legal integration
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2021 ◽  
Vol 1 (2) ◽  
pp. 252-265
Author(s):  
M Irfan Riyadi ◽  
Khairil Umami

: The transfer of government from Majapahit to Demak at the end of the 15th century, as well as a transition from the Hindu era to the Islamic era, also gave birth to social, political, cultural, and legal transformations. The pattern of the penetration of Islam into peaceful Javanese culture, or penetration pacifique, has shown integration in all fields. Integration creates a stable and equilibrium condition. The question that then arises is how Demak produces laws that are able to create such stable conditions. It is important to do this on the fiber Suryangalam legal text of the Demak era. The purpose of this study is to identify the Serat Suryo Alam manuscript, explore Islamic law legislation in the text, and explain how the Islamic kingdom of Demak carried out social engineering to realize a just and peaceful society. Then to answer the problem, philological and historical methods are used, while the analysis uses content analysis with Talcott Parson's integration theory. This study concludes that: 1) the Suryo Alam manuscript is a legal text that can be found in the digitization of British Library manuscripts, 2) this manuscript contains legal, material, and judicial sources at the same time, and 3) social engineering can be measured by the stages of adaptation of Hindu and Islamic law, with the Trirasa Goal of efforts, legal integration, and efforts to maintain the law in people's social lives or latency. This stage gave birth to an equilibrium society of tata titi tentrem gemahripah loh jinawi kartaraharja.


2021 ◽  
pp. 217-228
Author(s):  
Efendi Lod Simanjuntak ◽  
Yuris T. Naili ◽  
F. X. Adji Samekto

2021 ◽  
Vol 22 (4) ◽  
pp. 491-505
Author(s):  
Hugo Canihac

AbstractThis Article uncovers the normative political theory underlying the legal doctrine of constitutional pluralism, as it is used in the EU today. Constitutional pluralism, once described as a semi-official legal doctrine in the EU, is now being used by some member states to challenge its authority and rules. By reconstructing the political thought of one of its founders, N. MacCormick, this Article takes issue with two most common interpretations of constitutional pluralism: On the one hand, it has been claimed that the normative political content of constitutional pluralism is virtually identical, or at least compatible, with that of Kantian rights-based cosmopolitanism; on the other, it has been contended, especially with regard to its uses in Hungary and Poland, that it was an inherently dangerous, illiberal, normative theory. This Article offers to move away from current legal debates to go back to the origins of constitutional pluralism. It argues that constitutional pluralism is not a purely liberal theory indeed. But neither is it inherently illiberal. Rather, both liberal and illiberal readings are possible, but partial, interpretations of MacCormickian constitutional pluralism. A more systematic interpretation shows that constitutional pluralism opens a path to move beyond this somewhat archetypical divide.


2021 ◽  

Interstate integration in the modern world is actively developing, and as a result - similar processes are observed in the sphere of law. In this regard, it is clear that there is a need to reflect and identify general trends in the transformation of Russian legislation under the influence of integration processes. Given that integration processes primarily affect the economic spheres of activity, which are governed more by business legislation, it can be assumed that the greatest impact of integration processes is observed in this branch of law. This article is devoted to one of the pressing problems of business law - determining the role of integration processes (in the example of the EAEU) in improving business legislation. The article contains a brief analysis of the process of creation and development of the Eurasian Economic Union, as well as the results of monitoring the regulatory framework for the impact of the EAEU integration processes on the legislation of the Russian Federation on business activities. The article can be useful to students, graduate students and doctoral students working on business law and legal integration.


2020 ◽  
Vol 69 (3) ◽  
pp. 277-307
Author(s):  
Arne Hansen ◽  
Dirk Meyer

Abstract The rising debt-to-GDP ratios of the eurozone member states result not least from the coronavirus crisis. Without external support, especially with regard to Italy, but also for other Mediterranean states, access to the capital market could be seriously threatened in the medium run. The recovery fund ‘Next Generation EU’ likely directs the fundamental structures of the European Union (EU) towards a fiscal union with considerable transfer elements, while the Pandemic Emergency Purchase Programme (PEPP), which is declared as a monetary policy instrument, is even discussed as a violation of the prohibition of monetary financing. As an alternative, this contribution analyses a debt relief by the European System of Central Banks (ESCB), implemented via an EU debt agency. This construction would avoid a negative equity position of the central banks and also enable a legal integration into the EU system. The question remains: What would be the consequences of such a non-recurring step?


Author(s):  
LARISA CHERKESOVA ◽  

The processes taking place in the modern world allow us to say that interstate integration is actively developing, and as a result, similar processes are observed in the sphere of law. In this regard, it is clear that there is a need to reflect and identify general trends in the transformation of Russian legislation under the influence of integration processes. This article attempts to identify the relationship between legal and economic integration, to determine the role and place of the EAEU integration processes in the ongoing changes in Russian business legislation, and to formulate proposals to improve the effectiveness of legal integration. First of all, it is necessary to understand the nature of the process, and the historical, legal and economic aspects of integration within the EAEU are monitored and analyzed. In addition, the results of a detailed analysis of both the regulatory component, in terms of the regulation of economic spheres, and the positions of a number of researchers of integration processes, which allowed to draw an unequivocal conclusion about the high degree of influence of the EAEU integration processes on the business legislation of the Russian Federation. Trends in the impact of the EAEU Court on legal integration and, as a result, on the transformation of Russian law have also been revealed. The opinion formulated proposals to improve the effectiveness of legal changes in the sphere of business law of Russia in connection with the integration processes of the EAEU, as well as the opinion on the need to consider the issue of giving the EAEU Court the power to resolve disputes of economic entities of the EAEU member states (international arbitration court). Attention is also drawn to the need for closer cooperation between national executive, legislative, judicial and law enforcement authorities.


Author(s):  
Arie Reich ◽  
Hans-W. Micklitz

The concluding chapter sums up the overall findings of the project through three different strands of analysis: the first breaks down the eleven jurisdictions into three groups based on the relative quantity and impact of Court of Justice of the European Union (CJEU) citations found in these jurisdictions. By drawing conclusions from all the country reports through a comparative and macro-perspective, the goal is to distil the insights of the entire project and formulate policy recommendations in the light of EU external policy and legal integration objectives vis-à-vis its neighbourhood; the second examines the many factors that a priori could have an impact on whether judges are likely to cite the CJEU in their judgments, and then discusses what the research has found in relation to the actual role played by these factors; the third tries to place the current project into the context of overall research on the global reach of EU law, which can be ‘exported’ to non-members of the EU through various mechanisms, such as mutual and formal agreement or through more unilateral and spontaneous forms. They include modes of extraterritorial application of EU law, territorial extension, and the so-called ‘Brussels Effect’. The chapter concludes with some general observations and thoughts and formulates possible policy recommendations.


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