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1 – 10 of 21Regulated differently in modern constitutions, emergency rule is a case of awkward, and dilemmatic, legal fine-tuning of an ambivalent political move that leads the executive of a…
Abstract
Regulated differently in modern constitutions, emergency rule is a case of awkward, and dilemmatic, legal fine-tuning of an ambivalent political move that leads the executive of a democratic regime to the verge of the constitutional system. For that reason, as an utmost situation, emergency rule becomes a testing field for the resilience of the constitutional order. It affects its own foundations, the basic rights, and thus the constitutional capability to make possible their fulfilment. It also serves to appraise the workings of democratic regimes and, accordingly, the type of legitimacy derived from their institutional performance. Furthermore, it provides a vantage point to watch the reactions of both their representatives and their publics. Focussed on the COVID-19 pandemic, this chapter compares the cases of Germany and Spain through their legal regulations of emergency rule and their governments’ responses. Having rather analogous emergency legislations, from 2020 through 2022, there have been significant differences in their decision-making patterns.
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Prakash Shrestha, Dilip Parajuli and Bibek Raj Adhikari
This paper aims to examine the current quality of work-life (QWL) situation and the effectiveness of labor laws for promoting QWL in the context of Nepalese workplaces.
Abstract
Purpose
This paper aims to examine the current quality of work-life (QWL) situation and the effectiveness of labor laws for promoting QWL in the context of Nepalese workplaces.
Design/methodology/approach
It uses a descriptive-interpretative-qualitative approach to analyze the responses. Information is gathered through discussions with 85 higher- and middle-level managers of large and medium-sized organizations.
Findings
The majority of Nepalese organizations accept safe and healthy working conditions, social relevance of work-life, social integration in the work organization, and work and total life space as the key aspects of QWL. They have become even more critical as a result of the COVID-19 pandemic. However, they face challenges in providing employees with opportunities for continued growth and security, immediate opportunity to use and develop human capacities, adequate and fair compensation and constitutionalism in the work organization. QWL-related provisions in Labour Act, 2017, play a vital role in promoting the QWL situation. The QWL programs offer many benefits to employees’ private and working lives. The lack of such programs would undoubtedly have negative consequences for Nepalese companies. Compliance with labor laws will promote a better QWL situation at Nepalese workplaces.
Research limitations/implications
Only managerial perspectives are considered for examining the current situation of QWL and the effectiveness of QWL-related provisions of the Labour Act, 2017. It excludes the views of union leaders.
Practical implications
This paper indicates that labor laws’ QWL-related provisions are effective. It also provides several policy measures for promoting a better QWL in Nepalese workplaces.
Originality/value
This study presents QWL-related legal provisions and the actual situation at the workplaces of Nepal. It also presents the key aspects of QWL in the context of Nepal.
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Muhammad Syauqi Bin-Armia, Muhammad Siddiq Armia and Muhammad Fazlurrahman Syarif
This study aims to evaluate the impact of Law No. 11 of 2018 on Islamic Financial Institutions in Aceh, Indonesia. It also aims to understand the balance between the economic…
Abstract
Purpose
This study aims to evaluate the impact of Law No. 11 of 2018 on Islamic Financial Institutions in Aceh, Indonesia. It also aims to understand the balance between the economic rights of individuals under Shariah law and the broader concept of God’s rights, as interpreted by this legislation. In addition, the research argues that the implementation of Law No. 11 of 2018 is untimely, with a focus on examining its influence on the cumulative abnormal return (CAR) of Shariah banks and its slight contribution to the direct economic impact.
Design/methodology/approach
This study adopts a mixed-methods approach that integrates qualitative and quantitative analyses. The qualitative aspect uses a black-letter law approach for legislative scrutiny, whereas the quantitative aspect assesses economic indicators and firm performance using an event study analysis. The study also includes a two-tailed assessment to test hypotheses related to the law’s direct impact on institutional performance.
Findings
The study reveals that Law No. 11 of 2018 had minimal impact on national-scale corporate performance and a notable increase in poverty indices in Aceh, indicating a potential misalignment between the law’s intention and its economic consequences. The results also show the law’s ineffectiveness in significantly influencing the CAR of Islamic banks, highlighting a clash of norms and a lack of substantial economic substance in the implementation of Shariah compliance.
Research limitations/implications
This research is geographically and legally focused on Aceh, Indonesia, with a short-term analysis that may not fully capture the long-term impacts. It primarily considers the stock price performance of specific institutions for quantitative analysis and identifies potential clashes and disharmony-in-law implementation from a qualitative perspective.
Practical implications
The findings suggest the need for legal frameworks that better comply Shariah principles with economic realities. Regional governments should consider modifying policies to balance religious values and economic objectives.
Social implications
This research highlights the importance of balancing religious obligations with economic rights, indicating that strict interpretations of religious law can lead to adverse socioeconomic effects.
Originality/value
This study is unique in its comprehensive analysis of the convergence between religious law and economic rights, offering insights into the challenges faced in implementing Shariah-based economic policies in diverse economies, such as Indonesia.
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The purpose of this chapter is to present a brief overview about the measures adopted in Portugal in the context of the Coronavirus pandemic. This public health crisis gave room…
Abstract
The purpose of this chapter is to present a brief overview about the measures adopted in Portugal in the context of the Coronavirus pandemic. This public health crisis gave room in two separate occasions for the declaration of a state of emergency. What is interesting, though, is that it can be argued that a real state of exception occurred not when the state of emergency was in force, but precisely when it was not. This has only been possible because the Government decided to adopt measures that would restrict fundamental rights, because the Parliament did not intervene in such a proceeding, and because the Administrative Supreme Court was arguably too lenient towards the Government. For a while at least, it seems to have occurred a ‘provisional abolition of the distinction among legislative, executive and judicial powers’ (Agamben, 2005). This has been confirmed by subsequent decisions from the Constitutional Court.
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In contrast to Ahmet Kuru's argument that a critical juncture occurred in the 11th century when a repressive anti-intellectual state-ulema alliance appeared, which destroyed the…
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In contrast to Ahmet Kuru's argument that a critical juncture occurred in the 11th century when a repressive anti-intellectual state-ulema alliance appeared, which destroyed the creative spirit of the previous centuries in Islam, this review argues that the critical juncture must be sought in the modern era with the development of citizenship in the Middle East.
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Hanna-Mari Kivistö, Gonçalo Marcelo and José María Rosales
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While most West European nations were formed around pre-existing entities that could be called “countries” before the modern age, this was not the case in the Middle East. Some…
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While most West European nations were formed around pre-existing entities that could be called “countries” before the modern age, this was not the case in the Middle East. Some entities, like Egypt, did have a clear political and cultural identity before colonialism, others, like Algeria, did not. This chapter discusses the four states of the Maghreb: Morocco, Algeria, Tunisia and Libya, through the perspective of “country creation” going into and coming out of colonial rule. We can see here two “models” of fairly similar types of historical development, one showing a gradual process through a protectorate period to relatively stable modern nations, another through violent conquest and direct colonization ending in violent liberation and military and wealthy but fragile states. The article asks whether these models for the history of country creation and the presence or absence of pre-colonial identities can help explain the modern history and nature of these states in the Arab Spring and the years thereafter. Then, a more tentative attempt is made to apply these models to two countries of the Arab east, Syria and Iraq. While local variations ensure that no model can be transferred directly, it can show the importance of studying the historical factors that go into the transition from geographical region to a country with people that can form the basis of a nation.
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Since the publication of Bauman's seminal book Tourists and Vagabonds: Heroes and Victims of Postmodernity, sociologists and particularly social scientists have further…
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Since the publication of Bauman's seminal book Tourists and Vagabonds: Heroes and Victims of Postmodernity, sociologists and particularly social scientists have further interrogated the influence of globalization, and mobility culture in tourism consumption. Bauman offers a fertile ground to discuss the production of material asymmetries among classes. The present book continues this discussion with a special focus on Buenos Aires City, Argentina. Chapters integrating this book give a snapshot revolving around the convergence of social marginality, and the tourist experience. In this introductory section, I introduce readers to the complexity of the colonial period as well as the role played by slavery as a cheap manpower. Here I posed not only the main questions that guided the present book but also the intersection between slavery and poverty in global capitalism. At the same time, I place the question of homeless tours into the critical lens of scrutiny.
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