Presented article contributes to the extensive discussion over the mutual relationship between serious human rights violations (violation of ius cogens) and the law of state immunity. Th e structure of article derives from the argumentation presented by Germany and Italy in current dispute before the International Court of Justice. Author focuses his attention on delimitation of existing international legal framework and particularly on assessment of friction areas in German and Italian submissions. Three separate issues are analyzed: temporal, territorial and material.
BARTKÓ, Róbert: Changing on the Principle of Legality in the Hungarian legal Fight against the Irregular Migration. International Journal of Current Advanced Research Vol. 6. issue 8. 2017. pp. 5352-5354.
BARTKÓ, Róbert: The principle of fair trial with special reference to the temporal scope of the Hunarian Act on Criminal Procedure. In. Daniela Cickanová, Ivana Hapcová, Vladislav Micatek (edit.): BRATISLAVA LEGAL FORUM 2015. Collection of Papers from the International Academic Conference Bratislava Legal Forum 2015
express mention of those two by name, yet I believe they are seldom found among the crimes presented: For what reason I cannot conceive, unless it be, that the laws of the state have appointed temporal penalties for them. But as there is nothing in those laws that has taken away the authority of the Church, so is there no cause why the exercise of that authority in these particulars should be discontinued; at least, till we see the temporal laws executed with greater zeal and better effect. Edmund Gibson, Directions Given to the Clergy of the Diocese of London, in the
, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime, or criminal: this being the place where that absolute despotic power, which must in all governments reside somewhere, is entrusted by the constitution of these kingdoms. W ILLIAM B LACKSTONE , B LACKSTONE ’ S C OMMENTARIES . (Philadelphia: William Young Burch, 1803), Book I, 160. This edition includes extensive commentary by St. George Tucker with notes of reference to the Federal and Virginia State
There is also a temporal dimension in tax. Bracket creep, when increases in wage move workers into higher marginal tax rates, is an important part of any slow, ongoing increased taxation on workers and possibly, depending on the level of wage increases, decreasing or helping to decrease after tax living standards, too. The introduction of the GST in Australia from 1 July, 2000, is a case in point. It was accompanied by income tax cuts whose value was eroded over time through bracket creep. One estimate is that by 2005/2006, bracket creep had clawed back $3.8 billion
Barrett Tillman, Member of the House of Representatives and Vice President of the US: Can Paul Ryan Hold Both Positions at the Same Time? , J URIST –F ORUM , Aug. 23, 2012, http://jurist.org/forum/2012/08/seth-barrett-tillman-vice-presidency.php (same); see also Tillman, supra note 5 (discussing the scope of the Constitution’s office -language in the Disqualification Clause); cf., e.g ., Seth Barrett Tillman, Letter to the Editor, Oath of Officers , C LAREMONT R EVIEW OF B OOKS , Summer 2015, at 11 (opining on the temporal scope of the Article VI oath
reasonable definition of “political,” but I mean it to refer to the structures, concepts, and authorities ultimately responsible for the socially-legitimated governance of temporal human societies. The ends of political positive law, i.e. law promulgated by legal authorities designated as such by a polity, necessarily involve the regulation of subjects’ actions through the means of coercive rules and commands meant to affect subjects’ practical decision-making. The regulatory end remains necessary even if understood to be a means to a further end, such as justice or
the outcome not occurring. The equation represents the odds of the outcome.
At the outset of this study, it was considered that a three-level model might be appropriate considering district courts are nested within the higher level circuit courts of appeal and/or within years, with the latter perhaps accounting for changes in sentencing patterns over time and using annual time periods as the temporal division.
A few statistical notes should be briefly mentioned before addressing the models. The software utilized for the study presented herein, including the