Constitutionalism without Borders and Governance beyond the States

2020 ◽  
pp. 438-471
Author(s):  
Miguel Poiares Maduro ◽  
Neil Komesar
Keyword(s):  
Decision Making ◽  
Global Governance ◽  
The State ◽  
State Change ◽  
Governance Mechanisms ◽  
Global Order ◽  
State Constitutions ◽  
The World ◽  
The Way

This chapter explores the role of governments, governance, and constitutions in an increasingly interdependent world. Interdependence has always led to governance. As world interdependence grows, so does the need and claims for governance beyond the state. At the same time, the forms of governance beyond the state we see developing are strongly contested and, more importantly, difficult to map and assess. Furthermore, those forms of governance beyond the state seem to increasingly depart from the paradigm of state delegation and eliminate the distinction between the state as an international and internal actor. In some cases, they also increasingly recognize individuals as actors of the global order. The chapter exposes the way through which processes of governance beyond the state change the forms and locus of power at the national as well as the international levels. They also challenge the character and conditions supporting state constitutionalism and with it they require a rethinking of constitutionalism itself. Even if the constitutional nature of the emerging forms of transnational and global governance is contested, what cannot be denied is their impact on state constitutionalism. The chapter sets out an approach to understanding how state constitutions and the governance mechanisms or, even, constitutionalism of the world interact. In considering those questions of constitutionalism, the chapter tries to avoid a common but deadly analytical trap: perfectionism or single institutionalism. Instead it adopts and articulates a comparative institutional alternative. The chapter argues that there may be many competing goals or values at play in considering constitutions and constitutionalism beyond the state, but how well any of these will be achieved will be determined by the functioning of the decision-making institutions chosen and, in turn, the functioning of these institutional alternatives will be determined by the dynamics or patterns of participation.

scholarly journals Distributive principles of economic justice: an Islamic perspective

2012 ◽  
Vol 2 (2) ◽  
pp. 241
Author(s):  
Zakiyuddin Baedhawy
Keyword(s):  
Decision Making ◽  
Distributive Justice ◽  
Economic Justice ◽  
The State ◽  
Public Welfare ◽  
Induction Method ◽  
The Poor ◽  
Role Of The State ◽  
The World

Poverty and impoverishment in the world currently continue to increase as aresult of distributive justice systems and its principles that became the basis ofcontemporary economics did not succeed in allocating and distributing resourcesjustly. Based on this problem, this study aimed at describing the Islamic responseto the problem of distributive injustice, and how necessarily the state played arole in upholding distributive justice. Through the thematic-induction method andthe synthetic analysis, the study finds out several findings as follows. Firstly,Islam formulated three principles of distributive justice as follows: 1) the Distributionof natural and the environmental resources was in the framework of participation;2) the Redistribution of the wealth and the income were joint responsibilityof ascertaining social security, the increase in the capacity and the authorityfor them who were disadvantage; and 3) the Role of the state was certaintythat was complementary for the ethical market in order to guarantees the senseof justice and the achievement of public welfare. Secondly, according to Islam,the process of the redistribution of the wealth and the income aimed at givingsocial security on the fulfillment of basic needs for the poor; strove for the increasein the capacity through education and skills; and increased the poor’sbargaining position through their participation in decision making that was linkedwith their interests and the control on its implementation. Thirdly, the intention of establishing justice was to gain both individual and public welfare and the happiness(al-fala>h}).Kemiskinan dan pemiskinan di dunia kontemporer terus meningkat sebagai akibatsistem keadilan distributif dan prinsip-prinsipnya yang menjadi basis ekonomisaat ini tidak berhasil dalam mengalokasikan dan memeratakan sumber dayasecara adil. Berdasarkan masalah ini, kajian ini bertujuan untuk menjelaskanrespon Islam atas problem ketidakadilan distributif, dan bagaimana seharusnyanegara ambil peranan dalam menegakkan keadilan distributif. Melalui metodeinduksi-tematik dan analisis sintetik, kajian ini menemukan beberapa hal pentingantara lain. Pertama, Islam telah merumuskan tiga prinsip keadilan distributifsebagai berikut: 1) pemerataan sumber daya alam dan lingkungan dalamkerangka partisipasi; 2) redistribusi kekayaan dan pendapatan dalam rangkamemastikan keamanan sosial, dan meningkatkan kapasitas dan otoritas bagimereka yang kurang/tidak beruntung; dan 3) peran negara merupakan pelengkapbagi pasar yang etis dengan maksud untuk menjamin rasa keadilan dantercapainya kesejahteraan publik. Kedua, menurut Islam, proses redistribusikekayaan dan pendapatan bertujuan untuk memberikan jaminan sosial bagipemenuhan kebutuhan orang miskin; untuk meningkatkan kapasitas merekamelalui pendidikan dan pelatihan; dan meningkatkan posisi tawar kaum miskinmelalui partisipasi dalam pengambilan keputusan yang berkaitan langsung dengankepentingan mereka, serta kendali atas pelaksanaan keputusan tersebut. Ketiga,maksud penegakkan keadilan ialah untuk mewujudkan kesejahteraan sekaliguskebahagiaan individu dan publik.

scholarly journals The Role of Russia in the International Anti-terrorism Cooperation

2016 ◽  
pp. 43-51
Author(s):  
A A Uraniyan
Keyword(s):  
Decision Making ◽  
International Law ◽  
The State ◽  
Decision Making Process ◽  
Foreseeable Future ◽  
The World

This article examines the role of Russia in the international anti-terrorism cooperation. The author analyzes Russian anti-terrorist activities since the war in Chechnya in 1990s till nowadays. The article notes that the state performs regularly with useful profile initiatives on the world arena and operates within the framework of the international law in the decision making process and during the operations. Particular attention is paid to the events that occurred in 2015, when Russia began a struggle against terrorism in Syria, becoming the only state that carries out anti-terrorist actions according to the official handling of the legitimate president of Syria: the author evaluates the data of events and makes forecast on the development of the situation in the foreseeable future.

The Role of Music and Allied Arts in Public Writings on Cultural Diversity: “People of Sri Lanka”

2020 ◽  
Vol 6 ◽  
pp. 93-100
Author(s):  
Gisa Jähnichen
Keyword(s):  
Sri Lanka ◽  
Cultural Diversity ◽  
South Asia ◽  
Case Studies ◽  
Sri Lankan ◽  
Culturally Different ◽  
The World ◽  
Official Languages ◽  
The Way

The Sri Lankan Ministry of National Coexistence, Dialogue, and Official Languages published the work “People of Sri Lanka” in 2017. In this comprehensive publication, 21 invited Sri Lankan scholars introduced 19 different people’s groups to public readers in English, mainly targeted at a growing number of foreign visitors in need of understanding the cultural diversity Sri Lanka has to offer. This paper will observe the presentation of these different groups of people, the role music and allied arts play in this context. Considering the non-scholarly design of the publication, a discussion of the role of music and allied arts has to be supplemented through additional analyses based on sources mentioned by the 21 participating scholars and their fragmented application of available knowledge. In result, this paper might help improve the way facts about groups of people, the way of grouping people, and the way of presenting these groupings are displayed to the world beyond South Asia. This fieldwork and literature guided investigation should also lead to suggestions for ethical principles in teaching and presenting of culturally different music practices within Sri Lanka, thus adding an example for other case studies.

scholarly journals Robots as intelligent assistants to face COVID-19 pandemic

2020 ◽  
Author(s):  
Valeria Seidita ◽  
Francesco Lanza ◽  
Arianna Pipitone ◽  
Antonio Chella
Keyword(s):  
Technological Progress ◽  
World Economy ◽  
The State ◽  
Research Groups ◽  
Negative Effects ◽  
The World ◽  
Intelligent Assistants

Abstract Motivation The epidemic at the beginning of this year, due to a new virus in the coronavirus family, is causing many deaths and is bringing the world economy to its knees. Moreover, situations of this kind are historically cyclical. The symptoms and treatment of infected patients are, for better or worse even for new viruses, always the same: more or less severe flu symptoms, isolation and full hygiene. By now man has learned how to manage epidemic situations, but deaths and negative effects continue to occur. What about technology? What effect has the actual technological progress we have achieved? In this review, we wonder about the role of robotics in the fight against COVID. It presents the analysis of scientific articles, industrial initiatives and project calls for applications from March to now highlighting how much robotics was ready to face this situation, what is expected from robots and what remains to do. Results The analysis was made by focusing on what research groups offer as a means of support for therapies and prevention actions. We then reported some remarks on what we think is the state of maturity of robotics in dealing with situations like COVID-19.

‘Chinese’ hegemony from a Korean shi perspective: aretocracy in the early modern East Asia

2020 ◽  
Author(s):  
Inho Choi
Keyword(s):  
Early Modern ◽  
East Asia ◽  
Global Governance ◽  
World Order ◽  
Legitimate Authority ◽  
Normative Influence ◽  
Global Order ◽  
Modern Chinese ◽  
Chinese State

Abstract The study of pre-modern Chinese hegemony is crucial for both theorizing hegemony and envisioning a new global order. I argue the pre-modern Chinese hegemony was a reciprocal rule of virtue, or aretocracy, driven by the transnational sociocultural elites shi. In contrast to the prevailing models of Chinese hegemony, the Early Modern East Asia was not dominated by the unilateral normative influence of the Chinese state. The Chinese and non-Chinese shi as non-statist sociocultural elites co-produced, through their shared civilizational heritage, a hegemonic order in which they had to show excellence in civil virtues to wield legitimate authority. In particular, the Ming and Chosŏn shi developed a tradition of envoy poetry exchanges as a medium for co-constructing Chinese hegemony as aretocracy. The remarkable role of excellent ethos for world order making in Early Modern East Asia compels us to re-imagine how we conduct our global governance.

History, Politics, Law

2021 ◽  
Keyword(s):  
Cross Section ◽  
Political Thought ◽  
International Institutions ◽  
The Political ◽  
Global Order ◽  
The World ◽  
History Of ◽  
And Gender ◽  
The Many

Historians of political thought and international lawyers have both expanded their interest in the formation of the present global order. History, Politics, Law is the first express encounter between the two disciplines, juxtaposing their perspectives on questions of method and substance. The essays throw light on their approaches to the role of politics and the political in the history of the world beyond the single polity. They discuss the contrast between practice and theory as well as the role of conceptual and contextual analyses in both fields. Specific themes raised for both disciplines include statehood, empires and the role of international institutions, as well as the roles of economics, innovation and gender. The result is a vibrant cross-section of contrasts and parallels between the methods and practices of the two disciplines, demonstrating the many ways in which both can learn from each other.

Triage in der (Strafrechts-) Wissenschaft

2021 ◽  
Keyword(s):  
Scientific Community ◽  
The State ◽  
The World ◽  
The Individual ◽  
Available Resources

The COVID-19 pandemic forced physicians around the world to make tragic decisions: Whose life should be saved when it is apparent that available resources are insufficient to treat everyone? Under the heading of "triage" a broad societal debate ensued that also ignited the scientific community. This anthology unites voices from medicine, law, and philosophy for a conversation. It reveals controversies that are deeply rooted in ideas of law, morality, and the role of the individual in the state. Simultaneously, answers are being formulated to questions that have become sadly prominent in the COVID pandemic but could also valid beyond it.

scholarly journals Analisis Peran Negara Di Bidang Ekonomi Dalam Prespektif Sistem Kapitalisme, Sosialisme, Dan Ekonomi Islam

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Kambali
Keyword(s):  
Interest Rates ◽  
Conceptual Framework ◽  
Economic System ◽  
Economic Crisis ◽  
The State ◽  
Planning System ◽  
Role Of The State ◽  
The World ◽  
Low Interest Rates

The economic crisis that convolved the world economy a few years ago is the result of a series of government policies in the economic field. Starting from the Subprime Mortgage in America, the crisis eventually spreads across all sectors of the economy. As analysts say that the explosion of the current economic crisis is caused by the trend of low interest rates that are applied by the Fed. The trend of low interest rates will give rise to expectation of market to future economic situation. It is characterized by the overflow of capital expansion in all sectors, especially in property sector. Today, along with the growing mobility of capital from one country to another as part of unavoidable economic liberalization, mobility of capital, on the one hand, has spawned some of the imbalances in the life of a State. The powerlessness can not be separated from economic ideology and system on state role in the economy. Capitalism with its laissez faire brings the concept of state minimal role in the economy. In the empirical facts, it is broken by the crisis situation in 1930 and today's financial crisis. Socialism tends to carry the central role of the State in the economy through the centralistic planning system. The fall of the Soviet Union in the 1980s brought the world to a choice whether reconstructing capitalism or socialism as Fukuyama and Gidden said. On the other hand, as the new system, the economic system of Islam brings the concept of the role of the State in the economy on the basis of universal values of Islam, such as justice in the economy which is reflected in the mechanism of the prohibition of riba (usury), just income distribution and redistribution of income through zakat and social security. This article is an exposure of the State's role in the economy which is studied through the perspective of today’s economic system. The systems are capitalism, socialism, and Islam. The article not only explores conceptual framework, but also also contains an empirical framework mapping and how the conceptual framework is operated. At the end, from the two mapping (conceptual and empirical), author draws a reflection of how the State should play a role in the economic field. Keywords: Capitalism, Socialism, Islam, Economic Role of State

scholarly journals Corruption and Combating Corruption: A Framework for Peace, Human Rights and Sustainable Development in Post-Independent Africa

2018 ◽  
Vol 9 (5) ◽  
pp. 9-17
Author(s):  
Eric Che Muma
Keyword(s):  
Decision Making ◽  
Sustainable Development ◽  
Economic Development ◽  
Human Rights ◽  
Sustainable Peace ◽  
The World ◽  
Decision Making Processes ◽  
Global Peace ◽  
The Way

Abstract Since the introduction of democratic reforms in post-independent Africa, most states have been battling corruption to guarantee sustainable peace, human rights and development. Because of the devastating effects of corruption on the realisation of peace, human rights and sustainable development, the world at large and Africa in particular, has strived to fight against corruption with several states adopting national anti-corruption legislation and specialised bodies. Despite international and national efforts to combat corruption, the practice still remains visible in most African states without any effective accountability or transparency in decision-making processes by the various institutions charged with corruption issues. This has further hindered global peace, the effective enjoyment of human rights and sustainable development in the continent. This paper aims to examine the concept of corruption and combating corruption and its impact on peace, human rights and sustainable development in post-independent Africa with a particular focus on Cameroon. It reveals that despite international and national efforts, corruption still remains an obstacle to global peace in Africa requiring a more proactive means among states to achieve economic development. The paper takes into consideration specific socio-economic challenges posed by corruption and the way forward for a united Africa to combat corruption to pull the continent out of poverty, hunger and instability, and to transform it into a better continent for peace, human rights and sustainable development.

scholarly journals State Sovereignty of the Russian Federation in View of Amendments to the Constitution of the Russian Federation Adopted in 2020

2020 ◽  
Vol 11 ◽  
pp. 21-23
Author(s):  
Aleksey L. Bredikhin ◽  
◽  
Evgeniy D. Protsenko ◽  
Keyword(s):  
Russian Federation ◽  
Political System ◽  
The State ◽  
State Sovereignty ◽  
The World ◽  
The Russian Federation

In this article, the authors analyze the amendments to the Constitution of the Russian Federation, adopted in 2020, with a view to their influence on the state of Russian sovereignty and note that the topic of sovereignty is central to these amendments. Researchers conclude that the amendments constitute, first and foremost, the strengthening of the sovereignty of the Russian Federation, the autonomy of state jurisdiction, and the increasing status and role of Russia in the world political system.

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