scholarly journals Analisis Politik Hukum Dan Implementasinya

2019 ◽  
Vol 2 (1) ◽  
pp. 104-117
Author(s):  
Islamiyati Islamiyati ◽  
Dewi Hendrawati
Keyword(s):  
State Policy ◽  
Legal Framework ◽  
The State ◽  
The Law ◽  
Politics And Law ◽  
The Relationship

 The relationship between politics and law is very familiar, the law is a legislation that is actually a crystallization of political wills that interact and influence each other. Political law is defined as the official line of state policy to create and enact legislation in order to achieve the goals and goals of the state as contained in the preamble of the Constitution of 1945 Alenia IV. Implementation of legal politics in the form of legislation that is used as a tool to achieve state goals, in accordance with the national legal framework of national law, which can be seen in PROLEGNAS AND PROLEGDA.Keyword:  law, politics, implementation. ABSTRAKHubungan antara politik dan hukum sangat akrab, hukum  merupakan peraturan perundang-undangan yang sebenarnya adalah kristalisasi dari kehendak-kehendak politik yang saling berinteraksi dan saling mempengaruhi. Politik hukum diartikan sebagai garis resmi kebijakan negara untuk membuat dan menetapkan peraturan perundang-undangan guna mencapai cita-cita dan tujuan negara seperti yang terdapat pada pembukaan UUD NRI 1945 alenia IV. Implementasi politik hukum berupa ditetapkannya perundang-undangan yang digunakan sebagai alat untuk mencapai tujuan negara, yang sesuai dengan kerangka dasar politik hukum nasional, yang dapat dilihat di PROLEGNAS DAN PROLEGDA.

scholarly journals The Role of Securitization in the Relationship Between State and Religion—The Example of the Kyrgyz Republic

2021 ◽  
pp. 117-137
Author(s):  
Zrinka Štimac ◽  
Indira Aslanova
Keyword(s):  
Soviet Union ◽  
State Policy ◽  
Legal Framework ◽  
The State ◽  
Religious Organizations ◽  
Kyrgyz Republic ◽  
State Institutions ◽  
The Soviet Union ◽  
Democratic State ◽  
The Relationship

AbstractIn this paper, we discuss the challenges of developing secular framework in relation to religion in Kyrgyzstan, the first Central Asian republic where democratic institutions were established after the collapse of the Soviet Union and which has been strongly challenged in maintaining its democratic achievements during the Tulip Revolution and other revolts in 2010 and 2020. The question we aim to answer is how processes of securitization shape the relationship between state institutions and religious organizations, knowing that Kyrgyzstan is still influenced both by the Soviet understanding of secularism and by models of secularity and governance from countries and societies with different histories and conditions of development. We look at different phases of the relationship between state and religion starting with the regime change and the establishment of a democratic state. Secondly, the establishing of a legal framework for state policy on religious organizations. Thirdly, the time of the adoption of measures to protect the interests of all citizens, believers and non-believers, and the beginning of the process of active influence of state policy on the situation in the religious sphere. And finally, the new (mis)understanding of the relations between the state and religion, both on the side of the state and religious organizations. Our theoretical point of departure is the concept of securitization, and from there on we take a discursive approach focusing on the different actors in this arena, such as state institutions and the various religious organizations and groups.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

«RIOT» OR «CHAOS»?: NATURE OF DISTURBANCE BETWEEN UDINSK AND SELENGINSK WARRIORS IN 1696

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 19-36
Author(s):  
E. A. Bagrin
Keyword(s):  
Conflict Resolution ◽  
Legal Framework ◽  
The State ◽  
State Administration ◽  
The Law ◽  
Moderate Position

The article examines the disturbances of warriors from Selenginsk, Udinsk, Ilyinsky and Kabansky fortresses, which occurred in 1696. The author of the study believes that the events were not a direct struggle against state administration. Most of the actions of Transbaikalye residents, directed against the voivode A. Savelov, were not the riot and in most cases did not go beyond the legal framework. On the basis of those events were the erroneous policy of the state aimed at the garrisons formation in Western Transbaikalye, not at anti-feudal process as it was previously thought. The article focuses on the fact that the stage of involvement of Selenginsk and Udinsk military corporations in «troubles» was unequal. While Selenginsk warriors and part of the «old» Udinsk warriors had taken a moderate position in anticipation of conflict resolution with Irkutsk voivode with the help of the state some of Udinsk warriors, mainly the newly-recruited, were inclined to arbitrariness and violation of the law.

1. Introducing constitutions and public law

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

10. Children needing services, care, and protection

2018 ◽  
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Family Life ◽  
Local Authority ◽  
The State ◽  
Care Plan ◽  
Significant Harm ◽  
The Law ◽  
The Relationship

This chapter examines the relationship between children, parents, and the state, looking at how the law responds to children needing services, care, and protection. Topics discussed include: Part III of the Children Act 1989; the threshold for compulsory intervention in family life based on the concept of ‘significant harm’; protecting children in an emergency; interim care and supervision orders; the local authority’s care plan and respective roles of the local authority and court; and discharge of care orders.

PUBLIC INTEREST AS A DETERMINANT OF TERRITORIAL AUTONOMY

2020 ◽  
Vol 3 (XX) ◽  
pp. 223-233
Author(s):  
Przemysław Niemczuk
Keyword(s):  
Public Interest ◽  
National Interest ◽  
The State ◽  
Social Conditions ◽  
The Public ◽  
Relative Term ◽  
The Law ◽  
Distribution Of Power ◽  
The Relationship

The article aims to explore the concept of territorial autonomy. The research assumption is that public interest is one of the fundamental determinants of territorial autonomy. Territorial autonomy has not been defined by law. It is a general and relative term, and thus difficult to define (if such an enterprise is possible at all). However, one thing is certain - the idea behind this term determines the law regulating the organizational and territorial form of the state, i.e. the distribution of power between the centre and the territory. Further attempts to specify territorial autonomy are met with serious difficulties. Therefore, it is crucial to look at it through the prism of public interest. The term public interest has a relative meaning, because it depends on the constantly changing social conditions. This variability is, among others, a result of the territorial context. The national interest and the territorial interest will be defined in different ways. It seems, therefore, that in order to explicate the notion territorial autonomy, one should refer to the concept of public interest and then take into account the relationship between the interest of a territory and the interest of the whole state. This will make it possible to outline territorial autonomy through the prism of its determinant – the public interest.

The Relationship between Politics and Law. The function of jus symbioticum in Politica methodice digesta of Johannes Althusius

2020 ◽  
Vol 6 (3) ◽  
pp. 295-306
Author(s):  
Ilaria Pizza
Keyword(s):  
The Political ◽  
The Law ◽  
Politics And Law ◽  
The Relationship

This work aims to clarify how the relationship between politics and law is conceived in Johannes Althusius’ greatest work, Politica methodice digesta. The intention is thus to explain what function the law, specifically defined jus symbioticum - from the attribute συμβιωτική proper to the ars politica -takes on in the various kinds of association that Althusius identified, the political nature of which he emphatically reaffirmed.

scholarly journals Modern legal content of optimization of directions of administrative and legal regulation of the state cybersecurity policy

2021 ◽  
pp. 31-42
Author(s):  
Igor Diorditsa
Keyword(s):  
Cyber Security ◽  
State Policy ◽  
Critical Infrastructure ◽  
Armed Forces ◽  
Legal Regulation ◽  
Training System ◽  
The State ◽  
National Interests ◽  
Cyber Threats ◽  
The Law

The article proposes to consider the author's results of determining the conceptual provisions for optimizing the areas of administrative and legal regulation of state cybersecurity policy. The content of the current state of state policy in the field of cybersecurity is considered. Theoretical and practical aspects of optimization of legal relations in the field of state cybersecurity policy are analyzed. The interpretation of the state cybersecurity policy of Ukraine is determined – the activity of state and legal institutions to manage real and potential cyber threats and dangers to meet the cyber needs of man and citizen, as well as the realization of national interests in this area. The own vision of directions of the state cybersecurity policy according to the maintenance of a number of regulatory legal acts is offered, namely: directions of the state cybersecurity policy according to the Law of Ukraine «About the basic principles of maintenance of cybersecurity of Ukraine»; directions of the state cybersecurity policy in accordance with the Law of Ukraine «On Fundamentals of National Security of Ukraine»; directions of the state cybersecurity policy in accordance with the Doctrine of Information Security of Ukraine. It is concluded that the priority areas for optimizing state policy to strengthen the administrative and legal regulation of cybersecurity of the state are the following reforming cyber law as a segment of information legislation of Ukraine, especially in terms of not only clearly defining current threats and threats to cyber security, but also mechanisms public policy, including symmetric cyber measures; research on the protection of critical infrastructure from cyberattacks; promoting the development of domestic innovative products that can be used to strengthen the cybersecurity of the state; completion of the implementation of the provisions of the Council of Europe Convention on Cybercrime into national law; optimization of the training system in the field of cybersecurity for the needs of the Armed Forces of Ukraine and other bodies of the security and defense sector of Ukraine; promoting a more active policy of state security institutions to inform the public about cyber threats; promoting the militarization of cyberspace; support for both existing multilateral training sessions on countering cyberattacks on the state information infrastructure, and initiating new types of such training sessions. Key words:cybersecurity, cyberspace, state policy, cybersecurity policy, cybercrime.

scholarly journals Steps of the Development and Formation of Regulatory and Legal Framework for State Youth Policy in Uzbekistan

2019 ◽  
Vol 9 (1) ◽  
pp. 3138-3143
Keyword(s):  
Legal Framework ◽  
The State ◽  
Youth Policy ◽  
Normative Documents ◽  
Category System ◽  
The Law ◽  
The Republic

The article analyzes the problem of rounding the processes of formation of the state youth policy in Uzbekistan as a theoretical source of the legislative and legislative acts of the Republic of Uzbekistan in this field. This is due to the fact that these normative documents define the content of a number of concepts that serve as a category system for research in the field. It also reveals that the period of formation of the state youth policy in Uzbekistan is considered as a determinant of the date of adoption of the Law and other legislative acts.

scholarly journals CORRECTIONAL PROGRAMS IN THE STATE PRISONS OF INDIA: AN ANALYSIS WITH REFERENCE TO UTTARAKHAND STATE

2021 ◽  
Vol 12 (4) ◽  
pp. 1387-1393
Author(s):  
Shalini Bahuguna, Et. al.
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The State ◽  
Human Values ◽  
Correctional Programs ◽  
Penal Reform ◽  
The Law ◽  
State Prisons

Human rights jurisprudence has greatly contributed to criminal reforms and has had an impact on India. Crime reforms across the globe also have an impact on India. The conceptualization with respect to penal reform originated in the reformist theory of punishment.[1] The time prison must have such meaning that enhances the values ​​of the reform in it. The reformer's appearance is about to add a sense of humanity in the system of criminal reformation and also to add the human values ​​into the system of prison and prison officials have to work to achieve it.[2] The level of protection guaranteed by the law for the reformatory therapy of prisoners must be carried out within a national legal framework and India does not have the same.  

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