scholarly journals As cortes e os desafios da era digital: a vigilância na jurisprudência comparada

2021 ◽  
Author(s):  
José Adércio Leite Sampaio
Keyword(s):  
The State ◽  
Fundamental Rights ◽  
Digital Society ◽  
Intelligence Agencies ◽  
New Challenges ◽  
Met Expectations ◽  
Mass Surveillance

Resumo: a sociedade digital criou os instrumentos para a vigilância massiva dos indivíduos pelo Estado, sob a retórica da securitização. O medo do terror ou do extermínio estaria a justificar esse novo papel estatal. Se as leis deixam lacunas normativas e semânticas de controle, a servirem mais para legitimar do que para limitar os órgãos de inteligência, o Judiciário parece ainda confuso em meio aos novos desafios e tentações de vigilância e o seu papel de proteção dos direitos fundamentais. O presente artigo analisa como o Judiciário respondeu a essa chamada de responsabilidade. Como metodologia procurou-se lançar um (primeiro) olhar sobre o problema e tentar responder se o Judiciário, como uma tradicional e requisitada garantia dos direitos, tem atendido às expectativas de prevenção e reparação. Avaliou-se o repertório de jurisprudência de alguns Estados, aqueles em que as questões já vieram à discussão judicial, seguindo-se, numa metodologia comparativa e indutiva, que se vale da revisão bibliográfica como ancoradouro da reflexão.Palavras-chave: sociedade digital, Estado de vigilância, retórica de securitização, Judiciário.  Abstract: the digital society created the instruments for the mass surveillance of individuals by the State, under the rhetoric of securitization. Fear of terror or extermination justifis this new state role. If the laws leave normative and semantic control gaps, serving more to legitimize than to limit the intelligence agencies, the Judiciary still seems confused amid the new challenges and temptations of surveillance, and its role in protecting fundamental rights. This article analyzes how the Judiciary responded to this call for responsibility. As a methodology the article tried to take a (first) look at the problem and then to answer whether the Judiciary, as a traditional and requested guarantee of rights, has met expectations for prevention and repair. The repertoire of jurisprudence of some states was evaluated, those in which the issues have already come to judicial discussion, followed by a comparative and inductive methodology, which uses the bibliographic review as an anchor for reflection.Keywords: digital society, surveillance State, securitization rhetoric, Judiciary.

Unresolved Issues of Partition Politics

2018 ◽  
Author(s):  
Udayon Misra
Keyword(s):  
The State ◽  
New Wave ◽  
Displaced Persons ◽  
National Register ◽  
The Status ◽  
New Challenges

The concluding chapter takes up what it sees to be some of the major unresolved issues of Partition politics. While it tries to trace the roots of the violence centred around land in several areas of Assam, especially in the Bodo-inhabited region, it shows how issues such as the controversy over the cut-off year for immigrants to acquire citizenship are carry-overs from Partition days. Other major issues that are discussed include the status of Hindu refugees/displaced persons in the state, the National Register of Citizens, and the larger question of language and Assamese identity. It shows how with the new wave of immigrants being assimilated into the Assamese nationality, its transformation is underway and how this transformation itself throws up new challenges and equations.

Influence of digitalization on the public policy forming in Ukraine

2021 ◽  
Author(s):  
N. Kalashnyk
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Digital Technologies ◽  
The State ◽  
Digital Society ◽  
Administrative Services ◽  
The Public ◽  
Digital Space ◽  
Technical Literacy ◽  
Ukrainian Society

Problem setting. The COVID-19 pandemic, global quarantine, quarantine restrictions created the conditions for society to react quickly. Digital technologies are now being used more intensively, and the public administration sector is no exception. At the same time, the country's development requires systematic strategic and tactical decisions that will accelerate the introduction of modern digital technologies in all spheres of Ukrainian society, also forming and implementation of public policy at various levels of government. The analysis of recent researches and publications. Problems of digital society are studied by such Ukrainian scientists as O. Klepanchuk, O. Petryk, S. Lisovsky, S. Romanyuk, L. Rudenko (the emphasis – achieving by Ukraine the goals of sustainable development, where the development of the digital society is considered as one of the tools); issues of implementation of e-government and e-democracy are studied by A. Emelyanova, S. Loboyko, O. Maevska, A. Semenchenko, V. Dreshpak; research on the implementation of public policy in a particular area, including in the field of justice and the provision of administrative services, are among the research interests of Y. Starylov, J. Sobko, I. Markvych and others. Among foreign researchers, these issues are being investigated by C. Emmanuelli, N. Jain, N. Maechler, D. Malfara etc. Highlighting previously unsettled parts of the general problem: the main contradictions, trends, problems and prospects for the provision of digital public services, based on the conditions created by the COVID-19 pandemic, namely – the application of quarantine restrictions; influence of digitalization on the public policy forming in Ukraine. Paper main body. The article analyzes the problems inherent in modern Ukrainian society in connection with the rapid digitalization processes, that have taken place over the past year. The influence of digitalization on the forming and implementation of public policy is considered on the example of the activity of the Ministry of justice of Ukraine. Based on the results of a survey of civil servants and local government officials conducted by the author, the main trends, problems and prospects for providing public services online are identified. 2020 turned out to be the crisis year for all mankind on the one hand, and on the other hand – it encouraged the rapid development of certain industries, including the field of digital transformation. In public administration, this has been embodied in promoting the use of digital services and governance platforms. In the direction of forming and implementation of justice state policy main efforts are aimed at building online interaction between citizens and the state, reducing the number of paper documents, more efficient administration of open state registers, ensuring control at each step of citizens' appeals, reducing corruption risks. minimization of the human factor in the processes of providing administrative services. The author conducted the survey among students of the Lviv Regional Institute for Public Administration of the National Academy for Public Administration under the President of Ukraine on the provision of administrative services online. 66 applicants from eight regions of Ukraine were involved in the survey. The question was asked: what hinders the development of administrative services online? Among the answers, the most common are (in order from most popular to least): low technical literacy of service consumers; technical unpreparedness of networks;  unpreparedness of the citizens; unpreparedness of officials; insecurity of the information processed; lack of habit to use online;   distrust to the state. Conclusions of the research and prospects for further studies. Contradictions of the digital society development in Ukraine include: the digital divide (the gap in the level of digital equipment); technological unemployment; digital dependence and digital control; digital opportunities for crime; unlimited digital space and its content; the need for large-scale efforts and resources to address the digital space, and needs will only increase; unavailability of information created by bodies-not information managers; form of obtaining information, information is created or obtained in a form unsuitable for machine processing; method of information processing – non-interoperability of data sets from different managers. Among the factors that will determine digitalization processes on the public policy forming in Ukraine, we consider: increasing the technical literacy of service consumers; improving the technical readiness of networks; work with the population to promote the tools of consumption of administrative services online; training of officials to work in the digital space; taking measures to protect information held by the authorities; forming the habit of using online in the field of forming and implementation the public policy; increasing the level of trust to the state.

scholarly journals Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana
Keyword(s):  
Rule Of Law ◽  
House Of Representatives ◽  
Critical Appraisal ◽  
Balance Of Power ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Power Limits ◽  
The Government

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.

scholarly journals A Pandemia Covid-19 e o Estado de Emergência em Portugal: Breves Considerações Sobre Políticas Públicas

2020 ◽  
Vol 14 ◽  
pp. 33-45
Author(s):  
Leandro Berenguer ◽  
◽  
Keyword(s):  
Civil Society ◽  
Public Policies ◽  
Third Republic ◽  
Theoretical Framework ◽  
The State ◽  
Fundamental Rights ◽  
Top Down ◽  
State Of Emergency ◽  
The Third ◽  
First Time

The COVID-19 pandemic prompted States to adopt exceptional measures to contain their spreads rates and therefore mitigate their effects. In Portugal there was a need to resort to the figure of the state of emergency, being used for the first time since the foundation of the third Republic. To respond to a situation of public calamity, the suspension, albeit partial, of fundamental rights, freedoms and guarantees was used, adopting measures with repercussions in the most varied areas of civil society. Based on the security context of a State, this article intends to analyse the declarations of the state of emergency in Portugal in the light of the theoretical framework of public policies, reflecting on the process of implementing the state of emergency. To this end, the top-down and bottom-up approaches are placed in confrontation as the main theories of public policies implementation in the analysis of the unprecedented political context in Portugal.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals INFORMATIZATION OF SOCIAL PROVIDING AS A MAIN ELEMENT IN THE FORMATION OF DIGITAL ECONOMY

2020 ◽  
pp. 95-106
Author(s):  
Halyna KULYNA ◽  
Nataliya NALUKOVA
Keyword(s):  
Information Systems ◽  
Social Policy ◽  
Social Security ◽  
Social Services ◽  
Social Protection ◽  
The State ◽  
Information Space ◽  
Digital Society ◽  
Social Sphere ◽  
The Social

Introduction. In the conditions of digital society formation, the informatization of the social security sphere is a necessary component and guarantee of successful implementation of social policy aimed at quality and timely satisfaction of citizens' needs. Therefore, a prerequisite for the effective functioning of social protection and public service authorities is the development and technical innovation of social services and channels for their implementation through automated information systems, should be consistent with the innovation strategy of development of the social sphere as a composite digital economy of the state. Purpose is to substantiate the expediency of application of the newest digital technologies in the sphere of social security and novelization of social services on this basis, as well as to reveal features and advantages of social protection of the population through automated information systems and channels of their implementation. Results. The necessity and role of informatization in the modern digital society and the main challenges that lead to its implementation in the field of social security have been substantiated. The key automated information systems, which contribute to the construction of a common information space of the social sphere and allow to increase social protection of the population in domestic conditions, as well as the emergence of a new service-oriented social service with a wide range of information and communication services, have been analyzed. The necessity of training and retraining of highly qualified creative specialists of new specialties was noted and generalized principles of systems of skills development in the conditions of informatization, which are important in the selection of social workers, were defined. Conclusions. Social protection and social welfare institutions, when formulating their own strategies, should consider the information and communications technology vector of development as an essential means of improving their functioning, since this will determine the effectiveness of social policy implementation in the State and the level of satisfaction of citizens with social services. The results of informatization of social processes are manifested in the implementation of automated information systems and the construction of a single unified information space of social security, the development of new service products, electronic filing of documentation and simplification of procedures for obtaining social security, transparency of social security and, as a result, successful social policy.

Judgment No. 238 – 2014 (IT. Const. Ct.)

2015 ◽  
Vol 54 (3) ◽  
pp. 471-506
Author(s):  
Alessandro Chechi
Keyword(s):  
The State ◽  
Legal Order ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
International Court Of Justice ◽  
State Immunity ◽  
Court Of Justice ◽  
International Court ◽  
Constitutional Legitimacy

On October 22, 2014, the Italian Constitutional Court rendered a decision on the constitutional legitimacy of certain domestic norms that required Italy’s compliance with the rule on state immunity sanctioned by the International Court of Justice (ICJ) with the Judgment Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening). The Constitutional Court declared that the international customary obligations on state immunity from jurisdiction can be applied automatically within the Italian legal order only as long as they are in conformity with the fundamental rights contained in the Constitution.

Knowledge economy and digital bureaucracy. What do experts discuss?

2020 ◽  
Author(s):  
Marat R. Biktimirov ◽  
Keyword(s):  
Knowledge Economy ◽  
National Policy ◽  
Digital Transformation ◽  
The State ◽  
New Challenges ◽  
Distance Work

The problems discussed at the sessions of the Expert Board for Knowledge Economy Management and the Expert Board for Debureaucratization in Education and Science of the State Duma Committee for Education and Science are reviewed. New challenges of swollen digital bureaucracy, distance work modes and need for verified expertize call for shaping appropriate national policy, are discussed. The focus is made on efficiency of administration in education and science at the stage of digital transformation.

The concept and socio-economic essence of the constitution as the fundamental law of the state

2020 ◽  
Vol 59 (10) ◽  
pp. 101-104
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Political Institutions ◽  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
The People ◽  
Legal Document ◽  
The Will ◽  
Fundamental Law ◽  
The Republic ◽  
Fundamental Rights And Freedoms

The Constitution is the fundamental law not only of the state, but also of society, expressing the will of statehood and the sovereignty of the people. The Constitution establishes the fundamental rights and freedoms of man and citizen, socio-political institutions of power and a system of self-government of the people and acts as a legal basis for the formation and development of civil society. The constitution can be viewed as a micromodel, a legal symbol of society. It is within its borders and on its basis that the mechanism of state power operates, the rights and freedoms of citizens are protected, the directions of social development are determined. The Constitution of the Republic of Azerbaijan is a fundamental legal document establishing sovereignty, independence and supremacy of state power. The Constitution of the Republic of Azerbaijan covers not only the structure of the state, but also non-state spheres - the foundations of the socio-economic structure, the cultural life of society, the rights, freedoms and duties of a person and a citizen. Key words: constitution, right, state, law, society, fundamental law, regulation, human rights and freedoms

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