scholarly journals Judiciary in Democracy: Alignment and Disconnect

2020 ◽  
pp. 93-109
Author(s):  
Frans van Dijk
Keyword(s):  
Administrative Law ◽  
The State ◽  
The Other ◽  
Access To Justice ◽  
Alternative Perspective ◽  
Ranking Countries ◽  
Civil Courts ◽  
The Way

AbstractIn this last Chapter, the consequences of differences in perceptions are examined. Two concepts are used: the lack of alignment and—more extreme—the disconnect between judiciary and society. Ranking countries by trust in the judiciary, in the lowest 20% there is a disconnect of judiciary and society, in the 20% around the median and in the highest 20% there is lack of alignment. Disconnect and lack of alignment seem to be self-perpetuating, as judges do not perceive the state of independence as problematic. Indications are that even a disconnect does not reduce the use of the civil courts, but that it leads citizens to avoid administrative law procedures. A disconnect weakens the position of the judiciary within the trias politica. This reinforces the complicated relationship between the judiciary and the other state powers. Where the other state powers see an increasing influence of the judiciary, the judiciary sees its own independence endangered. These perspectives clash. For the judiciary the way out is to focus on access to justice as an alternative perspective. By addressing the urgent legal needs of citizens, the judiciary has the potential to improve its alignment with society and its position within the trias politica.

The Police-State

1968 ◽  
Vol 3 (4) ◽  
pp. 428-440 ◽  
Author(s):  
Brian Chapman
Keyword(s):  
English Language ◽  
Civil Service ◽  
18Th Century ◽  
Administrative Law ◽  
The State ◽  
The Other ◽  
The Creation ◽  
The Way

THE WAY THAT THE TERM ‘POLICE STATE’ ENTERED THE ENGLISH language is curious. It is simply the transliteration of the German term Polizeistaat. In German constitutional and administrative law the Polizeistaat was one of the triad of categories used to describe the characteristics of particular states. The other two categories were the Rechtsstaat and the Justizstaat. The Polizeistaat was the creation of 18th-century Prussia. The devastation of the Thuty Years War led the Prussian leaders to conclude that only a state based upon internal discipline, rigorously controlled, and economically self-sufficient could provide a proper basis for survival. This involved breaking the feudal powers of the aristocracy, substituting for them as the principal instrument of government a civil service wholly obedient and responsive to the rulers of the state, and creating a powerful army capable of protecting the heartland of Prussia, if necessary by wars of expansion. The permanent possibility of war became the basis of stable government, and stable government, even at the price of war, was the major blessing a state could bestow on its citizens.

scholarly journals State, law, realm of freedom (practical-philosophical themes of the later Fichte)

2003 ◽  
pp. 33-59
Author(s):  
Danilo Basta
Keyword(s):  
Political Science ◽  
The State ◽  
The Other ◽  
Practical Philosophy ◽  
State Law ◽  
Philosophical Consideration ◽  
Way Of Thinking ◽  
The Way

Fichte's theory of the state, comprising and integral part of his practical philosophy, is built on the key premises of his metaphysics. Therefore the clarification of this problem in Fichte's later philosophy intends to point, on one hand, to a representative metaphysical project of the state with great speculative power, and on the other to a way of thinking about the state which is today taken to be anachronistic, unscientific, outdated, and hence worthy of being mentioned as a "negative example". Though these qualifications should not be totally discarded or questioned in advance, revisiting Fichte's late metaphysics of the state is philosophically productive even in our times. Nowadays it can be extremely helpful to anyone who has not yet been trodden over by a scientific political science and whose cognitive interest is still sufficiently open for a strongly philosophical consideration of the state, who wishes to philosophically enrich or sharpens his/her view of the state. Although Fichte's theory of the state is unified and coherent, it underwent - especially in its last phase - a significant transformation. It was so much visible that the state is relegated to the background even terminologically. In Fichte's later philosophy the keyword is no longer the state but the "realm of freedom". The state is here talked about intentionally, as it were, always with a glance aimed at this realm, at the possibility and prospects for its establishment. Although this terminological and cognitive primacy of the realm of freedom pushed the state into the background, it was not denied any importance. On the contrary, on the way to freedom the state is for Fichte an important point of development that must be passed. And precisely in this transiency lies its inevitability. .

Sheng-Sheng (生生) as Being-Between-Generations: On the Existential Structure of Confucian Ethics

2020 ◽  
Vol 2019 (4) ◽  
pp. 119-149
Author(s):  
Sun Xiangcheng
Keyword(s):  
Filial Piety ◽  
The State ◽  
The Other ◽  
Confucian Ethics ◽  
Ontological Status ◽  
Existential Analysis ◽  
Learning And Teaching ◽  
The World ◽  
The Analects ◽  
The Way

AbstractOn the level of existential structure, “Shengsheng Buxi” unfolds an existential structure different from Heidegger’s “being-in-the-world”. This paper calls it “being-between-the-generations”. Through this existential structure, it reveals many aspects which Heidegger ignored in his existential analysis. The existence of “I” between generations is, first of all, a conjunction of generations, “this body” has its own origin. Its original facing the Other is to love his/her parents, and showing the structure of “being-together-with-the-generations” in filial piety; family implements the existence of “inheritance”, thus gaining its ontological status in this structure. The state of mood in generations shows the “Enjoyment-at-home” of this-body; at the same time, being-between-the-generations also makes “learning” and “teaching” indispensable and essential moments in the existential structure, and makes the “Project” of “trans-generations” possible. The “historicity” formed by “generations” has an impact on this. Ultimately, in the memorial ceremony of “death of parents and ancestors”, it builds the structure of “being-together-with-the-generations” within a family, and maintains the dimension of transcendence, in the way of filial piety, whose nature is revealed in The Analects as “Tribute to the death of parents and keeping memory of ancestors” (慎終追遠).

scholarly journals Review of the monograph by V. Voynalovych and N. Kochan "The religious factor of ethnopolitical processes in Galicia: the postwar Soviet era and the present", Kyiv. IPiEND named after IF Kuras, 2018,408 p.

2019 ◽  
pp. 153-154
Author(s):  
Mykola Obushnyi
Keyword(s):  
Research Problem ◽  
The State ◽  
The Other ◽  
Spiritual Life ◽  
Local Authorities ◽  
Compromise Solutions ◽  
State Administration ◽  
Religious Factor ◽  
The One ◽  
The Way

In the context of decentralization of state administration and expansion of powers of local authorities in Ukraine, the ability of, on the one hand, the leadership of the state and, on the other, regional managers, to find compromise solutions taking into account the specifics of each region and state interests becomes important. The monograph is devoted to clarifying the specifics of such an important area in the spiritual life of Ukrainians in Galicia - state-church relations and the problems that arise in the way of their solution in the context of decentralization. The research problem posed by the authors is generally revealed at the level of requirements for this type of work and will be useful to all who are not indifferent to the study of ethno-religious relations in Ukraine.

scholarly journals Le contrat comme technique de participation des citoyens aux décisions en matière énergétique

2005 ◽  
Vol 24 (4) ◽  
pp. 943-956
Author(s):  
Michel Guibal
Keyword(s):  
Administrative Law ◽  
The State ◽  
The Other ◽  
Government Agencies ◽  
Local Authorities ◽  
Government Supervision ◽  
Contractual Relations ◽  
The Relationship

Contractual techniques have known a remarkable development in French administrative law. Contractual relations between different government agencies and individuals have reflected a change in the relationship between the State, central agencies and corporations on one side, and local authorities, associations and individuals on the other. « Inequality, Hierarchy and Government Supervision » have been partially replaced by « Equality, Participation and Autonomy ». In this article, the author describes some instances where contractual techniques were used to promote the participation of local interests in energy decisions. He points out the consequences of such a technique of participation and concludes that its main problem is the representativeness of the participants

Hobbes's Concept of Multitude

2011 ◽  
Vol 24 (1) ◽  
pp. 5-14
Author(s):  
Omar Astorga
Keyword(s):  
The State ◽  
The Other ◽  
Historical Reality ◽  
The People ◽  
Rational Construction ◽  
The One ◽  
The Way

AbstractIn this brief article I expound some uses that Hobbes gave to the concept of multitude. Firstly, I explain the distinction between "people" and "multitude", the confusion of which was regarded in De Cive as a cause of sedition. The plural and disunited character of the multitude is highlighted, in comparison with the unity that constitutes the people. Secondly, I show that Hobbes, beyond the cited distinction, makes a relevant use in Leviathan of the principle of representation, in order to show the way in which multitude becomes State. Finally, I highlight the two-fold use given by the author to such concept: on the one hand, by attributing a theoretical role to it, which should allow thinking of the rational construction of the State; on the other, by showing the historical reality of multitude, turned into a source of madness and sedition.

The Constitutional Implications of Judicial Control of the Administration in the United Kingdom.

1967 ◽  
Vol 25 (1) ◽  
pp. 46-61 ◽  
Author(s):  
J. D. B. Mitchell
Keyword(s):  
United Kingdom ◽  
Prime Minister ◽  
Administrative Law ◽  
The Other ◽  
Judicial Control ◽  
The United Kingdom ◽  
The Subject ◽  
Legal Difficulties ◽  
Administrative Jurisdiction ◽  
The Way

When first I was invited to participate in this colloquium, I was given the title of “Constitutional difficulties to the introduction of a system of administrative law,” which I take to imply a full administrative jurisdiction. That subject was, in a sense, not exciting, except as a challenge to produce legal difficulties, under a system such as our own, to doing anything at all. Difficulties undoubtedly do exist, but they exist in the realm of psychology, not of rules of law. Even so they are important. A constitution does not live by legal logic alone, and the positive changes in law which the introduction of such a system would involve run counter to received, but unexamined, notions or myths, particularly those relating to Parliament. Such notions have surprising strength. It would have been difficult to persuade the Pontifex Maximus to lead the other Pontiffs into proclaiming the inadequacy of their mythology, let alone to lead them into propounding the virtues of a rival. Yet under our cult of Parliament this is precisely what the Prime Minister or the alternative Pontifex Maximus has to do. This change is beyond the scope of those subtle shifts which we can achieve by stealth, in the way in which we transferred power from King to Ministers. While these difficulties are real and must be mentioned, I take it that in the form in which the subject is now posed it is broader and that I can treat of the constitutional advantages as well as, and rather more than, these political difficulties.

scholarly journals Aðskilnaður ríkis og kirkju. Upphaf almennrar umræðu 1878–1915. Síðari grein

2019 ◽  
pp. 25-60
Author(s):  
Hjalti Hugason
Keyword(s):  
Religious Freedom ◽  
Church And State ◽  
The State ◽  
The Other ◽  
Constitutional Amendments ◽  
Freedom Struggle ◽  
The One ◽  
Financial Relationship ◽  
Evangelical Lutheran ◽  
The Way

The Icelandic Constitution from 1874 constituted a national church and religious freedom in the country, instead of the former evangelical-lutheran state-religion. Only four years later discussions began about whether a national church and religious freedom were compatible or if it was necessary to choose the one or the other. In an article published in the last number of this journal it was shown how two opposite viewpoints regarding this question had already developed by 1880. The first one, “the way of separation”, was driven by human-rights perspectives, aiming to establish real religious freedom for everybody. The other one, “the way of legislation”, was based on religious and ecclesiastic perspectives. Those who followed the second one, wanted to develop an independent national church, with ongoing relations with the state. In this second article, particular themes of the debate on separation between church and state are analyzed, and various views on the topic expressed in religious bulletins and journals examined. The main focus will be on the financial relationship between the state and the church after separation had taken place, and the question of public education, which was the responsibility of the national church until 1907. To conclude with, it will be shown how the criticism of separatists were met by constitutional amendments in 1915. Finally, the interpretation that discussions about separation of state and church during the period 1878–1915 should be seen as a part of the national freedom struggle of the Icelandic people is rejected.

Difficulties in issuing the constitution of the Kurdistan Region

2021 ◽  
Author(s):  
Latif Amin
Keyword(s):  
The State ◽  
The Other ◽  
Federal State ◽  
Kurdistan Region ◽  
Peaceful Coexistence ◽  
Regional Impact ◽  
Basic Law ◽  
The Right ◽  
The Way

The Constitution is the basic law and from it all authorities derive their powers and the legitimacy of their actions, through which the form of the state, its government, its system of governance, the nature of authorities, their competencies, the relations between them, and their limits are determined, in addition to determining the rights of citizens: individuals and groups, and ensuring the performance of these rights for them. It is the right of any region or state in the federal state to have a constitution, and in the Kurdistan region it was possible to establish a constitution for the region since 1992 after the issuance of the federal statement by the Parliament of Kurdistan, which decided to define the right of the Kurds to disobey as a formula for peaceful coexistence in federalism, but this was not done, Since the issuance of the Iraqi Constitution of 2005 and its entry into force in 2006 and its recognition of the Kurdistan Region as a region within federal Iraq, the region should have drawn up its constitution based on the provisions of Article 120 of the Constitution. Undoubtedly, there are several internal and regional reasons and obstacles that stand in the way of the enactment of the constitution in the most valuable of them - There is no single supreme authority in the region, but there are two authorities, one in Erbil and the other in Sulaymaniyah, both of whom consider themselves equal to the other The regional impact represented by the interventions of the two neighboring countries, Iran and TurkeThe absence of the mentality of the statesmen, but the mentality of the men of power and the party, and looking at the constitution from a narrow hierarchical perspective. In order for the region to have a good constitution, these obstacles must be removedy

Nation Building

2020 ◽  
pp. 52-60
Author(s):  
Yael Tamir
Keyword(s):  
Nation Building ◽  
The State ◽  
The Other ◽  
Modern State ◽  
Nation State ◽  
Administrative Service ◽  
The Social ◽  
Political Outcomes ◽  
The Way

This chapter investigates what makes nations so powerful and special. It presents two reasons that come to mind: one obvious the other unexpected. The obvious one is institutional and relates to the alliance between the nation and the state. The unexpected, more surprising, reason concerns the fact that the very same features that make nations attractive allies of the modern state — namely, being natural, historical, and continuous entities — are mostly fabricated. The chapter also explores the way nationalism shaped the modern state and provided it with tools necessary to turn from an administrative service into a caring entity that takes on itself not merely the role of a neutral coordinator but also that of a compassionate and attentive mother(land). Ultimately, the chapter examines the social and political outcomes of the lean state and ponders whether some of the advantages of the nation-state could be recovered.

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