scholarly journals The Two-State Model and Israeli Constitutionalism

2015 ◽  
Vol 44 (4) ◽  
pp. 7-20
Author(s):  
Mazen Masri
Keyword(s):  
Vantage Point ◽  
The State ◽  
State Model ◽  
Jewish State ◽  
The People ◽  
Potential Impact ◽  
Constitutional System ◽  
Definition Of ◽  
Constitutional Regime ◽  
Two State Model

Partitioning historic Palestine into two states is often presented as the most plausible solution to the Israeli-Palestinian conflict. This article examines the potential impact of such a development on the Palestinian citizens of Israel (PCI), primarily from the vantage point of Israel's constitutional regime. The article explores three fundamental aspects of the Israeli constitutional system—its instability, the “Jewish and democratic” definition of the state, and the exclusion of the PCI from “the people” as the unit that holds sovereignty—and argues that the envisaged two-state solution will only reinforce the definition of Israel as a Jewish state and consequently provide further justification for the infringement on the rights of its Palestinian citizens.

scholarly journals CATUR PURUSA ARTHA LENSA DEKONSTRUKSI DEFINISI PAJAK YANG BERKEADILAN

Equity ◽  
2019 ◽  
Vol 20 (2) ◽  
pp. 1
Author(s):  
I Nyoman Darmayasa ◽  
Yuyung Rizka Aneswari
Keyword(s):  
Tax Compliance ◽  
The State ◽  
The People ◽  
Definition Of ◽  
Stimulation Of

Catur Purusa Artha Lens of Deconstruction Equitable Tax Definition. The study aims to deconstruct the definition of tax with Catur Purusa Artha (CPA) lens. Research using postmodern paradigm focused on modernity disagreement of tax definition based on act. Tax definition for the result of deconstruction namely Dharma in the form of funds contribution that conducted sincerely from individual’s or entity’s Artha to the state which will be distributed based on Kama for the purposes of the state for the welfare of the people. The essence of the deconstruction definition provide a sense of equitable and stimulation of tax compliance.

Legislative Department

2020 ◽  
pp. 73-104
Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer
Keyword(s):  
Supreme Court ◽  
House Of Representatives ◽  
The State ◽  
Legislative Authority ◽  
The People ◽  
Definition Of ◽  
The Right ◽  
Supreme Court Rulings ◽  
The U.S

This chapter assesses Article V of the Oklahoma constitution, which concerns the legislative department. Section 1 states that “the Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives.” However, “the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act of the Legislature.” Section 2 provides for the designation and definition of reserved powers. Initiative means the power of the people to propose bills, and to enact or reject them at the polls. Referendum is the right of the people to have bills passed by the legislature submitted to the voters for their approval. Meanwhile, in May 1964, the Oklahoma constitution was amended to conform to the U.S. Supreme Court rulings. The amendment passed and Sections 9 through 16 were replaced with Sections 9A through 11E. The chapter then details the provisions for the Senate and the House of Representatives.

The Theory of the State as a Sovereign Juristic Person

1948 ◽  
Vol 42 (1) ◽  
pp. 16-31 ◽  
Author(s):  
Kenneth C. Cole
Keyword(s):  
Political History ◽  
Public Law ◽  
The State ◽  
Popular Sovereignty ◽  
General Conception ◽  
The People ◽  
Democratic System ◽  
Definition Of ◽  
Constitutional Morality

The casual student of Western political history encounters sovereignty in a number of guises. In the stage of absolute monarchy, it was a personal endowment of princes; in the stage of democracy, it seems to be a collective endowment of the “nation” or the “people.” In the latter period, moreover, a definition of law as the command of a sovereign becomes increasingly popular.These various contexts for sovereignty will already have suggested the protean possibilities of the general conception, but the student will have had little difficulty in sensing its generally anti-constitutional influence. Even popular sovereignty, which sounds the least dangerous, has had to be offset by opposing institutions in accounting for the relatively high constitutional morality of the democratic system.While, therefore, it is not surprising to find sovereignty again (and in a still different guise) when we examine the leading conceptions of American public law, one well may marvel to find it accorded a key position among them. For, strange to say, the sovereignty of the state is widely accepted as the cornerstone of a legal edifice which the lawyers themselves appear to have laid.

Ha’am, Ahad (1856–1927)

2018 ◽  
Author(s):  
Zeev Levy
Keyword(s):  
The State ◽  
Jewish State ◽  
Main Road ◽  
Tel Aviv ◽  
The People ◽  
Hebrew Culture ◽  
State Of Israel ◽  
Culture Tradition ◽  
Course Of Study

Ahad Ha’am (Asher Hirsch Ginzberg) was one of the most remarkable Jewish thinkers and Zionist ideologists of his time. Born in the province of Kiev in the Ukraine, he moved in 1884 to Odessa, an important centre of Hebrew literary activity. In 1907 he moved on to London, and in 1922 settled in the young city of Tel Aviv. He attended the universities of Vienna, Berlin and Breslau but did not pursue any regular course of study and was primarily an autodidact. Never a systematic philosopher, Ginzberg, who wrote in Hebrew and adopted the pen name Ahad Ha’am, ‘one of the people’, became a first-rate and widely read essayist and polemicist. He engaged in controversies over the practical problems of the early Jewish settlements in Palestine, his opposition to Theodore Herzl’s drive to create a Jewish state, and numerous problems of Hebrew culture, tradition and literature. No single principle or theme stands out as the guiding idea of his thought. Indeed, his ideas are sometimes inconsistent. But his writings preserve the flavour of his values and commitments. Although his outlook never became the main road of Zionist ideology, its impact on Zionist thought was powerful, especially after the establishment of the State of Israel.

constitutional inflation

2021 ◽  
Author(s):  
Abdulhamid Alawaq
Keyword(s):  
Judicial Review ◽  
Research Paper ◽  
The State ◽  
Constitutional Rule ◽  
The People ◽  
Islamic Jurisprudence ◽  
The Status ◽  
Public Rights ◽  
Definition Of

One of the methods that the authority uses to empty the constitutional text of its content and prevent it from achieving its goal is its resort to the two phenomena of “constitutional inflation” in sites that the nation does not need, and “constitutional failure” in sites that are expected from the text to protect public rights and freedoms or prevent an authority from overpowering the rest of the authorities. This is how the authority did in the Syrian constitution of 2012. It resorted to both phenomena together to achieve its goal of using the constitution as a tool and not as a control of the authority’s work. If legislative inflation is clear to legal jurisprudence, constitutional inflation is shrouded in ambiguity, so it resorted to a procedural definition of the research paper and considered every constitutional rule that does not bear the status of binding as a type of inflation. then I applied this definition to the general principles contained in the Syrian constitution in 32 articles, unlike democratic constitutions, which are shortened to articles regulating the general principles of the state. It became clear to me that only five articles are binding and the rest are non-binding guiding articles that are not suitable for reliance on judicial review. I have studied the rule (Islamic jurisprudence is a major source of legislation) in Syria and Egypt, and it has become clear to me that the authority intends to put it into place as a kind of distraction from paying attention to the rest of the constitution’s rules regulating public liberties and powers, even though the constitutional doctrine considers them to be non-binding. The struggle between the components of the people is still going on when drafting any constitution on general principles, most of which do not carry legal value.

scholarly journals The Concept Of Solidarity As A Factor In The Realization Of Human And Civil Rights And Freedoms In Ukraine

2021 ◽  
pp. 109-119
Author(s):  
O.S. Shevchenko
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Common Good ◽  
Social Insurance ◽  
The State ◽  
Fundamental Rights ◽  
Basic Law ◽  
The People ◽  
Definition Of ◽  
The Individual

The article is devoted to the study of the role and significance of guarantees of individual rights and freedoms in Ukraine. The author defines that they are important factors in the economic, political, legal, cultural and other spheres of society that create conditions for the real possibility of exercising the rights and freedoms of the individual. The concept of solidarity excludes the idea of class struggle, the revolutionary path of development of society. According to this concept, the focus is on the social nature of the state: socio-economic, cultural, environmental rights of citizens are ensured with the participation of the state, which pursues an active socio-economic policy aimed at redistribution of funds for the most vulnerable, employment, social insurance, development affordable education, health care, etc. Guarantees for the realization of human and civil rights, freedoms and responsibilities can be described as a system of conditions and means that together ensure the exercise of constitutional human and civil rights, freedoms and responsibilities. The effectiveness of this system depends on various factors, but the main among them is the presence of certain elements in the system of government. These include: a) the existence of the Basic Law, the effect of which cannot be terminated arbitrarily; b) the definition of state power derived from the power of the people and the Constitution; c) consolidation at the constitutional level of fundamental rights, freedoms and responsibilities of man and citizen and the means and conditions of their exercise; d) the existence of an independent judiciary; e) the opportunity to protect their rights with the Commissioner for Human Rights of the Verkhovna Rada of Ukraine and in international human rights organizations. It is also proposed to solve certain issues of realization of human rights and freedoms in Ukraine through the implementation of the concept of solidarity - the principle of building a social system in which its members (citizens, families, ethnic groups, religious denominations, social groups, political parties, business corporations, etc.) have a real legal and socio-political subjectivity , on the basis of which their rights, opportunities and interests can be consolidated and solidified in order to achieve consensus goals (common good) in social frameworks of different scales (local, national, global).

scholarly journals DAMPAK PUNGUTAN PAJAK DILIHAT DARI SEGI HUKUM, EKONOMI DAN SOSIOLOGI

Yustitia ◽  
2018 ◽  
Vol 4 (1) ◽  
pp. 49-54
Author(s):  
Hamja Hamja
Keyword(s):  
The State ◽  
Government Revenue ◽  
Tax Collection ◽  
The People ◽  
Legal Perspective ◽  
Direct Compensation ◽  
Entry Requirements ◽  
The Law ◽  
Definition Of ◽  
The Impact

Tax is a mandatory contribution for people who have fulfilled the entry requirements to become taxpayers. The tax is expected to improve the welfare of all people. The tax cannot be felt directly by the community. The implementation of tax collection must have a clear regulation. The purpose of this article is to determine the impact of tax collection in terms of the economy perspective; to know the impact of tax collection if viewed from a legal perspective; to know the impact of tax collection if viewed in terms of sociology. The results of the study indicate that Article 1 of Law Number 6 of 1983 in conjunction with Law 28 of 2007, the definition of tax is a mandatory contribution to the State owed by an individual or entity that is compulsory based on the Law, by not receiving direct compensation and used for State needs for the greatest prosperity of the people. Tax is one of the sources of government revenue. It means that the increase in tax collection directly increases government revenues. Thus, the tax has several functions, namely the function of the budget (budgetair) and the regulating of function (regurelend).

scholarly journals From Ben-Gurion to Venezuelan Converts

2021 ◽  
Vol 49 (1) ◽  
pp. 82-108
Author(s):  
Danni Reches
Keyword(s):  
The State ◽  
Jewish State ◽  
Religious Law ◽  
The Supreme Court ◽  
The Law ◽  
Jewish Immigrants ◽  
Definition Of ◽  
Law Of Return ◽  
State Of Israel

This study analyzes the development of the unique Law of Return (LOR) of the State of Israel. The LOR is aimed at enabling the immigration of all Jews to Israel and can be viewed as an expression of Israel’s ethno-religious self-definition. The analysis includes amendments made to the LOR since its implementation in 1950 to today, and how different groups of Jewish immigrants have been affected by the law. Moreover, this paper introduces a case study that so far has not received the scholarly attention it deserves; the exodus from Venezuela and the particular case of nine Venezuelan converts to Judaism in accordance with the Conservative branch of the religion. The research uncovers that the LOR contains a core contradiction. While it should be assumed that everyone is treated equally before the law, discrepancies in the treatment of different individuals and groups of people with regard to the LOR continue taking place. The differences in treatment are due to the fact that terms such as ‘Jew’ and ‘Jewish convert’ are subjective in accordance withWeber’s theory on ethnicity and the terms have been given different meanings by Jewish religious law, the Supreme Court, and the legislative power. While recognizing that the definition of these terms form the identity of the State of Israel, which is heavily contested between Orthodox religious and secular forces since its establishment as a Jewish State – this study offers suggestions for approaches to dealing with the randomness of the LOR. These consist of two main points: clarifying who should be responsible for verifying the question of who is a Jew, and listing a set of criteria that a person should meet in order to be eligible for the LOR.

scholarly journals The unity of the legal space as the basic principle of ensuring the stability of the constitutional system of the Russian Federation

2016 ◽  
Vol 4 (3) ◽  
pp. 68-75
Author(s):  
Алевтина Новикова ◽  
Alevtina Novikova ◽  
Анна Жорник ◽  
Anna Zhornik
Keyword(s):  
Russian Federation ◽  
Basic Principle ◽  
The State ◽  
Public Authorities ◽  
Legal Space ◽  
The Russian Federation ◽  
Constitutional System ◽  
The Stability ◽  
Definition Of

The article provides the constitutional-legal characteristic of the principle of unity of legal space of Russia; formulates author´s definition of legal space of the state; defines the components that ensure the unity of legal space (cultural, ideological, legal, controlling, coercive and enforcement). The work focused on the problem of ensuring of unity of legal space of public authorities; identified obstacles to the effective and stable functioning of the principle of unity of legal space, as well as measures for their elimination.

scholarly journals Making Cultural Heritage Claims on Profitable Land: The Case of the Ngassa Wells in Uganda’s Oil Region

2019 ◽  
Vol 54 (3) ◽  
pp. 222-243
Author(s):  
Rose Nakayi ◽  
Annika Witte
Keyword(s):  
Cultural Heritage ◽  
Market Value ◽  
Political Influence ◽  
Vantage Point ◽  
The State ◽  
Cultural Institutions ◽  
Oil Companies ◽  
Definition Of ◽  
The Village ◽  
Exploration Phase

In the exploration phase of Uganda’s oil project, controversy arose regarding the drilling of wells on the grounds of important shrines of spirits of the adjacent Lake Albert. While the oil companies and the state looked at the market value of the land, the claimants emphasised its cultural heritage value, building a link to an international heritage discussion. This article argues that, while they have been barred from political influence on the oil project, cultural institutions such as the Bunyoro Kingdom and the claimants in the village near the controversial well used cultural heritage as a vantage point to get their voices heard and to gain negotiating power in the project. The article shows how widening of the definition of cultural heritage – which means dropping a bias for built infrastructure – has put culture alongside politics, economics, and the environment as an important factor to consider in extractive projects.

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