scholarly journals Impact on Democracy of Emergency Measures Against Covid-19

2021 ◽  
Vol 8 (1) ◽  
pp. 28-38
Author(s):  
Afrim Krasniqi

Whilst there is significant discussion globally on the thesis that the Coronavirus is emboldening autocrats the world over through vastly expanded emergency powers, extraordinary measures and reliance on enforcement rather than on expendable democratic subtleties, this paper focuses on the particular case of Albania to show that even though the level of illiberal thrust in this country is far from equalling that of authoritarian regimes, a host of key similarities are already there, and the substance behind those similarities is equally worrying. In Albania, the operationalisation of the pandemic has made room for the relentless advancement of the government’s political agenda, giving rise to serious doubts about the sincerity of the government-sponsored measures, their end effects and their compatibility with public interest and constitutional framework.

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Dhina Setyo Oktaria ◽  
Agustinus Prasetyo Edi Wibowo

Land acquisition for public purposes, including for the construction of railroad infrastructure, is a matter that is proposed by all countries in the world. The Indonesian government or the Malaysian royal government needs land for railroad infrastructure development. To realize this, a regulation was made that became the legal umbrella for the government or royal government. The people must agree to regulations that require it. Land acquisition for public use in Malaysia can be completed quickly in Indonesia. The influencing factor is the different perceptions of the understanding of what are in the public interest, history and legal systems of the two countries as well as the people's reaction from the two countries


Author(s):  
Godfrey E. Massay

Most countries in Sub-Saharan Africa, including Tanzania, liberalized their land policies in the early 1990s because of the pressure from neo-liberal institutions such as the World Bank and IMF. The 1999 Tanzanian Land Laws are hailed to be the most progressive legislations in the Sub-Saharan region in terms of decentralization of land administrative powers and protection of customary tenure. However, they are still hampered with both policy weakness and implementation challenges. The standards used in compensation are still weak and unclear and subject to arbitrariness. Consequently, foreign investors or the government in cases of public interest acquisitions can acquire land without fully compensating the landholders. For land holders to get fair compensation in Tanzania there is need for both legislative amendments and change in practice. This chapter explores the compensation of landholders in Tanzania.


2017 ◽  
Vol 9 (1-4) ◽  
Author(s):  
Sulaiman M.A ◽  
Wan Yusoff W.Z ◽  
Al-Edrus S.M.D ◽  
Shafie. F

The missing person issue has recently become the issue of the world, especially after the Malaysian Airlines MH370 tragedy a few years ago. In Islam, the missing person is known as ‘Al-Mafqud’. One of the largest issue is how the management of missing person’s properties which can also affect country and their heirs. Management of missing person’s properties is different as compared to management of inheritance properties. Uncertain status of person’s life or death creates the conflict and their property needs to be frozen due to law constraints either in Malaysia civil or syariah law. This phenomenon raises many issues and problems that become increasingly critical and extremely difficult to resolve. Besides, if the muslim’s properties do not develop, it can cause detrimental effect to the muslim community. In Islam, the wastage of wealth resource is highly discouraged because it will cause significant impact to the Muslims. Moreover, if the property is used wisely, it will give a positive impact to the society, economy and education. On that matter, in 1982 National Fatwa Committee has already given the decree that the government has the right to acquire or use any form of property that is not used for public interest. But until now, no effective measures have been taken by the government to ensure that these issues can be dealt with properly. Hence, this research addresses the management of missing person’s properties in the Maqasid Syariah dimensions.  


2021 ◽  
Vol 20 (1) ◽  
pp. 11-24
Author(s):  
Nicholas Levy ◽  
John Messent ◽  
Edward Dean ◽  
Chloe Hassard

On 11 November 2020, the UK Government published the National Security and Investment Bill (NSI Bill), which, if approved by Parliament, would allow the Secretary of State for Business, Energy and Industrial Strategy (Secretary of State) to screen and prohibit ‘potentially hostile’ investments that threatened UK national security. The proposed system would represent the most significant change in the UK regulatory environment since the Government ceded the power to approve or prohibit mergers on competition grounds to an independent agency in 2002. The envisaged regime would be among the most wide-ranging and onerous in the world, adding a new layer of mandatory review and imposing non-trivial costs on investments in any company with UK activity. This article describes the UK's existing public interest intervention regime, explains the background to the Government's proposed new regime, including similar initiatives elsewhere in the world, summarizes the principal features of the proposed new UK regime, and considers its potential implications for investments in the UK.


2020 ◽  
Vol 2 (1) ◽  
pp. 75-83
Author(s):  
Michael Otieno Otieno; Michael M. Ndonye

The main aim of this paper is to investigate media ownership patterns and analyse the implications of such patterns in Kenya—while thinking globally. Notably, media industry has attracted politicians and business tycoons around the world. It is one of the most lucrative industries that come with a lot of power and influence. From the literature reviewed in this analysis, it is evident that very few studies have been done to critically look at the media ownership patterns in Kenya and the implications such ownership have in the media market place. The paper is aimed at answering three questions. 1) What has been the media ownership pattern in Kenya since independence? 2) What does media ownership patterns mean to the Kenyan Media industry? 3) How does this pattern in Kenya compare to the rest of the world? Analysis from this research seems to demonstrate that most media outlets in Kenya are either politically owned or have some political agenda attached to them. As a result of such pattern, the Kenyan media experience narrow content and lack of alternative viewpoint of news and information disseminated to the public. Secondly, there is lack of balance since the main aim of the media is to advance political agenda as opposed to being the fourth estate—that watchdogs the government on behalf of the society. The findings also indicate that there are similarities in media ownership in Kenya and those around the world. When the political class owns the media, its normative roles are compromised, the editorial independence is skewed, and the media loses its impact as a cultural institution. The recommendation is that only community media can undo the pattern that is being established by politically owned media industry.


2021 ◽  
Vol 3 ◽  
Author(s):  
Juha Koljonen ◽  
Emilia Palonen

This article discusses discursive transformations in the performance of the government and the “hashtag landscape,” studying Twitter discussions and the female-led government of one of the youngest Prime Ministers in the world, Sanna Marin of Finland. Among the countries in Europe, Finland has been, in the period of analysis of March 2020 to January 2021, one of the least affected countries by the COVID-19 pandemic. Our datasets from both Twitter discussions and the government’s press conferences in 2020 reveal which were the emerging topics of the pandemic year in Finland and how they were discussed. We observe a move from consensual governmental political control to control in the hands of the authorities and ministers responsible, performing a different basis for the pandemic. On the “hashtag landscape,” facemasks continually emerge as an object of debate, and they also become a point of trust and distrust that the government cannot ignore. In terms of comparative governance, this article also notes how the emergency powers legislation shifted control to the government from regional authorities and municipalities in spring 2020, and by that autumn, those powers were returned to regional and local bodies. We recognize several themes that were contested and the discursive field’s transformations and interplay with the authorities.


2021 ◽  
Vol 1 ◽  
Author(s):  
Zaki Azmi

This write-up looks into the political situation that existed in Malaysia commencing with the 2018 General Election when Pakatan Harapan toppled the long-established Barisan Nasional and thereafter fall of Pakatan Harapan (PH) Government in 2020. Thereafter the Perikatan Nasional (PN) led by Tan Sri Muhyiddin Yassin took over the government. The PN Government was accused of being a back-door government. Immediately after PN took over the Government, the world, including Malaysia, faced the Covid-19 pandemic. At the same time, the PN Government, which included UMNO and PAS, had only a very small majority in Parliament. The issue of the Government invoking the Emergency powers under Article 150 of the Federal Constitution was extensively discussed amongst the politicians and writers. Article 150 became very relevant. A major part of this write-up (which is supported by legal authorities) involves the legality of the Government invoking Article 150 towards fighting the Covid-19 pandemic in Malaysia.


2017 ◽  
pp. 148-159
Author(s):  
V. Papava

This paper analyzes the problem of technological backwardness of economy. In many mostly developing countries their economies use obsolete technologies. This can create the illusion that this or that business is prosperous. At the level of international competition, however, it is obvious that these types of firms do not have any chance for success. Retroeconomics as a theory of technological backwardness and its detrimental effect upon a country’s economy is considered in the paper. The role of the government is very important for overcoming the effects of retroeconomy. The phenomenon of retroeconomy is already quite deep-rooted throughout the world and it is essential to consolidate the attention of economists and politicians on this threat.


2020 ◽  
Vol 10 (3) ◽  
pp. 149-154
Author(s):  
YURI FRANCIFOROV ◽  
◽  
MARINA BARANOVA

The purpose of the article is to consider the peculiarities of investigative and judicial actions that are caused by their postponement, the inability to attract a lawyer, as well as the suspension of the preliminary investigation during the period of emergency measures taken by the government of the Russian Federation in response to the outbreak of the coronavirus infection pandemic (COVID-19). The authorsanalyze the features of the courts activity in connection with the coronavirus pandemic, which is associated with minimizing the personal reception of citizens and submitting documents via electronic Internet reception offices of courts or by Russian Post, as well as the possibility of conducting online court sessions. The authors come to the conclusion that the judicial system was not sufficiently prepared for the pandemic, and therefore it is urgently necessary to adopt a special normative act that would regulate the implementation of judicial proceedings in emergency situations, allowing to continue to consider urgent cases, including materials on the election, extension, cancellation or change of a preventive measure.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


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