scholarly journals ‘We Too Have a Word to Say’

2018 ◽  
Vol 1 (1) ◽  
pp. 48-68
Author(s):  
Muzaffer Kaya
Keyword(s):  
The State ◽  
Global Level ◽  
Main Determinant ◽  
Governmental Policy ◽  
The 1960S ◽  
The Right ◽  
In The Beginning

This article seeks to explain how in the beginning of the 1960s in Turkey the right to strike was adopted as a social right. The existing literature is divided regarding the factors that led to the shift in governmental policy. While some argue that the state granted this right without any struggle on the side of the workers, others propose that the main determinant in the process was the struggle of workers. By scrutinizing the interaction between political developments at the state and party levels, and the actions of the workers in that period, I argue that the recognition of the right to strike was the combined result of several interrelated political developments at the local and global level.

Marriage and the State

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Social Norms ◽  
The State ◽  
State Law ◽  
Constitutional Protection ◽  
The 1960S ◽  
The Right

This chapter explores the rise and fall of marriage restrictions rooted in racism and eugenics, as well as the persistence of other, more enduring, impediments to marriage—like bigamy, incest, and youth. Central to the story of state marriage regulation is the establishment, beginning in the 1960s, of constitutional protection for the “right” to marry, which limited, at least at the margins, the freedom of states to impose certain restrictions on marriage. But also central, in a system dominated by state law, are the rules of interstate marriage recognition, which dictate whether marriages travel across state lines. In broad brush, this chapter tells a story of increasing marital freedom, reined in only by a handful of seemingly immoveable social norms.

scholarly journals Konstitusi dan Nomenklatur Kebebasan Beragama: Pengalaman Berbagai Negara

2020 ◽  
Vol 7 (1) ◽  
pp. 57-82
Author(s):  
Ismatu Ropi
Keyword(s):  
Religious Freedom ◽  
The State ◽  
Constitutional Rights ◽  
Natural Right ◽  
The Public ◽  
State Constitutions ◽  
Majority Group ◽  
The Public Sphere ◽  
The Right ◽  
In The Beginning

This article examines the idea of religious freedom as the constitutional rights of some countries. In the beginning, the principles of freedom of religion (liberty of religion) was deeply rooted and strongly associated with the concept of 'freedom of thought and conscience', a phrase that first appeared in the Westphalia Treaty of 1648 which ended a long war in the name of religion in Europe. In this context, religious freedom was understood as freedom to believe (or not believe), adhere (or not adhere) to a religious proposition, belief or doctrine on the basis of individual experience or reasoning. It also contained the freedom to change that belief at any time if desired for the reason that basically human being through out his/her life continues to carry out what to be called as the process of preference and selection from the 'better' life. Nevertheless, religious freedom is not merely a natural right belonging to every individual but in turn also a given right granted by the state as a political authority manifested later in the respective Constitution. For this reason, the state as the holder of the people's mandate has the right to take actions in maintaining this order which in turn may in principle be possible to limit the rights of the community itself, including those relating to religion. Hence this article discusses several important matters on the issue. First, how and to what extent international law guarantees religious freedom normatively; second, how do the general portrait of various state constitutions when discussing religious freedom, and third, to what extent freedom is practically influenced by conditions such as the concept of the public sphere and the existence of a dominant majority group.

scholarly journals Expanding the Frontiers of the Right to Work through Migration: An Evolving Regime

2021 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Uche Nnawulezi ◽  
Bosede Adeuti
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
The State ◽  
Complex Nature ◽  
Global Level ◽  
Cultural Issues ◽  
Right To Work ◽  
Basic Understanding ◽  
Logical Content ◽  
The Right

This paper explores the strategic interest in promoting the right to work through migration. Ideally, migrant workers whether under contract or other formal arrangements, or simply setting off on their own initiative should be given a basic understanding of the language, culture, legal, social, and political structures of the states to which they are going. This is really important given the complex nature of the rights of all migrant workers and members of their families, as an evolving regime that has faced difficulties in the implementation of their rights to work at the global level. This paper therefore set out to examine why most migrant workers experience challenges in securing employment, while some have to surmount far more barriers either before their departure, or at the time of their admission to the state of employment of all conditions applicable to their admission, as well as of the requirements they must satisfy in the state of employment and the authority to which they must satisfy in the state of employment and the authority to which they must address themselves for any modifications of those conditions. The methodology underpinning the research is essentially descriptive, thus, deductive logical “content analysis” is employed. This paper among other things argues that the consequences of migration and the situation of vulnerability in which migrant workers and members of their families frequently-find themselves cannot only be solved by having a functional fundamental human rights approach on the complexity of social, economics, and cultural issues prevalent in the migration regime. This paper concludes that with due respect to the author and to his concern for the protection and promotion of the right to work through migration, is to say the least, is a first step towards a sustainable promotion of the right to work through migration.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

Rewriting the Narrative

2019 ◽  
Vol 96 (4) ◽  
pp. 54-77
Author(s):  
Nicolas G. Rosenthal
Keyword(s):  
Twentieth Century ◽  
Native American ◽  
American Indian ◽  
Modern Society ◽  
Mixed Media ◽  
The State ◽  
Historical Narratives ◽  
Recent Scholarship ◽  
Art Scene ◽  
The 1960S

A vibrant American Indian art scene developed in California from the 1960s to the 1980s, with links to a broader indigenous arts movement. Native American artists working in the state produced and exhibited paintings, prints, sculptures, mixed media, and other art forms that validated and documented their cultures, interpreted their history, asserted their survival, and explored their experiences in modern society. Building on recent scholarship that examines American Indian migration, urbanization, and activism in the twentieth century, this article charts these developments and argues that American Indian artists in California challenged and rewrote dominant historical narratives by foregrounding Native American perspectives in their work.

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

Jewish Question in the Ideology and Political Practice of Russian Monarchists in the Beginning of the 20th Century

2020 ◽  
Vol 102 ◽  
pp. 232-261
Author(s):  
Igor V. Omeliyanchuk
Keyword(s):  
Jewish Population ◽  
Jewish Question ◽  
Political Rights ◽  
Right Wing ◽  
Anti Semitism ◽  
The First World War ◽  
The Russian Empire ◽  
The Right ◽  
In The Beginning ◽  
First World

The present article examines the place of the Jewish question in the ideology of the monarchist (right-wing, “black hundred”) parties. In spite of certain ideological differences in the right-wing camp (moderate Rights, Rights and extreme Right-Wing), anti-Semitism was characteristic of all monarchist parties to a certain extent, in any case before the First World War. That fact was reflected in the party documents, resolutions of the monarchist congresses, publications and speeches of the Right-Wing leaders. The suggestions of the monarchists in solving the Jewish questions added up to the preservation and strengthening of the existing restrictions with respect to the Jewish population in the Russian Empire. If in the beginning the restrictions were main in the economic, cultural and everyday life spheres, after the convocation of the State Duma the Rights strived after limiting also the political rights of the Jewish population of the Empire, seeing it as one of the primary guarantees for autocracy preservation in Russia, that was the main political goal of the conservatives.

Main Forms of Propagandistic Activities of the Right-Wing Parties (1904–1914)

2020 ◽  
Vol 102 ◽  
pp. 656-676
Author(s):  
Igor V. Omeliyanchuk
Keyword(s):  
20Th Century ◽  
Social Groups ◽  
Right Wing ◽  
Periodical Press ◽  
Political Movement ◽  
The People ◽  
The Social ◽  
The Right ◽  
In The Beginning ◽  
The 19Th Century

The article examines the main forms and methods of agitation and propagandistic activities of monarchic parties in Russia in the beginning of the 20th century. Among them the author singles out such ones as periodical press, publication of books, brochures and flyers, organization of manifestations, religious processions, public prayers and funeral services, sending deputations to the monarch, organization of public lectures and readings for the people, as well as various philanthropic events. Using various forms of propagandistic activities the monarchists aspired to embrace all social groups and classes of the population in order to organize all-class and all-estate political movement in support of the autocracy. While they gained certain success in promoting their ideology, the Rights, nevertheless, lost to their adversaries from the radical opposition camp, as the monarchists constrained by their conservative ideology, could not promise immediate social and political changes to the population, and that fact was excessively used by their opponents. Moreover, the ideological paradigm of the Right camp expressed in the “Orthodoxy, Autocracy, Nationality” formula no longer agreed with the social and economic realities of Russia due to modernization processes that were underway in the country from the middle of the 19th century.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

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