The Legal Interpellation of Citizens – A Constitutional Analysis

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Kathrin Behrens

Abstract The aim of this article is to reconstruct the legal creation of citizen subjects by applying the interpellation theory of Louis Althusser in constitutional citizenship regulations. In addition, this article uncovers the patterns of constitutionally defined rights and duties as implications of intra-constitutional subject construction, especially in relation to a political, a civil and a social dimension. For this purpose, 41 constitutions are analysed quantitatively-descriptively based on an international comparative qualitative document analysis. The study shows that constitutions, as the most fundamental legal documents at the national level, define different formal-legal qualities of citizen subjects and thus determine very specific relations between the state and its citizens. The legal citizenship regulations in national constitutions thus contribute to the stabilization of social (b)order-drawing processes to the extent that they create and secure both barriers and opportunities for individual and collective participation in society, addressing these primarily through a political and less through a civil or social legal dimension.

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Domhnall Melly ◽  
James Hanrahan

Purpose This paper aims to review the state of national biosecurity planning. The authors recognised tourist vectoring can increase the risk of invasive alien species (IAS) and disease; representing substantial biosecurity risk for tourism destinations worldwide. This research assesses the provision of biosecurity mitigation measures within national biosecurity plans and guidelines internationally. The author’s position in this issue contends that a lack of sufficient biosecurity risk management and planning in place for tourism could have severe impacts on a destination’s environment, society, and economy. Design/methodology/approach The authors systematically reviewed national biosecurity planning through a mixed-method research approach. Frist, essential criteria identified from international literature allowed for content analysis to assess specific national biosecurity plans and strategies. Second, qualitative data was then gathered by conducting semi-structured interviews within national governing bodies and organisations. Findings Planning for tourism biosecurity varies around the world with some destinations demonstrating highly evolved plans such as Hawaii, New Zealand, and Australia. However, this is not the case in Ireland where planning for biosecurity at a national level is severely limited. Biosecurity planning, pathway management, communication, quarantine and plans for tourism risk are inadequate to prevent the introduction and spread of IAS and disease in Ireland. Recommendations offer destinations globally and with “island status” an opportunity for biosecurity to be improved by using surveillance, communication, guidelines and specific capacities at the border stages within a specific national biosecurity plan. Originality/value This review on the state of national planning for biosecurity provides new knowledge specifically for tourism destinations worldwide, which can adopt the essential elements identified within this research for a national tourism biosecurity risk framework.


2020 ◽  
Vol 26 (2) ◽  
pp. 145-149
Author(s):  
Aurelia Teodora Drăghici

SummaryTheme conflicts of interest is one of the major reasons for concern local government, regional and central administrative and criminal legal implications aiming to uphold the integrity and decisions objectively. Also, most obviously, conflicts of interest occur at the national level where political stakes are usually highest, one of the determining factors of this segment being the changing role of the state itself, which creates opportunities for individual gain through its transformations.


Author(s):  
Anatolii Petrovich Mykolaiets

It is noted that from the standpoint of sociology, “management — a function of organized systems of various nature — (technical, biological, social), which ensures the preservation of their structure, maintaining a certain state or transfer to another state, in accordance with the objective laws of the existence of this system, which implemented by a program or deliberately set aside”. Management is carried out through the influence of one subsystem-controlling, on the other-controlled, on the processes taking place in it with the help of information signals or administrative actions. It is proved that self-government allows all members of society or a separate association to fully express their will and interests, overcome alienation, effectively combat bureaucracy, and promote public self-realization of the individual. At the same time, wide direct participation in the management of insufficiently competent participants who are not responsible for their decisions, contradicts the social division of labor, reduces the effectiveness of management, complicates the rationalization of production. This can lead to the dominance of short-term interests over promising interests. Therefore, it is always important for society to find the optimal measure of a combination of self-management and professional management. It is determined that social representation acts, on the one hand, as the most important intermediary between the state and the population, the protection of social interests in a politically heterogeneous environment. On the other hand, it ensures the operation of a mechanism for correcting the political system, which makes it possible to correct previously adopted decisions in a legitimate way, without resorting to violence. It is proved that the system of social representation influences the most important political relations, promotes social integration, that is, the inclusion of various social groups and public associations in the political system. It is proposed to use the term “self-government” in relation to several levels of people’s association: the whole community — public self-government or self-government of the people, to individual regions or communities — local, to production management — production self-government. Traditionally, self-government is seen as an alternative to public administration. Ideology and practice of selfgovernment originate from the primitive, communal-tribal democracy. It is established that, in practice, centralization has become a “natural form of government”. In its pure form, centralization does not recognize the autonomy of places and even local life. It is characteristic of authoritarian regimes, but it is also widely used by democratic regimes, where they believe that political freedoms should be fixed only at the national level. It is determined that since the state has achieved certain sizes, it is impossible to abandon the admission of the existence of local authorities. Thus, deconcentration appears as one of the forms of centralization and as a cure for the excesses of the latter. Deconcentration assumes the presence of local bodies, which depend on the government functionally and in the order of subordination of their officials. The dependency of officials means that the leadership of local authorities is appointed by the central government and may be displaced.


2021 ◽  
pp. 56-62
Author(s):  
Valeriia Golub

Problem setting. One of the important factors that play a key role in the observance of human rights and freedoms, including such categories of foreign citizens and stateless persons as refugees in case of administrative prosecution - is the functioning of state institutions to guarantee these rights, the use of all. The decisive place in this problem belongs to the activities of the state of Ukraine, which in connection with the formation of social relations related to the stay of refugees on its territory, protection of this category of persons from political persecution , should ensure the adoption of relevant legal acts aimed primarily at the protection of rights and freedoms. administrative penalty. As a result, there are real risks of violating the rights and freedoms of the person to whom these penalties apply. Analysis of recent researches and publications. Problems of protection of rights and freedoms of refugees in case of bringing them to administrative responsibility were devoted to the work of such scientists as: V. Averyanov, O. Bandurka, O. Bezpalova, Yu. Bityak, O. Dzhafarova, A. Komzyuk, V. Komzyuk, D. Lukyanets, O. Muzychuk, D. Priymachenko, O.S. Pronevich ect. The purpose of the article is to investigate and analyze the importance of ensuring the rights of refugees in case of bringing them to administrative responsibility, to consider this issue as one of the guarantees of legal status of refugees in Ukraine. Article’s main body. The article considers the issue of observance of the rights and freedoms of this category of foreign citizens and stateless persons as refugees in case of committing offenses and bringing them to administrative responsibility. The issue of ensuring both international legal acts approved by the Verkhovna Rada of Ukraine and legal documents on behalf of the state of Ukraine gives grounds to believe that in case of involvement of this category of persons (if they are in Ukraine legally) to administrative responsibility, they have the same rights as citizens of Ukraine. Conclusions. The peculiarities of the relevant provisions of the administrative legislation of Ukraine on the peculiarities of bringing foreign citizens and stateless persons, including refugees to administrative responsibility, are analyzed. The significance of the ratio of observance of the rights and freedoms of refugees in case of bringing to administrative responsibility and necessity of non-alternative fulfillment of requirements of legal norms of the current administrative legislation of Ukraine is determined.


2013 ◽  
Vol 34 (4) ◽  
pp. 437-439 ◽  
Author(s):  
Adam Weston ◽  
Lauren Epstein ◽  
Lisa E. Davidson ◽  
Alfred DeMaria ◽  
Shira Doron

Antimicrobial stewardship programs (ASPs) are critically important for combating the emergence of antimicrobial resistance. Despite this, there are no regulatory requirements at a national level, which makes initiatives at the state level critical. The objectives of this study were to identify existing antimicrobial stewardship practices, characterize barriers to antimicrobial stewardship implementation in acute care hospitals throughout Massachusetts, and evaluate the impact on these hospitals of a state-sponsored educational conference on antimicrobial stewardship.In September 2011, a state-sponsored educational program entitled “Building Stewardship: A Team Approach Enhancing Antibiotic Stewardship in Acute Care Hospitals” was offered to interested practitioners from throughout the state. The program consisted of 2 audio conferences, reading materials, and a 1-day conference consisting of lectures focusing on the importance of ASPs, strategies for implementation, improvement strategies for existing programs, and panel discussions highlighting successful practices. Smaller breakout sessions focused on operational issues, including understanding of pharmacodynamics, business models, and electronic surveillance.


2020 ◽  
Vol 338 ◽  
pp. 383-392
Author(s):  
Silvia Ručinská ◽  
Miroslav Fečko

Cities are using smart city and eGovernment solutions as modern trends also to enhance the management of the city and to get the citizens and entrepreneurs more engaged. Cities in the Slovak Republic are thus introducing ICT based services in order to cope with legal state obligations and also as a natural decision based on specific needs of the municipality. eGovernment developed and introduced on the national level by the state, combined with eServices at the municipality level, mutually lead to a modern, smart and better functioning city. The article is focused on current Slovak Republic’s experiences in the field of eGovernment, more concretely on the provision of eServices in small municipalities, which make up the majority of the entire municipalities in the Slovak Republic.


2021 ◽  
Vol 9 (3) ◽  
pp. 29-35
Author(s):  
K Kesavalu ◽  
R Asokan ◽  
A Abdul Raheem

Horticulture is now acknowledged as being a vital driver for economic development, poverty reduction and enhanced nutrition for populations in developing countries. Tamil Nadu is one of the foremost horticulture States in India, contributing 7.7 percent to the national horticultural production with 5.7 percent of the national level area. The horticultural crops contain the remarkable potential for export earnings within the State. Cardamom and pepper are important species of Tamil Nadu; Plantation crops of Tamil Nadu are coffee and tea, and that they are traditionally exporting products. Flowers have small areas in Tamil Nadu, but the price of production per hectare is substantial. Palmarosa and indigo are cultivated in negligibly small rooms, mostly for export. Therefore, this paper examines the progress, problems and constraints of the horticulture scenario in Tamilnadu.


Forests ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 1075
Author(s):  
Jovanka Špirić ◽  
M. Isabel Ramírez

This paper investigates how the horizontal and vertical policy integration for REDD+ has been conceptualized and unfolded in Mexico during the REDD+ readiness and early implementation phase (2008–2019). We used the document analysis and interviews with key actors to identify changes that REDD+ induced in forestry and agriculture sectors’ policy making and programs at the national level and in two REDD+ states, Campeche and Jalisco. The policy integration for REDD+ in Mexico is conceptualized as compatibility-within-a-framework, i.e., promotes coordination and compromises among the objectives of land-use policies endorsing sustainable rural development. The state environmental agencies play an active role in involving the agricultural authorities in formal and informal interactions. This resulted in the design (Campeche) and even implementation (Jalisco) of REDD+-aligned programs and instruments. The progress at the subnational level is hampered by the national agriculture and forestry agencies’ policy inertia and lack of resources. To support the subnational REDD+ policy integration advancement, more resources and powers should be made available to the state environmental authorities which would help them directly reach more international funding and include other important REDD+ actors and establish mutually accountable relationships with them.


2010 ◽  
Vol 18 ◽  
pp. 15 ◽  
Author(s):  
Tamara Viola Young ◽  
Thomas V. Shepley ◽  
Mengli Song

Drawing on interview data from reading policy actors in California, Michigan, and Texas, this study applied Kingdon's (1984, 1995) multiple streams model to explain how the issue of reading became prominent on the agenda of state governments during the latter half of the 1990s. A combination of factors influenced the status of a state's reading policy agenda, including feedback from parents, teachers, and business groups; student achievement data; political pressure from the state administration; regional and national interest; a pervasive belief that reading is a building block for student success; and a widespread perception that the decline in reading achievement was symbolic of the failure of public schools. In addition, governors promoted reading to high agenda prominence by influencing which issues were placed on the decision agenda (agenda setting) and which alternatives were given serious attention (alternative specification). Finally, the findings suggest that the applicability of Kingdon's national-level model to the state level may depend on both the issue being examined and the participation of the state executive branch.


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