scholarly journals The Federal Constitutional Court's Emergency Power to Intervene: Provisional Measures Pursuant to Article 32 of the Federal Constitutional Court Act

2001 ◽  
Vol 2 (13) ◽  
Author(s):  
Andreas Maurer
Keyword(s):  
Common Good ◽  
Constitutional Court ◽  
The Common Good ◽  
High Profile ◽  
Federal Constitutional ◽  
Emergency Power ◽  
The Common ◽  
Temporary Injunction

In three high-profile cases the Bundesverfassungsgericht (BVerfG — Federal Constitutional Court) was recently called upon to exercise its authority to issue a temporary injunction in proccedings referred to as einstweilige Anordnungen (provisional measures). Article 32 of the Bundesverfassungsgerichtgesetz (BVerfGG — Federal Constitutional Court Act) provides: In a dispute the Federal Consitutional Court may deal with a matter provisionally by means of a temporary injunction if this is urgently needed to avert serious detriment, ward off imminent force or for any other important reason for the common good.

scholarly journals The Legal Category "Public Good" in the Interpretation of the Constitutional Court of the Russian Federation

Lex Russica ◽  
2019 ◽  
pp. 78-84 ◽  
Author(s):  
P. L. Likhter
Keyword(s):  
Russian Federation ◽  
Common Good ◽  
Individual Autonomy ◽  
Constitutional Court ◽  
Public And Private ◽  
The Common Good ◽  
Private Interests ◽  
The Russian Federation ◽  
The Common ◽  
The Individual

The paper is devoted to the Russian Federation Constitutional Court understanding of the permissible limits of individual autonomy and boundaries of its limitation for the common good.Constitutional axiology as a form of direct relation to the model and practice of actual constitutionalism functions as the basis for the formation of a social policy. In Russia, economic cataclysms reveal problems in the system of pensions, taxation, employment and education. We are witnessing a certain deformation of the legal consciousness of the population. Such turning points inevitably raise questions about the best balance between the interests of the individual, society and the state.The threat of imbalance between public and private interests stimulates the highest judicial authorities to interfere in the formation of the hierarchy of constitutional and legal values. Increasingly, the Constitutional Court of the Russian Federation deals with issues of the common good, the need to take into account public interests in the resolution of tax, labor, civil and other types of disputes.

Speaking for Islam

2009 ◽  
Vol 26 (3) ◽  
pp. 110-127
Author(s):  
Abdoulaye Sounaye
Keyword(s):  
Common Good ◽  
The State ◽  
Institutional Transformation ◽  
The Political ◽  
Religious Authority ◽  
The Common Good ◽  
The Common ◽  
Religion And State ◽  
Islamic Values ◽  
French Model

Unexpectedly, one of the marking features of democratization in Niger has been the rise of a variety of Islamic discourses. They focus on the separation between religion and the state and, more precisely, the way it is manifested through the French model of laïcité, which democratization has adopted in Niger. For many Muslim actors, laïcité amounts to a marginalization of Islamic values and a negation of Islam. This article present three voices: the Collaborators, the Moderates, and the Despisers. Each represents a trend that seeks to influence the state’s political and ideological makeup. Although the ulama in general remain critical vis-à-vis the state’s political and institutional transformation, not all of them reject the principle of the separation between religion and state. The Collaborators suggest cooperation between the religious authority and the political one, the Moderates insist on the necessity for governance to accommodate the people’s will and visions, and the Despisers reject the underpinning liberalism that voids religious authority and demand a total re-Islamization. I argue that what is at stake here is less the separation between state and religion than the modality of this separation and its impact on religious authority. The targets, tones, and justifications of the discourses I explore are evidence of the limitations of a democratization project grounded in laïcité. Thus in place of a secular democratization, they propose a conservative democracy based on Islam and its demands for the realization of the common good.

What Theology Should and Should Not Learn from the Social Sciences About the Common Good

2017 ◽  
Author(s):  
Mary L. Hirschfeld
Keyword(s):  
Social Sciences ◽  
Common Good ◽  
Human Life ◽  
Social Thought ◽  
Extensive Literature ◽  
Human Flourishing ◽  
Catholic Social Thought ◽  
The Common Good ◽  
The Social ◽  
The Common

There are two ways to answer the question, What can Catholic social thought learn from the social sciences about the common good? A more modern form of Catholic social thought, which primarily thinks of the common good in terms of the equitable distribution of goods like health, education, and opportunity, could benefit from the extensive literature in public policy, economics, and political science, which study the role of institutions and policies in generating desirable social outcomes. A second approach, rooted in pre-Machiavellian Catholic thought, would expand on this modern notion to include concerns about the way the culture shapes our understanding of what genuine human flourishing entails. On that account, the social sciences offer a valuable description of human life; but because they underestimate how human behavior is shaped by institutions, policies, and the discourse of social science itself, their insights need to be treated with caution.

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