Killing and the king: Numa's murder law and the nature of monarchic authority

2003 ◽  
Vol 18 (3) ◽  
pp. 329-343 ◽  
Author(s):  
JUDY E. GAUGHAN
Keyword(s):  
Political Institutions ◽  
The State ◽  
Decentralized Leadership ◽  
The Difference ◽  
The Republic ◽  
The Right

The author makes the argument that the presence of a murder law during the Roman monarchy and the absence of such a law during the republic reflects the difference in the nature of authority in these two political institutions. The centralized authority of the monarchy demanded a control over the right to kill. An act of homicide practised by another infringed upon the king's authority and so a murder law was promulgated. When the Romans expelled their kings, authority devolved onto individual patres and this decentralized leadership under the republic meant that the act of homicide was no longer a matter of concern for the state.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

The concept and socio-economic essence of the constitution as the fundamental law of the state

2020 ◽  
Vol 59 (10) ◽  
pp. 101-104
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Political Institutions ◽  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
The People ◽  
Legal Document ◽  
The Will ◽  
Fundamental Law ◽  
The Republic ◽  
Fundamental Rights And Freedoms

The Constitution is the fundamental law not only of the state, but also of society, expressing the will of statehood and the sovereignty of the people. The Constitution establishes the fundamental rights and freedoms of man and citizen, socio-political institutions of power and a system of self-government of the people and acts as a legal basis for the formation and development of civil society. The constitution can be viewed as a micromodel, a legal symbol of society. It is within its borders and on its basis that the mechanism of state power operates, the rights and freedoms of citizens are protected, the directions of social development are determined. The Constitution of the Republic of Azerbaijan is a fundamental legal document establishing sovereignty, independence and supremacy of state power. The Constitution of the Republic of Azerbaijan covers not only the structure of the state, but also non-state spheres - the foundations of the socio-economic structure, the cultural life of society, the rights, freedoms and duties of a person and a citizen. Key words: constitution, right, state, law, society, fundamental law, regulation, human rights and freedoms

Art and Science: or Bach as an Expositor of the Bible

1992 ◽  
Vol 28 ◽  
pp. 343-353
Author(s):  
W. R. Ward
Keyword(s):  
East Germany ◽  
The State ◽  
The Bible ◽  
The Enlightenment ◽  
National Tradition ◽  
Long Time ◽  
History Of ◽  
The Difference ◽  
The Republic ◽  
The Moment

For a long time before dramatic recent events it has been clear that the German Democratic Republic has been in die position, embarrassing to a Marxist system, of having nothing generally marketable left except (to use the jargon) ‘superstructure’. The Luther celebrations conveniendy bolstered the implicit claim of the GDR to embody Saxony’s long-delayed revenge upon Prussia; still more conveniendy, they paid handsomely. Even the Francke celebrations probably paid their way, ruinous though his Orphan House has been allowed to become. When I was in Halle, a hard-pressed government had removed the statue of Handel (originally paid for in part by English subscriptions) for head-to-foot embellishment in gold leaf, and a Handel Festival office in the town was manned throughout the year. Bach is still more crucial, both to the republic’s need to pay its way and to the competition with the Federal Republic for the possession of the national tradition. There is no counterpart in Britain to the strength of the Passion-music tradition in East Germany. The celebrations which reach their peak in Easter Week at St Thomas’s, Leipzig, are like a cross between Wembley and Wimbledon here, the difference being that the black market in tickets is organized by the State for its own benefit. If Bach research in East Germany, based either on musicology or the Church, has remained an industry of overwhelming amplitude and technical complexity, the State has had its own Bach-research collective located in Leipzig, dedicated among other things to establishing the relation between Bach and the Enlightenment, that first chapter in the Marxist history of human liberation. Now that a good proportion of the population of the GDR seems bent on liberation by leaving the republic or sinking it, the moment seems ripe to take note for non-specialist readers of some of what has been achieved there in recent years.

scholarly journals Calon Perseorangan dalam Pemilihan Umum Kepala Daerah

2014 ◽  
Vol 4 (01) ◽  
pp. 112-135
Author(s):  
Sri Warjiyati
Keyword(s):  
Political Institutions ◽  
Political Party ◽  
General Election ◽  
Local Election ◽  
Individual Candidate ◽  
The Republic ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Independent Candidates

Abstract: This article discusses the individual candidate in the general election of regional head in political jurisprudence perspective. Before the Mahkamah Konstitusi’s decision No. 5/PUU-V/2007 pointed out, the individual candidate could have enter the two political institutions; first, in the 2004 general election, the individual candidate competed to get into the institution of the Regional Representative Council of the Republic of Indonesia; second, Undang-Undang No. 11 tahun 2006 regarding with the Government of Aceh where the individual candidate could compete with the candidates promoted by the national political party in electing the regional head in all over Aceh. The decision of Mahkamah Konstitusi No. 5/PUU-V/ means that the local head election held in various regions can include the individual independent candidate. In political jurisprudence perspective, mechanism of the individual candidacy in the election has already in accordance with the concept of maslahah al-‘ammah ie. hifdz al-ummah.  In this case, any of the individual independent candidates who nominate themselves as the regional head cannot be discriminated and they deserve the right to nominate to be in line with the Mahkamah Konstitusi’s decision.Keywords: Candidate, individual, local election, jurisprudence, siyasah

scholarly journals On the question of forms and types of property rights in civil law

2020 ◽  
Vol 80 (4) ◽  
pp. 62-67
Author(s):  
Zh. Talipova ◽  
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Property Relations ◽  
Territorial Unit ◽  
The Republic ◽  
Legal Concepts ◽  
The Right

The right of ownership, like property itself, occupies one of the main places in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights of subjects of civil legal relations and are limited in legal personality only by the current legislation.

scholarly journals KONSTRUKSI REALITAS PEMBUBARAN FRONT PEMBELA ISLAM DAN DEMOKRASI

2021 ◽  
Vol 20 (1) ◽  
Author(s):  
Rina Sovianti
Keyword(s):  
Social Life ◽  
Community Organization ◽  
Treatment Recommendation ◽  
Development Communication ◽  
News Stories ◽  
News Source ◽  
The Difference ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

This study aims to know the direction of democracy and know the framing of news in Republika.com and Kompas.com, as well as the implications of the dissolution of FPI to development communication. The uniqueness of this research, FPI is a mass organization with a large number of masses but does not have an organizational license. This study uses the paradigm of constructionism, which considers the reality of social life is not a natural reality. Using the Robert N. Entman method to frame news stories coming from Republika.com and Kompas.com. The difference in framing in Kompas.com media and Republika.com is the news source. Republika.com choose a news source from an Islamic background, while Kompas.com choose a news source who is competent in his field is not based on his religion. In the first framing analysis, the level of problem identification and causal interpretation, the two online media have similarities. However, in terms of moral evaluation and treatment recommendation both media have differences. In Republika.com researchers analyzed treatment recommendations is the rejection of FPI activities. FPI has no legal standing. Kompas.com, his treatment recommendation consideration of the dissolution of FPI is to maintain the existence of ideology and basic consensus of the state of Pancasila, the 1945 Constitution, the integrity of the Republic of Indonesia, and Bhinneka Tunggal Ika. Basically, the right to organize is a constitutional right. If there is no fundamental reason, the dissolution of a community organization should not exist. However, FPI is an organization that offers intolerance in the religious field. 

scholarly journals Loterie jako instrumenty pozyskiwania dochodów państwa w polskim prawie skarbowym w latach 1768-1871

2018 ◽  
Vol 69 (2) ◽  
pp. 89-109
Author(s):  
Michalina Duda-Hyz
Keyword(s):  
The State ◽  
European Countries ◽  
Current Regulation ◽  
The Creation ◽  
The Republic ◽  
Polish Law ◽  
The Right

Lottery is considered to be the first institutionalized form of gambling in Poland, just like in other European countries. The purpose of the introduction of the lottery was to bring funds to the Crown treasury and to the Lithuanian treasury. Subsequently, it was seized by the treasury with the simultaneous stipulation that only the state has the right to organize and receive income from lottery games. This was connected with the creation of a new fiscal prerogative which can be treated as the prototype of the state’s monopoly on the lottery. It is still present in the current regulation pertaining to gambling. Also some of the forms of public burden connected with organizing the lottery, i.e. the tributes charged for the organization of gambling games, seem to possess features similar to contemporary taxes levied for games.The article presents the lotteries which were organized in order to acquire funds for the state treasury from the period of the First Polish Republic until 1871. Furthermore, the paper narrowed the scope of the research to the lotteries which were organized according to the Polish law in order to acquire income for the treasury of the Duchy of Warsaw, the Kingdom of Poland and the Republic of Cracow. The considerations concentrate on the issue of acquiring income for the state from the activity consisting of organizing gambling games. And to be more specific, it concentrates on the type of public tributes which can be construed as the prototype of the present taxes on gambling.

scholarly journals Fikih Pancasila (Reinterpretasi Patriotisme dalam Upaya Meneguhkan Keutuhan NKRI)

2019 ◽  
Vol 10 (2) ◽  
pp. 144-157
Author(s):  
Miftahul Ulum
Keyword(s):  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Public Benefit ◽  
A Value ◽  
Constitutional State ◽  
Religious Law ◽  
Law And Justice ◽  
The Republic ◽  
The Right

Mahfud MD states that the Pancasila State is a constitutional state and is final, even in terms of religious/fiqh law can be declared valid and correct. The results of the ijtihad of the ulama of ushul fiqh also mentioned that the choice of national law based on the Pancasila and the 1945 Constitution of the Republic of Indonesia was the right choice and was recognized syara'. Indonesia's legal state also accepts the spiritual value of religious law. Written law and all procedural provisions (rechtsstaaf) are accepted but must be put in order to uphold justice (the rule of law). Written provisions that prevent justice can be abandoned. This is confirmed in the provisions of Article 24 paragraph (1) of the 1945 Constitution which states that the function of the judicial authority is to enforce law and justice, and Article 28D paragraph (1) concerning the right to obtain legal certainty and Article 28H that the law must be built on the basis of justice benefits. Jurisprudence law with national law has the same substance in maintaining and encouraging the development of a legal system based on social justice and public benefit (al-manfa'ah al-ammah) as has also been voiced and championed by the founders of the state when they are compiling the state ideology, namely Pancasila. Those who are predominantly Muslim have an open attitude to respect and accommodate the interests of other faith groups and religions. Abdurrahman Wahid also emphasized that the founders of the nation (such as Ki Bagus Hadikusumo, Abdul Wahid Hasyim, Kahar Mudzakkar, Agus Salim, and Ahmad Subardjo) who were experts in the field of Jurisprudence had absorbed and adopted the principles and objectives of fiqh law that had a value of justice, benefit, humanity and shura in the Pancasila state system.

scholarly journals Whether the right of pursuit is constitutional property interest protectible against the state II part

2018 ◽  
pp. 89-105
Author(s):  
Nenad Tešić
Keyword(s):  
Organized Crime ◽  
The State ◽  
Good Faith ◽  
Property Interest ◽  
Freezing Procedure ◽  
Proceeds Of Crime ◽  
The Republic ◽  
The Moment ◽  
The Right ◽  
Subjective Rights

The author, in this paper, is looking for Ariadne’s thread, which would help us to find the way through the legal labyrinth composed of justified reaction of the state in the war against organized crime, from one side and what is considered an appropriate protection of secured creditor’s subjective rights, from the other side. He points out that in resolving a dilemma, does the mortgagee have the right to enforce its debt against the Republic of Serbia (right of pursuit), in case if the extended confiscation of property (proceeds of crime) includes subject-matter of mortgage, the court should take into account does the mortgagee know or should know about criminal origins of encumbered assets. The court should evaluate a good faith of the mortgagee, bearing in mind all the circumstances of the case, especially: 1) The moment of a mortgage establishment, i.e. whether the registration of mortgage is prior in time to the initiation of a property freezing procedure; 2) Overall business and other relations between mortgagee and mortgagor, i.e. are these parties associated in any other way? 3) Objective changes in the economic position of mortgagee and mortgagor, i.e.is the security agreement true or simulated, in particular, whether the value of the secured claim actually enhanced the property of the mortgagor and at what consideration.

scholarly journals Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 185-196
Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

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