On the Juridification of Parliamentary Practice and Procedures

2021 ◽  
Vol 1 (1) ◽  
pp. 7-21
Author(s):  
Christoph Konrath
Keyword(s):  
Rule Of Law ◽  
Administrative Law ◽  
The Other ◽  
The Political ◽  
Political Dimension ◽  
The Rule Of Law ◽  
Legal Norms ◽  
The Public ◽  
Other Hand ◽  
Constitutional Discourse

Abstract The maintenance and reform of parliamentary law increasingly focus on legal norms and the language of the courts. They are shaped by constitutional discourse and court rulings. As in other parts of public and administrative law we encounter an ever more technical and detailed approach in parliamentary law. In this way, we may counter tendencies to weaken democracy and the rule of law, integrate parliamentary procedures into administrative law and organisation and thus neutralize or disguise the political dimension of parliamentarism; or, on the other hand, alienate parliamentary procedures and proceedings from the public and from politicians who are no longer able to understand and communicate about them.

scholarly journals KEDUDUKAN DISSENTING OPINION DALAM PERKARA TINDAK PIDANA KORUPSI

2018 ◽  
Vol 2 (2) ◽  
pp. 203-217
Author(s):  
Dewi Ratnasari Rustam
Keyword(s):  
Rule Of Law ◽  
Freedom Of Speech ◽  
The Other ◽  
Court Ruling ◽  
The Rule Of Law ◽  
The Public ◽  
Other Hand ◽  
Difference Of Opinion ◽  
The Law ◽  
The Difference

Dissenting opinion is the difference of opinion between the Tribunal judges who handle certain a matter with other judges of the Tribunal dealing with certain cases. Dissenting opinion does not have the force of law because it cannot be the Foundation for the inception of the award. Dissenting opinion itself is an aspect of the law that need to be examined in order to prevent the formation of false opinion among the public. So, nowadays have started to formed the perception that dissenting opinion was an engineering law, instead of enforcing the rule of law but rather media that gave the opportunity for the defendant in corruption regardless of criminal trapping; but on the other hand is a form of difference of opinion and the independence of the judges as the metre is guaranteed by the provisions of the law; that the importance of dissenting opinion in the Court ruling was the judge's opinion be weighted, in an attempt of law appeal or cassation; as an indicator to determine the career judge, as an attempt to avoid the practice of corruption, Collusion and Nepotism (KKN) and the judicial mafia; as a real step towards the transparency of judicial democratization; the judiciary; and kemandiarian the judge require the freedom of speech.

A PUBLIC PROSECUTOR’S MOTION TO REVOKE OR AMEND A LEGALLY BINDING COURT’S CONFIRMATION OF INHERITANCE ACQUISITION

2021 ◽  
Vol 2 (XXI) ◽  
pp. 155-166
Author(s):  
Rafał Adamus
Keyword(s):  
Rule Of Law ◽  
Central Point ◽  
The Other ◽  
The Rule Of Law ◽  
The Public ◽  
Private Interests ◽  
Other Hand ◽  
Civil Proceedings

This study is devoted to the issue of the prosecutor’s motion to amend or revoke a legally binding decision on the confirmation of inheritance. The public prosecutor’s interference in civil proceedings is exceptional. It is conditioned by the need to protect the rule of law. On the other hand, civil proceedings serve to satisfy private interests. The study indicates the essence of the institution of revoking a legally valid inheritance order. The general principles of public prosecutor’s participation in civil proceedings were presented. The central point of the study is the analysis of the conditions for submitting an application by the prosecutor to revoke or amend a legally valid decision on the confirmation of inheritance acquisition.

The avant-garde’s visual arts in the context of Santayana’s idea of vital liberty

Human Affairs ◽  
2012 ◽  
Vol 22 (2) ◽  
Author(s):  
Krzysztof Skowroński
Keyword(s):  
Twentieth Century ◽  
Visual Arts ◽  
The Other ◽  
Political Life ◽  
The Political ◽  
Human Beings ◽  
Political Dimension ◽  
Avant Garde ◽  
Other Hand ◽  
The Universe

AbstractIn the present paper, the author looks at the political dimension of some trends in the visual arts within twentieth-century avant-garde groups (cubism, expressionism, fauvism, Dada, abstractionism, surrealism) through George Santayana’s idea of vital liberty. Santayana accused the avant-gardists of social and political escapism, and of becoming unintentionally involved in secondary issues. In his view, the emphasis they placed on the medium (or diverse media) and on treating it as an aim in itself, not, as it should be, as a transmitter through which a stimulating relationship with the environment can be had, was accompanied by a focus on fragments of life and on parts of existence, and, on the other hand, by a de facto rejection of ontology and cosmology as being crucial to understanding life and the place of human beings in the universe. The avant-gardists became involved in political life by responding excessively to the events of the time, instead of to the everlasting problems that are the human lot.

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

Vergaberechtsschutz im Spannungsfeld zwischen Beschleunigungsgebot und Gewährung effektiven Rechtsschutzes

2019 ◽  
Author(s):  
Hsi-Ping Chen
Keyword(s):  
Rule Of Law ◽  
Public Procurement ◽  
German Law ◽  
Legal Protection ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The One ◽  
Substantive Law ◽  
The Eu

The German Law on public procurement remedies, implementing the EU Remedies Directives into national law, has to engage in a balancing act between effective legal protection of bidders and the necessary acceleration of the award procedure. The book develops solutions for conflicts between the abovementioned opposing interests, which are consistent with the pluralistic paradigm of the European legal area, and the standards of assessment of the EU primary substantive law on public procurement. The Europeanisation of the German Law on public procurement remedies is analysed in detail. The work deals with the establishment and improvement of effective legal protection of bidders on the one hand and, on the other hand, shows that the acceleration of the award procedure within the framework of the procedural system is bounded by the rule of law. The book carves out strengths and deficits of the German Law on public procurement remedies.

Von der „Säuberung“ zum Generalpardon: Die Entnazifizierung der westdeutschen Wirtschaft

2010 ◽  
Vol 51 (2) ◽  
Author(s):  
Ralf Ahrens
Keyword(s):  
World War Ii ◽  
Rule Of Law ◽  
The Other ◽  
The Political ◽  
World War ◽  
Comprehensive Investigation ◽  
Other Hand ◽  
Party Members ◽  
Nazi Past ◽  
The One

AbstractImmediately following World War II, the allied occupational powers started a process of denazifying West German business in more or less the same way as the political and administrative apparatus. Initial approaches to solve the task by a radical purge of highly incriminated company managers soon gave way to more extensive investigations of party members and Nazi sympathizers also on lower ranks. Denazification escalated into bureaucratic mass procedures and finally ended up in various forms of amnesty and pardon in the late 1940s and early 1950s. A key feature in this process was the successively growing participation of German actors like various commissions, chambers of commerce and the companies themselves. On the one hand, comprehensive investigation and punishment under a re-installed rule of law had to rely upon cooperation of German actors and their expertise on the reality of the Nazi past; on the other hand, the integration of business itself into denazification procedures allowed company managers to benefit from informational advantages. Focussing the interaction between denazification authorities and business in the three West German zones of occupation, the article argues that under the general conditions of economic reconstruction and democratization the degeneration from purge to pardon was hardly avoidable, but that nevertheless the effects of temporary punishments should not be underestimated.

scholarly journals Opinions on the Legal Significance of the Right to Health

2021 ◽  
Vol 27 (2) ◽  
pp. 116-120
Author(s):  
Teodora Aurelia Drăghici ◽  
Gabriel Cătălin Predescu
Keyword(s):  
Health Care ◽  
Rule Of Law ◽  
Right To Health ◽  
Fundamental Rights ◽  
The Other ◽  
The Rule Of Law ◽  
Right To Health Care ◽  
Other Hand ◽  
The One ◽  
The Right

Abstract The legal significance of the right to health care, in particular and of other fundamental rights in general, on the one hand unknown to citizens and on the other hand known, minimized or ignored by state authorities and institutions, will certainly lead to abuses of law coming from the latter, abuses that cannot be tolerated by the rule of law.

7 Conclusions

2007 ◽  
Author(s):  
Goldsworthy Jeffrey
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Constitutional Law ◽  
The United States ◽  
The Other ◽  
Judicial Discretion ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Descriptive Sense ◽  
Law Making

This book has identified substantial differences between the philosophies of the courts of Australia, Canada, Germany, India, South Africa, and the United States with respect to interpretations of their constitutions. The differences can be characterised mainly in terms of the stronger attraction of some courts to legalism. Legalism in constitutional law has been associated with various tendencies, including literalism, formalism, positivism, and originalism. Legalism is used in a purely descriptive sense, not to applaud or to denigrate, but merely to denote interpretive philosophies motivated by two main concerns. One is disapproval of judicial discretion — of decision-making based on judges' values and ideologies rather than objective legal norms. The other is disapproval of judicial law-making — of decision-making that changes law instead of merely applying it. Legalists disapprove of judicial discretion and law-making for various reasons, including equity among litigants, predictability, democracy and the rule of law.

The Dissolution of Municipal Councils due to Organized Crime Infiltration

2019 ◽  
Vol 5 (2) ◽  
pp. 45
Author(s):  
Filomena Occhiuzzi
Keyword(s):  
Rule Of Law ◽  
Organized Crime ◽  
Central Government ◽  
Administrative Law ◽  
Public Officials ◽  
Local Authorities ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic ◽  
Fundamental Values

: The paper proposal is focused on the evolution of a specific legal instrument, which consists of the Central government’s power to “dissolve” municipal councils in the case of infiltrations by organized crime. In Italian administrative legislation, local councils may be dissolved for several reasons such as the ongoing violation of the law and the neglect of duty, but one of the most debated causes is the interference and the pressure that organized crime may exercise on the members of municipal councils. This specific administrative law instrument is defined in art. 143 T.U.E.L. and is part of a series of public anti-mafia policies. It was introduced in 1991 as an emergency law to cope with the risk of maladministration due to local authorities’ subjugation to criminal power (Mete, 2009). The aim of the dissolution of local councils is to preserve constitutional and fundamental values such as democracy and the rule of law, but it is a very severe legal tool as it affects a democratically elected community. This instrument is also closely related to the prevention of corruption in the public sector, as often the infiltrations by organized crime in municipalities are due to the corruption of public officials. The institution in charge of applying this legal tool is the Prefect, which has the power to enforce the orders of the central government and oversees local authorities. The procedure for the adoption of this instrument involves the major constitutional bodies such as the Parliament, the Ministry of Interior and the President of the Republic.

scholarly journals Postkeynesianische Finanzpolitik zwischen Gestaltungsoptionen und Steuerungsgrenzen

2001 ◽  
Vol 31 (123) ◽  
pp. 269-284
Author(s):  
Arne Heise
Keyword(s):  
The Other ◽  
The Political ◽  
Public Budget ◽  
The Public ◽  
Other Hand ◽  
Keynesian Model ◽  
The Government ◽  
The One ◽  
Scientific Debates

The public budget has always been a much debated object at the political level as well as in academia. This is not surprising as it mirrors the political intentions and ideologies of those running the government on the one hand and taking into account that economics is a multiparadigmatic science on the other hand. Against this backcloth, the current unambiguity of budgetary restriction in recent political and scientific debates seems curious. The paper aims at explaining this development and questions its validity by framing a concept of budgetary sustainability on the grounds of a heterodox, post Keynesian model.

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