scholarly journals La Constitution Algerienne De 1989: Une Passerelle Entre le Socialisme Et L’islamisme?

Afrika Focus ◽  
1991 ◽  
Vol 7 (3) ◽  
pp. 241-282
Author(s):  
Dirk Beke
Keyword(s):  
Party System ◽  
The State ◽  
Political Regime ◽  
Socialist Revolution ◽  
Political Responsibility ◽  
State Of Emergency ◽  
National Assembly ◽  
Fundamental Freedoms ◽  
The Law ◽  
The Government

The Algerian Constitution of 1989: A Bridge Between Socialism and Islamism? The riots of october 1988, the most violent uprising since independence against FLN-rule, forced president Chadli Bendjedid to accelerate and to extend the constitutional reforms announced earlier. An adaption of the constitutional law to the ongoing economic liberalization-process had become a necessity, but the popular pressure now not only asked economic changes, but also profound political reform. The new constitutional text was rapidly elaborated by a small circle of persons around the President and then submitted directly to a popular referendum. In contradiction with the procedure fixed by the previous constitution, the National Assembly was not involved nor even consulted. The constitution of 1989 generates an entirely new political regime. The word “socialism”, basis of the official doctrine since independence and largely confirmed by the provisions of the constitution of 1976, is banned completely. The new constitution also provides for the political responsibility of the Head of the Government and the members of the Government to the National People’s Assembly, and not any more to the President only. In the chapter on fundamental freedoms and the rights of man, it is explicitly provided that the State guarantees the right to form political associations. This new timorous formulation entails the end of the one-party system and the FLN’s exclusive hold on power. Some basic principles remain: Algeria is still considered a popular democratic state. Islam is the state religion and the official language is Arabic. No reference is made to the Berber language or culture. New is that the exercise of the guaranteed fundamental freedoms and rights can not be submitted any more to the imperatives of a socialist revolution. It is also stated that judges only obey to the law, they are not submitted any more to the revolutionary legality. A Constitutional Council is created to ensure that the constitution is respected but citizens have no right to submit a case, only the President and the President of the Assembly have. The tasks of the army are limited to safeguard the national independence and sovereignty,•the army has no duties any more to safeguard the socialist revolution. The introduction of a responsible Government affects the presidential powers only in a minor way. The President presides over the Council of ministers, where bills are discussed. The President can ask the Assembly for a second reading of a law and this new vote requires a two-thirds majority. Only the President has the initiative for a constitutional revision. The President chairs a number of other councils. Finally the declaration of the state of emergency is depending only on the decision of the President; this attributes him large exceptional powers. Thus, the constitution of 1989 confirms a strong presidential regime but on the other hand it has introduced a real multi-party system in Algeria. More than 20 political parties are recognised. During the local elections of 1990 the ruling FLN was defeated in most places by a massive victory of the islamic fundamentalist party, the FIS. A new electorial law, voted by the - still exclusive FLN - National Assembly beginning 1991, had to ensure a better result for the FLN during the forthcoming first free national elections. In June 1991 violent and even armed protest, organised by the fundamentalists against the law forced president Bendjedid to postpone elections, to declare the state of emergency but also to promise early presidential elections. Meanwhile many fundamentalists, and between them the main party-leaders, were arrested. The army played a crucial role in reestablishing public order and as a consequence gained more importance, but there were no signs that it exceeded its authority. Under present difficulties one wonders whether the constitution of 1989 will help to create a representative democratic multi-partyism, with an equitable liberal economy, whether it will help to open the way for a regime dominated by islamic fundamentalists?

scholarly journals The Algerian Constitution of 1989: a Bridge between Socialism and Islamism?

Afrika Focus ◽  
1991 ◽  
Vol 7 (3) ◽  
Author(s):  
Dirk Beke
Keyword(s):  
Party System ◽  
The State ◽  
Political Regime ◽  
Socialist Revolution ◽  
Political Responsibility ◽  
State Of Emergency ◽  
National Assembly ◽  
Fundamental Freedoms ◽  
The Law ◽  
The Government

The riots of October 1988, the most violent uprising since independence against FLN-rule, forced president Chadli Bendjedid to accelerate and to extend the constitutional reforms announced earlier. An adaption of the constitutional law to the ongoing economic liberalization-process had become a necessity, but the popular pressure now not only asked economic changes, but also profound political reform. The new constitutional text was rapidly elaborated by a small circle of persons around the President and then submitted directly to a popular referendum. In contradiction with the procedure fixed by the previous constitution, the National Assembly was not involved nor even consulted. The constitution of 1989 generates an entirely new political regime. The word "socialism", basis of the official doctrine since independence and largely confirmed by the provisions of the constitution of 1976, is banned completely. The new constitution also provides for the political responsibility of the Head of the Government and the members of the  Government to the National People's Assembly, and not any more to the President only. In the chapter on fundamental freedoms and the rights of man, it is explicitly provided that the State guarantees the right to form political associations. This new timorous formulation entails the end of the one-party system and the FLN's exclusive hold on power.Some basic principles remain: Algeria is still considered a popular democratic state. Islam is the state religion and the official language is Arabic. No reference is made to the Berber language or culture. New is that the exercise of the guaranteed fundamental freedoms and rights can not be submitted any more to the imperatives of a socialist revolution. It is also stated that judges only obey to the law, they are not submitted any more to the revolutionary legality. A Constitutional Council is created to ensure that the constitution is respected but citizens have no right to submit a case, only the President and the President of the Assembly have. The tasks of the army are limited to safeguard the national independence and sovereignty; the army has no duties any more to safeguard the socialist revolution. The introduction of a responsible Government affects the presidential powers only in a minor way. The President presides over the Council of ministers, where bills are discussed. The President can ask the Assembly for a second reading of a law and this new vote requires a two-thirds majority. Only the President has the initiative for a constitutional revision. The President chairs a number of other councils. Finally the declaration of the state of emergency is depending only on the decision of the President; this attributes him large exceptional powers. Thus, the constitution of 1989 confirms a strong presidential regime but on the other hand it has introduced a real multi-party system in Algeria. More than 20 political parties are recognised. During the local elections of1990 the ruling FLN was defeated in most places by a massive victory of the islamic fundamentalist party, the FIS. A new electorial law, voted by the - still exclusive FLN - National Assembly beginning 1991, had to ensure a better result for the FLN during the forthcoming first free national elections. In June 1991 violent and even armed protest, organised by the fundamentalists against the law forced president Bendjedid to postpone elections, to declare the state of emergency but also to promise early presidential elections. Meanwhile many fundamentalists, and between them the main party-leaders, were arrested. The army played a crucial role in re- establishing public order and as a consequence gained more importance, but there were no signs that it exceeded its authority. Under present difficulties one wonders whether the constitution of 1989 will help to create a representative democratic multi-partyism, with an equitable liberal economy, whether it will help to open the way for a regime dominated by islamic fundamentalists?KEY WORDS: Algeria, constitution, internal politics 

Special Provisions of the Act on Measures and Actions at the State of the Emergency Announced by a Decision of the National Assembly as of 13.03. 2020 in the Field of Taxation in the Republic of Bulgaria

De Jure ◽  
2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Sasho Penov ◽  
◽  
◽  
Keyword(s):  
The State ◽  
Executive Power ◽  
State Of Emergency ◽  
National Assembly ◽  
Tax Legislation ◽  
Tax Deductions ◽  
The Law ◽  
The Republic

An Act on the Measures And Activities At The State Emergency was adopted by the Parliament in relation to the growing pandemic COVID-19 in March 2020 and announced by a decision of the National Assembly on 13.03.2020. The act stipulates the measures and actions to be taken by the executive power, employers and appointing authorities, as well as the enactment of provisions of different legal acts and individual administrative acts during the state of emergency. The construction of the law consists of general provisions and transitional and final provisions. In the part of the transitional provisions of the act are included specific rules which expressly rearrange the enactment and application of certain provisions of the current tax legislation. The article discusses the the content of these norms and some debatable issues which they raise. Based on the purpose of the law, as derived by the motives of its bill and its content, it may be concluded that these specific rules implement tax deductions only on particular taxes and for a limited circle of taxpayers. Different possible interpretations are discussed when comparing the general norms of the law and the special provisions for tax matters.

scholarly journals Some questions on the law on the state of emergency

2021 ◽  
Vol 16 (2) ◽  
pp. 101-109
Author(s):  
Maria Chochova
Keyword(s):  
The State ◽  
State Of Emergency ◽  
National Assembly ◽  
Time Periods ◽  
The Law ◽  
Court Proceedings ◽  
Labour Legislation ◽  
Labour Disputes

The article analyses two provisions of the Law on Measures and Actions in the State of Emergency, declared with the decision of the National Assembly of 13th March 2020, providing for suspension and extension of time periods provided in the legislation. The analysis is focused on examples based on the review of the labour legislation. The issue of suspended court proceedings on some labour disputes – until the end of the state of emergency – is also discussed.

TANGGUNGJAWAB REKTOR SEBAGAI KPA DALAM PENGELOLAAN KEUANGAN PERGURUAN TINGGI NEGERI YANG MENYELENGGARAKAN PENGELOLAAN KEUANGAN BADAN LAYANAN UMUM (PTN PK-BLU)

2018 ◽  
Vol 2 (3) ◽  
pp. 427
Author(s):  
Dewi Kania Sugiharti ◽  
Muhammad Ziaurahman ◽  
Sechabudin Sechabudin
Keyword(s):  
Public Service ◽  
The State ◽  
Service Agency ◽  
State Budget ◽  
Procurement Process ◽  
The Law ◽  
The Government

Universities that apply the concept of Public Service Agency (BLU - PK PTN ) in performing functions as an organ which is engaged in the service infrastructure support through goods or services . As an institution under the auspices of the government and the state budget receives PTN PK - BLU implement mechanisms to acquire goods or services in accordance with the law. However, the procurement process in obtaining goods or services sometimes poses problems that arise as a consequence of the passage of the procurement of goods or services involving the organs in it as PA / KPA , KDP , ULP , and Committee / Receiver Procurement Officer. Rector of the KPA in PK - BLU PTN has the authority to control the organs that carry out the process of procurement of goods / services in the environment . Errors in the procurement process of goods / services performed by the CO and the ULP / Procurement Officer causing state losses due to these errors, either due to negligence or unlawful acts. As the KPA in the process of procurement of goods / services Rector can control the organs in accordance with the authority given. The consequences are acceptable if the authorities ultimately the procurement of goods / services did not heed the warning Rector officials related procurement process of goods / services will receive sanctions. Keywords: Authorized Budget, Financial State.

Portugal: 19 July 1987

1987 ◽  
Vol 22 (4) ◽  
pp. 444-451 ◽  
Author(s):  
Marcelo Rebelo de Sousa
Keyword(s):  
Party System ◽  
Local Level ◽  
National Level ◽  
Political Regime ◽  
Public Companies ◽  
Parliamentary Elections ◽  
Universal Suffrage ◽  
The Republic ◽  
The Government ◽  
Economic Regime

THE PORTUGUESE PARLIAMENTARY ELECTIONS OF 19 JULY 1987 initiated a profound change in the Portuguese party system and in the system of government. From 1974 onwards, Portugal had moved peacefully towards a democratic political system, enshrined in the 1976 Constitution. This evolution lasted about eight years and culminated in the revision of the Constitution in 1982. From 1982 onwards the present political regime has been a democratic one, coexisting with a capitalist economic regime attenuated by state monopoly in key sectors and by public companies which were nationalized between 1974 and 1976. It is also since 1982 that the system of government has been semi-presidential. There is pure representativeness as referendums do not exist at national level and have never been regulated at local level. But the government is semi-presidential in the sense that, owing to French influence, it attempts to balance Parliament with the election of the President of the Republic by direct and universal suffrage.

Un anacronismo preconstitucional que requiere ser adaptado al bloque de constitucionalidad: el Convenio sobre la pesca en el Bidasoa y en la Bahía de Higuer, de 14 de julio de 1959

2016 ◽  
pp. 261-300
Author(s):  
Carlos FERNÁNDEZ DE CASADEVANTE ROMANÍ
Keyword(s):  
International Agreements ◽  
The State ◽  
Autonomous Community ◽  
Current Block ◽  
The Law ◽  
The Government ◽  
Set Up

LABURPENA: Lan honek Bidasoan eta Higerreko badian arrantzatzeari buruzko 1959ko uztailaren 14ko Espainiaren eta Frantziaren arteko hitzarmenaren konstituzio-kontrakotasuna aztertzen du, Espainiari dagokionez. Hitzarmen horrek, hain zuzen ere, espazio horietako ibai-arrantza, itsaski-bilketa eta akuikultura arautzen ditu, bai eta horietan egindako arau-hausteen ikuskapena eta zehapena ere, eta konstituzioa onartu eta ia berrogei urtera, ez du zuzenketarik izan araudi berrira egokitzeko. Hau da, alor horietan eta ur horietan Euskal Autonomia Erkidegoak duen eskumen esklusibora egokitu gabe dago oraindik. Arazo hori konpontzeko, bi aukera proposatzen dira: Euskal Autonomia Erkidegoaren organo eskudunek konstituzio-kontrakotasuneko errekurtsoa jartzea, edo Estatuko Gobernuari Hitzarmena eguneratzeko eskatzea, hitzarmenei eta nazioarteko beste akordio batzuei buruzko azaroaren 27ko 25/2014 Legearen 49., 50. eta 51. artikuluetan xedatutako prozedurak erabiliz. Izan ere, prozedura horietan autonomien parte-hartzea aurreikusten da. RESUMEN: El trabajo aborda la inconstitucionalidad, en lo que a España se refiere, del Convenio hispano-francés de 14 de julio de 1959, relativo a la pesca en el Bidasoa y Bahía de Higuer; tratado que regula la pesca fluvial, el marisqueo y la acuicultura en esos espacios, así como la inspección y sanción de las infracciones al mismo, pero que casi cuarenta años después del vigente bloque de constitucionalidad no ha sido enmendado para adaptarlo al mismo. Esto es, a la competencia exclusiva de la Comunidad Autónoma Vasca en esas materias y en esas aguas. Para corregir esta anomalía se propone que los órganos competentes de la Comunidad Autónoma Vasca soliciten al Gobierno del Estado la enmienda del Convenio en el marco de los procedimientos instaurados por los arts. 49, 50 y 51 de la Ley 25/2014, de 27 de noviembre, de Tratados y otros acuerdos internacionales; procedimientos que contemplan la participación autonómica. ABSTRACT: The article deals with the unconstitutionality, as far as Spain is concerned, of the Spanish-French Convention of July 14, 1959, concerning fishing in the Bidasoa and Higuer Bay; treaty ruling river fishing, shellfish and aquaculture in these waters as well as inspection and punishment of violations of it. Nevertheless, nearly forty years after the current block of constitutionality it has not been adapted to it; this is the exclusive competence of the Basque Autonomous Community in these areas and in those waters. To correct this anomaly the request by the competent bodies of the Basque Autonomous Community for the amendment of the Convention to the Government of the State in the framework of the procedures set up buy articles 49, 50 and 51 of the Law 27/2014, of 27 November, of treaties and other international agreements; procedures including regional participation, is proposed.

scholarly journals Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana
Keyword(s):  
Rule Of Law ◽  
House Of Representatives ◽  
Critical Appraisal ◽  
Balance Of Power ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Power Limits ◽  
The Government

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.

scholarly journals PEMBEBASAN UTANG PAJAK DALAM RANGKA PENGAMPUNAN PAJAK

2018 ◽  
Vol 4 (2) ◽  
pp. 141-152
Author(s):  
Dwi Widia Astuti
Keyword(s):  
Debt Relief ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Tax Amnesty ◽  
The Law ◽  
The Government ◽  
State Expenditures

The role of taxes is very important in the state finances. Taxes become necessary in financing the expenditures of the state, especially the routine state expenditures. However, not infrequently there are taxpayer actions that cause in State losses. The condition is realized by the government so that the government issued Law Number 11 Year 2016 on Tax Amnesty. However, with the issuance of the Tax Forgiveness Law, it has resulted in various views in the community because for some obedient taxpayers, it is assumed that taxpayers are granted the convenience of their mistakes. So that does not reflect justice as one of the objectives of the law. Based on the issue, the authors will conduct further research on the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining the tax forgiveness rule. This study is qualified as a normative juridical legal research with a type of legal research doctrinal using a statutory approach, and a conceptual approach. From this research, it is expected that the writer can analyze related to the legality of tax debt relief in the framework of tax forgiveness and the urgency of determining tax forgiveness rule.

scholarly journals Pembaruan Hukum Pencatatan Perkawinan di Indonesia Perspektif Maqasid Shari'ah

2013 ◽  
Vol 13 (2) ◽  
pp. 233
Author(s):  
Masruhan Masruhan
Keyword(s):  
The State ◽  
Legal Action ◽  
Negative Effects ◽  
The Law ◽  
The Government

Abstract: The role of marriage registration (recording) is important particularly in maintaining and protecting the rights of individuals to prove the marriage implementation. Registration of marriage, therefore, is governed by various related rules or regulation. Unfortunately, the registration of marriage is only as a normative one. Meanwhile, most Muslims do not obey the law of marriages arranged by the state because the law is ambiguous, having multi interpretations and difficult to implement. In fact, there are many negative effects emerging from marriage under the hands such as not getting the marriage certificate, and husband, wife and their children not being able to perform civil legal action against the genetic father who has left them. Therefore, marriage under the hand must be prevented with preventive, curative and anticipative measures. In order to produce a law that can respond to the changing demands of time, place, conditions and welfare of the spouses, the maqa>s}id al - shari>ah approach (the purpose of the law) is eligible to apply . Therefore, the government should change the law of registration of marriages that are not relevant to the state of society so that society will feel suitable with the legal registration of the marriage.

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