The political responsibility for Royal pardons in Belgium during the 19th century (1830–1900)

2007 ◽  
Vol 75 (2) ◽  
pp. 153-178
Author(s):  
J. Monballyu
Keyword(s):  
19Th Century ◽  
Death Sentence ◽  
The Political ◽  
Political Responsibility ◽  
Constitutional Convention ◽  
Political Position ◽  
Opposite View ◽  
The Government ◽  
The 19Th Century ◽  
Made In

AbstractIn Belgium, the Royal Prerogative of pardoning convicted criminals was legally embedded in the Constitution of 14th February, 1831. It allowed the King to reduce a sentence or to grant a discharge of a sentence given by a court. Any Royal decision to pardon had, however, to be countersigned by a member of the Government, who took on the political responsibility of the decision towards Parliament. In most cases, the task fell upon the Minister of Justice. During the 19th century, in both Houses of the Belgian Parliament, the Minister of Justice was repeatedly questioned about the way the prerogative of pardoning was exercised. This usually occurred when a death sentence had been commuted to a lesser sentence. In such cases, members of the Chamber of Representatives or of the Senate would ask for an explicit justification of a particular pardon. Only exceptionally would a Government Minister be challenged about the legality of a decision either granting or refusing a pardon. Because of the constitutional convention which prevents exposing directly the political position of the King, Jules d'Anethan (Minister of Justice 1843–1847) defended the Minister's right to refuse to give any reasons for a decision regarding a pardon. He only acknowledged Parliament's right to question a Minister about his general policy on pardons. In his view, it was not within Parliament's powers to ask a Minister of Justice why a pardon had been granted or refused in a specific case. That view tended to limit considerably a Minister's responsibility for Royal pardons: it became no more than an empty shell. Another Minister of Justice, Théophile De Lantsheere (1871–1878), took an opposite view. He refused to state his general policy on pardons, but he accepted to explain the specific reasons why a Royal decision granting or refusing a pardon had been made. In his view, a pardon was in the first place a matter for the Minister's conscience. Parliament was therefore entitled to assess his particular actions. However, in the line of his predecessors' and successors' view, he believed that the reasons why the King had insisted on a pardon or refused to grant a pardon should not be mentioned to Parliament. Pardon was an issue between King and Government, not between King and Parliament. As the saying goes in Belgian constitutional law: The Crown should never be laid 'bare'.

The political and legal views of Mikhail Speranskiy in the Rules on the Siberian Kirghiz

2016 ◽  
Vol 84 (1-2) ◽  
pp. 290-312 ◽  
Author(s):  
Roman Yu. Pochekaev
Keyword(s):  
19Th Century ◽  
Practical Importance ◽  
The Political ◽  
Substantial Part ◽  
Government Reform ◽  
Administrative Reforms ◽  
History Of ◽  
The Government ◽  
Regional Authorities ◽  
The 19Th Century

Mikhail Speranskiy, an outstanding Russian statesman and legislator of the first half of the 19th century, was Governor-General of Siberia from 1819 to 1821. The main result of this moment in his career was the government reform in Asiatic Russia as well as the formulation in 1822 of a set of codes – rules and regulations – for Siberia and its peoples. Speranskiy tried to incorporate his theories on state and law into these codifications. One of these codes was the Rules on the Siberian Kirghiz which provided for a reform of the government system of the Kazakhs (‘Kirghiz’ in the Russian pre-revolutionary tradition) of the Middle Horde, who were under the control of Siberian regional authorities. The Middle Horde became a place where Speranskiy could experiment with his ideas. Previous researchers have paid more attention to the consequences of the promulgation of the ‘Rules on the Siberian Kirghiz’ for the later history of Kazakhstan. This paper clarifies which specific ideas of Speranskiy on state and law the Rules on the Siberian Kirghiz reflect, and answers the question of whether they had practical importance. A substantial part of the ‘Rules on the Siberian Kirghiz’ was, in fact, ineffective and would not be used in practice because of Speranskiy’s lack of knowledge of the Kazakhs, and his underrating of their political and legal level. At the same time, the authority of Speranskiy in 19th century Russia as legislator and reformer was so high that his Rules on the Siberian Kirghiz remained in force until the 1860’s, when the next substantial administrative reforms of the Kazakh steppe took place.


“The Polish Question” and Government Policy in the Territory of Byelorussia in the First Half of the 19th century

2020 ◽  
Vol 58 ◽  
pp. 169-180
Author(s):  
Igor V.  Orzhekhovsky ◽  
Valentina A.  Teplova
Keyword(s):  
19Th Century ◽  
Government Policy ◽  
The Political ◽  
Religious Policy ◽  
Political Situation ◽  
Polish Question ◽  
The Government ◽  
The 19Th Century

The article examines the influence of the «Polish question» arising as the result of the division of the Polish-Lithuanian Commonwealth on the government policy pursued on Byelorussian lands in the first half of the 19th century. Remaining unchanged in its essence, the forms and methods of this policy changed depending on the political situation in the Byelorussian-Lithuanian region. The «Polish question» manifested itself most vividly in the class, legislative, national-religious policy and in education.

scholarly journals Fiscal Thoughts and Their Evolution before the 19th Century

2020 ◽  
Vol 7 (1) ◽  
pp. 315-319
Author(s):  
Qing Han
Keyword(s):  
Public Finance ◽  
19Th Century ◽  
Interdisciplinary Research ◽  
Market Failure ◽  
The Political ◽  
Failure Theory ◽  
New Ideas ◽  
Similarities And Differences ◽  
The Government ◽  
The 19Th Century

The tradition of English classical public finance thinks the government are out of the society and can intervene it. Base on former thought and the market failure theory, the mainstream public finance has a clear tendency to oppose the market and the government. This approach not only ignored the political functions of government but also cannot explain the PPP and NPM. The cameralism’s view of the government provided new ideas for explaining this issue. Through the analysis and comparison of the financial thoughts of Britain and Germany before the 19th century, this paper clarifies the evolutionary logic of British fiscal thought, compares the similarities and differences between the British and German financial thoughts. Besides this paper also discusses the roots of these two traditions view of the government. The fiscal theory of cameralism not only reflects the subjective initiative of the government but also conforms to the reality of our country. These traditions interdisciplinary research tendency should also be re-emphasized.

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

The Concept of “Zemsky Sobor” in the Interpretation of State Authority in Russia of the 19th Century: From Karamzin to Stepnyak-Kravchinsky

2018 ◽  
Vol 42 ◽  
pp. 140-155
Author(s):  
Dmitry A. Badalyan
Keyword(s):  
19Th Century ◽  
Political Discourse ◽  
17Th Century ◽  
The Political ◽  
Key Concepts ◽  
State Authority ◽  
The 19Th Century

“Zemsky Sobor” was one of the key concepts in Russian political discourse in the 19th and the beginning of the 20th centuries. It can be traced to the notion well-known already since the 17th century. Still in the course of further evolution it received various mew meaning and connotations in the discourse of different political trends. The author of the article examines various stages of this concept configuring in the works of the Decembrists, especially Slavophiles, and then in the political projects and publications of the socialists, liberals and “aristocratic” opposition.

Byelorussian Nationalism and Western Russianism: the Problem of Confrontation

2020 ◽  
Vol 58 ◽  
pp. 161-168
Author(s):  
Alexander D. Gronsky
Keyword(s):  
19Th Century ◽  
Political Representation ◽  
National Policy ◽  
Negative Attitude ◽  
Great Patriotic War ◽  
The Government ◽  
The 19Th Century ◽  
The Relationship

The article examines the relationship between Western Russianism (Zapadnorusizm) and Byelorussian nationalism. Byelorussian nationalism is much younger than Western Russianism, finally shaping only in the end of the 19th century. Before 1917 revolution Byelorussian nationalism could not compete with Western Russianism. The national policy of the Bolsheviks contributed to the decline of Western Russianism and helped Byelorussian nationalism to gain stronger positions. However, Byelorussian nationalists actively cooperated with the occupation authorities during the Great Patriotic war. That caused distinctly negative attitude of Byelorussians towards the movement and collaborators. Currently, Byelorussian nationalism is supported both by the opposition and by the government. Western Russianism has no political representation, but is supported by the majority of Byelorussian population.

Reasons for the Onset of the Uniat Clergy’s Movement Towards Orthodoxy in the Russian Empire in the Beginning of the 19th Century

2020 ◽  
Vol 58 ◽  
pp. 293-317
Author(s):  
Protopriest Alexander Romanchuk
Keyword(s):  
19Th Century ◽  
Government Policy ◽  
Catholic Church ◽  
Russian Empire ◽  
Latin Church ◽  
The Government ◽  
The Russian Empire ◽  
In The Beginning ◽  
Church Service ◽  
The 19Th Century

The article studies the system of pre-conditions that caused the onset of the uniat clergy’s movement towards Orthodoxy in the Russian Empire in the beginning of the 19th century. The author comes to the conclusion that the tendency of the uniat clergy going back to Orthodoxy was the result of certain historic conditions, such as: 1) constant changes in the government policy during the reign of Emperor Pavel I and Emperor Alexander I; 2) increasing latinization of the uniat church service after 1797 and Latin proselytism that were the result of the distrust of the uniats on the part of Roman curia and representatives of Polish Catholic Church of Latin church service; 3) ecclesiastical contradictions made at the Brest Church Union conclusion; 4) division of the uniat clergy into discordant groups and the increase of their opposition to each other on the issue of latinization in the first decades of the 19th century. The combination of those conditions was a unique phenomenon that never repeated itself anywhere.

THE STOCKHOLDER REVIEW COMMITTEE OF THE CHESAPEAKE AND OHIO CANAL COMPANY, 1828–1857: EVIDENCE OF CHANGES IN FINANCIAL REPORTING AND CORPORATE GOVERNANCE

2006 ◽  
Vol 33 (1) ◽  
pp. 125-143 ◽  
Author(s):  
Robert W. Russ ◽  
Gary J. Previts ◽  
Edward N. Coffman
Keyword(s):  
Corporate Governance ◽  
19Th Century ◽  
Financial Reporting ◽  
Financial Management ◽  
Governance Structure ◽  
The Political ◽  
Review Committee ◽  
Corporate Governance Structure ◽  
Corporate Form ◽  
The 19Th Century

Canal companies were among the first enterprises to be organized in the corporate form and to require large amounts of capital. This paper examines the stockholder review committee of a 19th century corporation, the Chesapeake and Ohio Canal Company (C&O), and discusses how the C&O used this corporate governance structure to monitor and improve financial management and operations. A major strength was the concern and dedication of the stockholders to the company, while a major weakness was the political control exerted by the State of Maryland. The paper provides an historical perspective on corporate governance in the 19th century. This research contributes to the literature by providing detailed workings and practices of a stockholder review committee. The paper documents corporate governance efforts in archival sources that provide an early example of accountability required in a corporate charter and the manner in which the stockholders carried out this responsibility.

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