rss_2.0Sciendo RSS Feed for Journal of Legal Studieshttps://sciendo.com/journal/JLEShttps://www.sciendo.comhttps://sciendo-parsed.s3.eu-central-1.amazonaws.com/64721aa3215d2f6c89dbc1c0/cover-image.jpghttps://sciendo.com/journal/JLES140216https://sciendo.com/article/10.2478/jles-2024-0003<abstract> <title style='display:none'>Abstract</title> <p>Legal education plays a vital role in the country’s justice system. The graduates with good quality of law education have a great impact on the quality of the judiciary, Bar, and Bench. There is a general perception amongst the stakeholders comprising of that the present legal education in Pakistan does not satisfactorily match the needs of the country. Thus, it needs to be reviewed and reformed. In line with this, the objective of the current qualitative study is to analyze the opinions of stakeholders. The article ends with recommendations for improvement in legal education as advocated by the stakeholders.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00032024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0009<abstract> <title style='display:none'>Abstract</title> <p>The correlation between international regulations and domestic regulations in the field of human rights and freedoms” analyses the relationship and mutual impact between international human rights norms and standards and the domestic legislation of the States. The paper investigates the importance and ways in which international regulations influence and are implemented in the domestic legislation of States to ensure the protection and observance of human rights. First of all, States have to pass appropriate domestic legislation to implement and give practical effect to international human rights norms and standards. This means that domestic regulations must be consistent with States’ international obligations and ensure the protection and respect of human rights at a national level. Secondly, international human rights regulations can serve as instruments for interpreting and applying domestic law. States can use international standards as references for interpreting and applying their domestic laws, thereby ensuring that human rights are duly observed and protected.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00092024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0005<abstract> <title style='display:none'>Abstract</title> <p>The legal education map of Pakistan is plagued by a slew of hurdles, starting with outdated teaching approaches and poor resource provision. This article suggests including flipped classrooms in legal education and the functional outcome of this is to improve the quality and accessibility of legal education. Contrary to the traditional methods of teaching, flipped classrooms force students to interact with the instructional materials before the class. This organization allows face-to-face sessions to focus on interactive discussions and hands-on applications. Major factors necessary for successful implementation include faculty development, technological support, and the correlation of curriculum goals. Flipped classrooms offer a promising route to the issues of legal education in Pakistan. Like that, the method encourages active learning, stimulates cognitive activities, and prepares law scholars better for the difficulties of modern legal practice.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00052024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0007<abstract> <title style='display:none'>Abstract</title> <p>The legislative changes implemented in the Labor Code of Georgia fundamentally changed the regulations governing the prohibition of discrimination. In order to bring them closer to the law of the European Union, a number of important issues were identified that require scientific processing and comparative legal research. One of the current and problematic types of discrimination in Georgian reality is not hiring a person and/or dismissing him/her due to political or other opinions. Case law regarding these topics practically does not exist. The present article deals with the existing regulation related to discrimination due to political or other opinions in pre-contractual relationships. The present paper examines whether Georgian legislation complies with acts of ILO and European law.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00072024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0004<abstract> <title style='display:none'>Abstract</title> <p>This article conducts a comparative analysis of pre-trial detention challenges in Ukraine and Sweden, highlighting common issues and distinctive features. Both countries face non-compliance with international standards in their remand policies, with legislative problems serving as a focal point. Recent legislative efforts in Ukraine and Sweden have addressed some issues, but significant challenges persist, requiring comprehensive solutions. The legislative disparities between the two nations manifest in the technical nature of Ukraine’s problems and Sweden’s more systemic issues. A unique challenge faced solely by Sweden is the disproportionately high number of foreigners in pre-trial detention, highlighting discriminatory legal regulations. Procedural hurdles vary, with Sweden grappling with the lack of specificity in prosecutors’ grounds for restrictions, while Ukraine faces a formalistic approach to remand extensions. Long-term pre-trial detention is identified as a shared concern, attributed to systemic principles in Sweden and technical procedure problems.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00042024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0010<abstract> <title style='display:none'>Abstract</title> <p>In each state there are certain vulnerable categories of population: children, elderly, disabled people, who need special protection in order to realize their rights. Among them, there are children, whose rights are explicitly regulated in Romania by Law nr. 272/2004 on the protection and promotion of children’s rights, but also in other related laws. In the following, we intend to analyze: the right of the child to establish and preserve his or her identity in accordance with relevant legislation and case law.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00102024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0002<abstract> <title style='display:none'>Abstract</title> <p>This study compares countries with common law with countries with civil law systems and investigates the possibility of predicting legal systems using artificial neural networks (ANNs). The OLS model, ANOVA, ANN, and Tensor Flow are used in the research to analyze the data. The goal is to find out how board characteristics and country legislative frameworks affect how European corporations disclose their social performance. The performance of a hidden layer with five nodes is best, according to the ANN model. The model’s accuracy throughout testing and validation is 0.750. The confusion matrix shows that, of the four observations in the test set, three were correctly categorized as “Civil law” and one was incorrectly categorized as “Common law.”</p> <p>To evaluate the model’s efficacy, evaluation metrics are computed. The model’s accuracy is 0.750, which represents a prediction success rate of 75%. For the “Civil law” class, the recall (true positive rate) is 1.0, indicating that all “Civil law” cases are correctly identified. Metrics for the “Common law” class, however, are not available due to the scant amount of data that is available. The prevalence of countries with common law and civil law systems is compared in the ANOVA analysis. As shown by the computed F-value of 0.482, there is less variance inside each legal system than there is between the two. There is no statistically significant difference in frequency between the two legal systems, according to the p-value of 0.495. Overall, the research’s conclusions imply that social performance disclosure between countries with common law and civil law systems differs only slightly. The neural network model’s network weights provide insight into the importance of different features in prediction.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00022024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0001<abstract> <title style='display:none'>Abstract</title> <p>The problem of child labor in cocoa-producing countries like Ghana and Ivory Coast has been projected into the international limelight due to coverage by notable international media organizations like CNN, BBC, and Al Jazeera. The incidence of child labor in the cocoa industry raises legal and ethical issues in the production and manufacturing processes that feed into international trade. This paper explores the international legal framework on child labor under the Minimum Age Convention and the consistency of Ghanaian domestic law with the Convention. It further discusses empirical data collected from Anyinam, a cocoa farming community in the Eastern Region of Ghana and the sustainability programme of Federated Commodities Ltd. (FEDCO), as a private sector responsible business initiative aimed at addressing the problem of child labor from a holistic approach.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00012024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0006<abstract> <title style='display:none'>Abstract</title> <p>This study seeks to examine the notion of marital maturity through the lens of Islamic jurisprudence. It employs a normative legal research methodology, combining philosophical insights, statutory regulations, and contextual analysis. The analytical techniques involve surveying, conducting question-and-answer sessions, thoroughly reading legal materials, and employing deductive analysis. The research results show that in Islamic law, maturity in marriage refers to the boundaries of individuals who have reached puberty. The importance of building a household based on maturity is to create psychological maturity in both partners, both husband and wife. Islamic law underscores the importance of individuals being mentally, physically, and psychologically prepared for marriage, emphasizing that it is a form of worship. Therefore, building a mature and responsible household is expected in Islamic teachings.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00062024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2024-0008<abstract> <title style='display:none'>Abstract</title> <p>The enthusiasm of the younger generation for presidential and vice-presidential elections has a significant impact on the political dynamics of a country. This study aims to explore the factors that influence the level of enthusiasm of the younger generation in the process of electing the head of state. The research method used is descriptive analysis using primary and secondary data. The findings show that factors such as political education, social media, participation in political activities, and the aspirations of the younger generation play an important role in shaping their level of enthusiasm for the presidential and vice-presidential elections. The results of this analysis provide valuable insights for policymakers, political stakeholders and educational institutions to design more effective strategies to strengthen young people’s engagement in the democratic process, as well as to sustain their political participation in the future.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2024-00082024-05-20T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0012<abstract> <title style='display:none'>Abstract</title> <p>Indonesia, which is a democratic country, is not necessarily free from the practice of ownership of a handful of groups that influence the course of the National constitution. Oligarchy begins with the fact that extreme material inequality produces extreme political inequality. Although in a democracy, position and access to the political process are interpreted as equal, the enormous wealth in the hands of a small minority creates a significant excess of power in the political sphere for that group. The practice of oligarchic politics in Indonesia has been prominent and widespread since the New Order era. Oligarchy has undermined the philosophical meaning of democracy, which is political power or government run by the people, and for the people. Freedom in the political field certainly does not mean legalizing all means but remains in the corridor as contained in Pancasila as the basic ideology of the Indonesian nation. The good and bad of the law must be measured by the good and bad consequences produced by the application of the law, meaning that legal provisions can be considered good and provide benefits if the consequences resulting from their application are good, maximum happiness, and reduced suffering.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00122023-11-02T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0011<abstract> <title style='display:none'>Abstract</title> <p>Over the years, studies have focused on the implications of institutional quality as a key factor of FDI inflows into Africa and how it influences the economic processes of various African countries. However, in the studies on Africa, investors’ motivations as determinants of foreign direct investment inflows into African regions are grossly understudied and yet determined. As a result, there is a need to investigate the impact of FDI inflows on African countries, as well as the implications of home and host country investment phenomena. The study employs ex-post-facto research using panel data obtained from different World Bank publications; world development indicators, and the Transparency Index database from 1997 to 2022. The System Generalized Method of Moments (SGMM) was used to examine the data. The results reveal that governance and investor motivations have a negative impact on each other; the effect of the interacted variables is less than the total of the impacts of governance and investor motivations separately. Therefore, FDI in the selecte3d African countries will decline by 7.5 points for every unit increase in the level of poor governance and investor motivations, and this validates the locational assumption of John Dunning Eclectic Paradigm with the proposition that FDI inflows is a function of the home and host investment phenomena As a result, we recommend that African governments implement Regulatory reform, market reform, complete streets policies, and contingency-based planning that are FDI inflow induced.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00112023-11-02T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0019<abstract> <title style='display:none'>Abstract</title> <p>Tax evasion operates beyond the boundaries of the jurisdictions, it develops across borders, and the extent of tax fraud as a phenomenon is differentiated according to the aspects and the rigours of legislation, as well as according to the economic environment of each country in part. Regardless of the level of development of the country in which it manifests, the effects of the fiscal fraud are destructive, affecting both the state budget, as well as the financial resources of the offenders’ commercial partners. The fiscal fraud has negative effects over the economic market, and one of the consequences is the social inequality from the perspective of the abuse and the predisposition of certain taxable subjects to fraud. Certainly, the phenomenon remains unraveled, the financial schemes being extremely complex, and the fraud mechanisms are some of the most laborious ones and in a permanent improvement, while the evaders keep finding new means by way of which they illegally attract financial resources. The fight against tax evaders is a difficult one, mainly because of the sometimes “deliberate” legislative “loopholes”, but also because of their ingenuity, which is often “one step” ahead of those who fight against tax evasion.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00192023-11-02T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0010<abstract> <title style='display:none'>Abstract</title> <p>The article describes and evaluates Georgian legislation in comparison to foreign legislation, as well as, based on the practical analysis, highlights the critical elements of the actual composition leading to suicide and suicide attempt. The problem of identifying whether a crime leading to suicide, or a suicide attempt qualifies for prosecution before investigative bodies and national courts is the main concern. Because of this, the article analyzes topics covered by European and National Court judgments on human rights. The intricacies of the suicide investigation are explained based on the author’s personal professional and practical knowledge, likewise, the conditions that need to be proven all through the case investigations. This article provides an overview of the problems with the current legislative architecture, its weaknesses, and basic suggestions for improving them.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00102023-11-02T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0014<abstract> <title style='display:none'>Abstract</title> <p>The objective and scientific interpretation of evidence provided by forensic science is a crucial component of the contemporary judicial system. In Pakistan, forensic science education is not a part of the required curriculum for obtaining a Bachelor of Law (LL.B.) degree. Lawyer’s knowledge of the scope and limits of forensic research is hindered by the absence of a thorough forensic science component within law school. This, in turn, may obstruct the proper use of forensics in court procedures, which can slow down the distribution of justice. Forensic science education offers numerous benefits, including a holistic understanding of law and forensic science, interdisciplinary skills development, enhanced collaboration between lawyers and experts, and the development of specialized lawyers for handling complex cases. Law students may benefit from a deeper grasp of the scientific processes involved in criminal investigation, evidence collecting, preservation, analysis, and presentation by taking forensic science courses. Future lawyers will benefit from this understanding while trying cases, challenging expert testimony, and arguing on behalf of their clients. This article addresses the advantages, problems, and possible tactics for integrating forensic science into the LL.B. curriculum in Pakistan.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00142023-11-02T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0013<abstract> <title style='display:none'>Abstract</title> <p>The paper goes on to discuss the prevalence of issues in pre-trial detention practices in both Sweden and Ukraine, as noted by international and national organizations. Sweden has witnessed a growing trend in pre-trial detention statistics, while Ukraine, despite a decreasing trend in remand, faces a substantial number of cases brought against it at the European Court of Human Rights (ECHR) pertaining to pre-trial detention. The historical context reveals that these two countries have responded differently to criticism and challenges, reflecting variations in their legal systems and corresponding regulations on pre-trial detention. Nonetheless, both nations have pursued reforms with a shared objective: to improve the pre-trial detention system. Given these divergent experiences, statistical data, and overall context, it is evident that a comparative analysis of pre-trial detention policies in Sweden and Ukraine is warranted. Such a comparison can offer valuable insights into the existing problems in both countries and suggest pertinent solutions, taking into consideration their distinctive experiences and circumstances.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00132023-11-02T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0016<abstract> <title style='display:none'>Abstract</title> <p>In 1866, religion played a significant role in unifying the Romanian national spirit. A foreign prince was brought to rule under the Orthodox faith, and this religious aspect was incorporated into Article 82 of the Constitution.</p> <p>The limitation of political rights in Romania was based on ethnic criteria, with Jews and other non-Christians excluded from full participation. The electoral system introduced a high property-based voting qualification, reflecting, to some extent, liberal principles, but effectively limiting actual participation.</p> <p>Thus, the Romanian Constitution of 1866 struck a delicate balance between borrowed liberal ideals and the specific cultural context of Romania. It emphasized the role of religion and property ownership in shaping political rights and identity, while also attempting to align with European constitutional standards. The electoral system of 1866 in Romania fell short of democratic ideals and perpetuated inequalities. It shaped the political landscape and had far-reaching consequences for the country’s governance and representation.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00162023-11-02T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0015<abstract> <title style='display:none'>Abstract</title> <p>There are several reports and cases that demonstrate the clear increase of hate speech in Turkey through media and especially on social media against some national and religious minorities, asylum seekers, refugees, and LGBTQ. This was also reported by the European Commission which pointed out that there is no effective prosecution of incitement to hatred, including by the media. In addition hate speech is not clearly regulated, expressions that can be considered hate speech are interpreted sometimes through provisions that regulate the crime of defamation against a person or the crime of defamation against a part of people. Although tidy legislation which defines and regulates hate speech through media, the internet and, social media is not yet available in the Turkish Penal Code. Major provisions that can be associated with hate speech are available in the Turkish Penal Code in a scattered manner. There are also related regulations in the law governing internet broadcasting and the law governing radio and television broadcasting. Expressions that can be considered hate speech are, in some cases interpreted through provisions that regulate the crime of defamation against the person. The most important problem pertains to the fact that hate speech and hate crimes have not been prescribed under a single title in Turkish Law.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00152023-11-02T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0008<abstract> <title style='display:none'>Abstract</title> <p>The article discusses the types of evidence used in the civil law process. Comparative-legal research includes a list of types of evidence used in the civil law process in different countries of the world, their description, and legal significance based on local law. The Code of Civil Procedure is a legal means of protecting the civil rights and freedom of a person. Proceedings are conducted in compliance with the principles of disposition and competition, which allows disputing parties, under equal conditions, to determine the essence of the dispute on their initiative and to present relevant different types of evidence to determine the truth in the case. In general, asserting one’s position, truth, or justice and obtaining, collecting and presenting relevant evidence for the purpose is related to the legal awareness, good faith and sound logic developed by the party (its representative or third parties). In the process of development of a democratic state, much attention is paid to the pursuit of perfection of individual disciplines of private law, which mainly includes the objective protection of human rights and legal interests. In this process, it is of the utmost importance that the relevant norms of the law allow the interested person to present appropriate evidence to confirm the violation of the right and request the restoration of the violated rights in the justice implementing Agency. The Code of Civil Procedure is a legal means of protecting the civil rights and freedom of a person. Proceedings are conducted in compliance with the principles of disposition and competition, which allows disputing parties, under equal conditions, to determine the essence of the dispute on their initiative and to present relevant different types of evidence to determine the truth in the case.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00082023-11-02T00:00:00.000+00:00https://sciendo.com/article/10.2478/jles-2023-0018<abstract> <title style='display:none'>Abstract</title> <p>The Constitutional Court of Romania (CCR) holds an essential position in guaranteeing the observance of human rights within the country’s constitutional and legal framework. Through its attribution to interpret and verify the compliance of laws with the Constitution, the CCR has built a vast and particularly significant caselaw regarding the individual’s fundamental rights. By studying the Constitutional Court of Romania’s judicial practice in the field of human rights, we can examine how fundamental rights are interpreted and implemented in the national legal system. In this regard, the CCR plays a vital role in ensuring the protection and promotion of these rights by interpreting the Constitution and applicable legislation in accordance with international standards. It is important to highlight that the CCR’s human rights caselaw reflects the constant attempt to ensure a balance between the individual’s and society’s interests, protecting fundamental rights in accordance with the principles of the rule of law and international standards in the field. Through the analysis of concrete cases and constitutional interpretation, the CCR strengthens its essential role in human rights promotion and defense in Romania.</p> </abstract>ARTICLEtruehttps://sciendo.com/article/10.2478/jles-2023-00182023-11-02T00:00:00.000+00:00en-us-1