scholarly journals Populism and the Rule of Recognition

Populism ◽  
2021 ◽  
pp. 1-24
Author(s):  
Vasileios Adamidis
Keyword(s):  
Rule Of Law ◽  
Legal Positivism ◽  
Popular Sovereignty ◽  
Social Rule ◽  
The Rule Of Law ◽  
Legal Validity ◽  
The People ◽  
Concept Of Law

Abstract By reference to legal positivism and Hart’s Concept of Law, the paper argues that populism targets and aims to reconstruct the democratic rule of recognition. In particular, populism exploits the ambiguities in the nature of this social rule, by advocating the extension of the group whose consensus determines the criteria of legal validity from the restricted sphere of judges and officials, to the people at large. Populism instrumentalises the functions of the rule of recognition, aiming to provoke uncertainty in the system in order to accomplish a shift and, thus, alter the content of the rule. Infiltrating concepts with meanings that suit its ends and reordering the criteria of legal validity, populism prioritises an absolute form of popular sovereignty over a thin, dubious version of the rule of law. Nevertheless, the latter’s ambiguity allows populism to claim that the rule of law still forms part of its rule of recognition.

The People Shall Be Judge

2011 ◽  
Vol 39 (6) ◽  
pp. 749-776 ◽  
Author(s):  
Miguel Vatter
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Popular Sovereignty ◽  
Political Judgment ◽  
The Rule Of Law ◽  
The People ◽  
Civil Condition

This essay offers an interpretation of Kant’s republicanism in light of the problem of political judgment. Kant is sometimes thought to base his conception of law on an idea of sovereignty drawn from Hobbes and Rousseau, which would leave little room for popular contestation of the state. In this essay, I reconstruct Kant’s account of the rule of law by bringing out the importance of his theory of judgment. I argue that for Kant the civil condition is ultimately characterized by a contest between the judgment of the sovereign and the judgment of the people, which corresponds to the determinative and reflective employments of political judgment, respectively. On this view, popular sovereignty is ultimately located in the people’s power to judge politically and contest publicly the state.

Bestuurszorg Pemerintah dalam Negara Hukum Indonesia

Esensi Hukum ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 1-11
Author(s):  
Herman -
Keyword(s):  
Rule Of Law ◽  
The State ◽  
The Body ◽  
Popular Sovereignty ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Maximum Extent ◽  
The People ◽  
The Government

Abstract Bestuurszorg is a concept found in modern rule of law. The main obligations in the rule of law are given duties and functions to the maximum extent to create prosperity and welfare of the people. The preamble to the constitution in force in Indonesia requires the Indonesian government's obligation to create prosperity and welfare. The body (article by article) of this constitution also explicitly states that the State of Indonesia is a state of law based on popular sovereignty. This research is a normative legal research with a statutory approach and a conceptual approach. The results of this study suggest that the obligations of the government in the Indonesian State of Law are duties and functions to create prosperity and welfare of the people. The government is also given the power to implement the constitutions and laws through its authority in terms of making laws and regulations independently. Keywords: State of law, bestuurszorg, prosperity and welfare.

Determinanty wewnętrzne polityki zagranicznej Ukrainy pod rządami Wołodymyra Zełenskiego

2019 ◽  
Vol 17 (1) ◽  
pp. 123-141
Author(s):  
Tomasz Stępniewski
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Political System ◽  
Free Market ◽  
Stable State ◽  
Free Market Economy ◽  
The Rule Of Law ◽  
The People ◽  
Internal Politics ◽  
Research Questions

The present paper discusses the following research questions: to what extent did errors made by the previous presidents of Ukraine result in the country’s failure to introduce systemic reforms (e.g. combating corruption, the development of a foundation for a stable state under the rule of law and free-market economy)?; can it be ventured that the lack of radical reforms along with errors in the internal politics of Ukraine under Petro Poroshenko resulted in the president’s failure?; will the strong vote of confidence given to Volodymyr Zelensky and the Servant of the People party exact systemic reforms in Ukraine?; or will Volodymyr Zelensky merely become an element of the oligarchic political system in Ukraine?

scholarly journals KEDUDUKAN DAN TANGGUNGJAWAB PRESIDEN DALAM SISTEM PRESIDENSIAL DI INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 173-190
Author(s):  
Moh Hudi
Keyword(s):  
Rule Of Law ◽  
Chief Executive ◽  
The Rule Of Law ◽  
The People ◽  
Head Of State ◽  
Presidential System ◽  
Before And After ◽  
The Government ◽  
Head Of Government

The Government system greatly determines the position and responsibility of the president. Even in the same system of government, the president’s position and responsibility may change, depending  on   The  Rule  of   Law  in a particular country. The position and responsibility of the president in the presidential system in Indonesia has change several times. This can be seen before and after the amandement. President in presidential   System   as  Head  of  Government  and   Head  of   State. So that the president has broad authority. The president is not responsible to the parliament, because institutionally the parliament is not higher than the president as the chief executive, but is responsible to the people as voters.

scholarly journals Analisis terhadap Larangan Analogi dalam ‎Rancangan Undang-Undang Kitab Undang-Undang ‎Hukum Pidana

2016 ◽  
Vol 2 (2) ◽  
pp. 408-419
Author(s):  
Ikhsan Fatah Yasin
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Public ◽  
The People ◽  
Draft Bill ◽  
Good Analogy

Abstract: This article discusses the analysis of the prohibition of analogy in the Draft Bill. The majority of the experts of jurisprudence against analogy. The author does not agree with the ban on using the analogy in the Draft Bill, but justifies the analogy with the record, the judge must be competent and with integrity. If the judge is unable to make analogy, then he could use self-interpretation to find a legal decition. The argument of usage of analogy is to seek substantial justice for the people without setting aside the individual’s rights, because by using the analogy, the rule of law will remain unfulfilled. It is because the crime, in its various forms, is still contrary to morality even though it is not written, and even if the crime has an impact to the public. In Islamic law, the method of qiyâs compiled by Imam Shafi’i in may be used as a good analogy, because qiyâs method has been tested by producing many laws.Keywords: Analogy, draft bill, the criminal code. Abstrak: Artikel ini membahas tentang analisis terhadap larangan analogi dalam RUU KUHP. Mayoritas para ahli ilmu hukum menentang analogi. Penulis tidak sepakat dengan larangan menggunakan analogi dalam RUU KUHP, tetapi membenarkan analogi dengan catatan, hakimnya harus kompeten dan berintegritas. Jika hakimnya memang tidak mampu untuk beranalogi, maka ia masih bisa menggunakan interpretasi untuk menemukan hukumnya.   Argumen diperbolehkannya analogi adalah untuk mencari keadilan substansial bagi masyarakat tanpa menyampingkan perlindungan individu, sebab dengan menggunakan analogi kepastian hukum akan tetap terpenuhi. Karena kejahatan, dalam berbagai bentuknya, tetap saja bertentangan dengan kesusilaan meskipun ia tidak tertulis, apalagi jika kejahatan tersebut membawa pengaruh kepada masyarakat luas. Dalam hukum Islam, metode qiyâs yang disusun oleh Imam Syafi’i dalam berijtihad mungkin dapat digunakan sebagai proses analogi yang baik, sebab metode qiyâs ini sudah teruji dengan memproduksi banyak hukum. Kata Kunci: Analogi, Rancangan Perundang-undangan, KUHP.

scholarly journals The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law

2021 ◽  
Vol 7 (2) ◽  
pp. 148-168
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
National Security ◽  
International Law ◽  
Rule Of Law ◽  
Freedom Of Speech ◽  
Limiting Factor ◽  
The Rule Of Law ◽  
It Impacts ◽  
Contemporary Issue ◽  
The People ◽  
The Government

Although brutality can repress a society, it never assures the sustainability of that conquest. Tyranny steers the hopeless to despair, edges to rebellion, and could open the door for a new tyrant to rise. Law becomes a limiting factor that must act as a stopgap to the avaricious intentions of a dictator. A democratic leader must incorporate the supremacy of the law and honest officials into his government. He shall also create courts of law, treat the poorest citizens with fairness and build a hall of justice to bring the society to modernity with the operation of the rule of law enshrined in the constitution. Legislation is nothing without enforcement and Law is no law if not accepted and respected by the people. The rule of law cannot be said to be working in a country where the government continues to violate the orders of the court, unlawfully detain its citizens, abuse human rights including arbitrary and extra-judicial executions, unlawful arrests and detentions, embargo on freedom of speech and press, impunity and inhumane torture, degradation of people or exterminations. This treatise will argue on the supremacy of the “Rule of Law” as it impacts Nigerian democracy. Keywords: Rule of Law; Democracy; Judiciary; Supremacy; Government; Tyranny; Nigerian Constitution

State, Sovereignty, and the People: A Comparison of the “Rule of Law” in China and India

2009 ◽  
Vol 68 (1) ◽  
pp. 55-100 ◽  
Author(s):  
Jonathan K. Ocko ◽  
David Gilmartin
Keyword(s):  
Rule Of Law ◽  
Social Order ◽  
The Political ◽  
British India ◽  
Fourth Section ◽  
The Rule Of Law ◽  
China And India ◽  
The People ◽  
History Of

This paper uses the concept of the “rule of law” to compare Qing China and British India. Rather than using the rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by the rule of law and the rule of man as oppositional yet paradoxically intertwined notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; and the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the twentieth century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of the “rule of law” beyond Euro-America.

VLADAVINA PRAVA NA „USLUZI“ NARODU, KROZ TEORIJU I PRAKSU

2021 ◽  
Author(s):  
Ana Opačić ◽  
◽  
Vladimir Vrhovšek ◽  
◽  
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
Theory And Practice ◽  
Legal Norm ◽  
The Rule Of Law ◽  
Know How ◽  
The People ◽  
Key Factor ◽  
Law And Justice ◽  
Legal Security

We, as the authors of this text, have found it important to point out the close connection between law and justice, theory and practice, because citizens go to court for justice. The judge says what justice is. However, when the legal norm is available and well known to the persons, to whom it refers, and when it is predictable and the case law is uniform, the persons to whom the legal norm refers, can know their rights and obligations concretely, and thus know how to treat them. In order to that they must behave and anticipate the consequences of their behavior. When all the above has been fulfilled, it can be said that the requirements of the rule of law and legal security have been met, so it can be freely said that law and justice are at the "service of the people", through theory and practice. It should be reminded that the precision of the legal norm is one of the basic elements of the rule of law and is a key factor for the emergence and maintenance of the legitimacy of the legal order, which applies to all branches of law, and that court decisions are binding on all.

Sign in / Sign up

Export Citation Format

Share Document