423 resultados para 390399 Justice and Legal Studies not elsewhere classified


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Criticism of religiously motivated contributions to public policy debate is largely misconceived. It assumes that the mischief which constitutional separation of church and state is supposed to cure is a domination of the state by the church. This presents only one side of the story. Subservience by the church to the slate should also be avoided. The law of a liberal state is legitimate to the extent that it does not conflict with the basic moral values of its citizens. Therefore, an ongoing conversation about basic values is necessary. Allowing churches and individual believers the freedom to make distinctive 'religious' contributions to this conversation is consistent with the separation of church and state. It is an aspect of the liberal democratic state's obligation to listen to all perspectives on difficult moral issues. A close relationship between church and state, on the other hand, has the capacity to impede the conversation.

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Limitation to jurisdiction of International Criminal Court (ICC) - proposal to strengthen the universal criminalisation of transnational organised crimes by enabling them to be prosecuted through an international authority - debate on whether existing offences under the ICC Statute encompass certain transnational organised crimes - whether the Statute should be expanded to include crimes that have been recognised in international treaties.

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Standard of unconscionability in private and commercial cases - argument for caution in the standard's use - instability as a juridical notion - concern about the coherence of the doctrine - statutory provisions in Australia compound current problems - questionable status of unconscionability as a legally useful term.

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Offensive behaviour and offensive language - new Queensland public nuisance offence - interpretation and enforcement by police and magistrates - impact of changes to legislation on the number and nature of prosecutions for legally unacceptable behaviour and language coming before the courts - results of empirical study indicate that public nuisance offence is not meeting its objectives - not being targeted only at behaviour which threatens the safety or security of people using public space as was its intention.

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