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The paper analyses the legislation upon union government enacted by Conservative Governments since 1979 and discusses possible criteria for evaluating its success or otherwise.
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2019 •
Boris Milosavljević
The Kingdom of Serbs, Croats and Slovenes was internationally recognized during the Paris Peace Conference in 1919-20. Even though there was neither a provisional nor a permanent constitution of the newly-formed state, factually there was a state as well as a system of governance, represented by supreme bodies, the King and the Parliament. Many draft constitutions were prepared by different political parties and notable individuals. We shall focus on the official Draft Constitution prepared during the premiership of Stojan Protić. He appointed the Drafting Committee as a governmental (multi-ethnic) advisory team of prominent legal experts from different parts of the new state consisting of Professors Slobodan Jovanović (President), Kosta Kumanudi and Lazar Marković (Serbia), Professor Ladislav Polić (Croatia) and Dr Bogumil Vošnjak (Slovenia). After two months of work, the Committee submitted its draft to the Prime Minister. The leading Serbian legal scholar and president of the committee, Slobodan Jovanović (1869-1958), was well-acquainted with the details of Austro-Hungarian and German legal traditions. Since he was an active participant and witness of the events that led to the creation of the new state, while also being an objective and critical historian, it is important to shed light on his firsthand account of the emergence of the state of Serbs, Croats and Slovenes.
After 18th Amendment: Federation and Provinces Chapter IV, p. 141
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The Power Of Presidential Legisation After The Amendment of UUD 1945
Sulfikar Suling
This research is to analyze and understand the accordance of the presidential legislative power after the amendment of the UUD 1945 to the presidential system principles. This legal research used statute approach, conceptual, comparative, and historical. Primary and secondary legal materials used in this study were collected through literature which investigates and inventory the legal materials with documents, literature books, law journals, and legislation related to the object of research. Legal materials that have been obtained are described and presented descriptively and analytically deduced by using the deductive method. The results showed that the presidential legislative power after the amendment of the UUD 1945 is not in accordance with the principle of the presidential system of government explicitly separating the executive and legislative branches of power in the power system as an implementation of the idea of limiting state power and the principle of popular sovereign...
Duty of the Union Under Article 355 of the Constitution – Remembering the Constitutional Ideal of Co-Operative Federalism
Jaideep Reddy
The Constituent Assembly debates inform us that the duty of the Union towards the States under Art. 355 of the Constitution was incorporated in order to justify the drastic shift in the balance of Union-State relations caused by emergency action under Art. 356. An analysis of various legal authorities’ interpretation and employment of Art. 355, however, reveals a gradual but stark evolution in its character, one which significantly widens the scope of Union action contemplated by it. This paper ventures an explanation for this departure but does not criticize it, as the current position may still be used beneficially. With a substantially wide range of Union interference in the States’ domains amenable to be validated or invalidated on the touchstone of Article 355, however, the concern arises that such interference - and the calls for it – may often be tainted with mala fides or political unscrupulousness. To allay this fear, it is necessary that the constitutional ideal of co-operative federalism be taken note of with fresh vigour. The plea is not utopian as was recently illustrated by the Union’s responses to the Karnataka Governor’s recommendations for emergency action under Art. 356.
THE FUNDAMENTAL FEATURES AND THE POLITICAL WILL OF THE 1866 CONSTITUENT ASSEMBLY (II)
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Problems of Harmonization on The Post-Establishment of Omnibus Law on Job Creation
2021 •
Henry Donald
The government has issued Law Number 11 Year 2020 concerning Job Creation (UUCK) on November 2, 2020. Through this law, around 1,200 articles in eighty laws are simplified into one law that regulates the provisions of the replaced laws. The model of simplifying regulations by combining various laws into a law is called the Omnibus Law. The establishment of the UUCK was a form of simplification of regulations related to the job creation process. The statement of the problem of this research is how to harmonize subordinate regulations into law, which was previously an implementing regulation from a law into a law. The research method used is normative juridical which is descriptive analysis. Law No. 12 Year 2011 as amended by Law No. 15 Year 2019 concerning the Establishment of Laws and Regulations states that harmonization was still in the draft stage. Therefore, no provisions govern the harmonization of regulations in force. If there are overlapped regulations both vertically and ho...
CHAPTER-III ANALYTICAL PERSPECTIVE OF THE TRADE-UNION ACT 1926
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