scholarly journals The Constitutionalization of International Law After Liberalism

Politeja ◽  
2021 ◽  
Vol 18 (6(75)) ◽  
pp. 5-27
Author(s):  
Piotr Uhma
Keyword(s):  
International Law ◽  
Public Space ◽  
The United States ◽  
The State ◽  
International Level ◽  
Liberal Internationalism ◽  
The Public ◽  
Modest Contribution ◽  
The People ◽  
The Usa

Many political changes that have taken place across the world in the last decade have been connected with the spill-over of a new narrative in the public dimension. Among other things, this narrative has emphasized returning control over the public space to the people once again, revitalization of the democratic community, restraint on an expansion of judicial power over representational politics, and in many instances, a specific national approach to the questions of governance. These trends have gained the name “illiberal democracy”, a description which Viktor Orban introduced into the language of political practice a few years later. Indeed, in many countries worldwide, from the United States of America (USA) during the presidency of Donald Trump, Central and Eastern Europe, to Turkey and Venezuela, it has been possible to observe changes which had the principal leitmotif to negate liberal democracy as the only possibility of organizing public space within the state. These trends are continuing, and there are no signs of them disappearing in the near future. The new dispensation in the USA under President Biden also does not guarantee an immediate return to the liberal internationalism of the 1990s. Political changes directed toward the constitutional space of the State have inspired researchers to consider the issues of new constitutionalism, new forms of democracy, and the rule of law beyond liberalism. This article is an attempt to transfer these considerations to the international level. The text aims to consider whether withdrawal from the liberal doctrine could also be observed on an international level and what these facts could mean for the intellectual project of constitutionalization of international law. Building upon reflections on constitutionalism and constitutionalization of international law, this text presents what has up until now been the mainstream understanding of international law as a liberal construct. This showcases the illiberal turn observed among certain countries as exemplified by the anti-liberal and realist language of their constitutional representatives. In this respect, this analysis is a modest contribution to the so far nascent field of sociology of international law. However, the main endeavor of this article is to unchain the notions of international liberalism and constitutionalization of international law as being popularly understood as two sides of the same coin. Consequently, the idea of political constitutionalism of international law is introduced. Seeing things from this perspective, this text focuses on the material rather than formal aspects of international law's constitutionalization. Within the stream of so called thick constitutionalism, there are a few elements listed with which the discussion about international law may continue to engage, if this law is to be considered as legitimate not only formally, but also substantially.

Interaction of Ukrainian Diaspora and the USA Government Regarding Celebration of Ukrainian Independence Day on January 22

2018 ◽  
Vol 1 (47) ◽  
pp. 136-145
Author(s):  
Halyna Shchyhelska
Keyword(s):  
United States ◽  
House Of Representatives ◽  
The United States ◽  
100Th Anniversary ◽  
Totalitarian Regime ◽  
The Public ◽  
Us Congress ◽  
The Us ◽  
Public Consciousness ◽  
The Usa

2018 marks the 100th anniversary of the proclamation of Ukrainian independence. OnJanuary 22, 1918, the Ukrainian People’s Republic proclaimed its independence by adopting the IV Universal of the Ukrainian Central Rada, although this significant event was «wiped out» from the public consciousness on the territory of Ukraine during the years of the Soviet totalitarian regime. At the same time, January 22 was a crucial event for the Ukrainian diaspora in the USA. This article examines how American Ukrainians interacted with the USA Government institutions regarding the celebration and recognition of the Ukrainian Independence day on January 22. The attention is focused on the activities of ethnic Ukrainians in the United States, directed at the organization of the special celebration of the Ukrainian Independence anniversaries in the US Congress and cities. Drawing from the diaspora press and Congressional Records, this article argues that many members of Congress participated in the observed celebration and expressed kind feelings to the Ukrainian people, recognised their fight for freedom, during the House of Representatives and Senate sessions. Several Congressmen submitted the resolutions in the US Congress urging the President of United States to designate January 22 as «Ukrainian lndependence Day». January 22 was proclaimed Ukrainian Day by the governors of fifteen States and mayors of many cities. Keywords: January 22, Ukrainian independence day, Ukrainian diaspora, USA, interaction, Congress

‘Party in the street’: The partisan politics of space

2021 ◽  
pp. 239965442110338
Author(s):  
David Jenkins ◽  
Lipin Ram
Keyword(s):  
Public Sphere ◽  
Public Space ◽  
State Power ◽  
Public Spaces ◽  
The State ◽  
Political Community ◽  
Democratic Legitimacy ◽  
Partisan Politics ◽  
The Public ◽  
The Public Sphere

Public space is often understood as an important ‘node’ of the public sphere. Typically, theorists of public space argue that it is through the trust, civility and openness to others which citizens cultivate within a democracy’s public spaces, that they learn how to relate to one another as fellow members of a shared polity. However, such theorizing fails to articulate how these democratic comportments learned within public spaces relate to the public sphere’s purported role in holding state power to account. In this paper, we examine the ways in which what we call ‘partisan interventions’ into public space can correct for this gap. Using the example of the Communist Party of India (Marxist) (CPIM), we argue that the ways in which CPIM partisans actively cultivate sites of historical regional importance – such as in the village of Kayyur – should be understood as an aspect of the party’s more general concern to present itself to citizens as an agent both capable and worthy of wielding state power. Drawing on histories of supreme partisan contribution and sacrifice, the party influences the ideational background – in competition with other parties – against which it stakes its claims to democratic legitimacy. In contrast to those theorizations of public space that celebrate its separateness from the institutions of formal democratic politics and the state more broadly, the CPIM’s partisan interventions demonstrate how parties’ locations at the intersections of the state and civil society can connect the public sphere to its task of holding state power to account, thereby bringing the explicitly political questions of democratic legitimacy into the everyday spaces of a political community.

War without Citizens

2018 ◽  
Vol 5 (1) ◽  
pp. 18-38
Author(s):  
Stephen J. Rosow
Keyword(s):  
United States ◽  
Consumer Culture ◽  
The United States ◽  
The State ◽  
Political Community ◽  
Democratic Citizenship ◽  
The Political ◽  
The Public ◽  
Liberal Democratic ◽  
Advanced Technologies

Contestation over war memorialization can help democratic theory respond to the current attenuation of citizenship in war in liberal democratic states, especially the United States. As war involves more advanced technologies and fewer soldiers, the relation of citizenship to war changes. In this context war memorialization plays a particular role in refiguring the relation. Current practices of remembering and memorializing war in contemporary neoliberal states respond to a dilemma: the state needs to justify and garner support for continual wars while distancing citizenship from participation. The result is a consumer culture of memorialization that seeks to effect a unity of the political community while it fights wars with few citizens and devalues the public. Neoliberal wars fought with few soldiers and an economic logic reveals the vulnerability to otherness that leads to more active and critical democratic citizenship.

Democracy and Excellence: Concord or Conflict?

2007 ◽  
Vol 40 (2) ◽  
pp. 535-537
Author(s):  
Laura Stephenson
Keyword(s):  
United States ◽  
The United States ◽  
The State ◽  
Class Structure ◽  
The People ◽  
Democratic Societies ◽  
The Relationship

Democracy and Excellence: Concord or Conflict?, Joseph Romance and Neil Reimer, eds., Westport CN: Praeger, 2005, 166, pp. xiv.This volume is the product of a question, asked by Neal Reimer, about the relationship between democracy and excellence. Reimer provides background for this relationship in the first chapter, noting that it can be framed as government by the people versus standards of the good, true and beautiful. Conflict can arise between the two ideas because democracy prioritizes equality of citizens—but excellence depends upon the recognition of differentiating merit. While democracy provides citizens freedom from a limiting class structure, the lack of structure can make citizens indifferent to pursuing a noble vision of the state. Reimer argues, however, that there is a fundamental harmony between democracy and excellence and that examples of excellence in democratic societies (such as the United States) are many. It is possible and likely that democratic societies will attain excellence in practice.

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

scholarly journals THE DEVELOPMENT OF THE USA LEGISLATION ON THE FIGHT AGAINST TERRORISM AFTER 11 SEPTEMBER 2001

2017 ◽  
Vol 3 (3) ◽  
pp. 86-92 ◽  
Author(s):  
Андрей Ефремов ◽  
Andrey Efremov
Keyword(s):  
United States ◽  
Public Transportation ◽  
The United States ◽  
The State ◽  
Maritime Transportation ◽  
International Terrorism ◽  
Patriot Act ◽  
Transportation Security ◽  
Mandatory Requirement ◽  
The Usa

The article is devoted to development of the USA legislation on the fight against terrorism. The author considered the objectives and tasks of the state in a particular historical period; analyzed the laws passed by the USA Congress aimed at combating home and international terrorism; identifies the main directions of the state policy of the USA in the field of counter-terrorism. The article covers the events after 11 September 2001 to the present. The author gives a brief overview of the events of 11 September 2001, discusses the Patriot Act and other laws, aimed at combating terrorism. The Patriot Act allows the Federal Bureau of Investigation to intercept telephone, verbally and electronic communications relating to terrorism, computer and mail fraud; introduces special measures to combat money-laundering; expands immigration rules, in particular, mandatory requirement of detention of persons suspected of terrorism appeared; reveals the procedure of multilateral cooperation to combat terrorism, strengthening measures to investigate terrorist crimes; established rewards for information on terrorism; introduces the procedure of identification of DNA of persons charged for committing terrorist crimes or any violent crime; introduced the concept of domestic terrorism and Federal crimes of terrorism, the prohibition on harboring terrorists and material support; there is a new crime — terrorist and other acts of violence against public transportation systems. The law abolished for the statute of limitations for crimes of terrorist orientation. In 2002 5 laws wer adopted: “Homeland Security Act of 2002”, “Maritime Transportation Security Act of 2002”, “Aviation and Transportation Security Act“, “Public Health Security and Bioterrorism Preparedness and Response Act of 2002”, “Terrorism Risk Insurance Act of 2002”. The Palestinian Anti-Terrorism Act was adopted in 2006. This law restricted the financial assistance to the Palestinian national authority; Haqqani Network Terrorist Designation Act of 2012 included the Haqqani Network in the list of international terrorist organizations; the political act of refusal of admission to the United States representative to the United Nations, because he was accused of the occupation of the espionage or terrorist activities against the United States and poses a threat to the national security interests of the United States.

scholarly journals Prinsip-Prinsip Etika Kristiani Bermedia Sosial

2021 ◽  
Vol 1 (1) ◽  
pp. 56-68
Author(s):  
Simon Simon ◽  
Tan Lie Lie ◽  
Heppy Wenny Komaling
Keyword(s):  
Social Media ◽  
Public Space ◽  
Hate Speech ◽  
Christian Ethics ◽  
Media Ethics ◽  
Literature Study ◽  
The Public ◽  
Study Approach ◽  
The People ◽  
At Will

Indonesian netizens are often labeled as social media users at will without heeding politeness when interacting. This assessment is further confirmed by a survey conducted by Microsoft,  that Medsos users are labeled as netizens with the worst politeness level for Southeast Asia scale. The predicate is certainly aimed at allreligius netizens without emphasizing certain beliefs. The low politeness indicates the lack of social media ethics applied by the people of the country. Ironically, Indonesia is known as areligius and civilized country, it seems invisible if you look at the behavior of netizens who are. The method used in this paper is descriptive qualitative method with a literature study approach. The description of this topic religion certainly teaches how politeness and politeness in the public space are displayed especially in social media, because politeness is an indikator we are called ethical or not. The principle of Christian ethics teaches that when using social media what a believer must do is not to do body shaming with other online media users, or not to comment racistically. Because God does not differentiate between fellow humans by loving one and not loving another just because humans are different physically, race or nation. The next principle of Christian ethics in social media is not to argue theologically and not to spit negative things. The goal is to avoid quarrels, let alone hate speech. Netizen Indonesia kerap di cap sebagai pengguna media sosial sesuka hati tanpa mengindahkan kesantunan ketika berinteraksi. Penilaian ini makin dipertegas melalui survei yang dilakukan oleh Microsoft,  bahwa pengguna Medsos dilabeli sebagai netizen dengan tingkat kesopanan paling buruk untuk skala Asia Tenggara. Predikat itu tentu ditujukan kepada semua netizen yang beragama tanpa menitik-beratkan keyakinan tertentu. Rendahnya kesopanan menandakan kurangnya etika bermedia sosial diterapkan oleh masyarakat tanah air. Ironisnya, Indonesia yang di kenal sebagai negara yang religius dan beradab, hal itu seakan tidak terlihat bila melihat perilaku netizen yang bar-bar. Metode yang digunakan dalam tulisan ini adalah metode kualitatif deskriftif dengan pendekatan studi kepustakaan. Uraian dari topik ini agama tentu mengajarkan bagaimana kesopanan dan kesantunan di ruang publik ditampilkan terlebih dalam bermedia sosial, karena kesopanan itu merupakan indikator kita di sebut beretika atau tidak. Prinsip etika Kristiani mengajarkan bahwa ketika bermedia sosial  yang  harus dilakukan orang Kristen  adalah tidak melakukanbody shaming kesesama pengguna media online, maupun tidak berkomentar secara rasis. Karena Allah tidak membeda-bedakan sesama manusia dengan mengasihi yang satu dan tidak mengasihi yang lain hanya karena manusia itu berbeda secara fisik, ras atau bangsa. Prinsip etika Kristiani berikutnya dalam bermedia sosial adalah tidak berdebat secara teologis dan tidak mengumbar hal negatif. Tujuannya  agar tidak terjadi pertengkaran apalagi ujaran kebencian.

scholarly journals KONSEP WELLFARE STATE DI INDONEISA

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Winda Roselina Effendi
Keyword(s):  
Social Security ◽  
Welfare State ◽  
Social Services ◽  
The State ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
Market Economy System ◽  
Economy System

Walfare State concept born in the era of the 20th century as a correction of the development of the concept of the country as night watchman, the phenomenon of economic capitalism that gradually leads to lameness in the distribution of sources of prosperity. In the Walfare State concept, the state is required to extend its responsibility to the socio-economic problems facing the people. The functions of the state also include activities that were previously beyond the scope of state functions, such as extending the provision of social services to individuals and families in specific matters, such as social security. The role of the state can not be separated with Welfare State because the state that plays a role in managing the economy which includes the responsibility of the state to ensure the availability of basic welfare services in certain levels. Welfare State does not reject the existence of a capitalist market economy system but believes that there are elements in the public order that are more important than market objectives and can only be achieved by controlling and limiting the operation of such market mechanisms.Keywords: walfare state, country, economic systemKonsep Walfare State yang lahir di era abad ke-20 sebagai koreksi berkembangnya konsep negara sebagai penjaga malam, gejala kapitalisme perekonomian yang secara perlahan-lahan menyebabkan terjadinya kepincangan dalam pembagian sumber-sumber kemakmuran bersarma. Dalam konsep Walfare State, negara dituntut untuk memperluas tanggung jawabnya kepada masalah-masalah sosial ekonomi yang dihadapi rakyat. Fungsi negara juga meliputi kegiatan-kegiatan yang sebelumnya berada diluar jangkauan fungsi negara, seperti memperluas ketentuan pelayanan sosial kepada individu dan keluarga dalam hal-hal khusus, seperti social security, kesehatan.  Peran negara tidak bisa dipisahkan dengan Welfare State karena negara yang berperan dalam mengelola perekonomian yang yang di dalamnya mencakup tanggung jawab negara untuk menjamin ketersediaan pelayanan kesejahteraan dasar dalam tingkat tertentu. Welfare State tidak menolak keberadaan sistem ekonomi pasar kapitalis tetapi meyakini bahwa ada elemen-elemen dalam tatanan masyarakat yang lebih penting dari tujuan-tujuan pasar dan hanya dapat dicapai dengan mengendalikan dan membatasi bekerjanya mekanisme pasar tersebut. Kata Kunci: walfare state, negara,sistem ekonomi 

scholarly journals Doing Public Theology in African Christianity: A Reflection on Communiques by Churches in Ghana

2021 ◽  
pp. 190-200
Author(s):  
Kwabena Opuni-Frimpong
Keyword(s):  
Public Space ◽  
Common Good ◽  
Holistic Approach ◽  
Public Theology ◽  
The Public ◽  
African Christianity ◽  
Secondary Sources ◽  
The People ◽  
The Common ◽  
Public Concerns

Faith in public life can be associated with Christianity in Ghana from the days of the early Western missionaries. Christian faith perspectives on matters of public concerns however, assumed a wider scope with the practice of regular issuance of communiques to governments and the people of Ghana by the churches. Christian ministry is expected to be holistic. A holistic approach in Christian ministry is considered to lead to the holistic development of the nation for the common good and the glory of God. Church leaders subsequently, bring their faith perspectives to matters of public concerns as a ministerial mandate to be in pilgrimage with the people. The study is a reflection on how the churches’ communiques are done and the factors that make the communiques theological in the public space. It further seeks to identify the contribution of the construction of communiques to public theology in Christianity in Ghana. The study as qualitative, examines both available primary and secondary sources. Copies of communiques of some selected churches, ecumenical bodies and joint communiques by ecumenical bodies are examined to appreciate insights of communiques by the churches. The study seeks to make a contribution to the theological construction of public theologies in Ghana and African Christianity. KEYWORDS: Public Theology, African Christianity, Communique, Common Good

scholarly journals The world public opinion towards the American foreign policy of presidents of the United States of North America in the years 2001–2016

2021 ◽  
pp. 163-184
Author(s):  
Przemysław Potocki
Keyword(s):  
United States ◽  
Foreign Policy ◽  
Public Opinion ◽  
American Foreign Policy ◽  
World System ◽  
The United States ◽  
Political Activity ◽  
The Public ◽  
The World ◽  
The Usa

The article is based on an analysis of certain aspects of how the public opinion of selected nations in years 2001–2016 perceived the American foreign policy and the images of two Presidents of the United States (George W. Bush, Barack Obama). In order to achieve these research goals some polling indicators were constructed. They are linked with empirical assessments related to the foreign policy of the U.S. and the political activity of two Presidents of the United States of America which are constructed by nations in three segments of the world system. Results of the analysis confirmed the research hypotheses. The position of a given nation in the structure of the world system influenced the dynamics of perception and the directions of empirical assessments (positive/negative) of that nation’s public opinion about the USA.

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