Emergency Rule without a Sovereign

Author(s):  
Signe Rehling Larsen

This chapter is about constitutional defence and emergency politics in the federation. It shows that the government of the Eurozone crisis is a manifestation of federal emergency politics. This explains why the dominant theories of the ‘state of exception’, modelled on the political form of the state, do not apply to the EU. The chapter first develops a theory of federal constitutional defence based on the theory and praxis of the antebellum United States (the doctrine of states’ rights) and the nineteenth-century German Confederation (the theory of federal execution and federal intervention). On this basis, the chapter then analyses both ‘Euro-crisis law’ and the contestation of the emergency government of the Eurozone crisis by EU Member States, importantly the Gauweiler and Weiss cases. The chapter concludes with a discussion of the precariousness of federal emergency politics in general and the balance struck with the ‘Greek crisis’ in particular.

2016 ◽  
Vol 14 (3) ◽  
pp. 93-99
Author(s):  
Игорь А. Исаев

The article deals with one of the most important issues in the Soviet political and legal history. The choice of the political form that was established almost immediately after the victory of the Bolsheviks in the Revolution of 1917, meant a change in the direction of development of the state. Councils became an alternative to the parliamentary republic. The article analyzes the basic principles of both political systems and the reasons for such a choice. The author emphasizes transnational political direction of the so-called “direct action” which took place not only in Russia, but also in several European countries.


2014 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Tawanda Zinyama ◽  
Joseph Tinarwo

Public administration is carried out through the public service. Public administration is an instrument of the State which is expected to implement the policy decisions made from the political and legislative processes. The rationale of this article is to assess the working relationships between ministers and permanent secretaries in the Government of National Unity in Zimbabwe. The success of the Minister depends to a large degree on the ability and goodwill of a permanent secretary who often has a very different personal or professional background and whom the minster did not appoint. Here lies the vitality of the permanent secretary institution. If a Minister decides to ignore the advice of the permanent secretary, he/she may risk of making serious errors. The permanent secretary is the key link between the democratic process and the public service. This article observed that the mere fact that the permanent secretary carries out the political, economic and social interests and functions of the state from which he/she derives his/her authority and power; and to which he/she is accountable,  no permanent secretary is apolitical and neutral to the ideological predisposition of the elected Ministers. The interaction between the two is a political process. Contemporary administrator requires complex team-work and the synthesis of diverse contributions and view-points.


Author(s):  
Luana Faria Medeiros

POLITICAL GEOGRAPHY AND THE MINERAL SECTOR: the legislative propositions that impact the management of the territories with mining in the state of Pará – 2011 to 2016GEOGRAFÍA POLÍTICA Y EL SECTOR MINERO: las proposiciones legislativas que impactan la gestión de los territorios con la minería en el estado de Pará – 2011 a 2016O presente trabalho tem o objetivo de resgatar o campo da política na Geografia, no contexto da atividade mineral no estado do Pará, principalmente diante de vários entendimentos de que os conflitos de interesses nas sociedades e nos territórios se resolvem também pelo viés político; partindo de uma leitura teórica do conceito de território, poder e política, onde essa tríade será determinante para o entendimento das proposições legislativas dos anos de 2011 a 2016 voltadas para a mineração, e da análise da gestão política e territorial no setor mineral paraense e seus impactos na sociedade a partir das políticas públicas. A relevância da pesquisa está no aspecto político que envolve a tomada de decisão que é essencialmente importante nas relações sociais de poder do Governo do Estado do Pará que, materializadas, causam impactos no território com mineração, sobretudo na utilização da taxa mineral, instrumento regulador de ação no território.Palavras-chave: Território; Poder; Política; Mineração.ABSTRACTThe present work aims to redeem the field of politics in geography, in the context of the mineral activity in the state of Pará, mainly faced with various understanding that conflicts of interests in societies and territories also resolve by bias Political; Starting from a theoretical reading of the concept of territory, power and politics, where this triad will be decisive for the understanding of the legislative propositions of the years of 2011 to 2016 focused on mining, and the analysis of the political and territorial management in the mineral sector Pará and Its impacts on society from public Policy. The relevance of the research is in the political aspect which involves the decision making which is essentially important in the social relations of the Government of the state of Pará that, materialized, cause impacts on the territory with mining, especially in the use of the mineral rate, Action-regulating instrument in the territory.Keywords: Territory; Power; Policy; Mining.RESUMEN El presente trabajo pretende redimir el campo de la política en geografía, en el contexto de la actividad minera en el estado de Pará, frente principalmente a diversos entendimientos de que los conflictos de intereses en sociedades y territorios también se resuelven por sesgo Política. A partir de una lectura teórica del concepto de territorio, poder y política, donde esta tríada será decisiva para la comprensión de las proposiciones legislativas de los años de 2011 a 2016 se centró en la minería, y el análisis de la gestión política y territorial en el sector minero de Pará y Sus impactos en la sociedad de la política pública. La relevancia de la investigación está en el aspecto político que implica la toma de decisiones que es esencialmente importante en las relaciones sociales del gobierno del estado de Pará que, materializadas, causan impactos en el territorio con la minería, especialmente en el uso de la tasa mineral, Instrumento de regulación de la acción en el territorio.Palabras clave: Territorio; Poder; Política; Minería.


2014 ◽  
Vol 1 (2) ◽  
pp. 43-61
Author(s):  
Annika Ullman

Principal C.J.L. Almqvist and the principle of personalityThe Swedish author and visionary Carl Jonas Love Almqvist (1793–1866) was the principal for twelve years (1829–1841) of the government-initiated pilot school ”Nya Elementarskolan” (New Elementary School) in Stockholm. In this position, he argued that both the school and the state should be built on the same basic idea: the right of individual freedom. This argument is often referred to as ”personlighetsprincipen” (the principle of personality), a concept launched by another prominent figure of the liberal culture of the time, Erik Gustaf Geijer (1783–1847). This article explores how the principle of personality is expressed in the texts of Almqvist and is mainly built upon the concept’s allegorical resources. It examines the thesis that Almqvist’s use of the term is best understood if one distinguishes between the political, pedagogical, and existential dimension of the concept. The article ends with some thoughts about the context of the concept and a discussion on whether Almqvist had a greater interest in personalities than in principles.


2021 ◽  
Vol 13 (2-1) ◽  
pp. 62-91
Author(s):  
Irina Zhezhko-Braun ◽  

This article is the third and final in a series dealing with the birth of a new political elite in the United States, the minority elite. In previous articles, the mechanism of its appearance was analyzed, as well as its ideology, goals, program and values. The black movement, as the most co-organized of all protest movements, is entering the final phase of its development, being engaged in the placement of its representatives in state and federal governments, political parties and other social institutions. The women’s movement has recently been taken over by ethnic movements, primarily blacks, and has become their vanguard. This article describes new social elevators for the promotion of minority representatives into the corridors of power. The logic of promoting people of their own race, gender and nationality to the highest branches of power began to prevail over other criteria for recruiting personnel. During the 2020 election campaign, a new mechanism for promoting minorities in all branches of government was formed. It is based on numerous violations of local and federal electoral legislation. The mechanism of pressure on the US electoral system is analyzed using the example of the state of Georgia and the activities of politician Stacey Abrams. The article describes Abrams’ strategy to create a network of NGOs that are focused on one mission - to arrange for the political shift of the state in the elections. These organizations circumvented existing laws, making the state of Georgia the record holder for electoral irregularities and lawsuits. The article shows that Abrams’ struggle with the electoral laws of her state is based on the political myth of the voter suppression of minorities. The author identifies a number of common characteristics of the new elite. The minority elite does not show any interest in social reconciliation and overcoming racial conflict, but rather makes efforts to incite the latter, to attract the government to its side and increase its role in establishing “social justice” through racial quotas and infringement of the rights of those social strata that it has appointed bearers of systematic racism in society. As the colored elite increases and the government’s role in resolving racial conflicts grows, the minority movement is gradually condemned, it ceases to be a true grassroots movement and turns into astroturfing.


Ensemble ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 117-122
Author(s):  
Soham DasGupta ◽  

India played an active role in the liberation war of Bangladesh in 1971. The relation between the two countries remained cordial in the initial years but it soon soured with the coup d’etat of 1975. This also marked the rise of the anti-Indian elements in the Bangladeshi politics. This article makes a brief survey of anti- Indian elements that has remained a part and parcel of the political fabric of Bangladesh since 1971. It also looks into the ways in which the anti-India stance has been instrumental in garnering popular support to hold on to political power. The article begins with the background of the creation of Bangladesh and India’s active role in it which was followed by the friendship treaty signed between the two countries. Then it moves to the changing scenario following the coup d’état of 1975 which marked the visible changes within the polity of Bangladesh. The nature of nationalism underwent change moving from secularism to a religious character which found expression in the policies of the state. The military rule most often found it convenient to use the anti-Indian stance in order to please the fundamentalist elements of the country in its bid to garner popular support. The issues of water sharing, refugees and issues of fomenting possible insurgency with active support of India were highlighted. Even after the restoration of democracy, the anti-Indian factions remained active in opposing the government of Sheikh Hasina’s foreign policy with regard to India. Radical religious factions, who had throughout opposed the liberation war, still play a major role in fanning the anti-Indian sentiments in Bangladeshi politics.


Author(s):  
Signe Rehling Larsen

The conclusion sums up the main arguments of the book: the EU is not an association sui generis. Rather, it belongs to the political form of the federation: a discrete form of political association on a par with, though differentiated from, the other two forms of political modernity, namely, the state and the empire. The federation is a political union of states founded on a federal and constitutional compact that does not absorb the Member States into a new federal state. Federations come into existence because of the instability of the state as a political form. States decide to come together in a federation because they are incapable of maintaining their own political autonomy. Nevertheless, the federation is characterized by its own unique internal contradictions that always threaten its stability and survival. Federal emergency politics brings these contradictions to the fore by eroding the political autonomy of the Member States.


2019 ◽  
Vol 53 (5) ◽  
pp. 809-846 ◽  
Author(s):  
Fabio Bulfone ◽  
Alexandre Afonso

Employer organizations have been presented as strong promoters of the liberalization of industrial relations in Europe. This article, in contrast, argues that the preferences of employers vis-à-vis liberalization are heterogeneous and documents how employer organizations in Spain, Italy, and Portugal have resisted state-led reforms to liberalize collective bargaining during the Euro crisis. It shows that the dominance of small firms in the economies of these countries make employer organizations supportive of selective aspects of sectoral bargaining and state regulation. Encompassing sectoral bargaining is important for small firms for three reasons: it limits industrial conflict, reduces transaction costs related to wage-bargaining, and ensures that member firms are not undercut by rivals offering lower wages and employment conditions. Furthermore, the maintenance of sectoral bargaining and its extension to whole sectors by the state is a matter of survival for employer organizations. The article presents rationales for employer opposition to liberalization that differ from the varieties of capitalism approach.


Author(s):  
David Polizzi

The phenomenology of solitary and supermax confinement reflects what Giorgio Agamben has defined as the state of exception. The state of exception is defined as the blurring of the legal and political order, which constructs a zone of indifference for those forced to endure this situation. This notion of the state of exception can be applied to the zone of indifference created by the Supreme Court, which seems unwilling to outlaw this harmful practice relative to 8th Amendment protections prohibiting cruel and unusual punishment and the political order which is all too inclined to continue use strategy. One of the central aspects of this “ecology of harm”, is the way in which the very structures of this type of confinement, helps to invite and legitimize abusive attitudes and behaviors in penitentiary staff.


2013 ◽  
Vol 9 (1) ◽  
pp. 102-138 ◽  
Author(s):  
András Jakab ◽  
Pál Sonnevend

Hungarian constitutional law – New Basic Law – Continuity with the previous democratic Constitution – Vision of the political community embedded in the new Basic Law – The level of protection of fundamental rights – Continuity and lack of foreseeability in the organisation of the state – European legal procedures against or about Hungary – The life prospects of the new Basic Law – Danger of constitutional crisis whenever the government does not hold a constitution-amending majority


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