Politische Kultur und Rechtsbewußtsein in Ostdeutschland-Folgen der Diktatur

1995 ◽  
Vol 39 (1) ◽  
pp. 174-187
Author(s):  
Ehrhart Neubert
Keyword(s):  
Civil Society ◽  
East Germany ◽  
The State ◽  
State Law ◽  
Constitutional State ◽  
Politische Kultur ◽  
State Grants ◽  
Law And Justice ◽  
The Church

Abstract The author examines the consequences of dictatorship upon the conciousness of law and justice in the postsocialist society of East-Germany. This society and even the Church are characterized by a moralizing thinking of justice- according to the German tradition of paternalistic state: the state grants justice and represents community. Ever after theseGermans regard themselves as inferiors, who want to get adjusted into a disciplined order. This leeds to disappointments and radical criticism of the democratic constitutional state. Law is not able to realize ultimatejustice. For the aceptance ofthe constitutional state it will be necessary to restore civil society and overcome a fundamentalistic criticism of civilisation.

scholarly journals Fikih Pancasila (Reinterpretasi Patriotisme dalam Upaya Meneguhkan Keutuhan NKRI)

2019 ◽  
Vol 10 (2) ◽  
pp. 144-157
Author(s):  
Miftahul Ulum
Keyword(s):  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Public Benefit ◽  
A Value ◽  
Constitutional State ◽  
Religious Law ◽  
Law And Justice ◽  
The Republic ◽  
The Right

Mahfud MD states that the Pancasila State is a constitutional state and is final, even in terms of religious/fiqh law can be declared valid and correct. The results of the ijtihad of the ulama of ushul fiqh also mentioned that the choice of national law based on the Pancasila and the 1945 Constitution of the Republic of Indonesia was the right choice and was recognized syara'. Indonesia's legal state also accepts the spiritual value of religious law. Written law and all procedural provisions (rechtsstaaf) are accepted but must be put in order to uphold justice (the rule of law). Written provisions that prevent justice can be abandoned. This is confirmed in the provisions of Article 24 paragraph (1) of the 1945 Constitution which states that the function of the judicial authority is to enforce law and justice, and Article 28D paragraph (1) concerning the right to obtain legal certainty and Article 28H that the law must be built on the basis of justice benefits. Jurisprudence law with national law has the same substance in maintaining and encouraging the development of a legal system based on social justice and public benefit (al-manfa'ah al-ammah) as has also been voiced and championed by the founders of the state when they are compiling the state ideology, namely Pancasila. Those who are predominantly Muslim have an open attitude to respect and accommodate the interests of other faith groups and religions. Abdurrahman Wahid also emphasized that the founders of the nation (such as Ki Bagus Hadikusumo, Abdul Wahid Hasyim, Kahar Mudzakkar, Agus Salim, and Ahmad Subardjo) who were experts in the field of Jurisprudence had absorbed and adopted the principles and objectives of fiqh law that had a value of justice, benefit, humanity and shura in the Pancasila state system.

Undoing the Institutions of the Democratic State

2019 ◽  
pp. 132-149
Author(s):  
Wojciech Sadurski
Keyword(s):  
Civil Society ◽  
Civil Service ◽  
The State ◽  
Civil Society Organizations ◽  
The Public ◽  
Commercial Media ◽  
Democratic State ◽  
Public Media ◽  
Law And Justice ◽  
Ruling Party

This chapter covers how, from the very beginning, the Law and Justice (Prawo i Sprawiedliwość (PiS)) party targeted five democratic institutions as obstacles to its capture of the state. First, it looks at the parliamentary opposition being marginalized and effectively silenced. Second, it details how the civil service has been subjected to political control, and the principles of professionalism and neutrality in the civil service have been abandoned. Third, the chapter looks at the public media being transformed into a propaganda machine for the ruling party, and the commercial media being threatened with laws that would constrain their operation. Fourth, it considers how electoral commissions have been effectively subjected to the executive, which renders massive electoral frauds possible. Finally, the chapter looks at how institutions dispensing grants and subsidies to civil society organizations have been centralized and subjected to the executive. All these institutions provide a buffer for the population from the arbitrary will of politicians, which is why PiS could not tolerate them.

scholarly journals Africa and the Covid-19 Information Framing Crisis

2020 ◽  
Vol 8 (2) ◽  
pp. 440-443 ◽  
Author(s):  
George Ogola
Keyword(s):  
Public Health ◽  
Civil Society ◽  
The State ◽  
The Public ◽  
Information Framing ◽  
The Church ◽  
Health Messaging

Africa faces a double Covid-19 crisis. At once it is a crisis of the pandemic, at another an information framing crisis. This article argues that public health messaging about the pandemic is complicated by a competing mix of framings by a number of actors including the state, the Church, civil society and the public, all fighting for legitimacy. The article explores some of these divergences in the interpretation of the disease and how they have given rise to multiple narratives about the pandemic, particularly online. It concludes that while different perspectives and or interpretations of a crisis is not necessarily wrong, where these detract from the crisis itself and become a contestation of individual and or sector interests, they birth a new crisis. This is the new crisis facing the continent in relation to the pandemic.

The Principles of Constitutionalism

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Separation Of Powers ◽  
Limit State ◽  
Well Being ◽  
The State ◽  
The Rule Of Law ◽  
Constitutional State ◽  
The Relationship

In this follow-up volume to the critically acclaimed Constitutional State, Nick Barber explores how the principles of constitutionalism structure and influence successful states. Far from acting exclusively as a mechanism to limit state powers, Barber contends that constitutionalism and its associated principles require that the state be structured to advance the well-being of its people. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles—sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society—casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the six principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

scholarly journals Can the State Accelerate the Secular Transition? Secularization in East and West Germany as a Natural Experiment

2020 ◽  
Vol 36 (4) ◽  
pp. 626-642 ◽  
Author(s):  
Jörg Stolz ◽  
Detlef Pollack ◽  
Nan Dirk De Graaf
Keyword(s):  
Natural Experiment ◽  
East Germany ◽  
State Intervention ◽  
The State ◽  
West Germany ◽  
Central European ◽  
East And West Germany ◽  
Incentive Structures ◽  
The World ◽  
The Church

Abstract Germany was a divided country from 1949 until 1989. During this period, West Germany remained a rather religious country, while East Germany became, under socialist rule, one of the most secular regions in the world. We use this case of socialist state intervention as a natural experiment to test Voas’ model of secular transition, which states that all Western and Central European countries follow the same path and speed of secularization. We employ ESS, GSS, and KMU surveys, as well as church statistics, to show that Voas’ model holds for West Germany but not for the East. In East Germany, the state accelerated the secular transition substantially: through coercion, incentive structures, and education, it succeeded in triggering mass disaffiliations from the church irrespective of age, and in discouraging parents from socializing their children religiously. This led to a self-perpetuating process that resulted in a rapid increase in the number of people who were never socialized religiously at all.

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