scholarly journals The Need for Horizontal Application of Fundamental Rights in India with Reference to State Action Doctrine in the Context of Globalisation

2013 ◽  
Vol 2 (1) ◽  
pp. 81-96
Author(s):  
Sanu Rani Paul
Keyword(s):  
Paradigm Shift ◽  
Fundamental Rights ◽  
State Action ◽  
Role Of The State ◽  
Private And Public ◽  
State Actors ◽  
Liberal Approach ◽  
State Action Doctrine ◽  
Fundamental Values

A paradigm shift in the role of the state has taken place with the emergence of private and private public participation in the socio welfare sectors of the economy. These private and public entities through their operations are making unreasonable interference in the lives of people thereby violating their fundamental rights. The judiciary has a significant role to play in protecting and upholding the fundamental rights of the citizens under the Constitution of India. But as far as enforcement of fundamental rights against private or non state actors is concerned, our judiciary is constrained in a set of narrow doctrines evolved from time to time. In the present scenario, an innovative and liberal approach in tune with the spirit and fundamental values of the Constitution is the need of the hour. The present study gives an account of the need for enforcement of fundamental rights in India against non state actors through an expansion of the concept of state action.

scholarly journals Securitisation gaps: Towards ideational understandings of state weakness

2021 ◽  
pp. 1-20
Author(s):  
Kevork Oskanian
Keyword(s):  
The State ◽  
Collective Knowledge ◽  
State Action ◽  
Role Of The State ◽  
Wide Range ◽  
State And Society ◽  
Interpretive Approach ◽  
Recent Developments ◽  
The Republic

Abstract This article contributes a securitisation-based, interpretive approach to state weakness. The long-dominant positivist approaches to the phenomenon have been extensively criticised for a wide range of deficiencies. Responding to Lemay-Hébert's suggestion of a ‘Durkheimian’, ideational-interpretive approach as a possible alternative, I base my conceptualisation on Migdal's view of state weakness as emerging from a ‘state-in-society's’ contested ‘strategies of survival’. I argue that several recent developments in Securitisation Theory enable it to capture this contested ‘collective knowledge’ on the state: a move away from state-centrism, the development of a contextualised ‘sociological’ version, linkages made between securitisation and legitimacy, and the acknowledgment of ‘securitisations’ as a contested Bourdieusian field. I introduce the concept of ‘securitisation gaps’ – divergences in the security discourses and practices of state and society – as a concept aimed at capturing this contested role of the state, operationalised along two logics (reactive/substitutive) – depending on whether they emerge from securitisations of the state action or inaction – and three intensities (latent, manifest, and violent), depending on the extent to which they involve challenges to state authority. The approach is briefly illustrated through the changing securitisation gaps in the Republic of Lebanon during the 2019–20 ‘October Uprising’.

scholarly journals Implementing Peace Curriculum at Catholic Senior High School in Bali

2019 ◽  
Author(s):  
Agustinus Sumaryono ◽  
Sugiyono Sugiyono
Keyword(s):  
High School ◽  
Civil Society ◽  
The State ◽  
Senior High School ◽  
Role Of The State ◽  
State Actors

This research investigates how curriculum has contributed to society, especially in the context of maintaining peace in Indonesia. Unlike former studies that have paid the most attention to the fundamental role of the state actors or civil society, this study emphasizes the importance of school to build peace. This research pays attention to the case of catholic senior high school in Bali. The finding suggests that school can be agent of peace through implement the peace curriculum in school. This study demonstrates that the peace curriculum should be implemented in school to prevent the violence action. Hence, providing space for further discussion about the content of peace curriculum that can be implemented in Indonesia.

scholarly journals The Problem of State Violence

Daedalus ◽  
2022 ◽  
Vol 151 (1) ◽  
pp. 22-37
Author(s):  
Paul Butler
Keyword(s):  
Use Of Force ◽  
State Violence ◽  
The State ◽  
Power Sharing ◽  
The Public ◽  
Role Of The State ◽  
Abuse And Neglect ◽  
The Future ◽  
State Actors

Abstract When violence occurs, the state has an obligation to respond to and reduce the impacts of it; yet often the state originates, or at least contributes to, the violence. This may occur in a variety of ways, including through the use of force by police, pretrial incarceration at local jails, long periods of incarceration in prisons, or abuse and neglect of people who are incarcerated. This essay explores the role of the state in responding to violence and how it should contribute to reducing violence in communities, as well as in its own operations. Finally, it explores what the future of collaboration between state actors and the community looks like and offers examples of successful power-sharing and co-producing of safety between the state and the public.

The Challenges of Antirape Activism in the 1970s

2019 ◽  
pp. 133-159
Author(s):  
Catherine O. Jacquet
Keyword(s):  
Sexual Violence ◽  
Common Ground ◽  
The State ◽  
Social Revolution ◽  
Women’S Liberation ◽  
Role Of The State ◽  
Black Freedom ◽  
State Actors ◽  
Rape Crisis

This chapter examines the conflicts and constraints posed by varying antirape discourses and approaches to antirape activism in the 1970s. At this time, activists in the women’s liberation and black freedom movements confronted one another’s politics on rape, sometimes unable to find common ground. The competing beliefs and approaches that activists brought to their antirape work heightened the potential for discord between movements. This was particularly exacerbated by the increasing role of the state in antirape work. By the mid-1970s, state actors and agencies played a dominating role in antirape work, leaving many feminists deeply concerned about the direction of the movement. State co-optation of key feminist interventions, such as rape crisis centers, resulted in a movement that was largely reformist. Feminists saw their once radical vision of social revolution overshadowed by increasing state efforts for reform-based solutions to the problem of sexual violence.

What is Public? Big Questions Emerging from the Clash of Legal and Policy Paradigms

2020 ◽  
Author(s):  
Cullen C Merritt ◽  
Deanna Malatesta ◽  
Julia L Carboni ◽  
James E Wright ◽  
Sheila Suess Kennedy
Keyword(s):  
Common Ground ◽  
Theory And Practice ◽  
New Governance ◽  
State Action ◽  
The Public ◽  
Goods And Services ◽  
Administrative Framework ◽  
State Actors ◽  
Vantage Points ◽  
State Action Doctrine

Abstract This article draws on three main sources to define the constitutional boundaries for outsourcing public goods and services in the age of new governance: (1) public administration research related to public–private distinctions; (2) Office of Management and Budget (OMB) Circular A-76, federal policy on “inherently governmental” functions; and (3) the State Action Doctrine, the judiciary’s approach for distinguishing state actors from non-state actors for the purpose of redressing constitutional infringements. While these three sources have developed independently, approach the public–private debate from different vantage points, and allow significant ambiguities to remain, we contend that common ground can be leveraged theoretically to derive criteria to resolve many government outsourcing decisions in a way that is efficient and effective. Our main contribution is in providing first steps toward the development of a modern legal and administrative framework that aligns outsourcing theory and practice with the realities of new governance.

Politics and Inequality in Latin America

2009 ◽  
Vol 42 (04) ◽  
pp. 651-655 ◽  
Author(s):  
Evelyne Huber
Keyword(s):  
Latin American ◽  
International System ◽  
State Action ◽  
Land Distribution ◽  
Policy Choices ◽  
Political Conflicts ◽  
Role Of The State ◽  
Structural Roots ◽  
Latin American Countries

Our symposium offers a variety of perspectives, such as on self-perpetuation of inequality in the international system, or on the consequences of inequality for economic growth or for social and political conflicts. This contribution discusses the determinants of domestic policy choices that affect inequality and the consequences of these policy choices. The empirical focus is on Latin American countries, which collectively are characterized by the highest regional levels of inequality in the world, but individually show considerable variation. Different analyses have emphasized different causes of income inequality and of the variation in inequality, such as historical structural roots in land distribution and natural-resource endowments, geography, ethnic divisions, the economic context, demographics, and state action or lack thereof. The role of the state has not received much systematic attention until rather recently, though, despite its essential role in the allocation of resources.

scholarly journals Can positive obligations of States serve as a remedy for human rights violations committed by juristic persons?

2018 ◽  
Vol 19 (1) ◽  
pp. 45-60
Author(s):  
Pavel Ondrejek
Keyword(s):  
Human Rights ◽  
Major Change ◽  
Case Law ◽  
The State ◽  
Fundamental Rights ◽  
Human Rights Violations ◽  
Legal Doctrine ◽  
Role Of The State ◽  
The Relationship

Abstract: Positive obligations of States to protect and implement human rights are considered a part of various effects of human rights in legislations. In this article, it is argued that a crucial problem arises from the inconsistent practice of addressing violations of human rights committed by juristic persons together with a lack of underlying general theory of liability for human rights violations committed by private entities. Without a major change in the legal doctrine and case-law, we will need to remain focused on the role of the State as a guarantor of human rights, rather than on the imposition of human rights obligations on private-law entities. In this article, it is argued that the nature of the relationship between a juristic person and the State is not the only relevant aspect, as we should also examine the activity of the juristic person in question.Keywords: Positive obligations of States. Juristic persons. State-juristic person nexus. Fundamental rights. Horizontal effect.Resumo: Obrigações estatais positivas de proteger e de implementar direitos humanos são parte dos vários efeitos dos direitos humanos nas legislações nacionais. Neste artigo, argumenta-se que um problema crucial decorre da prática de abordar violações de direitos humanos cometidas por pessoas jurídicas sem uma teoria geral da responsabilidade por violações de direitos humanos cometidas por entidades privadas. Sem uma mudança importante na doutrina e na jurisprudência será preciso permanecer olhando apenas para o papel do Estado como garantidor de direitos humanos. Neste artigo argumenta-se que a natureza da relação entre uma pessoa jurídica e o Estado não é o único aspecto relevante. É preciso examinar também a atividade da pessoa jurídica em questão.Palavras-chave: Obrigações positivas dos Estados. Pessoas jurídicas.

The architecture of modern anti-unionism in Canada: Class struggle and the erosion of workers’ collective freedoms

2018 ◽  
Vol 43 (3) ◽  
pp. 459-481
Author(s):  
Charles Smith ◽  
Andrew Stevens
Keyword(s):  
Collective Bargaining ◽  
Labour Law ◽  
Labour Movement ◽  
Labour Relations ◽  
The Past ◽  
Role Of The State ◽  
Private And Public ◽  
Labour Legislation ◽  
The Relationship

Over the past four decades, governments have backed away from the promotion of collective bargaining in Canada resulting in a tendency towards anti-unionism. Examining this new reality, this article investigates two interrelated trends in Canadian anti-unionism over the last two decades in an effort to conceptualize the role of the state in regulating labour relations. First, we investigate legislative attempts to undermine or eliminate the ability of workers to collectively bargain and strike. Second, the article unpacks the political economy of anti-unionism in the private sector by focusing on the role of lobby groups that have shaped labour legislation. These two interrelated threads allow us to expose the relationship between employers and governments, which has threatened the strength of organized labour in the private and public sector and shaped a uniquely Canadian anti-unionism. Finally, we conclude by examining both the strengths and limitations of the unique fight-back strategies used by the labour movement, which has sought to elevate aspects of Canadian labour law to be protected by the Charter of Rights and Freedoms. This, we argue, offers restrictive possibilities for advancing collective bargaining rights in the existing labour relations framework.

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