scholarly journals Justice in the Republic of Poland: Problems in Implementing the Principle of Independence of the Judiciary

Teisė ◽  
2021 ◽  
Vol 118 ◽  
pp. 73-89
Author(s):  
Ryszard Balicki ◽  
Agnė Juškevičiūtė-Vilienė
Keyword(s):  
Political Party ◽  
Separation Of Powers ◽  
Judicial Independence ◽  
Judicial Power ◽  
Right Wing ◽  
Constitutional Principle ◽  
Law And Justice ◽  
The Republic ◽  
The Right ◽  
Ruling Party

The right-wing populist Law and Justice party , which came to power in 2015 in Poland, sought not only to implement its conservative and Christian ideas through the executive and the legislative powers, but also to influence the justice. This article presents an analysis of legal acts adopted or amended on the initiative of this ruling party, which shows how the judicial power has been systematically usurped by this political party, in spite of the constitutional principle of the separation of powers, and states that the principle of judicial independence has been violated.

scholarly journals Prinsip Kebebasan Hakim dalam Memutus Perkara Sebagai Amanat Konstitusi

2016 ◽  
Vol 12 (2) ◽  
pp. 217
Author(s):  
Firman Floranta Adonara
Keyword(s):  
State Power ◽  
Judicial Independence ◽  
Electronic Media ◽  
Judicial Power ◽  
Pressure Groups ◽  
Procedural Law ◽  
Law And Justice ◽  
The Republic ◽  
The Government ◽  
Influential Individuals

The principle of judicial independence is part of the judicial power. Judicial power is independent of state power to conduct judiciary to uphold law and justice based on Pancasila and the 1945 Constitution, for the implementation of the legal state of the Republic of Indonesia, as requested Article 24 of the 1945 Constitution principle of judicial independence in carrying out his duties as a judge, it can give you the sense that judges in performing their duties of judicial power should not be bound by any and / or pressured by anyone, but free to do anything. The principle  of judicial independence is an independence or freedom possessed by the judiciary for the creation of a decision that is both objective and impartial. The Indonesian judges understand and implement the meaning of judicial independence as a responsible freedom, freedom in order corridor legislation applicable to the principal duty of the judicial authorities in accordance procedural law and regulations in force without being influenced by the government, interests, pressure groups , print media, electronic media, and influential individuals.

scholarly journals Government Help in Upbringing Children and its Significance in the Formation of the Attitudes of Single Parents Towards Employment.

2017 ◽  
Vol 9 (2) ◽  
Author(s):  
Ewa Jurczyk-Romanowska
Keyword(s):  
Social Services ◽  
Political Party ◽  
Child Support ◽  
Single Parents ◽  
Legal Regulation ◽  
Government Support ◽  
Right Wing ◽  
Parliamentary Elections ◽  
Law And Justice ◽  
The Right

In the paper, an analysis is presented of the new solutions in government support for the opportunities for providing for the needs of children in families introduced in Poland, which have become a flag electoral project of the right-wing political party Law and Justice (Prawo i Sprawiedliwość). After the parliamentary elections of 2015 the work on a new bill began and in the first quarter of 2016 the Act on government help in upbringing children went into effect. The regulation was intended as a countermeasure to the demographic crisis in Poland. According to this new legal regulation, single parents raising one child may not be able to collect the new benefit. This regulation encourages single parents to leave employment and live on benefits from social services and child-support benefits.

The Specter of the Past: Reconstructing Conservative Historical Memory in South Korea

2021 ◽  
Vol 49 (3) ◽  
pp. 337-362
Author(s):  
Myungji Yang
Keyword(s):  
South Korea ◽  
Historical Memory ◽  
Political Legitimacy ◽  
New Right ◽  
Historical Narratives ◽  
Right Wing ◽  
Far Right ◽  
The Past ◽  
The Republic ◽  
The Right

Through the case of the New Right movement in South Korea in the early 2000s, this article explores how history has become a battleground on which the Right tried to regain its political legitimacy in the postauthoritarian context. Analyzing disputes over historiography in recent decades, this article argues that conservative intellectuals—academics, journalists, and writers—play a pivotal role in constructing conservative historical narratives and building an identity for right-wing movements. By contesting what they viewed as “distorted” leftist views and promoting national pride, New Right intellectuals positioned themselves as the guardians of “liberal democracy” in the Republic of Korea. Existing studies of the Far Right pay little attention to intellectual circles and their engagement in civil society. By examining how right-wing intellectuals appropriated the past and shaped triumphalist national imagery, this study aims to better understand the dynamics of ideational contestation and knowledge production in Far Right activism.

Pozycja ustrojowa Rady Ministrów w partyjnych projektach… Konstytucji Czwartej Rzeczypospolitej z lat 2004–2013

1970 ◽  
Vol 23 (301) ◽  
pp. 3-12
Author(s):  
Marian Kallas
Keyword(s):  
The Political ◽  
Political Position ◽  
Basic Law ◽  
Law And Justice ◽  
The Republic ◽  
The Government ◽  
Council Of Ministers ◽  
Ruling Party

The article begins with a succinct characteristic of the political position of the Council of Ministers as determined by the Constitution of the Republic of Poland dated 2 April 1997. The next portion of the text discusses the constitutional program of the Prawo i Sprawiedliwość [PiS, Eng. Law and Justice] party in 2003. It is an introduction to presenting the suggested political position of the government in non-parliamentary party projects of the Constitution in the years 2004–2013 (five texts publically available). Particular attention was devoted to PiS drafts of the Basic Law of 2005 and 2010 as coming from the ruling party in the years 2005–2007 and again since 2015.

scholarly journals Elections in times of neo-coupism and populism: A short essay on Brazil's right-wing presidential candidates' plans for governance and their proposals for gender and Afro-Brazilians

2019 ◽  
Vol 27 (1) ◽  
pp. 72-79 ◽  
Author(s):  
Patricia Rangel ◽  
Eneida Vinhaes Dultra
Keyword(s):  
Rural Communities ◽  
Presidential Elections ◽  
Indigenous Populations ◽  
Social Rights ◽  
Right Wing ◽  
Presidential Candidates ◽  
General Elections ◽  
The Republic ◽  
The Right ◽  
Short Essay

In October 2018, Brazil held general elections in which new senators, federal representatives, state representatives, governors, and the new president of the republic were chosen. The singularity of the context surrounding the elections is evident: the call occurred two years after a presidential impeachment linked to a state coup which consolidated the ascent of populist forces from the right and which initiated a series of regressions in social rights, criminalization of progressive activism, and increase of police violence. As a result, in the presidential elections, populist candidates and discourses of hate became popular, targeting historically marginalized social groups within the country (women, African-Brazilians, LGBTQIs – Lesbians, Gays, Bisexuals, Transgenders, Queers, Intersex – working class, rural communities, and the indigenous populations). This essay examines the presidential proposals or positions towards the aforementioned groups, paying particular attention to speeches of right-populist candidates, especially those made by Jair Bolsonaro, chosen in a runoff election.

scholarly journals Problems of implementation of constitutional rights and freedoms of man and citizen in the context of COVID-19

2021 ◽  
Vol 2021 (1) ◽  
pp. 42-53
Author(s):  
Pavel Astafichev
Keyword(s):  
Cultural Values ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
Point Of View ◽  
Constitutional Rights ◽  
Personal Privacy ◽  
Education Access ◽  
Constitutional Principle ◽  
Constitutional Right ◽  
The Right

The article is devoted to the study of a range of problems concerning the implementation of constitutional human rights and freedoms in the context of the threat of the spread of a new coronavirus infection. The author states that from the point of view of the implementation of the institution of constitutional rights and freedoms of man and citizen, the legal regulation pattern was likely to be the strengthening of guarantee of the constitutional right to the protection of life and health, in part, to the detriment of other constitutional rights and freedoms, first of all – the right to freedom of movement, personal privacy, work, freedom of individual enterprise, right to education, access to arts, culture and cultural values and use of cultural establishments. In case of COVID-19, preference was forced upon de facto federalism, which implies a reasonable decentralization of the subjects of jurisdiction and powers, vertical sharing of powers to guarantee the constitutional principle of separation of powers. The article proves that the executive power has the right to plan and organize sanitary and anti-epidemiological, preventive and even restrictive measures, but it cannot limit the constitutional rights and freedoms of citizens bypassing the will of the representation of the people in a democratic society. In extremis, when circumstances require an immediate solution, it is possible only for a very short time, used by a representative body to fully discuss and make a proper decision.

scholarly journals Calon Perseorangan dalam Pemilihan Umum Kepala Daerah

2014 ◽  
Vol 4 (01) ◽  
pp. 112-135
Author(s):  
Sri Warjiyati
Keyword(s):  
Political Institutions ◽  
Political Party ◽  
General Election ◽  
Local Election ◽  
Individual Candidate ◽  
The Republic ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Independent Candidates

Abstract: This article discusses the individual candidate in the general election of regional head in political jurisprudence perspective. Before the Mahkamah Konstitusi’s decision No. 5/PUU-V/2007 pointed out, the individual candidate could have enter the two political institutions; first, in the 2004 general election, the individual candidate competed to get into the institution of the Regional Representative Council of the Republic of Indonesia; second, Undang-Undang No. 11 tahun 2006 regarding with the Government of Aceh where the individual candidate could compete with the candidates promoted by the national political party in electing the regional head in all over Aceh. The decision of Mahkamah Konstitusi No. 5/PUU-V/ means that the local head election held in various regions can include the individual independent candidate. In political jurisprudence perspective, mechanism of the individual candidacy in the election has already in accordance with the concept of maslahah al-‘ammah ie. hifdz al-ummah.  In this case, any of the individual independent candidates who nominate themselves as the regional head cannot be discriminated and they deserve the right to nominate to be in line with the Mahkamah Konstitusi’s decision.Keywords: Candidate, individual, local election, jurisprudence, siyasah

scholarly journals Confederacy — the polish new right wing between tradition and modernity

2020 ◽  
Vol 30 ◽  
pp. 7-32
Author(s):  
Jarosław Tomasiewicz
Keyword(s):  
New Right ◽  
Right Wing ◽  
Far Right ◽  
Protest Movements ◽  
Economic Liberalism ◽  
Social Basis ◽  
Cultural Conservatism ◽  
Right Wing Populism ◽  
Law And Justice ◽  
The Right

Konfederacja Wolność i Niepodległość (Confederacy for Freedom and Independence) is new, far-right force in Poland. Success of the KWiN broke political monopoly of the Prawo i Sprawiedliwość (Law and Justice) party on the right wing. The paper examines structure, strategy, ideology and social basis of the Confederacy. This new formation amalgamating cultural conservatism and economic liberalism is similar rather to American Trumpism and alt-right than the protest movements of Western-European right wing populism.

scholarly journals On the issue of the right of legislative initiative

2020 ◽  
Vol 4 ◽  
pp. 85-90
Author(s):  
Elmira Qazvinova ◽  
Keyword(s):  
Separation Of Powers ◽  
State Power ◽  
Political Rights ◽  
Basic Principles ◽  
The People ◽  
Democratic State ◽  
Legislative Initiative ◽  
Fundamental Law ◽  
The Republic ◽  
The Right

The Constitution of the Republic of Azerbaijan reflects all the basic principles that characterize a democratic state system. The fundamental law of our country states that the only source of power is the people, and also that the Republic of Azerbaijan is a democratic and legal state, and state power is based on the principle of separation of powers. It is gratifying to note that in addition to political rights, such as the right to elections and referendum, citizens have other opportunities to participate in the exercise of state power, one of which is the right of legislative initiative of citizens.

scholarly journals Progressive Paternalism: Civic Indentity Construction in Red Vienna

2008 ◽  
Vol 9 ◽  
Author(s):  
Matthew Eisler
Keyword(s):  
Working Class ◽  
First World War ◽  
Right Wing ◽  
World War ◽  
Welfare Programs ◽  
Social Welfare Programs ◽  
The Face ◽  
The Republic ◽  
The Right ◽  
First World

Much of the extant literature assessing the Austrian Socialist Party's (SDAP) social welfare programs in post-First World War Vienna tends to interpret these as the product of a paternalistic and conservative 'Germanophile' party. Many scholars claim the Socialists suppressed spontaneous working-class political activism, dulling the consciousness of soldiers and workers to the imminent danger to the Republic posed by Austrian fascists. This essay instead proposes that there was a more complex relationship between the SDAP elite and its rank and file than has previously been thought. In attempting to engineer a new socialist society, the party combined progressive and traditional aspects in its welfare programs in an effort to both control and strengthen proletarian political consciousness. The ambiguous results of this program belie claims that the Viennese working class was supine either in the face of the SDAP's 'cultural offensive' or the right-wing reaction.

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