Prosecuting the President

2019 ◽  
Author(s):  
Andrew Coan
Keyword(s):  
Rule Of Law ◽  
American People ◽  
The Rule Of Law ◽  
Civic Duty ◽  
The People ◽  
Special Prosecutor ◽  
The Government ◽  
The Right ◽  
Political Scandals ◽  
Do So

The first special prosecutor was appointed by President Ulysses S. Grant in 1875. Ever since, presidents of both parties have appointed special prosecutors and empowered them to operate with unusual independence. In short order, such appointments became a standard method for neutralizing political scandals and demonstrating the president’s commitment to the rule of law. This long, mostly forgotten history shows that special prosecutors can do much to protect the rule of law under the right circumstances. It also shows that they are fallible. Many have been thwarted by the formidable challenges of investigating a sitting president and his close associates. Some have abused the powers entrusted to them. Yet such cases are rare. At their best, special prosecutors function as avatars of the people channeling an unfocused popular will to safeguard the rule of law. But special prosecutors can function effectively only if the people care about holding the president accountable. If a president thinks he can fire a special prosecutor without incurring serious political damage, he has the power to do so. Ultimately, only the American people can decide whether the president is above the law. At any given moment, this question can seem like a purely partisan one. All Americans, however, have a profound stake in preserving the “government of laws and not of men” passed down to us by previous generations. Prosecuting the President provides the information every American needs to perform this civic duty intelligently and responsibly.

scholarly journals KEDUDUKAN DAN TANGGUNGJAWAB PRESIDEN DALAM SISTEM PRESIDENSIAL DI INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 173-190
Author(s):  
Moh Hudi
Keyword(s):  
Rule Of Law ◽  
Chief Executive ◽  
The Rule Of Law ◽  
The People ◽  
Head Of State ◽  
Presidential System ◽  
Before And After ◽  
The Government ◽  
Head Of Government

The Government system greatly determines the position and responsibility of the president. Even in the same system of government, the president’s position and responsibility may change, depending  on   The  Rule  of   Law  in a particular country. The position and responsibility of the president in the presidential system in Indonesia has change several times. This can be seen before and after the amandement. President in presidential   System   as  Head  of  Government  and   Head  of   State. So that the president has broad authority. The president is not responsible to the parliament, because institutionally the parliament is not higher than the president as the chief executive, but is responsible to the people as voters.

scholarly journals The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law

2021 ◽  
Vol 7 (2) ◽  
pp. 148-168
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
National Security ◽  
International Law ◽  
Rule Of Law ◽  
Freedom Of Speech ◽  
Limiting Factor ◽  
The Rule Of Law ◽  
It Impacts ◽  
Contemporary Issue ◽  
The People ◽  
The Government

Although brutality can repress a society, it never assures the sustainability of that conquest. Tyranny steers the hopeless to despair, edges to rebellion, and could open the door for a new tyrant to rise. Law becomes a limiting factor that must act as a stopgap to the avaricious intentions of a dictator. A democratic leader must incorporate the supremacy of the law and honest officials into his government. He shall also create courts of law, treat the poorest citizens with fairness and build a hall of justice to bring the society to modernity with the operation of the rule of law enshrined in the constitution. Legislation is nothing without enforcement and Law is no law if not accepted and respected by the people. The rule of law cannot be said to be working in a country where the government continues to violate the orders of the court, unlawfully detain its citizens, abuse human rights including arbitrary and extra-judicial executions, unlawful arrests and detentions, embargo on freedom of speech and press, impunity and inhumane torture, degradation of people or exterminations. This treatise will argue on the supremacy of the “Rule of Law” as it impacts Nigerian democracy. Keywords: Rule of Law; Democracy; Judiciary; Supremacy; Government; Tyranny; Nigerian Constitution

scholarly journals Perlindungan Hukum Terhadap Hak Masyarakat Dalam Perjanjian Kerjasama Perkebunan Kelapa Sawit

2019 ◽  
Vol 2 (2) ◽  
pp. 175
Author(s):  
Hamdan Siregar
Keyword(s):  
Rule Of Law ◽  
Oil Palm ◽  
Legal Protection ◽  
Cooperation Agreement ◽  
The Rule Of Law ◽  
Oil Palm Plantation ◽  
Public Property ◽  
The Republic ◽  
The Government ◽  
The Right

The State of the Republic of Indonesia is a legal state which is contained in Article 1 Paragraph (3) of the 1945 Constitution, in the rule of law, the power in running the Government based on the rule of law, in Indonesia there have been many cooperation agreements in the field of plantation, in the establishment of plantation based on the principle legal certainty to protect the parties in the cooperation agreement between BUMD and PT.MTL where in the plantation management agreement is not running smoothly, causing conflict between the community with PT.MTL party. Based on the above issues, what is the legal relationship between the parties in the oil palm plantation cooperation agreement, how is the legal effect on the community rights in the oil palm plantation cooperation agreement, how is the legal protection of the community within the palm oil plantation agreement. This research is juridical sociological with the nature of research is descriptive analytical. Processing is done by editing and then analyzed by using qualitative analysis methode. From the result of the research, it can be concluded that (1) the occurrence of civil relation between the parties based on the cooperation agreement between BUMD and PT.MTL and letter of land delivery between the community and BUMD (2) due to law on community land in this cooperation agreement the transition of rights, from public property rights to State land. (3) the absence of legal protection of community land that has been submitted to the BUMD to be granted the Right to Use Enterprises

the wishes of the Government expressed in the form of legislation, or the extent to which it can interfere with the pursuit of those wishes. Until now it has been a commonplace of political thought that although the United Kingdom might not have a written constitution its unwritten constitution was nonetheless based on fundamental principles. Amongst these principles were the sovereignty of Parliament and the Rule of Law. The centrality within the United Kingdom constitution of the doctrine of Parliamentary sovereignty has traditionally meant that Parliament can make such law as it determines, but the validity of such an interpretation has been questioned by some. The justifications for such challenges to absolute Parliamentary sovereignty are based on the United Kingdom's membership of both the European Union and the Council of Europe with the implications of higher authorities than Parliament, in the former's legislation and the latter's endorsement of inalienable individual rights. As for the Rule of Law, although it is a notoriously amorphous concept, it has provided the courts with scope for challenging the actions of the executive and, indeed, to a more limited degree, the legislature. The mechanism through which the courts have previously exercised their burgeoning constitutional and, by definition, political role is judicial review by means of which they have asserted the right to subject the actions and operations of the executive to the gaze and control of the law in such a way as to prevent the executive from abusing its power. However, such power has been greatly extended by the enactment of the Human Rights Act (HRA) 1998. The Act only came into effect in October 2000 so the question remains as to how the courts will use the powers given to them under that Act. The remaining articles in this chapter will consider the wider political context within which the judiciary operate as well as focusing on the Rule of Law and the HRA 1998. In an article 'Law and democracy', published in the Spring 1995 edition of Public Law, Sir John Laws, Justice of the High Court, Queen's Bench Division, considered the appropriate role of judges within the constitution from the perspective of the judge (footnotes omitted).

2012 ◽  
pp. 54-65
Keyword(s):  
United Kingdom ◽  
Rule Of Law ◽  
The European Union ◽  
The Rule Of Law ◽  
Political Role ◽  
The United Kingdom ◽  
Parliamentary Sovereignty ◽  
The Government ◽  
The Right ◽  
And Control

scholarly journals Negotiating the Space of Civil Autonomy in Hong Kong: Power, Discourses and Dramaturgical Representations

2004 ◽  
Vol 179 ◽  
pp. 647-664 ◽  
Author(s):  
Agnes S. Ku
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Civil Disobedience ◽  
Test Case ◽  
Reconstruction Process ◽  
Contested Space ◽  
State Legitimacy ◽  
The People ◽  
The Government ◽  
The Right

This article delineates the negotiated space of civil autonomy in post-handover Hong Kong through the contingent interplay of law, discourse, dramaturgy and politics. It takes the Public Order Ordinance dispute in 2000 as the first major test case of civil conflicts in the shadow of the right of abode struggle. As it unfolded, the event demonstrated both the power and limits of resistance by the people, and the government's increasing will, as well as the strategies it used, to rule within the “law and order” framework under continual challenges. In the event, civil autonomy had been a contested issue involving considerations of rule of law, rights, civic propriety, state legitimacy and the construction of particular identity (such as student-hood). Given the multiplicity of discourses and sub-discourses, citizenship practices and public criticisms opened up a contested space for resistance and negotiation. A campaign of civil disobedience was at first successfully mounted through an ensemble of political and symbolic mechanisms. A turning point was configured when, mediated by a meaning reconstruction process, the government made a series of political and performative acts to re-script the drama, which turned out to be an ironic success for itself that put state–society relations on an increasingly tenuous course. Ultimately ideological differences were at stake: respect for a rights-based discourse of rule of law versus the assertion of political and legal authoritarianism.

scholarly journals Configuring Land Rights Registration in the Agrarian Legal System (Comparative Study of Government Regulation Number 10 of 1961 with Government Regulation Number 24 of 1997)

2019 ◽  
Vol 7 (05) ◽  
Author(s):  
Sri Sunarni ◽  
Zainal Asikin ◽  
Widodo Dwi Putro
Keyword(s):  
Rule Of Law ◽  
Foreign Investment ◽  
Government Regulation ◽  
Agricultural Land ◽  
Land Rights ◽  
Economic Sector ◽  
Land Redistribution ◽  
The People ◽  
The Government ◽  
The Right

Normative research concerning Configuring the Replacement of Regulations on the Registration of Land Rights by addressing the issue of ideology and Raison de Etre's rule of law gave the conclusion, that the Registration of Mastering Rights by the State should respect and recognize individual rights to land. From the analysis and discussion that discusses, conclusions can be drawn, that is the Right to Mastery over the Land held by the Government agrees if it has the power to connect the economic sector. More details can be found: Registration of land rights cannot be agreed with political policies on land use. In the implementation of PP 10 of 1961 the government seized people's land rights, then redistributed the people who needed it as agricultural land (in addition, this program of land redistribution was communicated to the government as an asset with public reasons; it found different political attitudes when implement PP 24 of 1997, namely: by regulating the fundamentals of a new government-finance and vice versa with the Pancasila Philosophy as a principle of Efficiency-Justice Actually it was implemented at the beginning of Repelita I by enacting Law No. 1 of 1967 (Foreign Investment) A comparable increase is needed with the people's prosperity which is relatively difficult to achieve (PP 10 of 1961) which seeks to increase government original income (PAD).

scholarly journals Rule of law as a national phenomenon people's consciousness

2019 ◽  
pp. 58-67
Author(s):  
Olena Panchenko
Keyword(s):  
Rule Of Law ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Consciousness ◽  
Personality Structure ◽  
Natural Basis ◽  
Main Thrust ◽  
The Rule Of Law ◽  
The People ◽  
The Right

The article is devoted to the study of the rule of law as a social phenomenon, which is formed and viewed by us through the national legal consciousness of the people. These philosophical and legal categories are important for the formation of the correct (tested by time and reality) and the right awareness of society of their behavior, as well as effectively serve from the point of view of natural and legal influence on the formation and implementation of legal relations, and are a natural basis of law itself The main thrust of this article is that the rule of law in society depends to some extent on the national spirit of law and finds its foundations in the mentality of the people themselves. Historically, state and natural features of the rule of law further influence the formation of legal consciousness and legal culture in particular. Willingness is an important element of the national phenomenon in the consciousness of our people. The rule of law is the legal culture and legal consciousness that are closely linked to the national elements and characteristics of the people themselves who use the phenomenon. Since the rule of law is largely inherently in the form of ideas and perceptions, it is appropriate to note that such perceptions are necessarily nationalist in nature. Legal ideas and national ideas are fundamental to the formation and awareness of the rule of law Just as the rule of law is directly related to human nature, its national identity, and its vitality, it directly controls the sphere of human behavior and actions. The basic tenets that are enshrined in the rule of law are the ideas of freedom and justice. The rule of law as a national phenomenon of justice of the people is of the highest philosophical and legal value, since its place in the legal reality is determined by social and national factors and personality structure. Keywords: law, rule of law, phenomenon, national, legal consciousness.

scholarly journals Democracy, Constitutionalism and the Rule of Law: Beholden to Constituent Power

2021 ◽  
Author(s):  
◽  
Ivan Sage
Keyword(s):  
Rule Of Law ◽  
Constituent Power ◽  
The Rule Of Law ◽  
The People ◽  
Egalitarian Society ◽  
Parliamentary Supremacy ◽  
The Government ◽  
Principle Of Legality ◽  
Ultimate Principle ◽  
Constitution Making

<p>Democratic government serves two purposes, both requiring that the substantive element of the rule of law be adhered to. A living constitution is required by a government to able to maintain civil society, which is the main occupation of the rule of law and, secondly, the rule of law also vouchsafes rights and freedoms. Hence, the rule of law enforced by the courts is the factor that controls the constitution, and increasingly this includes controlling the government, both the legislature and executive. This paper considers the capacities of democracy, constitutionalism and the rule of law, in the context of both New Zealand’s unwritten and America’s written constitutions, with the view of locating the constitution making power (constituent power). The power that makes and changes the constitution was originally found with the people, parliament, and the executive. However, a modern formulation of the rule of law that seeks to replace parliamentary supremacy as the ultimate principle of legality appears to be arising. An egalitarian society is becoming the preferred option by all parties. In this context, the constitution making power will be with the vessel that is working towards creating such a society. To that end, the paper recommends a Constitutional Commission for New Zealand that would review legislation for constitutionality, including adherence to the rule of law. The objective of the Constitutional Commission would be to recommend the review of law for constitutionality, including adherence to the rule of law.</p>

scholarly journals Legal Protection of Patients Participants of Health Social Guarantee in Human Rights Perspective

2020 ◽  
Vol 7 (10) ◽  
pp. 165
Author(s):  
Agustin Widjiastuti ◽  
Made Warka ◽  
Slamet Suhartono ◽  
Hufron Hufron
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Person ◽  
Legal Protection ◽  
Core Material ◽  
The Rule Of Law ◽  
The Core ◽  
State Constitution ◽  
The Government ◽  
The Right

The rule of law through the government must provide public services for its people.  In the conception of the welfare law state, every citizen/every person has the right to obtain good services and obtain legal protection from arbitrary actions by the authorities. Based on Article 1 number 1 of Law Number 39 of 1999 concerning Human Rights, human rights are rights inherent in every human person that must be protected so that human rights are always the core material of a modern state constitution. Legal steps for patients participating in the Health Social Security Administering Body in the perspective of legal protection.

The First One Hundred Years

2019 ◽  
pp. 23-40
Author(s):  
Andrew Coan
Keyword(s):  
Rule Of Law ◽  
American People ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Special Prosecutor ◽  
High Level ◽  
Official Corruption

Between 1875 and 1973, five different presidents appointed special prosecutors to investigate all manner of high-level official corruption. This chapter tells the stories of three such investigations, which provide crucial lessons for understanding modern-day special prosecutors. In each case, popular outcry over alleged misconduct by high executive officials forced the president to appoint a special prosecutor to restore public confidence. In each case, the high public salience of the resulting investigation gave the president’s supporters powerful incentives to attack the special prosecutor. But the special prosecutor’s visibility also provided the American people a potent tool for holding presidents accountable. Right from the beginning, politics was a double-edged sword for special prosecutors and their ability to safeguard the rule of law.

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