Hans Kelsen and Carl Schmitt

2014 ◽  
Author(s):  
Stanley L. Paulson
Keyword(s):  
Political Ideology ◽  
Carl Schmitt ◽  
The Political ◽  
Judicial Decision ◽  
Political Dimension ◽  
Hans Kelsen ◽  
The Law ◽  
The Guardian ◽  
Over Time

This chapter traces the intellectual relationship between Hans Kelsen and Carl Schmitt. It is well known that the two legal thinkers had sharply contrasting views on sovereignty, democracy, and the role of unity in the law and in politics. Less well known is Schmitt’s proximity, in his very early work, to Kelsen on certain issues, such as the “is”-“ought” distinction and “points of imputation.” This proximity was short-lived, and the discord between their views increased over time, culminating in the Weimar period in their diametrically opposed views on the “guardian” of the constitution. This chapter reconstructs the evolution of this intellectual antagonism, exploring Schmitt’s arguments under four rubrics: subsumption, the narrow interpretation of “material facts,” the political dimension of the judicial decision, and the neutrality of the Reich president. The thrust of Kelsen’s replies is captured in the idea that Schmitt is engaged in political ideology.

The impact of Political Parties Law no. 36 of 2015 on requlatinq political parties pluralism in Iraq

2021 ◽  
Author(s):  
Kurdistan Saeed
Keyword(s):  
National Identity ◽  
Political Parties ◽  
Legal Framework ◽  
The Political ◽  
Political Opposition ◽  
The Law ◽  
Lack Of Commitment ◽  
The Impact

This study deals with the political parties’ pluralism in Iraq under the Parties Law No. 36 of 2015. The importance of the study lies in the fact that it looks at a topic that is at the heart of democracy and it is necessary for the success of any democratic processes. The study focuses on parties’ pluralism in Iraq since the establishment of the Iraqi state in 1921 until the end of the Baath Party regime in 2003, it also covers the period after 2003 and pays particular attention to the Parties Law No. 36 of 2015. It focuses on the legal framework of political parties after the adoption of the Political Parties Law and studies the impact of this law on parties’ pluralism in Iraq after its approval in 2015. The study concludes that Law No. 36 of 2015 is incapable of regulating parties’ pluralism for reasons including: the lack of commitment by the political parties to the provisions of the law, the inability of the Parties Affairs Department to take measures against parties that violate the law the absence of a strong political opposition that enhances the role of political parties, the association of most Iraqi parties with foreign agendas belonging to neighboring countries, and the fact that the majority of Iraqi parties express ethnic or sectarian orientations at the expense of national identity.

scholarly journals Imunitas Hukum Bagi Notaris Yang Membuka Rahasia Jabatan

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 25
Author(s):  
Rita Permanasari ◽  
Akhmad Khisni
Keyword(s):  
Law Enforcement ◽  
Supervisory Board ◽  
Legal Protection ◽  
The Political ◽  
Constitutional Court ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
Law Regulation

ABSTRAKKetentuan Pasal 4 dan Pasal 16 ayat (1) huruf f Undang-Undang Jabatan Notaris mewajibkan notaris untuk menjaga kerahasiaan segala sesuatu mengenai akta yang dibuatnya dan segala keterangan yang diperoleh guna pembuatan akta sesuai dengan sumpah janji jabatan kecuali undang-undang menentukan lain. Kemungkinan terhadap pelanggaran kewajiban tersebut berdasarkan Pasal 16 ayat (11) Undang-Undang Jabatan Notaris, seorang notaris dapat dikenai sanksi berupa teguran lisan sampai dengan pemberhentian dengan tidak hormat. Terlebih lagi dengan adanya putusan Mahkamah Konstitusi Republik Indonesia dengan Nomor: 49/PUU–X/2012 memutuskan telah meniadakan atau mengakhiri kewenangan Majelis Pengawas Daerah (MPD) yang tercantum dalam Pasal 66 ayat (1) UUJN membuat notaris seakan-akan tidak ada perlindungan hukum bagi notaris dalam menjalankan tugas jabatannya. Ikatan Notaris Indonesia (INI) harus berusaha menjalankan peranan pembinaan dan perlindungan meningkatkan pengetahuan, kemampuan dan keterampilan para notaris. Demikian juga menjalin hubungan dengan para penegak hukum lainnya, agar penegak hukum lainnya yang ada hubungan dengan notaris dapat memahami kedudukan notaris sesuai UUJN.Berangkat dari pemikiran inilah kewajiban ingkar notaris masih tetap dipertahankan oleh pembuat undang-undang dalam revisi Undang-Undang Jabatan Notaris Tahun 2014 yang merupakan konfigurasi kekuatan perlindungan terhadap profesi dan jabatan notaris dari sisi politik.Kata Kunci : Jabatan Notaris, Hak Ingkar, Perlindungan Hukum.ABSTRACTThe provisions of Article 4 and Article 16 paragraph (1) sub-paragraph f of the Notary's Office Law require a notary to maintain the confidentiality of all matters concerning the deeds it has made and all the information obtained for the deed in accordance with the oath of pledge of office except the law otherwise. The possibility of breach of such obligation under Article 16 paragraph (11) of Notary Law Regulation, a notary public may be subject to sanctions in the form of oral reprimands until dismissal with disrespect. Moreover, with the decision of the Constitutional Court of the Republic of Indonesia with the number : 49 /PUU-X/2012 deciding to have canceled or terminated the authority of the Regional Supervisory Board (MPD) listed in Article 66 paragraph (1) UUJN made a notary as if there was no legal protection for a notary in performing duties. The Indonesian Notary Bond (INI) should endeavor to undertake the role of guidance and protection to increase the knowledge, abilities and skills of the notaries. Likewise establish relationships with other law enforcers, so that other law enforcement who has relationship with the notary can understand the position of notary under the UUJN.Departing from this thought the obligation of notarization is still maintained by the lawmakers in the revision of the Law Regulation of Position Notary on Year 2014 which is the configuration of the strength of the protection of the profession and the notary's position from the political side.Keyword : Position of Notary, Right of Remedy, Legal Protection.

Time to Laugh or to Cry?

Making Waves ◽  
2019 ◽  
pp. 157-170
Author(s):  
Mairéad Hanrahan
Keyword(s):  
French Text ◽  
Literary Criticism ◽  
Political Change ◽  
The Political ◽  
Political Struggle ◽  
Defining Moment ◽  
Political Dimension ◽  
Original Time ◽  
First Time ◽  
Over Time

Hélène Cixous’s 1975 ‘Le Rire de la méduse’, later expanded into ‘Sorties’, represented a defining moment in both feminism and literary criticism/theory. When for the first time the French text was republished in 2010, Cixous speculated that the text was – disappointingly – still timely after all those years, contrary to her hopes at the original time of writing. This chapter explores Cixous’s text in relation to time in a number of different respects. It examines the significance of its very particular reception over time, and the implications that the signal failure to read it may have for both feminism and literary criticism/theory. But the chapter also considers the significance of Cixous’s work on time. The very notion of an anniversary, which simultaneously marks both a movement forward and a return to the past, is at odds with the linear, teleological idea of progress that remains dominant in discourses of political struggle. Yet the term ‘revolution’ indicates the importance of a cyclical movement of turning around or returning in effecting political change. This chapter therefore also studies the political dimension of Cixous’s approach to temporality.

Beyond Weimar: The Long Crisis of Liberalism, the Political Economy of the Interwar Conjuncture and the Foundations of Neo-liberalism

2021 ◽  
pp. 44-72
Author(s):  
Michael A. Wilkinson
Keyword(s):  
Political Economy ◽  
Interwar Period ◽  
Historical Perspective ◽  
Carl Schmitt ◽  
The Political ◽  
Karl Polanyi ◽  
Weimar Germany ◽  
The Social ◽  
Hans Kelsen ◽  
Crisis Of Liberalism

<Online Only>This chapter examines authoritarian liberalism as a more general phenomenon ‘beyond Weimar’. It looks outside Weimar Germany and takes a longer historical perspective, revealing deeper tensions in liberalism itself, specifically its inability to respond to the issue of socio-economic inequality in a mass democracy. The major Weimar constitutional theorists—Hans Kelsen, Carl Schmitt, and Hermann Heller—had no answer to the social question as a matter of constitutional self-defence. The chapter then discusses the political economy of the various crises across Europe—in Italy, France, and Austria—revealing a similar quandary. As Karl Polanyi argued, in these contexts, the turn to authoritarian liberalism fatally weakened political democracy and left it disarmed when faced with the fascist countermovement. Later in the interwar period, proposals for neo-liberalism would be introduced, symbolized by the organization of the Walter Lippman Colloquium in 1938.</Online Only>

Introduction

2021 ◽  
pp. 1-18
Author(s):  
Charles Devellennes
Keyword(s):  
News Media ◽  
State Violence ◽  
The Political ◽  
Political Leaders ◽  
The Social ◽  
Fundamental Challenge ◽  
New Type ◽  
The Right ◽  
Over Time

This chapter gives introduces the gilet jaunes. The gilets jaunes, a group of French protesters named after their iconic yellow vests donned during demonstrations, have formed a new type of social movement. The gilets jaunes have been variously interpreted since they began their occupation of French roundabouts. They were at first received with enthusiasm on the right of the French political establishment, and with caution on the left. The fourth weekend saw scenes of violence erupt on the Champs Élysées, notably around and within the Arc de Triomphe, which towers over the first roundabout built in France. The headlines of newspapers and stories of the news media became almost exclusively focused on the violence of the protests. Images of state violence became ever-present on Twitter and independent media outlets, making it clear that it was the use of disproportionate force by police units that was at the centre of the events. The chapter explains that the aim of the book is to show that the use of violence is not the only tale to be told about the role of the protesters in the contemporary French context. Their contribution to the political landscape of France is quite different. They have provided a fundamental challenge to the social contract in France, the implicit pact between the governed and their political leaders. The movement has seen the numbers of participants diminish over time, but the underlying tension between the haves and the have-nots, the winners of globalization and those at risk of déclassement [social downgrading], are enduring and persistent.

6. The European Parliament:

2021 ◽  
pp. 128-148
Author(s):  
Ariadna Ripoll Servent ◽  
Olivier Costa
Keyword(s):  
European Parliament ◽  
Theoretical Explanation ◽  
The Political ◽  
The European Union ◽  
Theoretical Approaches ◽  
Democratic Quality ◽  
Future Challenges ◽  
Over Time

The European Parliament (EP) symbolizes many of the struggles that characterize the process of European integration and is at the core of many theoretical and empirical debates about representation, accountability, and legitimacy. This chapter draws on a variety of theoretical approaches to explain the complex role the EP plays in the political system of the European Union (EU). It starts with a brief overview of the history and functions of the assembly, followed by a theoretical explanation of its empowerment over time. Then, it determines the extent to which the EP is capable of influencing policymaking, both in legislative and non-legislative domains, as well as for the appointment of the Commission. It presents the political structure of the assembly and underlines the role of parliamentary groups and committees. It discusses the representativeness of the EP and the democratic quality of its internal functioning. Finally, it addresses current and future challenges for the EP.

scholarly journals The Only (Other) Poll That Matters? Exit Polls and Election Night Forecasts in BBC General Election Results Broadcasts, 1955–2017

2020 ◽  
pp. 003232172090632
Author(s):  
Stuart Wilks-Heeg ◽  
Peter Andersen
Keyword(s):  
Academic Research ◽  
General Election ◽  
The Political ◽  
Data Set ◽  
Political Consequences ◽  
Academic Literature ◽  
Political Narratives ◽  
Election Results ◽  
Over Time

This article examines the role of results forecasts and exit polls in BBC general election night broadcasts from 1955 to 2017. Despite the substantial role played by academics in results programmes, in devising forecasts and analysing results as they emerge, academic literature on election night broadcasts is scant. This article charts the development of election night forecasting over time and its implications for the structure and content of election night broadcasts. It draws on a unique new data set of verbatim transcripts of the first hour of every BBC election night broadcast from 1955–2017 to quantify the attention paid to forecasts and exit polls and assess how they frame discussion of the likely outcome and its potential political consequences. The article concludes that the function of election night broadcasts as ‘the first draft of psephology’ merits closer attention for both the political narratives and the academic research agendas they generate.

Political Ideology and the Law Review Selection Process

2020 ◽  
Vol 22 (1) ◽  
pp. 211-240
Author(s):  
Adam Chilton ◽  
Jonathan Masur ◽  
Kyle Rozema
Keyword(s):  
Political Ideology ◽  
Selection Process ◽  
The Political ◽  
The Law ◽  
The Relationship ◽  
Share Of Articles ◽  
Do So

Abstract We investigate the role that political ideology plays in the selection process for articles in law reviews. To do so, we match data on the political ideology of student editors from 15 top law reviews from 1990 to 2005 to data on the political ideology of the authors of accepted articles. We find that law reviews with a higher share of conservative editors accept a higher share of articles written by conservative authors. We then investigate potential explanations for this pattern. One possibility is that editors have a preference for publishing articles written by authors that share their ideology. Another possibility is that editors are objectively better at assessing the contribution of articles written by authors that share their ideology. We find evidence that the latter explanation drives the relationship between editor and author ideology.

Looking Forward to the Past? The Politics of Public Health

1991 ◽  
Vol 20 (2) ◽  
pp. 191-213 ◽  
Author(s):  
Rob Baggott
Keyword(s):  
Public Health ◽  
The Political ◽  
Public Health Perspective ◽  
Political Dimension ◽  
Public Health Policies ◽  
The Public ◽  
Political Agents ◽  
Public Health Reform ◽  
Public Health Movement

ABSTRACTThis article explores the role of political agents, institutions, circumstances, and ideas in the development of public health policies in Britain. The first part attempts to define public health. The second section of the article looks at the experience of the Victorian public health movement. The final part considers the re-emergence of the public health perspective. The underlying theme of the article is that an awareness of the political dimension, both contemporary and historical, improves our understanding of developments in the field of public health. The main conclusions reached are: first, that given the formidable political obstacles which exist, public health reform will only succeed if the reformers themselves operate with full awareness of the political dimension; second, that the modern public health debate is unlikely to be resolved in the short term.

Wavering Azerbaijani Literati Views of America: From the Russian Tsarist through the Modern Periods

2014 ◽  
Vol 48 (3) ◽  
pp. 839-871
Author(s):  
HAMLET ISAKHANLI
Keyword(s):  
Political Ideology ◽  
Soviet Period ◽  
American People ◽  
The Political ◽  
Modern Times ◽  
The Past ◽  
Creative Writers ◽  
The Usa ◽  
Global Events ◽  
Over Time

The historical thoughts and opinions of one nation regarding another are useful both for the purpose of analyzing global events and for understanding both nations. Until modern times, the Azerbaijani people did not have contact with the USA or widespread knowledge of American people, but throughout the past two centuries elite Azerbaijani thinkers and scholars have expressed interest in America from various viewpoints, including the political, scientific, and educational fields. The article reviews statements about the USA as they are documented in the publications by Azerbaijani historians, journalists, creative writers, educators, and politicians from the 1830s through to contemporary times. Using these documents, and poetry of Soviet times, the article analyzes Azerbaijani perspectives on America, which over time have wavered, both upwards and downwards, but often reflected the prevailing political ideology towards the USA, particularly during the Soviet period.

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