scholarly journals May, Should, or Do, Administrative Judges Participate in the Management of the Public Sphere in the Rule of Law?

2019 ◽  
Vol 33 (1) ◽  
pp. 65-75
Author(s):  
Adam Szot
Keyword(s):  
Civil Rights ◽  
Public Sphere ◽  
Public Administration ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
The Public ◽  
Management Processes ◽  
Individual Decisions ◽  
The Public Sphere ◽  
Fundamental Values

Abstract The article concerns the actual impact of courts controlling the activity of public administration on the direction of its activities and the content of issued decisions. In particular, it concerns sovereign individual decisions that affect the sphere of civil rights and freedoms. The aim of the article is to seek an answer to the question of whether independent judges actually participate in the process of management in the public sphere, which is characterised by elements of politics and (regardless of the answer to this question) whether such participation is allowed or (even) necessary in modern rule of law states. The main argument is that regardless of whether the courts controlling the administration have reformatory or exclusive cassation powers, they influence the decision-making process in the public sphere. At the same time, such influence not only does not violate the fundamental values of the rule of law, but is even sometimes necessary. This does not mean that courts should interfere in the management processes in the public sphere in every case.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

Keeping the Internal Tension Under Check

2021 ◽  
pp. 289-320
Author(s):  
Margit Cohn
Keyword(s):  
Decision Making ◽  
Public Sphere ◽  
Rule Of Law ◽  
Public Deliberation ◽  
Political Life ◽  
Direct Access ◽  
The Rule Of Law ◽  
The Public ◽  
The Public Sphere

Concerned with the role of the judiciary as a constraining agent of fuzzy law, the chapter is laid out in two layers. First, in light of the special problems attached to reliance on fuzzy law, it advances arguments that call for enhanced review in this context. Secondly, the chapter joins the ongoing general debate over the role of the judiciary in the shaping of the public sphere. The argument for active review is based both on the principles reflected in the rule of law ideal, and on an argument from governance. Setting judicial review in a framework that seeks to enhance participation, the judiciary, stripped of accusations of supremacy over all other forms of decision-making, operates as an intermediator by offering members of society, especially those who do not have direct access to government corridors, an additional forum for voicing their concerns and thereby contributing to public deliberation over all contested aspects of social and political life.

scholarly journals The Decision of the Constitutional Court Which Is Positive Legislature and Their Implications on Substantial Democracy in Indonesia

2021 ◽  
Vol 8 (12) ◽  
pp. 191
Author(s):  
Raden Muhammad Mihradi ◽  
Dinalara Dermawati Butarbutar ◽  
Nazaruddin Lathif ◽  
Tiofanny Marselina
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Rule Of Law ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
The Public ◽  
Limited Basis ◽  
The Public Sphere

The decisions of the Constitutional Court are always interesting to observe. First, the Constitutional Court's decision has a broad impact in maintaining and ensuring the guarantee of the principles of the rule of law, human rights and institutionalized democracy. Second, the decisions of the Constitutional Court are always dynamic. Not always conservative. As in the decision of the Constitutional Court, which is positive legislation, it provides a breakthrough that the Constitutional Court is no longer just a norm canceler. However, it can test or create norms on a limited basis with constitutional or conditionally unconstitutional terms. Third, it is certain that the model of the Constitutional Court's decision is positive legislation and risks causing tension with the parliament as the legislator. It is important to study and relate it to the institutionalization of substantial democracy, a democracy that brings justice and equality in the public sphere.

The Dissolution of Municipal Councils due to Organized Crime Infiltration

2019 ◽  
Vol 5 (2) ◽  
pp. 45
Author(s):  
Filomena Occhiuzzi
Keyword(s):  
Rule Of Law ◽  
Organized Crime ◽  
Central Government ◽  
Administrative Law ◽  
Public Officials ◽  
Local Authorities ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic ◽  
Fundamental Values

: The paper proposal is focused on the evolution of a specific legal instrument, which consists of the Central government’s power to “dissolve” municipal councils in the case of infiltrations by organized crime. In Italian administrative legislation, local councils may be dissolved for several reasons such as the ongoing violation of the law and the neglect of duty, but one of the most debated causes is the interference and the pressure that organized crime may exercise on the members of municipal councils. This specific administrative law instrument is defined in art. 143 T.U.E.L. and is part of a series of public anti-mafia policies. It was introduced in 1991 as an emergency law to cope with the risk of maladministration due to local authorities’ subjugation to criminal power (Mete, 2009). The aim of the dissolution of local councils is to preserve constitutional and fundamental values such as democracy and the rule of law, but it is a very severe legal tool as it affects a democratically elected community. This instrument is also closely related to the prevention of corruption in the public sector, as often the infiltrations by organized crime in municipalities are due to the corruption of public officials. The institution in charge of applying this legal tool is the Prefect, which has the power to enforce the orders of the central government and oversees local authorities. The procedure for the adoption of this instrument involves the major constitutional bodies such as the Parliament, the Ministry of Interior and the President of the Republic.

Logics of Political Secrecy

2011 ◽  
Vol 28 (7-8) ◽  
pp. 103-122 ◽  
Author(s):  
Eva Horn
Keyword(s):  
Rule Of Law ◽  
Carl Schmitt ◽  
Modern Logic ◽  
The Rule Of Law ◽  
The Public ◽  
Modern Age ◽  
Political Crime ◽  
The Law ◽  
The Public Sphere ◽  
Blind Spots

In the modern age, the political secret has acquired a bad reputation. With modern democracy’s ideal of transparency, political secrecy is identified with political crime or corruption. The article argues that this repression of secrecy in modern democracies falls short of a substantial understanding of the structure and workings of political secrecy. By outlining a genealogy of political secrecy, it elucidates the logic as well as the blind spots of a current culture of secrecy. It focuses on two fundamental logics of secrecy, deduced from the Latin terms ‘ arcanum’ and ‘ secretum’. Whereas the logic of arcanum regards secrecy as a legitimate dimension of government, a modern logic of secretum is marked by an inextricable dialectics between the withdrawal and communication of knowledge, between secrecy and publicity. Here, the secret is not so much a piece of withheld knowledge as a ‘secrecy effect’ that binds the realm of secrecy to the public sphere by a dialectics of permanent suspicion and scandal. Instead of falling into the trap of this ‘secrecy effect’ it is worth taking a closer look at the tradition of thought on the arcana imperii, from Tacitus to early modern doctrines of raison d’état to Carl Schmitt. What this tradition deals with is the functionality of secrecy and its complicated relation to the law. The arcana tradition elaborates the crucial point of secrecy: its potential, but also its profound ambivalence. Secrecy opens up a discretionary space of action exempt from the rule of law, and, according to Carl Schmitt, ignores the law so as to allow it to become effective. Secrecy serves to protect and stabilize the state, but at the same time it opens a space of exception from the rule of law that breeds violence, corruption and oppression. Instead of seeing secrecy as the opposite of a political culture of transparency, it is more productive to regard secrecy as transparency's complement – a counterpart, however, that is marked by the profound paradox of being both a consolidation of and a threat to democracy.

scholarly journals Under The Spotlight: The Impact of Media Attention on Protest Policing

1999 ◽  
Vol 4 (2) ◽  
pp. 171-187 ◽  
Author(s):  
Dominique Wisler ◽  
Marco Giugni
Keyword(s):  
Civil Rights ◽  
Public Sphere ◽  
Media Coverage ◽  
Blind Spot ◽  
The Public ◽  
Media Attention ◽  
Protest Policing ◽  
The Media ◽  
The Public Sphere ◽  
The Impact

Explanations of protest policing have neglected the "spotlight of the media." Based on data on repression and its media coverage in four Swiss cities from 1965 to 1994, our findings suggest that the mass media do have an impact on levels and forms of repression, along with political opportunity dimensions and levels of disruption. We identify two mechanisms. First, we show that the symbolic battles waged by protest groups and their outcomes affect the level of repression these groups face. More specifically, depending on whether the civil-rights or the law-and-order scenario wins in the public sphere, the police adopt different postures when facing disorders. Second, the police are also shown to be vulnerable to an increase of media attention during a protest campaign. When protest becomes a blind spot in the public sphere, repression increases.

scholarly journals Algoritmos y algunos retos jurídico-institucionales para su aplicación en la Administración Pública.

2020 ◽  
pp. 54-63
Author(s):  
Óscar CORTÉS
Keyword(s):  
Public Sphere ◽  
Public Administration ◽  
Legal Aspects ◽  
The Other ◽  
Technological Changes ◽  
The Public ◽  
Administrative Procedure ◽  
The Public Sphere ◽  
The One ◽  
Secure Implementation

Laburpena: Adimen artifiziala da gaur egungo teknologien artean bultzadarik handiena duenetako bat. Azterlan honen xedea da horren erronka batzuen hausnarketa bat eskaintzea Administrazio Publikoan aplikatzeko. Alde batetik, abiadura-palanka gisa duen gaitasunaren ikuspuntutik, sektore publikoa den bezalako ekosistema juridikoan; beste alde batetik, administrazio-sistemetan bere garapena bideragarri egiteko suertatzen diren galderei erantzuteko beharretik. Horretarako, aztertuko da nola aldaketa teknologiko berriek lege-moldaketekin batera etorri diren maila publikoan bideragarritasuna emateko; aurkeztuko dira algoritmoen aukera eta ziurgabetasun batzuk Administrazioaren teknologia eraldatzaile bezala; azkenik, deskribatuko dira aspektu juridiko batzuk beharrezkoak direnak Administrazioan bere ezapen ziurra eta etikoa lortzeko eta aztertuko dira administrazio-prozedura automatizatu posible baten elementurik aipagarrienak. Resumen: La inteligencia artificial es ya hoy una de las tecnologías con mayor potencial. El presente estudio tiene por objeto ofrecer una reflexión sobre algunos de los retos para su aplicación en la Administración pública. Por un lado, desde el punto de vista de su capacidad como palanca de cambio en un ecosistema jurídico como el sector público; por otro, desde la necesidad de abordar algunos de los interrogantes que surgen para hacer viable su desarrollo en los sistemas administrativos. Para ello, se analizará cómo los recientes cambios tecnológicos han venido acompañados de modificaciones legales para dotarles de viabilidad en el ámbito público, se mostrarán algunas de las oportunidades e incertidumbres de los algoritmos como tecnologías transformadoras en la Administración, se describirán algunos de los aspectos jurídicos que es necesario abordar para su segura implantación ética y jurídica en la Administración y se analizarán algunos de los elementos más destacados de un posible procedimiento administrativo automatizado. Abstract: Artificial intelligence is already today one of the technologies with greatest potential. The purpose of this study is to offer a reflection on some of the challenges for its implementation in public administration. On the one hand, from the standpoint of its capacity as a lever of change and transformation in a legal ecosystem such as the public sector; on the other, from the need to address some of the questions that arise to make viable its development in administrative systems. For that purpose, it will be analyzed how recent technological changes have been accompanied by legal modifications to make them viable in the public sphere, some of the opportunities and uncertainties of algorithms as transformative technologies in administration will be shown, some of the legal aspects that need to be addressed for its legal and ethical secure implementation in the Administration will be described, and some of the most outstanding elements of a possible automated administrative procedure will be analyzed.

Women as Agents of Violence

2010 ◽  
Author(s):  
Caron E. Gentry
Keyword(s):  
Civil Rights ◽  
Public Sphere ◽  
Political Violence ◽  
Private Sphere ◽  
The Political ◽  
The Public ◽  
Socially Constructed ◽  
Violent Action ◽  
The Public Sphere ◽  
Feminist Work

The public/private divide assumes that men are the (public sphere) actors gendered toward the possibility of violent action, specifically as soldiers, combatants, guerrillas, or revolutionaries, whereas “proper” women within the private sphere are gendered to be non-violent or peaceful actors. Women who engage in the political sphere are condemned for deviating from the private, and more so when they are involved in violence. Indeed, women who operate as agents of political violence are accused of transgressing both gender norms and the normative conceptualization of a state’s monopoly on violence. Feminists have challenged the veracity of this public/private circumscription through their evaluation of women as agents of political violence. Earlier feminist work dehumanizes politically violent women, making their violence more damaging and mental health more damaged than men who commit the same violence. Feminists later moved away from this dehumanization and instead portrayed women as helpmates to the politically violent organization and its male members. Some or most mainstream approaches refer to women involved in sub-state political violence as “terrorists,” and women terrorists are socially constructed as doubly illegitimate actors. Instead of focusing on what must be wrong with the women who engage in political violence, research should identify the reasons behind their actions, such as perceived injustices against them, their community, and/or political and civil rights.

scholarly journals Cross-border public administration

2019 ◽  
Vol 52 (1-2) ◽  
pp. 74-89
Author(s):  
Roman Melnyk ◽  
Anna Barikova
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal Framework ◽  
Public Governance ◽  
Public And Private ◽  
The Rule Of Law ◽  
The Public ◽  
Cross Border ◽  
Traditional Societies ◽  
The Cross

Institutional, teleological and consensual blockchain jurisdiction manifestations have been articulated in the activities of the public administration concerning interventional, contributory, protective, delegated, executive and efficient public administration. The authors have revealed the service format of functioning and synergy of the cross-border interaction of public administration within horizontal and vertical relations with the subjects of public and private law. Legitimacy of transformational remodelling of power, as well as the specifics of the values intercourse in information and traditional societies in the framework of implementing the powers of cross-border public administration through the simulation category. The paper highlights the functioning dynamics of cross-border public administration in the external and internal dimension in terms of using such instruments of public administration, as regulatory and administrative acts, acts-plans, acts-actions, administrative contracts. Fundamental influence of technological innovations on the public service activities of public administration has been proved in a transboundary perspective to achieve the rule of law, the maximum legal certainty of streamlining the process of public governance. Institutionalization of the synergetic paradigm has been established for using the tools of public administration within the blockchain jurisdiction to properly implement the cross-border competence of public administration, which will contribute to the adaptation of national law to the supranational legal framework. The authors have specified that, with proper implementation of the competence of cross-border public administration within the blockchain jurisdiction, there is a ‘self-propelled’ system with a measurable number of variables for institutionalization of such an organizational structure, which could be self- reproducible in the presence of corresponding internal and external links with the allocation of order parameters

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