Gerechtelijke nationale cultuur en haar blinde vlek: de mercuriales en gelegenheidsredes van Charles Faider als procureur-generaal bij het Hof van Cassatie (1871–1885)

Author(s):  
Bram Delbecke

AbstractThis article sketches the attitude of the Belgian liberal magistrate and politician Charles Faider towards the constitutional civil liberties and freedoms. One can discover an interesting paradox by comparing his opening speeches and his acts as a politician. In the speeches he gave as procureur-général at the Cour de cassation, Faider consequently emphasised the beneficiary effects of the liberal 1831 Belgian Constitution. In his discourse, the Belgian magistrates were the best guards of the splendid future of the nation, because they fully understood the age-old national tradition of civil liberties. However, as a politician, he did not hesitate to limit the constitutional rights and liberties. Due to the political pressure of Napoleon III, he limited the freedom of the press by outlawing insulting foreign heads of state. The gap between his discourse and his practice is the perfect expression of an interesting paradox: in the 19th-century Belgian nation state, liberty and national identity profoundly influenced each other, but at the same time restricted their mutual possibilities, because the overall image of a free but responsable nation had to be maintained.

2021 ◽  
pp. 1-29
Author(s):  
Sam Lebovic

In the 1930s and 1940s, the conservative newspaper industry argued that the First Amendment should shield them from New Deal economic regulations. This article uses these forgotten clashes about freedom of the press to provide a new history of the origins and trajectory of the anti-regulatory First Amendment. It shows that conservative newspaper attorneys were at the forefront of efforts to use civil liberties to protect their economic interests in the New Deal. But it argues that these efforts were only partially successful. The courts rejected these maximalist First Amendment claims, distinguishing between economic liberties and civil liberties. But maximalist claims were more successful in the political culture, where conservative newspapers helped legitimize a belief that a laissez-faire “marketplace of ideas“ was a liberal principle with deep roots in the past. The origins of First Amendment Lochnerism thus lie not in judicial precedent, but in contestation in the political culture. A clearer understanding of the dynamics of this long-running effort to deploy civil liberties claims for conservative purposes, the article concludes, will help us better navigate the contemporary crises of the First Amendment.


2020 ◽  
Vol 1 (2) ◽  
pp. 19-29
Author(s):  
Anak Agung Ngurah Agung Wira Bima Wikrama

Political parties are the only institution that has the right to propose candi- dates for president and vice president as stipulated in Article 6A paragraph 2 of the 1945 Constitution so that they will have power and legitimacy as heads of state and heads of government. These constitutional rights are not owned by any democratic institution other than political parties. However, in the process of holding the general election, it does not always go as expected, as stated in the KPU’s laws and regulations. There were irregulari- ties committed by candidates and by political parties in the form of Money Politics.According to the political dowry event is in the general election area based on the legal principle of Lex specialis derogat legimitation generaly which states that the law is specific (lex specialis) overrides the general law (lex generalis) the Money Politic event is resolved by an institution, namely Bawaslu (General Election Supervisory Board).Besides the Article 6A paragraph 2 of the 1945, there is also Law Number 10 of 2016 concerning the Second Amendment of Law No. 1 in 2015 concerning the stipulation of Perppu (the governmental regulation of low amandement) Number 1 in 2014 according to the governor’s election, regents and mayors, especially in Article 47, Article 187A,Article 187B, Article 187C and Article 187D which regulates general elections. But in reality there are many irregularities in the implementation of the Constitution and etc.Events in the form of political dowry still occured which is evidenced by the infor- mation given by several witnesses and as the victim and perpetrator of the political dowry. Surprisingly, the General Election Supervisory Board (Bawaslu) as an election watchdog institution mandated by the Act to enforce the prevailing regulations is very difficult to carry out its duties, reminding that Bawaslu has weaknesses in handling the alleged polit- ical dowry. The weakness of Bawaslu is that they do not have the power to take witnesses or people who will be questioned.The author argues that there is a need for a legal protection in the form of a law that provides better opportunities to Bawaslu so that the position of Bawaslu as an election supervisory bord can be much stronger.


Author(s):  
Thomas Kselman

This chapter examines the religious choices of Félicité Lamennais, a key figure in the political and religious debates of the French Restoration. After flirting with the doctrines of Rousseau as an adolescent, Lamennais converted to ultramontane Catholicism, convinced that papal authority was the only reliable basis for social order. State repression of Catholicism in Poland, Belgium, Ireland, and France in 1830 led Lamennais to alter his views and embrace a marriage of “God and Liberty” in which Catholics would support the separation of church and state, and defend political and civil liberties, in particular the freedom of the press. Twice condemned by Pope Gregory XVI, Lamennais abandoned Catholicism and embraced the right of freedom of conscience that he had formerly condemned.


2012 ◽  
Vol 24 (4) ◽  
pp. 292-297 ◽  
Author(s):  
Lynn Adelman ◽  
Jon Deitrich

This article discusses the continued importance of rigorous habeas corpus review of state court convictions, particularly those obtained in states with an elected judiciary. Given the political pressures faced by elected judges and the tremendous amounts of money now being spent by candidates and third party groups in state judicial elections, it is highly doubtful that state courts can sufficiently protect and enforce the constitutional rights of unpopular litigants such as the criminally accused. An emerging body of research demonstrates that political pressure does indeed affect the manner in which judges rule in criminal cases. Accordingly, habeas corpus review by life-tenured federal judges should, if anything, be expanded, rather than reduced or eliminated, as some have argued.


2020 ◽  
Vol 27 ◽  
pp. 123-136
Author(s):  
Jędrzej Paszkiewicz

The aim of the article is to show the forms and content of public and political activity of the Slavic elites in Bosnia and Herzegovina during the time of Habsburg rule (1878–1914). The research into the press releases and academic publications allows to show the most prominent circles and individuals who aspired to be the representatives of the people, defined in accordance with ethnic and religious divisions. These groups are characterised via an analysis of the correlation between the socio-political circumstances in Bosnia and the external influences (such as ideologies, personal and organisation relations, the impact of the state authorities). The political stances among the most prominent circles are portrayed in the context of the legal and institutional solutions regarding Bosnia, as well as the ethnic and religious policy of the Habsburg administration.


2015 ◽  
pp. 19-31
Author(s):  
Vitomir Mitevski

The Influence of Ancient Greek Culture on Macedonian Literature of the 19th CenturyIn Macedonia under the Ottoman rule during the nineteenth century, the Macedonian people-the nation is subject to political pressure and the cultural influence of Turkey and other countries. Under the influence of propaganda leading by Athens and education politics in the area of contemporary Republic of Macedonia, some Macedonian militant intellectuals embraced, at the same time, were influenced by romanticism and the Old-Greek culture, which strongly affect their literary works. In this context, two authors are viewed as the most significant-Jordan Hadji Murad Konstantinov Džinot and Grigor Prlichev. Džinot is the author of dramatized dialogue inspired by the classic Greek mythology, at the school, where he is a teacher. On the pages of the press he announces the publication of its ancient-themed dramas, however, for unknown reasons, none of them does not appear in print. Prlichev well knew the Old-Greek and is an admirer of the works of Homer. Influenced by the poetry of Homer writes in an epic poem in the archaized Greek. Wpływ starogreckiej kultury na literaturę macedońską w XIX wiekuW ramach imperium osmańskiego, którego częścią jest Macedonia w ciągu XIX wieku, macedoński lud-naród podlega politycznej presji i wpływom kulturowym ze strony Turcji i innych państw. Pod wpływem propagandy, którą prowadzą Ateny i która wyraża się m.in. w zakładaniu swoich szkół w Macedonii, niektórzy macedońscy intelektualiści, ogarnięci w tym samym czasie wpływami romantyzmu poznają kulturę starogrecką, co silnie wpłynie na ich twórczość literacką. W tym kontekście wybijają się dwie najbardziej znaczące postaci – Jordan Hadži Konstantinov-Džinot i Grigor Prličev. Džinot jest autorem dramatyzowanych dialogów inspirowanych klasyczną, starogrecką mitologią, wystawianych w szkole, w której sam jest nauczycielem. Na łamach prasy zapowiada publikację swoich dramatów o tematyce antycznej, jednak z niewiadomych przyczyn żaden z nich nie pojawia się w druku. Prličev dobrze zna starogrecki i jest znawcą twórczości Homera. Pod wpływem poezji Homera pisze w archaizowanym języku greckim poemat epicki zatytułowany ‛Ο 'Aρματωλός (w macedońskim przekładzie Сердарот albo Мартолозот), który przynosi mu zwycięstwo w konkursie poetyckim w Atenach w 1860 roku. Jego drugie dzieło epickie zatytułowane Σκενδέρμπεης jest napisane także w duchu poezji Homera, głównie jeśli chodzi o styl (epitety i porównania) i kompozycję (opracowanie typowych dla eposu motywów tematycznych). Obydwaj są także tłumaczami, Džinot zapowiada w prasie przekład Antygony Sofoklesa, o losach przekładu nic nam nie wiadomo, a Prličev dokonuje poetyckiego przekładu Iliady Homera na wymyślony przez siebie język, który jest w istocie mieszanką języków słowiańskich, a sam autor nazywa go "ogólnosłowiańskim". Влијанието на старогрчката култура врз македонската литература во XIX–иот векВо рамките на Турската Империја од која Македонија е дел во текот на 19-иот, македонскиот народ е изложен на политичка пресија и културното влијание и на Турција и на некои соседни држави. Под влијание на пропагандата на владата во Атина која отвора свои школи во Македонија, а во исто време и зафатени од бранот на романтизам, некои македонски интелектуалци се запознаваат со старогрчката култура што ќе остави силен печат врз нивното литературно творештво. Во тој поглед се издвојуваат две најзначајни имиња – Јордан Хаџи Константинов Џинот и Григор Прличев.Џинот се јавува со драмски дијалози инспирирани од класичната старогрчка митологија кои се изведуваат на приредбите во школите во кои тој е учител, а во печатот најавува објавување на свои драми со античка тематика кои, од непознати причини, не се појавиле.Прличев е добро образован во старогрчкиот јазик и особено добар познавач  на Хомер. Под влијание на хомерската поезија, тој пишува на еден архаизиран грчки јазик епска поема под наслов ‛Ο ’Aρματωλός (во македонски превод Серадот или Мартолозот) и со неа победува на поетскиот конкурс во Атина 1860 година.Второто негово епско дело под наслов Σκενδέρμπεης исто така е напишано во духот на хомерската поезија и тоа се гледа главно во областа на стилот (епитети и споредби) и во композицијата (обработка на типични епски теми). На преведувачки план, Џинот најавува во печатот превод на трагедијата Антигона од Софокле, дело чија судбина исто така не ни е позната, а Прличев пишува препев на Хомеровата Илијада на еден посебен јазик кој претставува смеса од словенските јазици, а самиот автор го нарекува „општословенски“.


Author(s):  
Marina A. Maximenko

Recently, issues related to the history of the middle class have become popular. On the other hand, the processes associated with the formation of this class are no less interesting: the emergence of new values and guidelines, the formation of identity, as well as the development of their own political ambitions. It is difficult to overestimate the significance of the 1832 act, since many historians associate it with the granting of political freedom to the middle class. Indeed, thanks to the Scottish Representation Act, Scotland's electorate has been greatly increased; but, in addition to civil liberties, in the struggle for political rights, the middle class was able to understand their own political needs, which had a significant impact on identity formation. The article examined the preparation of the bill itself, the process of its discussion, as well as the impact the adoption of this law had on representatives of the Scottish middle class. Moreover, the text gives various historiographic concepts for the act of 1832, which were systematized according to a problematic principle.


2018 ◽  
Vol 6 (2) ◽  
pp. 40
Author(s):  
Ágnes Tamás

In my research paper I examine the first two election campaigns in Hungary following the Astro-Hungarian Compromise (1867), in particular, the ways the campaigns employed tools of humour in popular press products of the time, such as caricatures and texts in humour magazines (Ludas Matyi [‘Mattie the Goose-Boy’], Az Üstökös [‘The Comet’], Borsszem Jankó [‘Jonny Peppercorn’]), which were considered effective political weapons by contemporaries. After a history-oriented introduction devoted to illustrating the much-debated content of the Compromise, the election system and the historical significance of the analysed papers, I categorize caricatures and the humorous or satirical texts related to the election of parliamentarians along the lines of the following aspects: (1) attacks against specific people, (2) standing up against the principles and political symbols of the opponent, (3) listing well-known, everyday anti-theses, (4) standing up against the press of the opponent, (5) judgment of the role of the Jewish, (6) war metaphors, (7) critique of the campaign methods of the opponent. My goal is to reveal what tools were used to ridicule political opponents, how parties were described to (potential) voters, how the parties tried to promote voting and convince people of their points of view. The analysed texts clearly depict the division of the Hungarian society (either supporting or rejecting the Compromise), and also document that the political tones became coarser and coarser, even in this humorous genre. During campaigns, the topic of elections took over the humour magazines, which serves as evidence for the intensity of public interest.


2019 ◽  
Vol 98 (1) ◽  
pp. 22-44 ◽  
Author(s):  
Rachael E. Comunale

This article examines the development of political opposition in Scotland from 1695 to 1701 in the context of the Company of Scotland Trading to Africa and the Indies. It is argued that the potency of the political movement inspired by Darien derived from the view that King William was directly implicated in the failure of the colony. Three episodes in the Company's history—the loss of subscriptions in Hamburg, the appearance of memorials in the new world prohibiting English aid to the colony and the imprisonment of Darien sailors by the Spanish authorities—are examined in detail. The ramification of these controversies was increasingly seen as the result not of English interference, but rather the crown's refusal to act on behalf of the Company. Because a significant proportion of the population was invested in the Company, and because the press helped to keep Darien in the forefront of public consciousness, these issues transformed Darien into a major political grievance that united disparate political factions in support of a single cause. Although the alliance inspired by Darien was temporary, it, nonetheless, played a crucial role in disrupting the political status quo.


2013 ◽  
Vol 3 (2) ◽  
pp. 161-183
Author(s):  
Mary L. Mullen

This article considers the politics and aesthetics of the colonial Bildungsroman by reading George Moore's often-overlooked novel A Drama in Muslin (1886). It argues that the colonial Bildungsroman does not simply register difference from the metropolitan novel of development or express tension between the core and periphery, as Jed Esty suggests, but rather can imagine a heterogeneous historical time that does not find its end in the nation-state. A Drama in Muslin combines naturalist and realist modes, and moves between Ireland and England to construct a form of untimely development that emphasises political processes (dissent, negotiation) rather than political forms (the state, the nation). Ultimately, the messy, discordant history represented in the novel shows the political potential of anachronism as it celebrates the untimeliness of everyday life.


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