Reviewer acknowledgements for Journal of Politics and Law, Vol. 14, No. 1, 2021.
《政治与法律杂志》2021年第14卷第1期审稿人致谢。
{"title":"Reviewer Acknowledgements for Journal of Politics and Law, Vol. 14, No. 1","authors":"William Tai","doi":"10.5539/jpl.v14n1p128","DOIUrl":"https://doi.org/10.5539/jpl.v14n1p128","url":null,"abstract":"Reviewer acknowledgements for Journal of Politics and Law, Vol. 14, No. 1, 2021.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47090893","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}
The evolution of the concept of International society has considerably broadened throughout history along with the evolution of International rules. At first, it was defining the group of sovereign States existing at that time, while subsequently to the creation of the UN organization, International society would rather imply any individual designated by International legal corpus. At the end of the Cold War, the multiplication of nation-States, that would stay politically and economically fragile and unstable, compelled the UN to act over those States' sovereignty, though, to help them to outlive. Over the last decades, the phenomenon of globalization has contributed to support the idea of human rights and has considerably led to a global opinion that would be able to put pressure on States. Moreover, the UN would engage itself in emphasizing the concept of peace in all its decisions and actions. As such, International Penal institutions as the International Court of Justice had been established. But the fear of States for their sovereignty has still remained a problem in the equation.
{"title":"The Philosophy of International Public Law and the Changes on the Reality of the International Society","authors":"A. Hammash","doi":"10.5539/JPL.V14N3P1","DOIUrl":"https://doi.org/10.5539/JPL.V14N3P1","url":null,"abstract":"The evolution of the concept of International society has considerably broadened throughout history along with the evolution of International rules. At first, it was defining the group of sovereign States existing at that time, while subsequently to the creation of the UN organization, International society would rather imply any individual designated by International legal corpus. At the end of the Cold War, the multiplication of nation-States, that would stay politically and economically fragile and unstable, compelled the UN to act over those States' sovereignty, though, to help them to outlive. Over the last decades, the phenomenon of globalization has contributed to support the idea of human rights and has considerably led to a global opinion that would be able to put pressure on States. Moreover, the UN would engage itself in emphasizing the concept of peace in all its decisions and actions. As such, International Penal institutions as the International Court of Justice had been established. But the fear of States for their sovereignty has still remained a problem in the equation.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73996870","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}
China has become Africa’s largest trading partner. The level of economic and trade cooperation between China and Kenya have been continuously improved within the framework of the China-Africa Community of Shared Future and the “Belt and Road” cooperation. Nowadays, the cooperation between China and Kenya is standing at a new starting point and facing new development opportunities. Chinese enterprises in Kenya have developed rapidly in terms of number and scale in recent years. And the businesses involve a wide range of fields, ranging from agricultural and sideline products and food industry to precision parts processing and manufacturing, which have created a considerable number of jobs for the local area and increased the overall labor income. However, there are still many outstanding problems in specific cooperation practices, such as the lack of attention on corporate management and corporate culture. Based on literature analysis, this article uses Chinese enterprises in Kenya as an example to illustrate the development status of Chinese companies in Africa, study the problems that exist in the development of Chinese companies in Kenya and propose solutions to the corresponding problems. The further development of Chinese enterprises in Africa will promote the better realization of the China-Africa community with a shared future and the development of the “Belt and Road” to achieve a win-win situation.
{"title":"On Development Strategies for Improving the Management Level of Chinese Enterprises in Africa: the case of Chinese enterprises in Kenyan","authors":"Jia-Xing Wang","doi":"10.5539/jpl.v14n4p136","DOIUrl":"https://doi.org/10.5539/jpl.v14n4p136","url":null,"abstract":"China has become Africa’s largest trading partner. The level of economic and trade cooperation between China and Kenya have been continuously improved within the framework of the China-Africa Community of Shared Future and the “Belt and Road” cooperation. Nowadays, the cooperation between China and Kenya is standing at a new starting point and facing new development opportunities. Chinese enterprises in Kenya have developed rapidly in terms of number and scale in recent years. And the businesses involve a wide range of fields, ranging from agricultural and sideline products and food industry to precision parts processing and manufacturing, which have created a considerable number of jobs for the local area and increased the overall labor income. However, there are still many outstanding problems in specific cooperation practices, such as the lack of attention on corporate management and corporate culture. Based on literature analysis, this article uses Chinese enterprises in Kenya as an example to illustrate the development status of Chinese companies in Africa, study the problems that exist in the development of Chinese companies in Kenya and propose solutions to the corresponding problems. The further development of Chinese enterprises in Africa will promote the better realization of the China-Africa community with a shared future and the development of the “Belt and Road” to achieve a win-win situation.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70798909","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}
Using the remote communication technology in investigation and trial procedures is based on linking the parties of a criminal case in one geographical scope, or in several areas in the same country, or in different regional places among different countries. Therefore, it is imperative to get acquainted with the general rules in remote investigation and trial that have been introduced by criminal legislation to break the traditional general rules of litigation, and to take into account the technological development data in the field of crime detection without prejudice to the rights of the accused or other parties to the criminal case. There is no doubt that the use of audio-visual communication technology will clearly contribute to reducing the financial burdens on the parties of the case, in addition to the legality of these procedures and their impact on the criminal justice system. Consequently, most criminal legislation seeks to include new means and methods for conducting investigations and criminal trial procedures and to create effective litigation procedures in pursuit of achieving justice in its optimal form, especially as technological and technical means are constantly developing, which would necessitate to employ this tremendous development in technological data and modern technology to develop the justice sector.
{"title":"The Technologies of Remote Communication in The Investigation and Trial and Their Impact on the Requirements of Justice","authors":"Mamdouh Hassan Mane Al-adwan","doi":"10.5539/jpl.v14n3p138","DOIUrl":"https://doi.org/10.5539/jpl.v14n3p138","url":null,"abstract":"Using the remote communication technology in investigation and trial procedures is based on linking the parties of a criminal case in one geographical scope, or in several areas in the same country, or in different regional places among different countries. Therefore, it is imperative to get acquainted with the general rules in remote investigation and trial that have been introduced by criminal legislation to break the traditional general rules of litigation, and to take into account the technological development data in the field of crime detection without prejudice to the rights of the accused or other parties to the criminal case. There is no doubt that the use of audio-visual communication technology will clearly contribute to reducing the financial burdens on the parties of the case, in addition to the legality of these procedures and their impact on the criminal justice system. Consequently, most criminal legislation seeks to include new means and methods for conducting investigations and criminal trial procedures and to create effective litigation procedures in pursuit of achieving justice in its optimal form, especially as technological and technical means are constantly developing, which would necessitate to employ this tremendous development in technological data and modern technology to develop the justice sector.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70798862","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}
The article deals with the overview of the main obstacles in the Iranian women’s participation in the country’s political life originating from the national, cultural, social and economic aspects of Iranian society. Much attention is paid to the factors that motivate both Iranian women and men to participate in politics, as well as the problems that Iranian women face while struggling for their place in the parliament. The peculiarities of the political parties’ activities, the financial aspect of the candidates allowing them to take part in election campaigns, distrust of women in Iranian society (in terms of their public role), the lack of electoral quotas for women are defined as the main factors of their non-participation in the elections. However, Iranian women’s motivation, on the one hand, and the country’s political system, on the other hand, play a significant role, because they are key internal and external factors to be taken into account. After the victory of the Islamic Revolution in Iran in 1978, the situation with women’s rights in the country improved supported by the Government’s constitutional establishment of equal rights of men and women in political life of Iran. However, other spheres remained unchanged due to strong religious influence. Only in the 1990s the rights of Iranian women to participate in the country’s politics were addressed by domestic and foreign scholars, though their studies do not provide an in-depth analysis of the problems of Iranian women concerned about the participation in political life of the present-day Iran and their solution.
{"title":"The Motives and Obstacles in Iranian Women’s Participation in Political Life of the Country","authors":"S. Esmaeili","doi":"10.5539/jpl.v14n4p87","DOIUrl":"https://doi.org/10.5539/jpl.v14n4p87","url":null,"abstract":"The article deals with the overview of the main obstacles in the Iranian women’s participation in the country’s political life originating from the national, cultural, social and economic aspects of Iranian society. Much attention is paid to the factors that motivate both Iranian women and men to participate in politics, as well as the problems that Iranian women face while struggling for their place in the parliament. The peculiarities of the political parties’ activities, the financial aspect of the candidates allowing them to take part in election campaigns, distrust of women in Iranian society (in terms of their public role), the lack of electoral quotas for women are defined as the main factors of their non-participation in the elections. However, Iranian women’s motivation, on the one hand, and the country’s political system, on the other hand, play a significant role, because they are key internal and external factors to be taken into account. After the victory of the Islamic Revolution in Iran in 1978, the situation with women’s rights in the country improved supported by the Government’s constitutional establishment of equal rights of men and women in political life of Iran. However, other spheres remained unchanged due to strong religious influence. Only in the 1990s the rights of Iranian women to participate in the country’s politics were addressed by domestic and foreign scholars, though their studies do not provide an in-depth analysis of the problems of Iranian women concerned about the participation in political life of the present-day Iran and their solution.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70798974","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}
Immunity clause as enshrined under section 308 of the 1999 Constitution of the Federal Republic of Nigeria has generated protracted controversies for and against its inclusion in the rubrics of Nigerian constitutional laws. This paper considers widespread corruption by Nigerian leaders, shielded by the immunity clause. It explains the need for reform to curtail the anomaly wherein absolute executive immunity is provided for leaders in Nigeria. The paper maintains that there should be equality before the law, hence, the possible prosecution and appearance of a sitting President, Vice President, Governors and Deputy Governors in some criminal and civil matters drawing from other jurisdictions.
{"title":"Immunity Clause under the 1999 Constitution of Nigeria: A Dire Need for Reform","authors":"Francis N. Ukoh Ukoh, R. A. Ngwoke","doi":"10.5539/jpl.v14n2p47","DOIUrl":"https://doi.org/10.5539/jpl.v14n2p47","url":null,"abstract":"Immunity clause as enshrined under section 308 of the 1999 Constitution of the Federal Republic of Nigeria has generated protracted controversies for and against its inclusion in the rubrics of Nigerian constitutional laws. This paper considers widespread corruption by Nigerian leaders, shielded by the immunity clause. It explains the need for reform to curtail the anomaly wherein absolute executive immunity is provided for leaders in Nigeria. The paper maintains that there should be equality before the law, hence, the possible prosecution and appearance of a sitting President, Vice President, Governors and Deputy Governors in some criminal and civil matters drawing from other jurisdictions.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46958410","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}
Strategic communication (StratCom) is established as one of the key functions and interests of contemporary organisations and governments. The usefulness and importance of strategic communication becomes even more essential when the organisation is defence and security-focused or involved in crisis management. The objective of this study was to assess the strategic communication practices, and inherent challenges of communicating Common Security and Defence Policy (CSDP) and present relevant reflections. A documentary analysis of the relevant EU websites and social media pages of 16 CSDP missions and operations was conducted. This was supplemented with eight key-informant interviews with Press and Public Information Officers (PPIOs) of CSDP and EU strategists. The research demonstrated that most CSDP missions and operations are present on most social media platforms but they often garner very small number of likes, comments, shares, replies or interactions from their targeted audiences. Features of an echo-chamber are also observed. The study also found that public affairs (information) and public diplomacy were the two main forms of strategic communication that the CSDP utilises. CSDP’s strategic communication also tends to take a one-way StratCom process. The challenges faced in terms of StratCom by CSDP are not uniform; they are contextual ranging from resource, translation to mismatch of expectations. The major challenge, however, emanates from the structural problems of CSDP or the EU itself that are beyond the European External Action Service (EEAS) or the relevant Press and Public Information Offices (PPIOs). The study recommendations include quicker EU level political and policy compromise on CSDP, training and resource improvements for StratCom, ‘storytelling and use of real people’, highlighting gender, rights and local ownership, increasing the link with the international media and regular and appropriate self-appraisals.
{"title":"An Analysis of Common Security and Defence Policy’s (CSDP) Strategic Communication (StratCom)","authors":"Kieran Doyle, Tedla Desta","doi":"10.5539/jpl.v14n2p56","DOIUrl":"https://doi.org/10.5539/jpl.v14n2p56","url":null,"abstract":"Strategic communication (StratCom) is established as one of the key functions and interests of contemporary organisations and governments. The usefulness and importance of strategic communication becomes even more essential when the organisation is defence and security-focused or involved in crisis management. The objective of this study was to assess the strategic communication practices, and inherent challenges of communicating Common Security and Defence Policy (CSDP) and present relevant reflections. A documentary analysis of the relevant EU websites and social media pages of 16 CSDP missions and operations was conducted. This was supplemented with eight key-informant interviews with Press and Public Information Officers (PPIOs) of CSDP and EU strategists. \u0000 \u0000The research demonstrated that most CSDP missions and operations are present on most social media platforms but they often garner very small number of likes, comments, shares, replies or interactions from their targeted audiences. Features of an echo-chamber are also observed. The study also found that public affairs (information) and public diplomacy were the two main forms of strategic communication that the CSDP utilises. CSDP’s strategic communication also tends to take a one-way StratCom process. The challenges faced in terms of StratCom by CSDP are not uniform; they are contextual ranging from resource, translation to mismatch of expectations. The major challenge, however, emanates from the structural problems of CSDP or the EU itself that are beyond the European External Action Service (EEAS) or the relevant Press and Public Information Offices (PPIOs). The study recommendations include quicker EU level political and policy compromise on CSDP, training and resource improvements for StratCom, ‘storytelling and use of real people’, highlighting gender, rights and local ownership, increasing the link with the international media and regular and appropriate self-appraisals.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42203271","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}
The Decree of a state of emergency affects not only the executive and legislative branches but also the judiciary. The Covid-19 Pandemic in various countries has both direct and indirect effects on the judiciary, especially in the performance of its duties and functions. This article is to found out the answer of two research question first, how court administration in the United States and Indonesia responds to the Covid-19 pandemic emergency and second, how is its reflection in on optimizing access to justice for court administration even under in the state of emergencies to the pandemic Covid -19. This study uses the comparative method by a study on legal material and practice of judicial emergency in other countries to take the best material and approach to provides advice that needs to be avoided in Indonesian Judiciary. This article has a novelty that legal material in the Judiciary act and procedural law books so limiting delegation to set supplementary regulations for each court and creating potential uniformity for emergency policy in the judiciary.
{"title":"Comparative Judicial Emergency Administration during Pandemic Covid-19","authors":"Ibnu Sina Chandranegara","doi":"10.5539/jpl.v14n2p27","DOIUrl":"https://doi.org/10.5539/jpl.v14n2p27","url":null,"abstract":"The Decree of a state of emergency affects not only the executive and legislative branches but also the judiciary. The Covid-19 Pandemic in various countries has both direct and indirect effects on the judiciary, especially in the performance of its duties and functions. This article is to found out the answer of two research question first, how court administration in the United States and Indonesia responds to the Covid-19 pandemic emergency and second, how is its reflection in on optimizing access to justice for court administration even under in the state of emergencies to the pandemic Covid -19. This study uses the comparative method by a study on legal material and practice of judicial emergency in other countries to take the best material and approach to provides advice that needs to be avoided in Indonesian Judiciary. This article has a novelty that legal material in the Judiciary act and procedural law books so limiting delegation to set supplementary regulations for each court and creating potential uniformity for emergency policy in the judiciary.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48934205","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}
The present study aims to make comparative analysis of competition law in Pakistan and China by analyzing the leniency programs that whether or not they are in accordance with market structure or not, and investigating the mechanism to evidences while applying leniency policies and its value in competition law. The study adopts qualitative data analysis in order to analyze the respective aims and objective. It is found out by this research that progressive and unconventional are very important to be taken by both countries in order to ingeniously enforce competition law. Although competition law is supposed to prevent anti competition rituals and practices by nurturing free and fair competition in the market. It promotes a greater competition in the market by safeguarding customers against inaccurate means, which are adopted by firms. Therefore, competition law can be regarded as highly essential for regulating businesses by ensuring producer and consumer welfare. It ultimately promotes healthy growth of the economy and social justice. While on the other hand, a huge budget is entailed by investigation procedures which have been regarded as a huge financial resources’ loss by experts. In addition to this, there is also a greater risk of surcharges of violation, punishment and legal costs, which sometimes lead to harm corporate image. Moreover, the leniency programs in both Pakistan and China cover administrative liability only. Therefore, it is important to voluntarily comply with competition rules, regulations and laws, which would play an immensely significant role in minimizing the social costs which occur due to this law enforcement. Qualitative research methodology has been applied to the following article.
{"title":"Competition Law in Pakistan and China: A Comparative Study","authors":"Nishan-e-Hyder Soomro, Wang Yuhui","doi":"10.5539/jpl.v14n2p1","DOIUrl":"https://doi.org/10.5539/jpl.v14n2p1","url":null,"abstract":"The present study aims to make comparative analysis of competition law in Pakistan and China by analyzing the leniency programs that whether or not they are in accordance with market structure or not, and investigating the mechanism to evidences while applying leniency policies and its value in competition law. The study adopts qualitative data analysis in order to analyze the respective aims and objective. It is found out by this research that progressive and unconventional are very important to be taken by both countries in order to ingeniously enforce competition law. Although competition law is supposed to prevent anti competition rituals and practices by nurturing free and fair competition in the market. It promotes a greater competition in the market by safeguarding customers against inaccurate means, which are adopted by firms. Therefore, competition law can be regarded as highly essential for regulating businesses by ensuring producer and consumer welfare. It ultimately promotes healthy growth of the economy and social justice. While on the other hand, a huge budget is entailed by investigation procedures which have been regarded as a huge financial resources’ loss by experts. In addition to this, there is also a greater risk of surcharges of violation, punishment and legal costs, which sometimes lead to harm corporate image. Moreover, the leniency programs in both Pakistan and China cover administrative liability only. Therefore, it is important to voluntarily comply with competition rules, regulations and laws, which would play an immensely significant role in minimizing the social costs which occur due to this law enforcement. Qualitative research methodology has been applied to the following article.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41524728","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}
M. Said, Sahanah Kathirvelu, L. Min, N. Rahim, Nur Wafda Asyrani Jamaie, Iman Camelia Abdullah Firuz, Zulkarnaini Abdullah
After the landmark principle in Shaaban & Ors v. Chong Fook Kam & Anor that established a different set of definition for arrest in Malaysia Criminal Procedure Law in 1969, the case of Pendakwa Raya lwn. Mohd Safwan Husain again stirred the definition of arrest in the year of 2017. While it has long been a norm in this area of law to differentiate arrest into actual and constructive arrest, the judgment of Mohd Safwan Husain commented the differentiation critically. This paper aims to analyse the arrest happened in the case of Mohd Safwan Husain thoroughly, not only from the perspective of Criminal Procedure Code, but also from the view of Dangerous Drugs Act. Research method used are library research and case analysis. As for now there is no governing law on constructive arrest, the researchers believe that an explanation should be provided on what constitutes a constructive arrest in the Criminal Procedure Code and the present existing provision which is Section 15 Criminal Procedure Code should be amended.
{"title":"Constructive Arrest: An Analysis of the Case of PP v Mohd Safwan Husain","authors":"M. Said, Sahanah Kathirvelu, L. Min, N. Rahim, Nur Wafda Asyrani Jamaie, Iman Camelia Abdullah Firuz, Zulkarnaini Abdullah","doi":"10.5539/jpl.v14n1p73","DOIUrl":"https://doi.org/10.5539/jpl.v14n1p73","url":null,"abstract":"After the landmark principle in Shaaban & Ors v. Chong Fook Kam & Anor that established a different set of definition for arrest in Malaysia Criminal Procedure Law in 1969, the case of Pendakwa Raya lwn. Mohd Safwan Husain again stirred the definition of arrest in the year of 2017. While it has long been a norm in this area of law to differentiate arrest into actual and constructive arrest, the judgment of Mohd Safwan Husain commented the differentiation critically. This paper aims to analyse the arrest happened in the case of Mohd Safwan Husain thoroughly, not only from the perspective of Criminal Procedure Code, but also from the view of Dangerous Drugs Act. Research method used are library research and case analysis. As for now there is no governing law on constructive arrest, the researchers believe that an explanation should be provided on what constitutes a constructive arrest in the Criminal Procedure Code and the present existing provision which is Section 15 Criminal Procedure Code should be amended.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44906448","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：