Chapter 6. Workers’ Rights Constitutional Protections Where (and When) We Would Least Expect Them

2013 ◽  
pp. 106-145
Keyword(s):  
Constitutional Protections

Menakar Urgensi dan Masa Depan Legislasi Fiqih Produk Halal di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 177-190
Author(s):  
Siti Rohmah ◽  
Ilham Tohari ◽  
Moh. Anas Kholish
Keyword(s):  
Islamic Law ◽  
World Market ◽  
Legal Certainty ◽  
Muslim Countries ◽  
The World ◽  
Constitutional Protections

This article aims to identify and analyze the urgency and future of fiqh legislation for halal products in Indonesia. In addition, this article also aims to identify and analyze whether Law no. 33 of 2014 concerning the Guarantee of Halal Products is the result of authoritarianism in the name of Islamic law in Indonesia or is a constitutional guarantee for the majority of Muslims. The conclusion of this study shows that the effort to enact the jurisprudence of halal products through the Halal Product Guarantee Law is a constitutional necessity for Indonesian citizens who are predominantly Muslim. The regulation of halal certification in the Halal Product Guarantee Law is a form of legal certainty and constitutional protections for the majority of Muslims as consumers in Indonesia. In addition, the existence of the Halal Product Guarantee Law is also considered to provide benefits economically, socially, and healthily, which applies universally regardless of religion. Even the accusation that the Halal Product Guarantee Law is a product of authoritarianism that harms non-Muslims cannot be justified. Because the producers of food and medicine that are widely circulating in supermarkets and mini-markets in Indonesia are actually non-Muslim owners. Even with this halal certification, their products can enter the world market, especially in Muslim countries.

Video as Text/Archive

2019 ◽  
pp. 778-797
Author(s):  
Bennett Capers
Keyword(s):  
Supreme Court ◽  
Court Case ◽  
The Supreme Court ◽  
Surveillance Cameras ◽  
American Law ◽  
Supreme Court Case ◽  
History Of ◽  
Constitutional Protections

This chapter focuses on a few issues related to video evidence and law, especially with respect to American law. The first issue is the history of the use of video evidence in court. The second issue involves constitutional protections regarding the state’s use of surveillance cameras. The chapter then turns to the Supreme Court case Scott v. Harris to raise concerns about the use of video evidence as not just proof but “truth.” These are of course just a sampling of the issues that the topic of video evidence could raise. The hope is that this chapter will spur further inquiry on the part of the reader.

School Vouchers and Student Rights: Trading Constitutional Protections for Contractual Obligations

2019 ◽  
Author(s):  
Julie F. Mead
Keyword(s):  
Public School ◽  
Private School ◽  
Freedom Of Speech ◽  
Tax Credit ◽  
Publicly Funded ◽  
Public Funds ◽  
Savings Accounts ◽  
Contractual Obligations ◽  
Constitutional Protections ◽  
Scholarship Programs

When the Court in Tinker v. Des Moines famously declared that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” everyone understood that the gate was the entrance to a public school, funded by state tax dollars and operated by state officials. No one on the Court had yet contemplated what might happen to those students’ rights if the gate accessed a private school and public funds were used to buy that entry. Publicly funded subsidies for private education have evolved considerably since the Court heard Tinker and now parents in many states may use public funds to choose the school for their child via voucher programs, tax credit scholarship programs, and education savings accounts. But what impact does such a choice have on the rights students typically enjoy in schools? This chapter explores that question and explains that even though voucher and voucher-like programs like tax credit scholarship programs and education savings accounts are publicly funded, the rights afforded to children when they enroll in a private school through such a program do not mirror those enjoyed in public school settings. In fact, when parents exercise a voucher, they effectively trade constitutional protections for contractual obligations. That trade has significant impacts on the claims that may be brought should concern arise over issues related to students’ rights to freedom of speech, freedom of religion, or due process.

scholarly journals Death Zones, Comfort Zones: Queering the Refugee Question

2015 ◽  
Vol 22 (1) ◽  
pp. 101-127 ◽  
Author(s):  
Eddie Bruce-Jones
Keyword(s):  
Sexual Politics ◽  
Moral Economy ◽  
Gender And Sexuality ◽  
Political Rights ◽  
Legal Practice ◽  
Dynamic Relationship ◽  
Refugee Law ◽  
Transformative Potential ◽  
Civil And Political Rights ◽  
Constitutional Protections

Sexuality-based refugee claims constitute an expanding area of legal practice and scholarship. This expansion in the field of refugee law mirrors international efforts to address homophobia in various sites around the globe, and in legal terms, this has predominantly taken the form of rights-based protections, such as decriminalising same-sex sexual acts as a matter of civil and political rights. The strategies of addressing sex-, gender- and sexuality-based oppression in the context of free movement on one hand and constitutional protections on the other share a common set of tensions and dilemmas, and both risk re-inscribing fundamental aspects of the very violence that they each seek to address. This article asks what it might mean to “queer” refugee law, particularly in the context of its dynamic relationship with the discourse of decriminalisation. The article takes forward the centrality of sexual politics within the moral economy of migration regulation and attempts to approach it with the methodological impulse and transformative potential that “queer” suggests.

Suing Media for Libel: A Litigation Study

1981 ◽  
Vol 6 (3) ◽  
pp. 797-831 ◽  
Author(s):  
Marc A. Franklin
Keyword(s):  
State Law ◽  
Federal Law ◽  
Federal Constitutional ◽  
Constitutional Protections ◽  
Recent Attention

This article summarizes the results of a study of 291 reported cases brought against media for libel during a four-year period. The results confirmed the finding in an earlier study that only 5 percent of plaintiffs emerged from the appellate process with judgments compared with more than 60 percent of defendants. Most of the defense successes occurred without trial. In cases that did reach trial, plaintiffs were successful far more often before juries than before judges but lost more than half these judgments on appeal. Cases were analyzed in terms of the identity of the parties, the content of the charges, and the role of state and federal law in shaping the outcome. Despite the recent attention to federal constitutional protections, it is clear that media defendants still do, and must, rely heavily on state law defenses. Finally, the Hutchinson and Wolston rulings of 1979 produced little change in appellate decisions.

Safeguarding Democracy: Powersharing and Democratic Survival

2017 ◽  
Vol 111 (4) ◽  
pp. 686-704 ◽  
Author(s):  
BENJAMIN A.T. GRAHAM ◽  
MICHAEL K. MILLER ◽  
KAARE W. STRØM
Keyword(s):  
Minority Group ◽  
Armed Forces ◽  
Civil Conflict ◽  
Civilian Control ◽  
Electoral Accountability ◽  
Emerging Democracies ◽  
Post Conflict ◽  
Ethnic Quotas ◽  
Democratic Survival ◽  
Constitutional Protections

Democracy is often fragile, especially in states recovering from civil conflict. To protect emerging democracies, many scholars and practitioners recommend political powersharing institutions, which aim to safeguard minority group interests. Yet there is little empirical research on whether powersharing promotes democratic survival, and some concern that it limits electoral accountability. To fill this gap, we differentiate between inclusive, dispersive, and constraining powersharing institutions and analyze their effects on democratic survival from 1975 to 2015 using a global dataset. We find sharp distinctions across types of powersharing and political context. Inclusive powersharing, such as ethnic quotas, promotes democratic survival only in post-conflict settings. In contrast, dispersive institutions such as federalism tend to destabilize post-conflict democracies. Only constraining powersharing consistently facilitates democratic survival regardless of recent conflict. Institution-builders and international organizations should therefore prioritize institutions that constrain leaders, including independent judiciaries, civilian control of the armed forces, and constitutional protections of individual and group rights.

scholarly journals Constitutional Protection For Crime Victims And Witnesses In Indonesia And Its Problems

2020 ◽  
Vol 36 (1) ◽  
pp. 53-62
Author(s):  
John Kenedi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Protection ◽  
Crime Victims ◽  
Conceptual Approach ◽  
Constitutional Protection ◽  
Unfair Treatment ◽  
Criminal Offenses ◽  
Constitutional Protections

The constitutional protections toward crime witnesses in Indonesia are indisputably inevitable. As an effort to uphold justice, Indonesia relies on the formal mechanism of criminal law known as the criminal justice system. The system starts from reports by the police, prosecution by the prosecutor, to the stage of a trial in a court, and execution in a prison. Throughout its development, the criminal justice system seemed to focus more on protecting criminal offenses (criminal oriented) rather than paying attention to the rights of witnesses and victims (witness and victim-oriented). Therefore, the studies that concern the rights of witnesses and victims are highly needed in order to figure out ways to balance the treatment between the suspects/defendants and the witnesses and victims. Through the use of the statue approach and conceptual approach, the positions and the rights of legal protection for witnesses and victims are thoroughly captured and described in this current research. Besides, the factors causing uneven attention and unfair treatment toward crime victims are also specifically identified.

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