scholarly journals Od demokracji bezpośredniej do rządów zgromadzenia? Rousseau i problemy republikańskiego konstytucjonalizmu

2018 ◽  
Vol 69 (1) ◽  
pp. 193-210
Author(s):  
Rafał Lis

The following article considers the problems connected with the relationship between the principles of the direct democracy and the gouvernement d’assemblée. The values contemporarily ascribed to these principles are often counted among different, sometimes even opposing, traditions of republican constitutionalism. However, the proposed analysis of Rousseau’s thought suggests that the general intellectual tendencies that are attributedto both systems might originally have had a lot in common. Furthermore, they embody the two different republican ways of implementing the very ideas of popular sovereignty and the accountability of the public authorities to the citizens. The undertaken juxtaposition of the contents of the Social Contract and of the Considerations on the Government of Poland may even point to an evolution of Rousseau’s stance. It can be discerned especiallyin the approval in the second work, which pertained to one of the largest European states of that time, as it conveys the need to shift the responsibility for law-making to the assembly of deputies (the Sejm). The proposition of transferring this responsibility to a quasi-representative body corresponds perfectly with the warnings against the abuses of an unchecked executive, which are equally stringent in the Social Contract. This actuallydenoted that Rousseau was ready to accept some sort of gouvernement d’assemblée in large states. In the end however, it did not mark a departure from the ideals of the direct government, especially after taking into consideration Rousseau’s extraordinary appreciation of the institutions of deputy directives and – treated already as an emergency measure – confederation.

2017 ◽  
Vol 18 (1) ◽  
pp. 22-29
Author(s):  
Tassia Tabille Steglich

O orçamento público é um dos instrumentos utilizados pela Administração Pública para garantir o atendimento das demandas sociais. Entretanto, para que estas demandas sejam conhecidas do Poder Público, torna-se necessária a participação da sociedade nos eventos públicos destinados à discussão para elaboração dos instrumentos orçamentários. Este artigo realiza um apanhado teórico sobre conceitos pertinentes ao tema, realizando inclusive o estudo da participação social na elaboração do PPA 2014-2017 do Município de Ijuí, Rio Grande do Sul. Para enriquecer a abordagem da pesquisa, foram aplicados questionários online, buscando identificar a relação entre os cidadãos ijuienses e Administração Pública municipal. Foi possível perceber a falta de interesse dos indivíduos em relação à participação em eventos destinados a discussões públicas sobre o processo de elaboração do orçamento municipal e, neste sentido, ao final deste estudo são realizadas proposições, que poderão auxiliar na construção de uma consciência coletiva acerca da relevância da participação social na construção dos instrumentos de planejamento e orçamento.Palavras-chave: Gestão Municipal. Orçamento Público. Participação Social.AbstractPublic budget is one of the instruments used by public authorities to ensure the fulfillment of social demands. However, so that such these demands are known to the government, it is necessary the society’s participation in public events in order to dialogue about thebudget instruments preparation. This article makes a theoretical overview of relevant concepts to the topic, besides carrying out the study of social participation in the PPA 2014-2017 preparation in the City of Ijuí, Rio Grande do Sul. To enrich the research approach, online questionnaires were performed in order to identify the relationship between Ijui city’s dweller citizens and public administration. It was possible to notice the lack of individuals interest regarding the= participation in events aimed at public discussions on the preparation of the municipal budget process and therefore, the end of this study makes proposals that can assist in building a collective awareness on the social participation relevance in the construction of planning and budget tools.Keywords: Municipal Management. Public Budget. Social Participation.


2021 ◽  
Vol 16 (1) ◽  
pp. 144-157
Author(s):  
Yuriy Andreyev

After proving to be highly effective in technical fields, digital transformation is now making its way into the social field as well. The digital transformation of routine procedures is developing most successfully; the sheer scale of operations makes the results of digital transformation very obvious, which inspires hopes for similar success in applying the same methods to the activities of public authorities. This review covers the concept of the digital transformation of the government, as suggested by the Higher School of Economics. The creators of the concept believe that digital transformation will not only help meet the goals of bureaucratic reform but also improve the quality of governance. They cite the experience of businesses that have extensively integrated digital transformation into their operations as proof of this claim. This review, however, highlights the dangers of applying digital transformation methods to public governance at a superficial level, without analysing the issue's legal background or predicting possible consequences beforehand. We demonstrate that similar attempts at optimising the management of the national economy without changing the underlying economic mechanism, as undertaken in the Soviet period, were ultimately unsuccessful. Each area of economic activity has its own theoretical guidelines and its own unique experience, as reflected in the legal regulations. We do not believe it possible to solve issues in one area of knowledge and activity by using methods that were meant for other areas. Therefore, the HSE's concept, which relies on experience in big data processing, raises some serious questions, some of which are voiced in the review.


Author(s):  
Tuomas Martikainen

Issues related to migration, security and integration are currently among the top priorities of European states. Lately, ‘religion’ has emerged as something separate from ‘culture’, ‘ethnicity’, ‘nationality’ and ‘race’ in the debate over integration and security. Collective religious activity is among the most common forms of the social organisation of immigrants. Immigrant communities have been analysed from a multiplicity of perspectives, but one area that has until recently received little attention is the relationship between on the one hand the local and national authorities, on the other religious organisations of immigrant origin. Religion, most notably Islam, has been identified as a social problem among the public authorities in Europe. The article provides a critical viewpoint on the formation of immigrant voluntary associations as authorities’ tools of governance. While voluntary associations can be seen as tools for integration and empowerment, they may become embedded in power structures that are not at first glance self-evident. The article argues that the local and national authorities in Finland support and encourage Muslim immigrants to organise themselves into voluntary religious associations, enabling the authorities to better govern issues that have been defined as social problems. The work applies the theory of governmentality as developed by Mitchell Dean, to Muslim organisations in Finland.Keywords: Governance, governmentalisation, Islam, immigration, Muslims, security


Liquidity ◽  
2017 ◽  
Vol 6 (2) ◽  
pp. 110-118
Author(s):  
Iwan Subandi ◽  
Fathurrahman Djamil

Health is the basic right for everybody, therefore every citizen is entitled to get the health care. In enforcing the regulation for Jaringan Kesehatan Nasional (National Health Supports), it is heavily influenced by the foreign interests. Economically, this program does not reduce the people’s burdens, on the contrary, it will increase them. This means the health supports in which should place the government as the guarantor of the public health, but the people themselves that should pay for the health care. In the realization of the health support the are elements against the Syariah principles. Indonesian Muslim Religious Leaders (MUI) only say that the BPJS Kesehatan (Sosial Support Institution for Health) does not conform with the syariah. The society is asked to register and continue the participation in the program of Social Supports Institution for Health. The best solution is to enforce the mechanism which is in accordance with the syariah principles. The establishment of BPJS based on syariah has to be carried out in cooperation from the elements of Social Supports Institution (BPJS), Indonesian Muslim Religious (MUI), Financial Institution Authorities, National Social Supports Council, Ministry of Health, and Ministry of Finance. Accordingly, the Social Supports Institution for Helath (BPJS Kesehatan) based on syariah principles could be obtained and could became the solution of the polemics in the society.


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.


2007 ◽  
Vol 30 (4) ◽  
pp. 41
Author(s):  
L. Lee

Dr. C.K. Clarke (1857-1924) was one of Canada’s most prominent psychiatrists. He sought to improve the conditions of asylums, helped to legitimize psychiatry and established formal training for nurses. At the beginning of the 20th Century, Canada experienced a surge of immigration. Yet – as many historians have shown – a widespread anti-foreigner sentiment within the public remained. Along with many other members of the fledgling eugenics movement, Clarke believed that the proportion of “mental defectives” was higher in the immigrant population than in the Canadian population and campaigned to restrict immigration. He appealed to the government to track immigrants and deport them once they showed signs of mental illness. Clarke’s efforts lead to amendments to the Immigration Act in 1919, which authorized deportation of people who were not Canadian-born, regardless of how many years that had been in Canada. This change applied not only to the mentally ill but also to those who could no longer work due to injury and to those who did not follow social norms. Clarke is a fascinating example of how we judge historical figures. He lived in a time where what we now think of as xenophobia was a socially acceptable, even worthy attitude. As a leader in eugenics, therefore, he was a progressive. Other biographers have recognized Clarke’s racist opinions, some of whom justify them as keeping with the social values of his era. In further exploring Clarke’s interest in these issues, this paper relies on his personal scrapbooks held in the CAMH archives. These documents contain personal papers, poems and stories that proclaim his anti-Semitic and anti-foreigner views. Whether we allow his involvement in the eugenics movement to overshadow his accomplishments or ignore his racist leanings to celebrate his memory is the subject of ongoing debate. Dowbiggin IR. Keeping America Sane: Psychiatry and Eugenics in the United States and Canada 1880-1940. Ithaca and London: Cornell University Press, 1997. McLaren A. Our Own Master Race: Eugenics in Canada 1885-1945. Toronto: McClelland and Stewart, 1990. Roberts B. Whence They Came: Deportation from Canada 1900-1935. Ottawa: University of Ottawa Press, 1988.


2020 ◽  
Vol 11 (SPL1) ◽  
pp. 462-468
Author(s):  
Latika kothari ◽  
Sanskruti Wadatkar ◽  
Roshni Taori ◽  
Pavan Bajaj ◽  
Diksha Agrawal

Coronavirus disease 2019 (COVID-19) is a communicable infection caused by the novel coronavirus resulting in severe acute respiratory syndrome coronavirus 2 (SARS-CoV). It was recognized to be a health crisis for the general population of international concern on 30th January 2020 and conceded as a pandemic on 11th March 2020. India is taking various measures to fight this invisible enemy by adopting different strategies and policies. To stop the COVID-19 from spreading, the Home Affairs Ministry and the health ministry, of India, has issued the nCoV 19 guidelines on travel. Screening for COVID-19 by asking questions about any symptoms, recent travel history, and exposure. India has been trying to get testing kits available. The government of India has enforced various laws like the social distancing, Janata curfew, strict lockdowns, screening door to door to control the spread of novel coronavirus. In this pandemic, innovative medical treatments are being explored, and a proper vaccine is being hunted to deal with the situation. Infection control measures are necessary to prevent the virus from further spreading and to help control the current situation. Thus, this review illustrates and explains the criteria provided by the government of India to the awareness of the public to prevent the spread of COVID-19.


Author(s):  
_______ Naveen ◽  
_____ Priti

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.


2021 ◽  
Vol 27 (1) ◽  
Author(s):  
Alex McKeown ◽  
Miranda Mourby ◽  
Paul Harrison ◽  
Sophie Walker ◽  
Mark Sheehan ◽  
...  

AbstractData platforms represent a new paradigm for carrying out health research. In the platform model, datasets are pooled for remote access and analysis, so novel insights for developing better stratified and/or personalised medicine approaches can be derived from their integration. If the integration of diverse datasets enables development of more accurate risk indicators, prognostic factors, or better treatments and interventions, this obviates the need for the sharing and reuse of data; and a platform-based approach is an appropriate model for facilitating this. Platform-based approaches thus require new thinking about consent. Here we defend an approach to meeting this challenge within the data platform model, grounded in: the notion of ‘reasonable expectations’ for the reuse of data; Waldron’s account of ‘integrity’ as a heuristic for managing disagreement about the ethical permissibility of the approach; and the element of the social contract that emphasises the importance of public engagement in embedding new norms of research consistent with changing technological realities. While a social contract approach may sound appealing, however, it is incoherent in the context at hand. We defend a way forward guided by that part of the social contract which requires public approval for the proposal and argue that we have moral reasons to endorse a wider presumption of data reuse. However, we show that the relationship in question is not recognisably contractual and that the social contract approach is therefore misleading in this context. We conclude stating four requirements on which the legitimacy of our proposal rests.


2017 ◽  
Vol 16 (2) ◽  
pp. 41-54 ◽  
Author(s):  
Peter Joyce

Purpose The purpose of this paper is to analyse the 2016 elections for Police and Crime Commissioners (PCCs) and to compare them with those that took place in 2012. It seeks to evaluate the background of the candidates who stood for office in 2016, the policies that they put forward, the results of the contests and the implications of the 2016 experience for future PCC elections. Design/methodology/approach This paper is based around several key themes – the profile of candidates who stood for election, preparations conducted prior to the contests taking place, the election campaign and issues raised during the contests, the results and the profile of elected candidates. The paper is based upon documentary research, making particular use of primary source material. Findings The research establishes that affiliation to a political party became the main route for successful candidates in 2016 and that local issues related to low-level criminality will dominate the future policing agenda. It establishes that although turnout was higher than in 2012, it remains low and that further consideration needs to be devoted to initiatives to address this for future PCC election contests. Research limitations/implications The research focusses on the 2016 elections and identifies a number of key issues that emerged during the campaign affecting the conduct of the contests which have a bearing on future PCC elections. It treats these elections as a bespoke topic and does not seek to place them within the broader context of the development of the office of PCC. Practical implications The research suggests that in order to boost voter participation in future PCC election contests, PCCs need to consider further means to advertise the importance of the role they perform and that the government should play a larger financial role in funding publicity for these elections and consider changing the method of election. Social implications The rationale for introducing PCCs was to empower the public in each police force area. However, issues that include the enhanced importance of political affiliation as a criteria for election in 2016 and the social unrepresentative nature of those who stood for election and those who secured election to this office in these contests coupled with shortcomings related to public awareness of both the role of PCCs and the timing of election contests threaten to undermine this objective. Originality/value The extensive use of primary source material ensures that the subject matter is original and its interpretation is informed by an academic perspective.


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