In Search of Judicial Activism in the Same-Sex Marriage Cases: Sorting the Evidence from Courts, Legislatures, Initiatives and Amendments

2010 ◽  
Vol 8 (1) ◽  
pp. 111-126 ◽  
Author(s):  
Scott Barclay
Keyword(s):  
Political System ◽  
Federal Courts ◽  
The Political ◽  
Same Sex ◽  
Philosophical Discussion ◽  
Constitutional Amendments ◽  
Same Sex Marriage ◽  
Elected Representatives ◽  
President Bush

In 2006, President Bush publicly stated that, in relation to the same-sex marriage issue, “activist judges” were thwarting the preferred policy of the elected representatives and the expression of popular will embodied in popular initiatives and constitutional amendments. Notwithstanding the philosophical discussion of the constitutionally assigned role of courts in the political system and the idea of judicial independence, President Bush's statement raises an interesting empirical question: In the case of same-sex marriage, have state and federal courts really acted in direct opposition to the expressed policy preferences of current or recent legislative majorities or overturned popular initiatives and constitutional amendments? Using evidence from state and federal legislative and judicial action around same-sex marriage primarily from the fifteen years preceding President Bush's 2006 statement, I argue that, with some rare exceptions, judges can not easily be identified as “activist” on the issue of same-sex marriage even if we assess their actions according to President Bush's criteria.

PERAN ULAMA SELAKU PEWARIS NABI DALAM KONTESTASI PEMILU-PILPRES TAHUN 2019 DI INDONESIA

2020 ◽  
Author(s):  
abdul muiz amir
Keyword(s):  
Political System ◽  
The Political ◽  
Archival Data ◽  
Political Event ◽  
Online Social Media ◽  
The People ◽  
Religious Issue ◽  
The Face ◽  
Religion And State

This study aims to find a power relation as a discourse played by the clerics as the Prophet's heir in the contestation of political event in the (the elections) of 2019 in Indonesia. The method used is qualitative based on the critical teory paradigm. Data gathered through literary studies were later analyzed based on Michel Foucault's genealogy-structuralism based on historical archival data. The findings show that, (1) The involvement of scholars in the Pemilu-Pilpres 2019 was triggered by a religious issue that has been through online social media against the anti-Islamic political system, pro communism and liberalism. Consequently create two strongholds from the scholars, namely the pro stronghold of the issue pioneered by the GNPF-Ulama, and the fortress that dismissed the issue as part of the political intrigue pioneered by Ormas NU; (2) genealogically the role of scholars from time to time underwent transformation. At first the Ulama played his role as well as Umara, then shifted also agent of control to bring the dynamization between the issue of religion and state, to transform into motivator and mediator in the face of various issues Practical politic event, especially at Pemilu-Pilpres 2019. Discussion of the role of Ulama in the end resulted in a reduction of the role of Ulama as the heir of the prophet, from the agent Uswatun Hasanah and Rahmatan lil-' ālamīn as a people, now shifted into an agent that can trigger the division of the people.

Trade Unions

2018 ◽  
Author(s):  
Richard Whiting
Keyword(s):  
Trade Unions ◽  
Political System ◽  
The State ◽  
The Political ◽  
British Politics ◽  
Modern Britain ◽  
The Individual ◽  
The Relationship ◽  
Critical Moments

In assessing the relationship between trade unions and British politics, this chapter has two focuses. First, it examines the role of trade unions as significant intermediate associations within the political system. They have been significant as the means for the development of citizenship and involvement in society, as well as a restraint upon the power of the state. Their power has also raised questions about the relationship between the role of associations and the freedom of the individual. Second, the chapter considers critical moments when the trade unions challenged the authority of governments, especially in the periods 1918–26 and 1979–85. Both of these lines of inquiry underline the importance of conservatism in the achievement of stability in modern Britain.

The Role of the M.P. in Tanzania

1970 ◽  
Vol 64 (3) ◽  
pp. 754-771 ◽  
Author(s):  
Raymond F. Hopkins
Keyword(s):  
Political System ◽  
The Political ◽  
National Assembly ◽  
Political Processes ◽  
Authority Relationships ◽  
New States ◽  
And Shifts ◽  
The Military ◽  
National Legislatures

The study of politics in “developing” countries has tended to focus on the less formal organs of government, such as political parties, the military, the bureaucracy, and even the educational system. National legislatures have often been ignored or rated of little significance in the political processes of these states. This practice contrasts markedly with the attention paid to legislatures in Western states. The most obvious explanation for it is that legislatures in new states tend to have little influence. Important decisions and shifts in power are usually made or recorded elsewhere in the political system.The Bunge, or National Assembly, of Tanzania is no exception to this general phenomenon. Nevertheless, an examination of the role of M.P.'s in Tanzania can be illuminating. The Bunge contains most of the major political leaders and has, at least constitutionally, broad authority. As a consequence, if the Assembly is to be only a weak political body, then informal norms limiting the powers of the M.P.'s role must exist. Moreover, these norms should prescribe authority relationships between the legislature and other policy shaping bodies in the political system, particularly the Party. Thus, an analysis of the roles of these men can provide important insights not only into the functions of the Bunge, but also into the elite political culture of Tanzania and the pattern of politics which this culture supports.

scholarly journals The Role of Bureaucracy during the Ayub Regime in Pakistan

2012 ◽  
Vol 2 (1) ◽  
pp. 150
Author(s):  
Prof. Dr. Razia Musarrat ◽  
Muhammad Salman Azhar
Keyword(s):  
Political System ◽  
Freedom Of Speech ◽  
The Political ◽  
Bureaucratic Structure

The focus of this research is the Pakistan’s bureaucratic structure and its workings during the Ayub Khan’s regime in Pakistan. Authors explore the political system during the Ayub Khan regime and point out that this system was not really political but that was bureaucratic in its nature where people have least freedom of speech.

scholarly journals Sexual rights, Religion and Post-Neoliberalism in Argentina (2003–2015)

2018 ◽  
Vol 8 (1) ◽  
pp. 84-101
Author(s):  
Daniel Jones ◽  
Lucía Ariza ◽  
Mario Pecheny
Keyword(s):  
Sexual Politics ◽  
Gender And Sexuality ◽  
Sexual Rights ◽  
Religious Leaders ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Pope Francis ◽  
Religious Actors

This paper examines the relation between sexual politics and post-neoliberalism/populism in Kirchners’ Argentina between 2003 and 2015, focusing on the role of religious actors. Despite the opposition of religious leaders, including that of Archbishop Jorge Bergoglio (now Pope Francis), Argentina advanced in the recognition of gender and sexual rights during the Kirchners’ administrations. Conflicts around gender and sexuality, particularly around same-sex marriage, explain some of the tensions between political and religious actors in the period. The focus of this paper on sexual politics shows that the Kirchners’ administrations, unlike other traditional populist or post-neoliberal administrations, had a strong liberal component, which explains the tensions between that populist government and conservative religious actors.

Same-Sex Relationships

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Law ◽  
Same Sex ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
The Social ◽  
The Family ◽  
Traditional Marriage ◽  
The Right ◽  
Constitutional Analysis

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

The Implications of Religious Liberty

2017 ◽  
pp. 143-162
Keyword(s):  
Religious Freedom ◽  
Religious Liberty ◽  
The Political ◽  
Marriage Equality ◽  
Same Sex ◽  
Protection Measures ◽  
Same Sex Marriage ◽  
Public Discussion ◽  
The Public ◽  
Faith Based

The political terrain surrounding the legalization of same-sex marriage and the need to accommodate individual's faith based objections have been part of the public discussion since the passage of initial marriage equality statutes. These exemptions played an important part in the bill's passage and have gone largely unquestioned from proponents of marriage equality. This chapter discusses the heightened lawmaking efforts by opponents insisting on broad protection measures for religious claims based on opposition directed towards homosexuality. This Chapter discusses the resulting tension between religious freedom and marriage equality.

Politicians, Judges, and the Charter

2008 ◽  
Vol 21 (1) ◽  
pp. 227-238
Author(s):  
L.W. Sumner
Keyword(s):  
Judicial Review ◽  
Political System ◽  
Common Law ◽  
Recent Book ◽  
The Political ◽  
Court Decisions ◽  
Democratic Process ◽  
Political Views ◽  
Political Right

The complaint is a familiar one: unelected, politically unaccountable judges are using their powers of judicial review to subvert the democratic process by shaping public policy in accordance with their own personal moral/political views. It is tempting to dismiss this complaint as the grumbling of those, usually (though not invariably) on the political right, who have been disaffected by court decisions with which they personally disagree. But this temptation must be resisted, since the critics of judicial review, such as Jeremy Waldron, raise important issues about the role of judges in a democratic political system. In his recent book A Common Law Theory of Judicial Review, Wil Waluchow responds to the critics' arguments. This Critical Notice outlines his response and assesses its adequacy.

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