Part III Structure of State Government, 9 The State Legislative Branch

2009 ◽  
Author(s):  
Williams Robert F
Keyword(s):  
State Government ◽  
Direct Democracy ◽  
State Legislatures ◽  
The State ◽  
State Constitutions ◽  
The People ◽  
Legislative Branch ◽  
State Legislative

This chapter discusses the fact that state constitutions create a legislative branch that is substantially different from the federal Congress. Most importantly, state legislatures exercise reserved, plenary power subject only to limitations in the state or federal Constitutions. The federal Congress, by contrast, exercises enumerated, delegated power. In addition, the state legislatures are subject to a variety of limitations on the process of lawmaking that are contained in state constitutions. The chapter discusses the variety of approaches to judicial enforcement of these procedural limitations. Finally, in a number of states, the state legislature's lawmaking power is shared with the people, who can enact or defeat laws through direct democracy, or the initiative and referendum processes.

Part IV Separation of Powers, Ch.16 Legislature: composition, qualifications, and disqualifications

2016 ◽  
Author(s):  
Madhavan MR
Keyword(s):  
Separation Of Powers ◽  
State Legislatures ◽  
The State ◽  
Federal State ◽  
Indian Constitution ◽  
The People ◽  
Legislative Branch ◽  
Form Of Government

This chapter discusses the composition of Parliament and the State legislatures in India. It examines the qualifications and disqualifications applicable for membership to the legislative branch of government. India is a federal state, with a parliamentary form of government comprised of legislatures at the Union and State levels. The Indian Parliament consists of two Houses: the Rajya Sabha (the Council of States) and the Lok Sabha (the House of the People). The Rajya Sabha is an indirectly elected House whose members represent various States and Union Territories, whereas members of the Lok Sabha are directly elected from territorial constituencies. This chapter first considers some of the issues relating to the composition of the Rajya Sabha and Lok Sabha before explaining the qualifications and disqualifications of members of both Houses. In doing so, it provides an account of Articles 79 to 104 (Parliament) and Articles 168 to 193 (State legislatures) of the Indian Constitution.

Gaining Voice

2019 ◽  
Author(s):  
Christopher J. Clark
Keyword(s):  
State Government ◽  
Black People ◽  
State Legislatures ◽  
Black Population ◽  
State Legislature ◽  
The State ◽  
Black Representation ◽  
Black Public Opinion ◽  
The One ◽  
State Legislative

This book adopts a multifaceted approach to study of black state legislators across the country. Using the descriptive representation framework, multiple facets of black representation are studied. Black seat share is the primary facet considered, and it is measured as the proportion of seats held by blacks in the state legislature. The black representation ratio measures the black seat share relative to the black population share. Parity exists when blacks are represented in the state legislature at a rate that matches their population share. Legislative black caucuses are also studied in this work, representing the institutionalization of the black presence in state legislatures. The first half of the book shows that while black people are critical for explaining black representation in state legislatures, that institutional and non-racial demographic factors also account for the black seat share, black representation ratio, and emergence of state legislative black caucuses. A “demographics is destiny” explanation insufficiently accounts for blacks gaining voice in state legislatures. The second half the book considers the consequences of black representation in state government. On the one hand, a greater black presence increases education spending, black political involvement, and liberalizes black public opinion. On the other hand, an increased black presence is linked with less liberal welfare policy, in particular in places where Democrats hold the majority of state legislative seats. Thus, an increased black presence in the legislature can be seen as a double-edged sword.

scholarly journals La législature québécoise peut-elle implanter un système complet d'initiative et de référendum ?

2005 ◽  
Vol 22 (3-4) ◽  
pp. 695-721
Author(s):  
Karl Delwaide
Keyword(s):  
Direct Democracy ◽  
Case Law ◽  
The State ◽  
Large Power ◽  
Course Of Action ◽  
The People ◽  
Parliamentary Sovereignty ◽  
Responsible Government ◽  
The Subject ◽  
State Legislative

In this article, the author asks himself whether it would be permissible for the Quebec Legislature to implement a full and complete initiative and referendum scheme, thereby giving to the people the means to enact their own laws. And the answer brought about is in the affirmative. The author reaches that conclusion, first, by looking at the concepts of sovereignty in the state, legislative supremacy and parliamentary sovereignty. The second step is related to the analysis of the power attributed to the Legislature to modify its own constitution. The author assumes that this large power of legislation coupled with the principle of legislative supremacy should be sufficient to make a court of justice sustain the constitutional validity of the legislative implementation of a complete initiative and referendum process. But some exceptions are made to that large and supreme legislative power. The « Office of Lieutenant Governor », the idea of making the Legislature the sole legislative organ in the state, the principles of representative democracy and responsible government, and the impossibility of binding the Legislature's future course of action are among the exceptions discussed in this article. Finally, the author urges the reader to take a new look at the case-law on the subject keeping in mind that traditonal values of government are not stuck in concrete: The B.N.A. Act, has it been recognized, has to keep up with today's reality. Direct democracy may be part of this reality.

scholarly journals Dominasi dan ketidakadilan negara dan korporasi dalam kasus bencana lumpur Lapindo

2017 ◽  
Vol 30 (2) ◽  
pp. 150
Author(s):  
Oman Sukmana
Keyword(s):  
Resource Management ◽  
State Government ◽  
Oil And Gas ◽  
The State ◽  
Group Discussions ◽  
Disaster Victims ◽  
The People ◽  
Data Collection Process ◽  
The Government

The domination of the state (government) and Corporate (PT LBI) in the oil and gas resource management lead Lapindo mudflow disaster that caused misery to the people. This study aims to assess the forms of domination and injustice by the state (government) and the corporation in the case of Lapindo mudflow disaster, and how Lapindo mudflow disaster victims negotiate (resist) against the state (government) and corporations in an effort to fight for their rights. This study used a qualitative approach with case study. Subjects and informantsresearch include: (1) Lapindo mudflow disaster victims; (2) group coordinator of Lapindo mudflow disaster victims; (3) Public figures Siring village, Tanggulangin, Renokenongo, Jabon, and Jatirejo, Porong district, Sidoarjo; (4) Representation of the corporation (PT. LBI); and (5) Representation of BPLS. The data collection process using the in-deepth interviews, observation, focus group discussions, and review documents. Stage processing and data analysis includes the coding process, memoing, and concept mapping. The results showed that the government (the state) and the corporation (PT LBI) action dominating the oil and gas resource management in the area of Porong district, Sidoarjo regency, East Java, resulting misery for the victims (people). Forms of injustice felt by residents Lapindo mudflow disaster victims not only related to the issue of compensation for land and building assets alone, but more than that, including various dimensions. Through a variety of collective action, such as demonstrations and negotiations, Lapindo mudflow disaster victims filed various charges, such as demands for payment of compensation for land and building assets destroyed.

scholarly journals The article of the legislature in the Missouri Constitution of 1875

1919 ◽  
Author(s):  
◽  
Morris Ensley Dry
Keyword(s):  
State Government ◽  
The State ◽  
Legislative Branch

Text from Introduction: "The purpose of this paper is to determine so far as possible the inf1uences responsible for the provisions in the Missouri Constitution of 1875 dealing with the organization and functions of the legislative branch of the state government."

scholarly journals Kajian Kesejahteraan Rakyat dan Kesejahteraan Negara di Indonesia

Humaniora ◽  
2012 ◽  
Vol 3 (1) ◽  
pp. 194
Author(s):  
Tukino Tukino
Keyword(s):  
Qualitative Research ◽  
Welfare State ◽  
State Government ◽  
Analytical Method ◽  
Descriptive Analysis ◽  
The State ◽  
Field Observations ◽  
The People ◽  
Set Up ◽  
The Welfare State

The goal of the article was to remind the state authorities in order to realize that Indonesia was set up aiming for the welfare of the people. Qualitative research was conducted. Data obtained from literature studies and field observations. The analytical method used was descriptive analysis. The results indicate that Indonesia are often far from people's expectations. Authorities, especially of late just thinking about state power without thinking about the lives of the people in general. Indeed, attention to the people of Indonesia by a regime that ever existed up and down sometimes. However, in recent times with the number of cases that exist in the country of Indonesia plus the slogan 'the autopilot' illustrates that the country further and further away from the people themselves. Therefore, the need for Indonesia to return the State Government to be more focused on the welfare of the people widely in the framework towards the welfare state because that is true the goals of Indonesia country was built.  

Making Good: On Parole in Early Twentieth-Century Illinois

2020 ◽  
Vol 19 (3) ◽  
pp. 369-389
Author(s):  
Morgan Shahan
Keyword(s):  
State Government ◽  
State Legislatures ◽  
The State ◽  
Turn Of The Century ◽  
Early Years ◽  
Voluntary Organizations ◽  
Former Prisoners ◽  
Gender Ideals ◽  
Parole System ◽  
And Gender

AbstractParole laws, passed by most state legislatures at the turn of the century, provide for the release of prisoners before the expiration of their maximum sentence and for their supervision during their transition to free society. This article explores the early years of the parole system in Illinois. While the Illinois parole law indicated that parole agents would watch over ex-prisoners and aid in their rehabilitation, the state instead relied on private individuals, businesses, and voluntary organizations to supervise parolees. Agreements forged between prison officials and these supervisors illustrate the extent to which the private sector took on the functions of the state during the Progressive Era. As a result, employers and voluntary organizations developed a range of surveillance practices to maintain control over former prisoners, using informal systems of assessment and notions of success to evaluate the parolees in their charge. Though the parole system represented innovation on the part of the Illinois state government—a nod to emergent rehabilitative frameworks in penology—the reliance on voluntary organizations and businesses wove older class and gender ideals into this newer, purportedly more scientific and objective institution. This essay illuminates the everyday challenges of life on parole, tracing the experiences of ex-prisoners during the process of reentry and exposing the constant negotiations between employers, voluntary organizations, prisons, and parolees.

State Conformity with Federal Tax Changes

2010 ◽  
Vol 32 (2) ◽  
pp. 27-51 ◽  
Author(s):  
Michaele Morrow ◽  
Robert Ricketts
Keyword(s):  
Federal Government ◽  
Generalized Estimating Equations ◽  
State Legislatures ◽  
Estimating Equations ◽  
The State ◽  
State Legislators ◽  
Factors Associated ◽  
Tax Legislation ◽  
Tax Changes ◽  
State Legislative

ABSTRACT: We examine the decisions by state legislatures to conform to or decouple from federal tax legislation. We use a generalized estimating equations (GEE) approach to estimate the parameters of a model of factors associated with the state legislative decisions to conform their own tax systems to accommodate 11 federal tax reductions implemented between 2002 and 2008. Our model predicts that state legislators consider political, budgetary, and ease of compliance factors when considering whether to adopt federal tax changes into their own states’ tax codes. Our results are generally consistent with expectations, identifying several factors that are associated with the probability that a state will incorporate revenue-reducing tax changes implemented by the federal government. Our results also suggest that although state legislators appear to value conformity with the tax initiatives of the federal government, given rising budgetary pressures, state conformity with such legislation is likely to decrease in coming years.

scholarly journals MASYARAKAT EKONOMI ASEAN (MEA) 2015 DAN TANTANGAN NEGARA KESEJAHTERAAN

2017 ◽  
Vol 24 (2) ◽  
pp. 124-134
Author(s):  
Fathoni Fathoni
Keyword(s):  
Free Trade ◽  
State Government ◽  
Early Warning ◽  
Early Warning System ◽  
Warning System ◽  
The State ◽  
Security Measures ◽  
Sovereign State ◽  
The People ◽  
Role Of The State

ABSTRACT  Indonesia is a sovereign state. The word here is not only sovereign denotatively meaning that the state government does not have power under the jurisdiction of another country. State government meant for the welfare of the people. When it is associated with free competition among countries, it can be more about the role of the state in protecting its citizens in order to avoid what is, according to Hobbes as "homo homini lupus". This is the challenge of the welfare state, which the state must not fail to welfare. The existence of cases of state failure to provide protection for its citizens, especially in free trade has become a scourge for the people. People who are not able to compete in free trade, in the end just be a spectator and does not play a role in the AEC 2015. State efforts to protect the people by improving competitiveness, increasing export volume, prioritizing the use of domestic goods / services. In the area of regulation, needs to set rules on security measures and monitoring domestic products to circulate goods and services, as well as by applying Early Warning System against the possibility of import surges.  Keywords: sovereign, state welfare, competitiveness, AEC 2015 ABSTRAKIndonesia adalah negara yang berdaulat. Kata berdaulat disini tidak saja bermakna denotatif bahwa negara memiliki kekuasaan pemerintahan yang tidak tunduk pada kekuasaan negara lain. Penyelenggaraan negara dimaksudkan untuk mewujudkan kesejahteraan rakyat. Bila dikaitkan dengan persaingan dengan negara lain, maka dapat ditarik lagi tentang peran negara dalam melindungi warganya agar tidak terjadi apa yang menurut Hobbes sebagai “homo homini lupus”. Inilah tantangan negara kesejahteraan tersebut, dimana negara tidak boleh gagal. Adanya kasus-kasus tentang gagalnya negara dalam memberikan perlindungan bagi warganya, terutama dalam perdagangan bebas telah menjadi momok bagi rakyat. Rakyat yang tidak mampu bersaing dalam perdagangan bebas, pada akhirnya hanya menjadi penonton dan tidak memainkan peranan dalam MEA 2015.Upaya negara dalam melindungi rakyat antara lain dengan meningkatkan daya saing, meningkatkan volume ekspor, mengutamakan penggunaan barang/ jasa dalam negeri. Di bidang regulasi, perlu ditetapkan peraturan tentang tindakan pengamanan produk dalam negeri dan pengawasan terhadap barang beredar dan jasa, serta dengan menerapkan Early Warning System terhadap kemungkinan terjadinya lonjakan impor. Kata kunci: berdaulat, negara kesejahteraan, daya saing, MEA 2015

scholarly journals MELAKA IN MALAYSIAN GEOPOLITICS ON PRE GE-14, GE-14 AND POST GE-14

2021 ◽  
Vol 6 (24) ◽  
pp. 144-176
Author(s):  
Junaidi Awang Besar
Keyword(s):  
State Government ◽  
Rural Areas ◽  
Urban Areas ◽  
The State ◽  
General Election ◽  
The Political ◽  
Secondary Sources ◽  
Ethnic Chinese ◽  
The People ◽  
First Time

Malacca is a state that has a mix of voters of 58 percent of voters are ethnic Malays. Malay voters in the state known for its rigid and fanatical supporters of UMNO makes the majority of Malays in the country contributed to a major victory for the BN/UMNO in the general election. The state is known for its legendary Hang Tuah with the slogan "Tak Melayu Hilang Di Dunia" has loyal voters who support UMNO is also a sacred Malay party since before independence. But since the 2008 general election, Chinese voters who originally also supported BN have turned to DAP and other opposition component parties. Urban areas and the majority of ethnic Chinese voters continue to be dominated by DAP and its allied opposition parties. The culmination of the 14th General Election (GE), 2018, finally the state fell to the opposition party pact, Pakatan Harapan (PH) with a slim majority with 15 DUNs won by PH compared to 13 DUNs controlled by BN. Therefore, the purpose of writing this article is to analyze the State of Melaka in Malaysian geopolitics in the pre-GE-14, GE-14, and post-GE-14. Based on the analysis of GE 2018 results data, field observations and analysis of secondary sources such as journal articles and conference papers, the findings show that PH's success in capturing the Melaka from BN is an amazing event and beyond the expectations of all parties. However, the political change was due to national issues and the determination to bring down BN by voters, especially the young or first-time voters. Although PH managed to capture the Melaka PH only won with a slim majority of only 2 DUNs. PH win in urban areas and the majority of ethnic Chinese and the BN/UMNO continues to excel in the rural areas and the majority ethnic Malays. Then when BERSATU left PH and formed the National Alliance (PN) together with BN/UMNO, PAS, GPS, and GBS which controlled the Federal Government in March 2020 then the Melaka State Government also fell from PH to PN led by BN as a result of the party jump by two BERSATU assemblymen, one PKR assemblyman and one DAP assemblyman made PN controls 17 DUN seats while PH only has 11 DUN seats left. Such is the science of politics, nothing is impossible and politics itself is dynamic, artistic, and sometimes difficult to anticipate. Therefore, all parties must accept the political decision of the people of Melaka and give the opportunity to the leadership of the State Government to carry out their responsibilities as rulers in this state to implement the manifesto or 'commitment' during the five years of their rule in this historic state.

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