scholarly journals The Contemporary Cambodian Constitutional Enforcement

2019 ◽  
Vol 3 (1) ◽  
pp. 39
Author(s):  
Vandanet Hing

Studies conducted on the constitutional law-making process have shown that public participation is a key element of the relationship between the government and its citizens, and legitimizes the whole process. The present paper discusses the relationship between the people and the government on the basis of the Cambodian Constitution, both de jure andde facto. As assessments, it takes the 1993 constitutional making process and the public’s participation thereto. This paper aspires to answer the following questions: firstly, how does the constitutional law-making process impact the exercise of constitutional rights in Cambodia, and, secondly, to what extent does public participation play a role in public affairs, especially insofar as the constitution and law making processes are concerned. It further suggests that the concept of meaningful public consultation on constitution and law making should be incorporated in the Cambodian Constitution.

Author(s):  
Borys Kofman

Topical issues of the processes of forming the paradigm of procedural and stage support of norm-designing of legal status of aperson and a citizen in the constitutional law of Ukraine are investigated, and considerations regarding their normative-technologicaldecision, support and provision are given.It is stated that the search for optimal models of the relationship between the state and the individual has always been a difficultproblem, but at the heart of its positive solution is a high and qualitative level of standard-project activity in the sphere of normative(legislative) maintenance of the constitutional and legal status of a person (individual) and citizen. Analyzing the formation and development of such a constitutional-legal status in different states in historical retrospect, it isnecessary to pay close attention to its evolutionary-dynamic character – the amount of rights and freedoms that the state gave its citizensvaried precisely in the dependence and understanding of its chronological development, – optimal models were crucially dependent onthe nature of society, type of property, democracy, development of economy, culture and other objective conditions, but they were alsolargely determined by the government, the law, s, the ruling class, that is, subjective factors.In the process of finding models of the relationship of the state with the person (personality), the main difficulties were not onlythe establishment of such systems and order, in which the personality would be able to freely develop their potential (abilities, talent,intelligence), and national goals – the fact that unites all – would be acknowledged and respected, and the relevant technologically-formalizedaspects of the activities of authorized persons for normalization, normalization, formulation, formalization, legalization, implementationand guarantee of implementation of normative guidelines that contain constitutional rights, freedoms and responsibilities ofthe individual (individual) and citizen – they arise in the process of norm-making (law-making), an important part of which is the normprojectactivity in the sphere of formation and development of such constitutional-legal status.It is proved that in the process of defining the architectonics (structure) of the legal status of a person and a citizen, which is thecore of the normative expression of the basic principles of the relationship between the person and the state – in order to carry out normoprojectiveactivity in the field of expertise we face a number of difficulties of a definitive, methodological, ontological, ontologicaland a praxeological property that is directly relevant to the norm-design and find their solution in the process of such activity and itsresults, because the profile status is obtained from OE expression of the rights, freedoms and duties of man.


2020 ◽  
Vol 5 (1) ◽  
pp. 86-101
Author(s):  
Suparno Suparno ◽  
Karmanis Karmanis ◽  
Alexius Sunaryo

Republic of Indonesia is a democratic country which means all matters in the country must be based on the wishes of the people. Successful democracy in a country can be judged by the implementation of direct, general, free, and secret elections. The people have the right to determine their government so that people have valuable values in a democratic country. In this study, researchers formulated the government strategy in political education as an effort to increase public participation in realizing a democratic system in Semarang City. This research used a descriptive qualitative method. This research was conducted in Semarang City, Central Java. The implementation of a political education by the Semarang City government has not been maximized. Based on the results of the research, the provision of information for the implementation of public political participation, especially the young age grouphas not been running optimally. Second, the Media (political parties) as an aggregation of the public interests, must be more active in building communication systems, one of which is by gathering public aspirations in public consultation forums. Third, the implementation of political activities are in various methods, such as social activities, seminars, studies, socialization and training, and coaching, those implementations are determined according to the right conditions, scheduled and routine, but do not rule out the possibility of activities adapted to existing conditions. 


2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.


2021 ◽  
Vol 13 (6) ◽  
pp. 3584
Author(s):  
Shiwang Yu ◽  
Jianxia Bao ◽  
Wen Ding ◽  
Xue Chen ◽  
Xiaonan Tang ◽  
...  

During China’s rapid economic development and urbanization, numerous cases of urban malodorous black river (MBR) have occurred. MBR refers to a polluted urban river that smells bad, is almost black in color, has no aquatic plants or animals, and that consequently causes many social and environmental problems. The Chinese government has sought public participation during the whole process of MBR treatment as part of a comprehensive action plan to improve residents’ satisfaction with their environment. To investigate the influencing factors of public participation and satisfaction, a questionnaire survey was conducted among residential communities close to an MBR. SPSS 22.0 was employed to conduct an analysis of the collected data, using factor analysis, correlation analysis, and linear regression analysis. The results indicate that there is a direct relationship between public satisfaction and the factors of government treatment, public perception and public participation behaviors, such as engagement behavior, supervision behavior, health influence, and compensation measures.


Letonica ◽  
2021 ◽  
Author(s):  
Sergejs Kruks

Keywords: discourse analysis, general will, Latvian politics, political representation, Saeima Latvian citizens are characterised by a very low level of political activism. How can this be explained through an understanding of politics? Prior to the 2018 Saeima (Latvian parliament) election, voters were interviewed on Latvian television discussing the pronouncements of various members of parliament. The researcher explores the relationship between the comments of these voters and the way they feel their interests are being represented by the state’s law makers. Throughout the interviews, voters are critical of Saeima, yet they fail to clearly explain their interests. The generally agreed upon duty of MPs is to discover the general will of the people, and attempt to fulfil this will through law making. In Latvia, the concept of forming interest groups representing the desires of various groups of citizens to create public expressions of their opinions is not considered a viable resource for political action. The citizens being interviewed believe that they cannot expect to have their interests represented by Saeima and prefer individual strategies focused on non-political action.


2020 ◽  
Vol 12 (1) ◽  
pp. 87-99
Author(s):  
Munandzirul Amin

Democracy provides a place for us to learn to live with the enemy because only democracy allows tension and paradox, which comes from freedom, to occur in society. In contrast to the New Order era, we can now enjoy freedom of opinion and association. This freedom can in turn produce tension. The relationship between elements of society with one another, or the relationship between the state and elements of society, can be tense because of differences in interests in regulating social and political order. Meanwhile, Indonesian society witnessed the paradox which also originated from freedom. This, for example, is shown by the emergence of intolerant groups such as the Islamic Defenders Front (FPI) and Hizb ut-Tahrir Indonesia (HTI). Even organizations such as HTI are of the view that democracy is not in accordance with the teachings of Islam in terms of sovereignty in the hands of the people, what should determine that is the preogrative right of Allah SWT. The government in the view of HTI only implements sharia and determines administrative technical issues.


2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Mutia Silvia Rose

Partisipasi masyarakat adalah perwujudan dari masyarakat di dalam negara demokrasi, dimana pemerintahan yang di dasarkan kepada rakyat merupakan tujuan utama kehidupan berpolitik, baik dalam kebijakan maupun dalam tujuan pemerintahan. Perda Label Batik Pekalongan merupakan peraturan daerah yang mengatur tentang suatu tanda yang menunjukkan identitas dan ciri batik buatan Pekalongan yang terdiri dari tiga jenis yaitu batik tulis, batik cap atau batik kombinasi tulis dan cap. Tujuan dibentuknya Perda tersebut adalah agar masyarakat dan konsumen Batik Pekalongan tidak dirugikan akibat dari salah dalam membedakan jenis batik. Hasil penelitian ini menunjukan bahwa partisipasi masyarakat dalam pembentukan Perda tentang penggunaan label batik Pekalongan masih bersifat elitis, karena yang mendominasi mengikuti public hearing hanya pengusaha kelas atas yaitu seseorang atau kelompok orang yang memproduksi seni batik dalam bentuk tulis, cap dan kombinasi dalam jumlah besar, sudah mempunyai nama merek yang terkenal, dan pemasarannya sudah sangat luas baik di dalam negeri maupun di luar negeri. Partisipasi masyarakat dalam pembentukan perda tentang label batik pekalongan yang masih bersifat elitis dapat berpengaruh karakteristik produk hukum yang di hasilkan yaitu lebih menguntungkan pengusaha batik kelas atas, karena dalam pembuatan label batik Pekalongan merugikan dalam segi ekonomis bagi  pengusaha kelas menengah dan bawah.<br /><br />Community participation is the embodiment of the people in a democracy, where the government is based on the people as the ultimate goal of political life, both in policy and administration purposes. Label the Perda Batik Pekalongan local regulation of Batik Pekalongan Label is a sign which indicates the identity and characteristics of batik from Pekalongan which consists of three types of batik, batik or batik and stamp combination. Purpose of the establishment of the regulation is that the public and consumers are not harmed Batik Pekalongan result of incorrect in distinguishing the types of batik. The result of this research indicates that participation in the formation of legislation on the use of Pekalongan batik label still elitist, because that dominate following the public hearing only top-class entrepreneurs is a person or group of people who produce batik art in written form, stamp and combinations in bulk, already has a well-known brand names, and marketing has been very widely both domestically and abroad. Public participation in the formation of regulations about labeling Pekalongan batik is still elitist may influence the characteristics of a legal product that produced batik entrepreneurs are more favorable upper classes, as in the manufacture of Pekalongan batik label in terms of economic harm to employers middle and lower classes.<br /><br />


2021 ◽  
pp. 599-644
Author(s):  
Timothy Endicott

Contracts are used to structure the legal relationship between government and private service providers. Contract also forms a new model both for relationships between public agencies and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.


2020 ◽  
pp. 19-62
Author(s):  
Laura Lohman

Focusing on the period 1783–1792, this chapter examines how music was used as a tool of propaganda in the early American republic. Americans used music to craft a central myth of the nation, the drafting and ratification of the Constitution. Music was an important tool of propaganda as debates over how to address crucial financial problems impacting individuals, the states, and the federal government culminated in efforts to restructure the government through the Constitution. As advocates of a more powerful federal government repeatedly turned to musical propaganda, songwriters wrote music to contain popular protest, urge ratification, define the relationship between the people and the new federal government, and promote allegiance to the newly structured government during Washington’s first term as president.


Author(s):  
Timothy Endicott

Contracts are used to structure the legal relationship between government and private service providers. Besides this, contract also forms a new model both for relationships between public agencies, and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.


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