Pub Date : 2024-01-15DOI: 10.37745/gjplr.2013/vol12n1122
Alaba Ibironke Kekere, Tukuru Edith Preye
In this study, a legal examination of judiciary role in the implementation of human right protection decisions emanating from the African Commission on Human and Peoples’ Rights- African Commission (AC) - in Nigeria, was examined. It employs series of intricate factors including the African Charter on Human and Peoples’ Rights (ACHPR), the AC and Independence of the Judiciary. The research, which has its roots in historical contexts, highlights the challenges and legal difficulties that the Commission faces in carrying out its decisions. It examines the legal framework dictating the implementation process, drawing parallels between important decisions of the AC and the developmental journey of the Nigerian judicial system. The study looks at the main implementation issues and offers complex viewpoints on the difficulties encountered in accomplishing the goals of the Charter. It acknowledges that the African Commission on Human Rights (ACHPR) has the responsibility to promote and defend human rights throughout the continent of Africa; but, it finds that the ability and desire of national governments and institutions, particularly the judiciary, to carry out its functions determines effectiveness of the decisions. Even though the judiciary holds a position in ensuring implementation, there is setback due to inability to freely act as an independent body. The article gives special attention to the constitutional non-justiciability of socio-economic rights, which amongst others, is a major complication in ensuring adherence. The study recommends strategies to strengthen the network for ensuring compliance with the Commission’s decisions.
{"title":"Legal Implications of Judicial Independence on Implementation of Provisions of the African Commission on Human and Peoples’ Rights in Nigeria","authors":"Alaba Ibironke Kekere, Tukuru Edith Preye","doi":"10.37745/gjplr.2013/vol12n1122","DOIUrl":"https://doi.org/10.37745/gjplr.2013/vol12n1122","url":null,"abstract":"In this study, a legal examination of judiciary role in the implementation of human right protection decisions emanating from the African Commission on Human and Peoples’ Rights- African Commission (AC) - in Nigeria, was examined. It employs series of intricate factors including the African Charter on Human and Peoples’ Rights (ACHPR), the AC and Independence of the Judiciary. The research, which has its roots in historical contexts, highlights the challenges and legal difficulties that the Commission faces in carrying out its decisions. It examines the legal framework dictating the implementation process, drawing parallels between important decisions of the AC and the developmental journey of the Nigerian judicial system. The study looks at the main implementation issues and offers complex viewpoints on the difficulties encountered in accomplishing the goals of the Charter. It acknowledges that the African Commission on Human Rights (ACHPR) has the responsibility to promote and defend human rights throughout the continent of Africa; but, it finds that the ability and desire of national governments and institutions, particularly the judiciary, to carry out its functions determines effectiveness of the decisions. Even though the judiciary holds a position in ensuring implementation, there is setback due to inability to freely act as an independent body. The article gives special attention to the constitutional non-justiciability of socio-economic rights, which amongst others, is a major complication in ensuring adherence. The study recommends strategies to strengthen the network for ensuring compliance with the Commission’s decisions.","PeriodicalId":474814,"journal":{"name":"Global Journal of Politics and Law Research","volume":"4 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140508613","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}
Pub Date : 2024-01-15DOI: 10.37745/gjplr.2013/vol12n14262
A. T. Adaileh, Omar A. Alaraishy, Mohammad A. Alfaouri
This study aims to examine the adequate application of rights and protections granted to migrant workers under Jordanian labor law and social security law in agricultural Sector. The author analyzed the applicable laws, regulations, and relevant literature related to migrant workers in Jordan, including various relevant legislations, court decisions, and legal precedents. Through critical analysis and comparison of various data from these secondary data sources, this work will identify the problems associated with this legislation and consequently provide different recommendations and conclusions. Contradictions between labor law and social security law, as well as the feasibility of implementation and enforcement, lead to a significant gap in the protection of migrant workers in the agricultural sector. The author calls for a more cautious approach and argues for the necessity of respecting the principles that necessitate workers' rights. This study focused on the rights of migrant workers in the agricultural sector, deriving its authenticity and value from being the first and most recent work exploring this issue in light of recent amendments to labor law, social security law, and related legislations.
{"title":"Legal Protection of Migrant Workers in the Agricultural Sector in Light of Jordanian Legislation and International Labor Standards","authors":"A. T. Adaileh, Omar A. Alaraishy, Mohammad A. Alfaouri","doi":"10.37745/gjplr.2013/vol12n14262","DOIUrl":"https://doi.org/10.37745/gjplr.2013/vol12n14262","url":null,"abstract":"This study aims to examine the adequate application of rights and protections granted to migrant workers under Jordanian labor law and social security law in agricultural Sector. The author analyzed the applicable laws, regulations, and relevant literature related to migrant workers in Jordan, including various relevant legislations, court decisions, and legal precedents. Through critical analysis and comparison of various data from these secondary data sources, this work will identify the problems associated with this legislation and consequently provide different recommendations and conclusions. Contradictions between labor law and social security law, as well as the feasibility of implementation and enforcement, lead to a significant gap in the protection of migrant workers in the agricultural sector. The author calls for a more cautious approach and argues for the necessity of respecting the principles that necessitate workers' rights. This study focused on the rights of migrant workers in the agricultural sector, deriving its authenticity and value from being the first and most recent work exploring this issue in light of recent amendments to labor law, social security law, and related legislations.","PeriodicalId":474814,"journal":{"name":"Global Journal of Politics and Law Research","volume":"46 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140507569","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}
Pub Date : 2024-01-15DOI: 10.37745/gjplr.2013/vol12n17888
Heba Jawdat Almuhaisen
This study emphasizes the urgent necessity for constant updates and improvements to the international legal instruments so that they can cope up with the sophisticated and dynamic nature of the cyber threats. A major emphasis is given to the importance of the international cooperation and the harmonizing of the law enforcement practices across the world by under- standing the fact that the cybercrime has the transnational character and would be ineffective if competed by a nation in isolation. This study mentioned the ethical issues and the privacy concern when cyber law enforcement is being mentioned. It emphasizes on the need for bal- ancing the security measures and the protection of rights of individuals and their privacy as a huge concern and the approach for the authorities on the gathering data of individual to the organization recommended to be balanced. It recommended on the legal framework which are transparent, clear and proportionate with the surveillances and the data gathering, the framework can also imply with the oversight to prevent any abusive and malicious use of the approval and data gathering. Looking forward, the future for the international law that com- bats the crime such as the cybercrime in the cyberspace is yet and will continuously evolve, as the threat evolving, the legal response and the mechanism of the cooperation will need to remain in place. The paper also restated that the adaptability and the ethical consideration and the cooperation by the international community are the spectrum of the way to ensure the legal strategies to protect the cyberspace and the rule of law and human rights in digital age.
{"title":"Confronting Cybercrimes Under the Provisions of Public International Law","authors":"Heba Jawdat Almuhaisen","doi":"10.37745/gjplr.2013/vol12n17888","DOIUrl":"https://doi.org/10.37745/gjplr.2013/vol12n17888","url":null,"abstract":"This study emphasizes the urgent necessity for constant updates and improvements to the international legal instruments so that they can cope up with the sophisticated and dynamic nature of the cyber threats. A major emphasis is given to the importance of the international cooperation and the harmonizing of the law enforcement practices across the world by under- standing the fact that the cybercrime has the transnational character and would be ineffective if competed by a nation in isolation. This study mentioned the ethical issues and the privacy concern when cyber law enforcement is being mentioned. It emphasizes on the need for bal- ancing the security measures and the protection of rights of individuals and their privacy as a huge concern and the approach for the authorities on the gathering data of individual to the organization recommended to be balanced. It recommended on the legal framework which are transparent, clear and proportionate with the surveillances and the data gathering, the framework can also imply with the oversight to prevent any abusive and malicious use of the approval and data gathering. Looking forward, the future for the international law that com- bats the crime such as the cybercrime in the cyberspace is yet and will continuously evolve, as the threat evolving, the legal response and the mechanism of the cooperation will need to remain in place. The paper also restated that the adaptability and the ethical consideration and the cooperation by the international community are the spectrum of the way to ensure the legal strategies to protect the cyberspace and the rule of law and human rights in digital age.","PeriodicalId":474814,"journal":{"name":"Global Journal of Politics and Law Research","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140508133","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}
Pub Date : 2024-01-15DOI: 10.37745/gjplr.2013/vol12n12341
Godknows Nein, Peter Oyinmiebi
The study examines ASUU-Federal Government trade disputes and the advancement of university education in Nigeria, a study of Universities in South South Nigeria; University of Port Harcourt, Delta state university and Niger Delta University, 2010-2022. Universities Nigeria has at various times experienced disruption in their academic calendar due to industrial disputes between FGN-ASUU, state government-ASUU or university management. But the goals of tertiary education are fundamental to the building of a productive society, through the ground work for excellence expertise, research and release technological breakthrough, but universities education have suffered setbacks from strikes, leading to loss of man hours in teaching and learning. Scholars have contended that trade disputes have tremendously affected the fabrics of the university system and the productivity of the Nigerian economy. Others have argued that trade unions have become veritable tools and important agents of quality education and socio-economic transformation. It is based on this that the study investigates ASUU/FGN disputes in Universities. The study is be guided by three main objectives. First to identify the causes of the protracted trade disputes between FGN-ASUU, secondly, to evaluate the positive effects of disputes on the advancement on infrastructural development and the third to examine the effect on quality education. To achieve the objectives, the study employs the Hegelian Dialectics theory as its explaining framework for analysis. Data from primary sources generated from questionnaires and was complemented with focus group discussion for this study. The responses from the field work through questionnaire are presented in simple frequency distribution, tables and the quantitative data are analyzed using SPSS statistical tool. The findings show and ascertain that industrial disputes between FGN-ASUU is a blessing in Nigeria Universities’ as result of establishment of Tetfund and the massive infrastructural advancement and others for qualitative education. The recommend among others government must budgetary allocation to 26% bench mark and abide by the agreements signed with ASUU
本研究探讨了尼日利亚南部大学、哈科特港大学、三角洲州立大学和尼日尔三角洲大学在 2010-2022 年期间发生的阿苏联与联邦政府之间的劳资纠纷以及尼日利亚大学教育的发展。尼日利亚的大学在不同时期都经历过因尼日利亚联邦政府-ASUU、州政府-ASUU 或大学管理层之间的劳资纠纷而导致教学日历中断的情况。然而，高等教育的目标是通过为卓越的专业知识、研究和技术突破奠定基础，从而为建设富有成效的社会奠定基础，但大学教育却因罢工而遭受挫折，导致教学工时的损失。学者们认为，贸易争端极大地影响了大学系统的结构和尼日利亚经济的生产力。其他学者则认为，工会已成为优质教育和社会经济转型的名副其实的工具和重要推动力。正是基于这一点，本研究对大学中的 ASUU/FGN 争议进行了调查。本研究有三个主要目标。首先，确定 FGN 与 ASUU 之间旷日持久的贸易争端的原因；其次，评估争端对促进基础设施发展的积极影响；第三，研究争端对优质教育的影响。为实现上述目标，本研究采用黑格尔辩证法理论作为分析的解释框架。本研究的数据主要来自问卷调查，并辅以焦点小组讨论。通过问卷调查获得的实地答复以简单的频率分布和表格形式呈现，并使用 SPSS 统计工具对定量数据进行分析。研究结果表明并确定，尼日利亚政府与尼日利亚大学之间的劳资纠纷是尼日利亚大学的一大幸事，因为建立了 Tetfund 和大规模的基础设施建设，以及其他促进素质教育的措施。除其他外，建议政府必须将预算拨款提高到 26% 的基准线，并遵守与 ASUU 签订的协议。
{"title":"Academic Staff Union of Universities (ASUU) – Federal Government of Nigeria (FGN) Trade disputes and the advancement of University Education in South-South, Nigeria","authors":"Godknows Nein, Peter Oyinmiebi","doi":"10.37745/gjplr.2013/vol12n12341","DOIUrl":"https://doi.org/10.37745/gjplr.2013/vol12n12341","url":null,"abstract":"The study examines ASUU-Federal Government trade disputes and the advancement of university education in Nigeria, a study of Universities in South South Nigeria; University of Port Harcourt, Delta state university and Niger Delta University, 2010-2022. Universities Nigeria has at various times experienced disruption in their academic calendar due to industrial disputes between FGN-ASUU, state government-ASUU or university management. But the goals of tertiary education are fundamental to the building of a productive society, through the ground work for excellence expertise, research and release technological breakthrough, but universities education have suffered setbacks from strikes, leading to loss of man hours in teaching and learning. Scholars have contended that trade disputes have tremendously affected the fabrics of the university system and the productivity of the Nigerian economy. Others have argued that trade unions have become veritable tools and important agents of quality education and socio-economic transformation. It is based on this that the study investigates ASUU/FGN disputes in Universities. The study is be guided by three main objectives. First to identify the causes of the protracted trade disputes between FGN-ASUU, secondly, to evaluate the positive effects of disputes on the advancement on infrastructural development and the third to examine the effect on quality education. To achieve the objectives, the study employs the Hegelian Dialectics theory as its explaining framework for analysis. Data from primary sources generated from questionnaires and was complemented with focus group discussion for this study. The responses from the field work through questionnaire are presented in simple frequency distribution, tables and the quantitative data are analyzed using SPSS statistical tool. The findings show and ascertain that industrial disputes between FGN-ASUU is a blessing in Nigeria Universities’ as result of establishment of Tetfund and the massive infrastructural advancement and others for qualitative education. The recommend among others government must budgetary allocation to 26% bench mark and abide by the agreements signed with ASUU","PeriodicalId":474814,"journal":{"name":"Global Journal of Politics and Law Research","volume":"7 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140508425","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}
Pub Date : 2024-01-15DOI: 10.37745/gjplr.2013/vol12n16377
Saja Ata Al-Majawla, Ali Qtaishat
The research dealt with the legal frameworks for applying Basel III principles in the banking sector in Jordan, where the focus was on clarifying the principles established by the Basel III Committee and the extent of Jordanian banks’ commitment to implementing them through the corporate governance instructions for Jordanian banks issued by the Central Bank of Jordan and amended in 2023. The importance of the research lies in determining the extent of compatibility of these instructions with the principles of Basel III, the result we reached was that corporate governance instructions were issued to be consistent with the principles of Basel III. Thus, the Central Bank of Jordan contributed effectively to applying international standards to the Jordanian banking sector, and the study recommended modernizing the banking system completely to reach To the highest level of application of Basel III principles, by supporting all principles related to corporate governance within banks by activating their constituent elements, and issuing a special law for corporate governance in addition to the instructions of the Central Bank.
{"title":"Legal frameworks for Implementing Basel Principles III in the Banking Sector in Jordan","authors":"Saja Ata Al-Majawla, Ali Qtaishat","doi":"10.37745/gjplr.2013/vol12n16377","DOIUrl":"https://doi.org/10.37745/gjplr.2013/vol12n16377","url":null,"abstract":"The research dealt with the legal frameworks for applying Basel III principles in the banking sector in Jordan, where the focus was on clarifying the principles established by the Basel III Committee and the extent of Jordanian banks’ commitment to implementing them through the corporate governance instructions for Jordanian banks issued by the Central Bank of Jordan and amended in 2023. The importance of the research lies in determining the extent of compatibility of these instructions with the principles of Basel III, the result we reached was that corporate governance instructions were issued to be consistent with the principles of Basel III. Thus, the Central Bank of Jordan contributed effectively to applying international standards to the Jordanian banking sector, and the study recommended modernizing the banking system completely to reach To the highest level of application of Basel III principles, by supporting all principles related to corporate governance within banks by activating their constituent elements, and issuing a special law for corporate governance in addition to the instructions of the Central Bank.","PeriodicalId":474814,"journal":{"name":"Global Journal of Politics and Law Research","volume":"92 1-2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140507812","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}
Pub Date : 2023-05-15DOI: 10.37745/gjplr.2013/vol11n517
Niki Georgiadou
The objective of this study is to analyze the concept of working time in the case of standby workers. First, it highlights the regulation of working time in the European directive 2003/88/EC. Then, it focuses on working time patterns in standby periods and the variables that shape the diversity of these periods in the light of the case law of the European Court. Finally, it emphasizes to the standby periods as a form of flexible employment that falls under the employers’ information obligation according to directive (EU) 2019/1152. This research reaches the conclusion that the two above-mentioned European directives move towards protected flexibility, each from a different perspective, though there is still progress to be made in protecting the various constantly emerging working patterns.
{"title":"Standby periods as working time in the view of European Directives 2003/88/EC and (EU) 2019/1152","authors":"Niki Georgiadou","doi":"10.37745/gjplr.2013/vol11n517","DOIUrl":"https://doi.org/10.37745/gjplr.2013/vol11n517","url":null,"abstract":"The objective of this study is to analyze the concept of working time in the case of standby workers. First, it highlights the regulation of working time in the European directive 2003/88/EC. Then, it focuses on working time patterns in standby periods and the variables that shape the diversity of these periods in the light of the case law of the European Court. Finally, it emphasizes to the standby periods as a form of flexible employment that falls under the employers’ information obligation according to directive (EU) 2019/1152. This research reaches the conclusion that the two above-mentioned European directives move towards protected flexibility, each from a different perspective, though there is still progress to be made in protecting the various constantly emerging working patterns.","PeriodicalId":474814,"journal":{"name":"Global Journal of Politics and Law Research","volume":"220 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135187705","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}
Pub Date : 2023-05-15DOI: 10.37745/gjplr.2013/vol11n5820
Alfred Oluropo Filani, Tolulope Omolola Fateropa
Child marriage is a societal quagmire that has been on the front burner at various public discourses in Nigeria for some time. Despite the fact that child marriage and betrothal are prohibited by National legislation, the socio-cultural practice and religious backing of the issue in some sections of Nigeria make it a necessary evil which continues to stare us in the face. This societal ill persists despite local and international attempts (Sustainable Development Goals and Millennium Development Goals) at curbing this menace aimed at the girl child. Early child marriage grossly and negatively affects the education process of the young girl and the economic wellbeing, advancement and development of any country where child marriages are being practised. This paper looks at the impact of early child marriages on the girl child and how this phenomenon grossly affects the girl child while making recommendations to assuage the situation.
{"title":"Impact of Child Marriage on the Girl-Child in Relation to Target 5 (3) of The 2030 Sustainable Development Goals","authors":"Alfred Oluropo Filani, Tolulope Omolola Fateropa","doi":"10.37745/gjplr.2013/vol11n5820","DOIUrl":"https://doi.org/10.37745/gjplr.2013/vol11n5820","url":null,"abstract":"Child marriage is a societal quagmire that has been on the front burner at various public discourses in Nigeria for some time. Despite the fact that child marriage and betrothal are prohibited by National legislation, the socio-cultural practice and religious backing of the issue in some sections of Nigeria make it a necessary evil which continues to stare us in the face. This societal ill persists despite local and international attempts (Sustainable Development Goals and Millennium Development Goals) at curbing this menace aimed at the girl child. Early child marriage grossly and negatively affects the education process of the young girl and the economic wellbeing, advancement and development of any country where child marriages are being practised. This paper looks at the impact of early child marriages on the girl child and how this phenomenon grossly affects the girl child while making recommendations to assuage the situation.","PeriodicalId":474814,"journal":{"name":"Global Journal of Politics and Law Research","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135187703","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}
Pub Date : 2023-05-15DOI: 10.37745/gjplr.2013/vol11n55070
Mirela Kapo
The widespread use of Cannabis or other related substances is now a major concern not only in Europe but worldwide. This study focuses on the description and legal analysis of illegal activities carried out in the field of narcotics, as well as finding ways to reduce the risks associated with their use. It is based on the criminal strategy that covers the legal criminal field, as shown in the changes that have occurred while improving the laws. Through a comprehensive desk research and qualitative analysis, this study summarizes the criminal legislation and the changes that the Albanian Criminal Law, compared to its European counterparts, have undergone since 2001, the proposed legislation on the legalization of medicinal cannabis in 2023, as well as the legal measures taken in drug trafficking, illicit substances, and psychotropic drugs.
{"title":"Legitimately Using of Psychotropics: An Overview of the Albanian Legal Treatment Toward the Legalization of Cannabis","authors":"Mirela Kapo","doi":"10.37745/gjplr.2013/vol11n55070","DOIUrl":"https://doi.org/10.37745/gjplr.2013/vol11n55070","url":null,"abstract":"The widespread use of Cannabis or other related substances is now a major concern not only in Europe but worldwide. This study focuses on the description and legal analysis of illegal activities carried out in the field of narcotics, as well as finding ways to reduce the risks associated with their use. It is based on the criminal strategy that covers the legal criminal field, as shown in the changes that have occurred while improving the laws. Through a comprehensive desk research and qualitative analysis, this study summarizes the criminal legislation and the changes that the Albanian Criminal Law, compared to its European counterparts, have undergone since 2001, the proposed legislation on the legalization of medicinal cannabis in 2023, as well as the legal measures taken in drug trafficking, illicit substances, and psychotropic drugs.","PeriodicalId":474814,"journal":{"name":"Global Journal of Politics and Law Research","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135187704","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}
Pub Date : 2023-05-15DOI: 10.37745/gjplr.2013/vol11n52149
Andrew Ejovwo Abuza, Kenneth Owhighose Odhe, Alfred Majemite, Ben Etanabene
The 1999 Nigerian Fundamental law came into effect on May 29 1999. It provides that an elected legislator in the National and State Assemblies shall vacate his legislative seat if he switches from the sponsoring political party to another political party during his tenure in the legislative house, save on the ground of division or factionalisation in the sponsoring party. The Constitution is, nevertheless, mute on the issue, regarding political executives, including a governor. The relevant statutory provisions, that is sub-section (1)(g) of sections 68 and 109 of the Constitution above have been abused, as some Nigerian courts have utilised them to sack elected legislators above for party switching of the same during their tenure in the legislative houses despite their constitutional rights, including the equal protection of the law and not to be discriminated against right, as enunciated in section 42(1) of the Constitution above. The article undertakes a contemporary legal overview of party switching of elected legislators of the assemblies above against the backdrop of relevant case-law and statutory provisions. The research methodology used by the authors is fundamentally doctrinal analysis of relevant primary as well as secondary sources. The article finds that the sacking of elected legislators above by some Nigerian courts on account of party switching as indicated above is unconstitutional. The article suggests that Nigeria should expunge from its Constitution the said relevant statutory provisions in tune with what obtains in other countries such as the United States of America (USA), United Kingdom (UK), Canada and Australia.
{"title":"A Contemporary Legal Overview of Party Switching of Elected Legislators of the National and State Assemblies Under the Nigerian Constitutional System","authors":"Andrew Ejovwo Abuza, Kenneth Owhighose Odhe, Alfred Majemite, Ben Etanabene","doi":"10.37745/gjplr.2013/vol11n52149","DOIUrl":"https://doi.org/10.37745/gjplr.2013/vol11n52149","url":null,"abstract":"The 1999 Nigerian Fundamental law came into effect on May 29 1999. It provides that an elected legislator in the National and State Assemblies shall vacate his legislative seat if he switches from the sponsoring political party to another political party during his tenure in the legislative house, save on the ground of division or factionalisation in the sponsoring party. The Constitution is, nevertheless, mute on the issue, regarding political executives, including a governor. The relevant statutory provisions, that is sub-section (1)(g) of sections 68 and 109 of the Constitution above have been abused, as some Nigerian courts have utilised them to sack elected legislators above for party switching of the same during their tenure in the legislative houses despite their constitutional rights, including the equal protection of the law and not to be discriminated against right, as enunciated in section 42(1) of the Constitution above. The article undertakes a contemporary legal overview of party switching of elected legislators of the assemblies above against the backdrop of relevant case-law and statutory provisions. The research methodology used by the authors is fundamentally doctrinal analysis of relevant primary as well as secondary sources. The article finds that the sacking of elected legislators above by some Nigerian courts on account of party switching as indicated above is unconstitutional. The article suggests that Nigeria should expunge from its Constitution the said relevant statutory provisions in tune with what obtains in other countries such as the United States of America (USA), United Kingdom (UK), Canada and Australia.","PeriodicalId":474814,"journal":{"name":"Global Journal of Politics and Law Research","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135187550","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}
Pub Date : 2023-04-15DOI: 10.37745/gjplr.2013/vol11n45777
Celestine Udoka Ugonabo, Charles Chukwunwike Egolum, Raphael Oshiobugie Sado
Efficient administration and management of land ownership, holding and uses cannot be adequately achieved without sound land policy and its effective implementation. Land policy is essentially aimed at ensuring land accessibility to citizens of the society as well as protection of their interests. The contemporary land policy in Nigeria is the Land Use Decree No. 6 of 1978, now Land Use Act (LUA), Cap L5, Laws of the Federal Republic of Nigeria 2004. This paper aims at undertaking a contemporary review of the issues and challenges of land policy in Nigeria in order to proffer ways to ameliorate them and ensure that land is accessible to citizens at reasonable ease. The issues and challenges of Nigerian land policy include: the abrogation of freehold interest which affect the free market economy; excessive bureaucracy in obtaining Governor’s consent and approval for land transactions and issuance of certificate of occupancy; underdeveloped or bare land not having commercial value according to the LUA which limits the use of land for mortgage and some other purpose transactions; insecurity of private land ownership, etc. National sustainable economic development and growth depend largely on the land policy in operation; hence it should be inclusive and responsive to the needs of all land users. It is therefore recommended that the LUA, should be excised from the 1999 Constitution to ease requisite amendments to address these contemporary issues and challenges of the land system and use.
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