Compulsory Acquisition as a Constitutional Matter: The Case in Africa

2018 ◽  
Vol 62 (1) ◽  
pp. 77-103 ◽  
Author(s):  
Liz Alden Wily
Keyword(s):  
Community Participation ◽  
Private Property ◽  
Good Governance ◽  
The State ◽  
Constitutional Change ◽  
Tenure Security ◽  
Public Purpose ◽  
Customary Rights ◽  
Agrarian Economies

AbstractCompulsory acquisition of land by the state for public purposes is an entrenched feature of national constitutions. Yet the scope of private property is rarely defined. This is problematic in agrarian economies where millions own land under non-statutory arrangements that were historically excluded from recognition as property. This study examines the case in Africa where more than 650 million people are untitled customary landowners. Despite vibrant constitutional change, protection of these rights remains disappointing, while the grounds for taking land have expanded. However, this article concludes that reining in the scope of public purpose is not the most useful way forward. It would be more productive to persist in bringing constitutional force to bear on the standing of customary rights, along with democratizing procedures towards full community participation in deciding how public purpose acquisitions should proceed. The result would be greater tenure security, good governance and more peaceful relations between the state and people regarding land.

Problems Of Investment Attractiveness In The Economy Of Uzbekistan

GIS Business ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. 241-245
Author(s):  
Khamrakulova O.D. ◽  
Bektemirov A.B.
Keyword(s):  
Economic Growth ◽  
Development Strategy ◽  
Private Property ◽  
Economic Reforms ◽  
The State ◽  
Structural Reforms ◽  
The Development Strategy ◽  
Macroeconomic Stability

The deepening of economic reforms in Uzbekistan is closely linked to the strengthening of macroeconomic stability and the maintenance of high rates of economic growth and competitiveness, the continuation of institutional and structural reforms to reduce the presence of the State in the economy, and the further strengthening of the protection of rights and the priority role of private property, as reflected in the Development Strategy for 2017-2021.

FORMATION AND DEVELOPMENT OF PROTECTING SYSTEMOF PRIVATE PROPERTY IN UZBEKISTAN IN THE YEARS OF INDEPENDENCE

2020 ◽  
Vol 6 (3) ◽  
pp. 61-67
Author(s):  
Bakhtiyor Khalmuratov ◽  
◽  
Madina Bakhriddonova
Keyword(s):  
Private Property ◽  
The State ◽  
Legal Basis ◽  
The Social

In the article the process of privatization of state property in Uzbekistan in the first years of independence, mechanisms of carrying out it, the influence of privatization processes on the social,economical life of the population and the activities of the privatized organizations in providing the population with work are analyzed. Also, legal basis of privatizing the state property are focused on

Konsep Distribusi Pendapatan Dalam Islam

2016 ◽  
Vol 1 (1) ◽  
pp. 85-97
Author(s):  
Moh. Ah. Subhan ZA
Keyword(s):  
Property Rights ◽  
Social Life ◽  
Private Property ◽  
Wealth Distribution ◽  
The State ◽  
Private Property Rights ◽  
Job Opportunities ◽  
The Rich ◽  
The Difference ◽  
Distribution Of Income

The main problem of social life in the community is about how to make the allocation and distribution of income well. Inequality and poverty basically arise not because of the difference of anyone’s strength and weakness in getting livelihood, but because of inappropriate distribution mechanism. With the result that wealth treasure just turns on the rich wealthy, which is in turn, results in the rich get richer and the poor get poorer.Therefore, a discussion on distribution becomes main focus of theory of Islamic economics. Moreover, the discussion of the distribution is not only related to economic issues, but also social and political aspects. On the other side, the economic vision of Islam gives priority to the guarantee of the fulfillment of a better life. Islam emphasizes distributive justice and encloses, in its system, a program for the redistribution of wealth and prosperity, so that each individual is guaranteed with a respectable and friendly standard of living. Islam recognizes private property rights, but the private property rights must be properly distributed. The personal property is used for self and family livelihood, for investment of the working capital, so that it can provide job opportunities for others, for help of the others through zakat, infaq, and shodaqoh. In this way, the wealth not only rotates on the rich, bringing on gap in social life.The problem of wealth distribution is closely related to the welfare of society. Therefore, the state has a duty to regulate the distribution of income in order that the distribution can be fair and reaches appropriate target. The state could at least attempt it by optimizing the role of BAZ (Badan Amil Zakat) and LAZ (Lembaga Amil Zakat) which has all this time been slack. If BAZ and LAZ can be optimized, author believes that inequality and poverty over time will vanish. This is because the majority of Indonesia's population is Muslim.

Insurgent Universality

2019 ◽  
Author(s):  
Massimiliano Tomba
Keyword(s):  
Private Property ◽  
The State ◽  
European History ◽  
Monopoly Power ◽  
Individual Rights ◽  
Modern Conception ◽  
Democratic Practices ◽  
Fresh Perspective ◽  
Alternative Institutions

Insurgent Universality presents an intervention in current discussions on universalism, democracy, and property. It investigates other trajectories besides traditional ones of modernity and traces an alternative legacy for contemporary movements. This legacy exceeds the familiar juridical horizon of citizenship, individual rights, and the state by revisiting questions relating to power, democratic practices, and the modern conception of private property. Insurgent Universality investigates and displays alternative trajectories of modernity that have been repressed, hindered, and forgotten. These trajectories are not only embodiments of a radical hope and a new conception of universality that arose from insurgencies from below; they also alert us to possibilities in our present that have been underestimated or overlooked. Eventually, they show us alternative institutions by which to reshape our present. These experimental democratic practices and institutions are based on the pluralism of authorities instead of the monopoly power of the state. However, such an inquiry resists the utopian urge to clear the tables. Instead, the book examines more closely, and with a fresh perspective, those aspects of our intellectual inheritance that we have allowed to remain in the darkness. By doing this, Insurgent Universality aims to “decolonize” European history, offering an image of Europe that is not monolithic but, rather, composed of many layers and paths that have been repressed or forgotten. The aim of the book is to rebuild those roads not taken and bridge them with non-European trajectories and political experiments.

Community Asset Management A Good Practice in Participatory Local Governance

2005 ◽  
Vol 30 (2) ◽  
pp. 19-24
Author(s):  
Wendy Taylor
Keyword(s):  
Service Delivery ◽  
Community Participation ◽  
Asset Management ◽  
Poverty Reduction ◽  
Good Governance ◽  
Local Governance ◽  
Local Development ◽  
Good Practice ◽  
Governance Process ◽  
Development Service

This article places the concept of community asset management (CAM), the focus of a DFID Knowledge and Research (KAR) project which has been described elsewhere, in the context of the broader concepts of participatory local governance and good practice, themselves the subjects of other recent KAR projects. It is contended herein that it is imperative to local development, service delivery and poverty reduction that these concepts are fully operationalised by the stakeholders involved in the governance process. The article argues that, not only is CAM as a community participation approach a good practice in good governance ‘in its own right‘, but the very practice of the CAM approach involves the operationalisation of other participatory local governance principles.

Tinjauan Hukum Putusan Sela dalam Bentuk Schorsing pada Pengadilan Tata Usaha Negara

2017 ◽  
pp. 15-45
Author(s):  
Dezonda R Pattipawae ◽  
Heillen M. Y. Tita
Keyword(s):  
Good Governance ◽  
The State ◽  
Civil Servants ◽  
State Administration ◽  
The Government ◽  
The Postponement ◽  
Laws And Regulations

The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.

scholarly journals Pengaruh Audit Internal dan Akuntabilitas Suber Daya Manusia terhadap Perwujudan Good Governance pada Lembaga SKK Migas

2015 ◽  
Vol 5 (1) ◽  
pp. 93
Author(s):  
Latifah Latifah ◽  
A. Rinto Pudyantoro
Keyword(s):  
Human Resources ◽  
Oil And Gas ◽  
Good Governance ◽  
Internal Audit ◽  
Sampling Technique ◽  
The State ◽  
Survey Method ◽  
Special Unit ◽  
The Republic ◽  
The Government

<p>Special Unit for Upstream Oil and Gas Business Activities (SKK Migas) is an institution established by the Government of the Republic of Indonesia through Presidential Regulation (Perpres) No. 9 of 2013 on the Management of Upstream Oil and Gas Business Activities. The task of SKK Migas is to manage the upstream oil and gas business activities based on cooperation contracts. The purpose of the establishment of this institution so that retrieval of natural resources of oil and gas owned by the State can provide maximum benefit and acceptance for the state to the greatest prosperity of the people. Based on these tasks and objectives, SKK Migas is responsible to the state and all Indonesian people to work properly, honestly, fairly, cleanly, transparently and competently in order to achieve good governance of state institutions. Therefore, internal monitoring (internal audit) and accountability of its human resources are required. This research has a purpose to test the influence of internal audit and human resource accountability to the achievement of good governance at SKK Migas institution. This research uses survey method with population of all staffs of SKK Migas. Sampling method used is sampling with purposive sampling technique. In this study, 145 samples were taken. Methods of data collection was done by using questionnaires containing several questions with the method of data analysis using multiple regression. The result of this research is to accept both hypothesis which is internal audit have positive effect toward the achievement of good governance in SKK Migas. And the accountability of human resources positively affect the achievement of good governance in SKK Migas.</p>

scholarly journals Governance, Violence and the Challenge of Internal Security in Rivers State, Nigeria

2019 ◽  
Vol 17 (1) ◽  
pp. 35-47
Author(s):  
Destiny Eze Agwanwo ◽  
Ibrahim Bello
Keyword(s):  
Political Violence ◽  
Good Governance ◽  
The State ◽  
Internal Security ◽  
Effective Utilization ◽  
Material Resources ◽  
The People ◽  
The World ◽  
Negative Effect ◽  
Rivers State

Governance, the world over, has become the main framework for assessing the effective utilization of human and material resources for the development of a nation or an organization. This paper explores the link between governance failure, violence and its implication for internal security in Rivers State. The level of violence in the state is high and increasing particularly since 1999 when the nation returned to civil rule. Violence such as inter and intra communal conflicts, cult violence, armed robbery, kidnapping, political violence among others, now writ large in the state. The study utilized the qualitative and content analysis. The paper reveals that the pervasive nature of violence with negative effect on the internal security is the fall out of the failure of the governance in the state. The paper recommends, among other things that, good governance is a tool for empowering the people, which in turn, will reduce unemployment, poverty, marginalization and the recourse to violent aggression in the state.

scholarly journals Implementation of Good Governance and Clean Governance Towards an Effective and Dignity Bureaucracy

2021 ◽  
Vol 4 (2) ◽  
pp. 327
Author(s):  
Didin Hadi Saputra ◽  
Lalu Putra Muhlis ◽  
Mikyarul Ilmy ◽  
Agus Suparno ◽  
M. Nasuhi ◽  
...  
Keyword(s):  
Qualitative Research ◽  
Good Governance ◽  
The State ◽  
Government Organizations ◽  
Good Level ◽  
Good Government ◽  
Government Governance ◽  
Operational Processes ◽  
The Military

Government governance that will lead to a good level must be continuously promoted and advertised. This campaign must be continuously carried out in order to create a clean and authoritative government and produce dignified officials. The implementation of good govenance is one of the best concepts of offering a system in democracy. The purpose of this research is to find out how the implementation of good services carried out by the state civil apparatus (ASN) in order to create a clean, dignified and good government. The method used in this research is a deft interview, namely in-depth research or qualitative research. Large organizations that run a bureaucratic system will usually have strict procedures, regulations and rules so that their operational processes tend to be less flexible. Today's bureaucracy is found in government organizations, hospitals, companies, schools, and the military.

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