scholarly journals “HEARING THE PEOPLE ON THE STREET” TESTING THE EXTENT OF PUBLIC PARTICIPATION IN DURBAN’S STREETRENAMING PROCESS Democratic Alliance v eThekwini Municipality [2012] 1 All SA 412 (SCA); 2012 (2) SA 151 (SCA)

Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Vishal Surbun
Keyword(s):  
Local Government ◽  
Public Participation ◽  
Audience Response ◽  
Public Response ◽  
The Public ◽  
The People ◽  
The Supreme Court ◽  
History Of ◽  
The Republic ◽  
Media Reports

Section 152(1)(e) of the Constitution of the Republic of South Africa, 1996, provides that one of the objectives of local government is “to encourage the involvement of communities and community organizations in local government”. This objective is further entrenched in section 16 of the Municipal Systems Act 32 of 2000, which requires that municipalities must develop a culture of participation by the community, and create mechanisms, processes and procedures accordingly. These obligations gave rise to a number of interesting questions. One of these is whether the local sphere of government is obliged to facilitate public participation in its legislative andexecutive functions. This issue was considered by the Supreme Court of Appeal (SCA) in Democratic Alliance v eThekwini Municipality (2012 (2) SA 151 (SCA)). In this case, the SCA had to decide whether two decisions taken by the eThekwini Municipality to rename certain streets in Durban were, first, lawful and second, rational. Before turning to consider the facts of this case, however, it is important to note that the renaming of streets figures prominently in periods of regime change and revolutionary transformations.The process of street renaming in Durban prompted a large public response locally. The local newspaper, The Mercury, published a series of media reports and letters from the public on the renaming process. A researcher who interviewed its journalists, established that the changing of street names resulted in the biggest audience response ever experienced in the more than 150-year history of the newspaper.

scholarly journals Addressing the Senate’s “Triple-Deficit”: The Senate as Driver of its own Reform

2015 ◽  
Vol 24 (2) ◽  
Author(s):  
Adam Dodek
Keyword(s):  
Public Participation ◽  
Supreme Court ◽  
Public Institutions ◽  
Democratic Deficit ◽  
Democratic Institutions ◽  
The People ◽  
Legal Foundation ◽  
The Supreme Court ◽  
Obvious Reason ◽  
History Of

Instead of arguing for or against a “Triple-E” Senate, I argue that, whatever one’s position on the Senate (short of abolition), the Senate suffers from a “Triple Deficit”: (1) an integrity deficit; (2) a legitimacy deficit; and (3) a democratic deficit. It suffers from an integrity deficit because of the reputation that the Senate has for not being a particular demanding job, and, more importantly, because of recent scandals that are a continuation of a history of scandal which the Senate has never taken concrete steps to address. The Senate suff ers from a legitimacy deficit because of the integrity deficit and because of its history of patronage appointments. Finally, it suffers from a democratic deficit for more than the obvious reason that it is unelected. As the Supreme Court stated in the Quebec Secession Reference, democracy as it has come to be understood in Canada means more than simply respect for majority will: “to be accorded legitimacy, democratic institutions must rest, ultimately, on a legal foundation.  That is, they must allow for the participation of, and accountability to, the people, through public institutions created under the Constitution.  The system must be capable of refl ecting theaspirations of the people.” Rather than allowing for public participation and accountability, the Senate has allowed itself to become isolated from the Canadian people. This sense of isolation has exacerbated the Senate’s democratic deficit and has led Canadians to view it as distant, elitist, andout of touch with the people.

scholarly journals Decentralization Reforms in Pakistan During Ayub and Zia Era

2012 ◽  
Vol 2 (1) ◽  
pp. 123 ◽  
Author(s):  
Razia Musarrat ◽  
Muhammad Salman Azhar
Keyword(s):  
Local Government ◽  
Political System ◽  
Political Legitimacy ◽  
The Political ◽  
The Public ◽  
The People ◽  
History Of ◽  
New Ideas ◽  
Government Institution ◽  
Local Levels

Since independence federal central administrative setup i.e. concept of centralized power of administration had been the theme for Pakistan. This system was neither responsive nor participative to the people of Pakistan. As a result the resentment for this system increased with the passage of time. To address the issue, many “new” ideas were experienced both at federal and local levels, but the grudges of the public could not be minimized. The system of local government was neglected in the first decade after independence mainly because of the political instability. General Ayub Khan’s Basic Democracies system was the first step that was taken towards decentralization. This system ended with the regime itself. In Zia regime, the Local Government Ordinance of 1979 was introduced. General Ayub Khan’s Basic Democracies system was revived and implemented with a new structure. Military leadership for the sake to gain political legitimacy, planned, encouraged and institutionalized local government institution. Keeping all this in view this article presents detailed historic analysis of decentralization from the political history of Pakistan. The two major eras i.e. General Ayub Khan and General Zia-ul-Haq are analysed in the context of the decentralization and devolution reforms and their implications over the political system of Pakistan.

Public Security and the National Police

2020 ◽  
pp. 71-80
Author(s):  
Trần Minh Công
Keyword(s):  
National Security ◽  
Police Training ◽  
Public Security ◽  
The Public ◽  
Domestic Security ◽  
South Vietnam ◽  
The People ◽  
History Of ◽  
The Republic ◽  
National Police

This chapter concerns the National Police (NP, Cảnh Sát Quốc Gia), which was responsible for the public security of the Republic of Vietnam. Besides maintaining national security and law enforcement, the NP had to deal with an insurgency orchestrated by Hanoi. It became more multifaceted and complex as a paramilitary force. To highlight the significance of the NP, this chapter first briefly outlines the history of the National Police. Next, it discusses police training to meet the two main objectives of protecting the people and providing domestic security. Afterward, the chapter focuses on outstanding security initiatives and programs in which the NP played an important role. Finally, the chapter recounts the general security situation in South Vietnam and two particular events in 1966 and 1968 in which the chapter's author was personally involved.

The Resistance of Memories and the Story of Resistance

2019 ◽  
pp. 436-448
Author(s):  
Fadime Dilber
Keyword(s):  
Mass Media ◽  
New Media ◽  
The Public ◽  
The People ◽  
History Of ◽  
The Media ◽  
The Republic ◽  
Relationship Of ◽  
Republic Of Turkey ◽  
Coup Attempt

This study focused on the relationship of cross-media and social movements. The role of the new media in social mobility has gained a universal qualification though not directly but with the function as a communication platform between individuals by informing and guiding them all. Coup attempt on July 15, 2016 is one of the most important events in the history of the Republic of Turkey. In this coup attempt, the media, contrary to other coups, moved with the people who went out to the streets as an anti-coup. President Recep Tayyip Erdoğan invited the public to social movement by using the mass media and new media in the prevention of the coup attempt of July 15th. When the attitude of the national media is supported by citizens and mass media, new media and those struggling against the coup have gained strength and helped to make the coup attempt unsuccessful. This chapter examines the story structure of struggle exhibited against the July 15 coup attempt in the transmedia.

The Resistance of Memories and the Story of Resistance

2020 ◽  
pp. 124-136
Author(s):  
Fadime Dilber
Keyword(s):  
Mass Media ◽  
New Media ◽  
The Public ◽  
The People ◽  
History Of ◽  
The Media ◽  
The Republic ◽  
Relationship Of ◽  
Republic Of Turkey ◽  
Coup Attempt

This study focused on the relationship of cross-media and social movements. The role of the new media in social mobility has gained a universal qualification though not directly but with the function as a communication platform between individuals by informing and guiding them all. Coup attempt on July 15, 2016 is one of the most important events in the history of the Republic of Turkey. In this coup attempt, the media, contrary to other coups, moved with the people who went out to the streets as an anti-coup. President Recep Tayyip Erdoğan invited the public to social movement by using the mass media and new media in the prevention of the coup attempt of July 15th. When the attitude of the national media is supported by citizens and mass media, new media and those struggling against the coup have gained strength and helped to make the coup attempt unsuccessful. This chapter examines the story structure of struggle exhibited against the July 15 coup attempt in the transmedia.

scholarly journals Esensi Dan Sinkronisasi Pengaturan Mengenai Persetujuan Presiden Dalam Proses Pidana Anggota DPR, Hakim Agung, Hakim Konstitusi, Dan Anggota BPK

2019 ◽  
Vol 9 (2) ◽  
pp. 141-161
Author(s):  
Novianto Murti Hantoro
Keyword(s):  
Judicial Review ◽  
House Of Representatives ◽  
Constitutional Court ◽  
Presidential Approval ◽  
Criminal Proceedings ◽  
The Public ◽  
The Supreme Court ◽  
History Of ◽  
The Republic ◽  
Synchronization Problems

The laws governing the House of Representatives, the Supreme Court, the Constitutional Court, and the Supreme Audit Board, each require the need for presidential approval in criminal proceedings against state officials in that institution. The public spotlight is more often directed at politicians by looking at the petition for judicial review submitted, even though the provision also applies to supreme judges, constitutional judges, and members of the Supreme Audit Board. The problem to be studied in this paper is what is the essence of the president's approval in the criminal process of members of the House of Representatives, supreme judge, constitutional judge, and members of the Supreme Audit Agency, as well as how to synchronize these arrangements. The essence of the president's approval was reviewed based on the opinion of the Constitutional Court stated in its decision, the history of the regulation in the law, and the reference to the norm in the 1945 Constitution of the Republic of Indonesia. Based on the results of the study, it is difficult to obtain certainty of the essence of the approval of the president, except in the context of maintaining the continuity of the wheels of government which is not appropriate if it is then carried out by giving authority to the president to give approval in criminal proceedings. The results of the study also found six points of synchronization problems. Based on the results of the study, three options are recommended, namely removing these provisions and looking for the options to establishing a forum previligiatum; regulate in separate laws, or be included as part of criminal procedural law.AbstrakUndang-undang yang mengatur Dewan Perwakilan Rakyat, Mahkamah Agung, Mahkamah Konstitusi, dan Badan Pemeriksa Keuangan, masing-masing mensyaratkan perlunya persetujuan presiden dalam proses pidana terhadap pejabat negara yang berada di lembaga tersebut. Sorotan masyarakat lebih sering ditujukan kepada politisi. Hal ini terlihat dari permohonan uji materi yang diajukan, padahal ketentuan tersebut juga berlaku untuk hakim agung, hakim konstitusi, dan anggota Badan Pemeriksa Keuangan. Permasalahan yang ingin dikaji dalam tulisan ini adalah apa esensi persetujuan presiden dalam proses pidana anggota Dewan Perwakilan Rakyat, hakim agung, hakim konstitusi, dan anggota Badan Pemeriksa Keuangan, serta bagaimana sinkronisasi pengaturan tersebut. Esensi persetujuan presiden dikaji berdasarkan pendapat MK yang tertuang dalam pertimbangan putusannya, sejarah pengaturan dalam undang-undang, dan rujukan norma tersebut di Undang Undang Dasar Negara Republik Indonesia Tahun 1945. Sinkronisasi pengaturan dilihat berdasarkan peristilahan, tindak pidana yang dikecualikan, dan pelaku penegakan hukum pidana. Berdasarkan hasil kajian, sulit mendapatkan kepastian esensi dari persetujuan presiden, kecuali dalam konteks untuk menjaga keberlangsungan roda pemerintahan yang itu pun tidak tepat apabila kemudian dilakukan dengan memberikan kewenangan kepada presiden untuk memberikan persetujuan dalam proses pidana. Hasil kajian juga menemukan adanya 6 (enam) ketidaksinkronan pengaturan mengenai persetujuan presiden tersebut. Berdasarkan hasil kajian tersebut direkomendasikan 3 (tiga) opsi, yaitu menghapus ketentuan persetujuan presiden tersebut dan mengkaji kemungkinan pembentukan forum previligiatum; mengatur dalam undang-undang tersendiri, atau dimasukkan sebagai bagian dari undang-undang hukum acara pidana.

scholarly journals PERUBAHAN SISTEM PEMILIHAN KEPALA DAERAH DALAM DINAMIKA PELAKSANAAN DEMOKRASI

2014 ◽  
Vol 3 (1) ◽  
pp. 113
Author(s):  
M. Lutfi Chakim
Keyword(s):  
Local Government ◽  
House Of Representatives ◽  
Legal Research ◽  
Colonial Era ◽  
The People ◽  
Election System ◽  
History Of ◽  
The Republic ◽  
The Government ◽  
Method Approach

Pemilihan kepala daerah (pilkada) secara langsung adalah suatu mekanisme yang berfungsi sebagai pelaksanaan demokrasi. Namun, dalam perjalanannya muncul ketidakpuasan berbagai pihak untuk tidak lagi menggunakan sistem pemilihan gubernur secara langsung. Hal itulah yang menjadi dasar bagi Pemerintah untuk mengusulkan sistem pemilihan gubernur oleh Dewan Perwakilan Rakyat Daerah (DPRD) melalui Rancangan Undang-undang tentang Pemilihan Kepala Daerah (RUU Pilkada). Usulan perubahan sistem tersebut merupakan topik yang sangat serius, karena berpotensi mengingkari kedaulatan rakyat yang dijamin dalam UUD 1945. Dengan menggunakan metode penelitian yuridis normatif, dapat disimpulkan bahwa, pertama , pemilihan secara langsung merupakan satu-satunya cara yang paling efektif untuk memaknai frasa ”dipilih secara demokratis” sebagaimana dimuat dalam Pasal 18 ayat (4) UUD 1945. Kedua , sejarah pemilihan kepala daerah ditandai dengan diberlakukannya berbagai peraturan perundang-undangan terkait dengan pemerintahan daerah mulai sejak masa kolonial hingga reformasi. Ketiga , sistem pemilihan gubernur secara perwakilan oleh DPRD merupakan kemunduran bagi demokrasi. Oleh karena itu, pemerintah perlu mengambil pelajaran dari sejarah sistem pemilihan kepala daerah. Setelah itu, diharapkan pemerintah dapat meninjau kembali kebijakannya tentang sistem pemilihan kepala daerah oleh DPRD yang tertuang dalam RUU Pilkada.<p>Local government election directly is a mechanism of democracy implementation. However, it doesn’t work as expectation while disappointing parties urge to not use governor election system directly anymore. That’s the basis for the Government to propose Governor election system by House of representatives through Draft Law About the local government elections. The proposal to change the system of the local government elections is a very serious topic, because it has to deny the sovereignty of the people in the Republic of Indonesia’s 1945 Constitution potentially. Using normative legal research method approach, it could be concluded that, first, government election directly is the most effective way to interpretate the phrase ”democratically elected” as mentioned in article 18 verse (4) of the Republic of Indonesia’s 1945 Constitution. Second, the history of local government elections marked by the enactment of various regulations on Local Government since the colonial era to the reform. Third, the Governor election system by House of representatives is a setback for democracy. Therefore, the Government needs to learn from the history of local government election. After all, the government expected to review its policy about local government election system by House of representatives in draft Law About the local government elections.</p>

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

Local Government, Passive Defense and Aerial Bombardment in Barcelona during the Spanish Civil War, 1936–9

2021 ◽  
pp. 002200942199789
Author(s):  
David A. Messenger
Keyword(s):  
Civil War ◽  
Local Government ◽  
Spanish Civil War ◽  
Regular Feature ◽  
The Public ◽  
Republican Government ◽  
The Republic ◽  
Civilian Defense ◽  
Regional Authorities

The bombardment of civilians from the air was a regular feature of the Spanish Civil War from 1936 to 1939. It is estimated some 15,000 Spaniards died as a result of air bombings during the Civil War, most civilians, and 11,000 were victims of bombing from the Francoist side that rebelled against the Republican government, supported by German and Italian aviation that joined the rebellion against the Republic. In Catalonia alone, some 1062 municipalities experienced aerial bombardments by the Francoist side of the civil war. In cities across Spain, municipal and regional authorities developed detailed plans for civilian defense in response to these air campaigns. In Barcelona, the municipality created the Junta Local de Defensa Passiva de Barcelona, to build bomb shelters, warn the public of bombings, and educate them on how to protect themselves against aerial bombardment. They mobilized civilians around the concept of ‘passive defense.’ This proactive response by civilians and local government to what they recognized as a war targeting them is an important and under-studied aspect of the Spanish Civil War.

The Vaccine Revolt of 1904, Rio de Janeiro, Brazil

2021 ◽  
Author(s):  
Henrique Cukierman
Keyword(s):  
Working Class ◽  
Rio De Janeiro ◽  
Due Process ◽  
Smallpox Vaccine ◽  
Women's Bodies ◽  
Women's Voices ◽  
The Public ◽  
The People ◽  
History Of ◽  
Black Poor

A review of the literature on the Vaccine Revolt shows that it continues to be treated in an overly simplistic manner as a “structure” subjected to some form of regulation, from which its dynamics can be explained and its “root causes” identified. It is possible to forge a new, more cautious historiographical path, seeking to view this “structure” as a rhizome, as a loosely connected ensemble that exists under unstable circumstances whose precarious (dis)order cannot be grasped in its complexity by a reductionist analysis. Another historiographical approach that can shed new light on the popular revolt of 1904 situates it in the context of its links to the history of the smallpox vaccine and its diffusion. Viewing the episode as equally relevant to the history of science and technology, this article proposes to “vaccinate the Vaccine Revolt”—that is, to reintroduce the smallpox vaccine as a protagonist in the events—highlighting the need to treat the revolt as a chapter of a sociotechnical history; after all, what could be more sociotechnical than a technoscientific artifact that gave its name to a popular revolt? This is a history of scientists convinced of the superiority of their technical knowledge and of their right to exercise their power for the good of the public, who would be obliged to comply; most of all, it is a history without the problematic distinctions between content and context, between rationality and irrationality, between science and society. It is also a history of the popular mobilization on the streets of downtown Rio de Janeiro, exemplified by the vigorous resistance mounted in the working-class neighborhood of Saúde under the command of the Black man known as Prata Preta, which serves as a counterpoint to top-down historical narratives more concerned with the comings and goings of White political elites and coup-plotting, positivist-inspired generals, marked by the symptomatic exclusion of Black and working-class actors. It also serves to emphasize the symptomatic absence of the voice of Prata Preta, who was imprisoned and summarily banished without any due process. The fact that he was silenced has made it easier to construct allegories about “the people,” portraying them as heroic opponents of elite oppression or the exact opposite: an antiheroic, dangerous, and disposable rabble. Among the entourage of characters who have been silenced, one should also note the absence of women’s voices; although vaccine opponents rallied around the claim that they were defending against the “violation” of women’s bodies, nothing was heard from women’s mouths. Finally, revisiting the history of the Vaccine Revolt offers another opportunity to unmask the project of an authoritarian political, military, and scientific elite, with a particular focus on Oswaldo Cruz, one of Brazil’s greatest champions of science. In the name of science and public health, that elite envisioned a modern Brazil, while remaining ignorant of the daily nightmare lived by the vast majority of the Black, poor, and marginalized population.

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