From Parliament to Courtroom

2015 ◽  
Vol 30 (1) ◽  
pp. 120-146 ◽  
Author(s):  
Lubomír Kopeček ◽  
Jan Petrov
Keyword(s):  
Transitional Justice ◽  
Judicial Review ◽  
Political System ◽  
Point Of View ◽  
The Political ◽  
Legislative Process ◽  
Constitutional Court ◽  
Lower House ◽  
Strong Position ◽  
The Government

The Czech Constitutional Court has gained a strong position within the political system. This article examines the judicial review of legislation from the point of view of the relation between the court and the parliament. The authors analyze trends in the use of petitions proposing the annulment of statutes, who makes use of the petitions, how successful the petitioners are, and what issues the petitions concern. The article pairs a quantitative view with a qualitative analysis of key selected decisions by the court, especially in the sphere of mega-politics. The authors test whether judicial review of legislation serves as a tool for parliamentary opposition. The results show the decisive effects of a legislative majority in the lower house of the parliament. If the government lacks a majority, the use of judicial review of legislation as an oppositional tool fades. Also important is the weakness of the upper house, which makes senators more likely to resort to using judicial review of legislation. An especially crucial factor is the presence of independent and semi-independent senators who, without broader political backing, see judicial review of legislation as a welcome tool. The most frequent topics of the petitions were transitional justice, social policy, and the legislative process.

scholarly journals Civil Society against Corruption: A Study of the Role of PRISM in Mizoram

2019 ◽  
Vol 4 (1) ◽  
pp. 63-69
Author(s):  
Lalthakima
Keyword(s):  
Political Party ◽  
Political System ◽  
The Political ◽  
Free Society ◽  
Lower House ◽  
The World ◽  
The Government ◽  
Right To Information ◽  
Member Of Parliament

None of the countries in the world is ‘corruption free country’. Despite the efforts of every country to curb the menace of corruption, the affected countries failed to contain corruption to the level of zero. It becomes a serious threat and challenge to most democratic countries of the world. At present civil societies which bridge the gap between the society and the government come to the forefront to fight against this menace. In Mizoram; for more than a decade, People’s Right to Information and Development Implementing Society of Mizoram (PRISM) involved in fighting against corruption. However, after a prolonged campaign against corruption, the society has turned itself to be a political party on November 3, 2017 and contested election for the Assembly seats in 2018 and also contested an election for a lone seat of Member of Parliament from Mizoram in the lower house of the Parliament in 2019. The name of the erstwhile society was rechristened as ‘People’s Representation for Identity and Status of Mizoram’ and retained the abbreviated form PRISM. Efficiency in governance, changing the political system and corruption free society are the main objectives of PRISM.

scholarly journals JUDICIAL ACTIVISM – AN ASSET TO JUDICIARY BY INDIAN CONSTITUTION

2018 ◽  
pp. 31-36
Author(s):  
S S Hasani
Keyword(s):  
Judicial Review ◽  
Political System ◽  
The State ◽  
The Political ◽  
Primitive Function ◽  
The People ◽  
The Government ◽  
Changing Times ◽  
Or Organization

Constitution means the structure of a body, organism or organization i.e. what constitutes it or of what it consists of. Constitution of a country spells out the basic fundamental principles or established precedents on which the state is organized. It lays down the structure of the political system under which its people are to be governed. It establishes the main organs of the State-the legislature, the executive and the judiciary, demarcates their responsibilities and regulates their relationships with each other and with the people. All authority in the hands of any organs, institutions or functionaries of the state flow from the Constitution. In a country like ours, adopting a written Constitution which mandates Judicial Review of the constitutionality of State activity in cases needing it and the laws enacted by legislature, the role of Judiciary cannot be restricted to the primitive function of dispensing justice. The role of judiciary in enforcing judicial review, must for all purposes keep the Government in good tune with the changing times and it should not be allowed to drift to become anachronistic or out of reasoning with the need of the day.

The Journey of Political Parties in Indonesia in the State System

2022 ◽  
Vol 2 (1) ◽  
pp. 17-23
Author(s):  
Ramlan Siregar ◽  
Zulkarnain ◽  
Safrizal Rambe
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Political System ◽  
Descriptive Analysis ◽  
Point Of View ◽  
The Political ◽  
Significant Shift ◽  
Analysis Method ◽  
The Government ◽  
Democratic Country

Democratic country like Indonesia usually generates healthy, growing, and rooted from below political party. In Indonesia, political parties have long been known before Indonesia's independence. At that time, the political party became the medium of the founding father's struggle to fight against colonialism. Since Indonesia's Independence Day, the existence of a political party was admitted and supported by the government. This study needs to do from a political point of view. It will enrich learning and understanding the existence of political parties concerning the development of Political Science in Indonesia. The focus of this study is to describe how the political party's history and its role from Orde Lama until the Orde Baru era in Indonesia. This study uses a qualitative research method, and data interpreting will be analyzed using the descriptive analysis method. In the meantime, data validation will be checked and rechecked after collecting data. This study concludes that Indonesian politics has experienced a significant shift in values and practices. Indonesia must begin to review the political system, nation, and state.

scholarly journals Une contribution positive à la protection des droits individuels : l'institution de l'ombudsman au Canada

2005 ◽  
Vol 20 (3) ◽  
pp. 525-538
Author(s):  
André Tremblay
Keyword(s):  
Judicial Review ◽  
Political System ◽  
Judicial System ◽  
The Political ◽  
The Government ◽  
Government Of Canada

Canada and Quebec have been actively involved in the trend which has resulted in the existence, within the political system, of a new institution : the Ombudsman. While the Government of Canada hesitated for some time before establishing the institution for federal purposes, the Quebec Public Protector has existed for somewhat more than 10 years, and the new institution has been recognized a proper remedy to the weaknesses of the judicial system. This article enumerates some of the weaknesses of judicial review and attempts to demonstrate that citizens are better protected by the Ombudsman because of the simplicity of the available remedies and the efficiency of settlement procedures. The new institution could not be introduced next to the judicial system without creating some problems. This article considers the respective domains which fall within the jurisdiction of the courts and of Ombudsmen, and the conflicts which could arise. Finally, the operation of the courts and of the Ombudsman will be considered, as well as the advantages and deficiencies of both institutions.

Referendum konstytucyjne we Włoszech. Jak głosowanie ludowe wpływa na system polityczny państwa?

2017 ◽  
pp. 110-127 ◽  
Author(s):  
Elżbieta Kużelewska
Keyword(s):  
Political System ◽  
Public Support ◽  
The Political ◽  
The Government ◽  
The Impact

This article analyses the impact of constitutional referendums on the political system in Italy. There were three constitutional referendums conducted in 2001, 2006 and 2016. All of them have been organised by the ruling parties, however, only the first one was successful. In the subsequent referendums, the proposals for amending the constitution have been rejected by voters. The article finds that lack of public support for the government resulted in voting „no” in the referendum.

History, Politics, and the Constitution: Ethnic Conflict and Constitutional Adjudication in Postcommunist Bulgaria

Slavic Review ◽  
2004 ◽  
Vol 63 (1) ◽  
pp. 66-89 ◽  
Author(s):  
Venelin I. Ganev
Keyword(s):  
Political Parties ◽  
Transitional Justice ◽  
Political Party ◽  
Historical Memory ◽  
Political Order ◽  
Democratic Politics ◽  
Socialist Party ◽  
The Political ◽  
Constitutional Court ◽  
Constitutional Adjudication

Infamously, the 1991 Bulgarian Constitution contains a provision banning political parties “formed on an ethnic basis.” In the early 1990s, the neo-communist Bulgarian Socialist Party invoked this provision when it asked the country's Constitutional Court to declare unconstitutional the political party of the beleaguered Turkish minority. In this article, Venelin I. Ganev analyzes the conflicting arguments presented in the course of the constitutional trial that ensued and shows how the justices’ anxieties about the possible effects of politicized ethnicity were interwoven into broader debates about the scope of the constitutional normative shift that marked the end of the communist era, about the relevance of historical memory to constitutional reasoning, and about the nature of democratic politics in a multiethnic society. Ganev also argues that the constitutional interpretation articulated by the Court has become an essential component of Bulgaria's emerging political order. More broadly, he illuminates the complexity of some of the major issues that frame the study of ethnopolitics in postcommunist eastern Europe: the varied dimensions of the “politics of remembrance“; the ambiguities of transitional justice; the dilemmas inherent in the construction of a rights-centered legality; and the challenges involved in establishing a forward-looking, pluralist system of governance.

«Razao e Liberdade. A Filosofia Politica de James Madison» Arguicao e Resposta

2011 ◽  
Vol 19 (37) ◽  
pp. 217-240
Author(s):  
Alessandra Silveira ◽  
José Gomes André ◽  
Keyword(s):  
Political Philosophy ◽  
Human Nature ◽  
Judicial Review ◽  
Point Of View ◽  
The Political ◽  
Alexander Hamilton ◽  
James Madison ◽  
The Relationship

This paper includes the exam of a Ph.D thesis about James Madison’s political philosophy, as well as the answers presented by the candidate to several criticai observations. Various themes are considered, though always surrounding Madison’s work: the peculiar characteristics of his federalism, the relationship between the idea of human nature and the elaboration of political models, the political and constitutional controversies that Madison entangled with several figures from its time (namely Alexander Hamilton), the problem of “judicial review” and the place of “constitutionality control” taken from a reflexive and institutional point of view, and other similar themes.

the presidential and the semi-presidential system

2021 ◽  
Author(s):  
Peshraw Mohammed Ameen
Keyword(s):  
Political System ◽  
The United States ◽  
Realistic Model ◽  
The Political ◽  
Kurdistan Region ◽  
Political Responsibility ◽  
Parliamentary System ◽  
Head Of State ◽  
Presidential System ◽  
The Government

In this research we dealt with the aspects of the presidential system and the semi-presidential system, and he problematic of the political system in the Kurdistan Region. Mainly The presidential system has stabilized in many important countries, and the semi-presidential concept is a new concept that can be considered a mixture of parliamentary and presidential principles. One of the features of a semi-presidential system is that the elected president is accountable to parliament. The main player is the president who is elected in direct or indirect general elections. And the United States is a model for the presidential system, and France is the most realistic model for implementing the semi-presidential system. The French political system, which lived a long period under the traditional parliamentary system, introduced new adjustments in the power structure by strengthening the powers of the executive authority vis-à-vis Parliament, and expanding the powers of the President of the Republic. In exchange for the government while remaining far from bearing political responsibility, and therefore it can be said that the French system has overcome the elements of the presidential system in terms of objectivity and retains the elements of the parliamentary system in terms of formality, so it deserves to be called the semi-presidential system. Then the political system in the Kurdistan Region is not a complete parliamentary system, and it is not a presidential system in light of the presence of a parliament with powers. Therefore, the semi-presidential system is the most appropriate political system for this region, where disputes are resolved over the authority of both the parliament and the regional president, and a political system is built stable. And that because The presence of a parliamentary majority, which supports a government based on a strategic and stable party coalition, which is one of the current problems in the Kurdistan region. This dilemma can be solved through the semi-presidential system. And in another hand The impartiality of the head of state in the relationship with the government and parliament. The head of state, with some relations with the government, can participate in legislative competencies with Parliament.

The Parliamentary Role of Joint Standing Committees in Sweden

1951 ◽  
Vol 45 (2) ◽  
pp. 464-473 ◽  
Author(s):  
Neil C. M. Elder
Keyword(s):  
The Political ◽  
Legislative Process ◽  
The Government

The joint standing committees of the Swedish Parliament are unique institutions of particular interest to the political analyst. They are the very linchpin of the legislative process in Sweden; they mediate in the event of intercameral disputes; and they even arrogate to themselves quasi-governmental powers when the government cannot muster a majority in the legislature.

scholarly journals Geographical Change of the Japanese National Land in the 200 Years Using INŌ’s Map with GIS

2019 ◽  
Vol 1 ◽  
pp. 1-2
Author(s):  
Yuji Murayama ◽  
Yuki Iwai
Keyword(s):  
Political System ◽  
Industrial Development ◽  
Large Scale ◽  
Geographic Information ◽  
Point Of View ◽  
The Political ◽  
Spatial Transformation ◽  
Survey Line ◽  
The Difference ◽  
The 19Th Century

<p><strong>Abstract.</strong> This presentation discusses the regional changes quantitatively in the 200 years through the overlay analysis of the present map and the INŌ’s map made by Tadataka INO in 1821 (Figure 1). INO surveyed the coastline and major roads on foot. He investigated not only survey lines, but also various geographic information such as rivers, lakes, mountains, village names, castles, temples, administrative boundaries, etc. Visualizing all of the 214 sheets of the INŌ’s large-scale map with Geographic Information Systems (GIS), we can analyse the national land condition seamlessly at the end of the Edo era.</p><p>Methodological point of view, we have serious problems including the scale, projection, identification of geographic features and so on, when we compare the old map with the present. In this connection, digitalizing the INŌ’s map as the GIS data is very useful to examine the spatial transformation scientifically during the 200 years. The digital INŌ’s map was constructed by employing the geo-reference function of GIS with the triangulation method. The survey line was converted into the line feature of vector data, and the place names were converted into the point feature of raster data. The distance of the survey line was measured by GIS-based geometric operation.</p><p>We obtained the following findings. The distributions of villages, ports, and facilities in western Japan were denser than those in eastern Japan in the 19th century. This was caused not only by the difference in natural environment and landform but also by socioeconomic factors including the locations of the castle towns and industrial activities. The regional structure has been dramatically transformed by the modernization of the political system, transportation system, and industrial development in reclaimed areas (Figure 2). It is concluded that most parts of changes in regional characteristics have been attained by overcoming the natural constraints. However, the difference in the political system has also been influential to the formation of the present regional system.</p>

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