1 Introduction to the Colombian Constitution of 1991 and the Constitutional Court

2017 ◽  
Author(s):  
Espinosa Manuel José Cepeda ◽  
Landau David
Keyword(s):  
Social Context ◽  
Judicial Review ◽  
Constitutional Court ◽  
Constitutional Convention ◽  
The Core ◽  
Core Concepts ◽  
History Of ◽  
The Creation ◽  
Dominant Theory ◽  
Core Features

This chapter gives background to the reader regarding the creation of the Colombian Constitution of 1991 and the Colombian Constitutional Court. It covers the history of judicial review in Colombia before 1991, the debates regarding the creation of the Constitutional Court at the 1991 Constitutional Convention, and the core features of the 1991 Colombian Constitution. It also explains the organization and powers of the Court, its dominant theory of interpretation, and the evolving judicial role in the Colombian political and social context. The information in this chapter is essential for the reader to understand core concepts and context for the cases explored in the rest of the volume.

scholarly journals Legal-Political Paradigm of Indonesian Constitutional Court: Defending a Principled Instrumentalist Court

2020 ◽  
Vol 6 (1) ◽  
pp. 36
Author(s):  
Mirza Satria Buana
Keyword(s):  
Judicial Review ◽  
Review Process ◽  
The Political ◽  
Constitutional Court ◽  
Court Decisions ◽  
Main Argument ◽  
Policy Decisions ◽  
Political Arena ◽  
History Of

The establishment of the Indonesian Constitutional Court in 2003 signified the formation of a bridge between the judiciary and politics. Through its judicial review process, there is a more tangible presence of the judiciary and court in the political arena. The Court helps with addressing moral predicaments and influencing the products of the legislature. This paper discusses the shifting of the legal-politico paradigm, particularly relating to judicial leadership of the Court because this significantly affects the role of the Court in the political arena. The history of the establishment of the Court’s authority in judicial review is explored through a stylised analysis of the actions of two early Chief Justices. This paper also examines two Court decisions which illustrated the Court’s authority on judicial review because they demonstrated the importance of policy-driven decisions and judicial restraint. The main argument of this work is that it is hard to categorize the legal-politico actions of the Indonesian Court into either legalism or instrumentalism. Often, the Court synthesises the two. The legal-politico paradigm is a dynamic one. The most feasible model of the Indonesian Constitutional Court is that of a Principled Instrumentalist Court, where policy decisions guide the formation of legislation according to constitutional values, but the judges maintain prudential self-restraint.

Understanding Administrative Law in the Common Law World

2021 ◽  
Author(s):  
Paul Daly
Keyword(s):  
Future Development ◽  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
Administrative Action ◽  
The Core ◽  
The Common ◽  
The Law ◽  
Pluralist Approach ◽  
Core Features

This book has three goals: to enhance understanding of administrative law; to guide future development of the law; and to justify the core features of the contemporary law of judicial review of administrative action. Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law. Through comparative analysis of case law from Australia, Canada, England, Ireland and New Zealand, Dr Daly develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy. The interaction of this plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies and the scope of judicial review, everything from the rule against bias to jurisdictional error to the application of judicial review principles to non-statutory bodies. Addressing this wide array of subjects in detail, Dr Daly demonstrates how his pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance academics’, students’, practitioners’ and judges’ understanding of administrative law. Furthermore, this pluralist approach is capable of guiding the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. Dr Daly closes by arguing that his values-based, pluralist framework supports the legitimacy of contemporary administrative law which although sometimes called into question in fact facilitates the flourishing of individuals, of public administration and of the liberal democratic system.

scholarly journals KAWIN BEDA AGAMA DAN PERLINDUNGAN HAM : STUDI KRITIS ATAS UNDANG-UNDANG PERNIKAHAN NOMOR 1 TAHUN 1974 DAN UNDANG-UNDANG DASAR 1945

Asy-Syari ah ◽  
2014 ◽  
Vol 17 (1) ◽  
Author(s):  
Yedi Purwanto
Keyword(s):  
Judicial Review ◽  
Community Leaders ◽  
Constitutional Court ◽  
Marriage Law ◽  
Interfaith Marriage ◽  
Public Discussion ◽  
The Public ◽  
The Core ◽  
The People ◽  
Core Problem

The polemic of Marriage Law Number 1 of 1974 is back into hot issue to be discussed. It reminds to the public discussion in a long history and the dynamics of the appearance of this laws. This time, the spotlight is article 2, paragraph 1 of the Marriage Law Number 1 of 1974 which contains "Marriage is legitimate, if it is done according to the laws of each religion and the belief it". Against with the decision, any parties asked a judicial review to the Constitutional Court (MK) for the article. This paper wants to give exposure of reactions of the people who are doing legal efforts with the proposal, as well as how to find the best solution for its completion. The core problem in this paper is to be appointed about whether or not may interfaith marriage. Referring to the Marriage Law Number 1 of 1974 and the 1945 Constitution, this paper will describe how the views of classical scholars, ulama (Muslim jurists), community leaders, officials and legal experts in the country explain about marriage in different religion.

The Primitive Ozarks

2018 ◽  
pp. 11-20
Author(s):  
Brooks Blevins
Keyword(s):  
Natural History ◽  
Homo Sapiens ◽  
The Core ◽  
History Of ◽  
The Creation

Chapter 1 briefly charts the prehistory of the Ozark uplift, including the natural history of the creation of the St. Francis Mountains at the core of the region and the severely eroded plateau that surrounds them. This chapter also charts the arrival of homo sapiens and their development through the various epochs identified by anthropologists. In spite of myths and exaggerations such as the Bluff Dwellers, the prehistoric peoples of the Ozarks tended to follow the broad contours of development noted elsewhere on the continent.

A New Basis for Judicial Review in Iraq

2020 ◽  
pp. 1-37
Author(s):  
Oday Talal Mahmood
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
The Other ◽  
Constitutional Court ◽  
Constitutional Democracy ◽  
The Core ◽  
The Law ◽  
Federal Supreme

Abstract Article 2 of the Iraqi Constitution of 2005, which states that Iraq is a modern Islamic constitutional democracy, contains a ‘repugnancy clause’, prohibiting enactment of any law contrary to Islam’s settled rulings, principles of democracy, and rights guaranteed in the Constitution. This clause allows the Constitutional Court to invalidate laws that violate the Constitution. Currently, the Iraqi Federal Supreme Court’s method for determining whether a particular law is repugnant to the Constitution and Islamic settled rulings as per Article 2 is inconsistent and arbitrary. Here the core question is: What is the best way to successfully implement the Iraqi Constitution’s Repugnancy Clause? We propose an approach focusing on maqāṣid, the classical Islamic concept meaning Sharīʿah’s intent, purpose, or objectives that will also fulfil the other purposes of Article 2 to ensure that the law is consistent with the principles of democracy and the principles of human rights.

Introduction: directly elected mayors in urban governance

2017 ◽  
Author(s):  
David Sweeting
Keyword(s):  
Urban Governance ◽  
The Other ◽  
Political Leaders ◽  
Urban Government ◽  
Advantages And Disadvantages ◽  
The Core ◽  
Direct Election ◽  
The Creation ◽  
Core Features

This chapter opens the work by introducing directly elected mayors as political leaders in systems of urban government, and the expectations that are placed upon them. It identifies the core features of the directly elected mayor model, of direct election, of the creation of a single identifiable leader with a secure term of office, before discussing its advantages and disadvantages. Directly elected mayors are then placed in the context of urban governance, urbanization, and globalization. The chapter ends with a description of the other chapters that comprise the book.

Taming the prince: Bringing presidential emergency powers under law in Colombia

2020 ◽  
Author(s):  
Andrea Scoseria Katz
Keyword(s):  
Twentieth Century ◽  
Latin America ◽  
Judicial Review ◽  
Constitutional Court ◽  
Presidential Power ◽  
State Of Emergency ◽  
The Past ◽  
Emergency Powers ◽  
History Of

Abstract Can courts check presidential power exercised in a crisis—and should they? The case of Colombia, which recently turned on its head a history of presidential overreach and judicial rubber-stamping, provides an answer in the affirmative. As in much of Latin America, throughout Colombia’s post-independence history, bloodshed fueled authoritarian tendencies, with presidents exploiting the need for “order” to centralize power. One critical weapon in the presidential toolkit was the power to declare a state of emergency. During the twentieth century, these decrees became a routine pretext for the President to govern unilaterally, acquiesced to by the legislature and rarely challenged by the courts. That pattern has since come to an end. Since 1992, the Constitutional Court has proven an unexpectedly strong counterweight to presidential power, especially in its strict review of presidential emergency decrees. Under a model of substantive judicial review, the Constitutional Court has taken for itself the authority to review the factual basis giving rise to a crisis, and the adequacy of the President’s rationale for declaring it. Decrees that, as in the past, attempted to manufacture a crisis or which would exceed the President’s constitutional powers have been struck down. This paper discusses some of the Court’s successes in that ambit, and argues for the portability of this model to other national contexts.

scholarly journals On the Syllogistic of G. Boole

Discourse ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 5-15
Author(s):  
Yu. Yu. Chernoskutov
Keyword(s):  
Mathematical Analysis ◽  
Original Work ◽  
The Other ◽  
History Of Logic ◽  
Symbolic Algebra ◽  
The Core ◽  
Other Hand ◽  
History Of ◽  
The One ◽  
Core Features

Introduction. This article focuses on the investigation of Boole’s theory of categorical syllogism, exposed in his book “The Mathematical analysis of Logic”. That part of Boolean legacy has been neglected in the prevailed investigations on the history of logic; the latter provides the novelty of the work presented.Methodology and sources. The formal reconstruction of the methods of algebraic presentation of categorical syllogism, as it is exposed in the original work of Boole, is conducted. The character of Boolean methods is investigated in the interconnections with the principles of symbolic algebra on the one hand, and with the principles of signification, taken from R. Whately, on the other hand. The approaches to signification, grounding the syllogistic theories of Boole and Brentano, are analyzed in comparison, wherefrom we explain the reasons why the results of those theories are different so much.Results and discussion. It is demonstrated here that Boole has borrowed the principles of signification from the Whately’s book “The Elements of Logic”. The interpreting the content of the terms as classes, being combined with methods of symbolic algebra, has determined the core features of Boolean syllogism theory and its unexpected results. In contrast to Whately, Boole conduct the approach to ultimate ends, overcoming the restrictions imposed by Aristotelean doctrine. In particular, he neglects the distinction of subject and predicate among the terms of proposition, the order of premises, and provide the possibility to draw conclusions with negative terms. At the same time Boole missed that the forms of inference, parallel to Bramantip and Fresison, are legitimate forms in his system. In spite of the apparent affinities between the Boolean and Brentanian theories of judgment, the syllogistics of Boole appeared to be more flexible. The drawing of particular conclusion from universal premises is allowable in Boolean theory, but not in Brentanian one; besides, in his theory is allowable the drawing of conclusion from two negative premises, which is prohibited in Aristotelian syllogistic.Conclusion. Boole consistently interpreted signification of terms as classes; being combine with methods symbolic algebra it led to very flexible syllogism theory with rich results.

scholarly journals PHILEMON, KA, AND CREATIVE FANTASY: THE FORMATION OF THE RECONCILING SYMBOL IN JUNG’S VISUAL WORK, 1919–1923

2019 ◽  
pp. 59-100
Author(s):  
Diane Zervas
Keyword(s):  
Analytical Psychology ◽  
The Core ◽  
Core Concepts ◽  
The Creation ◽  
The Cross

Thanks to the publication of The Red Book (2009) and The Art of C.G. Jung (2019), we now have a substantial corpus of the visual works that Jung created between 1913 and 1923, a period when he was deeply engaged with Liber Novus, its transcription and elaboration into The Red Book, whilst at the same time formulating the core concepts of analytical psychology. This article identifies several previously unrecognised representations of two of Jung’s most important personifications, the ‘dominant fathers’ Philemon and Ka. I then trace their roles in some of Jung’s visual works that include the image of the cross-quartered circle and sphere, his prime example of the reconciling symbol of the creation of the new god, and of individuation. After examining two paintings in detail, Amor Triumphat (1920-21) and Cat. 66 in The Art of C.G. Jung (c. 1921-23), I conclude with Jung’s designs for Emma Jung’s memorial at Bollingen (1956), and his family tomb at Küsnacht (1957).

scholarly journals Japan: The Earliest Evidence of Complex Technology for Creating Durable Coloured Goods

2018 ◽  
Vol 4 (1) ◽  
pp. 206-216 ◽  
Author(s):  
Naoko Matsumoto
Keyword(s):  
Social Context ◽  
Organic Substance ◽  
Early Holocene ◽  
Human History ◽  
Creative Ability ◽  
The Core ◽  
Plant Interaction ◽  
Warming Climate ◽  
Complex Technology ◽  
The Creation

Abstract The invention of lacquer technology is significant in history as the first evidence of the use of an organic substance in creating durable coloured objects. By focusing on the evidence from the Jomon Period, Japan, this article clarifies the nature of complex technology and knowledge required for lacquer production, presents how lacquer technology enhanced our creative ability, and discusses its significance in human history. Lacquer technology was invented in the course of increasing human-plant interaction in the warming climate of the early Holocene. Personal ornaments coated with red lacquer are the most conspicuous throughout the Jomon Period from the beginning of lacquer technology. Strong attention to colour and intensive application on personal ornaments indicate that the creation of symbolic artefacts in social context was at the core of Jomon lacquer technology.

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