scholarly journals The Centre–Periphery Antagonism in Adjudication: A Case Study on the Spatial Dimension of the Political

2021 ◽  
Vol 94 ◽  
pp. 121-140
Author(s):  
Rafał Mańko
Keyword(s):  
Social Group ◽  
Western Europe ◽  
Social Protection ◽  
Labour Force ◽  
Spatial Dimension ◽  
Fundamental Rights ◽  
The Political ◽  
Court Case ◽  
Equal Rights ◽  
Cheap Labour

One of the key elements of the critical theory of adjudication is the identification of an objective antagonism that is at stake behind a given court case. The identification of the antagonism allows to develop an axis, along which interpretive possibilities can be spread and arranged from those most favourable to social group A (e.g. workers) to that most favourable to social group B (e.g. businesses). The paper discusses the famous Laval–Viking case-law which was concerned with the fundamental rights of workers (right to strike and undertake collective action) and their relation to the economic freedoms of businesses, seeking to escape the high standards of worker protection in their own country either by changing the flag of a ship to a flag of convenience (Viking) or by importing cheap labour force from abroad, without guaranteeing the workers equal rights (Laval). Whereas the vast majority of scholars have interpreted the Viking–Laval jurisprudence as relating to the fundamental socio-economic antagonism opposing workers and businesses, the Slovenian scholar Damjan Kukovec has proposed an alternative reading. According to him, the real antagonism is ultimately between workers from the periphery (Central Europe, in casu Baltic countries) and workers from the centre (Western Europe, in casu Scandinavian countries). By introducing the spatial dimension to the political, Kukovec entirely changes the formulation of the underlying antagonism. The paper engages critically with Kukovec’s analysis and argues that the objective interest of Central European workers lies not in selling their labour at dumping prices, but gaining the same guarantees of social protection as existing in the West.

scholarly journals Islam as a Civilizational Threat: Constitutional Identity, Militant Democracy, and Judicial Review in Western Europe

2020 ◽  
Vol 21 (6) ◽  
pp. 1228-1256
Author(s):  
Malthe Hilal-Harvald
Keyword(s):  
Judicial Review ◽  
Liberal Democracy ◽  
Western Europe ◽  
The State ◽  
Fundamental Rights ◽  
Decision Makers ◽  
The Political ◽  
Political Decision ◽  
Imminent Threat ◽  
Constitutional Identity

AbstractMultiple laws and regulations in Western Europe have been enacted on the premise that headscarves and face veils constitute an existential threat to the constitutional identity of the respective legal systems. Thus, the logic of militant democracy as a justification for restricting fundamental rights have been applied in order to restrict the freedom to manifest one’s religion. Yet, the politicymakers claiming to defend the constitutional identity through militant democracy have not been able to prove the existence of a concrete, imminent threat against the state from the women who wear headscarves or face veils. Nonetheless, the European judiciaries have taken the political claim at face value and allowed the restrictions without compelling the political decision-makers to provide substantive justifications. Thus, the cases of headscarves and face veils offer a prism, through which we can study fundamental paradoxes of liberal democracy and constitutionalism.

scholarly journals Internationalization process and changes in Slovak milk industry

2012 ◽  
Vol 51 (No. 8) ◽  
pp. 357-361
Author(s):  
I. Ubrežiová
Keyword(s):  
Strategic Alliances ◽  
Western Europe ◽  
Labour Force ◽  
Raw Material ◽  
Milk Products ◽  
Milk Processing ◽  
Cheap Labour ◽  
Milk Industry ◽  
Quality Of Milk

The Slovak milk industry has overcome substantial changes during last period and has achieved many criteria comparable with the Western Europe. From this viewpoint, we can state that the quality of milk and milk products, technological equipment and labour efficiency has been improved. Entering of the foreign capital into the Slovak milk processing enterprises increases the quality of products and the volume of processed raw material. The foreign investors choose Slovak enterprises for many reasons. These are: the limited assortment of milk products, cheap labour force in comparison with its value in the EU, cheaper material for production and the necessary energy. In the world, the process of internationalization is necessary together with fusion, strategic alliances and acquisitions, including the private or co-operative companies. The biggest foreign strategic investors are in the following joint stock companies, for example – Liptovská mliekareň, a.s. Liptovský Mikuláš (Bongrain France), Milsy, a.s. Bánovce nad Bebravou (Lactoprot Austria), Rajo, a.s. Bratislava (Meggle Austria and Germany), former Zempmilk, a.s. Michalovce, now Syráreň Bel Slovensko, a.s. (Fromageries Bel France) and others. These companies include more than 52% of the number of big industrial milk processing enterprises in total and during the last period they bought more than 52.5% of the whole milk production in Slovakia.

The National Commitment to Civil Equality, 1861–1870

2020 ◽  
pp. 49-78
Author(s):  
Donald G. Nieman
Keyword(s):  
African American ◽  
Civil Rights ◽  
Political Process ◽  
Fundamental Rights ◽  
The Political ◽  
Equal Rights ◽  
Civil Rights Act ◽  
Local Officials ◽  
State And Local ◽  
Civil War Era

This chapter argues that the Constitution was transformed during the Civil War era, making it a charter of liberty and individual rights rather than a document concerned principally with federal relations, property rights, and protection of slavery. During the war, Republicans, abolitionists, and African American activists tied preservation of the Union to emancipation, culminating in adoption of the Thirteenth Amendment. During Reconstruction the Fourteenth and Fifteenth Amendments, Civil Rights Act of 1866, Reconstruction Acts, and Enforcement Acts gave substance to emancipation. Taken together, these measures established color-blind citizenship and guaranteed national protection for the fundamental rights of all citizens. African Americans eagerly grasped these rights and used them to assert their independence of whites. They eagerly participated in the political process, electing state and local officials who were responsive to their demands for equal rights and personal security.

scholarly journals WOMEN’S POLITICAL RIGHTS IN A SOCIETY OF GENDER EQUALITY

2021 ◽  
Vol 117 (4) ◽  
pp. 132-140
Author(s):  
BONDARENKO Nataliia
Keyword(s):  
Gender Equality ◽  
Gender Stereotypes ◽  
Social Protection ◽  
International Standards ◽  
Political Activity ◽  
The Political ◽  
Gender Quotas ◽  
Political Rights ◽  
Equal Rights ◽  
National Legislation

Background. In the XX-XXI centuries politics is becoming an increasingly professional field of activity, to which more and more women are joining. Insufficient representation of the latter in state bodies gives grounds for doubts about the democracy of the state system, which determined the relevance of the study. Analysis of recent research and publications. Various aspects of the position of woman in Ukrainian politics have been studied by T. Martseniuk, Ya. Radysh, V. Smachylo, and G. Yurovska, but today we are required to carry out a comprehensive legal analysis of the formation of a gender equality society in Ukraine. The aim of the article is to study national legislation on the issue of gender equality in the political sphere, taking into account international standards; analysis of mechanisms for increasing the number of women in politics based on the generalization of the experience of developed democracies. Materials and methods, that were used - dialectical, comparative analysis, systemic, formal and legal scientific methods and principles. Results. An important aspect of the struggle of women for their political rights was that the latest constitutions of the states enshrined the principle of equality of citizens, including in the electoral process, regardless of gender, race and political views. Analysis of the political experience of social democracies has shown that the participation of women deputies in the work of parliaments and other representative institutions is extremely important and effective for society as a whole, because they focus on health care, upbringing, education, social protection of population, etc. In Ukraine, equality between woman and man has been established de jure, but gender stereotypes regarding the distribution of roles continue to dominate society and consciousness. The most successful international practices include the creation of a parliament on the basis of gender equality through the application of: positive actions for the implementation of gender quotas; creation of state institutions to monitor the observance of equal rights for women and men; implementation of gender expertise of bills. Conclusion. Our study has improved the thesis that in Ukraine there is an objective need to change the patriarchal type of political culture. In this regard, we have proposed measures that can increase the status of Ukrainian woman in politics: to further monitor national legislation; introduce national mechanisms to ensure the representation of women in government; create the necessary economic conditions for the implementation of women's political activity. Keywords: gender equality, democracy, parliamentarism, women’s political rights.

Serbia under the Swastika

2017 ◽  
Author(s):  
Alexander Prusin
Keyword(s):  
Raw Materials ◽  
Labour Force ◽  
The Political ◽  
New Order ◽  
German Occupation ◽  
The Balkans ◽  
Cheap Labour ◽  
Political Orientations ◽  
Minimal Effort

Serbia occupied a particular place in Hitler’s “New Order” in the Balkans. In April 1941 it was made into a rump condominium ruled by the German military and exploited as a strategic base and a source of raw materials and cheap labour force. Such objectives entailed the utilization of Serbia’s economy and manpower with a minimal effort and spending on the part of Germany. Therefore, the German political and military leadership was willing to side-line the Nazi ideological-racial criteria in favour of more restrained occupation policies. This book, therefore, addresses several interrelated topics such as German occupation as impacted by the political-military situation in the Balkans; rivalries between different German branches, each pursuing their own objectives; the role of native collaboration in the occupation system; the civil war, which reflected the conflict between Serbs of different political orientations in Serbia, and the life of the population at large, which found itself caught between the forces or occupation and resistance. The examination of these issues would enhance an ongoing discussion about the mechanisms of German rule in occupied Europe and the dynamics of national resistance and collaboration.

NCOBPS Fifty Years

2020 ◽  
Vol 1 (1) ◽  
pp. 132-135
Author(s):  
William J. Daniels
Keyword(s):  
Predominantly White ◽  
Black Student ◽  
Personal Narrative ◽  
Fundamental Rights ◽  
The Political ◽  
Political Protest ◽  
Predominantly White Institution ◽  
Significant Events ◽  
White Institution ◽  
The 1960S

This personal narrative recounts the experiences of an NCOBPS founder, who discusses significant events in his life from student to faculty that motivated his professional journey, including his participation in the founding of NCOBPS. It reflects on what it meant to be a black student, and later, a black faculty member teaching at a predominantly white institution in the political science discipline in the 1960s. It also provides a glimpse into how the freedom movements shaped his fight for fundamental rights as a citizen. Finally, it gives credence to the importance of independent black organizations as agents for political protest and vehicles for economic and social justice.

Feminist Perspective in Shashi Deshpande's “That Long Silence”

2018 ◽  
Vol 6 (1) ◽  
pp. 8
Author(s):  
Mohammad Ahashan ◽  
Dr. Sapna Tiwari
Keyword(s):  
Gender Equity ◽  
Social Life ◽  
Fundamental Rights ◽  
Feminist Movement ◽  
Human Beings ◽  
Simone De Beauvoir ◽  
Equal Rights ◽  
And Gender ◽  
Set Up ◽  
Key Aspects

Man has always tried  to determine  and tamper the image of woman and especially her identity is manipulated and orchestrated. Whenever a woman is spoken of, it is always in the relation to man; she is presented as a wife , mother, daughter and even as a lover but never as a woman  a human being- a separate entity. Her entire life is idealized and her fundamental rights and especially her behaviour is engineered by the adherents of patriarchal society. Commenting  on the Man-woman relationship in a marital bond Simone de Beauvoir wrote in her epoch-making book entitled The Second Sex(1949): "It has been said that marriage diminishes man,  which is often true , but almost always it annihilates women". Feminist movement advocates the equal rights and equal opportunities for women. The true spirit of feminism is into look at women and men as human beings. There should not be gender bias or discrimination in familial and social life. To secure gender justice and gender equity is the key aspects of feminist movement. In India, women writers have come forward to voice their feminist approach to life and the patriarchal family set up. They believe that the very notion of gender is not only biotic and biologic episode but it has a social construction.

Fundamental Rights and the Integrity of Union Law

2018 ◽  
Author(s):  
Julio Baquero Cruz
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Fundamental Importance ◽  
The Political ◽  
The Future ◽  
Political Understanding

This chapter analyses another area of Union law that is highly controversial and relevant in structural terms—the protection of fundamental rights. It discusses the scope and standard of the protection offered at Union level, the consequences for national law, and the implications of the future accession of the Union to the European Convention on Human Rights. These issues are of fundamental importance for the integrity of Union law and of wider significance for the political understanding of the Union.

scholarly journals Migrant Labour during the Pandemic: A Political Economy Perspective

2021 ◽  
pp. 001946622110212
Author(s):  
Deepak K. Mishra
Keyword(s):  
Political Economy ◽  
Migrant Workers ◽  
Labour Force ◽  
Current Crisis ◽  
Capitalist Development ◽  
Working Classes ◽  
Migrant Labour ◽  
Cheap Labour ◽  
The One

This article aims to analyse the plight of the migrant workers in India during the Covid 19 pandemic from a political economy perspective. While taking note of the disruptions and uncertainties during the drastic lockdown that was announced suddenly, it is argued that the vulnerabilities of the migrant labour force are deeply embedded in the long-term changes in the political economy of development in India. These changes, on the one hand, have resulted in the gradual weakening of state support to the working classes, and on the other, have resulted in the normalisation of ‘cheap labour’ as a legitimate objective of neoliberal capitalist development. Locating the conditions of the migrant working class on the specificities of the manifold restructuring of the Indian economy under neoliberal globalisation, the study attempts to emphasise the structural dimensions of the current crisis faced by the migrant labourers. JEL Codes: J46, J61, O15, O17, P16

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