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Article
Publication date: 30 April 2024

Sophie Martin

This paper aims to demonstrate to lawmakers that the addition of art dealers to the designated non-financial businesses and professions (DNFBPs) definition would provide Australia…

Abstract

Purpose

This paper aims to demonstrate to lawmakers that the addition of art dealers to the designated non-financial businesses and professions (DNFBPs) definition would provide Australia with more comprehensive protection against money laundering within the art market.

Design/methodology/approach

The paper opted for an exploratory study using doctrinal and jurisdictional comparative analysis that focused on arguments for and against the inclusion of art dealers in respective DNFBPs definitions. Evaluation of these arguments concludes that art dealers should be included in Australia’s DNFBPs definition and subject to anti-money laundering (AML) regulation.

Findings

The current omission of art dealers from Australia’s DNFBPs definition perpetuates AML vulnerabilities within the Australian art market.

Originality/value

This paper fulfils an identified need to study high-value dealers not included in Australia’s DNFBPs definition and provide arguments for and against the inclusion of Australian art dealers in the listed DNFBP.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Open Access
Article
Publication date: 20 May 2020

Haider Muthnna Almoatasm

This paper aims to scrutinize some determinants that affect the functions and roles of contemporary parliaments. In particular, such parliaments attempt to involve in new areas…

1683

Abstract

Purpose

This paper aims to scrutinize some determinants that affect the functions and roles of contemporary parliaments. In particular, such parliaments attempt to involve in new areas that were not represented in parliamentary study and to play new roles in the areas of development, diplomacy, the establishment of post-conflict peace rules and achieving the objectives of the sustainable development. The study found that the most important determinants affecting the new roles of contemporary parliaments are the constitutional and legal frameworks.

Design/methodology/approach

This paper adopts three basic methodologies so as to reach some applicable scientific findings that can be generalized. The researcher has used the descriptive methodology, to shed light on the parliament’s various activities and new roles and to take note of the many surrounding factors and available dimensions that enable parliaments to perform such roles. The researcher has also used the comparative methodology, to study parliaments with a view to identifying their roles in a way that includes their similarities and dissimilarities and the possibility of generalizing the outputs.

Findings

The paper has reached many findings, the most important of which are: first, the need to present appropriate amendments to the constitutions to give space to parliaments to play more effective and influential roles. Second, the internal regulations of parliaments must be in line with the attitudes and aspirations of the parliament and its members, giving appropriate cover for playing new roles in various areas.

Research limitations/implications

This study has found that contemporary parliaments can play new roles in various fields, whether internal or external and in different sectors as well, as a result of the great developments and complexities introduced around the world. Such developments and complexities have cast a shadow on governments and affected their abilities in dealing with the issues immediately because of the enormous challenges in addition to the ongoing developments occurring to the legislative systems in the world, at the technical level of the departments and secretariats of contemporary parliaments or for members of Parliament and the institution as a whole.

Practical implications

The new roles of contemporary parliaments have been affected by the determinants of the research, which are the constitutional framework, the legislative framework, the relationship between Parliament and civil society and the relationship between Parliament and the government. These factors cast a shadow over the expansion or contraction of the attempts of modern parliaments to play new roles.

Social implications

This study has found that contemporary parliaments can play social roles in various fields of a social nature, which is find solutions to the problems experienced by societies emerging from civil wars, which need national reconciliation, for example, the reconciliation of the ethnic tribes carried out by the Iraqi council of representatives between the local tribes to resolve the internal problems, in addition the role of Borondian council by it is trying end the conflict between the tribes of Hotsi and Tutsi.

Originality/value

The importance of the study stems from the fact that it focuses on the most important determinants of the new roles of contemporary parliaments that may be conducted outside the traditional framework of the parliament's study of legislation and supervision. Such contemporary parliaments have played new roles that take the form of political, economic, social, humanitarian, diplomatic and environmental works and other works concerned with the climate and their attempts to end internal and external conflicts and disputes.

Details

Review of Economics and Political Science, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2356-9980

Keywords

Open Access
Article
Publication date: 28 March 2024

Juan A. Nel and Zindi Venter

This paper aims to provide an overview of South African perspectives on preventing, monitoring and combating hate victimisation, towards informing international understandings.

Abstract

Purpose

This paper aims to provide an overview of South African perspectives on preventing, monitoring and combating hate victimisation, towards informing international understandings.

Design/methodology/approach

Using a general review approach, this paper provides a historical examination of measures proposed by the South African Government and civil society since 1994, to prevent, monitor and combat hate crime, hate speech and intentional unfair discrimination.

Findings

Regardless of a constitutional commitment to social inclusion, diversity and minority rights, significant progress remains lacking after almost three decades of related advocacy, lobbying and limited government intervention. Findings of the South African Hate Crimes Working Group (HCWG) longitudinal Monitoring Project emphasise the need for decisive legal responses to hate victimisation.

Social implications

A Bill, recognising hate crime and hate speech as distinct criminal offences, has been in development for almost 15 years and will soon serve before Parliament. Enactment of this legislation will be ground-breaking in Africa.

Originality/value

This paper contributes to the field of hate studies by providing an overview of the journey towards current conceptual understandings of hate in (South) Africa. It sets the stage for evaluating the potential of the redesigned HCWG monitoring tool, which holds promise for early identification and intervention in hate hotspots and targeted sectors. This instrument can establish trends not only in South Africa but also across the African continent.

Open Access
Article
Publication date: 20 April 2020

Eman Shady Sayed

The purpose of this study is to investigate the position of religion for the three constitutions of Egypt.

2430

Abstract

Purpose

The purpose of this study is to investigate the position of religion for the three constitutions of Egypt.

Design/methodology/approach

In this study, by tracing religious identity-related studies and seeing whether their existence is attributed to the ruling elites’ attitudes, it examines how factors such as new elites and new in ideology affect change of articles of religion.

Findings

The results demonstrate that the most significant factor was the existence of a new elite having a different ideology, which was obvious in the three constitutions: 1971, 2012 and 2014.

Research implications

The manner in which studies of religion are written is the basis for legislation and the source of public policies that affect the discourse of political systems or results in economic and social rights that affect public policies. Therefore, if people are engaged in the process of drafting identity articles, they would participate in the reformation of their traditions and systems and there would be more integration in the society.

Originality/value

Few studies have attempted to work on the sociology of constitutions and religion in the Egyptian context.

Details

Review of Economics and Political Science, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2356-9980

Keywords

Article
Publication date: 4 April 2024

Karunanithi Kanagaraj and Ramalinggam Rajamanickam

The purpose of this paper is to explore and evaluate the current legal position on the admissibility and exclusion of illegally obtained evidence in money laundering cases.

Abstract

Purpose

The purpose of this paper is to explore and evaluate the current legal position on the admissibility and exclusion of illegally obtained evidence in money laundering cases.

Design/methodology/approach

A thorough exploratory analytical analysis signifies that such illegally obtained evidence from money laundering offences is admissible, provided it does not undermine the administration of justice or the right to a fair trial.

Findings

By virtue of the lack of written or codified rules governing the admissibility and exclusion of illegally obtained evidence in cases involving money laundering, the rule of admissibility remains the primary foundational principle for the governance of the admissibility and exclusion of illegally obtained evidence in money laundering cases.

Originality/value

The Malaysian Criminal Justice System has historically relied on the long-standing admissibility principles to admit and exclude illegally obtained evidence. For decades, courts have used their discretion to admit illegally obtained evidence based on the relevancy test, and they have further demonstrated to use the same discretion to exclude gravely prejudicial evidence. Evidence obtained illegally but if relevant to the matter in issue is deemed admissible. Evidence derived from an act associated with unlawful activities or a predicate offence in money laundering may be obtained illegally, which may influence the prosecution case and conversely, defend the accused’s rights to a fair trial.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 20 March 2024

Duane Windsor

This study aims to help develop “business principles for stakeholder capitalism” in two steps. First, the study defines internal logic of three theories of capitalism and two…

Abstract

Purpose

This study aims to help develop “business principles for stakeholder capitalism” in two steps. First, the study defines internal logic of three theories of capitalism and two variants within each theory. Second, it examines approaches to integration into modern democratic capitalism. Treating the three theories as substitutes identifies relative strengths and weaknesses; complementarity and partial overlap approaches to integration study the institutional settings within which stakeholder capitalism operates. Empirical outcomes reflect competition between market and stakeholder businesses for participants, with institutional conditions determining the scope of collective action.

Design/methodology/approach

The approach aligns three typologies in a unique conceptual arrangement defining the three theories of capitalism: forms of capitalism, potential failures of each form and associated types of goods. The first method examines the internal logic of each theory of capitalism. The second draws on traditional narrative review of references documenting each theory of capitalism and variants together with modern Marxist anti-capitalism.

Findings

Three typologies align uniquely with the theories of capitalism, each having two variants. Both variants of stakeholder capitalism are compatible with compassionate capitalism, constitutional government or polycentric governance but not with self-interest capitalism, dictatorship or Marxism. A theory of modern democratic capitalism allocates roles for private, club and social goods with empirically variable mixes occurring across countries. Competition among different types of enterprises provides an empirical test for comparative advantages of stakeholder capitalism. Future research should consider approaches for testing the proposed conceptual scheme in practice concerning capacity to deal with grand challenges, wicked problems and black swan events.

Research limitations/implications

Research approach is limited to logical examination of theories and literature documentation without direct empirical confirmation. The study does not address practical implications for managers and public officials or social implications concerning private incentives, stakeholder cooperation or collective action.

Originality/value

Originality lies in shifting terms of debate about stakeholder capitalism from advocacy of substitute theories to understanding of its relationship to market capitalism and collective action capitalism. Value lies in explaining desirability of theoretical integration of three types of capitalism into a comprehensive framework for modern democratic capitalism.

Article
Publication date: 7 April 2023

Ioanna Pervou and Panagiotis Mpogiatzidis

The purpose of this paper is to demonstrate the close relationship between the disciplines of law and health-care studies. This interrelation has become particularly evident…

Abstract

Purpose

The purpose of this paper is to demonstrate the close relationship between the disciplines of law and health-care studies. This interrelation has become particularly evident during the spread of the COVID-19 pandemic, when restrictive human rights provisions have been initiated by many states for the sake of public health. Research focuses on the notional proximity of the principle of proportionality and its health-care correlative: effectiveness. It also goes through the influence of acceptance rates for the application of restrictive measures.

Design/methodology/approach

Research focuses on interdisciplinary literature review, taking into consideration judicial decisions and data on acceptance rates of restrictive human rights measures in particular. Analysis goes in depth when two categories of restrictive human rights measures against the spread of the pandemic are examined in depth: restrictive measures to achieve social distancing and mandatory vaccination of professional groups.

Findings

Restrictive human rights measures for reasons of public health are strongly affected by the need for effective health-care systems. This argument is verified by judicial decision-making which relies to the necessity of health-care effectiveness to a great extent. The COVID-19 pandemic offers a laminate example of the two disciplines’ interrelation and how they infiltrate each other.

Research limitations/implications

Further implications for research point at the need to institutionalize a cooperative scheme between legal and health-care decision-making, given that this interrelation is strong.

Originality/value

The originality of this paper lies on the interdisciplinary approach between law and health-care studies. It explains how state policies during the pandemic were shaped based on the concepts of effectiveness and proportionality.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Open Access
Article
Publication date: 20 May 2020

Mohamed Metawe

This paper aims to contend that populism is damaging to both domestic and international politics; not only does it erode liberal democracy in established democracies but also…

4174

Abstract

Purpose

This paper aims to contend that populism is damaging to both domestic and international politics; not only does it erode liberal democracy in established democracies but also fuels authoritarianism in despotic regimes and aggravates conflicts and crises in international system.

Design/methodology/approach

The research is divided into two main sections. First, it examines how populist mobilization affects liberal democracy, and refutes the claims that populism is beneficial and reinforcing to democracy. Second, it attempts to demonstrate how populism is damaging to domestic politics (by undermining liberal democracy and supporting authoritarianism) as well as international relations (by making interstate conflicts more likely to materialize). Theoretically, populism is assumed to be a strategy used by politicians to maximize their interest. Hence, populism is a strategy used by politicians to mobilize constituents using the main features of populist discourse.

Findings

The research argues that populism has detrimental consequences on both domestic and international politics; it undermines liberal democracy in democratic countries, upsurges authoritarianism in autocratic regimes and heightens the level of conflict and crises in international politics. Populism can lead to authoritarianism. There is one major undemocratic trait shared by all populist waves around the world, particularly democracies; that is anti-pluralism/anti-institutions. Populist leaders perceive foreign policy as the continuation of domestic politics, because they consider themselves as the only true representatives of the people. Therefore, populist actors abandon any political opposition as necessarily illegitimate, with repercussions on foreign policy.

Originality/value

Some scholars argue that populism reinforces democracy by underpinning its ability to include marginalized sectors of the society and to decrease voter apathy, the research refuted these arguments. Populism is destructive to world democracy; populists are reluctant to embrace the idea of full integration with other nations. Populists reject the idea of open borders, and reckon it an apparent threat to their national security. The research concludes that populists consider maximizing their national interests on the international level by following confrontational policies instead of cooperative ones.

Details

Review of Economics and Political Science, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2356-9980

Keywords

Open Access
Article
Publication date: 14 June 2023

Héctor Simón-Moreno

With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of…

Abstract

Purpose

With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective.

Design/methodology/approach

The present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners.

Findings

The current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity.

Social implications

Community of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context.

Originality/value

This paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 27 November 2023

Shamim Mohammad, Shivaraj Huchhanavar, Hifzur Rahman and Tariq Sultan Pasha

The extant literature underlines the inadequacies of legal and policy frameworks addressing the safety and health concerns of sandstone mineworkers in India. Notably, Rajasthan, a…

Abstract

Purpose

The extant literature underlines the inadequacies of legal and policy frameworks addressing the safety and health concerns of sandstone mineworkers in India. Notably, Rajasthan, a state renowned for its extractive industries, mirrors these concerns. Against this backdrop, this paper aims to critically evaluate the relevant legal and policy landscape, with an emphasis on the recent central statute: the Occupational Safety, Health and Working Conditions Code of 2020 (OSHWCC). Given that the Code subsumes the key legislation pertaining to the safety and health of mineworkers, an in-depth critical analysis is essential to forge suitable policy interventions to address continued gross violations of human rights.

Design/methodology/approach

The critical analysis of legal and policy frameworks on silicosis in sandstone mineworkers is based on a comprehensive reading of existing literature. The literature includes relevant laws, case law, reports of the Rajasthan State Human Rights Commission and National Human Rights Commission, publicly available data and key scholarly contributions in the field.

Findings

Although the OSHWCC has made some changes to the existing regulatory architecture of mines in India, it has failed to safeguard the safety and health of mineworkers. Notably, the vast majority of mines in India – constituting approximately 90%, which are informal, seasonal and small-scale – remain beyond the jurisdiction of this Code. In Rajasthan, there are specific policies on silicosis, but these policies are poorly implemented. There is a serious shortage of doctors to diagnose silicosis cases, leading to under-diagnosis. The compensation for silicosis victims is insufficient; the distribution mechanism is complex and often delayed.

Research limitations/implications

The central and many state governments have not established the regulatory institutions envisaged under the OSHWCC 2020; therefore, the working of the regulatory institutions could not be critically examined.

Originality/value

The paper critically evaluates laws and policies pertaining to silicosis in sandstone mineworkers, with a special emphasis on the state of Rajasthan. It offers a comprehensive critique of the OSHWCC of 2020, which has not received much attention from previous studies.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

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