Poets and Barbarians

2020 ◽  
pp. 97-106
Author(s):  
Karl Kraus
Keyword(s):  
Rule Of Law ◽  
Professional Competence ◽  
New Order ◽  
Economic Sector ◽  
The Rule Of Law ◽  
Anti Semitism ◽  
Seismic Force ◽  
Modern Era

This chapter illustrates the professional competence of a programmatic purge that reflects the anti-Semitism of Adolf Bartels, whose discontent with the modern era is reciprocated. There are sensational developments in every economic sector of the Nazi movement. But the rule of law by decree tolerates other arbitrary instances of metaphor coalescing with hard facts. In literature, too, there have been reported cases of unscrupulous competition ending in bloodshed. Authors who use their elbows, sometimes quite literally, to thrust aside Jews have defined themselves as the “Kampfbund” (Fighting Unit). The new order operates as violently as the seismic force in Walpurgis Night.

scholarly journals Formation’s Principles of the Judiciary of Ukraine

2021 ◽  
Vol 7 (6) ◽  
pp. 1001-1009
Author(s):  
Vitaliy Hudyma
Keyword(s):  
Rule Of Law ◽  
Professional Competence ◽  
Political Influence ◽  
The Political ◽  
Law And Order ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Supreme Council ◽  
The Status ◽  
Definition Of

The article reveals and researches the basic principles of the formation of the judiciary in Ukraine. It is established that judicial corps should be understood as an appropriate number of civil servants who hold the relevant positions as judges in the judicial bodies of Ukraine. It has been proved that judges make universally binding decisions, which determine, for example, other processes of maintaining law and order in the state. It is determined that the legislation lacks a clear definition of the term “judiciary” and lacks the primary grounds and principles by which the process of formation of the judicial corps in Ukraine should take place. It is established that the principles of formation of the judiciary in Ukraine should be based on the requirements for candidates for the position of judges, which are defined by Article 69, “Requirements for candidates for the position of the judge” of the Law of Ukraine “On Judiciary and the Status of Judges”. It is proved that one of the components of the procedure for the formation of the judiciary in Ukraine is the qualification assessment of candidates for the position of judges. It was found out that the qualification assessment of judges by the criterion of professional competence should be based on the principle of specialization and instance. It is established that the main principles based on which the appointment of judges-candidates for the positions of members of the Supreme Council of Justice are: the principle of the rule of law; the principle of professionalism; the principle of publicity; the principle of political neutrality. It is determined that one of the critical principles of formation of the judiciary in Ukraine should be the principle of non-political influence, namely its essence is revealed in the fact that entities that will participate both directly and indirectly in the formation of the judiciary should not, in any case, have any relation to the political sphere. It is noted that the prospects for further research in this area are the study of the holistic system and features of the formation of the judiciary in Ukraine.

scholarly journals Relationship between Regional Head Election Connectivity with Corruption Cultural Behavior in Indonesia

2019 ◽  
Vol 5 (1) ◽  
pp. 47-64
Author(s):  
Dejan Abdul Hadi ◽  
Faisal Syarif Hidayat
Keyword(s):  
Rule Of Law ◽  
Central Government ◽  
Regional Level ◽  
New Order ◽  
The Rule Of Law ◽  
Cultural Behavior ◽  
General Government ◽  
Election System ◽  
Regional Elections ◽  
Dominant Influence

Post New Order era there was a demand for reform from the Indonesian people, which then led to changes in the concept of regional head election system in accordance with the basic mandate of organizing the Election of Regional Heads indirectly is based on the 1945 Constitution, Article 18 paragraph (4) after the amendment which reads "Governors, Regents, and Mayors respectively as Heads of Provincial, Regency and City Regional Governments are democratically elected "Then the concept of Pilkada after the enactment of Law No. 32 of 2004 in conjunction with Law No. 10 of 2016 ended the dominant influence of the Central Government. The arrival of the decentralization era and the system of direct regional elections made corrupt acts of collusion and nepotism a culture continue to spread to the area that is certain can threaten democracy and the existence of the NKRI. So the authors see a relationship between the concept of the concept of the regional head election system and the culture of corruption in Indonesia, so the solution to overcome this problem is strengthening corruption eradication institutions, strengthening at the regional level effectively, harmonizing legislation, strengthening the principle of general government principles good and enforcement of the rule of law with the principle of equality before the law by realizing that there is a very urgent need to overcome the culture of corruption.

Jüdisches Leben zwischen Toleranz, Integration und Antisemitismus

2021 ◽  
pp. 523-553
Author(s):  
Christoph Lind
Keyword(s):  
Rule Of Law ◽  
18Th Century ◽  
First World War ◽  
World War ◽  
Jewish Communities ◽  
The Rule Of Law ◽  
Anti Semitism ◽  
The First World War ◽  
Revolution Of 1848 ◽  
First World

Jewish Life between Tolerance, Integration, and Anti-Semitism. In the 18th century, Jews were strictly forbidden to settle in Lower Austria, with the exception of Vienna. Only the Toleranzpatent of 1782 made this possible, again under certain conditions. Free movement in the wake of the revolution of 1848 led to the immigration of Jews, mainly from Bohemia, Moravia and Hungary. By 1908, they had founded 15 Kultusgemeinden (Jewish communities), with the associated religious infrastructure, throughout the country. The constitution of 1867 finally made them citizens with the same rights as the majority society. However, anti-Semitism fundamentally questioned their successful integration and physical existence in Lower Austria. Jews, however, did not accept these attacks without resistance, but defended themselves with the means available under the rule of law. During the First World War, they contributed to the ultimately futile war efforts of the Monarchy. They welcomed peace in 1918, but had to look to the future with concern, faced with an anti-Semitism that was more aggressive than ever.

14. Procedural Grounds of Judicial Review

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Procedural Fairness ◽  
Case Law ◽  
Administrative Law ◽  
The Rule Of Law ◽  
Partial Picture ◽  
The Law ◽  
Modern Era ◽  
Do So

This chapter examines the procedural grounds of judicial review. It discusses how the courts have used the procedural fairness doctrine by reviewing a number of leading cases to identify the values that appear to be shaping the content of the law. The analysis focuses on case law drawn from the ‘modern’ (ie post-1960) era, but several seminal decisions from earlier periods are also considered. The concept of procedural fairness has generated a vast body of case law in the modern era and will continue to do so in future. But the law on this point, even when seen in conjunction with the law relating to the traditional substantive grounds on which government action can be held unlawful, offers only a partial picture of the way in which administrative law fits into the broader constitutional principles of the rule of law and the sovereignty of Parliament.

scholarly journals Problematic points of the quality of qualification assessment of judges

2020 ◽  
pp. 198-207
Author(s):  
Larysa Trofimova
Keyword(s):  
Rule Of Law ◽  
Professional Competence ◽  
Good Governance ◽  
Objective Assessment ◽  
Equal Opportunities ◽  
The Rule Of Law ◽  
Case File ◽  
Selective Approach ◽  
The Right

In the article the author proposes problem solving ways of qualification assessment of judges based on the results of her own theoreticalresearch, discloses separate issues of quality of qualification assessment during the confirmation of judge’s compliance withthe position (applicant for the position) from case file research and conducting interviews by members of the High qualification commissionof judges of Ukraine based on provisions of the current legislation of Ukraine and law enforcement.Statistical observations, scientific research and expert studies, case law reveal not only the need to update the judiciary, but alsoto eliminate excessive and unjustified formalism, subjectivity in the exercise of authority to provide quality services, administrative proceduresto ensure the true quality of qualification assessment, compliance / non-compliance of a judge (applicant for the position) withthe criteria of professional competence, ethics and integrity.Legal policy, value system, tendency towards law and order, the human dignity, the protection of individual rights should be abenchmark in uniting the efforts of all members of society to establish the rule of law, ensure the functioning of an independent judiciaryand good governance, build an independent judiciary, the realization of equal opportunities for personal development, as well as theoptimal use of public resources in line with the goal of public policy – the establishment of the rule of law in Ukraine, the purpose ofthe budget program – ensuring the rule of law and protection of human rights and freedoms through the formation of a virtuous, highlyprofessional and independent judiciary.An important component of ensuring the quality of justice is timely and objective assessment of a judge’s competence, the effectivenessof training / maintenance of skills and the definition of professional skills, in particular on the basis of thorough analysis ofrevoked decisions and consideration of complaints, corrected mistakes, “template proceedings”, reasons for the formation of individualopinions in resolving disputes, taking into account the circumstances in connection with the departure from the preliminary conclusionsof the courts of cassation and compliance with procedural deadlines. Problems of subjective, selective approach, which are manifestedin different attitudes towards the participants of the qualification assessment, in order to confirm / not confirm the judge’s suitabilityfor the position and / or conduct competitions during the examination case files and conducting interviews by members of the Highqualification commission of judges of Ukraine, including on the different approach in responding to the conclusions and informationof the GRD with consideration in plenary (without plenary consideration), require further scientific analysis and improvement of legalregulation to prevent abuse of the right to equal opportunities, the right to be heard, the right to a fair trial, the right to quality judicialservices and administrative procedures with the implementation of the principles of good governance.

14. Procedural Grounds of Judicial Review

2021 ◽  
pp. 374-404
Author(s):  
Ian Loveland
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Procedural Fairness ◽  
Case Law ◽  
Administrative Law ◽  
The Rule Of Law ◽  
Partial Picture ◽  
The Law ◽  
Modern Era ◽  
Do So

This chapter examines the procedural grounds of judicial review. It discusses how the courts have used the procedural fairness doctrine by reviewing a number of leading cases to identify the values that appear to be shaping the content of the law. The analysis focuses primarily on case law drawn from the ‘modern’ (ie post-1960) era, but several seminal decisions from earlier periods are also considered. The concept of procedural fairness has generated a vast body of case law in the modern era and will continue to do so in future. But the law on this point, even when seen in conjunction with the law relating to the traditional substantive grounds on which government action can be held unlawful, offers only a partial picture of the way in which administrative law fits into the broader constitutional principles of the rule of law and the sovereignty of Parliament.

scholarly journals Turquía: supresión del régimen parlamentario bajo el estado de emergencia. (Observaciones preliminares sobre la modificación constitucional aprobada por el referéndum de 16 de abril de 2017)

2018 ◽  
pp. 489
Author(s):  
Ibrahim Ö. Kaboğlu
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Organization ◽  
European Convention ◽  
Military Coup ◽  
New Order ◽  
Time Dimension ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Democratic State

This paper discusses the politico-constitutional upheavals that took place in Turkey since 15 July 2016. While a state of emergency has been proclaimed to restore the public order disturbed by the attempted military coup, a constitutional modification, addressed to remove the parliamentary system, has been adopted under exceptional circumstances. The first question we considered in this paper is the constitutional practice of the state of emergency proclaimed, both in the perspective of the binding Constitution and the European Convention on Human Rights. Secondly, we analyzed the constitutional modifications, which appear very radical with respect to the continuity of the constitutional order, with respect to the time dimension of its effects, to the procedure adopted and the requirements of the rule of law. We finally asked ourselves whether such «new order»! is sustainable in a political organization conceived as a democratic State based on the rule of law and the respect of human rights.

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