scholarly journals Entre políticos y criminales: corrupción política en Colombia 2013-2018

2020 ◽  
Vol 6 (2) ◽  
pp. 215-234
Author(s):  
Pedro Piedrahita Bustamante ◽  
Ana Lucía Ponce
Keyword(s):  
Methodological Approach ◽  
Political Corruption ◽  
Economic Benefits ◽  
The State ◽  
Public Officials ◽  
Public Power ◽  
Transnational Organized Crime ◽  
The Public ◽  
General Welfare ◽  
Relationship Of

Corruption is a crime that generates political hardships, particularly to the construction of the State and democracy. The latter, since it restricts the ability of institutions to promote the general welfare through the creation of secret powers that hinder the idea of democracy as a public power that performs before the public. Thus, political corruption creates a secret power, controlled by public officials and professional politicians who favor diverse criminal networks associated with other crimes; affecting like this the institutions and the principle of publicity in democracy. The objective of the research is to analyze political corruption in Colombia between 2013 and 2018 from the perspective of Transnational Organized Crime (TOC). For this purpose, to address political corruption as a transnational crime, it is necessary to overcome the phenomenon of the narcotization of crime and recognize that political corruption is also a relevant crime; which functions in a network and is associated with other criminal dynamics to seek economic benefits for the State or to affect it. The methodological approach was qualitative and, the phenomenological-hermeneutical method was used in the analysis of historical information collected since the 16th century that served as a context to establish the relationship of corruption with other crimes in the country and the different cases of corruption analyzed in the period of study. Only those cases that fit the analysis of transnational corruption, because of links to other networks are considered. It is evident that between 2013 and 2018 there were cases of political corruption with criminal links associated with drug trafficking, money laundering, and prostitution, among others. However, several of these facts do not seem to have the same informational relevance as typical cases of bribery, illegal campaign financing, or contracting cartels. This is understood as an opportunity to continue deepening these types of investigations.

Taxation, Trust, and Government Debt: State-Elite Relations in Sichuan, 1850–1911

Modern China ◽  
2018 ◽  
Vol 45 (3) ◽  
pp. 239-294
Author(s):  
Elisabeth Kaske
Keyword(s):  
Public Debt ◽  
Government Debt ◽  
The State ◽  
Local State ◽  
The Public ◽  
Railway Company ◽  
The Qing Dynasty ◽  
State Elite ◽  
The 1911 Revolution ◽  
Relationship Of

This article explores the shifting relationship between the state and the rural elites in Sichuan during the last decades of the Qing dynasty through the lens of taxation and public debt by using a creditor-debtor model as a theoretical framework. Sichuan’s unique rewarded land tax surcharge, called the “Contribution” and levied since 1864, established a relationship of symbolic and economic indebtedness of the imperial and local state to the taxpayer. Western-inspired reforms after 1898 directly attacked the symbolic and economic bonds established by the Contribution. The Railway Rent Share tax shifted the creditor-debtor relationship from the state to the public Sichuan-Hankou Railway Company by making individual taxpayers into shareholders. When Beijing eventually banned what it saw as a privatization of taxation and decided to nationalize the railway company, this ignited the Railway Protection Movement, which precipitated the 1911 Revolution in Sichuan.

scholarly journals O princípio da proteção da confiança como obstáculo à anulação de atos administrativos - The principle of the protection of confidence as an obstacle to the annulment of administrative acts

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Marina Rúbia Mendonça Lôbo De Carvalho ◽  
Andressa Guimarães Freire
Keyword(s):  
Public Administration ◽  
The State ◽  
Temporal Modulation ◽  
Self Assessment ◽  
Public Power ◽  
The Public ◽  
Legitimate Expectation ◽  
De Se ◽  
And Behaviors ◽  
The Individual

<p>Os atos, condutas e comportamentos do Poder Público gozam de presunção de legitimidade, gerando, em diversas situações, expectativas nos indivíduos. Pode o Estado, no uso de suas prorrogativas, violar aquelas expectativas, causando efeitos negativos à ordem econômica, por despertarem desconfiança e instabilidade nas relações com o Poder Público. Delimitada a ênfase do presente trabalho à função administrativa do Estado, visou-se compreender o princípio da proteção da confiança como instrumento de tutela da expectativa legítima do indivíduo, por impor limites à Administração Pública na anulação de atos administrativos. Nessa situação, viu-se que referido princípio pode conflitar com a legalidade e a autotutela, sendo o caso de se buscar um juízo de ponderação, que resultará na manutenção do ato ou na sua anulação, esta podendo ser com efeitos <em>ex tunc</em>, com efeitos <em>ex nunc</em> ou com a modulação temporal dos efeitos para um determinado momento futuro.</p><p> </p><p>The acts, practices and behaviors of the Public Power in the exercise of legitimation, can generate, in several situations, expectations in individuals. The Estate, in use of its prerogatives, can breach expectations, generating a negative economic response, lack of confidence and instability in its relations. Thus, the principle of protection defends the preservations of these state acts, which effects extend in time, giving the individual an expectation of continuity, even if they are illegal or unconstitutional. Delimiting the emphasis of the present work on the administrative function of the State, it was intended to understand the principle of the protection of trust as an instrument to protect the legitimate expectation of the individual, for imposing limits to the Public Administration in the annulment of administrative acts. In this situation, it was seen that this principle may conflict with legality and self-assessment, being the case of seeking a weighing judgment, which will result in the maintenance of the act or its annulment, this being possible with the temporal modulation of the effects for a certain future moment.</p><p> </p><p> </p>

Concluding Remarks to Part 3

2018 ◽  
Author(s):  
Jonathan Preminger
Keyword(s):  
Government Policy ◽  
The State ◽  
Political Community ◽  
Individual Responsibility ◽  
The Political ◽  
The Public ◽  
The Third ◽  
Third Sphere ◽  
Relationship Of ◽  
The Relationship

Chapter 15 summarizes the chapters which addressed the third sphere, the relationship of labor to the political community. It reiterates that since Israel was established, the labor market’s borders have become ever more porous, while the borders of the national (Jewish) political community have remained firm: the Jewish nationalism which guides government policy is as strong as ever. NGOs, drawing on a discourse of human rights, are able to assist some non-citizens but this discourse also resonates with the idea of individual responsibility: the State is no longer willing to support “non-productive” populations, who are now being shoehorned into a labor market which offers few opportunities for meaningful employment, and is saturated by cheaper labor intentionally imported by the State in response to powerful employer lobbies. These trends suggest a partial reorientation of organized labor’s “battlefront”, from a face-off with capital to an appeal to the public and state.

scholarly journals Decision Making at the State and Local Level: Does Science Matter?

2016 ◽  
Vol 49 (01) ◽  
pp. 21-26 ◽  
Author(s):  
Susan G. Mason
Keyword(s):  
Public Policy ◽  
Decision Making ◽  
Local Level ◽  
Policy Decision ◽  
The State ◽  
Public Officials ◽  
Policy Makers ◽  
The Public ◽  
Policy Decision Making ◽  
State And Local

ABSTRACTScience is believed to be an important part of public policy decision making because of its inherent characteristics of measurability, rigor, objectivity, replication, and peer review. The purpose of this research was to explore the linkage of science to public policy decision making. The research explores what state and local public officials know about science and how much they actually use science in their decision making. Interview results with public officials in the State of Idaho demonstrate that policy makers ultimately see science as only one element in the mix. Findings suggest that equal attention and debate should be given to how science interacts with all of the other factors that affect the public policy making process.

scholarly journals The Role of Public Organizations in Ensuring National Security of Ukraine

2020 ◽  
Vol 37 (65) ◽  
pp. 136-155
Author(s):  
Olena V. Kovalova ◽  
Maksym V. Korniienko ◽  
Yurii V. Pavliutin
Keyword(s):  
Public Sector ◽  
National Security ◽  
Methodological Approach ◽  
Public Organizations ◽  
Active Participation ◽  
The State ◽  
Information Control ◽  
The Public

This article aims to identify the forms of participation of public organizations in national security. The basic methodological approach of the research is the analysis and generalization of the normative legal support and the scientific works that allowed to systematize and characterize the existing forms of participation of public organizations to guarantee the national security of Ukraine. The article emphasizes the importance of the influence of public organizations in the state of national security and the importance of a comprehensive and coordinated approach to involve public organizations in national security, generalizes and describes the forms of participation of public organizations to guarantee national security through the lens of the main forms of their interaction with the authorities of the organizations (information, control, consultation, active participation), the legal and organizational directions to strengthen the role of civil organizations in guaranteeing the National security. It is concluded that this type of research has practical value for representatives of the authorities and the public sector on possible ways to improve the role of public organizations to guarantee national security.

scholarly journals An anti-corruption value of administrative and legal restrictions of joint work of near persons in justice system

2021 ◽  
pp. 63-73
Author(s):  
Oksana Polna
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Common Good ◽  
Justice System ◽  
The State ◽  
Joint Work ◽  
Public Servants ◽  
The Public ◽  
Legal Restrictions ◽  
Relationship Of

The article focuses on the formulation of an urgent comprehensive scientific thought on the anti-corruption value of the administrative and legal restriction of the closely affiliated persons’ collaboration in the justice system of Ukraine. It is a justified restriction of the citizens’ rights to access professional public service in the justice system, provided by national administrative legislation, to continue public service and to exercise a career in this system, by preventing the conclusion of a service contract, blocking the promotion of persons, if this predetermines about direct subordination to a closely affiliated person; termination of official legal relations with persons who are in a relationship of direct subordination to a closely affiliated person. It is noted that the general anti-corruption essence of the restriction under consideration is manifested in the fact that this restriction appears as a «personnel barrier» for increasing corruption risks in the justice system due to the implementation of personnel policy, as well as a “personnel instrument” for correcting situations when a violation of the corresponding restrictions takes place. Considering the concept and essence of limiting the collaboration of closely affiliated persons in the justice system, the author proves that the anti-corruption value of such a limitation is that it: while restricting the joint work of closely affiliated persons in the justice system, makes it impossible for nepotism as a separate manifestation of corruption to arise in this system; is a real barrier that reduces the dynamics of the spread of corruption and limits its scale (primarily, in the form of nepotism) in the system of public administration subjects in Ukraine in general and in the justice system in particular; contributes to increasing the authority of judges, professional public service in general and the level of respect and trust of society in the judiciary, the state, as well as reducing legal nihilism in society; maximizes positive incentives for lawful behavior of citizens in general and professional public servants in the justice system, in particular; is the actual result of a public demand for a decrease in the level of tolerance to corruption in the public administration system in general and in justice system, in particular. In the conclusions to the article, it is noted that non-compliance with the administrative and legal restrictions on the collaboration of closely affiliated persons in the justice system creates a situation in which the public service bodies in this system are filled with close persons, who may enter into a corruption conspiracy to use the common good and public interest in their own (personal) interests, which is unacceptable because it distorts the purpose of the existence of the state in general and the judicial power, in particular. Keywords: administrative and legal restrictions, anti-corruption value, corruption in the justice system, joint work of closely affiliated persons, justice system, personnel barrier, personnel tool.

scholarly journals Shifting Political Discourse

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Rob Van den Boom
Keyword(s):  
Data Mining ◽  
United Kingdom ◽  
Political Discourse ◽  
Mining Operation ◽  
The State ◽  
Online Discourse ◽  
Public Power ◽  
The Public ◽  
The People ◽  
Political Ads

In March 2018, it was revealed that Cambridge Analytica (CA), a former United Kingdom-based data company used data from several million Facebook users to specifically target individuals with political ads. CA’s data mining operation can be argued to have engaged in restructuring power through the online discourse between people and groups, granting certain actors and their movements increased power. This reflects a shift to the 5th generation of warfare. 5G warfare, as it’s colloquially known, is the assumption that groups vie for power against other groups, and not necessarily the state. Furthermore, 5G warfare is enabled by shifts of political and social loyalties to causes rather than nations (Kelshall, 2018). Indeed, warfare has become virtual and seeks to influence people, and not states. Through CA’s use of psychographic research and its ability to reshape the opinions of the public, power has shifted from the physical to the digital, and from the state to the people. Therefore, the question this essay presents is “How did Cambridge Analytica make power available to those who did not otherwise have it?”

scholarly journals ISLAM AND THE HUMANITY OF THE STATE: From Fiqh of Politics to Fiqh of Citizenship

2019 ◽  
Vol 20 (2) ◽  
pp. 364-387
Author(s):  
Hijrian A. Prihantoro
Keyword(s):  
Phenomenological Approach ◽  
The State ◽  
Integrative Approach ◽  
Islamic Studies ◽  
Sociological Approach ◽  
Theory Of Religion ◽  
General Welfare ◽  
Islamic Jurisprudence ◽  
Relationship Of ◽  
The Relationship

The intellectual debate of this age in the field of Islamic studies is the discovery of the relationship of religion and the nation-state. Religion in the old age is understood by fiqh (Islamic jurisprudence), then the theory of religion on the concept of politics was called the doctrine of fiqh’s politics. The present age shows that the religious man does not speak only about the position of religion in political discourse, but also about the concept of the humanity of the state. I want to apply my study on Islam and humanity of state in the Indonesian context because there are multitudes of nationalities and cultures. This research uses an integrative approach that combines the phenomenological approach with the sociological approach. This research aims to analyze the relation between the religion of Islam and the activity of human thought on the concept of the human state by transforming the concept of the fiqh of politics to the fiqh of citizenship. This research proves that the conceptual transformation from fiqh of politics towards fiqh of citizenship, with all its consequences, must be seen as a process of political agreement and it can be accepted as long as it always pays attention to social justice and general welfare.

scholarly journals Welfare as an indicator of quality of life of the population

2020 ◽  
Vol 159 ◽  
pp. 05009
Author(s):  
Aizhan Assilova ◽  
Gulnara Baimakhambetova ◽  
Zhanar Mukhametzhanova ◽  
Akmaral Mukasheva
Keyword(s):  
Quality Of Life ◽  
Development Strategy ◽  
Methodological Approach ◽  
Individual Level ◽  
National Wealth ◽  
General Welfare ◽  
National Welfare ◽  
Economic Reality ◽  
Relationship Of

National welfare refers to very complex manifestations of socio-economic reality that require the identification of qualitative certainty by determining its properties, elements and structure. The development of national welfare as a multi-faceted and objective process requires an expanded theoretical and methodological approach to its research, integrating Western and domestic welfare theories, taking into account the interrelated transformation of the categories of individual, economic and social welfare, material and national wealth, and the level and quality of life. The article discusses theoretical comments on the concept of welfare and the importance of improving it. This article defines the main factors of socio-economic inequality, fully classified depending on the scope of impact on the macro level, micro level, individual level, depending on the economic, social, geographical, political, demographic, and psychological levels. The risks that occurred at a low level of welfare are described in detail. Establishing the relationship of the categorical apparatus in the system of improving the welfare of the population allowed us to Supplement the concept of the welfare of the population. At the present stage, the main threats to reduce the welfare of the population in Kazakhstan have been identified. The article discusses the importance of achieving the general welfare of citizens and overcoming poverty in the development strategy of modern states. The main conclusions of the article can be used to further study the categorical apparatus of welfare, as well as to develop proposals for improving the mechanisms of its increase.

Political corruption, individual behaviour and the quality of institutions

2017 ◽  
Vol 17 (2) ◽  
pp. 216-231 ◽  
Author(s):  
Emanuela Ceva ◽  
Maria Paola Ferretti
Keyword(s):  
Liberal Democracy ◽  
Civil Disobedience ◽  
Political Corruption ◽  
Public Order ◽  
Public Justification ◽  
Public Officials ◽  
The Public ◽  
Personal Morality ◽  
The Individual

Is the corrupt behaviour of public officials a politically relevant kind of wrong only when it causes the malfunctioning of institutions? We challenge recent institutionalist approaches to political corruption by showing a sense in which the individual corrupt behaviour of certain public officials is wrong not only as a breach of personal morality but in inherently politically salient terms. To show this sense, we focus on a specific instance of individual corrupt behaviour on the part of public officials entrusted with the power to implement public rules in a liberal democracy. Although not necessarily unlawful, their behaviour is politically wrong qua corrupt when it contradicts surreptitiously the requirement of public justification that undergirds the public order. Then, we distinguish this form of corruption as surreptitious action from such unlawful but publicly justifiable kinds of political misbehaviour as civil disobedience.

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