In the Hindutva Laboratory: Pogroms and Politics in Gujarat, 2002

2008 ◽  
Vol 44 (2) ◽  
pp. 349-399 ◽  
Author(s):  
HOWARD SPODEK
Keyword(s):  
Rule Of Law ◽  
Cultural Change ◽  
Spillover Effects ◽  
The State ◽  
The Rule Of Law ◽  
Communal Violence ◽  
Educational Restructuring ◽  
Short Run ◽  
The Impact ◽  
The City

AbstractCommunal violence wracked the state of Gujarat and the city of Ahmedabad once again in 2002, leaving some 2,000 people dead. Because the ruling BJP party had proclaimed Gujarat the ‘Laboratory of Hindutva’, analysts throughout India saw the violence as BJP policy and debated its possible spillover effects elsewhere. This paper finds that in a period already marked by stressful economic and cultural change and attended by political uncertainty, some BJP leaders gambled that an attack on Gujarat's Muslims, and on the rule of law in general, would attract followers and voters. Their gamble proved correct at least in the short run. This paper examines the cultural, social, geographical and educational restructuring that is occurring, through legal and illegal struggles, and the impact of the violence upon these processes. It examines the declining status of Muslims as a result of continuous propaganda against them. It analyzes the degree to which the state was damaged as a result of the decision for violence and asks about the degree to which leaders do, or do not, wish to ‘put it behind them’, and suggests that Ahmedabad's problems are widely shared in both the developing and developed worlds.

scholarly journals Social Conflict, National Strife, or Political Battle? Violence and Strikebreaking in Late Habsburg Austria

2019 ◽  
Vol 49 (4) ◽  
pp. 650-676
Author(s):  
Claire Morelon
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Turn Of The Century ◽  
Social Conflicts ◽  
State Repression ◽  
The Rule Of Law ◽  
The First World War ◽  
The Impact ◽  
First World

This article analyses the practices of violence during strikes in Habsburg Austria from the 1890s until the outbreak of the First World War. As the number of social conflicts rose at the turn of the century, strikes increasingly became one of the main sites of public violence in Austrian society, alongside demonstrations. Violent confrontations between strikers, strike-breakers, and the state forces protecting them frequently occurred. The first section discusses the state repression used to quell internal unrest and its consequences on the rule of law. The following sections explore the micro-dynamics of strikebreaking within the larger context of the reaction against Social Democracy in the period. Especially after the successful mobilization for suffrage reform in 1905–906, employers and other propertied classes saw strikers as part of a general threat. The Czech and German nationalist workers’ movements can also be reassessed through the lens of these social conflicts, rather than only as manifestations of radical nationalism. Strikes are here analysed as one case study addressing current debates in the historiography on the Habsburg Empire: first on the implementation of the rule of law on the ground in Habsburg Austria, then on the impact of democratization in the decades before 1914.

scholarly journals Application of Administrative Law in the Time of Reforms in the Light of the Scope of Judicial Review in Hungary

2020 ◽  
Vol 29 (3) ◽  
pp. 101
Author(s):  
István Hoffman
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Judicial Review ◽  
Paradigm Shift ◽  
Administrative Law ◽  
The State ◽  
The Rule Of Law ◽  
Legal Remedies ◽  
Review Model ◽  
The Impact

<p class="Default">The Hungarian legal system and especially the administrative law is in the state of permanent change. This constantly transforming environment is a challenge for the rule of law. Every significant field of administrative law is impacted by these changes – even the judicial review model of the administrative decisions. The author analyzes the impact of these changes – especially from the last three years – on the application of administrative law. The issues raised in the article are focused on the transformation of the procedural rules, in particular on the impact of the new Act I of 2017 – Code of Administrative Court Procedure and its amendment in 2019. Two major institutions are analyzed further. First, the work analyzes the impact of the reform on the system of legal remedies in the administrative law, i.e. the reduction of the intra-administration remedies, the administrative appeal. Secondly, the extent of the judicial review was examined, in particular debates, codifications and amendments of the cassation and reformatory jurisdiction of the courts. The courts are currently the major interpreter of administrative law, whose change can be interpreted as a paradigm shift of the approach of the application of administrative law.</p>

APPLICATION OF FIREARMS AS ONE OF THE MEANS OF COORDINATION BY THE STATE WITHIN THE COMPETENCE OF EMPLOYEES OF INTERNAL AFFAIRS

2021 ◽  
Author(s):  
Vladymyrov M. ◽  
Paliukh V.
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Groups ◽  
Law Enforcement Officers ◽  
The State ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Right ◽  
The Impact

The article considers the main competencies of law enforcement officers who have the right to use firearms, as a force representing the state to maintain law and order, and prevent violations of human rights and security, which allows to determine the levels of possible use of firearms as a form of coercion and influence on civil society, as well as to identify its subjects and objects - to identify all participants in such a process, and the impact on large social groups in order to comply with the rule of law in society.

Contradiction, Circumvention and Conceptual Gymnastics: The Impact of the Adoption of the ESM Treaty on the State of European Democracy

2013 ◽  
Vol 14 (1) ◽  
pp. 169-189 ◽  
Author(s):  
Jonathan Tomkin
Keyword(s):  
Rule Of Law ◽  
Legal Framework ◽  
The State ◽  
Legal Order ◽  
The Rule Of Law ◽  
European Democracy ◽  
European Stability Mechanism ◽  
The Impact

This paper makes the claim that the legal framework governing the European Stability Mechanism (ESM) is contradictory, conceptually incoherent and may be characterized as a circumvention of Union law. It is further claimed that such circumvention, and the resulting establishment of a significant permanent institution outside and beyond the scope of the Union legal order, represents a challenge to European democracy and to the principle of respect for the rule of law.

scholarly journals CONSTITUTIONAL COMPLAINT AS A NEW INSTITUTE OF CONSTITUTIONAL LAW OF UKRAINE

2020 ◽  
Vol 1 (3) ◽  
pp. 25-33
Author(s):  
R. V. Chernolutsky
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Rule Of Law ◽  
Constitutional Law ◽  
The State ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Protection Of Human Rights ◽  
The Individual ◽  
The Impact

The article is devoted to the analysis of the institute of constitutional complaint as a new mechanism of protection of human rights and freedoms for Ukrainian practice. The significance of the constitutional complaint as a new institution of the constitutional law of Ukraine lies in two aspects. First, it is an important additional mechanism (means) to protect individual rights and freedoms. This increases the impact of law on public relations, and the state strengthens its status as a legal entity. This also strengthens the applicability of the rule of law as one of the fundamental principles of law. Secondly, the importance of the constitutional complaint as a separate institution is related to the functioning of the Constitutional Court of Ukraine, which is legally called to ensure the supremacy of the Constitution of Ukraine. A person's appeal to a body of constitutional jurisdiction with a complaint emphasizes the closeness of the entire judicial system to a person, as well as the desire of the state to properly protect his rights. Thus, at the individual (complainant) level, the constitutional complaint increases the importance of the rule of law (due to the protection of human rights and freedoms), and at the public level (constitutional jurisdiction) - promotes the rule of law as the foundation of the entire legal system. The author reviews the current legislation in this area of relations, focuses on the features of the constitutional complaint and aspects of its significance, as well as clarifies some problematic aspects of its implementation in Ukraine. It was noted that due to this the function of protection of human rights by the Constitutional Court of Ukraine will be more effectively and fully implemented.

scholarly journals THE IMPACT OF RULE OF LAW ON FDI INFLOW: A POOLED MEAN GROUP ANALYSIS OF SELECTED SSA COUNTRIES

2020 ◽  
Vol 8 (2) ◽  
pp. 441-450
Author(s):  
Suleiman Zangina ◽  
Sallahuddin Hassan
Keyword(s):  
Rule Of Law ◽  
Group Analysis ◽  
The Rule Of Law ◽  
Pooled Mean Group ◽  
Long Run ◽  
Short Run ◽  
Dynamic Heterogeneous Panel ◽  
The Impact ◽  
Heterogeneous Panel ◽  
Ssa Countries

Purpose of the study: The main objective of this study is basically to investigate the impact of rule of law on FDI inflow for a panel of six selected SSA countries comprising, Ethiopia, Tanzania, Senegal, Nigeria, Congo Republic, and Sudan. Methodology: The study utilized the Pooled Mean Group (PMG) dynamic heterogeneous panel approach covering the period 1996 – 2017. Main Findings: The results indicate that adherence to the rule of law is directly related to the inflow of FDI in the selected countries in the long-run, whereas its impact is insignificant on FDI during the short-run. Applications of this study: The study is useful to SSA countries since it will provide policymakers with the necessary insight to formulate appropriate policies to effectively promote adherence to the rule of law with a view to boost foreign investors’ confidence in the economies and stimulate the inflow of FDI. Novelty/Originality of this study: This paper is amongst the first to utilize the PMG dynamic heterogeneous panel approach to explore the relationship of rule of law with the inflow of FDI in the six SSA countries.

Mis-modelling Singapore: China's Challenges in Learning from the City-state

2018 ◽  
Vol 236 ◽  
pp. 1014-1032 ◽  
Author(s):  
Mark R. Thompson ◽  
Stephan Ortmann
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Political Stability ◽  
The Rule Of Law ◽  
Communist China ◽  
Democratic Rule ◽  
City State ◽  
The Impact ◽  
The City ◽  
Advanced Development

AbstractSingapore exemplifies what China strives for: resilient authoritarianism despite advanced development with good governance and political stability. But lessons Chinese observers draw from the Southeast Asian city-state have been selective, leading to misconceptions. We focus on three key areas in which Chinese observers claim inspiration from the “Singapore model.” The first, Singapore's “Asian values” discourse which is seen to provide an ideological defense of non-democratic rule, overestimates the impact of top-down conservative culturalism while underestimating the difficulty of propagating Confucianism in officially still communist China. Second, while elections in Singapore are seen to bolster the ruling People Action Party's legitimacy in Singapore, they have been implemented to such a limited extent in China that any legitimation gain is unlikely. Finally, the chief lesson derived from Singapore's fight against corruption, the importance of a committed leadership, ignores the importance of the rule of law in Singapore, a legacy of colonialism very different from China's post-totalitarian trajectory.

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

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