scholarly journals Raymond Carré de Malberg – mało znany inspirator V Republiki Francuskiej

2020 ◽  
Vol 29 (5) ◽  
pp. 329
Author(s):  
Kazimierz Michał Ujazdowski
Keyword(s):  
French Revolution ◽  
Executive Power ◽  
Intellectual Culture ◽  
Fifth Republic ◽  
Logical Sequence ◽  
Scientific Justification ◽  
French Theory ◽  
Power Restoration ◽  
The Republic ◽  
The One

<p>The Fifth French Republic owes its originality and permanence to Charles de Gaulle’s constitutional convictions and his determination to reform. However, in the case of France, which intellectual culture presupposes that institutions are shaped by a logical sequence of ideas, also the scientific justification of the political change must have been of great importance. The author of the theoretical rationalization of the Fifth Republic and its institutional revolution within the republican tradition was the forgotten lawyer Raymond Carré de Malberg. Pioneering nature of his writings may not raise any doubts. Carré de Malberg challenged a theory of parliament’s sovereignty from the republican perspective, which had an impact on thinking of the juristic elites participating in drafting the Fifth Republic Constitution. Carré de Malberg opened the door of republican tradition wide to the general presidential elections and referendum. He delineated the solution he recommended as the one that was in full accord with the notions and principles of the French Revolution. He applied the legal language to underscore the fact that the republic democratization would allow for the subjectivization of the executive power, restoration of the constituting power of the nation, primacy of the constitution and, consequently, the review of the constitutionality of bills. Carré de Malberg made a breakthrough in the French theory of constitutional law and thus opened up an opportunity for staging a republican institutional revolution that was an act of the founders of the Fifth Republic.</p>

The Republic of France

2021 ◽  
pp. 157-188
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
French Revolution ◽  
Judicial Review ◽  
Separation Of Powers ◽  
The United States ◽  
Executive Power ◽  
Checks And Balances ◽  
Fifth Republic ◽  
National Assembly ◽  
The Republic

This chapter looks at French judicial review. From the French Revolution of 1789 up until the adoption in 1958 of the Constitution of the Fifth Republic, the Republic of France refused to tolerate any kind of judicial review of the constitutionality of legislation. The traditional French view was that judicial power is oligarchic, opposed to progressive causes, and should be contained as much as possible. The 1958 French Constitution provides an elaborate system of checks and balances with its bicameral legislature consisting of the National Assembly and the Senate; with its division of the executive power between the president and the prime minister (who can be from opposite political parties); and with its increasing focus on decentralization. As such, just as federalism umpiring helped to give rise to judicial review in the United States, Canada, Australia, Switzerland, and India, so too did separation of powers umpiring help to give rise to judicial review in France. Judicial review in France was hugely expanded in 1971, for rights from wrongs reasons; in 1974, for insurance and commitment reasons; and in 2008, for borrowing reasons.

Régis Debray – the Last Oracle of the French Republic

2021 ◽  
pp. 92-102
Author(s):  
Natalia A. Rutkevich ◽  
Keyword(s):  
Political Culture ◽  
French Revolution ◽  
Anglo Saxon ◽  
Basic Principles ◽  
Western Atlantic ◽  
Revolutionary Movement ◽  
Late Work ◽  
The Republic ◽  
The One ◽  
Che Guevara

The article examines the main themes of the work of Régis Debray, one of the most important French philosophers and writers of our time. Debray is familiar to Russian readers primarily as an associate of Che Guevara and a theorist of the Cuban revolutionary movement, as well as the author of works on mediology – a science he himself created on the study of the transmission of ideas and sym­bols. Central to his mature and late work are the ideas of sacred in human com­munities, the conditions of the emergence, transmission and disappearance of re­ligious, national and other forms of sacrality, and the related evolution of world civilizations. Debray is recognized by his peers as one of the most perceptive an­alysts of French political culture, and his article, Are you a Democrat or a Re­publican?, written in the year of the bicentennial of the French revolution in 1989, anticipates the processes that will unfold over the next thirty years. Debray describes these processes as a gradual desacralization of the Republic, the emas­culation of its basic principles and its transformation into “a common Anglo-Saxon democracy”. As a result, the “one and indivisible secular Republic” is falling apart into communities, each of which establishes its own shrines. The dissolution of France’s particular republican model is taking place in the background, and as part of a more global process of the decline of European civilisation and its dissolution into Western Atlantic civilisation.

scholarly journals Position of witness in the judge power system in Indonesia

2020 ◽  
Vol 9 ◽  
pp. 254-258
Author(s):  
Yudo Adiananto ◽  
Abdul Rachmad Budiono ◽  
Tunggul Anshari SN ◽  
Iwan Permadi
Keyword(s):  
Power System ◽  
State Power ◽  
Government Agency ◽  
Judicial Power ◽  
Executive Power ◽  
Legal Problems ◽  
The Republic ◽  
The One

The prosecutor's position as a government agency that carries out state power in the field of prosecution has resulted in its own legal problems.  The Attorney General's Office, on the one hand, is part of a government agency (executive) and is carrying out a prosecution (judicial) function. There is a conflict of norms in the regulation between Article 2 paragraph (1) of Law No.  30 of 2004 concerning the Attorney General's Office of the Republic of Indonesia with Article 38 paragraph (1) and paragraph (2) letter b of Law No. 48 of 209 concerning Judicial Power. The Prosecutor's Office in carrying out its authority independently and independently in the field of prosecution is difficult to be separated from the influence of the power of the authorities, because the Prosecutor's position is under the executive power.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

The interaction of higher education system with the labor market: A study of the labor market in the regions of the Volga Federal District

2020 ◽  
Vol 26 (2) ◽  
pp. 456-480
Author(s):  
R.B. Galeeva
Keyword(s):  
Higher Education ◽  
Labor Market ◽  
Education System ◽  
Federal District ◽  
Highly Qualified ◽  
Expert Survey ◽  
Higher Education System ◽  
Qualified Personnel ◽  
The Republic ◽  
The One

Subject .This article discusses the need to bring into line with the future activities of specialists the content of their preparation, the formation of a system model of higher education, which takes into account today's and prospective requirements of the labor market. Objectives. The article aims to research the labor market in four regions of the Volga Federal District of the Russian Federation: the Republic of Tatarstan, Mari El Republic, Chuvash Republic, and the Ulyanovsk oblast, as well as discuss problems and prospects of interaction of universities with enterprises and organizations of these regions. Methods. For the study, I used the methods of logical and statistical analyses, and in-depth expert survey. Results. The article analyzes the state of regional labor markets, presents the results of the expert survey of labor market representatives and heads of the regional education system, and it defines possible ways of harmonizing the interaction of universities with the labor market. Conclusions. The article notes that although the number of employed with higher education is growing, at the same time there is a shortage of highly qualified personnel in certain professions, on the one hand, and unskilled workers, on the other. Also, the article says that the universities do not prepare the necessary for the regions specialists in a number of professions or they provide a set of competencies different from the requirements of the labor market, so it is necessary to form and develop effective directions of cooperation between educational institutions and employers.

The Normalization of Sino-French Diplomatic Relations in 1964 and the Formation of the “One-China” Principle: Negotiations over Breaking French Diplomatic Relations with the Republic of China Government and the Recognition of the People’s Republic of China as the Sole Legitimate Government

2012 ◽  
Vol 8 (1) ◽  
pp. 252-271
Author(s):  
Madoka Fukuda
Keyword(s):  
The United States ◽  
People’S Republic Of China ◽  
Diplomatic Relations ◽  
People's Republic Of China ◽  
African Countries ◽  
Republic Of China ◽  
The Republic Of China ◽  
The Republic ◽  
The Government ◽  
The One

AbstractThis article examines the substance and modification of the “One-China” principle, which the government of the People’s Republic of China (PRC) pursued in the mid 1960s. Under this principle, a country wishing to establish diplomatic relations with the PRC was required first to break off such relations with the Republic of China (ROC). In 1964 the PRC established diplomatic relations with France. This was its first ambassadorial exchange with a Western government. The PRC, in the negotiations over the establishment of diplomatic relations, attempted to achieve some consensus with France on the matter of “One-China”. The PRC, nevertheless, had to abandon these attempts, even though it demanded fewer conditions of France than of the United States (USA), Japan and other Western countries in the 1970s. The PRC had demanded adherence to the “One-China” principle since 1949. France, however, refused to accept this condition. Nevertheless, the PRC established diplomatic relations with France before the latter broke off relations with the ROC. Subsequently, the PRC abandoned the same condition in negotiations with the African governments of the Republic of Congo, Central Africa, Dahomey and Mauritania. After the negotiations with France, the PRC began to insist that the joint communiqué on the establishment of diplomatic relations should clearly state that “the Government of the People’s Republic of China is the sole legal government of China”. However, France refused to insert these words into the communiqué. Afterwards, the PRC nevertheless insisted on putting such a statement into the joint communiqués or exchanges of notes on the establishment of diplomatic relations with the African countries mentioned above. This was done in order to set precedents for making countries accede to the “One-China” principle. The “One-China” principle was, thus, gradually formed in the process of the negotiation and bargaining between the PRC and other governments.

Paradoxes of democracy: Rousseau and Hegel on democratic deliberation

2021 ◽  
pp. 019145372199070
Author(s):  
Lorenzo Rustighi
Keyword(s):  
Social Contract ◽  
Relevant Literature ◽  
Executive Power ◽  
Democratic Participation ◽  
Democratic Deliberation ◽  
Pluralistic Society ◽  
Critical Response ◽  
The Social ◽  
The Republic ◽  
Deliberative Processes

In this article, I engage with what relevant literature addresses as the ‘paradox of democracy’ and trace it back to the dialectic between authorization and representation established by social contract theories. To make my argument, I take Rousseau’s Social Contract as a paradigmatic example of the paradox and analyse it in light of Hegel’s critical response. My aim is to show that, although Rousseau rejects the idea of representing the popular will, representation resurfaces in his Republic from top to bottom and engenders a structural opposition between citizens and rulers: drawing on the Hegelian scrutiny of contractarianism, I focus on three key moments in Rousseau’s theory, namely the Lawgiver, the majority rule and the executive power. After illustrating how the social contract undermines democratic participation in deliberative processes, I suggest that Hegel’s philosophy of right overcomes the paradox by positively assuming it as a dialectical contradiction that requires a specific constitutional approach to democracy. In this sense, I argue, the Hegelian perspective on democratic deliberation helps us to better frame Rousseau’s ambition to conceive the Republic as a free community of equals and urges us to elaborate a more coherent understanding of participation in a pluralistic society.

scholarly journals Abraham Lincoln

1882 ◽  
Vol 10 ◽  
pp. 312-343
Author(s):  
Isaac N. Arnold
Keyword(s):  
American History ◽  
Abraham Lincoln ◽  
The Other ◽  
English Speaking ◽  
The Republic ◽  
English Speaking World ◽  
The One

The noblest inheritance we Americans derive from our British ancestors is the memory and example of the great and good men who adorn your history. They are as much appreciated and honoured on our side of the Atlantic as on this. In giving to the English-speaking world Washington and Lincoln we think we repay, in large part, our obligation. Their pre-eminence in American history is recognised, and the republic, which the one founded and the other preserved, has already crowned them as models for her children.

Jan Hardy versus Likwidator. Comics als Medien der gesellschaftlichen Spaltung Polens

2021 ◽  
Vol 2021 (1) ◽  
pp. 43-62
Author(s):  
Agnieska Balcerzak
Keyword(s):  
Second World War ◽  
Culture War ◽  
Current State ◽  
Memory Culture ◽  
History Of ◽  
Projection Surface ◽  
The Republic ◽  
Political Spectrum ◽  
The One ◽  
Second World

This article at the intersection of cultural studies of popular and memory culture deals with the genre of comics as an identity-forming (protest) medium and projection surface for the ideologised “culture war” between traditionalists and modernists in contemporary Poland. The analysis focuses on two historical comics that combine facts and imaginary and refer back to the Second World War, the communist period and the recent history of the Republic of Poland after 1989. The article juxtaposes two title heroes and their comic worlds, which represent opposite ends of the political spectrum and reveal the problem areas of Poland’s dividedness along the underlying canon of values and symbolic worlds: Jan Hardy, the national-conservative “cursed soldier”, and Likwidator, the relentless “anarcho-terrorist”. The characters and their adventures exemplify fundamental memory cultural, religious, nationalist and emancipatory discourses in Poland today. The focus of the analysis lies on the creation context and the (visual) language with its narrative-aesthetic intensifications, which illuminate Poland’s current state of conflict between national egoism and traditional “cultural patriotism” on the one hand and liberal value relativism with its progressive-emancipatory rhetoric on the other.

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