2. Democratic and Undemocratic States

2009 ◽  
Author(s):  
Richard Rose
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Trial And Error ◽  
The Rule Of Law ◽  
Democratic State ◽  
Gradual Evolution ◽  
The Will ◽  
The Government

This chapter discusses the distinction between democratic and undemocratic states, noting that it is not only about whether there are elections: it is about whether or not it there is the rule of law. When both conditions are met, elections are free and fair and the government is accountable to the electorate. When laws can be bent or broken, unfair elections represent the will of governors more than that of the governed. The chapter first defines democratic states and outlines the characteristics of a democratic state before assessing the state of states today. It then considers three kinds of undemocratic states, namely: constitutional oligarchy, plebiscitarian autocracy, and unaccountable autocracy. It also examines how democratization has more often come about by trial and error rather than through gradual evolution and concludes by analysing the dynamics of democratic and undemocratic states.

3. Democratic and Undemocratic States

2018 ◽  
pp. 40-51 ◽  
Author(s):  
Richard Rose
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Trial And Error ◽  
The Rule Of Law ◽  
Democratic State ◽  
Gradual Evolution ◽  
The Will ◽  
The Government

This chapter discusses the distinction between democratic and undemocratic states, noting that it is not only about whether there are elections: it is about whether or not it there is the rule of law. When both conditions are met, elections are free and fair and the government is accountable to the electorate. When laws can be bent or broken, unfair elections represent the will of governors more than that of the governed. The chapter first defines democratic states and outlines the characteristics of a democratic state before assessing the state of states today. It then considers three kinds of undemocratic states, namely: constitutional oligarchy, plebiscitarian autocracy, and unaccountable autocracy. It also examines how democratization has more often come about by trial and error rather than through gradual evolution and concludes by analysing the dynamics of democratic and undemocratic states.

Pozycja ustrojowoprawna samorządu gminnego w systemie administracji publicznej

2021 ◽  
pp. 140-156
Author(s):  
Bogdan Jaworski
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal Status ◽  
Classical Model ◽  
The State ◽  
Administration System ◽  
The Rule Of Law ◽  
Democratic State ◽  
State Administration ◽  
The Government

Public administration in Poland has taken the form of a system of entities with different tasks and objectives, as well as different competences. It is a part of the classical model based on the functioning of two separate components, such as the state administration, including the government and local self-government. From the perspective of a democratic state governed by the rule of law, the existence of local self-government is extremely important, and even becomes a necessity. Therefore, the deliberations addressed in the paper focus on the functioning of this form of public administration at the lowest level of basic division of the state, which is the commune. The presented research is an attempt to indicate the legal status and position of commune self-government not only in the broadly understood local self-government but also in the whole public administration system.

scholarly journals Varas dalīšana Latvijā. Parlaments un valdība – amatu savienošana

2021 ◽  
pp. 388-393
Author(s):  
Tomass Hodosevičs ◽  
Keyword(s):  
Rule Of Law ◽  
Conflicts Of Interest ◽  
State Power ◽  
The State ◽  
The Rule Of Law ◽  
State Official ◽  
Democratic State ◽  
Concurrent Performance ◽  
The Republic ◽  
The Government

The principle of separation of power as a principle of a democratic state, which is derived from the overriding principle of a state governed by the rule of law and falls within the scope of Article 1 of the Constitution of the Republic of Latvia (Satversme), determines the separation of branches of state power. The need to respect the principle derives from considerations of respect for the freedom of individuals and is well established. There is no doubt that a distinction must be made between authorities belonging to different branches of power, however, a disagreement emerges as regards the categorical nature of the principle of overlapping. Legislation of the Republic of Latvia allows for the concurrent performance of the positions of a member of the parliament and the government, which means that the state official acts simultaneously in the legislative and executive powers. Respective practices can lead to risks such as conflicts of interest and misuse of power.

scholarly journals Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana
Keyword(s):  
Rule Of Law ◽  
House Of Representatives ◽  
Critical Appraisal ◽  
Balance Of Power ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Power Limits ◽  
The Government

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.

scholarly journals Functions of the state: concepts, classifications, scientific interpretations

1970 ◽  
pp. 406-410
Author(s):  
Marharyta Butsan
Keyword(s):  
Rule Of Law ◽  
Public Life ◽  
The State ◽  
Political Life ◽  
Historical Period ◽  
Legal Form ◽  
The Rule Of Law ◽  
The Government ◽  
Cultural Functions ◽  
State Functions

In the article the concept of state functions, realizing which the state carries out a targeted management impact on various spheres of a public life. They show that the government should do to achieve and implement the goals and tasks that lie before him in a certain historical period. Purposes of the functions of the state are the results that must be obtained in implementing the functions, goals can be immediate, intermediate, ultimate. On one stage of historical development, priority may be given to economic, the other political or socio-cultural functions, the third function of defense, etc. At the beginning of its inception, the state played a very small list of functions. The contents of most of them was of a pronounced class character. The functions manifest national characteristics of the country, because the state is obliged to provide the geopolitical interests of the ethnic group, to support the development of national culture, language, and the like. The contents and the list of functions to a large extent depend on the nature of the state, its social purpose in public life. The main duty of the state to maintain a level of social organization that would ensure not only the preservation of the integrity and prosperity of society as a whole, but also the needs of individuals. The article studies scientific approaches with respect to interpretation of the concept of functions, given the existing classification of state functions: the areas of activities of the state, duration and the like. The analysis of existing functions in Ukraine. The human rights function is currently the most relevant. Advocacy function has the expression in activities that are aimed at protecting the rights and freedoms of man and citizen, the rule of law and the rule of law in all spheres of public and political life. The peculiarities of exercise of the functions of the state are divided into legal and organizational. The legal form is a homogenous activity of state bodies related to the adoption of legal acts. Organizational form is a homogenous activity of the state aimed at creating organizational conditions to ensure functions of the state. In Ukraine there are three main forms of implementation of the activities of the state depending on types of activities: legislative, Executive, judicial. The basis for this separation is the provision of the Constitution of Ukraine, which is highlighted in these branches of government. In the implementation of all main functions of the state are actively involved all types of public power in Ukraine.

The Rule of Law and Good Governance

2019 ◽  
pp. 75-90
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Common Law ◽  
The State ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
Judicial Control ◽  
The Common ◽  
The Government ◽  
Continental Tradition

The concept of the rule of law has different—common law and continental—historical roots and traditional perspectives. The common law tradition is more focused on limiting the powers of the state, whereas the continental tradition focuses on not just to limit but also to empower the government. But both systems have a focus on the rule of law. The rule of law in the classical liberal tradition is based on four elements: legality, division and balance of powers, independent judicial control, and protection of fundamental rights. The differences between rule of law and rechtsstaat are: different concepts of the state, mixed legal systems and different approaches of a constitution, and different perspectives on human rights. There are two levels of development: a model in which law is a way of structuring and restricting the power of the state, the second level is more subjective and has important individual positions. The concept of good governance related to these developments makes clear the need to broaden the concept of the rule of law.

An Overview of Good Governance

2019 ◽  
pp. 15-24
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Government

Good governance is needed because of legislative gaps, prevention of corruption, maladministration, and mismanagement, and fragmentation of administrative law norms. The concept of good governance has been developed in addition to aspects which can already be found in the rule of law and democracy concepts but are also related to the institutional framework of the government. The term ‘government’ is used for all the powers in the state; the administration is only one of these powers. These powers must fulfil certain norms, principles which sometimes are unwritten and developed by the judiciary or the ombudsman but more and more codified in the frame of the general (administrative) legislation. All the institutions of the government are involved in the development of these principles of good governance. There is not only a separation between the powers of the state, but more and more there are interactions between these powers in the development of principles of good governance and, hence, there is a balance between these principles. Therefore, there are different producers and sources of good governance.

scholarly journals Implementasi Penerapan Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban (Sudi di Polres Kuningan)

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Haris Budiman dan Gios Adhyaksa
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Trial Judge ◽  
The Rule Of Law ◽  
Operational Costs ◽  
The Law ◽  
The Government ◽  
The Cost ◽  
Unwritten Law

Article 1 (1) of the 1945 Constitution states that, Indonesia is the law of the State in the form of Republic. Therefore, the provisions of the applicable legislation and set the life of the Indonesian nation comes from the law, whether written or unwritten law. One runway is used as basic guidelines in order to achieve justice for all Indonesian people, especially in the field of law, set forth in Article 27 paragraph (1) of the Act of 1945, which reads, "All citizens are equal before the law and government and must uphold the rule of law and without exception. " Protection of witnesses reporting the crime of pornography, the identity of a witness, obviously very secret and confidential examined by the police, even on a trial judge has no right to bring a witness, before the trial because the reporter's identity confidentiality is strictly protected by the Law No. 44 Year 2008 on pornography.  Factors that became penghamabat the police to provide protection against the crime of pornography reporting, that one of the eligibility period and the cost to hold the protection of witnesses and victims must require substantial funds, although basically the police have been very ready to implement the law , subject to the government in terms of a special budget for the program of protection, especially for operational costs in the field.  Keywords: Crime, Pornography, Witness, Protection. 

scholarly journals DERIVING FROM THE BASIC LEGAL AND DEMOCRATIC RULE OF THE STATE AND THE RIGHT OF THE PERSON IN PRINCIPLE TO CARRY OUT MATERIAL-LEGAL CLAIMS ONLY IN PART AS AN EXPRESSION OF A LEGAL AND DEMOCRATIC STATE

2021 ◽  
pp. 57-64
Author(s):  
Reinis Odiņš
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Point Of View ◽  
Normal Theory ◽  
The Rule Of Law ◽  
Democratic State ◽  
Democratic Rule ◽  
Private Autonomy ◽  
The Right ◽  
Democratic Norms

In the article, the author looks at the origin of the principle of the private autonomy from the point of view of the basic normal theory, stating that the basic legal and democratic norms of the country are derived from the rule of law. Moreover, the private autonomy also includes, in principle, the right of a person to exercise the right to carry out material legal claims, even in part, if the person so wishes.

scholarly journals The concept of the State of Law

2015 ◽  
pp. 57-77
Author(s):  
Jerzy Oniszczuk
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Political Systems ◽  
The Rule Of Law ◽  
Democratic State ◽  
The Law ◽  
General Norm

Political systems of various states are currently described as the rule of law states, lawabiding states, democratic states ruled by law, lawful states, or law-governed states?Mostly, it is noticed that the states ruled by law are characterized by the fact that thepower is exercised by the set of abstract principles which govern the conduct of all people(a general norm) by equal rules, in opposition to the state governed by people (the orderof an individual or group of individuals). Such a state acts on the basis of law and withinits limits. The above statement corresponds with the apprehension of the law-abidingstate. The law observing state is formally characterized by functioning on the basis of,and within the limits of law whereas its substantial dimension means that the law is equal(equal for everyone). This description is not sufficient to characterize the rule of the lawstate. It is only a fragment of even broader concept of the democratic state ruled by law.

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