India’s Turn to Populism

Author(s):  
Paul D. Kenny

This chapter shows how the fragmentation of political authority precipitated a crisis of legitimacy of the old order. Using a mix of qualitative and quantitative data, it first shows how Indira Gandhi attempted to restore central control through intervention in India’s states. Failing to reestablish control over India’s fragmented patronage network, she then made a populist turn, mobilizing the masses across India through the media and mass rallies in her conflict with her opponents. This chapter argues that this strategy was a consequence of the breakdown of the Congress system, rather than its cause. Mrs Gandhi’s attempt to recentralize power met with substantial resistance in the states. Her government eroded the rule of law and the undermined the formal institutions of intermediation between state and society. The authoritarian emergency that followed from 1975 to 1977 was not an aberration of this populist program, but its logical fulfillment.

2007 ◽  
Vol 2 ◽  
pp. 1-19 ◽  
Author(s):  
Benny Y.T. Tai

AbstractThe Rule of Law is considered a major aspect of modern governance. For every legal system, it is important whether the Rule of Law is attained and how far it has been attained. Though there are various indicators and indexes of the Rule of Law they all have their limitations. This paper reported a study conducted in Hong Kong in 2005, combining qualitative and quantitative methodologies, to assess the level of attainment of the Rule of Law in Hong Kong. It is found that the level of attainment is high but a downward trend is also discovered. A main objective of developing this new methodology in assessing Rule of Law, is that it could be used for tracking the development of the Rule of Law in a particular legal system and facilitating comparison between legal systems.


2021 ◽  
Author(s):  
Ružica Kijevčanin ◽  

The aspiration of every modern state is to establish the rule of law, which incorporates the basic principles on which a free, open and prosperous society should lie. Some of these principles are civil democracy and secret and direct elections. The legal conduct of elections is the basic way to achieve peace and satisfaction among the population, because it puts the exercise of power and the regulation of issues of essential importance under their control. With the development of technology, trends, but also everyday life are changing, so, in addition to elections, the media are synonymous with freedom and citizenship rights. The media are a means of information that introduces citizens to information of various contents, and above all fundamental. Depending on the norm, level of development, protection mechanisms, the media conscientiously perform their function, or do not do it completely. What are the consequences when reporting on a specific phenomenon that is the basis of a healthy society in the first or second case is a central question that we will analyze in this paper. The importance of elections has been continuously confirmed throughout history, while the necessity of the media has been expanding for decades, in the intensity that elevates them to the top and equates them with the election process.


Author(s):  
Folami, Ahmadu Bolanle,

The study aims at shedding light on the positive and negative effects of social media on the lives of Muslim youths’ in Nigeria. although, it is an avenue to reach out to people, gather and spread information to one another in the Muslim domain. However, the youths have also lost their dignity through it, because it is another avenue for fraudulent activities. The work examines the effects of both electronic and print media on the socio-religious spheres of Muslim youths. The ability to use the media for “ networking” has played a significant role in the lives of these youths. As technology continues to evolve, including the means to connect and communicate in cyberspace, young Muslims see it as an opportunity for them to be heard. The researcher employed the use of qualitative and quantitative data analysis in carrying out this study as well as conducting structural interviews inorder to elicit useful information. The research finally suggests that, despite the positive effects of social media on Muslim youths’ through Facebook, Twitter, Instagram WhatsApp, e.t.c in passing meaningful information across the board its negative effect of promoting moral decadence like character assassination, media violence, nudity, obscene movies and videos that have challenged the moral values of a practicing Muslim were not to be overlooked.


Tunas Agraria ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Rayyan Dimas Sutadi ◽  
Ahmad Nashih Luthfi ◽  
Dian Aries Mujiburrohman

Abstract: One of the policy undertaken by the Government of Indonesia in take care of the rearrangement of ownership, control, utilization and the use of land is Agrarian Reform. The implementation of agrarian reform that has produced various kinds of legal products still raises figures of inequality in the rearrangement of ownership, control, utilization and the use of land, it’s make the implementation of agrarian reform program was like walking in place. Therefore the purpose of this study is to analyze agrarian reform policies in the three implementation periods in terms of the regulations that have been issued by comparison of each era of implementation of the four principles of land governence.The method in this research is use normative law research method, this research were reviewed from various aspects such as aspects of theor, philosophy, comparison, structure/composition, consistency, general explanation, and explanation in each articles. This approach is undertaken in order to understand the philosophy of the rule of law overtime, as well as to understand the changing and evolving of philosophy underlying the rule of law relating to the topic that was researched.The result of the research conduct that the legal product policy produced in three era of agrarian reform period in Indonesia the implementation of the Old Order era can be carried out well, because of the five main regulations and legislation produced can be used the four principles of land governence. The conclusion is the resulting law product policy can be used as a reference in the implementation of agrarian reform in Indonesia. Keyword: Agrarian Reform, Law Policy Product, Land Governence. Intisari: Salah satu kebijakan yang dilakukan oleh Pemerintah Indonesia dalam menangani penataan ulang kepemilikan, penguasaan, pemanfaatan, dan penggunaan tanah yaitu Reforma Agraria. Pelaksanaan reforma agraria yang sudah menghasilkan berbagai macam produk hukum kebijakan masih memunculkan angka ketimpangan struktur penguasaan, pemilikan, penggunaan, dan pemanfaatan tanah, seolah-olah pelaksanaan program reforma agraria seperti berjalan di tempat. Oleh karena itu tujuan dari penelitian ini adalah menganalisa kebijakan reforma agraria pada tiga periode pelaksanaan yang ditinjau dari peraturan-peraturan yang telah dikeluarkan dengan perbandingan masing-masing era pelaksanaan terhadap empat prinsip kebijakan pengelolaan pertanahan.Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian hukum normatif dalam penelitian ini dikaji dari berbagai aspek seperti aspek teori, filosofi, perbandingan, struktrur/komposisi, konsistensi, penjelasan umum, dan penjelasan pada tiap pasal. Pendekatan ini dilakukan dalam kerangka untuk memahami filosofi aturan hukum dari waktu ke waktu, serta memahami perubahan dan perkembangan filosofi yang melandasi aturan hukum tersebut yang berhubungan dengan topik yang diteliti. Hasil penelitian menunjukkan bahwa kebijakan produk hukum yang dihasilkan dalam tiga era periode reforma agraria di Indonesia periode pelaksanaan pada era orde lama  reforma agraria dapat dijalankan dengan baik, karena dari kelima pokok peraturan dan perundangan yang dihasilkan memenuhi empat prinsip kebijakan pengelolaan pertanahan. Sehingga dapat dikatakan kebijakan produk hukum yang dihasilkan dapat dijadikan sebagai rujukan dalam pelaksanaan reforma agraria di Indonesia.Kata Kunci: Reforma Agraria, Produk Hukum Kebijakan, Tata Kelola Pertanahan.


1996 ◽  
pp. 29-36
Author(s):  
M. Palinchak

The experience of Transcarpathia shows that the heads of district and village councils are not well aware of the legal framework for the regulation of inter-confessional conflicts. Legislation in the media is interpreted differently. A paradoxical situation has arisen: by proclaiming a course on the construction of a lawful state, we are still continuing to build relationships between believers of different denominations and trends, believers and non-believers, state authorities and religious institutions, not on the principle of the rule of law - the cornerstone of the rule of law, but appealing to the mind of the crowd believers


2007 ◽  
Vol 191 ◽  
pp. 671-674 ◽  
Author(s):  
He Weifang

Among Chinese political scientists and legal scholars, indeed within the Chinese academic world as a whole, research into the police is to a great degree marginalized. As the media have become more active, and in particular as internet media have arisen, it has become easier for some incidents of police infringements of human rights to attract nationwide attention. But there has been very little discussion of the relationship between these incidents and the police management system, or the division of police management power between the central and local governments and its ultimate influence on the construction of society in China under the rule of law.


2018 ◽  
Vol 7 (3) ◽  
pp. 32-40
Author(s):  
Emmanuel Imuetinyan Obarisiagbon Barr

All over Southern Nigeria, incidents of people taking the law into their hands and meting out instant justice on suspected criminals without recourse to the rule of law and the position of Section 33 (1) of the 1999 Constitution of the Federal Republic of Nigeria abound. This motivation for participation in jungle justice was therefore explored. A combination of both qualitative and quantitative techniques was employed to collect data from six hundred and fifteen respondents. A descriptive analysis of the quantitative data collected was undertaken, using frequency distribution while the qualitative data were content analysed. Findings from this study reveal that motivation for jungle justice was multifaceted. Illiteracy, lack of trust on the police, flaccid court system, chronic anger due to economic situation and disregard for the rule of law and human right were some of the motivation for the alarming incidence of the social phenomenon. Based on the findings of this study, there is the need to overhaul the criminal justice processes with a view to boosting the confidence of the public in its activities and also embark on a teaching on no violence and the ills of jungle justice.Keywords: Jungle justice, court, police, human rights


2019 ◽  
pp. 13-18
Author(s):  
V. V. Levkulych

The reasoned discourse on cause-effect relationships, functional mission and duty of the law is possible only through the clarification of the ontological foundations of law. Because these foundations of law determine the consideration and evaluation of each status quo under a certain criterion, determine the degree of effectiveness of different instruments and the feasibility of their functional correction. A conceptual version focused on the socio-cultural foundations of law cannot be original, since it is a rather obvious conclusion. Focusing on socio-cultural preconditions of the emergence of law is further problematized by the fact that virtually every phenomenon that functions in a social environment is one way or another socio-culturally predetermined. However, focusing on the socio-cultural foundations of law is quite appropriate, since legal processality not only has formal features of correlative compatibility with the socio-cultural environment – it is a logical consequence of concrete historical conditions in the socio-cultural environment, therefore, the correspondence of the content and priorities of socio-cultural reality is extremely important for the effective functioning of the law. It is determined that the view of law as an embodiment of justice introduces an element of fundamental distinction between laws that may not always correspond to the canons of justice. In view of this peculiarity, the approximation to the ideals of the rule of law is determined not by the number of laws passed, but by their compliance with the requirements of justice. In addition, it should be understood that the existence of laws and other forms of law is not a tangible testimony to the existence of law as such (meaningful substance of law), because laws can be both legal and non-legal – a form of legalized arbitrariness. Unlike unlawful law, a legal piece of legislation in its key aspects always meets the requirements of fairness in a particular society. It is concluded that the law can also be (and often is) the result of political conjuncture, lobbying, corruption, the overriding of group interests and other phenomena and processes that are either de facto or substantially contrary to the majority’s view of justice, or generally categorically incompatible with such an idea. Therefore, the sacralization of the law, stereotyped at the level of the media and the general public sphere, is obviously too populist, and therefore legally and purely formal and logical, inappropriate, because it inadmissibly ignores many essential “buts” that induce the law by discursiveness, by discursiveness which relies on repressive coercion.


2019 ◽  
Vol 4 (2) ◽  
pp. 226
Author(s):  
Islamiyati Islamiyati ◽  
Ahmad Rofiq ◽  
Ro’fah Setyowati ◽  
Dewi Padusi Daengmuri

Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of  waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of  the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes  the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf  meaningful in the society. The legal reform  of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.


Author(s):  
Siti Dyah Purwatiningsih ◽  
Bachtiar S. Bachri ◽  
Rachma Hasibuan

The purpose of this study is to analyze the feasibility and effectiveness of the circuit game of the recognize me have in developing gross motor skills and children's language in group A at RA Al-Qodir Wage Sidoarjo. This development research use the Dick & Carey research and development model. The result of the development are circuit game products to develop gross motor skill and children’s language in group A. The development of the media includes material about the introduction of indonesian culture, namely traditional clothes in Indonesia. The study was conducted in class A1 at RA Al-Qodir Wage Sidoarjo. Based on the formative test to experts and children obtained qualitative and quantitative data, qualitative data are suggestions from experts and quantitative data in the form of a percentage of child observasion sheets. From the percentage of asessment of formative tests experts and also children, the circuit game is feasible and effective to be used in learning to develop gross motor skills and children’s language in group A in RA Al-Qodir Wage Sidoarjo.


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