The Role of the State in the Realisation of the Right to Housing

Author(s):  
Pilar Garrido Gutiérrez
Author(s):  
Andrew S Gold

This chapter discusses how the ‘stickler-enjoining’ account of equity has important limits. While many distinctive doctrines of equity can be understood to limit stickler behaviour, equity in fact often turns a blind eye to, and sometimes even enables, stickler behaviour. One can sort cases in which equity restrains sticklers from those in which it is indifferent to stickler behaviour if one attends to the role of the state in private litigation. Sometimes the state’s responsibilities require it to protect plaintiffs against sticklers. Other times, it requires it to protect the stickler, as a means, for example, of keeping as open as possible each person’s sphere of choices. Ultimately, the self-regarding account of equity sheds light on the question of the relationship between equity and justice: from the distinct perspective of the judgment, sometimes equitable justice is better than legal justice and sometimes legal justice is better than equitable justice.


2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.


Paradigm ◽  
1998 ◽  
Vol 1 (2) ◽  
pp. 14-31
Author(s):  
V. R. Panchamukhi

The GLJP strategy is complemented by market fundamentalism, implying major emphasis on market forces and reduction in the role of the state. The systematic revolution also implies significant structural changes But the phenomenon is not without paradoxes and calls for cautious steps. Various lessons are to be learnt from the Mexican misery. The author discusses in detail about the right approach for India so that the country evades any misery. The concept of ‘Tobin Tax’ is worth examining.


2019 ◽  
Vol 33 (4) ◽  
pp. 572-586
Author(s):  
Thomas Bouchet

Abstract This article examines the different meanings given to the ‘right to work’ during the French Second Republic (1848–51). Although liberals painted all demands for this right with the same ‘socialist’ brush, denouncing them as vague and dangerously utopian, calls for this right were neither vague nor exclusively socialist. Those espousing the right to work held concrete, if differing, views about what duties it entailed and what its relation was to private property, political rights and the role of the state. This essay examines the views of socialists, non-socialist and labour associations on the right to work, examining how they changed in the course of the Revolution of 1848. As faith waned in the state’s willingness and ability to secure it, so, too, did preoccupations with the right to work, which gave way increasingly to associationalism. The right would not become constitutional until the Fourth Republic.


2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.


Author(s):  
Magda Yadira Robles Garza ◽  

Protection for people or social groups that do not have a home or who have it lost because of wars, internal or external displacement, violence and insecurity, require special attention from States. To address this approach, the criterion or standard established in the Inter-American System of Human Rights with respect to the protection of this right through the connection of rights will then be analyzed. The judgments could set out the standard of protection that from national governments must be afforded to people who lose their homes in these contexts and, on the other hand, the role of the State in complying with these claims, in order to conjecture the autonomous declaration of the right to housing in the judicial headquarters of the region of the Americas.


Author(s):  
Ekaterina Gosrskaya

The article discusses the ethical aspect of the anti-monopoly immunity of the holder of exclusive rights to a drug, and also question about of legality setting the price of drugs by pharmaceutical companies. The author analyzes the role of the state as a balance-guarantor of the interests between citizens, which have the right to affordable and effective medicines, and the companies-patentee as subjects of a business.


1990 ◽  
Vol 7 (2) ◽  
pp. 180-193 ◽  
Author(s):  
Gerald Dworkin

In recent years, there has been renewed interest in the question of when, if ever, the state may use coercion to enforce majority views about what types of conduct are right or wrong, noble or base, decent or indecent. Such interest has been generated by both political and philosophibal pressures. In recent political history, controversies over such issues as abortion, homosexuality, pornography, textbooks in schools, new reproductive technologies such as surrogate parenting and in vitro fertilization, and faith healing have focused attention on the role of the state in supporting or opposing various moral views. In political philosophy, often a theoretical reflection of the political debates of the time, we have seen renewed attempts to provide a satisfactory foundation for traditional liberal (in the sense of Millian) views of the legitimate scope of state power. In particular, there has been an emphasis on the neutrality of the liberal state and the right of individuals to be treated as equals by the state.


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