Presidential Autocracy and the Rule of Law

Worldview ◽  
1973 ◽  
Vol 16 (3) ◽  
pp. 5-12
Author(s):  
D. L. Robinson
Keyword(s):  
Rule Of Law ◽  
Full Scale ◽  
American Democracy ◽  
Checks And Balances ◽  
Henry Kissinger ◽  
The Rule Of Law ◽  
The People ◽  
The City

The year 1972 seemed fateful to those who cherish the commitment of American democracy to the tradition of checks and balances. Indeed, as the year ended, the realization was beginning to dawn that the nation was on the edge of a full-scale constitutional crisis.Nineteen seventy-two was the year when President Nixon reopened the door to China, then mined Haiphong harbor and bombed the city of Hanoi; when he visited Moscow, concluded a treaty limiting strategic arms and directed Henry Kissinger to announce that peace was "at hand," then suddenly renewed and intensified the bombing, suspended it for thirtysix hours at Christmas, renewed it, then stopped it again—all without explanation to the people on whose behalf he was acting.

scholarly journals Strategi pembangunan pariwisata internasional berbasis pertanian organik “shining batu”

2018 ◽  
Author(s):  
Jurnal ARISTO
Keyword(s):  
Data Collection ◽  
Development Strategy ◽  
Rule Of Law ◽  
Local Knowledge ◽  
Development Program ◽  
The Rule Of Law ◽  
The Core ◽  
The People ◽  
The Media ◽  
The City

Natural potential and also local knowledge possessed by Batu, a great asset that can be implied to improve the welfare of the community, through the program "Shining Batu". This study aims to look at how the tourism development strategy undertaken by the City of Batu. This study used qualitative methods, with some data collection techniques, such as: interviews, documentation, Batu via Program "Shining Batu" want to change Batu become central areas of organic farming, based tourism International, therefore, the development program of the region, the perceived has a lot of benefits to the people of Batu. At the core strategies that do include several steps, namely: mapping the existing potential, then design and validate the rule of law as the foundation for the implementation of the program, which is the umbrella law, after which it then processes Sounding program through the activities - the activities and the media.

Moral Character, Policy Effectiveness, and the Presidency: The Case of JFK

1998 ◽  
Vol 10 (4) ◽  
pp. 445-460
Author(s):  
W. J. Rorabaugh
Keyword(s):  
Rule Of Law ◽  
Political Process ◽  
The Political ◽  
Political Leaders ◽  
Checks And Balances ◽  
Abuse Of Power ◽  
The Rule Of Law ◽  
Founding Fathers ◽  
White Males ◽  
The People

The founding fathers laid down a number of principles for successful governance in the new republic. Among these, in the formal sense, were written constitutions, the division of power among three branches of government, checks and balances to prevent abuse of power, the rule of law, and equality before the law. Most of these ideas were English in origin and had been practiced, in varying degrees, in the colonies. The failure of the colonial polity, the founders believed, had occurred because at times British power in North America had been exercised in opposition to notions of sound governance. In addition, the founders heeded public opinion and accepted, somewhat reluctantly, broad participation by white males in the political process. Having experienced British tyranny, they embraced free speech and a free press. While these various principles, the founders agreed, were ingredients that could produce a republic, such a republic would be viable only if the people and their political leaders possessed virtue.

PERAN NASKAH AKADEMIK DAN DAFTAR INVENTARISASI MASALAH DALAM MEWUJUDKAN PERATURAN DAERAH NOMOR 2 TAHUN 2015 TENTANG PERLINDUNGAN ANAK YANG ASPIRATIF DI KOTA TANGERANG

2018 ◽  
Vol 1 (2) ◽  
pp. 282-297
Author(s):  
Hendra Sudrajat ◽  
Beggy Tamara
Keyword(s):  
Rule Of Law ◽  
Child Protection ◽  
Regional Government ◽  
The Rule Of Law ◽  
The People ◽  
Democratic State ◽  
The Republic ◽  
Regulation Approach ◽  
The City

The rule of law provides guarantees for human rights and popular sovereignty through the constitution. The 1945 Constitution of the Unitary State of the Republic of Indonesia is the highest constitution of Indonesia as the foundation for the implementation of the rule of law of democracy. With the rolling of reforms by amending the constitution to establish new formats of regional government, including the construction of ideal regional regulations. The ideal regional regulation is one that is able to provide solutions to various community problems through binding regulations. The type of research used is normative legal research using a statutory approach or statute approach and a case approach or case approach. the statutory approach or statute approach is to use the regional regulation approach. The establishment of regional regulations is the authority of the Regional People's Legislative Assembly together with the Regional Head, but sometimes raises various problems, namely the role of the regional government more strongly than the people in the process of drafting regional regulations without accommodating the aspirations of the people, including the formation of regional regulations as a form of democracy and participation in the regions. Community participation in the process of forming Regional Regulation Number 2 of 2015 concerning Participatory Child Protection in the City of Tangerang Banten Province is very important to realize a democratic state of law through aspirational regional regulations.

Determinanty wewnętrzne polityki zagranicznej Ukrainy pod rządami Wołodymyra Zełenskiego

2019 ◽  
Vol 17 (1) ◽  
pp. 123-141
Author(s):  
Tomasz Stępniewski
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Political System ◽  
Free Market ◽  
Stable State ◽  
Free Market Economy ◽  
The Rule Of Law ◽  
The People ◽  
Internal Politics ◽  
Research Questions

The present paper discusses the following research questions: to what extent did errors made by the previous presidents of Ukraine result in the country’s failure to introduce systemic reforms (e.g. combating corruption, the development of a foundation for a stable state under the rule of law and free-market economy)?; can it be ventured that the lack of radical reforms along with errors in the internal politics of Ukraine under Petro Poroshenko resulted in the president’s failure?; will the strong vote of confidence given to Volodymyr Zelensky and the Servant of the People party exact systemic reforms in Ukraine?; or will Volodymyr Zelensky merely become an element of the oligarchic political system in Ukraine?

scholarly journals KEDUDUKAN DAN TANGGUNGJAWAB PRESIDEN DALAM SISTEM PRESIDENSIAL DI INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 173-190
Author(s):  
Moh Hudi
Keyword(s):  
Rule Of Law ◽  
Chief Executive ◽  
The Rule Of Law ◽  
The People ◽  
Head Of State ◽  
Presidential System ◽  
Before And After ◽  
The Government ◽  
Head Of Government

The Government system greatly determines the position and responsibility of the president. Even in the same system of government, the president’s position and responsibility may change, depending  on   The  Rule  of   Law  in a particular country. The position and responsibility of the president in the presidential system in Indonesia has change several times. This can be seen before and after the amandement. President in presidential   System   as  Head  of  Government  and   Head  of   State. So that the president has broad authority. The president is not responsible to the parliament, because institutionally the parliament is not higher than the president as the chief executive, but is responsible to the people as voters.

scholarly journals Analisis terhadap Larangan Analogi dalam ‎Rancangan Undang-Undang Kitab Undang-Undang ‎Hukum Pidana

2016 ◽  
Vol 2 (2) ◽  
pp. 408-419
Author(s):  
Ikhsan Fatah Yasin
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Public ◽  
The People ◽  
Draft Bill ◽  
Good Analogy

Abstract: This article discusses the analysis of the prohibition of analogy in the Draft Bill. The majority of the experts of jurisprudence against analogy. The author does not agree with the ban on using the analogy in the Draft Bill, but justifies the analogy with the record, the judge must be competent and with integrity. If the judge is unable to make analogy, then he could use self-interpretation to find a legal decition. The argument of usage of analogy is to seek substantial justice for the people without setting aside the individual’s rights, because by using the analogy, the rule of law will remain unfulfilled. It is because the crime, in its various forms, is still contrary to morality even though it is not written, and even if the crime has an impact to the public. In Islamic law, the method of qiyâs compiled by Imam Shafi’i in may be used as a good analogy, because qiyâs method has been tested by producing many laws.Keywords: Analogy, draft bill, the criminal code. Abstrak: Artikel ini membahas tentang analisis terhadap larangan analogi dalam RUU KUHP. Mayoritas para ahli ilmu hukum menentang analogi. Penulis tidak sepakat dengan larangan menggunakan analogi dalam RUU KUHP, tetapi membenarkan analogi dengan catatan, hakimnya harus kompeten dan berintegritas. Jika hakimnya memang tidak mampu untuk beranalogi, maka ia masih bisa menggunakan interpretasi untuk menemukan hukumnya.   Argumen diperbolehkannya analogi adalah untuk mencari keadilan substansial bagi masyarakat tanpa menyampingkan perlindungan individu, sebab dengan menggunakan analogi kepastian hukum akan tetap terpenuhi. Karena kejahatan, dalam berbagai bentuknya, tetap saja bertentangan dengan kesusilaan meskipun ia tidak tertulis, apalagi jika kejahatan tersebut membawa pengaruh kepada masyarakat luas. Dalam hukum Islam, metode qiyâs yang disusun oleh Imam Syafi’i dalam berijtihad mungkin dapat digunakan sebagai proses analogi yang baik, sebab metode qiyâs ini sudah teruji dengan memproduksi banyak hukum. Kata Kunci: Analogi, Rancangan Perundang-undangan, KUHP.

scholarly journals Sertifikat Laik Fungsi pada Bangunan Gedung di Kota Bandung Dalam Kaitannya dengan Izin Mendirikan Bangunan

2021 ◽  
Vol 21 (3) ◽  
pp. 963
Author(s):  
Devi Elora
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Field Research ◽  
Existing Building ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Building Permits ◽  
Library Research ◽  
Specific Implementation ◽  
The City

The rise of buildings in the city of Bandung is a symbol of the development of the city of Bandung itself, but the development of a city must of course refer to the existing rules. The existence of buildings whose utilization is often found to be inconsistent with IMB, in other words, there is a mismatch between SLF and IMB which of course raises problems regarding the use of building functions that are not in accordance with existing building permits. Identification of the problem in this thesis research is how the legal arrangements regarding SLF for buildings are in the presence of an IMB and how is the SLF for buildings that are not used in accordance with the IMB. The research method uses the normative juridical method, which is carried out using library research and field research conducted at institutions related to the issue of building function worthiness certificates in the city of Bandung in relation to building permits. The conclusion obtained in this study is the legal arrangement regarding SLF for buildings in the presence of an IMB which is basically the existence of an SLF located or based on an IMB. SLF is a provision for the use of buildings, while IMB is the legality of the existence of buildings, problems regarding the incompatibility between IMB and SLF can be studied from 3 main subjects of the existence of SLF namely government, society and the rule of law, but what is fundamental is the absence of legal rules regarding specific implementation instructions in The City of Bandung regulates SLF, so that SLF in Bandung City has not been able to run well. SLF of buildings whose utilization is not in accordance with the IMB has the consequence that the use of the SLF that should be in accordance with the IMB must be adjusted to the provisions contained in the IMB.

scholarly journals The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law

2021 ◽  
Vol 7 (2) ◽  
pp. 148-168
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
National Security ◽  
International Law ◽  
Rule Of Law ◽  
Freedom Of Speech ◽  
Limiting Factor ◽  
The Rule Of Law ◽  
It Impacts ◽  
Contemporary Issue ◽  
The People ◽  
The Government

Although brutality can repress a society, it never assures the sustainability of that conquest. Tyranny steers the hopeless to despair, edges to rebellion, and could open the door for a new tyrant to rise. Law becomes a limiting factor that must act as a stopgap to the avaricious intentions of a dictator. A democratic leader must incorporate the supremacy of the law and honest officials into his government. He shall also create courts of law, treat the poorest citizens with fairness and build a hall of justice to bring the society to modernity with the operation of the rule of law enshrined in the constitution. Legislation is nothing without enforcement and Law is no law if not accepted and respected by the people. The rule of law cannot be said to be working in a country where the government continues to violate the orders of the court, unlawfully detain its citizens, abuse human rights including arbitrary and extra-judicial executions, unlawful arrests and detentions, embargo on freedom of speech and press, impunity and inhumane torture, degradation of people or exterminations. This treatise will argue on the supremacy of the “Rule of Law” as it impacts Nigerian democracy. Keywords: Rule of Law; Democracy; Judiciary; Supremacy; Government; Tyranny; Nigerian Constitution

State, Sovereignty, and the People: A Comparison of the “Rule of Law” in China and India

2009 ◽  
Vol 68 (1) ◽  
pp. 55-100 ◽  
Author(s):  
Jonathan K. Ocko ◽  
David Gilmartin
Keyword(s):  
Rule Of Law ◽  
Social Order ◽  
The Political ◽  
British India ◽  
Fourth Section ◽  
The Rule Of Law ◽  
China And India ◽  
The People ◽  
History Of

This paper uses the concept of the “rule of law” to compare Qing China and British India. Rather than using the rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by the rule of law and the rule of man as oppositional yet paradoxically intertwined notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; and the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the twentieth century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of the “rule of law” beyond Euro-America.

Sign in / Sign up

Export Citation Format

Share Document