International Journal of Law and Legal Studies

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (3), pp. 001-008, March, 2020. © International Scholars Journals

Full Length Research Paper

Fair trial vis-à-vis criminal justice administration: A critical study of Indian criminal justice system

Neeraj Tiwari

Indian Law Institute, New Delhi, India. E-mail: [email protected].

Accepted 24 September, 2019

Abstract

Every civilised nation must have one thing common in their criminal justice administration system that is minimum fair trial rights to every accused person irrespective of his or her status. It is settled in common law and also adopted by other countries too that criminal prosecution starts with ‘presumption of innocence’ and the guilt must be proved beyond reasonable doubt. This paper proposes to trace different dimensions of fair trial standards under Indian criminal justice system and will also focus on the role of defence counsel in the process of achieving ends of justice, as he is the only person on whom the lonesome accused can repose his trust.

Key words: Fair trial, Indian criminal justice system and defence counsel.

Key words: Redressal, agencies, securities, investors.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (3), pp. 001-007, March, 2020. © International Scholars Journals

Full Length Research Paper

Withholding treatment from disabled newborns and its effect on the right to life in Nigeria

Jadesola O. Lokulo-Sodipe

Faculty of Law, University of Ibadan, Ibadan, Nigeria. E-mail: [email protected]. Tel: 08082497110.

Accepted 12 December, 2019

Abstract

The ultimate aim of medical treatment is to provide benefit for the patient and such treatment should not be prolonged if it cannot achieve this aim. Remarkable advances in neonatal care now make it possible to sustain the lives of many newborn infants who several years ago would have died in the first days or weeks after birth. Not all newborns fare well. Some infants with low birth weight or severe defects cannot survive for long, despite the most aggressive efforts to save them; others suffer severe impairments either as a component of their conditions or as a result of treatments. Consequently, medicine’s increased ability to forestall death in seriously ill- newborns and this has magnified the already difficult task of physicians and parents who must attempt to assess which infants may or may not benefit from various medical interventions. This paper will examine the legal implications of withholding treatment in such instances. This will include the right of the child (with particular reference to the right to life) and whether this right is absolute. The paper will also discuss the grounds for state intervention in protecting the rights of a child. In doing this, the Baby Doe incidence which occurred in the United States of America will be used as a case study. An outcome of the Baby Doe case in the USA is the Baby Doe Law, and as such, this paper will also discuss the provisions of this law. It will also look at the provisions of the Nigerian Law in respect of withholding treatment for disabled newborns to determine whether or not the law on this issue is adequate.

Key words: Withholding treatment, withdrawing treatment, disabled/seriously ill newborn, right to life.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (3), pp. 001-013, March, 2020. © International Scholars Journals

Full Length Research Paper

Malay customary tenure and conflict on implementation of colonial land law in Peninsular Malaysia

Pakhriazad Hassan Zaki¹*, Mohd Zaki Hamzah¹, Mohd Hasmadi Ismail¹, Khairil Wahidin Awang² and Hazandy Abd. Hamid¹

¹Faculty of Forestry, Universiti Putra Malaysia, 43400 Serdang, Selangor, Malaysia.

²Faculty of Economics and Management, Universiti Putra Malaysia, 43400 Serdang, Selangor, Malaysia.

Accepted 18 November, 2019

Abstract

Since the independence in 1957, land tenure system in the Peninsular Malaysia (PM) has changed. The land law and regulations have been frequently amended so that the provisions and rationale of the laws can be properly understood and continuously evaluated to suit the current requirements. This paper review the Malay customary land tenure and the development of colonial land system, which has be examined through its historical evident with the aid of law cases. Even though the modern system of land tenure and land law has been widely observed and has governed land dealings in the country, customary land tenure system are still much influenced and practiced especially among the rural Malay society. The Malay customary law consists of customs and traditions of the Malay, which in the course of time acquired the character of laws and can be only, enforced by the chief or elders. It must be ancient, certain and reasonable and being in derogation of the general rules of law, and construed strictly. The paper identified the mixtures and interaction of both systems, which has been developed by the colonials to displace the existing indigenous Malay customary land tenure. The development of modern land tenure system was explained in the context of the different separate entities other than historical study on the previous land law before the commencement of the current act. Therefore, by combining the ancient Malay customary tenure, the period of colonial and the post independence land tenure system, this paper highlight a concise and comprehensive form of land tenure system that is being applied in the Peninsular Malaysia.

Key words: Customary law, land tenure, colonial government, sultan, Malay reservation.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (3), pp. 001-013, March, 2020.  © International Scholars Journals

Full Length Research Paper

Academic freedom and higher education regulations: Spanish universities before the European systems

Galindo Lucas Alfonso

Universidad de Cádiz (UCA). Facultad de Empresariales. Avda. Duque de Nájera 8, bureau 108. 11002 Cádiz (Spain). Tf. 956 015 390, Fax: 956 015 386. E-mail: alfonso(dot)galindo(at)uca(dot)es..

Accepted 18 November, 2019

Abstract

The new university model leads against the right to education and teaching freedom. It is not a matter of theoretical working model, based upon technical argumentations, but an ideological model, leading for upper social classes' interests (great investors' ones) . University business not being profitable to those interests must be destroyed. In order to do that, we successfully got divided and tend to believe that teaching method is the problem. But, this is just a decoy; the real problem is all public service destruction, when it is aimed to favor popular classes. In an unperceived way, we contribute to this destruction, by blaming ones the others to be “converging” or “withdrawn”, depending on the case. Academic freedom poses an important problem in the current higher education system, which has a European scope. As it has been granted as a fundamental human right in all countries belonging to the so-called “common area”, academic freedom exercise opposes to specific features in the regulation reform, which seem to be aimed to favor certain private business interests. The pretended advanced and innovative teaching methodologies and the institutional actions and proceedings aimed to limit this right and guarantee face the constitutional order in these countries and harm the very right to education.

Key words: European higher education area, ECTS-credits, convergence, excellence, competence, quality, educational system, university, academic freedom, capitalist interests.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (2), pp. 001-009, February, 2020. © International Scholars Journals

Full Length Research Paper

Understanding benefits of alternative dispute resolution (ADR) in the work place mediation

Dennis Otieno Oricho

Center for Justice and Peacebuilding, Eastern Mennonite University, 1200 Park Road, Harrisonburg, VA 22802, United States of America. E-mail: [email protected]/dennis, [email protected]. Tel: +1 541.908.2970.

Accepted 19 December, 2019

Abstract 

The purpose of this article is to explore the benefits of Alternative Dispute Resolution in the work place mediation. ADR is a process and procedure that provides alternatives to adjudicated settlement and institutional framework of conflict. It is revolutionizing the whole court system in many countries, although most people are not committed to it. A trusted judicial structure is of importance to the legitimacy of ensuring justice. However, as the dissatisfaction continues to grow in administration of justice in the court systems, we need a model that provides a new arena where parties can manage their own disputes.

Key words: Third party, mediation, negotiation, arbitration, litigation, alternative dispute resolution, disputes, dispute settlements, conflict management, corporate culture.