, Malaysia and Brunei Darussalam
INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY An Independence of Judicial Power Under the System of Justice: Study Case In Indonesia, Malaysia and Brunei Darussalam Ismaidar1,Yasmirah Mandasari Saragih 1Faculty of Social Science, Universitas Pembangunan Panca Budi, Medan, Indonesia [email protected], [email protected] ABSTRACT This paper is based onthe concept of judicial independence. Judiciary is one of the organs of the state. The independence of the judiciary is the cornerstone of a democratic system. Without independent judiciary, people cannot get justice. Only the independent, impartial and accountable judiciary can protect the rights of the minorities and the indigenous communities. Independent judiciary can maintain the delicate balance between the three major organs of the state.Some of internationally recognized principles have been incorporated in our present constitution. But judicial autonomy, freedom of expression and association, professional immunity are not incorporated. Our judiciary lacks functional autonomy to determining the jurisdiction of the court, selecting its support staff. Another issue concerning the financial independence of judiciary which are must for an independent judiciary. Judicial training and judicial education is necessary for independence of judiciary. Role of national judicial academic is satisfactory in this regard. Competent, independent, and impartial courts will also depend also on the judges who have integrity, ability with appropriate training and higher qualifications -
Laws of Brunei Chapter 7 Criminal Procedure Code
LAWS OF BRUNEI CHAPTER 7 CRIMINAL PROCEDURE CODE Enactment No. 16 of 1951 Chapter 7 of 1951 Amended by Enactment No. 7 of 1953 Enactment No. 8 of 1953 Enactment No. 1 of 1955 Enactment No. 2 of 1957 Enactment No. 1 of 1958 S 5/1959 S 3 of 1966 S 99/1959 S 140/1981 S 100/1959 E 11 of 1982 E 2 of 1960 E 16/1982 1984 Edition, Chapter 7 Amended by S 39/1984 S 27/1988 S 44/1999 S 7/1985 S 48/1989 S 16/1995 GN 68/1985 S 51/1989 S 30/1999 S 37/1987 S 23/1991 S 4/1988 S 13/1993 2001 Edition, Chapter 7 Amended by S 63/2002 S 6/2006 S 25/2014 GN 273/2002 S 9/2006 S 51/2014 S 62/2004 S 4/2007 S 6/2016 S 32/2005 S 26/2012 REVISED EDITION 2016 B.L.R.O. 1/2016 LAWS OF BRUNEI Criminal Procedure Code CAP. 7 1 LAWS OF BRUNEI REVISED EDITION 2016 CHAPTER 7 CRIMINAL PROCEDURE CODE ARRANGEMENT OF SECTIONS Section PART I PRELIMINARY Chapter I 1. Citation and application 2. Interpretation 3. Trial of offences under Penal Code and against other written laws 4. Saving of powers of Supreme Court PART II CONSTITUTION AND POWERS OF CRIMINAL COURTS Chapter II Criminal Courts generally 5. Classes of criminal Courts 6. Court to be open 6A. Section 6 read subject to other Acts B.L.R.O. 1/2016 LAWS OF BRUNEI 2 CAP. -
APRES Moi LE DELUGE"? JUDICIAL Review in HONG KONG SINCE BRITAIN RELINQUISHED SOVEREIGNTY
"APRES MoI LE DELUGE"? JUDICIAL REvIEw IN HONG KONG SINCE BRITAIN RELINQUISHED SOVEREIGNTY Tahirih V. Lee* INTRODUCTION One of the burning questions stemming from China's promise that the Hong Kong Special Administrative Region (HKSAR) would enjoy a "high degree of autonomy" is whether the HKSAR's courts would have the authority to review issues of constitutional magnitude and, if so, whether their decisions on these issues would stand free of interference by the People's Republic of China (PRC). The Sino-British Joint Declaration of 1984 promulgated in PRC law and international law a guaranty that implied a positive answer to this question: "the judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the vesting in the courts of the Hong Kong Special Administrative Region of the power of final adjudication."' The PRC further promised in the Joint Declaration that the "Uludicial power" that was to "be vested in the courts" of the SAR was to be exercised "independently and free from any interference."2 The only limit upon the discretion of judicial decisions mentioned in the Joint Declaration was "the laws of the Hong Kong Special Administrative Region and [to a lesser extent] precedents in other common law jurisdictions."3 Despite these promises, however, most of the academic and popular discussion about Hong Kong's judiciary in the United States, and much of it in Hong Kong, during the several years leading up to the reversion to Chinese sovereignty, revolved around a fear about its decline after the reversion.4 The * Associate Professor of Law, Florida State University College of Law. -
How Taiwan's Constitutional Court Reined in Police Power
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Fordham University School of Law Fordham International Law Journal Volume 37, Issue 4 2014 Article 10 How Taiwan’s Constitutional Court Reined in Police Power: Lessons for the People’s Republic of China Margaret K. Lewis∗ Jerome A. Coheny ∗Seton Hall University School of Law yNew York University School of Law Copyright c 2014 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj ARTICLE HOW TAIWAN’S CONSTITUTIONAL COURT REINED IN POLICE POWER: LESSONS FOR THE PEOPLE’S REPUBLIC OF CHINA* Margaret K. Lewis & Jerome A. Cohen INTRODUCTION ........................................................................ 864 I. THE LEGAL REGIME FOR PUNISHING LIUMANG ........... 866 II. STRUCTURE OF CONSTITUTIONAL REVIEW ................. 871 III. INITIAL JUDICIAL INVOLVEMENT IN CURBING POLICE POWER ................................................................ 878 IV. INTERPRETATION NO. 636 ................................................ 882 A. Definition of Liumang and the Principle of Legal Clarity ........................................................................... 883 B. Power of the Police to Force Suspected Liumang to Appear .......................................................................... 891 C. Right to Be Heard by the Review Committee .............. 894 D. Serious Liumang: Procedures at the District Court Level ............................................................................. -
Price Setting and Price Regulation in Health Care Lessons for Advancing Universal Health Coverage
Price setting and price regulation in health care Lessons for advancing Universal Health Coverage Case studies Price setting and price regulation in health care: lessons for advancing Universal Health Coverage Sarah L Barber, Luca Lorenzoni, Paul Ong ISBN 978-92-4-151592-4 (WHO) WHO/WKC-OECD/K18014 © World Health Organization and the Organisation for Economic Co-operation and Development, 2019 Some rights reserved. This work is available under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 IGO licence (CC BY-NC-SA 3.0 IGO; https://creativecommons.org/licenses/by-nc-sa/3.0/igo). Under the terms of this licence, you may copy, redistribute and adapt the work for non-commercial purposes, provided the work is appropriately cited, as indicated below. In any use of this work, there should be no suggestion that the World Health Organization (WHO) and the Organisation for Economic Co-operation and Development (OECD) endorse any specific organization, products or services. The use of the WHO or OECD logo is not permitted. If you create a translation of this work, you should add the following disclaimer along with the suggested citation: “This translation was not created by the World Health Organization (WHO) and the Organisation for Economic Co-operation and Development (OECD). WHO and OECD are not responsible for the content or accuracy of this translation. The original English edition shall be the binding and authentic edition”. Any mediation relating to disputes arising under the licence shall be conducted in accordance with the mediation rules of the World Intellectual Property Organization (http://www.wipo.int/amc/en/mediation/rules). -
The ICRC in Mexico, January 2014
ACTIVITIES IN FAVOUR OF MISSING PERSONS AND THEIR INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) FAMILIES The ICRC continues to promote the creation of mechanisms that respond to the ACTION & RESULTS: January 2014 – August 2014 dierent needs of the families of persons missing due to migration, past conicts or current violence in the region. The ICRC’s operational priorities in North and Central America focus on the protection of and assistance to communities and individuals most vulnerable to and aected by armed violence; in particular migrants, missing persons and their families. ACTIVITIES IN FAVOUR OF Family Links (RFL) programme’s services and Results MIGRANTS network and assists those with serious injuries or amputations. The RFL eorts include the Basic medical care Responding to their protection and services provided by the American Red Cross, assistance needs From January to August of 2014, over which has set up phone services in shelters on 18,700 migrants received aid at Mexican An internal study on the humanitarian the United States of America’s (U.S.) side of the Red Cross Society/ICRC assistance points; consequences of armed violence in Mexico border with Mexico, oering free international 17,042 of whom received basic medical undertaken in 2011 by the ICRC indicated that phone calls to migrants seeking to contact care. This aid includes assistance provided migrants are amongst the most vulnerable their relatives. at the new project in Tijuana, Baja populations and in greatest need for In mid-2014, the ICRC initiated a one-year accompaniment project in Mexico, Basic health care is provided in mobile or California, inaugurated in March 2014. -
U.S. Supreme Court Decisions and Desegregation in the South
U.S. SUPREME COURT DECISIONS AND DESEGREGATION IN THE SOUTH by MARTHA ANN PEAVY Under the Direction of John Dayton ABSTRACT This study examined the relevant legal history and the current legal status of desegregation in the Southern United States. Beginning with the Dred Scot case and continuing to the present, this study examined Southern Blacks’ quest for equal access to a quality education through legal challenges before the United States Supreme Court. U.S. Supreme Court decisions on challenges to the denial of equal access to education and an adequate legal remedy were also analyzed. The study produced a chronology of U.S. Supreme Court cases effectuating desegregation in the South and relevant scholarly commentaries concerning these decisions of the high Court. This study found that: 1) three cases in the nineteenth century had a significant impact on segregation, but only one pertained directly to education; 2) segregation in public schools based on color was struck down in an unanimous decision by the U.S. Supreme Court in Brown v. Board of Education (1954); 3) cases immediately following the first Brown case up until 1967 involved rulings by the high Court forbidding tactics that were designed for the specific purpose of delaying desegregation; 4) beginning in 1968 and ending in 1973 legal guidelines were given on implementing desegregation by the U.S. Supreme Court; 5) the high Court began to back away from expanding desegregation from 1974 until 1979; and 6) three recent cases indicate that the U.S. Supreme Court has withdrawn from active involvement in desegregating schools. -
Teachers Have Rights, Too. What Educators Should Know ERIC
DOCUMENT RESUME ED 199 144 SO 013 200 AUTHOR Stelzer, Leigh: Banthin, Joanna TITLE Teachers Have Rights, Too. What Educators ShouldKnow About School Law. INSTITUTICN ERIC Clearinghouse for Social Studies/SocialScience Education, Boulder, Colo.: ERIC Clearinghouseon Educational Management, Eugene, Oreg.: SocialScience Education Consortium, Inc., Boulder, Colo- SPCNS AGENCY Department of Education, Washington, D.C.: National Inst. of Education (DHEW), Washington, D.C. DEPORT NO ISBN-0-86552-075-5: ISBN-0-89994-24:.-0 FOB CATE BO CONTRACT 400-78 -0006: 400-78-0007 NOTE 176p. AVAILABLE FPOM Social Science Education Consortium,855 Broadway, Boulder, CO 80802 (S7.95). EDFS PRICE ME01/PCOB Plus Postage. CESCRIPTCPS Academic Freedom: Discipline: *Educational Legislation: Elementary Secondary Education:Ereedom of Speech: Life Style: Malpractice;Reduction in Force: *School Law: Teacher Dismissal:Tenure IDENTIFIERS *Teacher Fights ABSTRACT This book addresses the law-relatedconcerns of school teachers. Much of the datacn which the book is based was collected during a four year stlzdy, conducted bythe American Bar Association with the support of the Ford Foundation.Court cases are cited. Chapter one examines "Tenure." Sincetenure gives teachers the right to their jobs, tenured teachers cannotbe dismissed without due process cf law or without cause. They are entitled to noticeof charges and a fair hearing, with the opportunityto present a defense. The burden is on school authoritiesto show that there are good and lawful reasons for dismissal. "ReductionIn Force (RIF)" is the topic cf chapter two. Many school districtsare facing declining enrollments and rising costs for diminishedservices. EIF begins with a decision that a school district has too many teachers.Laws vary from state to state. -
Mental Health Matters: Mapping of Mental Health and Psychosocial Support Activities Within the International Red Cross and Red Crescent Movement
Mental Health Matters: Mapping of Mental Health and Psychosocial Support Activities within the International Red Cross and Red Crescent Movement December 2019 1 Executive summary The International Red Cross and Red Crescent Movement Project on Addressing 74% (120 NS, the IFRC and the ICRC) have one or more focal points for MH Mental Health and Psychosocial Consequences of Armed Conflicts, Natural Disas- and/or PSS in their organization. Collectively, within the 162 NS respondents, ters and other Emergencies (MOMENT) has conducted a survey to establish a da- IFRC and ICRC, nearly 27.000 staff and volunteers are reported to be trained in taset and baseline for mental health and psychosocial support (MHPSS) activities basic community-based psychosocial support, and more than 42.000 staff and carried out by the Movement. A total of 162 National Societies (NS), the Interna- volunteers are trained in PFA within the 162 NS and IFRC. Further, 77% (125 NS, tional Federation of the Red Cross and Red Crescent Societies (IFRC) and the In- the IFRC and the ICRC) have some sort of system in place to monitor the MH ternational Committee of the Red Cross (ICRC) participated. This report contains and/or PSS activities of their organization. the results of the survey. 34% of respondents (55 NS) have no budget dedicated for MHPSS activities, and 96% of respondents (156 NS, the IFRC and ICRC) provide mental health (MH) 83% (135 NS and the IFRC report that lack of or limited funds is an obstacle for and/or psychosocial support (PSS) activities. In the past year psychological first delivering MH and/or PSS activities. -
CHAPTER 162 INTERMED Late CODRTS
LAWS OF BRUNEI Intermediate Courts CAP. 162 1 LAWS OF BRUNEI CHAPTER 162 INTERMED lATE CODR TS ARRANGEMENT OF SECTIONS Section PART I PRELIMINARY 1. Citation 2. Interpretation and conflicting laws PART II CONSTITUTION 3. Intermediate Courts 4. Court houses 5. Seal 6. Process of Courts 7. Sitting in camera 8. Contempt 9. Right of audience BLR.O.1/ 1999 LAWS OF BRUNEI 2 CAP. 162 Intermediate Courts PART III APPOINTMENTS AND FUNCTIONS 10. Judges 11. Registrar and Deputy Registrars 12. Subordinate Officers PART IV CRIMINAL JURISDICTION 13. Criminal jurisdiction PART V CIVIL JURISDICTION 14. General civiljurisdiction 15. Actions concerning immovable property 16. Jurisdiction to grant probates etc. 17. Administration actions 18. Interpleader proceedings 19. Other jurisdiction 20. Transfer of counterclaim etc. to High Court 21. Fees and costs 22. Satisfaction of judgments for payment of money 23. No division of causes of action 24. Transfer to High Court 25. Ancillary jurisdiction and powers of Judge LAWS OF BRUNEI Intermediate Courts CAP. 162 3 PART VI APPEALS ETC. FROM INTERMED lATE CODR T 26. Civil appeals 27. Criminal appeals, reviews and references PART VII GENERAL 28. Protection of judicial and other officers 29. Absence of Judge before conclusion of proceedings 30. Practice and procedure 31. Enabling powers B.L.R.O.1I1999 LAWS OF BRUNEI 4 CAP. 162 Intermediate Courts INTERMED lATE CODR TS ACT S.20/91 An Act to establish Intermediate Courts and to provide for the S.39/98 constitution, jurisdiction and powers thereof and the administration of justice therein S.21/91 Commencement: 1st July 1991 PART I PRELIMINARY Citation 1. -
Federation-Wide Databank and Reporting System – FDRS Main Data of the Americas Region
Federation-wide Databank and Reporting System – FDRS Main data of the Americas Region Ecuadorian Red Cross Federation-wide Databank and What is the Federation-wide Databank Reporting System and Reporting System? In 2015, the Red Cross Societies gathered in the XX Inter-American Conference The Federation-wide Databank and Reporting System (FDRS) of the with the aim of increasing, measuring and demonstrating the impact of our International Federation of the Red Cross and Red Crescent Societies (IFRC) individual and collective work . The Federation-wide Databank and Reporting is born out of the commitment of the Red Cross and Red Crescent Movement System (FDRS) is one of several tools that help us measure and demonstrate with accountability to all stakeholders involved in humanitarian action: those our impact at regional and global levels. It serves as an accountability who receive our services, the ones who provide us with resources to alleviate human suering, those who work within the IFRC, National Societies (NS), the integrity and credibility of the National Societies in line with the Houston governments, private entities and external partners. According to the Strategy Commitment. In addition, the data collected through FDRS forms part of the 2020 of the IFRC, an essential part of accountability is the measurement of integral and integrated information management system of the Americas the 7 Key Proxy Indicators (KPI) to be reported by the National Societies and collected by FDRS. gaps to be addressed. The Key Proxy Indicators are the following: The picture presented by the data collected throughout 2017 in this report is • People volunteering their time encouraging. -
Hong Kong: in the Name of National Security Human Rights Violations Related to the Implementation of the Hong Kong National Security Law
HONG KONG: IN THE NAME OF NATIONAL SECURITY HUMAN RIGHTS VIOLATIONS RELATED TO THE IMPLEMENTATION OF THE HONG KONG NATIONAL SECURITY LAW Amnesty International is a global movement of more than 10 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2021 Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2021 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: ASA 17/4197/2021 June 2021 Original language: English amnesty.org CONTENTS INTRODUCTION 2 1. BACKGROUND 3 2. ACTS AUTHORITIES CLAIM TO BE ‘ENDANGERING NATIONAL SECURITY’ 5 EXERCISING THE RIGHT OF PEACEFUL ASSEMBLY 5 EXERCISING THE RIGHT TO FREEDOM OF EXPRESSION 7 EXERCISING THE RIGHT TO FREEDOM OF ASSOCIATION 9 ENGAGING IN INTERNATIONAL POLITICAL ADVOCACY 10 3. HUMAN RIGHTS VIOLATIONS ENABLED BY THE NSL 12 STRINGENT THRESHOLD FOR BAIL AND PROLONGED PERIOD OF PRETRIAL DETENTION 13 FREEDOM OF MOVEMENT 15 RETROACTIVITY 16 SPECIALLY APPOINTED JUDGES 16 RIGHT TO LEGAL COUNSEL 17 ADEQUATE TIME AND FACILITIES TO PREPARE A DEFENCE 17 4.