scholarly journals Narrativas de la legalidad en el hiperpresidencialismo constitucionalizado ecuatoriano = Narratives of legality in the Ecuadorian constitutionalized hyper-presidentialism

Author(s):  
Efrén Ernesto Guerrero Salgado

Resumen: La llegada al poder de Rafael Correa en el 2007 supuso diversos cambios en Ecuador, no sólo ideológicos sino también políticos, canalizados a través de una Asamblea Constituyente con el fin de ajustarse a los preceptos de la llamada “Revolución Ciudadana”. La nueva Carta Magna estableció un mayor número de controles sobre el Ejecutivo y creó nuevas funciones, como el Poder Electoral y de Transparencia y Control Social, que también girarían en torno a las decisiones del presidente de turno. Esto, combinado con la personalidad de Correa, generó un escenario de hiperpresidencialismo, amparado por elecciones populares que legitiman los cambios realizados por el Gobierno. En el caso ecuatoriano, lo que sucedió fue una disolución de la legalidad mediante la acción mediática, en el que la palabra del presidente no sólo fue regla de conducta, sino también una percepción de que la actividad pública no puede ser discutida, rebasando sus competencias constitucionalmente establecidas. El presente texto, busca explorar los mecanismos de existencia de un discurso decisionista en el periodo de gobierno 2013-2017 y sus consecuencias en la gobernabilidad democrática, para demostrar que la existencia de una autoridad que escape del poder del Estado sólo puede ser contenida por la norma y la fortaleza de las instituciones democráticas, capaces de mejorar la intensidad de la ciudadanía.Palabras clave: Hiperpresidencialismo, Rafael Correa, Ecuador, legalidad.Abstract: The arrival to power of Rafael Correa in 2007 involved various changes not only ideological but also political, channeled through a Constituent Assembly to conform to the precepts of the so-called "Citizen Revolution". The new Magna Carta established a greater number of executive controls and created new functions, such as the Electoral Power and Transparency and Social Control, which would also revolve around the decisions of the incumbent president. This, combined with the personality of Correa, generated a scenario of hyper-presidentialism, supported by popular elections that legitimize the changes made by the government. In the Ecuadorian case, what happened was a dissolution of legality through media action, in which the president's word was not only a rule of conduct, but also a perception that public activity cannot be discussed, exceeding its Constitutionally established competences. The present text, seeks to explore the mechanisms of existence of a decisionist discourse in the period of government 2013-2017 and its consequences in democratic governance, to demonstrate that the existence of an authority that escapes the power of the State can only be contained by the norm and the strength of democratic institutions, capable of improving the intensity of citizenship.Keywords: Hyperpresidencialism, Rafael Correa, Ecuador, Constitution, legality. 

Subject Political purge. Significance Ecuador’s Supreme Court on November 7 ordered former President Rafael Correa (2007-17) to stand trial for his alleged involvement in the kidnapping of a political opponent in 2012. The order comes amid increasing efforts by President Lenin Moreno to purge Correa supporters from the government, legislature and bureaucracy and consolidate power. Correa, who now lives in Belgium, is out of reach of Moreno and the Supreme Court, but his popularity and influence in Ecuador endures and will cause ongoing problems for Moreno. Impacts The risk of political violence will increase as Correa and his supporters are locked out of formal political institutions. Correa will find it easier to claim political persecution if attacks against him and his supporters escalate. The arbitrary use of measures to purge Correa supporters from the state risks undermining trust in democratic institutions.


rahatulquloob ◽  
2021 ◽  
pp. 24-39
Author(s):  
Muhammad Essa ◽  
Dr. Ammanullah Khan

Pakistan after independence faced many problems ranging from the settlement of refugees to the fragile economy and unsteady defence. One of the major issues was the framing of constitution as immediately after separation from India, Pakistan faced a severe challenge of unity. Pakistan was a diverse country with two geographically separated wings, different cultures, divergent languages and separate provinces. The Constituent Assembly which was set up under Indian Independence Act 1947 faced this huge responsibility to provide a document on which the country could be run. Regarding character of the state of Pakistan; the religio-political Parties, Jamiat Ulama-i-Islam (JUI) and Jamat-i-Islami (JI) argued that Pakistan means the land of pure; therefore, in order to bring purity, Pakistan should be made an Islamic state. In it, the affairs of the government should be run according to Quran and Sunnah. In this way the constitution of this newly created state of Muslims should be Islamic in its nature. The rationale put forward was twofold i.e. they (Muslims) achieved Pakistan in the name of Islam and Muhammad Ali Jinnah, the founder of Pakistan, had promised that an Islamic system would be introduced in the newly established state. Secondly, according to them, Islam provides a complete code of life and it had laid basic principles in each aspect of life including the basic guidance for formulating an Islamic Constitution. This article deals with the theoretical and practical aspects of the Islamic Constitution propounded by the scholars of JUI, JI and comparative analysis has been drawn in this regard.


1931 ◽  
Vol 25 (2) ◽  
pp. 337-342
Author(s):  
Charles Aikin

The constitution of California—filling one hundred and sixty-five pages of fine print—has been the object of so much criticism, and even ridicule, that the people of the state are fairly well agreed that it ought to be given an overhauling. As to the nature and extent, as well as the method, of the proposed reconstruction, there is, however, little or no harmony of view. The fact that the state electorate has on a number of occasions declined to sanction the calling of a constitutional convention does not indicate that it is content to leave things as they are. But what, it is asked, might such an assembly do? Should it tamper with those sections dealing with the initiative, referendum, or recall, its work would come to nothing. Should it impair the powers of the railroad commission, or abolish the judicial,council, or set up a new basis of taxation, or lessen the independence of the regents of the state university, or raise the salaries of legislative and executive officials, or take any one of a dozen other courses of action, large sections of the electorate would oppose the revised instrument. It is a fairly safe assumption that a constituent assembly that radically revised the present constitution would see its work discarded by the people. Therefore, since a constitutional convention could do nothing effective, why waste money on a futile adventure?Since the adoption of the present constitution in 1879, there has been no studied revision. Californians have changed the instrument when and as they have seen fit, acting largely on proposals of the legislature. They have followed no systematic plan; yet in most instances they have acted wisely. Piecemeal, sporadic, and unscientific modifications are not likely to produce a document of sufficient symmetry of form to be admired; nevertheless, the government thus established may prove quite workable, and, as American state governments go, highly successful.


2017 ◽  
Vol 2 (4) ◽  
pp. 110
Author(s):  
Anthony Egobueze

Nigeria’s image was negative prior the return of democracy in 1999. The major cause of this was the long period of military rule which not only dismantled democratic institutions, but made Nigeria a pariah State as a result of corruption and draconian policies. The protracted military rule led to plethora of sanctions which led to hardship on the populace. The return to democratic governance reinvented the State and ushered in diplomatic shuffles which culminated to the eliminating of the sanctions which eventually readmitted the country into global reckoning. This study reviews Nigeria’s image, democracy and foreign policy, 1999–2007, adopting content analysis in the scrutiny of our data and political economy perspectives as a paradigm for our analysis. It recommends effective Executive – Legislative Collaboration as a panacea for achieving effective and stable foreign policy.


Author(s):  
Marko Pavlović ◽  

Obznana (Proclamation) was a quasi decree, passed on December 29, 1920, which banned the Communist Party of Yugoslavia. The debate on the interpellation on Obznana was held on April 8, 1921, according to the rules on interpellation contained in Standing Orders of the Constituent Assembly, dated January 28, 1921. The Minister of the Interior, the creator of Obznana, Milorad Draskovic, was the first to speak at the debate. He stated many reasons why Obznana was passed. Then, the Minister answered the interpellant, the leader of the communists Sima Markovic, for 30 minutes, according to the Rules of Procedure. After wards, several other government and opposition MPs spoke, presenting arguments in favor of or against Obznana. The head of the Agricultural Party, Jovan Jovanović, spoke about Obznana from a legal standpoint, stating that Obznana was passed by the Government in resignation, that it was not published, that it did not have the King's signature, that it was passed without legal authorization and without a legal basis in the Criminal Code. Lawyer Dragutin Pećić stated the opposite view, according to which Obznana had a legal basis in the Constitution, in the Criminal Code and in a few of other legal regulations. He proposed a motivated transition to the agenda, which the Prime Minister Nikola Pasic accepted "as an expression of the Assembly's trust to the Government". With the parliamentary acceptance of Pećić's proposal to move to the agenda, the communist interpellation on Obznana was rejected, and the previous work of the Government regarding Obznana was approved. This paved the way for the adoption of the "Law on Protection for the State".


2020 ◽  
Vol 9 (1) ◽  
pp. 15-26
Author(s):  
Anggi Muhammad Adha

ABSTRACTThis article entitled NAHDLATUL ULAMA’S POLITICAL POLICY ABOUT BASIS STATE IN 1945-1984. The main problem examined in this article is "Why has there been a change in Nahdlatul Ulama's political attitudes regarding the basis of the state". The main problem is divided into three questions.Based on the results of the study, Nahdlatul Ulama's views on relations between religion and the state changed. At first the Nahdlatul Ulama figures supported that the Indonesian state must be based on Islam but in the following years Nahdlatul Ulama supported the Pancasila as the country's foundation. Nahdlatul Ulama’s support for the country foundation must be based on Islam, as can be seen from Nahdlatul Ulama leaders who convene at the Constituent Assembly. The Nahdlatul Ulama constituent assembly along with other Islamic factions tried hard to make the state foundation based on Islam. However, the proposal was rejected by other factions who wanted the state foundation to be Pancasila.The debate between state supporters based on Islam and supporters of the Pancasila found no conclusion. So on 5th July, 1959 President Soekarno issued a Presidential Decree to end the debate. In the 1980s President Soeharto issued a policy of making Pancasila a single principle for organizations in Indonesia. At first Nahdlatul Ulama rejected this policy. But in the end Nahdlatul Ulama accepted this policy. The cause of Nahdlatul Ulama accepting this policy besides the pressure from the government was the birth of a new generation of Nahdlatul Ulama that was different from before. This generation emphasizes pluralist life in Indonesia and aims to make the country the guardian of all religions.ABSTRAKArtikel ini berjudul KEBIJAKAN POLITIK NAHDLATUL ULAMA MENGENAI DASAR NEGARA 1945-1984. Masalah utama yang dikaji dalam skripsi ini adalah “Mengapa terjadi perubahan sikap politik NU mengenai dasar negara”. Berdasarkan hasil penelitian menunjukan bahwa pandangan NU mengenai hubungan agama dan negara mengalami perubahan. Pada mulanya tokoh-tokoh NU mendukung bahwa negara Indonesia harus berdasarkan Islam namun ditahun-tahun selanjutnya NU mendukung Pancasila sebagai dasar negara. Dukungan NU terhadap dasar negara harus berdasarkan Islam dapat dilihat dari tokoh-tokoh NU yang bersidang di Konstituante. Disidang konstituante NU bersama fraksi Islam yang lain berusaha keras agar dasar negara berdasarkan Islam. Namun usulan itu ditolak oleh fraksi-fraksi yang lain yang menghendaki agar dasar negara adalah Pancasila. Perdebatan antara pendukung negara berdasarkan Islam dan pendukung Pancasila tidak menemukan titik temu. Sehingga pada 5 Juli 1959 Presiden Soekarno mengeluarkan Dekrit Presiden untuk mengakhiri perdebatan. Di tahun 1980-an Presiden Soeharto mengeluarkan kebijakan menjadikan Pancasila sebagai asas tunggal bagi organisasi di Indonesia. Pada mulanya NU menolak kebijakan ini. Namun pada akhirnya NU menerima kebijakan ini. Penyebab NU menerima kebijakan ini selain adanya desakan dari pemerintah adalah telah lahirnya generasi baru NU yang berbeda dari sebelumnya. Generasi ini menekankan kehidupan pluralis di Indonesia dan bertujuan menjadikan negara sebagai pengawal semua agama.


2000 ◽  
pp. 20-25
Author(s):  
O. O. Romanovsky

In the second half of the nineteenth century, the nature of the national policy of Russia is significantly changing. After the events of 1863 in Poland (the Second Polish uprising), the government of Alexander II gradually abandoned the dominant idea of ​​anathematizing, whose essence is expressed in the domination of the principle of serving the state, the greatness of the empire. The tsar-reformer deliberately changes the policy of etatamism into the policy of state ethnocentrism. The manifestation of such a change is a ban on teaching in Polish (1869) and the temporary closure of the University of Warsaw. At the end of the 60s, the state's policy towards a five million Russian Jewry was radically revised. The process of abolition of restrictions on travel, education, place of residence initiated by Nicholas I, was provided reverse.


2004 ◽  
pp. 42-65 ◽  
Author(s):  
A. Radygin

The paper deals with one of the characteristic trends of the 2000s, that is, the government's property expansion. It is accompanied by attempts to consolidate economic structures controlled by the state and state-owned stock packages and unitary enterprises under the aegis of holdings. Besides the government practices selective severe enforcement actions against a number of the largest private companies, strengthens its control over companies with mixed capital and establishes certain informal procedures of relationships between private business and the state. The author examines the YUKOS case and the business community's actual capacity to protect its interests. One can argue that in all likelihood the trend to the 'state capitalism' in its specific Russian variant has become clearer over 2003-2004.


2015 ◽  
Vol 13 (1) ◽  
pp. 33-48 ◽  
Author(s):  
Mathews Mathew ◽  
Debbie Soon

Debates in Singapore about immigration and naturalisation policy have escalated substantially since 2008 when the government allowed an unprecedentedly large number of immigrants into the country. This essay will discuss immigration and naturalisation policy in Singapore and the tensions that have been evoked, and how these policies are a key tool in regulating the optimal composition and size of the population for the state’s imperatives. It will demonstrate that although the state has, as part of its broader economic and manpower planning policy to import labour for economic objectives, it seeks to retain only skilled labour with an exclusive form of citizenship.  Even as the Singapore state has made its form of citizenship even more exclusive by reducing the benefits that non-citizens receive, its programmes for naturalising those who make the cut to become citizens which include the recently created Singapore Citizenship Journey (SCJ) is by no means burdensome from a comparative perspective. This paper examines policy discourse and the key symbols and narratives provided at naturalisation events and demonstrates how these are used to evoke the sense of the ideal citizen among new Singaporeans. 


Author(s):  
Myroslav Kosіak ◽  
Inna Kosіak

The purpose of the article. The article considers the Blockchain technology asan innovative tool. In particular, the essence and background of the developmentof blocks, the principles and specifics of the functioning of the system, as well asthe scheme of its work, are determined. The article presents the prospects forusingdistributed registry technologies (blockchain) in various socioeconomic spheresrelated to state administration. Provided examples and forecasts of the use ofblockchain technologies in the provision of state and municipal services forindividuals and legal entities in the following areas: formation of a unified registercontaining the history of the placement of the state, municipal order, as well asprocurement of corporations with state participation and / or control; registers ofdocuments (diplomas, certificates, lost and disavowed passports, policies for movableand immovable property insurance, health, etc.); database of court decisions andexecutive proceedings; public participation portals for citizens of Ukraine district- city – country. The fact that the blockchain technology is, first of all, theprinciples, and not the only possible way of implementing them, allows us to counton maximum openness and multivariate application in a dynamically changingchanging«digital world». Methodology. The research methodology is to use a combinationof methods: analytical, historical, comparative. The scientific novelty. The priorityof state blockchain systems introduction in stationary and distant voting, distributeddocument circulation, medical data registration, land resources registration,electronic auctions (auctions) in Ukraine was grounded. Conclusions. Already today,blockchain systems can change the role and participation of citizens in the conductof the state-management process, by raising the responsibility level, from thetransparent will expression in the elections to regulating the government serviceactivity in the society’s digitization conditions. The main advantages blockchainsystems using by public authorities that will increase the level of citizens trust todigital technologies using in general, namely: reliability and reliability of datastorage, transparency of transactions and virtually absolute protection of informationfrom distortion and unauthorized removal (relocation), are determined. In furtherscientific research it is proposed to consider the promising areas of the blockchaindigital technology usage: service activities of public authorities, legal proceedings,property rights management, implementation of migration control, verification ofgoods and services, registration of data on passing qualifying tests, patenting,intellectual property, digital identification, logistics , taxation, accounting ofbudget funds movement.


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