The aim of Journal of Legal Studies is to publish quality articles and insightful research ideas in all fields of Law domain having a rigorous methodological aspects and soundness of research outcomes. The Editorial Board is oriented towards a comprehensive, extensive and more accurate original contribution in the Law domain with the final objective to promote a high standards of research outcomes in the light of the latest legal sciences agenda. The complex phenomenon and manifestation of the law in the context of globalization has led the Editorial Board to promote also aspects of transdisciplinary, interdisciplinary and multidisciplinary aspects also with some important domains as: economics, finance, IT, medicine or psychology. It is important to promote in the law sciences also the usage of statistical techniques which will lead to the increasing of the quality of the article are a more empirical structure of the research outcomes. The scope of the Journal is to promote a high degree of innovation in Law domain by providing articles which will have a high degree of impact and importance both for the doctrine and academics, and also for Law practicians with the understanding of modern research methods usage in the social sciences. In 2001, within the Faculty of Legal Sciences of "Vasile Goldiș" Western University from Arad, a biannual legal journal, named "Studii Juridice" (Legas Studies) made its appearance, published at Cluj-Napoca, at the prestigious Cordial Lex Publishing House (ISSN. 1582-5442). Today after a period absence of about seven years, the journal returns in force, continuing the scientific demarche began in 2001, under a new denomination - Journal of Legal Studies -, with a new format, under the guidance the Center of Studies and Research – European Dimensions of the Romanian Law (C.S.R.E.D.R.L.) within the Faculty of Legal Sciences of "Vasile Goldiș" Western University from Arad, with a new Editorial Board, a new Scientific Board and with prestigious national and international reviewers. But we also thank all those whom supported and whom beared a hand to the comming-back of our journal, to the members of the Editorial Board, and especially to the prestigious members who accepted to be a part of Scientific Board of the Journal. Journal of Legal Studies niche and specific contribution to the international legal literature The Journal of Legal Study niche regards the study of international law and comparative law. This is a very important issue tackled by the Editorial Board to connect the legal systems at the European and international levels. The Editorial Board follows studies with international and European law aspects and features for a more comprehensive enactment of the legal systems worldwide. Moreover, the Journal of Legal Studies supports comparative aspects of law both on national and international agendas. This is a very important aspect due to the need to make intercountry comparisons of the legal systems. The contribution of the Journal of Legal Study to the international literature is focused on providing insightful and interesting theoretical and empirical studies with a direct impact on academic, practical, and doctrinal issues of all law areas. . Journal Of Legal Studies is covered by the following services: Journal Of Legal Studies- in DE GRUYTER OPEN since 2015 Baidu Scholar; CEEOL - Central and Eastern European Online Library; CEJSH (The Central European Journal of Social Sciences and Humanities); CNKI Scholar (China National Knowledge Infrastructure); CNPIEC – cnpLINKer; Dimensions; DOAJ (Directory of Open Access Journals); EBSCO (relevant databases); EBSCO Discovery Service; ERIH PLUS (European Reference Index for the Humanities and Social Sciences); EuroPub; Genamics JournalSeek; Google Scholar; Index Copernicus; J-Gate; JournalTOCs; KESLI-NDSL (Korean National Discovery for Science Leaders); MyScienceWork; Naver Academic; Naviga (Softweco); Primo Central (ExLibris); ProQuest (relevant databases); Publons; QOAM (Quality Open Access Market); ReadCube; Semantic Scholar; Summon (ProQuest); TDNet; Ulrich's Periodicals Directory/ulrichsweb; WanFang Data; WorldCat (OCLC); The editorial board is participating in a growing community of CrossCheck System’s users in order to ensure that the content published is original and trustworthy, aiming to eliminate plagiarism and provide a high standard and quality peer-review. Free language editing services for accepted papers by Grammarly. Since 2015 (16th Volume, 29th issue), Journal Of Legal Studies uses DOI (Digital Object Identifier)as a permanent citation link to content article. Licensed under the Creative Commons — Attribution 4.0 International — CC BY 4.0 (CC BY-NC-ND 4.0)
The Role of Legislative Oversight and Constituent Development in Enugu State, Nigeria
Whilst there have been several studies investigating legislative oversight and its impact on constituents in different states in Nigeria, there appears to be a paucity of literature on this, with respect to Enugu State. This is why we examined legislative oversight's impact on constituent development in Enugu State, Nigeria. Drawing on a survey of 241 respondents/constituents, as well as a one-on-one in-depth interview with legislators of two constituent areas of Enugu East and Enugu South Local Government Areas, we analytically describe how legislative oversight impacts the day-to-day lives of constituents in Enugu State metropolis. The study reveals mixed findings of opinion between the legislators and their constituents. On one hand, the legislators strongly claimed that they carry out an oversight function by visiting and interacting with their constituents to know what they feel about government policies; constituents, on the other hand, strongly reject such a claim. However, there was a point of convergence in opinion between them as both groups agree that new projects/infrastructure have been instituted at the behest of legislators representing their constituents. Aggressive political education and sensitization are strongly recommended to ensure that constituents continue to hold their legislators to account, who in turn would hold the executive to account regarding policies and decisions affecting their constituents.
Copyright (c) 2026 Journal of Legal Studies
The Ascendancy of Administrative Review on Public Procurement Disputes in Tanzania: A Content Analysis of Local Government Authorities
Public procurement is a cornerstone of public service delivery, especially at the local government level, and effective dispute resolution mechanisms are vital to ensure integrity and value for money. This study examines the ascendancy of administrative review in resolving public procurement disputes in Tanzania’s Local Government Authorities (LGAs), focusing on Dodoma Region from 2015 to 2024. Using a qualitative content analysis of official reports and oversight documents, the research identifies patterns of ethical compliance, transparency measures, and outcomes of procurement challenges over the past decade. The findings reveal that successive reforms and oversight efforts have significantly improved transparency, accountability, and fairness in public procurement processes. The paper addresses these controversies and situates Tanzania’s experience in a broader regional context, comparing it with other jurisdictions’ approaches to procurement dispute resolution. The study’s implications are far-reaching: practically, it suggests ways to improve procurement outcomes and trust; managerially, it offers guidance for public officials to ensure compliance and accountability; and theoretically, it contributes to the understanding of how administrative law mechanisms can be harnessed to address real-life governance challenges. The paper concludes that while administrative review of procurement disputes in Tanzania’s LGAs has made notable strides in promoting ethical compliance and efficiency, further reforms and capacity-building are needed to resolve outstanding issues and fully realize a transparent, fair, and development-oriented procurement system. Limitations of the research are discussed, and avenues for future research – including comparative studies and on-the-ground assessments of the new e-procurement complaint system – are proposed.
The Non-Compliance Provisions of Corporate Governance Codes: A Critical Analysis of the Laws of Mauritius and the United Kingdom
Corporate governance codes in Mauritius and the United Kingdom rely on explanation-based disclosure to preserve flexibility while promoting accountability, yet persistent concern remains over whether weak or boilerplate explanations undermine that objective. This article examines the legal and regulatory treatment of poor-quality explanations for non-compliance with corporate governance codes, with particular focus on the Mauritian apply-and-explain framework and the UK comply-or-explain regime. Using a doctrinal black-letter methodology and comparative legal analysis, the paper analyses governance codes, statutory provisions, listing rules, regulatory guidance, and selected practical case materials, including the Tesco and Carillion scandals in the United Kingdom. The study draws on primary legal sources, supporting doctrinal and governance scholarship to evaluate whether existing frameworks provide meaningful standards or sanctions for inadequate explanations. The findings show that both jurisdictions depend heavily on disclosure as an accountability mechanism, but neither provides sufficiently robust, explanation-specific oversight. In the United Kingdom, enforcement remains largely indirect and market-driven, while in Mauritius, broad regulatory powers exist, but visible enforcement directed at explanation quality is limited. The article concludes that explanation quality should be treated as a matter of legal accountability, and it recommends clearer evaluative benchmarks, more explicit supervisory scrutiny, and a stronger enforcement architecture to enhance transparency, investor confidence, and the credibility of explanation-based governance.
Overcriminalization in Cybercrime Governance: Judicial Restraint in Regulating Assistance to Online Crimes in China
Overcriminalization has become a central concern in contemporary cybercrime governance. In China, the Crime of Assisting Information Network Criminal Activities (CAINCA), introduced in 2015, criminalizes assistance that creates abstract risks within cybercrime networks. In judicial practice, however, the offense has gradually expanded through permissive presumptions of knowledge and mechanical reliance on quantitative thresholds, particularly after the 2020 “Duanka” campaign. Drawing on doctrinal analysis and three representative cases from the People’s Court Case Database, this article demonstrates how courts have blurred the boundary between neutral technical services and culpable facilitation. To address these risks, it proposes a framework of judicial restraint: restricting mens rea to actual knowledge, applying objective imputation to neutral assistance, prioritizing accomplice liability where upstream crimes can be identified, and strengthening individualized sentencing. These reforms aim to reconcile effective cybercrime governance with the principles of culpability and proportionality in criminal law.
The Role of Incumbency Fatigue in the NPP’s Parliamentary Performance in the 2024 Elections
In competitive democracies, incumbency fatigue has emerged as an important factor influencing electoral outcomes. This paper examines the role of incumbency fatigue in the dismal performance of the New Patriotic Party (NPP) in the 2024 elections. It analyzes the impact of prolonged party and parliamentary incumbency on electoral results through a review of historical parliamentary seat data and a qualitative desk-based analysis of election reports and media coverage. The results indicate that the NPP’s defeat was driven by several factors, including declining public trust and confidence, a strong desire for change and new leadership, protest voting arising from unmet expectations, perceptions of weak accountability, and voter exhaustion with long-serving incumbents. The opposition National Democratic Congress (NDC) also used effective mobilization strategies. The paper further develops the Seat-Level Mechanism of Incumbency Fatigue to explain how incumbency fatigue manifests in electoral outcomes.
Unmasking Anonymity: Thorn’s Approach to Combating Online Child Sexual Exploitation in India and Its Adaptability to Pakistan’s Legal Framework
The exponential rise of the internet has socialized the globe, and in doing so, has provided a cloak for online child sexual exploitation (OCSE). This article examines India's counter-paradigm warfare against the OECD, focusing on Thorn, a nonprofit organization using artificial intelligence, machine learning, and big data analytics to prevent and counter predator networks. India's partnership with Thorn has yielded several inspiring stories with examples of superior technologies in the investigation of culprits. However, constraints of resources and legal incongruities and lacunae remain a problem. Based on India's experience, this article analyzes the situation in Pakistan and exposes weaknesses and gaps in its cyberspace laws and enforcement. For this reason, the article calls for the adoption of Thorn's model of socio-legal analysis specifically within the socio-legal context of Pakistan. It underscores the need for allied cooperation, the question of privacy and child protection, as well as the introduction of technology into Pakistani law. Based on the objectives and findings, the article presents some practical recommendations for the Pakistani government, such as technological integration, policy modification, global networking and partnership, and capacity development. These are underscored as key measures fundamentally relevant to the establishment of a solid system of child protection, as well as guaranteeing children's protection within the digital age from acts of sexual exploitation.
Technology and Intellectual Property Rights: Implications, Challenges, and Future Directions
This article explores how technology and intellectual property rights (IPR) have changed and are changing in their interrelation, highlighting the opportunities and challenges that are created by new innovations. It follows the history of IPR since the Berne Convention of 1886 to the confusions of the modern digital age, where piracy, patent trolling, and cross-border enforcement remain a matter of concern. Specific attention is given to disruptive technologies, i.e., artificial intelligence, blockchain, and 3D printing, which challenge traditional ideas of authorship, ownership, and enforcement. The paper employs an interdisciplinary approach to study in a qualitative manner, which is based on a literature review, case studies, and doctrinal analysis, as well as recent judicial cases of AI-generated works. It proposes a dynamic and harmonized law made to suit a breakneck pace of technological change and, at the same time, strike a balance between the rights of creators and knowledge available to the masses. In conclusion, the paper emphasizes the necessity of international cooperation, moral reasoning, and the incorporation of technological resources into IP management to attain sustainable innovation.
The “livello” in Italian Property Law: Ownership, Extinction, and Third-party Protection in a Comparative Perspective
This brief essay examines an institution peculiar to Italian law—virtually unknown even among legal practitioners—precisely because it lacks both a statutory definition and codified regulation: the “livello”. In the Italian legal system, this term designates a range of legal constructs, including a real right of enjoyment, a real burden encumbering land, and, more generally, a set of agrarian law relationships characterised by the grant of enjoyment of land by a large landowner (concedente) to a beneficiary (utilista), who undertakes to cultivate, improve, and pay a fee (also referred to as “livello”). It frequently occurs that, upon examining cadastral certificates, mortgage searches, or old title deeds in Italy, the existence of so-called “oneri livellari” (“livello burdens”) emerges with respect to a parcel of land, arising from contractual relationships both unknown and remote in time, whose respective obligations have likewise not been performed for a considerable period. This paper focuses on the contemporary legal implications of such findings for land transactions and due diligence, with particular attention to the identification of ownership, the conditions under which a livello may be extinguished or redeemed, and the protection of third-party purchasers where the transferor is the livellario (or an assignee) who, in practice, acts and presents himself as the full owner.
Human Trafficking of Indonesian Citizens in Cambodia: Perspectives from Criminology, Victimology, and International Law
Human trafficking involving Indonesian citizens in Cambodia demonstrates the complexity of transnational crime, which requires multidisciplinary analysis to understand the causal factors, patterns of victimization, and the effectiveness of law enforcement mechanisms. This study examines the practice of human trafficking against Indonesian citizens in Cambodia from the perspectives of criminology, victimology, and international law. Using qualitative methods with an empirical juridical approach, this study identifies a number of key issues, including recruitment methods based on job scams, the economic vulnerability of victims, weak cross-border surveillance, and limited law enforcement cooperation between Indonesia and Cambodia. The findings highlight the imbalance between the existing international legal framework and its implementation in the field, which is influenced by bureaucratic obstacles, a lack of inter-agency coordination, and the low capacity of destination countries to protect victims. This study recommends strengthening bilateral cooperation mechanisms, increasing law enforcement capacity, and expanding victim protection and recovery programs. The results of this study are expected to support more comprehensive and equitable efforts to prevent and combat human trafficking.
Tax Evasion, Shadow Economy, and Taxation System. Judicial Insights and Economic Assessments
The shadow economy is a widespread phenomenon, with a major impact on public finances. It should not be viewed strictly as an economic problem, as it raises a number of ethical, social, and governance concerns. Combating the underground economy cannot be achieved only through increased controls and higher fines. It requires a multifaceted approach, targeting the root causes of informal economic activities. In order to discourage illicit activities, more efficient institutions, a simpler and more transparent fiscal system, and better regulation are needed. In this paper, we present the negative effects of the shadow economy and the need to combat it, and also address the main determinants of the underground economy, as well as the strategies needed to reduce it. Tax evasion represents the quid pro quo of the fiscal system, lato sensu, and taxation technique, stricto sensu. In this paper, both a quantitative and qualitative overview of the connections between tax evasion and the shadow economy in the context of the taxation system are presented. The practical case studies presented and analyzed were designed to reveal the judicial problem of tax evasion and the economic implications of the shadow economy. The empirical aspects analyzed in the paper focus on a more comprehensive approach to a more equitable taxation system. The conclusions of this study highlight the need for a more comprehensive fiscal system environment, both in Romania and at the European level, with a special orientation on equitable taxation, reducing the taxpayer burden, and a more flexible and transparent taxation system.
Artificial Intelligence in Forensic Investigations. Doctrinal Gaps, Fundamental Rights and the Rule of Law
The article examines the growing tension between the use of Artificial Intelligence (AI) in criminal investigations and the protection of fundamental rights. While AI technologies such as facial recognition, predictive policing, and digital forensics promise greater efficiency in law enforcement, they simultaneously raise serious concerns related to privacy, equality, non-discrimination, and the right to a fair trial. The analysis demonstrates that the current legal and doctrinal framework remains insufficiently developed to address these challenges, creating the risk of fragmented practices and undermining legal certainty. Drawing on European and international standards, as well as recent doctrinal debates, the article highlights the main risks: algorithmic opacity, indirect discrimination, automation bias, and the lack of consolidated jurisprudence regarding AI-generated evidence. The article contributes to filling this gap by identifying doctrinal lacunae and proposing research and regulatory directions. These include the need for clear procedural standards, mandatory algorithmic audits, minimum safeguards for digital evidence, strict limitations on the use of predictive technologies, and investment in digital literacy for justice professionals. AI should not be rejected as a threat, but integrated responsibly into the legal system, ensuring both security and respect for the rule of law.
Copyright (c) 2025 Journal of Legal Studies
Extra-Judicial Killings: A Snapshot of Bangladesh's Legal Regime
This study explores the alarming topic of extrajudicial killings in Bangladesh, pointing out how these crimes violate fundamental human rights and undermine democratic values in the country's criminal justice system. It sheds light on the pervasive impunity and lack of accountability among law enforcement agencies by tracing the historical roots of such killings and examining the current judicial system. It investigates the violations of internationally acknowledged human rights instruments and identifies gaps in existing legislation using a qualitative examination of secondary sources. To emphasize the seriousness of the present scenario, two shocking, sensational incidents are reviewed. Upholding the principles of human rights requires that the guidelines, rules, policies, and legal mechanisms made by the UN be put into practice. By putting these recommendations into reality, Bangladesh can create a society that upholds the rule of law, protects human rights, and ends the heinous practice of extrajudicial killings.
The Annulment of the 2024 Romanian Presidential Election. Between Constitutional Guardianship and Judicial Overreach
The article focuses on Ruling No. 32/2024 of the Constitutional Court of Romania, which annulled the first round of the presidential elections in response to intelligence revelations about large-scale foreign disinformation and covert digital campaigns. Based on Article 146(f) of the Constitution, the Court assumed its role as the guardian of electoral integrity ex officio, ordered a full rerun of the elections, and extended the term of the incumbent president. While the decision reflects a militant defence of democracy and resonates with European standards that allow for annulment in exceptional circumstances, it can also be argued that it exceeded the limits of legality. The Court’s reliance on declassified information, its succinct reasoning, and the absence of procedural safeguards raise questions about transparency, predictability, and thus the rule of law. Testing both sides of the coin - which the article attempts to tackle - can illustrate both the strength and fragility of Romanian constitutionalism, i.e., strong in its desire to defend democratic values, yet fragile in the absence of clear statutory and constitutional rules for such crises.
From Margins to Mainstream: The Role of Political Parties in Advancing Women’s Parliamentary Representation in Ghana
Women’s underrepresentation in national legislatures is a persistent global concern. This study interrogates how political parties can promote greater women’s representation in Ghana’s Parliament. Using the mixed-methods approach, the paper combines a survey of 100 participants and in-depth interviews with six key informants. The findings reveal multiple challenges facing women in politics and identify mechanisms through which parties can help overcome these barriers. Internally, parties can introduce measures such as candidate quotas, reserved seats in safe constituencies, reduced filing fees, financial and material support, and capacity-building programs for aspiring female politicians. At the national level, legal reforms, including the implementation of the Affirmative Action (Gender Equity) Act (2024), are pivotal. While these strategies hold promise for increasing women's parliamentary representation in Ghana, the study concludes that political parties must find a way to deal with internal opposition, as most stakeholders see these measures as undemocratic. The paper concludes that committed political party actions, coupled with supportive legal frameworks, are essential to achieving meaningful gains in women’s representation.
Establishing an Independent Fiscal Council in Mauritius: A Framework for Enhanced Fiscal Governance
This paper examines the case for establishing an Independent Fiscal Council in Mauritius as a mechanism to enhance fiscal governance, transparency, and accountability. Despite Mauritius's reputation as a well-governed small island economy, recurring challenges, including rising public debt-to-GDP ratios (which reached 87% in 2021), persistent budget deficits, instances of public fund misappropriation, and weaknesses in fiscal oversight, indicate the need for institutional reform. Using a mixed-methods approach combining doctrinal legal analysis with comparative research, this study examines primary sources, including legislation and official reports, alongside secondary literature on fiscal governance. The research conducts a comparative analysis of fiscal council frameworks in selected jurisdictions (UK, New Zealand, Brazil, India, Australia, Hungary, Argentina, Luxembourg, and Singapore), drawing lessons applicable to the Mauritian context. The findings demonstrate that Mauritius's current fiscal governance framework lacks robust independent oversight mechanisms, contributing to fiscal challenges and accountability deficits. The paper proposes a comprehensive model for a Mauritian Fiscal Council, including its legal foundation, institutional design, powers, functions, and relationship with existing institutions, while providing a detailed implementation roadmap addressing the unique political economy challenges facing Mauritius.
Mobile Legal Justice: Buckle Up for a Rocky and Smooth Justice System
This analysis explores the dynamics of the justice system, highlighting its systemic challenges and recent advancements. It aims to examine the justice system's dualistic nature, focusing on structural barriers alongside progressive inventions. The rationale is to enhance an understanding and contribute optimally to legal processes by investigating the interplay among various components of justice delivery. The study explores the divergent experiences within this framework, where some individuals steer significant obstacles reminiscent of traversing perilous terrain while others benefit from more explicit pathways. The discourse emphasises the critical need for equitable justice across different demographics by analysing the influence of technological developments and mobile applications in improving accessibility and transparency. These narrative challenges prompt legal professionals and policymakers to rigorously assess continuous systemic disparities while cultivating a concerted effort toward a more equitable legal framework. Generally, this contribution posits that envisioning a future in which justice is accessible and fundamentally fair is achievable through the strategic deployment of ingenious tools and advocacy efforts.
Analysis of Licensing Issues in Tourist Destination Development: Case Study of Hibisc Fantasy Park
The development of tourism destinations requires a strict and structured permitting process to ensure compliance with spatial planning, environmental protection, and community welfare. This study analyzes the licensing issues encountered in the development of Hibisc Fantasy Park in Puncak, Indonesia. Using a qualitative method with a juridical-empirical approach, the research identifies discrepancies between the obtained permits and actual development practices, such as the expansion of the construction area far beyond the approved limits. The study highlights several key factors contributing to the violation of licensing regulations, including weak government supervision, poor inter-agency coordination, economic pressures on developers, lack of regulatory understanding, and limited government resources. The findings emphasize the urgent need for stronger regulatory enforcement, improved institutional coordination, and greater public awareness to promote sustainable tourism development. Recommendations are provided to enhance the effectiveness of licensing systems and to ensure that tourism growth aligns with legal and environmental standards.
Digital Transformation in Legal Education: Gamification Models Form India, Brazil, and South Africa for Pakistan
Legal education requires digital transformation because it responds to modern pedagogical needs through innovative learning methods to increase students' skills in legal reasoning, advocacy and problem-solving abilities. Legal training that implements gamification mechanics connects game-based elements to produce a dynamic system that builds student involvement along with enhanced mental retention. This paper critically analyzes gamification effectiveness in legal education through an analysis of successful Indian, Brazilian, and South African approaches, which yield adoption principles usable for Pakistan. The paper establishes constructivist learning theories and experiential pedagogy as well as cognitive engagement principles before showing gamification uses in simulated legal practice with interactive case analysis and digital moot courts. The research evaluates three different implementations based on comparative case studies, where it investigates LawBot and AI-empowered legal games in India in addition to Jogo Justo for interactive moot court exercises in Brazil and interactive virtual legal clinics in South Africa. This study contrasts different models by examining their successful methods and limitations to create specific policy changes that match Pakistan’s legal education programs. The paper focuses on aligning curriculum content with each other while developing faculty abilities alongside mobilizing institutional backing and resolving limitations involving infrastructure. A detailed examination of legal regulatory requirements, together with public-private partnerships and policies from the bar councils, investigates the sustainability measures for adoption. The paper recommends future innovation along with digital transformation to improve Pakistan’s legal education system in this age of technology-based teaching methods.
Aruna Shanbaug. A Case Study in Compassion, Dignity, and the Ethics of Euthanasia
The case of Aruna Shanbaug is a landmark case in Indian jurisprudence that significantly influenced the debate surrounding the right to die with dignity. Aruna Shanbaug, was a nurse at King Edward Memorial Hospital, left in a persistent vegetative state for 42 years following a brutal assault. This prolonged condition raised complex ethical, moral, and legal questions regarding whether individuals in irreversible conditions should be allowed to die through unnatural means. In 2009, Social activist Pinki Virani filed a petition in the Andhra Pradesh High Court, seeking permission for euthanasia, arguing that Shanbaug's condition was unlikely to improve and that she was suffering unnecessarily. The petition was later brought before the Supreme Court of India in 2011. While the Court rejected the plea for active euthanasia, it acknowledged the legality of passive euthanasia, provided that strict conditions should be fulfilled, including the approval of a medical board. This ruling marked a crucial development in the recognition of passive euthanasia in India, paving the way for future legal reforms. The case continues to influence discussions on human rights, medical ethics, and personal autonomy in the context of Indian healthcare law. The objective of this paper is to analyze the ethical, moral, and legal implications of the Aruna Shanbaug case in the context of euthanasia laws in India. It aims to explore how the case influenced the recognition of passive euthanasia and shaped subsequent legal reforms in the country.
Lawsuit for the Termination of the Joint Stock Company for Just Cause Under Turkish Law
Shareholder relations in a joint stock company may go well or may become unbearable over time. For this reason, the Turkish Commercial Code provides minority shareholders with the right to file a lawsuit for the termination of the joint stock company for just cause, especially for the protection of minority rights. The legislator has also allowed the judge to decide on alternative solutions instead of terminating the company for just cause. The legislator has not specified what constitutes just cause termination and has left this matter to the doctrine and judicial decisions. The purpose of this study is to clarify the issues left to the doctrine and judicial decisions in the light of the doctrine.
Fetal and Abortion Rights Under the Maastricht Principles on the Human Rights of Future Generations: a Contradiction
On 3 February 2023, the Maastricht Principles on the Human Rights of Future Generations was adopted in Maastricht, Netherlands, by a group of human rights experts. Though not legally binding, these Principles seek to safeguard the rights of persons, groups, and peoples yet to exist. Accompanying the Maastricht Principles is a Commentary by the drafters explaining the import of each principle. This paper argues that the categorical denial of any form of legal protection for human embryos, fetuses and unborn children in the Maastricht Principles fundamentally undermines its objective and conflicts with the Convention on the Rights of the Child (CRC). It posits that women’s reproductive rights, including abortion, must be balanced with the imperative to protect the survival of unborn children. It juxtaposes the pro-life and pro-choice views on abortion, highlighting untapped middle grounds. While acknowledging that the mother's best interests should prevail in cases of conflict, this paper asserts that granting human embryos and fetuses a baseline of legal protection is essential to the coherence of the Maastricht Principles. Without such safeguards, the very concept of future generations is jeopardized.
Complexities of Legislative Representation in Ghana: Do Legislators Really Represent Their Constituents?
The question of whose interest legislators really represent is yet to be satisfactorily answered in the literature of legislative studies. The paper investigates whether Members of Parliament (MPs) in Ghana follow their constituents' preference, their own judgment, or their parties' interests. Qualitative data was collected through 25 in-depth interviews with MPs, senior parliamentary staff, Parliamentary press corps, and civil society groups. Using theoretical literature on ideal styles of representation—delegate, partisan, and trustee— the delegate role of MPs in relation to their constituents was largely overshadowed by the delivery of personalized and club goods as a way of representing their constituents. However, on a matter of policy, a partisan orientation strongly influences the legislative decision-making of MPs. This is due to the economic leverage that political parties have over their candidates’ re-election bid and a whip system that can compel MPs to prioritize the party's interest over that of constituents and their own judgment. Informal factors, such as ethnicity, religion, schoolmates, family relations, and friendship, though they play a minor role in influencing their representational orientation, could potentially shape the secret dissenting views of MPs from their parties’ positions. These findings highlight the need to enhance public education on the core responsibilities of MPs. This will foster an enduring trustee relationship, essential for reducing excessive pressure and demands on MPs, and undue partisanship in legislative policy-making.
The Modification of the Probation Period as an Effect of Transposing the Directive (Eu) 2019/1152 in the Romanian Law
Directive 2019/1152 has brought to the forefront the importance of the probationary period in an employment relationship, by its dual importance both in the activity of an enterprise by enabling the employer to find workers as competent as possible for the performance of the activity, and for the worker, who has the opportunity to know from the beginning of the employment relationship what conditions he must fulfill. Law no. 283/2022 amended the national law in the sense that it made it mandatory to expressly mention the conditions of the probationary period, if any, thus creating a conflict between the existing rules, in relation to the fact that during the probationary period, there is the possibility of termination of the individual employment contract by a simple unjustified notification by either party. In the following study, we will try to solve the legal problem of whether there or there is not a change in the legislator's optics regarding the reasons for the termination of the individual employment contract during the probationary period.
The Role of Artificial Intelligence in Criminal Investigations in India
With an increasing presence, Artificial Intelligence in Criminal Investigations all over the globe is progressively emerging as a new tool. Applications of Artificial Intelligence in India have been rapidly proliferating, especially as criminal activities increasingly move into the online sector. The volume of evidence collected is experiencing exponential growth and traditional methods often lack the power and complexity required to address modern crime effectively. India's law enforcement agencies are seeking to embrace these through AI technologies and enhance their powers in solving crimes more effectively and efficiently. All these technologies like; predictive policing, facial recognition, natural language processing, or data analytics represent a pathway to faster speeds, higher accuracies, and better outcomes in Criminal Investigations. Predictive policing algorithms can be used to predict crime hotspots, while facial recognition systems can help identify suspects in a matter of minutes rather than hours and days taken in the manual methods. Moreover, AI can help in curbing cybercrime, which is the most challenging for law enforcement agencies in India at present. However, this use of AI in Criminal Investigation also raises concerns, particularly in the space of privacy and surveillance, protection of data and algorithmic bias. More specifically, the country’s regulatory framework for the use of AI by law enforcement agencies is extremely weak and underdeveloped, which opens the door to abuse and the infringement of certain fundamental rights. This paper examines the advantages as well as disadvantages of Artificial Intelligence in relation to Criminal Investigations in India and lays out a lengthy list of issues that must be resolved before AI can be applied to the nation's criminal matters.
Tax Evasion and Non-oil Revenue Administration in Nigeria
The relationship between tax evasion and non-oil revenue in Nigeria was investigated in this study. The study’s specific objectives were to investigate how corruption perception index and revenue leakages through tax evasion impact non-oil revenue in Nigeria. Secondary monthly data from 2015M1 till 2022M12 and the study's data were taken from the Central Bank of Nigeria's annual reports and the Nigerian Federal Inland Revenue Services' yearly reports. The sourced data was estimated using the multiple regression technique. The unit root test showed that all the variables were stationary at levels. Findings showed that corruption perception index and revenue leakages through tax evasion negatively and significantly impact non-oil revenue in Nigeria. Therefore, the research suggested that in order to penalize those who commit tax evasion, the government's tax rules should be examined on a regular basis.
The Dynamics of Regional Head Elections in the Digital Era in Indonesia: the Perspective of First-time Voters
Indonesia's Regional Head Elections in 2024 show significant changes in political campaign strategies, especially with the increasing use of social media as the main tool. Social media has become a strategic tool for regional head candidates to convey their vision, mission, and work programs, as well as build their political image. As the dominant platform in the digital era, social media allows for wide, fast, and efficient dissemination of information, especially in reaching young voters who now account for around 60% of the total electorate. Young voters, who are active in using social media, are highly influenced by digital political content from influencers, public figures and peers. The ease of direct interaction between candidates and voters is also an added value that makes social media superior to traditional campaign methods. However, on the other hand, the use of social media in political campaigns faces several challenges, including the spread of disinformation, manipulation of opinions by buzzers and influencers, and potential violations of user data privacy. For this reason, increasing digital literacy and political awareness among the public, especially first-time voters, is important so that voters are more critical in filtering the information received. With the right strategy, social media can be an effective and ethical campaign tool, supporting a healthier and more participatory democracy. This research provides recommendations for candidates and stakeholders to maximize social media responsibly to gain voter support.
Unrecognized Hornets’ Nests of Basic Contract Law - Does the Law Permit a Seller to Offer the Same Item to Two or More Buyers Under Bilateral Contracts
The law of contracts stands as a mechanism for creating and enforcing legal rights and obligations that ensure that parties are held to their respective promises. However, if contract law permits a seller to agree to sell the same item to two or more buyers to the extent of creating two valid contracts, this may violate one of the main purposes of contract law which is to bring certainty and predictability pertaining to the duties and rights of the parties. This article initially examined the elements of contract law to analyze if the same could give rise to two or more valid bilateral agreements purporting to sell the same item to different individuals. This was followed by proposed reforms to the existing framework to protect both sellers and buyers who may not be aware of the legal framework governing their relationships. After assessing and evaluating whether a seller of limited stocks can contract to sell more than they own, it was identified that it is legally possible for a seller to be bound by two or more valid contracts to sell the same item. It was proposed to either interpret the expression of willingness to sell a product by a seller with limited stocks as an invitation to treat or subject the validity of concepts of offer and acceptance to the condition of availability of stocks as mechanisms to afford protection to domestic sellers who may be incautious of the surrounding legal rules.
Legal Challenges in Enforcing the Duty to Render Assistance at Sea: Implications for Maritime Autonomous Surface Ships (MASS)
International Shipping is subject to both national and international regulations to ensure safe and sound shipping as well as to enforce rights and obligations. Technological advancement in the shipping industry especially the introduction of maritime autonomous surface ships (MASS) is going to bring a great change along with challenges. Moreover, there are issues concerning the regulation of MASS under existing regimes such as the meaning of the relevant terms, the requirement to have a master and crew on board, the master’s duty to render assistance at sea, seaworthiness and avoidance of collisions. This paper aims to focus on the enforcement of the duty to render assistance at sea over MASS. Hence, this paper analyses the challenges that may arise while employing the duty over MASS, non-compliance under the present laws and the need for the adoption of a new regulatory framework to settle such non-compliances.
Theoretical, Legal and Empirical Aspects of Corporate Governance
The study tackles the problem of corporate governance from three directions. First, it reveals the theoretical aspects of corporate governance, with a special focus on public enterprises and the shift towards the new legislative package. Second, corporate governance is analyzed based on the legislative and legal aspects of public enterprises, which are financed by the state budget, and their implication vis – á – vis of the new legislative amendments and legal developments. Third, it is analyzed from the empirical point of view, the corporate governance indicators at the OECD and the Romanian levels. The conclusions of the study highlight the importance of central and public authorities in the field of corporate governance, which are fundamental in order to apply in a fair and complete manner the legal norms and stipulations.
Harassment From the Perspective of the Current Romanian Criminal Code
The legislator of the Criminal Code resorted to the criminalization of this deed in response to cases that occurred in everyday reality, in which various persons, especially women, are waited for and followed in the street or other public spaces or are badgered via phone calls or messages, all of which are done in such a way as to create a state of fear for the person in question.
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