Norms and Politics

2019 ◽  
Author(s):  
Arvind Elangovan
Keyword(s):  
Political History ◽  
Civil Servant ◽  
Indian Constitution ◽  
Indian Politics ◽  
British Rule ◽  
Political Interests ◽  
The World ◽  
Ruling Elites

During the twilight of British rule in India, a little known civil servant, Sir Benegal Narsing Rau (1887–1953) was sought after by the ruling elites—both British and Indian—for his immense knowledge of the nature and working of the constitutions of the world as well as his reputation for being just and impartial between competing political interests. Yet, Rau’s ideas and his voice have largely been forgotten today. By examining Rau’s constitutional ideas and following their trajectory in late colonial Indian politics, this book shows how the process of the making of the Indian constitution was actually never separated from the politics of conflict that dominated this period. This book demonstrates that it is only by foregrounding this political history that we can simultaneously remember Rau’s critical contributions as well as understand why he was forgotten in the first place.

A Civil Servant’s Adieu

2019 ◽  
pp. 193-236
Author(s):  
Arvind Elangovan
Keyword(s):  
Political History ◽  
Dominant Role ◽  
Fundamental Rights ◽  
The Political ◽  
Indian Constitution ◽  
Constituent Assembly ◽  
Postcolonial State ◽  
Political Interests ◽  
History Of ◽  
To Come

Contrary to Rau’s ideas, the framers of the Indian constitution, however, were deeply influenced by the political history that preceded the meeting of the Constituent Assembly. As a result, the framers privileged not only Fundamental Rights but also the postcolonial State and the latter’s right to intervene for the cause of social justice. Interestingly, the idea that mainly underscored this act of privileging was not so much to come together to create a state by submitting individual wills (as theorized by social contract theorists, for instance) but rather there was a deep mistrust between the different political interests that were at work in the Constituent Assembly. Thus, by the time of the drafting of the Indian constitution, political history played a dominant role, with norms giving way to a history of politics.

Conflict and Financial Scandal on History, Culture, and Politic

2018 ◽  
Vol 9 (03) ◽  
pp. 20628-20638
Author(s):  
Anik Yuesti ◽  
I Made Dwi Adnyana
Keyword(s):  
Human Rights ◽  
Church Leaders ◽  
Christian Church ◽  
Spiritual World ◽  
Political Interests ◽  
The World ◽  
Financial Scandals ◽  
Financial Transparency ◽  
The Church ◽  
Transparency And Accountability

One of the things that are often highlighted in the world of spirituality is a matter of sexual scandal. But lately, the focus of the spiritual world is financial transparency and accountability. Financial scandals began to arise in the Church, as was the case in the Protestant Christian Church of Bukti Doa Nusa Dua Congregation in Bali. The scandal involved clergy and even some church leaders. This study aims to describe how the conflict occurred because of financial scandals in the Church. The method used in this study is the Ontic dialectic. Based on this research, the conflict in the Bukit Doa Church is a conflict caused by an internal financial scandal. The scandal resulted in fairly widespread conflict in the various lines of the organization. It led to the issuance of the Dismissal Decrees of the church pastor and also one of the members of Financial Supervisory Council. This conflict has also resulted in the leadership of the church had violated human rights. Source of conflict is not resolved in a fair, but more concerned with political interests and groups. Thus, the source of the problem is still attached to its original place.

Adab Konstitusi; Upaya Meluruskan Kesesatan Pikir Konstitusi

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Yogi Prasetyo
Keyword(s):  
Legal System ◽  
The Political ◽  
Legal Basis ◽  
Political Interests ◽  
The World

The Constitution as the legal basis for formation of legislation in the system of Indonesia. The misuse of the constitution (UUD 1945) by the political interests of goverment caused mislead and made the situation of the nation getting worse. Liberal capitalistic value wrapped in modern positivistic legal system that puts the ratio had diverge from culture constitution. needs to be clarified with the balance of conscience through culture constitution. Culture constitution is a constitutional concept who saw citizen of Indonesia as creatures of God by virtue of intelligence and unseen. So with that constitution is formed, conceived and executed to be qualified and to bring the benefit of the world and the hereafter.

Nehru Report, Muslim Demands and the Hindu Mahasabha: Elusive Consensus on Future Constitution

2020 ◽  
Vol 66 (4) ◽  
pp. 534-551
Author(s):  
Bhuwan Kumar Jha
Keyword(s):  
White Paper ◽  
Indian Constitution ◽  
Indian Politics ◽  
Fault Lines ◽  
Independence Era ◽  
The Government ◽  
Colonial Government

The Nehru Report of August 1928 presented the blueprint of a Swaraj Constitution. Encapsulating the demands of the Indians to the colonial government as opposed to the latter’s insistence on seeking opinion through an all-whites commission, the report also presents the historical roots of our present Constitution. Amid opposing claims, consensus over the communal issues in the report, which appeared possible until late 1928, became elusive from the end of December 1928. It was mainly due to the closing of the ranks of significant Muslim leadership behind Jinnah, and an ever-increasing vigilant attitude of the Hindu Mahasabha in not allowing any change beyond what had already been agreed upon. The failure of the report meant an end to the hope of finding a consensual solution to a future Indian Constitution made by the Indians and for the Indians. This, in turn, provided the colonial government with an excuse to impose its scheme through the Communal Award, White Paper and subsequently the Government of India Act of 1935. So, the most elaborate constitutional framework prepared by the leading nationalist leaders during the pre-Independence era finally crumbled under the weight of communal deadlock. This article studies the processes through which the differences over communal representation became so overpowering that they rocked the entire boat. The widening of communal fault lines precipitated by contesting claims over the recommendations of the Nehru Report left serious repercussions over the trajectory of future Indian politics.

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina
Keyword(s):  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Hybrid State ◽  
Political Interests ◽  
The World ◽  
Constitutional Tribunal ◽  
Law And Justice ◽  
The Republic ◽  
Emergency Measures

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

Ecumenical Church and Religious Conversion

2001 ◽  
Vol 18 (1) ◽  
pp. 181-201
Author(s):  
Lalsangkima Pachuau
Keyword(s):  
Eighteenth Century ◽  
Religious Conversion ◽  
Christian Community ◽  
Indian Constitution ◽  
The Bible ◽  
The World ◽  
The Right

AbstractIn this article, Lalsangkima Pachuau responds to contemporary accusations in India that Christian missionaries are forcing conversions, and thereby turning Indians away from their culture. While the Indian Constitution guarantees the right to "propagate" religion, and therefore to accept the movement from one religion (e.g. Hinduism) to another (e.g. Christianity), what is important to understand that "conversion" is not primarily a call to move from one religion to another--much less to abandon one's culture--but is a movement away from self and the "world" toward God. Conversion understood as "changing religions" is much more the product of seventeenth and eighteenth century evangelicalism than it is a true understanding of the Bible. Mission is always about conversion, and entails the invitation to enter the Christian community; such invitation, however, should always be distinguished from a proselytism that only focuses on a change of religious allegiance.

An Analysis of the Power to Issue Ordinance in India

2019 ◽  
Author(s):  
Chandrasekaran Mridul Bhardwaj
Keyword(s):  
Present Form ◽  
Legislative Process ◽  
Indian Constitution ◽  
Legislative Power ◽  
British Rule

Abstract Ordinances making power is one of the most controversial powers that has been vested with executive in India. This power is a substitute of legislative power of the legislature and is meant to be used only in situations comprising of exigencies. However, in practicality this power has often been misused by the executive, and is used to circumvent the legislative process. Due the misuse of this power, it is imperative to examine its history and scope. The power to make ordinance have been a reminiscent of the British rule in India. It was conceptualized through the various Government of India acts, and then post-independence it was adopted under the Indian Constitution. Though the present form of ordinance making power is much more curtailed when compared to the British era, still it leaves ample discretion at the hand of executive to use it erroneously for political gains.

scholarly journals An Exploratory Study of the Political Abuse of Women in Afghanistan

2021 ◽  
Vol 4 (2) ◽  
pp. 381-391
Author(s):  
Isra Sarwar ◽  
Shabnam Gul ◽  
Muhammad Faizan Asghar
Keyword(s):  
Exploratory Study ◽  
Qualitative Method ◽  
Qualitative Data ◽  
The Political ◽  
Secondary Sources ◽  
Political Interests ◽  
The World ◽  
Political Dimensions ◽  
Abuse Of Women ◽  
Status Of Women

Women, the 48.45% of total Afghan population usually termed and referred as the most victimized clan of Afghanistan. It is engendered notion and perceived as reality around the world. Undoubtedly, Mujahidin and later the Taliban have made the situation miserable for women. But, comparatively, women in Afghanistan did not face as many cruelties earlier during Taliban regime as they suffering today. They were secured, honored and allowed to participate equally in all spheres of life ranging from socio-economic to religio-political during the reign of Taliban. Majority of the religious elite among the Muslims interprets the religious teachings according to its own requirements to assure legitimacy particularly in the context of women. Same is the case with Afghanistan, which, being the buffer state, had been remained epicenter for political interests of world powers and who used its soil to expand or legitimize their authority, violate human rights specifically women as wartime strategy to achieve the goals. This intricate study with reference to the manipulated status of women is based on qualitative method and will explore the political dimensions where women have been used as wartime strategy to legitimize the power. It is based on explanatory and exploratory goals of the study. The thematic and observational approach will be used to analyze the available qualitative data by using secondary sources.

scholarly journals Towards an Islamic Enlightenment

2014 ◽  
Vol 31 (1) ◽  
pp. 97-100
Author(s):  
Caroline Tee
Keyword(s):  
New York ◽  
Political History ◽  
The State ◽  
Stanford University ◽  
The World ◽  
The Subject ◽  
Holistic Analysis ◽  
Syracuse University ◽  
The Masses ◽  
Gulen Movement

M. Hakan Yavuz was one of the early contributors to the literature on theGülen movement, co-editing a major volume on the subject with John Espositoin 2003 (Hakan Yavuz and John Esposito, Turkish Islam and the SecularState: The Gülen Movement [Syracuse University Press: 2003]). In the interveningdecade the movement has grown considerably in size and influenceboth within Turkey and beyond, and has emerged as a major source of interestand apparently perennial controversy. Towards an Islamic Enlightenment istherefore a timely if ambitious book, for it sets out to provide a comprehensiveaccount of the movement. The author opens with an analysis of FethullahGülen’s theological teachings and then explores the movement’s structure andorganization, as well as its emergence and development in the context of Turkishsocial, religious, and political history. No other scholar has attempted sucha holistic analysis, for others tend to focus on just one of its many areas of influence,namely, education (Bekim Agai, Zwischen Netzwerk und Diskurs -Das Bildungsnetzwerk um Fethullah Gülen (geb. 1938): Die flexible Umsetzungmodernen islamischen Gedankengutes [EB-Verlag, 2004]), politics(Berna Turam, Between Islam and the State: The Politics of Engagement[Stanford University Press: 2007]), and economic enterprise (Joshua D. Hendrick,Gülen: The Ambiguous Politics of Market Islam in Turkey and the World[New York Press: 2013]).Yavuz lays out his thesis of “Islamic Enlightenment” in the introductionby drawing a paradigmatic distinction between the Muslim intellectual tradition’sliteralist/fundamentalists and modernist/reformists. He acknowledgesthe impact of Enlightenment ideas on the major thinkers in the latter category,but notes that those ideas have historically remained the preserve of the Muslimelite and never “penetrated the masses” (p. 6). According to Yavuz, the ...

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