Chapter Twelve. The Proper Scope of State Power: Construing the “Police Power”

2014 ◽  
pp. 322-337
Keyword(s):  
State Power ◽  
Police Power

Toward a genealogy of the police idea in imperial Japan: a synthesis

2021 ◽  
pp. 1-18
Author(s):  
Max Ward
Keyword(s):  
State Power ◽  
Social Conditions ◽  
Japanese History ◽  
Police Power ◽  
Meiji Period ◽  
State And Society ◽  
Imperial Japan ◽  
National Police

Abstract This paper explores how Japanese officials and others conceptualized police power at particular junctures in imperial Japanese history (1868–1945). It does so by synthesizing prior scholarship on the Japanese police into a broader genealogy of the police idea in prewar Japan, beginning with the first translations and explanations of police in the Meiji period, the changing perceptions of the police in the 1910s, and the evolution from the “national police” idea in the 1920s to the “emperor's police” in the late 1930s. The essay proposes that the police idea in Japan (and elsewhere) can be read as a boundary concept in which the changing conceptions of police power demarcate the shifting relationship between state and society. Indeed, it is the elusiveness of this boundary that allows for police power – and by extension, state power – to function within society and transform in response to social conditions. Approached in this way, the essay argues that the different permutations of the police idea index the evolving modality of state power in prewar Japan, and thus allows us to reconsider some of the defining questions of imperial Japanese history.

The Proper Scope of State Power: Construing the “Police Power”

2013 ◽  
Author(s):  
Randy E. Barnett
Keyword(s):  
State Power ◽  
Constitutional Theory ◽  
Individual Rights ◽  
Police Power ◽  
State Laws ◽  
Police Powers ◽  
The Core ◽  
The People

This chapter examines the propriety of state laws under what is known as the “police powers” of the states. Unlike the enumerated powers of Congress, the powers of states are unwritten. This makes determining their proper limits one of the most challenging and vexatious issues in constitutional theory. The chapter first considers the need to construe the propriety of state laws before discussing the police power of the states. It shows that these “police powers” are not inconsistent with the rights retained by the people. To the contrary, the protection of individual rights is at the core of a state's police power. A state may also justify its laws by showing that it is merely regulating liberty in a way that protects the rights of others. The chapter also cites the Supreme Court's decision in Lawrence v. Texas, which found the states' exercise of police power to be improper.

scholarly journals POLICE POWER OF THE BRAZILIAN ARMY

2021 ◽  
Vol 9 (5) ◽  
pp. 140-168
Author(s):  
ARLEN JOSE Silva de Souza ◽  
SERGIO WILLIAM DOMINGUES TEIXEIRA ◽  
ROSALINA ALVES NANTES ◽  
Maria Grima da Silva Soares
Keyword(s):  
Legal System ◽  
State Power ◽  
Armed Forces ◽  
Law And Order ◽  
Police Power ◽  
Border Area ◽  
Legal Provisions ◽  
Territorial Sovereignty ◽  
General Rules ◽  
Legal Frameworks

This work deals with the legal frameworks that manage the exercise of the police power granted to the Armed Forces, addressing the attributions and situations in which they can be employed. The legal provisions are found in the legal system in force, among the precursors the complementary laws of n. 97/1999, n. 117/2004 and n. 136/2010, which brought significant changes in the general rules for the organization, preparation and employment of the Armed Forces. The basis of this work is the study of the use of the Brazilian Army in law and order guarantee operations, as well as ensuring Brazilian territorial sovereignty. The activities called patrolling and policing operations in the border area of the Brazilian territory are exposed throughout the work. Such activities are subsidiary duties conferred by the Armed Forces. At first, a brief exposition will be made of the legal and doctrinal foundations that deal with the power of police, distinguishing it in what is the "administrative police power" and "the power of security police", although coming from state power, both have different purposes.

Haiti and the False Promise of State Power

1969 ◽  
Vol 2 ◽  
pp. 67
Author(s):  
Daniel Troup
Keyword(s):  
State Power

essay

The Anarchist Press in Egypt before World War I

2018 ◽  
Author(s):  
Anthony Gorman
Keyword(s):  
Social Justice ◽  
Public Education ◽  
World War I ◽  
State Power ◽  
Local Context ◽  
Colonial Rule ◽  
World War

This chapter traces the development of the radical secular press in Egypt from its first brief emergence in the 1870s until the outbreak of World War I. First active in the 1860s, the anarchist movement gradually expanded its membership and influence over subsequent decades to articulate a general social emancipation and syndicalism for all workers in the country. In the decade and a half before 1914, its press collectively propagated a critique of state power and capitalism, called for social justice and the organisation of labour, and promoted the values of science and public education in both a local context and as part of an international movement. In seeking to promote a programme at odds with both nationalism and colonial rule, it incurred the hostility of the authorities in addition to facing the practical problems of managing and financing an oppositional newspaper.

Reforms and transformation paths in comparative perspective: challenging comparative views on East European and Chinese reforms

2005 ◽  
Vol 55 (2) ◽  
pp. 171-199 ◽  
Author(s):  
Mária Csanádi
Keyword(s):  
Power Distribution ◽  
State Power ◽  
State Model ◽  
Comparative Perspective ◽  
Dynamic Background ◽  
East European ◽  
Structural Context ◽  
Political Conditions ◽  
Party State ◽  
Chinese Reforms

Reforms, in view of a comparative party-state model, become the instruments of self-reproduction and self-destruction of party-state power. The specific patterns of power distribution imply different development and transformation paths through different instruments of self-reproduction. This approach also points to the structural and dynamic background of the differences in the location, sequence, speed and political conditions of reforms during the operation and transformation of party-states. In view of the model the paper points to the inconsistencies that emerge in the comparative reform literature concerning the evaluation and strategies of reforms disconnected from their systemic-structural context.

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