scholarly journals Conflicting Interests of Legislators in India: An Exploratory Study

2020 ◽  
Vol 1 (4) ◽  
pp. 605-616
Author(s):  
Deb Zyoti Das ◽  
Bhanu Singh Rohilla
Keyword(s):  
Political Party ◽  
Exploratory Study ◽  
The Political ◽  
Indian Politics ◽  
Conflicting Interests ◽  
The Law ◽  
Moving Spheres ◽  
Law Making

Law governs society and evolves with it as time progresses. The process of evolution is a complex, continuous and an integrated cycle of different, moving spheres of life. With the evolution of society, there arises a need for laws to govern the new behaviors generated by such evolution.  Hence, law-making bodies such as parliaments of countries and states move and aspire to regulate; and mold the behavior of their subjects and citizens in order to avoid, resolve and suppress chaos and maintain the proper and smooth functioning of the society at hand. Persons involved in the law-making process are also party to the society and hence influenced by their circles and spheres of society. The interests of a particular legislator could be varied enough to put a significant effect on the piece of legislation he is working on that will, in future most probably guide the whole nation. With the party based Indian politics, it becomes more difficult for a legislator to serve the interests of the nation before the command and interests of the political party that the Legislator represents. It is thus imperative for us to understand the difficulties and constraints that a legislator face when he drafts or prepares Legislation or is involved in a law-making process. This article explores and describes the scenario in India elaborately.

scholarly journals Review of the Political Direction of National Legal Development Law

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Achmad Irwan Hamzani ◽  
Kanti Rahayu ◽  
Tani Haryadi ◽  
Nur Khasanah ◽  
Havis Aravik
Keyword(s):  
Legal System ◽  
Legal Consciousness ◽  
The Political ◽  
Philosophical Approach ◽  
Legal Development ◽  
National Legal System ◽  
The Law ◽  
The Impact ◽  
Law Making ◽  
The Ideal

The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of national legal development is not only through legislation. There is the functionalization of the law that lives in society. The purpose of the research describes the political urgency of law in the development of national law and reviews the political direction of national law development law. This research uses a philosophical approach, namely to examine the law from the ideal side in the form of an idea of the direction of national law politics in the future. The results of this study show that the politics of law is necessary to provide direction in the development of national law. Each country has a legal political direction whose role as the basic policy of state organizers to determine the direction, shape, and content of the law to be established. Legal politics as a strategy of the formation process, as well as the implementation of laws based on the national legal system to achieve the goals and ideals of the state. The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of the development of the national legal system can be through legislation and functionalization of the living law. The political direction of the law in Indonesia in the development of national law simplifies the process of legislation. The impact will only be a successful legal state in law-making, but weak in law in action. The implication of this study is to expand the political direction of national law which includes the functionalization of the living law. By functionalizing "the living law", the resulting law is rooted in the legal consciousness of society.

scholarly journals Penguatan Partai Politik sebagai Salah Satu Bentuk Pengadministrasian dan Pelembagaan Sistem Demokrasi

2019 ◽  
Vol 2 (4) ◽  
pp. 710-120
Author(s):  
Aprista Ristyawati
Keyword(s):  
Political Parties ◽  
Political Party ◽  
The Political ◽  
System Building ◽  
Party Members ◽  
The Law ◽  
Recruitment System

This study aims to determine the strengthening of political parties as a form of administration and institutionalization of democracy. The formulation of the problem in this study is: what are the main issues of political parties in Indonesia at this time and how are efforts to strengthen political parties as a form of democratic institutionalization. The method of approach used in this study is normative juridical and analytical descriptive that is describing the object that is the main problem, from the depiction taken an analysis that is adapted to existing legal theories and put the law as a norm system building. The results of this study indicate that there are 3 (three) Main Problems of Political Parties in Indonesia that occur at this time, namely the weakening ideology of political parties, the recruitment system and the cadre formation patterns of less qualified political party members, the crisis of fundraising / fundraising of political parties. Efforts must be made to strengthen political parties as a form of institutionalization of democracy, namely using the ideology of political parties that must be strengthened, improve the quality and strengthen the recruitment system and regeneration patterns of political party members and there must also be a strengthening of the political party's fundraising system.Keywords: Political Parties, institutionalization of democracy Abstrak Penelitian ini bertujuan tuntuk mengetahui penguatan partai politik sebagai salah satu bentuk pelembagaan demokrasi. Metode pendekatan yang digunakan dalam penelitian ini adalah yuridis normatif dan bersifat deskriptif analitis yaitu menggambarkan objek yang menjadi pokok permasalahan, dari penggambaran tersebut diambil suatu analisa yang disesuaikan dengan teori-teori hukum yang ada dan meletakan hukum sebagai sebuah bangunan sistem norma. Hasil penelitian ini menunjukkan bahwa Ada 3 (tiga) Problem Utama Partai Politik di Indonesia yang terjadi pada saat ini, yaitu ideologi partai politik yang semakin melemah, sistem rekrutmen dan pola kaderisasi anggota partai politik yang kurang berkualitas, krisis pengumpulan dana / Fundraising pada partai politik. Upaya yang harus dilakukan untuk memperkuat Partai Politik sebagai salah satu bentuk pelembagaan Demokrasi yaitu dengan cara ideologi Partai Politik harus diperkuat, meningkatkan kualitas dan memperkuat sistem rekrutmen dan pola kaderisasi anggota partai politik dan juga harus ada penguatan sistem pengumpulan dana (Fundraising) Partai Politik. Kata Kunci : Partai Politik, pelembagaan demokrasi

scholarly journals Politik Hukum Pengaturan Unsur Pimpinan Partai Politik

2016 ◽  
pp. 188-201
Author(s):  
Kuswanto
Keyword(s):  
Political Party ◽  
Research Finding ◽  
Public Trust ◽  
Party Leader ◽  
The Political ◽  
Criminal Offense ◽  
The Law

Political party is a precondition for democracy. Political party should receive public trust to exist as the people’s representative. Indonesian politics today distrusts the political party. Because of commiting criminal offense such as corruption, many politicians are prosecuted. To respond this situasion, the dignity of the political party needs to be restored. This article recommends that requirements of political party leader should be regulated in legislation. Political party leader should have moral and ethics capability higher than its regular member. Furthermore, this article also recommends that the Law Number 2 of 2008 should be amended to accommodate this research finding.

Declaration of Nelson W. Polsby in Badham v. Eu

1985 ◽  
Vol 18 (03) ◽  
pp. 568-572
Author(s):  
Nelson W. Polsby
Keyword(s):  
United States ◽  
Political Party ◽  
Political Process ◽  
United States Supreme Court ◽  
The United States ◽  
The Political ◽  
Political Judgment ◽  
United States Census ◽  
Trade Offs ◽  
Conflicting Interests

1. I offer the Court this declaration because I believe that it is helpful for the Court to consider the extent to which the reapportionment process is inescapably political and value-laden. The drawing of district boundaries requires the weighing of many different and often conflicting interests. Any result will be a political result pleasing to some and not to others. Tests that could be used by the courts to manage cases, like this one, in which a partisan group petitions the courts to impose a judicial result in a state in which one political party claims to be disadvantaged by the outcome of the political process, are not neutral but political in their outcomes, and trade-offs between and among the various tests that might be used require the exercise of political judgment.2. In the early 1960s, the United States Supreme Court affirmed the principle that members of Congress must represent districts containing equal numbers ofindividuals(regardless of whether they vote or are even eligible to vote) as measured by the United States census. The application of this standard required only that the courts determine the respective populations of districts, a readily manageable task. The plaintiffs in this case, however, are asking the Court to do something much more difficult, namely protect the interests of one of many political or socialgroups, and have suggested that there may be an ideal degree of collective “effectiveness” of votes cast by a particular group. This is an entirely different matter.

Introduction

2021 ◽  
pp. 1-11
Author(s):  
Caroline Heber
Keyword(s):  
European Union ◽  
The Political ◽  
The European Union ◽  
Legal Requirement ◽  
Cooperation Mechanism ◽  
The Law ◽  
Political Dimensions ◽  
Clear Differentiation ◽  
Law Making

The first chapter introduces the reader to the enhanced cooperation mechanism through an overview of the cornerstones of the law-making procedure, the aim and purpose of the procedure, and via a thorough differentiation between the political and the legal dimension of enhanced cooperation law-making. A clear differentiation between legal and political dimensions of enhanced cooperation law-making is particularly important for the success of differentiated law-making within the European Union. If the political intention expressed by Art 20 of the TEU were understood as a strict legal requirement, the entire mechanism of enhanced cooperation would be unstable, unclear, and ineffective.

scholarly journals Istota i znaczenie (funkcje) zasad postępowania sądowoadministracyjnego

2019 ◽  
pp. 31-47
Author(s):  
Aleksandra Wiktorowska
Keyword(s):  
Cognitive Function ◽  
Law Enforcement ◽  
Process Model ◽  
The Political ◽  
Procedural Law ◽  
Basic Functions ◽  
Reference Sphere ◽  
The Law ◽  
Administrative Courts ◽  
Law Making

There are two main platforms on which the role and importance of the principles of procedural law can be observed. One concerns the basic functions played by these principles, i.e. the function that orders the process, the function that shapes the process model, the interpretative function and the cognitive function. The other platform concerns the reference sphere i.e. a sphere to which these principles are or may be of importance owing to the functions they have. Thus it comprises the sphere of making and enforcing law and its criticism, the law teaching and researching sphere, the practical sphere, the political-ideological sphere and last but not least the sphere of codifi ed and non-codifi ed law. This division however is not absolute. There exists, for example, convergence between the sphere of law enforcement and law practice as well as between the sphere of law criticism and law teaching or researching. A similar convergence may be observed between the law making and the political-ideological spheres. The two platforms cross over and create meeting points in which individual functions of principles in relevant reference spheres may be marked. At the law-making stage, the ordering function harmonises legal solutions adopted in a legislative act whereas at the law-enforcement stage it facilitates construction of a legal text. The shaping of a model of proceedings in administrative courts by principles means that these principles make it possible to determine the structure of institutions and procedural solutions in proceedings before administrative courts, while the interpretative function occurs only in the sphere of law enforcement and criticism. The cognitive function is mainly signifi cant for the law teaching and researching sphere, but also for the law practice, including criticism.

Penerapan Undang Undang Otonomi Daerah No. 32 Tahun 2004 Jo Perda No. 7 Tahun 2006 di Waru Sidoarjo

2013 ◽  
Vol 3 (1) ◽  
pp. 214-240
Author(s):  
Ulul Azmi M.
Keyword(s):  
Human Rights ◽  
Local Government ◽  
Comparative Study ◽  
Political Party ◽  
Field Research ◽  
The Political ◽  
Regional Autonomy ◽  
The Law ◽  
Village Government ◽  
The Village

Abstract: This article is a field research on the application of the Regional Autonomy Law No. 32 year 2004, jo PERDA (Regional Regulation) No. 7 year 2006 about the local government in Waru-Sidoarjo. The research was conducted by interviewing some people from four villages, namely Ngingas, Kepuh Kiriman, Tambak Oso, and Tambak Rejo. The research concludes that the community of the four villages had been carrying out the mandate of the Regional Autonomy Law No. 32 year 2004, jo PERDA (Regional Regulation) No. 7 year 2006. However, the compliance in carrying out the law is not based on their legal awareness. It is because there are some laws that are considered as discrimination and murder of the rights of individuals, including the prohibition of the village government to take charge of the political party (consulting / comparative study) ". It can, of course, kill the principles of human rights and democracy, whereas the legislation itself gives respect to the principles of democracy and human rights. The principles to be considered in formulating constitution is the guarantee of human rights of each member of society and the equality of all people before the law without any distinctions of social statification.Keywords: Implementation, regional autonomy law, Waru

scholarly journals Istota i znaczenie (funkcje) zasad postępowania sądowoadministracyjnego

2018 ◽  
pp. 31-47
Author(s):  
Aleksandra Wiktorowska
Keyword(s):  
Cognitive Function ◽  
Law Enforcement ◽  
Process Model ◽  
The Political ◽  
Procedural Law ◽  
Basic Functions ◽  
Reference Sphere ◽  
The Law ◽  
Administrative Courts ◽  
Law Making

There are two main platforms on which the role and importance of the principles of procedural law can be observed. One concerns the basic functions played by these principles, i.e. the function that orders the process, the function that shapes the process model, the interpretative function and the cognitive function. The other platform concerns the reference sphere i.e. a sphere to which these principles are or may be of importance owing to the functions they have. Thus it comprises the sphere of making and enforcing law and its criticism, the law teaching and researching sphere, the practical sphere, the political-ideological sphere and last but not least the sphere of codifi ed and non-codifi ed law. This division however is not absolute. There exists, for example, convergence between the sphere of law enforcement and law practice as well as between the sphere of law criticism and law teaching or researching. A similar convergence may be observed between the law making and the political-ideological spheres. The two platforms cross over and create meeting points in which individual functions of principles in relevant reference spheres may be marked. At the law-making stage, the ordering function harmonises legal solutions adopted in a legislative act whereas at the law-enforcement stage it facilitates construction of a legal text. The shaping of a model of proceedings in administrative courts by principles means that these principles make it possible to determine the structure of institutions and procedural solutions in proceedings before administrative courts, while the interpretative function occurs only in the sphere of law enforcement and criticism. The cognitive function is mainly signifi cant for the law teaching and researching sphere, but also for the law practice, including criticism.

scholarly journals Między polityką a prawem. Problem „upolitycznienia” tworzenia prawa

2017 ◽  
Vol 110 ◽  
pp. 115-132
Author(s):  
Tadeusz Biernat
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Power ◽  
The Political ◽  
The Rule Of Law ◽  
The Creation ◽  
The Law ◽  
Politics And Law ◽  
Law Making

BETWEEN POLITICS AND LAW. THE PROBLEM OF “POLITICIZATION” THE CREATION OF LAWThe purpose of this article is to analyze the phenomenon of “politicization” of the law making process. Astrong form of politicization is the political instrumentalization of law when the law is treated as the implementation of particular interests of the political power; when is created in violation of the legality of the law-making activities; when it violates the rights of individuals human rights. The weaker but more common form of politicization the creation of law is related to the violation by apolitical authority, legislative body, additional restrictions imposed on it, which are supposed to guarantee ahigh level quality of the law. Three of the most characteristic limitations will be the basis for analyzing the phenomenon of politicization of law making. They are related to: the legitimization of law-making, the democratization of law-making process, and the standards of legislation that are characteristic of lawmaking in ademocratic state under the rule of law. To some extent, these phenomena are interconnected, one can say that they are involved in shaping the pat­tern of the proper legislation by preventing or reducing the politicization of the lawmaking process and its key decisions.

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