scholarly journals Colonial imprints: settler-colonialism as a fundamental feature of Israeli constitutional law

2017 ◽  
Vol 13 (3) ◽  
pp. 388-407 ◽  
Author(s):  
Mazen Masri
Keyword(s):  
Legal System ◽  
Constitutional Law ◽  
Settler Colonialism ◽  
The State ◽  
Israeli Society ◽  
Nation State ◽  
Theoretical Frameworks ◽  
Fundamental Feature ◽  
Majority Group ◽  
Constitutional Regime

AbstractMany constitutional questions in Israel are dealt with through the lens of the nation-state paradigm where the state is constitutionally associated with an ethnically and religiously defined majority group. Thus, many of the challenges that face Israeli society and the legal system are often presented as a result of an exceptionally antagonistic majority–minority relationship in a nation-state. This paper offers a novel way of analysing the Israeli constitutional regime using the framework of settler-colonialism. It argues that adding the settler-colonial lens will help better understand many features of Israeli constitutional law. Drawing on theoretical frameworks developed by theorists of colonialism, the paper explores a number of foundational aspects of Israeli constitutional law and demonstrates how they were shaped, and continue to be shaped, by settler-colonialism. The paper argues that settler-colonialism is one of the central features that animate Israeli constitutional law.

Necessities of State: Police, Sovereignty, and the Constitution

2008 ◽  
Vol 20 (1) ◽  
pp. 47-63 ◽  
Author(s):  
Christopher Tomlins
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Indigenous Peoples ◽  
Constitutional Law ◽  
The United States ◽  
The State ◽  
Nation State ◽  
Regulatory Law ◽  
Independent States ◽  
The Law

Over the last fifteen years, legal historians have been exploring conceptualizations of the state and state capacity as phenomena of police. In this essay, I offer a genealogy of police in nineteenth-century American constitutional law. I examine relationships among several distinct strands of development: domestic regulatory law, notably the commerce power; the law of indigenous peoples and immigrants; and the law of territorial acquisition. I show that in state and federal juridical discourse, police expresses unrestricted and undefined powers of governance rooted in a discourse of sovereign inheritance and state necessity, culminating in the increasingly pointed claim that as a nation-state the United States possesses limitless capacity “to do all acts and things which independent states may of right do.”

scholarly journals On Constitutional Law Grounds of the State Policy in the PRC

2020 ◽  
Vol 10 ◽  
pp. 28-34
Author(s):  
Sentong Lu ◽  
Keyword(s):  
Communist Party ◽  
Legal System ◽  
State Policy ◽  
Constitutional Law ◽  
The State ◽  
Important Place ◽  
Communist Party Of China ◽  
Social Law ◽  
Democratic Centralism ◽  
Law Regulation

Purpose. Scientific justification of the idea on the acknowledgment of the role of priority basic constitutional principles as grounds for the constitutional law regulation of the state policy in the PRC. Methodology: dialectics, hermeneutics, synergetics, philosophical conceptology. Conclusions. Holding a discussion on the approaches of the modern comparative linguistics to the identification of the development principles of the Chinese legal system, the author suggests referring the Chinese legal system to the socialist one with national peculiarities, historical succession, Chinese traditions occupying an important place in the development of the socialist principle of democratic centralism of the Communist Party of China. The author notes that the key constitutional principles of organization of government in the PRC are established and developed using the elements of two legal families (far eastern, socialist) and taking into account the Chinese specifics of the ideological origination and development of the Communist Party of China based on the ideas of K. Marx, V. I. Lenin, Chinese leaders and other supporters of the democratic centralism principle. Based on the provisions of the first chapter of the Constitution of the PRC, the author singles out 32 categories of the key principles of the constitutional law formation of the Chinese state directly or indirectly forming the powers of government authorities, state policy fundamentals. Scientific and practical significance. The conclusions of the article are aimed at systematization of the key constitutional principles of organization of government in the PRC classified into: basic, economic, social, law enforcement, administrative-territorial and additional ones. The priority basic principles singled out by the author are designed to form the grounds for the constitutional law regulation of the state policy.

scholarly journals IMPACTOS DA LEGITIMAÇÃO FUNDIÁRIA NO MEIO AMBIENTE URBANO

2020 ◽  
Vol 2 (59) ◽  
pp. 283
Author(s):  
Valmir César POZZETTI ◽  
Rebecca Lucas Camilo Susano LOUREIRO
Keyword(s):  
Environmental Protection ◽  
Urban Environment ◽  
Land Tenure ◽  
Legal System ◽  
Constitutional Law ◽  
The State ◽  
Environmental Study ◽  
Urban Centers ◽  
Normative Analysis

RESUMO Objetivo: Esta pesquisa tem como objetivo identificar quais os possíveis reflexos da legitimação fundiária dos núcleos urbanos informais consolidados ao meio ambiente. Metodologia: A metodologia utilizada, quanto aos meios, é o método dedutivo, por meio de análise doutrinária, bibliográfica e normativa. Quanto aos fins, a metodologia é qualitativa. Resultados: A conclusão a que chegou é de que a legitimação fundiária é um instrumento frágil, que não solucionará o problema da moradia digna no Brasil e trará consequências graves ao meio ambiente das cidades. Contribuições: A exclusão do estudo ambiental e dos projetos de urbanização em todos os casos que não envolvam áreas de proteção ambiental ocasionará um crescimento desordenado e de impossível correção, e para que haja uma real observância dos preceitos constitucionais é necessário que o Estado cumpra o seu dever de organização das cidades e pare de procurar mecanismos para aplacar as obrigações não cumpridas. Palavras-chave: Legitimação fundiária; meio ambiente urbano; ordenamento territorial; regularização urbana. ABSTRACT Objective: This research aims to identify which are the possible reflexes of land tenure legitimacy of informal urban centers consolidated to the environment.Methodology: The methodology used is deductive, through doctrinal, bibliographic and normative analysis. As for the purposes, the methodology is qualitative. Results: The conclusion reached is that land tenure is a fragile instrument, which will not solve the problem of decent housing in Brazil and will have serious consequences for the environment of cities.Contributions: The exclusion of the environmental study and urbanization projects in all cases that do not involve areas of environmental protection will cause a disorderly growth and of impossible correction, and in order to exist a real observance of the constitutional law, it is necessary that the State complies with its duty of organizing cities and stop looking for mechanisms to appease unfulfilled obligations.Keywords: Land tenure legitimization; urban environment; land legal system; urban regularization.

scholarly journals Science of constitutional law as a basis for the development of the state legal system

2021 ◽  
Vol 66 (2) ◽  
pp. 215-224
Author(s):  
G. A. Vasilevich
Keyword(s):  
Legal System ◽  
Constitutional Law ◽  
The State ◽  
Political Pluralism ◽  
Checks And Balances ◽  
The People ◽  
Political Views ◽  
Legal Space ◽  
The Stability

The article analyzes the influence of the science of constitutional law on the formation of constitutional legal relations in the state. The role of scientists in identifying trends in the development of the state and law is reflected. The role of the Constitution as a fundamental act, as an act integrating the entire national legal system, is emphasized. Suggestions are made to improve the system of checks and balances. It is emphasized that the development of constitutional law is influenced by the European legal space. European integration is the most important factor in the process of further development and improvement of national legal systems. A special threat to the stability of the state is created by the split of society, the lack of unity of the people in solving basic issues (property, political pluralism, the real provision of rights and freedoms regardless of political views). The coincidence of constitutional reality and constitutional norms is the most important condition and manifestation of the unity of the state and citizens.

scholarly journals TRANSFORMATION OF STATE SOVEREIGNTY IN MODERN CONDITIONS OF CONSTITUTIONAL LAW DEVELOPMENT

2021 ◽  
pp. 62-65
Author(s):  
V. Shamrai ◽  
I. Sliusarenko
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Constitutional Law ◽  
Effective Means ◽  
Legal Reform ◽  
Legal Regulation ◽  
The State ◽  
State Sovereignty ◽  
Legal Standards ◽  
Legal Globalization

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine

Israel's New Constitutional Imagination: The Nation State Law and Beyond

2019 ◽  
Vol 18 (2) ◽  
pp. 193-220 ◽  
Author(s):  
Amal Jamal
Keyword(s):  
The State ◽  
Political Elite ◽  
Israeli Society ◽  
Political Elites ◽  
Nation State ◽  
State Law ◽  
Declaration Of Independence ◽  
Founding Fathers ◽  
Constitutional Identity

The following analysis of the Israeli Nation State law reflects on the emerging new constitutional imagination in Israel. It argues that this Zionist imagination mirrors the deep sociological and political changes taking place in Israeli society. The hegemonic political elites have transformed the Israeli constitutional identity from one based on constructive legal ambiguity into one rooted in exclusive ethno-theological values. The latter stands in direct negation of the Zionist constitutional formula promoted by the founding fathers of the State as embodied in the 1948 Declaration of Independence. This rhetoric of the Declaration of Independence incorporated liberal values, in spite of the fact that the Labour Zionist political elite of the time was not fully committed to the practical meanings of these values. The current hegemonic elite in Israel views such a veiling strategy as not only unnecessary, but also as hazardous.

scholarly journals Principle of Humanism in the Constitutional Law of the Kyrgyz Republic

2020 ◽  
Vol 6 (5) ◽  
pp. 388-392
Author(s):  
N. Sutalinova ◽  
B. Toktobaev
Keyword(s):  
Research Methods ◽  
Legal System ◽  
Constitutional Law ◽  
Direct Action ◽  
Scientific Research ◽  
The State ◽  
Kyrgyz Republic ◽  
Entire System ◽  
Legal Norms ◽  
To Come

The article is devoted to the study of legal mechanisms for consolidating the principle of humanism in constitutional legislation. The authors, assuming that humanism as a universal, including legal category, is a fundamental guideline for the formation of the legal system of the state, explores the forms of expression of this principle through constitutional and legal norms. At the same time, the authors makes the assumption that humanism, being a comprehensive category, sometimes does not receive that direct fixation in the norms of direct action, which he could count on, given the significance of this principle for the entire system of regulators. In this regard, the author’s sets himself the goal of exploring the mechanisms of legal formation that lead to the desired result of the formation of an array of legal norms that mediate the principle of humanism. To achieve this goal, the author used general and private scientific research methods, which allowed to come to a number of conclusions, including a certain degree of declarativeness in the legal consolidation of the principle of humanism, when it comes to constitutional and legal norms.

Basic Law: Israel as the Nation State of the Jewish People

2020 ◽  
pp. 1-8
Author(s):  
Alon Harel
Keyword(s):  
Jewish Identity ◽  
Legal System ◽  
Liberal Democracy ◽  
Jewish People ◽  
The State ◽  
Nation State ◽  
Basic Law ◽  
History Of ◽  
Universal Values ◽  
Constitutional Evolution

Abstract Basic Law: Israel as the Nation State of the Jewish People declares that Israel is the nation state of the Jewish people. It also includes several symbolic and operative provisions which are designed to strengthen the Jewish character of the state. The Basic Law purports to legally define and entrench the particular rather than universal values of Israel—the values that distinguish Israel from other nations rather than those that are shared by other nations. It anchors the Jewish identity of the state in its formal constitutional structure. My aim in this article is to present the history of the constitutional evolution of Israel and then to describe the conservative reactions to the constitutional liberalization of Israel. Then, I turn to examine the Basic Law, its provisions, and the arguments of advocates and opponents. Last, I evaluate its impact on the Israeli legal system. I shall argue that the Basic Law is part of a systematic attack on democratic liberties in Israel that may eventually transform Israel from a liberal democracy to an authoritarian democracy.

scholarly journals K postavení menšin na území státu izrael v kontextu mezinárodního práva a zákona o národním státě

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 129-152
Author(s):  
Veronika d'Evereux
Keyword(s):  
International Law ◽  
Racial Discrimination ◽  
Jewish People ◽  
The State ◽  
Israeli Society ◽  
Nation State ◽  
Public International Law ◽  
Legal Provisions ◽  
Basic Law ◽  
State Of Israel

The New Israeli Basic Law that was adopted in 2018 called “Israel – the Nation State of the Jewish People” divided the Israeli society. Part of the inhabitants accepted this law with enthusiasm because of its emphasis on the reasons why the State of Israel was established. On the contrary, the more secular part of Israeli society, as well as the minority citizens, strongly objected to this law and described it as an unjust disregard of the non-Jewish citizens, an act of racial discrimination or even an apartheid. The aim of this paper is mainly to examine selected provisions of this law, i.e., the provisions related to the Israeli citizens, under public international law and find out to what extent these legal provisions are in accordance with or in contrary to international law.

Untimely Development, Ugly History:A Drama in Muslinand the Rejection of National-Historical Time

2013 ◽  
Vol 3 (2) ◽  
pp. 161-183
Author(s):  
Mary L. Mullen
Keyword(s):  
Everyday Life ◽  
The State ◽  
The Political ◽  
Nation State ◽  
The Novel ◽  
Historical Time ◽  
Political Processes ◽  
The Core

This article considers the politics and aesthetics of the colonial Bildungsroman by reading George Moore's often-overlooked novel A Drama in Muslin (1886). It argues that the colonial Bildungsroman does not simply register difference from the metropolitan novel of development or express tension between the core and periphery, as Jed Esty suggests, but rather can imagine a heterogeneous historical time that does not find its end in the nation-state. A Drama in Muslin combines naturalist and realist modes, and moves between Ireland and England to construct a form of untimely development that emphasises political processes (dissent, negotiation) rather than political forms (the state, the nation). Ultimately, the messy, discordant history represented in the novel shows the political potential of anachronism as it celebrates the untimeliness of everyday life.

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