scholarly journals Nieważność i wygaśnięcie konkordatu polskiego z 1993 r.

2020 ◽  
pp. 43-62
Author(s):  
Paweł Borecki
Keyword(s):  
Catholic Church ◽  
Vienna Convention ◽  
International Agreement ◽  
Holy See ◽  
The Public ◽  
Political Reality ◽  
Legal Situation ◽  
Polish Society ◽  
The Republic ◽  
The Government

From time to time, there is a proposal in the public debate in Poland to break the 1993 concordat, and this has also recently been the case. However, in the current systemic and political reality of contemporary Poland, the issue of the invalidity or expiry of the Polish concordat is one purely for theoretical (academic) discussion. It is worth analyzing this through the prism of the Vienna Convention on the Law of Treaties of 1969 and the Constitution of the Republic of Poland of 1997. The only hypothetical grounds for an annulment of the 1993 Concordat would be the allegation that it was concluded in violation of Art. 46 of the Vienna Convention, i.e. in breach of the rules of national law concerning the competence to conclude a treaty of fundamental importance. The Government of the Republic of Poland did not raise this objection within a reasonable time. There are also no circumstances that could constitute obvious reasons for considering the Polish concordat of 1993 as expired. One might try to defend the position that the concordat may be terminated unilaterally, despite the fact that it does not contain an appropriate clause in this regard. It can be compared to a friendship treaty. Such contracts are, by their very nature, subject to termination. It also seems that if need be, the Polish side might be able to terminate the concordat due to a fundamental change in circumstances, e.g. by referring to the rapidly progressing secularization process of Polish society. A very serious barrier to the termination of the concordat by the Polish side is the Constitution of the Republic of Poland of 1997. In Art. 25 sec. 4 it provides for the obligation to define the relations between the state and the Catholic Church, especially in the form of an international agreement with the Holy See. The hypothetical termination of the 1993 concordat would require prior appropriate amendment of Poland’s constitution and the consent of a number of state bodies. In the current legal situation in Poland, the termination of the treaty with the Vatican is very difficult in procedural terms, and is politically unrealistic.

scholarly journals Fostering public accountability in South Africa: A reflection on challenges and successes

2016 ◽  
Vol 12 (1) ◽  
Author(s):  
Pandelani H. Munzhedzi
Keyword(s):  
South Africa ◽  
Public Service ◽  
Service Provision ◽  
Public Services ◽  
Public Accountability ◽  
The Public ◽  
Current State ◽  
Public Service Provision ◽  
The Republic ◽  
The Government

Accountability and oversight are constitutional requirements in all the spheres of government in the Republic of South Africa and their foundation is in the Constitution of the Republic of South Africa of 1996. All spheres of government are charged with the constitutional mandate of providing public services. The level of responsibility and public services provision also goes with the level of capacity of a particular sphere. However, most of the direct and visible services that the public receives are at the local sphere of government. As such, enormous resources are channelled towards this sphere of government so that the said public services could be provided. It is imperative that the three spheres of government account for the huge expenditures during the public service provision processes. The parliaments of national and provincial governments exercise oversight and accountability over their executives and administrations through the Public Accounts Committees, while the local sphere of government relies on the Municipal Public Accounts Committees. This article is theoretical in nature, and it seeks to explore the current state of public accountability in South Africa and to evaluate possible measures so as to enhance public accountability. The article argues that the current public accountability mechanisms are not efficient and effective. It is recommended that these mechanisms ought to be enhanced by inter alia capacitating the legislative bodies at national, provincial and local spheres of the government.

scholarly journals Pozycja prawna wojewody w procesie przemian II Rzeczypospolitej

2021 ◽  
pp. 9-53
Author(s):  
Krystyna Wojtczak
Keyword(s):  
Local Government ◽  
Interwar Period ◽  
Legal Status ◽  
Local Administration ◽  
Head Of State ◽  
Legal Situation ◽  
State And Local Government ◽  
The Republic ◽  
State And Local ◽  
The Government

The article considers the legal status of the voivode during the interwar period, the time of the difficult restoration of the Polish identity and the creation of the Polish state in the post-Partition lands with three separate systems of territorial division and local administration. The legal situation of the office of the voivode is closely related to the establishment of the systemic foundations of the highest Polish authorities (legislative and executive) and local administration (initially, on the territory of the former Kingdom of Poland and then on the gradually annexed former Polish territories). The author refers to both spheres of legal activity of the Polish state at that time. She discusses the primary political acts, i.e. the March Constitution (1921), the April Constitution (1935) and the Constitutional Act (1926), as well as regulations concerning county administrative authorities of the first instance, situated in the then two-tier (ministries – county offices) administrative apparatus. Attention is primarily focused on the acts directly concerning the position of the voivode, i.e. the Act of 2 August 1919, the Regulation of the President of the Republic of 19 January 1928, and executive acts issued on the basis of these, and against whose background the importance of the legal institution of the voivode is presented: during the time of attempts to unify the administrative system (1918–1928), and in the period of changes leading to a uniform organisational structure of voivodship administrative authorities (1928–1939). The analysis makes it possible to state that successive legal conditions strengthened the political position of the voivode. In both periods covered by the analysis, the voivode was a representative of the government (with broader competences in 1928–1939), the executor of orders from individual ministers, the head of state and local government authorities and offices (1918–1928), the head of general administrative bodies subordinate to him, and the supervisory body over local government (1928–1939). The position of the voivode in the interwar period was unquestionably very strong.

Church, State and Secularism in Asia: The Public Nature of the Church in Timor-Leste

2013 ◽  
Vol 16 (2) ◽  
pp. 323-348
Author(s):  
Joel Hodge
Keyword(s):  
Catholic Church ◽  
Political Identity ◽  
Roman Catholic Church ◽  
Nation State ◽  
The Public ◽  
Christian Churches ◽  
Practical Examination ◽  
Timor Leste ◽  
The Government ◽  
The Church

Abstract The Western discourse and norms around secularism, particularly Church-state relations, are foreign in many ways to the majority world, especially Asia. However, as the modern nation-state has taken root in Asia, different models of secularism have developed with interesting relationships to the particular cultural and religious context of each country. In the difficult course of forming a secular nation-state, Asian nations have had to address the dominant religious traditions and institutions of each nation, including Christian churches. This process has occasionally provoked conflict and has presented a particular dilemma to Christian churches in how to respond and relate to the developing nation-state. In order for theology to adequately address this situation (particular the context of modern secular discourses) and conceptualise the public shape and role of the church, a practical examination of the church’s relationship to and formation of culture and politics is required. To explore this process, this essay examines the case of Timor-Leste (or East Timor) and its relationship with the Roman Catholic Church, particularly in regards to the state-building process that has occurred after independence. The Church’s influence, which grew rapidly during the Indonesian occupation (1975–1999), has been contested since independence by some in the political sphere, such as in the 2005 dispute with the Government. By examining the 2005 dispute, the essay analyses the nature of the Catholic Church’s influence on Timorese cultural and political identity and her relationship with the new Timorese nation-state. The essay identifies the different models of secularism operative in Timor as they have relevance to the Asian context more generally.

scholarly journals KEWENANGAN BADAN PENGAWAS OBAT DAN MAKANAN TERHADAP PERDA PROVINSI BALI NO 5 TAHUN 2012 TENTANG PENGENDALIAN PEREDARAN MINUMAN BERALKOHOL

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Putu Mahentoro
Keyword(s):  
Drug Administration ◽  
Food And Drug Administration ◽  
Alcoholic Beverage ◽  
Provincial Government ◽  
Alcoholic Beverages ◽  
Ministry Of Health ◽  
The Public ◽  
The Republic ◽  
The Government ◽  
Imported Foods

ABSTRACTThe research was conducted based on the same authority which is ownedby the two institutions, namely Food and Drug Administration of the Republic ofIndonesia and Bali Provicial Government in monitoring and controlling ofalcoholic beverages in Bali.The results of this study demonstrate the Food and Drug Administrationand the Provincial Government of Bali have the same authority to supervise andcontrol alcoholic beverages in Bali. Bali Local Government Regulation Number 5of 2012 on the Circulation of Alcoholic Beverage Control only requires each hasa label on alcoholic beverages issued by the Government of Bali has to bedistributed to the public, while the authority of the Food and Drug Administrationis regulated in the Regulation of Minister of Health of the Republic of IndonesiaNumber 382/MENKES/PER/VI/1989 on Registration of Food that requires allfood produced both by local producers and imported foods are required to beregistered to the Ministry of Health through the Food and Drug Administration.In the Regulation Number 5 Year 2012 did not include the authority of theFood and Drug Administration (the Empty Norms) so that the Food and DrugAdministration can not perform optimally the law enforcement againstmanufacturers, distributors and sellers of alcoholic beverages in violation. Tocope with the condition it should be a amendment in the Bali ProvincialRegulation Number 5 of 2012 by stating firmly and clearly the authority of theFood and Drug Administration related to the registration of food, which requiresthat for all foods and beverages that will be distributed to the public must beregistered to the Ministry of Health through the Food and Drug Administration.

Government Financing of National Elections in France

1980 ◽  
Vol 8 (5) ◽  
pp. 206-215
Author(s):  
M. Tahar Ahmedouamar
Keyword(s):  
Political Development ◽  
Political Campaigns ◽  
National Elections ◽  
Fifth Republic ◽  
The Public ◽  
Legal Situation ◽  
Judicial Sanctions ◽  
Tremendous Importance ◽  
The Government ◽  
Printed Materials

In France the public financing of national election campaigns as practiced throughout its history has not yet resolved several problems which are related to the legal and political development of French institutions and society. This current legal situation, which is still in a state of transition, has been based on a series of conceptions which do not reflect the reality of modern political campaigns. So far, the French legislation seems to ignore the tremendous importance of contemporary advertising as a means of favoring candidates who can afford it and provides that only a limited number of activities, printed materials, and a limited amount of media time be given for free by the government in order to make a person's abilities and platform known. The Government of the Fifth Republic, instead of increasing its support to financial campaigns, has generally acted in such a way as if some limitations on necessary expenses would put all the candidates on the same level. Another problem consists of the deliberate ignoring of the existence of the parties in the legal sense, with the exception of broadcast regulations which do mention the parties and political groups by name. The dichotomy between the legislation and reality is so great that very often when the rules are violated, no judicial sanctions are imposed.

scholarly journals An inconvenient truth: barriers to truth recovery in the aftermath of institutional child abuse in Ireland

Legal Studies ◽  
2013 ◽  
Vol 33 (2) ◽  
pp. 189-214 ◽  
Author(s):  
Anne-Marie McAlinden
Keyword(s):  
Child Abuse ◽  
Child Care ◽  
Transitional Justice ◽  
Catholic Church ◽  
Church And State ◽  
The Public ◽  
High Profile ◽  
An Inconvenient Truth ◽  
The Usa ◽  
The Republic

Contemporary settled democracies, including the USA, England and Wales and Ireland, have witnessed a string of high-profile cases of institutional child abuse in both Church and State settings. Set against the broader literature on transitional justice, this analysis argues that there are significant barriers to truth recovery within the particular context of historical institutional abuse by the clergy in the Republic of Ireland. In the main, it argues that the frameworks of the inquiries and commissions into historical institutional child abuse are not conducive to truth recovery or the search for justice in dealing with the legacy of an abusive past. It is the Church–State relationship which makes the Irish situation noteworthy and unique. The Catholic Church and child care institutions are especially self-protective, secretive and closed by nature, and strongly discourage the drawing of attention to any deficiencies in organisational procedures. The nature of the public inquiry process also means that there is often a rather linear focus on accountability and apportioning blame. Collectively, such difficulties inhibit fuller systemic investigation of the veracity of what actually happened and, in turn, meaningful modification of child care policies. The paper concludes by offering some thoughts on the implications for transitional justice discourses more broadly as well as the residual issues for Ireland and other settled democracies in terms of moving on from the legacy of institutional child abuse.

scholarly journals Arrest and Conviction of Cardinal József Mindszenty 1948–1949. Part 1. “He wants to be a martyr, but I would not do him this favour”

2020 ◽  
Vol 15 (1-2) ◽  
pp. 73-88
Author(s):  
Margit Balogh ◽  
Keyword(s):  
Catholic Church ◽  
Foreign Currency ◽  
Political Process ◽  
The State ◽  
Political Struggle ◽  
Holy See ◽  
Historical Archives ◽  
National Archives ◽  
The Republic ◽  
Totalitarian Regimes

As a result of the intense political struggle after the Second World War, the Catholic Church, led by Cardinal József Mindszenty, Archbishop of Esztergom, remained the only independent institution in Hungary. This study deals with the political process against Mindszenty and his show-trial. On 26 December 1948, Cardinal Mindszenty was taken into police custody, having been accused of treachery, espionage, foreign currency manipulation, and conspiring to overthrow the republic. All of these charges were stereotypical accusations made by totalitarian regimes. There were seven defendants in the Mindszenty case, comprising three groups: “legitimist conspirators”, “traitorous spies”, and the “foreign currency speculators”, who were the alleged fi nanciers of the conspiracy. The world was shocked to hear of the arrest of the Hungarian primate, Cardinal Mindszenty. The Holy See imposed the gravest discipline on Catholics. Mind- szenty was interrogated immediately after his arrest. He initially stood fi rm. The subse- quent interrogation records clearly refl ect, however, the methods of the State Protection Authority: a series of self-accusatory and factitious sentences are to be found in the manipulated texts. This article is based on documents held by the Hungarian National Archives, the Historical Archives of the State Security Services, the Esztergom Primate Archives, the Archives of Foreign Policy of the Russian Federation, the National Archi- ves and Records Administration (USA), and others.

scholarly journals Institutional Support of the Public-Private Partnership in the Republic of Poland

2019 ◽  
pp. 145-155
Author(s):  
Nykola Lakhyzha ◽  
Svitlana Yehorycheva
Keyword(s):  
Public Administration ◽  
Organizational Support ◽  
Institutional Support ◽  
Public Private Partnership ◽  
Law Firms ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
The Republic ◽  
The Government

The experience of the institutional support of public-private partnership in the Republic of Poland has been analyzed. It is noted that Poland was one of the first among the post-communist countries to implement a mechanism of public-private partnership. The peculiarities of the practice of realization of public-private partnership in Poland during the 1990s and its legal support were determined. The possibility of its development on the basis of general norms of civil, economic, administrative and other branches of law is emphasized. The process of development and adoption of separate laws on public-private partnership and their specific features are described. The essence of discussions about the need for creation of a special authorized body for regulation of public-private partnership, which was caused by the problems that arose from public and private partners during the conclusion and implementation of the relevant agreements, was disclosed. The modern components of organizational support for supporting the development of public-private partnership in Poland, their role and their inherent functions are revealed: the Department for Public-Private Partnerships of the Ministry of Investment and Development, similar departments in public administration bodies of different levels, the Public-Private Partnership Platform, Polish Entrepreneurship Development Agency, Institute of Public Private Partnership, private law firms, scientific and educational institutions. The necessity to improve the institutional support of public-private partnership, which is realized by the government of Poland as well, is stated. The content and significance of the latest program documents in this area that are intended to improve the process of administration the development of public-private partnership — the concept «The vision of sustainable development for Polish business 2050» and «Government policy in the field of development of public-private partnership» are characterized. The importance of using the experience of the Republic of Poland in the practice of public administration of the Ukrainian system of public-private partnership is emphasized.

scholarly journals Maladministration in the Public Service: Should Government Officials be Responsible for their Decisions?

2021 ◽  
Vol 1 (1) ◽  
pp. 71
Author(s):  
Maulida Zulia Irmajayanti ◽  
Totok Sudaryanto ◽  
Antikowati Antikowati
Keyword(s):  
Public Service ◽  
Public Services ◽  
Legal Certainty ◽  
Government Officials ◽  
The Public ◽  
State Obligations ◽  
Normative Basis ◽  
The Republic ◽  
The Government ◽  
The Welfare State

The concept of the welfare state upholds the existence of the legal system under the premise of legal certainty and the protection of basic human rights. Paragraph IV of the 1945 Constitution of the Republic of Indonesia emphasizes the existence of “state obligations” and “the government duty” to protect and serve all public interest. The normative basis of the Constitution was translated as the national principle to embody the public services. The Public Service Law Number 25 of 2009 is a formulation of legal certainty. However, the main problem that occurs in the public services is maladministration in bureaucracy. It is important to build interpretations of the authority attached to the bureaucratic system or on subjects who become government officials. By analyzing the Constitution, this article states that the government official dimensions must be considered as an interrelated issue, so that the articulate practice must be seen as inherent social conditions. Keywords: Responsibility, Government Officials, Maladministration.

scholarly journals Entre el hogar y la calle. La movilización política de mujeres católicas durante el Sexenio Democrático = Between home and the street. The political mobilisation of Catholic women during the Sexenio

2020 ◽  
pp. 419
Author(s):  
Raúl Mínguez Blasco
Keyword(s):  
Catholic Church ◽  
Public Debate ◽  
The Political ◽  
Modern History ◽  
The Public ◽  
Stable Position ◽  
Catholic Women ◽  
History Of ◽  
Las Mujeres ◽  
The Government

Resumen: El Sexenio Democrático (1868-1874) fue un periodo convulso de la historia contemporánea española en el que la posición estable que la Iglesia española había alcanzado tras el Concordato de 1851 quedó en entredicho. Como consecuencia del proceso de feminización religiosa iniciado en las décadas anteriores, el debate público sobre la religión tuvo un importante componente de género. A pesar de las críticas de revolucionarios y secularistas, algunas mujeres que se presentaron a sí mismas como esposas y madres católicas se opusieron públicamente a las medidas gubernamentales que fueron en contra de los intereses eclesiásticos. Este artículo pretende reflexionar en torno a la agencia o capacidad de acción de las mujeres católicas y analiza la manera en que el antiliberalismo concibió la relación entre la esfera pública y la privada.Palabras clave: Sexenio Democrático, género, religión, secularismo, antiliberalismo, agencia.Abstract: The Sexenio Democrático (1868-1874) was a troubled period of the modern history of Spain in which the stable position achieved by the Catholic Church after the Concordat of 1851 was widely questioned. Due to the feminisation of Catholicism during the previous decades, the public debate about religion had an important gendered component. Despite the criticisms of revolutionaries and secularists, some women who presented themselves as Catholic wives and mothers publicly opposed the Government measures against the Church’s interests. This paper reflects on the capacity of agency of Catholic women and analyses how anti-liberalism conceived the link between the public and the private realm.Keywords: Sexenio Democrático, gender, religion, secularism, anti-liberalism, agency.

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