International Journal of Public Law and Policy (34 papers in press)

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  Consultation and central public administration in Hungary ( Free Full-text Access )

  by Ádám Rixer 
  Abstract: As a tool for objective and evidence-based lawmaking, and ultimately that of high-quality legislation, government consultation empowers individuals and communities to have a say in decisions that affect them, thereby increasing the acceptance of said legislation and promoting its proper implementation. In the first part of this paper, we catalogue the internationally relevant keywords that are decisive in academic assessments. Then we use that as a basis for examining and analysing the consultative institutions of Hungarian public administration. This is followed by a general description and assessment of the Hungarian situation and, as an academic novelty, a grouping of institutions of a consultative nature related to central public administration in Hungary, with special emphasis on the so-called external consultative bodies and mechanisms. Finally, proposals will be outlined along the considerations raised in the paper.
  Keywords: consultation; central public administration; consultative bodies; consultative mechanisms; internal and external consultative institutions; government; Hungary.
  DOI: 10.1504/IJPLAP.2024.10063013
   
  
• Smart growth-based policy suggestions for housing the evolving gig workforce in American cities  
  by Roshni Das 
  Abstract: The gig economy is expanding at an unprecedented rate in the USA. What this means for urban policy is that there are likely going to be repercussions for effective land use in American cities. Specifically, urban areas are going to experience a crunch in affordable housing to accommodate the gig workers. This essay is a theoretical exercise in suggesting solutions that can address this anticipated housing crisis. To do so, the paper borrows from the smart growth approach, currently being championed by the Environmental Protection Agency, a US federal government agency, to propose three policy alternatives to address the stated problem. These are: mixed-use development in infill or brownfield areas such as downtown, rezoning for mixed-use land use and transit-oriented (greenfield) development. Based on our goals-alternatives matrix and comparative scoring method, we recommend that mixed-use brownfield development is the most optimal solution for city planning in the future.
  Keywords: housing; gig economy; the USA; smart growth; policy.
  DOI: 10.1504/IJPLAP.2023.10054540
   
  
• Oil giant, climate saviour, or somewhere in between? Human rights and the Norwegian climate paradox  
  by Erick Da Luz Scherf, Marcos Vinicius Viana Da Silva 
  Abstract: Norway’s recent decision to expand oil and gas exploration further North into the Barents Sea is contrasted with its active leadership role in global climate policymaking. We argue that this contradiction is a result of the key role petro-capitalism still plays in Norway, in addition to the countrys geopolitical aspirations in the Arctic. However, solely legalistic approaches to human rights and sustainability often miss out on the dynamics of power, capitalism, and industry interests and their influences on climate litigation. Thus, this article presents a critical assessment of climate and environmental litigation at the European Court of Human Rights by also looking at the recent application Greenpeace Nordic and Others against Norway. The goal is to understand both the possibilities and limitations of the human rights-sustainability framework vis-a-vis fossil fuel industries and the overall position of environmental rights claims within global capitalism.
  Keywords: human rights; climate change; Norway; European Court of Human Rights; ECtHR; oil industry.
  DOI: 10.1504/IJPLAP.2023.10054627
   
  
• Strengthening legal framework to combat hate speech on social media: the Indian strategy towards a safer online space  
  by Kriti Kaushik, Sonu Agarwal 
  Abstract: The extent of hate speech on social media platforms is increasing gradually. In the absence of any fixed definition in the law, detection of harmful content becomes arduous. Any attempt to define the limits of hate speech might meet the fate of Section 66-A of the Information Technology Act which was expunged by the Supreme Court of India due to gross violation of free speech. Recently, the Indian Government has introduced new Information Technology Rules, 2021, whereby social media intermediaries must comply with certain guidelines to ensure safety in cyber space. This is a welcome step because these guidelines will make social media companies more responsible, however concerns of censorship still loom large. Therefore, this research aims to find out those problem areas which impede the effectiveness of the extant law to tackle online hate, how other countries deal with similar difficulties and whether India can follow similar footsteps.
  Keywords: hate speech; social media; information technology; free speech; regulation.
  DOI: 10.1504/IJPLAP.2023.10055422
   
  
• The significance of internationally standardised microorganism depository institution after the Budapest Treaty ratification in Indonesia  
  by Srining Widati, Ahmad M. Ramli, Miranda Risang Ayu, Dadang Epi Sukarsa, Lilis Mulyani 
  Abstract: The suitable depository institution as a candidate for an International Depository Authority (IDA) has not been established in Indonesia and it affects the legal framework at the national and international levels. This article aims to analyse the challenges in establishing a microorganism deposit institution in Indonesia, which has ratified the Budapest Agreement. We used normative juridical research methods, focus group discussion, and in-depth interviews with selected stakeholder representatives. The results showed that the Indonesian government has not appointed any official, national-level institution, following the international laws and regulations, to deposit microorganisms in the patent application. Indonesia has not determined the candidate of the Institution for the IDA either. However, Indonesia Culture Collection (InaCC) depository agency is a strong candidate for both purposes. Three recommendations should be developed: the protection and utilisation of native microorganisms, the utilisation of genetic resources big data, and the implementation of Material Transfer Agreement (MTA).
  Keywords: Budapest Treaty; International Depository Authority; IDA; microorganism depository; patent; Indonesia.
  DOI: 10.1504/IJPLAP.2023.10056766
   
  
• The meaning of against justice in judicial decisions of criminal cases in Indonesia  
  by Sidik Sunaryo 
  Abstract: The actual and binding nature of judicial decisions lies in their substance which reflects substantive justice. If a judge’s decision does not meet procedural justice and substantive justice, it is referred to as a judge’s decision against justice. This study aims to establish the principle of qualification of judges’ decisions in criminal cases against justice in Indonesia. As a methodology, this study used a combination of philosophy, cases, and doctrine for analysis. The study found the construction of judges’ decisions against justice and the construction of judges’ decisions in criminal cases that guarantee fair legal certainty in Indonesia. This study found that the construction of the justice decisions that are against justice are typified by: First, ignoring theological value in terms of the top verdict. Second, ignoring the substantive meaning of written law (moral reading). Third, do not contain the value of humanity and universality (transcendental).
  Keywords: delaying legal certainty; delaying justice; against justice.
  DOI: 10.1504/IJPLAP.2023.10056813
   
  
• E-land registration system in Indonesia: policy, progress, and challenges  
  by Airin Rachmi Diany, Ahmad M. Ramli, Huala Adolf, Djuhaendah Hasan 
  Abstract: In order to tackle the issue of low level of land certification, which becomes the major cause for the land ownership dispute, the Indonesian Government uses information and communication technology (ICT) by introducing the electronic land registration system (e-LRS). The use of ICT in this area is deemed more efficient than the manual (paper-based) system and is also a part of the government agenda to improve the quality of land administration system (LAS). This paper discusses the government policy direction, their ongoing progress, and the challenges of the e-LRS in Indonesia. The paper also proposes the measures to support the policies in achieving their goals, which include the need to revise the country’s effective legislation and the effort to improve the prerequisite condition. The research uses the methods of descriptive and exploratory approach towards the laws and regulations, and data collection from relevant sources.
  Keywords: information and communication technology; ICT; Indonesia; land registration; land administration.
  DOI: 10.1504/IJPLAP.2023.10057092
   
  
• Sexual violence in cyberspace: breaking the silence of international law  
  by Shreya, Shampa Dev 
  Abstract: The increasing dependence of the world on digital technology and the internet has consequently led to the juxtaposition of the problematic social structure in online transactions and communications. This has resulted in increasing cases of cybersexual violence against women. The article argues that the effects of cybercrimes are transnational and, therefore, the traditional domestic criminal law is rather inept in preventing crime and punishing offenders. This increases the obligation of international law, which has so far remained silent on the issue. The article’s conclusion suggests that the proposed World Convention on Cybercrime should include cybersexual violence as a core crime. This would serve as a beginning for addressing the threat, effect, and extent of the crime of cybersexual violence. The article concludes that the masculinist normative structure of international law is to blame for its culture of silence.
  Keywords: sexual violence; cyberspace; breaking the silence; cybersexual violence; international law; criminal law.
  DOI: 10.1504/IJPLAP.2023.10057506
   
  
• The legality of vaccination in accordance with international and national standards  
  by Muaath S. Al-Mulla, Jamal Barafi 
  Abstract: National laws have disagreed with one another on the extent of the compulsoriness of the vaccination; some countries imposed compulsory vaccination and punished those who refused to comply with various sanctions. Other countries only informed individuals of the importance of vaccinations to combat infectious diseases and left them free to choose. This disagreement is reflected in national and international court rulings concerning the compulsoriness of vaccination. This study aims to understand the concept of compulsory vaccination, its legal nature, and the extent of the legality of obligating individuals to get vaccinated in the light of the international standards that support human rights principles, and how national legislators and judicial bodies handled competing priorities. This research comparatively analyses the approaches of the different national laws and policies in applying compulsory vaccination and reached a number of significant results and recommendations.
  Keywords: compulsory vaccination; human rights; boosters; punishments.
  DOI: 10.1504/IJPLAP.2023.10057777
   
  
• Fragmentation in International Energy Law: managing an inevitable phenomenon  
  by Hojjat Salimi Turkamani 
  Abstract: International Energy Law (IEL) in its process of gradual development and evolution has faced the phenomenon of fragmentation in terms of norms and institutions. Normative fragmentation is the logical consequence of the diversification of energy resources, the pursuit of national interests and the intersection of energy issues. Likewise, the reactive basis for the establishment of international organisations and the lack of a global energy organisation with comprehensive jurisdiction cause institutional fragmentation in IEL. This two-dimensional fragmentation leads to conflict or overlap between environmental, economic and political rules and institutions of energy law. The question is how this inevitable issue can be solved? This paper shows that normative fragmentation can be resolved on the basis of traditional VCLT principles, including the harmonious interpretation and supremacy of economic norms over others. But more initiative is needed in the management of institutional fragmentation. The article argues that the creation of world organisation with comprehensive jurisdiction, the preference of energy economic organisations and the creation of hybrid energy organisations are appropriate solutions for managing the institutional fragmentation, respectively.
  Keywords: International Energy Law; IEL; normative fragmentation; institutional fragmentation; coherence; efficiency.
  DOI: 10.1504/IJPLAP.2023.10058002
   
  
• Analysis of data policies, structural oppression and AI algorithms in India  
  by P.R. Biju, O. Gayathri 
  Abstract: The study reviewed the literature and global examples of AI biases anchored on social structures. The review found 13 global cases of algorithms anchoring on social structures and perpetuating social biases applicable to Indian situation: 1) IASGD; 2) DASCB; 3) ARR; 4) RBSE; 5) DUSGP; 6) DWJP; 7) DCP; 8) DJD; 9) BPCR; 10) BFRAM; 11) DMJP; 12) RLARMW; 13) AAHRSNPHC. Those cases are analysed in the ten policy drafts dealing with AI and data in the Indian context: 1) JBNSCR (2018); 2) DPDPB (2018); 3) NSAI (2018); 4) RAITF (2018); 5) PDPB (2019); 6) PRAI (2021); 7) JPCR (2021); 8) IDAUP (2022); 9) IDABNUP (2022); 10) DPDPB (2022). It revolves around three key research questions and understands that until and unless careful drafting of data policies does not find a priority, which gives enough attention to social structure, automation of social bias will become the new normal in Indian society.
  Keywords: social bias; automation; data policies; structural oppression; artificial intelligence; algorithms.
  DOI: 10.1504/IJPLAP.2023.10058073
   
  
• Multi-party suits in Tanzania: a case for class actions  
  by Naufal Kitonka 
  Abstract: Multi-party suits in Tanzania can take different forms such as joinder, representative actions and public interest actions. However, representative actions are currently the main procedures for handling claims for compensation involving large groups of similarly affected victims. Generally, multi-party procedures have the great potential to provide parties with an effective remedy. However, in order for these procedures to effectively play that role, they should be convenient, properly managed and clearly provided for in the legislation. This article examines the legal framework in Tanzania concerning multi-party procedures. It shows that strict adherence to the same interest and locus standi requirements makes multi-party procedures too restrictive to interested parties who wish to litigate suits on behalf of others. In order to guarantee the proper management of multi-party suits, a case for class action rules is made, which in this study are used in a narrow sense to mean procedures that provide flexibility of locus standi to numerous parties, both known and unknown, with common issues in fact or law. Finally, a reform of the legal framework is recommended so that class action rules are enacted in the form of regulations or a specific law.
  Keywords: multi-party suits; Tanzania; representative suits; class action suits.
  DOI: 10.1504/IJPLAP.2023.10058650
   
  
• Right to freedom during COVID-19: a study of Article 19 of the Indian Constitution in light of COVID-19  
  by Karun Sanjaya, Mohammad Saleem, Utsa Sarkar 
  Abstract: The year 2019 ended with a virus that is believed to be the first sought in the Wuhan Province of China. The ensuing epidemic was not limited inside China’s borders, and it went on to infect huge populations in other countries as well. On January 30, 2020, it was proclaimed a public health emergency of international concern, and on March 11, 2020, it was declared a pandemic. As a preventative step against the COVID-19 pandemic in India, the government imposed a statewide lockdown on March 25, 2020, restricting the mobility of the whole population. Services of everyday use such as transportation were suspended to contain the spread of the virus. Although necessary, these measures threatened people’s fundamental rights. This paper discusses the interference with the fundamental rights of the common people, specifically those under Article 19 of the Constitution of India, caused by the government’s nationwide lockdown.
  Keywords: pandemic; COVID-19; lockdown; fundamental rights; Article 19.
  DOI: 10.1504/IJPLAP.2023.10059727
   
  
• The good governance of community development based on hamlet system: a case study in Condongcatur village, Indonesia  
  by Nuryanto, Sugiyanto, Darusalam 
  Abstract: This research emphasises the understanding of the good governance of Condongcatur village as the first village in Indonesia that led to successful Hamlet-based community development. This study was conducted by qualitative approach research as well as data collected by literature study, observation, and interviews. Primary and secondary data are integrated into the content analysis. Data validity was assessed using credibility, transferability, and conformability tests. The case studies were conducted in Condongcatur village. The results showed that the policies were very effective, efficient, and right on target because the focus of development was adjusted to the needs of the community at the Hamlet level. The constraints of each Hamlet were various levels of knowledge, the program, implementation accuracy, and accountability. This study has captured the best practice of Hamlet-based community development in Condongcatur village that might be adopted and implemented in other regions in Indonesia.
  Keywords: good governance; community development; hamlet system; public policy; Indonesia.
  DOI: 10.1504/IJPLAP.2023.10061166
   
  
• The impact of Washington Consensus rules on the guarantee of constitutional social rights in a comparative perspective in Latin America  
  by Oscar Sumar, Andrea Villanueva 
  Abstract: Using quantitative and qualitative methods, this study examines the relationship between economic policy approaches, and the supply of public utilities and merit goods in ten selected Latin American countries. Focusing on the extreme cases of Chile, Peru, Venezuela and Bolivia, the article employs a comprehensive analysis of dozens of constitutional provisions, economic and constitutional literature, illustrative case studies to assess the effects of various policy options directed to make people enjoy greater well-being. The results indicate that adherence to economic orthodoxy, as expressed by the Washington Consensus, appears to have a greater impact on the provision of fundamental goods and services, as a trend in the ten countries.
  Keywords: Washington Consensus; economic orthodoxy; economic heterodoxy; economic growth.
  DOI: 10.1504/IJPLAP.2023.10060509
   
  
• Sustainable management of petroleum resource revenues: an exploration of Ghana’s institutional options  
  by Abdallah Ali-Nakyea, Hussein Salia, Bayuasi Nammei Luki, Esther Asiedu 
  Abstract: The study explores sustainable management practices as well as the relationship between institutional factors and the sustainable management of oil revenues in Ghana. Close-ended questionnaires were used to collect primary data among the revenue management institutions in Ghana. The study used a simple random sampling technique to analyse the 116 valid responses. The result reveals a significant positive relationship between regularity quality (RQ), government effectiveness (GE), voice, transparency and accountability (VTA) and sustainable management of petroleum resources. To ensure sustainable management of petroleum revenues, governments must strengthen institutional factors and collaborate with Public Interest and Accountability Committees to curtail likely misappropriation of oil proceeds. Though this study is the first to explore and ascertain the relationship between institutional factors and long-term management of oil revenues in Ghana, it was not able to fully unpack all the channels through which petroleum revenues are astutely managed.
  Keywords: sustainable management; petroleum revenues; exploration; institutions; Ghana.
  DOI: 10.1504/IJPLAP.2023.10061045
   
  
• Creating an appropriate legal procedure in handling unfair competition under Indonesian job creation regime  
  by Ismail Rumadan 
  Abstract: In order to execute antitrust and unfair competition rules inside Indonesia’s employment creation system, procedural legislation must be carefully crafted. Changes to Indonesia’s unfair business competition legal framework as part of the job development legal framework make this vital. Many difficult situations have arisen since the Business Competition Supervisory Commission (KPPU)’s decisions are only reviewed by the commercial court. Instead of the public nature of unfair business competition trials, commercial court judges focus on formality and decorum. Civil and criminal procedural law merged under the commercial court’s jurisdiction will impact legal certainty for the choice of procedural law instruments employed in law enforcement. These techniques affect corporate competition enforcement’s goals of legal certainty and fairness. A normative legal framework, analytical, and conceptual perspectives are then applied to the topic. Investigations used primary and secondary data. This paper seeks to theoretically establish the optimal procedural law model for commercial court formal procedures. This idea intends to improve legal enforcement against unfair economic competition and give business players legal certainty.
  Keywords: commercial court; procedure law; unfair competition.
  DOI: 10.1504/IJPLAP.2024.10061364
   
  
• Anti-beggary laws in India: a socio-political critique  
  by Goyat Sukriti 
  Abstract: The aim of this research is to critically examine the anti-beggary laws in India and present a socio-political critique of these laws. Anti-beggary laws in India are a replica of colonial vagrancy laws that discriminate among people on the basis of their socio-economic status. Due to these laws, innocent people are being criminalised and it adds salt to their wounds. Before 2018 when the court scrapped some of the sections of the Bombay Prevention of Begging Act of 1959, hundreds and thousands of beggars were detained in jails in the name of rehabilitation without providing them any legal aid to present their case. The laws penalise homelessness as well. People from the informal labour sector were being picked by the police from footpaths under these laws. These horrifying incidents form part of the problem. The paper aims to study the current scenario of ant-beggary laws along with various judgements given by Indian courts decriminalising these laws.
  Keywords: beggary; anti-beggary laws; begging; vagrancy; constitutional morality; right to life.
  DOI: 10.1504/IJPLAP.2024.10061365
   
  
• Ghana’s current transfer pricing regime: exposition and critique  
  by Abdallah Ali-Nakyea, William Kofi Owusu Demitia 
  Abstract: The Transfer Pricing Regulations, 2020 (L.I. 2412) can be described as Ghana’s attempt to address the contemporary challenges associated with transfer pricing abuse by taxpayers and the effects of those abuses on revenue generation and the development of the nation. This article compares Ghana’s old Transfer Pricing Regulations, 2012 (L.I. 2188) to current Transfer Pricing Regulations, 2020 (L.I. 2412) and discusses the significant improvements that L.I. 2412 has made to the transfer pricing regulatory framework in Ghana. The article also highlights the shortcomings of the current regulations and offers some proposals to further strengthen the regulations to address contemporary developments within the transfer pricing landscape in Ghana.
  Keywords: abuse; contemporary; challenges; critique; development; exposition; revenue; improvements; transfer; pricing.
  DOI: 10.1504/IJPLAP.2024.10061590
   
  
• The role of local experts in the constitution-building process: the case of Indonesian Constitutional Commission  
  by Bambang Suryowidodo, Indra Perwira, Ali Abdurahman, Mudiyati Rahmatunnisa 
  Abstract: In contrast to their foreign counterparts, the role of local experts is rarely discussed in the literature concerning constitution-building, this difference largely due to the assumption that it is difficult for local experts to act independently of the interests of political actors during the constitution-building process. In this study, we examine the role of the Indonesian Constitutional Commission - an institution of experts established during the Indonesian constitutional amendment process from 1999 until 2002 - as the main case study. Although many Indonesian scholars consider the Commission a failed project due to its failure to influence the outcome of the amendment process and to act independently of the influence of political actors, this paper finds that the aforesaid institution did succeed in strengthening the legitimacy of the amended 1945 Constitution among some elements of society - especially activists and academics - which in turn has also facilitated the success of Indonesias transition to democracy.
  Keywords: local expert; constitution-building process; the Indonesian Constitutional Commission; the amended 1945 Constitution.
  
  
• GDPR and Bangladesh’s data privacy laws: a comprehensive analysis  
  by Md. Zahurul Haq, Zainal Amin Bin Ayub, AbdelRahman Ahmed AbdelRahman 
  Abstract: This article aims to conduct a comparative analysis of data privacy policies, specifically examining the European Union General Data Protection Regulation (GDPR) and Bangladesh’s minimalistic legal framework, to assess their impact on data protection and privacy rights. The authors applied the functional method of comparative law to examine how the legal systems of the European Union and Bangladesh address the issues relating to data privacy and compare the outcomes achieved by each legal system. By examining the legal frameworks, principles, and practices, the article provides insights into how these distinct legal systems tackle data protection challenges and highlights potential differences in outcomes. Findings suggest that Bangladesh’s data privacy legal regime shares several common principles with the GDPR. However, the primary issue stems from the absence of data subjects’ ownership recognition under the Bangladeshi legal regime, rendering it less comprehensive in scope and fewer rights and protections to data subjects.
  Keywords: General Data Protection Regulation; GDPR; data protection; data privacy; Bangladesh; data ownership; comparative analysis.
  DOI: 10.1504/IJPLAP.2024.10062189
   
  
• Reconsidering criminalisation of prostitution: a comparative critical study of the models in vogue in India, Sweden and the Netherlands  
  by Bhavya Tandon, Pratiti Nayak 
  Abstract: The criminalisation of sex work have been contentious issues in criminal law. The Criminal justice system, historically opposed to prostitution, has employed policing and regulations, suppressing the profession. In India, the intend behind prostitution law is gradual criminalisation, associating it with higher crime rates and poverty. The sex workers faces exploitation from multiple stakeholders, encompassing physical, sexual, and psychological violence, leading marginalisation and discrimination. Some European nations, opting for legalisation, aim at harm reduction and enhanced protections for sex workers. Through a comparative analysis of prostitution laws in India, the Netherlands and Sweden, this paper studies the criminalisation model through the lens of public morality, public health, and other societal interests. It questions the limits of criminal law in balancing harm reduction and worker exploitation. Proposing alternative likes legalisation and partial criminalisation, the paper advocates for the most effective approach- decriminalisation- to protect public interest, uphold right and eliminate stigma within this complex social issue.
  Keywords: prostitution; harm; criminalisation; human rights; trafficking laws; India; Sweden; the Netherlands.
  DOI: 10.1504/IJPLAP.2024.10062866
   
  
• Impact of issues related to technology on labour law and the negotiating algorithm  
  by P. Satheesh, P.R.L. Rajavenkatesan 
  Abstract: Artificial intelligence (AI) and automation technologies, including blockchain, internet of things (IoT), and conversational user interfaces, have significantly influenced the culture, relationships, and business procedures of the 21st century, prompting a meticulous reevaluation of conventional norms. While machines have supplanted human roles in various fields since the Industrial Revolution, contemporary AI advancements present a potential to not only revolutionise employment but also curtail economic growth and impart extensive societal impacts. This study principally contends that the advent and utilisation of digital technologies have indistinctly metamorphosed the essence of work and employment. AI also affects labour law, giving lawmakers a new perspective. If robots without legal personalities can do human duties, employers can fire them. The key question is whether organisations can operate efficiently with fewer workers. Despite the importance of employees, layoffs may occur. Given this, policymakers may consider reducing redundancy, giving robots a legal personality, or regulating their workplace use. This study examines how the public views AI and its workplace effects, examining the relationship between AI and labour regulations. This topic became important after substantial research on legal personality in labour regulation.
  Keywords: artificial intelligence; digital technology; the Industrial Revolution; legal legislation; machine learning; personality; negotiating algorithm; labour law.
  DOI: 10.1504/IJPLAP.2024.10063012
   
  
• Examining the position of organic laws within the Constitutional Bloc: an analysis of constitutional court decisions in France and Iraq  
  by Ahmed Oudah Al-Dulaimi, Jacob Deem, Léa Boinnard 
  Abstract: This paper examines the position of organic laws within the Constitutional Bloc, based on the influence of constitutional court decisions in France and Iraq. Through analysing the constitutional court decisions, this article seeks to provide to provide a deeper understanding of the importance and status of organic laws within the constitutional system. The importance of this study is highlighted by the controversial argument emerging from the extent to which organic laws are considered one of the components of the Constitutional Bloc and thus give it a constitutional value. Based on a case study approach, this paper focused on the constitutional court decisions to reach the result that a kind of hierarchy can be found between the constitutional rules, and organic laws are one of these rules. Such hierarchy can assist the constitutional judges to examine the position of the organic law within the Constitutional Bloc.
  Keywords: organic law; Constitutional Bloc; constitutional court; constitutional value.
  DOI: 10.1504/IJPLAP.2024.10063038
   
  
• Criminalisation of marital rape in India: a medico-legal analysis  
  by S. M. Aamir Ali, Anuttama Ghose 
  Abstract: Marital rape is described as undesired intercourse between a man and his wife acquired by force, coercion, threats of force, physical assault, or when she is incompetent to consent. Marriages with marital rape have considerably more significant rates of sexual aggression, marital discomfort and reduced marital quality and satisfaction. Many marital rape victims are either incapable or scared to oppose their spouses’ sexual violence. Victims of marital rape have post-traumatic stress disorder, anxiety, depression, gynaecologic disorder, and terrible physical health impacts. Thus, this paper investigates the laws governing rape in India, with a focus on the status of marital rape, the acknowledgement of marital rape as a crime and an analysis of the perspective of society and judiciary toward marital rape while highlighting the medical consequences faced by the survivors of the marital rape.
  Keywords: criminalisation; gynaecologic disorder; health; marital rape; sexual violence; post-traumatic stress disorder; PTSD; India.
  
  
• Public policy and society, the case of changing smoking behaviour in the USA  
  by Rania Marwan, Tarek El Badawy, W. Rhea Ingram, David Ang 
  Abstract: This paper focuses on analysing the gradual change in smoking behaviour that took place overtime in the US from a public policy theoretical lens, by focusing on three critical events at the national and regional levels. Two events occurred at the national level that shaped the change; the release of the Surgeon General’s Report in 1964 and the Tobacco Master Settlement Agreement in 1998. At the regional level, the paper focuses on the post-settlement allocation of funds, specifically in the State of Alabama, and how it affected behavioural smoking changes. Four policy theories are examined: Downs’ issue attention cycle, Kingdon’s multiple streams framework, punctuated equilibrium, and social construction theory. The paper concludes that the interdisciplinary nature of public policy allows it to explain in depth how smoking behaviour changed over time through tackling different interdisciplinary angles, including the role of policy tools, media, research, advocacy, marketing, and policy entrepreneurs.
  Keywords: Downs’ issue attention cycle; multiple streams framework; MSF; punctuated equilibrium; social construction theory; tobacco Master Settlement Agreement; MSA; policy tools; policy entrepreneurs.
  DOI: 10.1504/IJPLAP.2024.10063424
   
  
• Right to information: a cornerstone of good governance in India  
  by A. Archana, M. Sarojanamma 
  Abstract: The Right to Information (RTI) Act has emerged as a critical pillar of good governance in India, empowering citizens to access information and hold public authorities accountable. The Right to Information Act provides Indian citizens with the means to exercise their democratic rights and access information held by public authorities. Through this act, citizens have been empowered to seek and receive information, thereby bridging the gap between the government and the governed. By providing citizens with the right to scrutinise government actions and decisions, the act acts as a deterrent against arbitrary exercises of power and misuse of public resources. Public officials are now held more accountable for their actions, leading to improved efficiency and reduced instances of corruption within the system. Additionally, the RTI Act has played a crucial role in curbing corruption within public institutions.
  Keywords: right to information; good governance; transparency; accountability; citizen engagement.
  DOI: 10.1504/IJPLAP.2024.10063509
   
  
• Formulating the regulatory framework for the pre-market approval of novel food in Malaysia  
  by Nor Akhmal Hasmin, Sayidah Asma Basir, Anida Mahmood, Juan Matmin, Vita Cita Emia Tarigan 
  Abstract: Novel foods and novel food ingredients are being introduced in the market to strengthen global food security. However, most of the novel foods lack a history of safe use, due to the novel characteristics and lack of consumptions. Despite the safety concerns, novel foods in Malaysia are not subject to pre-market approval, hence, exposing consumers to potential adverse effects on safety and health. Through a doctrinal analysis, this study critically analyses the pre-market approval for novel food requirements and procedures adopted by the food safety authority in the European Union, Australia New Zealand, and the People’s Republic of China. It is to identify the key elements that must be embodied in the legislative framework for pre-market approval of novel food in Malaysia. This study finally suggests some regulatory recommendations on pre-market approval for novel food in Malaysia to strengthen the food safety and food security provisions in Malaysia.
  Keywords: food security; food safety; novel foods; pre-market approval; regulatory framework; Malaysia.
  DOI: 10.1504/IJPLAP.2024.10063553
   
  
• The judicial constitutional review for the legislative omission: a comparative study  
  by Karem Sayed Aboelazm 
  Abstract: This paper attempted to present the constitutional and legal frameworks for constitutional oversight of legislative oversight in Portugal and South Africa, as well as the various mechanisms that enable the Constitutional Court to monitor legislative oversight. The paper also presented the most critical repercussions that resulted from applying the constitutional oversight system over legislative oversight and the impact of these repercussions on rights and freedoms. As well as its impact on the quality and integrity of legislation and the effects of this oversight on the relationship between the constitutional judiciary and parliament. The study used two basic approaches: the comparative approach to compare South Africa and Portugal and the analytical approach to determine the repercussions of constitutional oversight on legislative oversight. The study sought to answer several research questions that help clarify the mechanisms necessary to activate this oversight.
  Keywords: Constitutional Court; legislative omission; unconstitutionality; the rule of law.
  DOI: 10.1504/IJPLAP.2024.10063554
   
  
• Necessary public policies required for accumulation of human capital among informal worker households of India  
  by Amit Kundu, Rajyasri Roy 
  Abstract: Over decades, the Indian labour force has been dominated by informal workers. Investment in human capital is considered a luxury commodity for households depending on different types of informal work for their livelihood. This paper based on NSSOs 68th round survey has identified a few public policies like expansion of Jana Dhan Yojana, offering fuel and electricity at subsidised rates, efficient distribution of nutritious food through the public distribution system, offering cycles to the students to reduce their private transport costs, are very much effective public policies to encourage the present informal workers to invest in human capital accumulation for their next generation, i.e., those public policies should not be considered as implemented only for popular politically gain. Awareness programs like the importance of investment in human capital for their children should also be arranged for those parents.
  Keywords: informal worker; accumulation of human capital; Heckman’s two-step treatment effect model; public policies; India.
  DOI: 10.1504/IJPLAP.2024.10063573
   
  
• Case brief generation and verdict prediction using natural language processing and machine learning  
  by Christopher A. Moturi, Sharon A. Obanda 
  Abstract: The paper’s objective was to demonstrate the potential of natural language processing and machine learning in solving the challenges faced by the Kenyan judicial system, particularly the increasing complexity and the large backlog of cases. To achieve this, the research utilised NLP and AI algorithms to automatically generate case briefs with relevant precedent cases and predict the likely outcome of the verdict. Selected lawyers provided expert labelling of downloaded cases and sample legal case briefs. The labelled data was then used to train the model. The resulting toolkit was capable of generating case briefs and predicting verdicts with impressive levels of accuracy, 88% for case briefs and 83.7% for verdict predictions. The findings of the research demonstrate that NLP and ML is a valuable solution that can enhance human abilities by automating case brief generation and verdict prediction and potentially. This will contribute to more efficient service delivery.
  Keywords: Kenya judiciary; case briefs; verdict prediction; legal case prediction; natural language processing; NLP; machine learning.
  DOI: 10.1504/IJPLAP.2024.10063689
   
  
• Taxing crypto earnings under Indian jurisdiction: a detailed study  
  by D. Kiruthika, Kesavamoorthy Renganathan 
  Abstract: The most talked-about subjects have been cryptocurrencies in general and Bitcoin in particular. Cryptocurrencies are thought of as a subset of virtual currencies that are used for peer-to-peer transaction payments. There are differences in how different nations around the world treat cryptocurrencies. The currency’s legal status is unknown, despite the fact that it is growing in popularity in society and among business communities. In India, there is no regulation that governs cryptocurrencies as of January 2024. Meanwhile in the Budget Session, 2022 the government has brought in the tax regulation of cryptocurrencies. In light of this, the paper would critically analyse on the existing tax treatment of cryptocurrencies in India and further the study is aimed to throw light on some reflections comparatively to trace the tax treatment of cryptocurrencies in other global jurisdictions so as to analyse the pros and cons of present taxability of cryptocurrencies in India.
  Keywords: cryptocurrencies; Bitcoin; tax treatment; India; legal status; global jurisdictions; Income Tax Act; goods and services tax; GST; virtual digital asset; VDA; tax deducted at sources; TDS.
  DOI: 10.1504/IJPLAP.2024.10063690
   
  
• Crafting tax incentives for economic development: insights and recommendation  
  by Ifeanyichukwu Azuka Aniyie 
  Abstract: This paper utilised of a mix of systematic textual analysis to gain understanding, develop knowledge regarding the nature and corollaries of tax incentives. Its main finding is that despite the duality that is tax incentives and the existence of advisories against their utilisation as policy instrument by states, they have become prominent tools for public policy design and implementation as well as feature during micro or firm level decision making. Based on this, the paper argues that with the use of strategically crafted tax policies that balance the contrasting side of tax incentives, economic development can be fostered by their existence. To this end, it offers insights and practical recommendations for the utilisation of tax incentives by states.
  Keywords: revenue; tax incentives; fiscal policy design; tax optimisation.
  DOI: 10.1504/IJPLAP.2024.10063691
   
  
• Thoughts on insolvency proceedings in Ecuador in the post-COVID-19 era  
  by Rubén Méndez Reátegui, Lissangee Mendoza Garcia 
  Abstract: COVID-19 caused a global health crisis and affected commercial activities and it reflects a dangerous accumulation of obligations with stakeholders or other agents and others. Therefore, companies require a range of alternatives to determine whether to exit the market or remain in it. Through a preliminary doctrinal and ius-economic review, this journal article aims to identify the preventive bankruptcy systems scope in Ecuadorian legislation. The first section provides an overview of insolvency proceedings. The second section describes the historical-doctrinal contextualisation of the Concurso Preventivo. The third section will explore the legal (regulatory) framework of the Concurso Preventivo in Ecuador. The fourth section will analyse the Concurso Preventivo Law. Then, the fifth section surveys the Ley Organica de Emprendimiento e Innovacion (Organic Law on Entrepreneurship and Innovation). Later, the sixth section refers to claim holders in insolvency proceedings, incentives theory, the competing interest theory, and the relevance of asymmetric levels of information. Finally, some general conclusions are submitted as an opening to further brings out a second stage as a further and compulsory discussion.
  Keywords: economic recession; economic reactivation; management; market; Ecuador.