scholarly journals Lithuanian Democracy under the State of Emergency : Will the COVID-19 Pandemic Affect the Assessment of the State of Democracy in the Country? – System Analysis

2021 ◽  
Vol 72 (4) ◽  
pp. 88-105
Author(s):  
Martinas Malużinas ◽  
Keyword(s):  
System Analysis ◽  
The State ◽  
State Of Emergency

“I'd make thee eat the mischief thou hast vented”: Discourse of Law in Ben Jonson's Catiline His Conspiracy

2017 ◽  
Vol 24 (1) ◽  
pp. 22-45
Author(s):  
Akihiko Shimizu
Keyword(s):  
Early Modern ◽  
Political Discourse ◽  
Legal Discourse ◽  
The State ◽  
The Political ◽  
State Of Emergency ◽  
Gunpowder Plot ◽  
Effective Use ◽  
Legal Procedures ◽  
The Way

This essay explores the discourse of law that constitutes the controversial apprehension of Cicero's issuing of the ultimate decree of the Senate (senatus consultum ultimum) in Catiline. The play juxtaposes the struggle of Cicero, whose moral character and legitimacy are at stake in regards to the extra-legal uses of espionage, with the supposedly mischievous Catilinarians who appear to observe legal procedures more carefully throughout their plot. To mitigate this ambivalence, the play defends Cicero's actions by depicting the way in which Cicero establishes the rhetoric of public counsel to convince the citizens of his legitimacy in his unprecedented dealing with Catiline. To understand the contemporaneousness of Catiline, I will explore the way the play integrates the early modern discourses of counsel and the legal maxim of ‘better to suffer an inconvenience than mischief,’ suggesting Jonson's subtle sensibility towards King James's legal reformation which aimed to establish and deploy monarchical authority in the state of emergency (such as the Gunpowder Plot of 1605). The play's climactic trial scene highlights the display of the collected evidence, such as hand-written letters and the testimonies obtained through Cicero's spies, the Allbroges, as proof of Catiline's mischievous character. I argue that the tactical negotiating skills of the virtuous and vicious characters rely heavily on the effective use of rhetoric exemplified by both the political discourse of classical Rome and the legal discourse of Tudor and Jacobean England.

Japanese-language videos on YouTube as a source of public health information for COVID-19 (Preprint)

2020 ◽  
Author(s):  
Takeo Yasu
Keyword(s):  
Public Health ◽  
Health Information ◽  
Scientific Evidence ◽  
The State ◽  
Video Content ◽  
Sources Of Information ◽  
State Of Emergency ◽  
Public Health Information ◽  
Youtube Videos ◽  
Spread Of Infection

BACKGROUND Serious public health problems, such as the COVID-19 pandemic, can cause an infodemic. Sources of information that may cause an infodemic include social networking services; YouTube, which consists of content created and uploaded by individuals, is one such source. OBJECTIVE To survey the content and changes in YouTube videos that present public health information about COVID-19 in Japan. METHODS We surveyed YouTube content regarding public health information pertaining to COVID-19 in Japan. YouTube searches were performed on March 6, 2020 (before the state of emergency), April 14 (during the state of emergency), and May 27 (after the state of emergency was lifted), with 136, 113, and 140 sample videos evaluated, respectively. The main outcome measures were: (1) The total number of views for each video, (2) video content, and (3) the usefulness of the video. RESULTS In the 100 most viewed YouTube videos during the three periods, the number of videos on public health information in March was significantly higher than in May (p = .02). Of the 331 unique videos, 9.1% (n = 30) were released by healthcare professionals. Useful videos providing public health information about the prevention of the spread of infection comprised only 13.0% of the sample but were viewed significantly more often than not useful videos (p = .006). CONCLUSIONS Individuals need to take care when obtaining information from YouTube before or early in a pandemic, during which time scientific evidence is scarce.

The Principles of State Governance of the German Democratic Republic

2020 ◽  
Vol 1(21) ◽  
pp. 37-51
Author(s):  
Grzegorz Kuźnik
Keyword(s):  
German Democratic Republic ◽  
Democratic Republic ◽  
The State ◽  
State Of Emergency ◽  
State Institutions ◽  
German States ◽  
East German ◽  
State Governance ◽  
Council Of Ministers ◽  
National Defence

The aim of this article is to present the principles underlying the political system in force in the German Democratic Republic between 1949 and 1990, with a particular emphasis on the issue of the state of emergency law. The article describes the two Constitutions from 1949 and 1968 and the state institutions established under them, including the GDR People's Chamber, the Council of Ministers, the GDR State Council and the National Defence Council. It also discusses the constitutional solutions within the scope of the emergency law. The legal basis for the protection of the border between the two then existing German states was also considered. This article is based on the two East German Constitutions, other legal acts and on the principles of East German and Polish doctrine. The article consists of an introduction, three parts and a summary.

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina
Keyword(s):  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Hybrid State ◽  
Political Interests ◽  
The World ◽  
Constitutional Tribunal ◽  
Law And Justice ◽  
The Republic ◽  
Emergency Measures

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

Totul e atât de firesc în tăcerea noastră. Sau despre infracțiunea de omisiunea declarării unor informații

2020 ◽  
Vol 2020 (2020) ◽  
pp. 256-265
Author(s):  
Andra-Roxana TRANDAFIR ◽  
Keyword(s):  
Criminal Code ◽  
The State ◽  
Negative Effects ◽  
State Of Emergency ◽  
Contagious Disease

Following the state of emergency declared as a result of the COVID-19 pandemic, the Romanian legislator adopted in March 2020 an Emergency Ordinance which, among others, modified the Criminal Code and introduced a new offence, which sanctions the omission to declare certain information regarding the possibility to of having had contact with a person infected with a contagious disease. The paper underlines the deficiencies of these modifications, analyzing the lack of clarity of several notions used by the legislator, as well as the potential negative effects of such way of regulating criminal offences.

TOURISM INDUSTRY OF PLOVDIV IN THE CONDITIONS OF EMERGENCY MEASURES

2020 ◽  
Author(s):  
Zlatka Grigorova ◽  
Keyword(s):  
Online Survey ◽  
Tourism Industry ◽  
The State ◽  
Economic Situation ◽  
State Of Emergency ◽  
Current Economic Situation ◽  
Potential Customers ◽  
Emergency Measures ◽  
Innovative Approaches

The report summarizes information on the state of the tourism business in Plovdiv after the introduction of Covid-19 restrictive emergency measures, as well as the expectations for the development of tourism in the coming months based on an online survey at the end of April 2020. The report outlines the overall state of the industry as well as the difficulties it faces and the efforts it made to retain employment and towards recovery. The adaptability of the business in the current economic situation and the search for new innovative approaches to attract and welcome tourists are highlighted, in order to reach more potential customers after the end of the state of emergency.

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