Constitutionalism, Conflict, and Consent: Jefferson on the Impeachment Power

2008 ◽  
Vol 70 (4) ◽  
pp. 572-594 ◽  
Author(s):  
Jeremy D. Bailey

AbstractA problem within liberal constitutionalism is determining whether the majority actually consents to its government, and, in particular, to those extraordinary acts that take place in the silence of the law. This paper explores this problem in the U.S. context by presenting Thomas Jefferson's understanding of the impeachment power. Jefferson preferred a theory of impeachment that, like his theory of coordinate review, would allow each department to participate in the impeachment process, because he believed that executive participation would improve the law bringing its own character, or will, to it. As an alternative to the more common political understanding of impeachment, which leans toward legislative exclusivity, and the dominant legal understanding, which tends toward judicial finality, Jefferson's theory offers a way for the people to judge whether a particular act of lawlessness is in the public good.

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.


Author(s):  
Adrian Miller

This chapter itemizes and elaborates on four different component parts (described in the book as "ingredients") that make-up presidential foodways. The first ingredient relates to the president: his or her palate, food philosophy, schedule, wealth and prerogative. The second ingredient involves the people who surround the president: the First Lady, the president's physician, and those who procure food for the White House. The third ingredient is White House culture: the workspace, kitchen equipment and technology, co-workers, perks, presidential pets, wildlife in and outside of the White House and racial attitudes. The fourth ingredient is the unexpected influences: the U.S. Congress, public perception, food gifts from the public, and the climate in Washington, D.C. The chapter includes recipes for roast ducks, popovers (a quick bread), and sweet potato cheesecake.


2020 ◽  
pp. 196-220
Author(s):  
Paul Weirich

Governments regulate risks on behalf of the people they serve. Given that regulatory agencies aim for regulatory measures that the public would endorse if rational and informed, the mean-risk method of evaluating acts provides valuable guidance. It offers a way of constructing for a citizen informed probability and utility assignments for a regulation’s possible outcomes, and using these assignments to obtain for the citizen an informed utility assignment for the regulation. The theory of cooperative games combines the utility assignments of multiple agents to support a collective act, and under simplifying assumptions, supports an act that maximizes collective utility, defined as a sum of the act’s utilities for the agents, in the tradition of utilitarianism. This approach to regulation accommodates acts targeting information-sensitive, evidential risks as well as acts targeting physical risks. Verification of a reduction in an evidential risk can meet the standards of objectivity that the law adopts.


2007 ◽  
pp. 100-113
Author(s):  
Liz Lee-Kelley ◽  
Ailsa Kolsaker

The central government in the UK is determined to employ new surveillance technology to combat the threat of terrorist activities. This chapter contributes to the important debate on the relationship between citizens and the government, by discussing not whether electronic surveillance should be used, but rather, when it is acceptable to the populace. From our analysis, we conclude that a reconciliation of state-interest and self-interest is critical for the success of e-governance; as such, electronic surveillance’s mission has to be about serving the law-abiding majority and their needs, and its scope and benefits must be clearly understood by the visionaries, implementers and the citizenry.


Author(s):  
Henry Tam

This chapter provides a critical introduction to the problem of disengagement between governments and citizens. It looks at different arguments for reforming the scope and approach adopted by the state and explains why the way forward has to be through more effective state-citizen cooperation. It also gives a general outline of the three parts of the book. The first part examines the theoretical background and recent development of state-citizen cooperation to find out why more attention should be given to advance it; how its impact should be judged; and what makes it distinctive and complementary to other proposals on improving democratic governance. The second part reviews policies and strategies that have been tried out in different parts of the world to enable citizens and state institutions to work together in an informed and collaborative manner in defining and pursuing the public good. The final part considers how various underlying barriers to effective state-citizen cooperation can be overcome, with reference to specific case examples.


2014 ◽  
Vol 20 (1) ◽  
Author(s):  
Peter J. Pitts

The role of marketing communications is to advance the bottom line and the public good – and not necessarily in that order. Giving back is an integral part of the New Normal. And there has never been a better tool to accomplish this mission than social media.But healthcare marketing –and particularly of the regulated variety --is between a rock and a hard place. On the one hand, marketers understand the importance and opportunity in social media. It’s where the people are. It’s where the action is. But then there are all those pesky regulatory concerns.As Walter O’Malley –the man who moved the Brooklyn Dodgers to Los Angeles once commented, “The future is just one damn thing after another.”


Author(s):  
Zainal Arifin Hoesein

<p>Materi muatan hukum selayaknya mampu menangkap aspirasi masyarakat yang tumbuh dan berkembang bukan hanya yang bersifat kekinian, melainkan sebagai acuan dalam mengan Ɵ sipasi perkembangan sosial, ekonomi, budaya dan poli Ɵ k di masa depan. Norma hukum pada dasarnya inheren dengan nilai-nilai yang diyakini oleh masyarakat, tetapi daya kekuatan keberlakuan hukum, Ɵ dak dapat melepaskan diri dari kelembagaan kekuasaan, sehingga hukum, masyarakat dan kekuasaan merupakan unsur dari suatu tatanan masyarakat. Oleh karena itu, Hukum Ɵ dak sekedar dipahami sebagai norma yang menjamin kepasa Ɵ an dan keadilan tetapi juga harus dilihat dari perspek Ɵ f kemanfaatan. Oleh karena itu, maka pembentukan hukum dalam perspek Ɵ f pembaruan hukum harus difokuskan pada dua hal yaitu, sistem hukum dan budaya hukum. Tulisan ini akan membahas bagaimana idealisasi peraturan perundang-undangan; bagaimana fungsi peraturan perundang-undangan dalam pembangunan hukum; dan bagaimana pendekatan metodologis terhadap pembentukan hukum. Dari berbagai pembahasan tersebut disimpulkan bahwa pembentukan hukum dalam perspek Ɵ f pembaharuan hukum, di samping harus memperha Ɵ kan aspek metodologis, juga harus merujuk dan meletakkan norma hukum dalam kesatuan harmoni ver Ɵ kal dengan aspek teologis, ontologis, posi Ɵ vis Ɵ k dan aspek fungsional dari suatu norma hukum.</p><p>The substance of the law should be able to capture the aspira Ɵ ons of the people who grow and develop not only be present, but as a reference in an Ɵ cipa Ɵ on of the social, economic, cultural and poli Ɵ cal future. The rule of law is essen Ɵ ally inherent to the values that are believed by the public, but the validity of the power of the law, not to break away from the ins Ɵ tu Ɵ onal power, so the law, society and power is an element of a society. Therefore, the law does not merely understood as a norm that ensures certainty and jus Ɵ ce but also to be seen from the perspec Ɵ ve of expediency. Therefore, the legal establishment in the perspec Ɵ ve of legal reform should be focused on two things, namely, the legal system and legal culture. This paper will discuss how the idealiza Ɵ on of laws, how the laws func Ɵ on in the development of the law, and how the methodological approach to the legal establishment. It was concluded that the forma Ɵ on of the law in the perspec Ɵ ve of legal reform, in addi Ɵ on must pay a Ʃ en Ɵ on to methodological aspects, should also refer to and put the rule of law in the unity of ver Ɵ cal harmony with aspects of the theological, ontological, posi Ɵ vist and func Ɵ onal aspects of the rule of law.</p>


2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Jentel Chairnosia

The enactment of Law Number 32 Year 2004 is a manifestation of the development ofadvanced democracy, namely all local chief elected directly by the people except the positionof the Governor of Yogyakarta. However, in its development, the implementation of theGeneral Elections of Regional Head gave rise to dissatisfaction which resulted in the appealof the results of the General Election to the court for various reasons. The presence of theConstitutional Court as an institution that resolved the dispute over the General Election ofRegional Heads has not been able to provide justice to the public, especially the emergenceof many Constitutional Court rulings that cause debate. In its development, the ConstitutionalCourt abolished its authority in the settlement of disputes in the General Election of RegionalHeads as stipulated in Decision Number 97 / PUU-XI / 2013. The Constitutional Court is ofthe opinion that the Constitutional Court only has the authority to resolve election disputes ofDPR, DPD, President/Vice President because the election is done nationally, while theelection is conducted in certain areas only. In addition, the volume of incoming cases relatedto election disputes more than the law review case which is the main authority of theConstitutional Court, so that this can affect the quality of the decisions of the ConstitutionalCourt considering the dispute resolution of the results of the General Election should beterminated within fourteen days. DOI: 10.15408/jch.v5i2.7090


World Science ◽  
2018 ◽  
Vol 3 (7(35)) ◽  
pp. 19-21
Author(s):  
Huseynzade Khoshgadam

In this article we are talking about the phraseology of proverbs in German and Azerbaijani. What are proverbs? - These are a set of complete phrases created by the people, tested by experiments and time, briefly and clearly expressed in the public. "Love does not get old"(Alte Liebe rostet nicht.), "The Word of Men is the Law"- «Ein Mann, ein Wort». That concrete and abstract proverbs retain the meaning and essence of the sentence as distinct from riddles and idiomatic expressions.They correspond to the phraseological compounds of V. Vinogradov's classification, are an integral part of the language and enrich the vocabulary of the German language. This classification is based on a functional principle and therefore they can be applied both in style and in lexicology. This article deals with word combinations, phraseological units and compounds, idiomatic expressions, winged phrases and proverbs.


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