scholarly journals The Concept of Justice In the System of the Confliction Through Contextualization of Surah al-Mā’ida 44-47 (Application of Abdullah Saeed’s Contextual Approach)

ULUMUNA ◽  
2018 ◽  
Vol 22 (1) ◽  
pp. 172-203
Author(s):  
Nafisatul Mu'awwanah
Keyword(s):  
Present State ◽  
The State ◽  
State System ◽  
Contextual Approach ◽  
Present Context ◽  
Constitutional System

This article aims to employ Abdullah Saeed’s contextual approach to explore the concept of justice in the system of the confliction based on the interpretation of surah al-Mā'ida: 44-47. Based on this approach, a contextualist must be able to find two meanings that arise from the interpreted verse, i.e. meaning for the first recipient (historical meaning) and meaning for the present context (contemporary meaning). For the first recipient of surah al-Mā'ida: 44-47, it is understood as a form of justice and equality of the Prophet in mediating the case of the dispute at that time, especially between the Naḍīr and the Qurayẓa tribe. When this verse is attributed to the form of the present state of the constitutional system, the contemporary meaning of this verse is that a state is capable of mediating fairly among its people in order to avoid the clash between rights and obligations. In this case, the form of the state, secular or non-secular, cannot be taken as a measure of the state system in accordance with this verse.

USTAVNO UREĐENjE KRALjEVINE SHS PREMA VIDOVDANSKOM USTAVU IZ 1921. GODINE SA POSEBNIM OSVRTOM NA POLOŽAJ BOSNE I HERCEGOVINE

2021 ◽  
Author(s):  
Milan Pilipović ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
State Power ◽  
The State ◽  
State System ◽  
The First World War ◽  
Legal Position ◽  
The Common ◽  
The Government ◽  
Constitutional System ◽  
First World

After the First World War and the defeat of the Austro-Hungarian monarchy, on December 1, 1918, the Kingdom of Serbs, Croats and Slovenes was created, which was constitutionalized on June 28, 1921, with the adoption of the first constitution (Vidovdan Constitution). The Kingdom of SCS also included Bosnia and Herzegovina, which before, as well as at the time of the creation of the first common state, did not have its own independent constitutional and legal system in the organizational and institutional sense. In this paper, in the analysis of the constitutional system of the first common state, the emphasis is on the organization of state power and state system. The first part of the paper will deal with the analysis of the organization of state power, identification of the principles of parliamentarism, and will point out the deviations of practice in relation to the official principles and principles built into the Vidovdan Constitution, which were established before its adoption, during the state provisional. Phenomena of deviations from the principles of parliamentarism, embodied in the activities of the government, and especially the king, arose and were visible from 1918 to 1921, and were present throughout the legislative period of the Vidovdan Constitution. Establishing a unitary state system, the Vidovdan Constitution foresaw the existence of various forms of self-government in which there were not only self-governing bodies, but also state administrative bodies. Following these provisions, we will shed light on the position of BiH in the common state. This issue must be viewed through the prism of the goals of political representatives and individual non-Serb parties from the territory of Bosnia and Herzegovina and their role in the process of adopting the first constitution of the common state. The support of the political representatives of Bosnia and Herzegovina was directly reflected in the provisions in the Vidovdan Constitution which refer to the state system, ie to the legal position of BiH, which is determined in the Constitution by the so-called тurkish paragraph.

O potrzebie wprowadzenia ustawy referendalnej do systemu prawnego w Polsce

2021 ◽  
Vol 1(162) ◽  
pp. 127-145
Author(s):  
Piotr Uziębło
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Popular Vote ◽  
Advantages And Disadvantages ◽  
The Future ◽  
The Will ◽  
The Republic ◽  
Constitutional System

The problems raised in the doctrine of constitutional law related to the implementation of a decision taken in a referendum in matters of particular importance to the state, as well as the generally marginal use of the institution of popular vote in the constitutional prac-tice, give rise to reflection on the introduction of the institution of a referendum law into the Polish constitutional system. In this article the author considers the advantages and disadvantages of such a solution, analyzing at the same time contemporary normative regulations concerning such acts in other countries. The research leads to the conclusion that despite the risks involved, the refer-endum law should appear in the Polish constitutional system in the future, as it would not only give a chance for a more complete reflection of the will of the collective subject of sovereignty without the necessity of its decoding by the parliament, but it could also be an impulse for the development of the referendum practice in the Republic of Poland. However, it is important to introduce proce-dural barriers that will prevent depreciation of this institution.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals The Two-State Model and Israeli Constitutionalism

2015 ◽  
Vol 44 (4) ◽  
pp. 7-20
Author(s):  
Mazen Masri
Keyword(s):  
Vantage Point ◽  
The State ◽  
State Model ◽  
Jewish State ◽  
The People ◽  
Potential Impact ◽  
Constitutional System ◽  
Definition Of ◽  
Constitutional Regime ◽  
Two State Model

Partitioning historic Palestine into two states is often presented as the most plausible solution to the Israeli-Palestinian conflict. This article examines the potential impact of such a development on the Palestinian citizens of Israel (PCI), primarily from the vantage point of Israel's constitutional regime. The article explores three fundamental aspects of the Israeli constitutional system—its instability, the “Jewish and democratic” definition of the state, and the exclusion of the PCI from “the people” as the unit that holds sovereignty—and argues that the envisaged two-state solution will only reinforce the definition of Israel as a Jewish state and consequently provide further justification for the infringement on the rights of its Palestinian citizens.

scholarly journals Applied aspects of accounting the principle of the rule of law in system analysis and simulation of the state system of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 14-18
Author(s):  
V.F. Obolentsev
Keyword(s):  
Rule Of Law ◽  
Systems Engineering ◽  
System Analysis ◽  
Civil Liberties ◽  
System Engineering ◽  
The State ◽  
State System ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
The Law

The rule of law is a fundamental principle of the legal sphere. Its assertion in the state institutions of democratic countries is an outstanding achievement of mankind. The implementation of this principle is the basis of civil society and civil liberties. The rule of law is the supremacy of law in society. The rule of law provides for its implementation in law-making and law enforcement activities. The manifestation of the rule of law is that the law is not limited to legislation as one of its forms, but also includes other social regulators (norms of morality, traditions, customs, etc., which are legitimized by society). All these elements of law are united by a quality that corresponds to ideology of justice – the idea of law, which is largely implemented in the Constitution of Ukraine. The first problem for the implementation of the principle of law in Ukraine is that this principle has not yet received the proper normative consolidation and official interpretation. The second problem is its extension to socio-economic rights and social benefits. The third problem is the insufficient level of legality in our state. The aim of the paper is to establish the peculiarities of implementation of the principle of the rule of law at the present stage of development of scientific and technological progress. The task of the paper is to investigate the peculiarities of implementation of the rule of law in the application of information and analytical technologies of system engineering in the legal sphere. In accordance with the experience of using information-analytical technologies of system engineering in the legal sphere, the paper outlines the peculiarities of implementation of the principle of the rule of law in the system analysis and modeling of the state system of Ukraine. The principle of the rule of law must be taken into account in such modeling as "governing circumstance". That is the resource according to which the state system of Ukraine functions. Our preliminary works give grounds to assert that information and analytical technologies of systems engineering are also a promising methodological tool for studying the principles of state building. The principle of the rule of law is the cornerstone of building a democratic state governed by the rule of law in Ukraine. Three years ago, scholars moved away from identifying the rule of law with the law-creating instruments.

scholarly journals Changes of segetal vegetation of the Piotrków Plain during the last 22 years. Part 1. Communities of weeds of winter cereal cultures

2013 ◽  
Vol 47 (1) ◽  
pp. 5-36
Author(s):  
A. Urszula Warcholińska
Keyword(s):  
Present State ◽  
The State ◽  
Winter Cereal ◽  
Weed Communities ◽  
Segetal Communities

This paper presents the results of research in segetal communities of winter cereal cultures of the Piotrków Plain (Figure 1) which took place during the period between 1971 and 1972 and between 1992 and 1993. On the basis of 205 phytosociological records, taken in 103 localities in the years of 1971 and 1972 (Figure 2), 6 associations were distinguished (Tables I-IX): <i>Spergulo-Veronicetum dillenii, Arnoserido-Scleranthetum, Papaveretum argemones, Vicietum tetraspemae, Aphano-Matricarietum, Caucalido-Scandicetum</i>. According to the repeated listing carried out in the years 1992 and 1993 the changes of the communities of the mentioned items were disclosed. The comparison of the present state of the weed communities of the winter cereal cultures on the researched area with the state of 22 years ago allowed to note that the changes in the analyzed agrophytocoenoses are caused by progressive anthropopressure.

scholarly journals STATE MANAGEMENT IN THE AREA OF ENSURING THE SECURITY OF THE COURT AND PARTICIPANTS IN LEGAL PROCEDURES

2020 ◽  
Vol 10 (1) ◽  
pp. 73-89
Author(s):  
Vadym Kolomiiets ◽  
Tetiana Lukianenko ◽  
Daria Lazareva ◽  
Nana Bakaianova ◽  
Oksana Kadenko
Keyword(s):  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
State System ◽  
Situational Analysis ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
State Management ◽  
The Usa ◽  
Judicial Protection

The authors investigated the features of the legal regulation of the functioning and organizational aspects of the activities of the authorities, the competence of which includes ensuring the security of the court, judges, and other participants of legal proceedings.Particular attention is paid to the intergovernmental body of the Council of Europe - The European Committee on Legal Co-operation (CDCJ), one of the activities of which is to ensure the proper functioning of the judiciary. The features of the general project between the CDCJ and Ukraine “Support for judicial reform in Ukraine (voluntary contribution)” are identified. The features of the activities of sheriffs in Canada and the USA, the regulatory documents of these countries, which determine the status and competence of the sheriffs in the field of judicial protection, are highlighted. The chronology of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings, from 1997 to the present, is investigated. In the course of the study, the authors have been determined the individual stages of the establishment in Ukraine of the state system for protecting the court, judges, and other participants of legal proceedings; the competence of state bodies to ensure judicial protection and the legal basis for their activities, depending on the period of operation. The content of the norms of some regulatory legal acts of Ukrainian legislation, which regulates the activities of the bodies responsible for ensuring the security of the court, judges, and other participants of legal proceedings, is disclosed. The scheme of “gap” while elemental situational analysis of safety of participants in legal proceedings is examined. A matrix for ranking the factors of complex security of participants of judicial system and recommendations on development of public management in the area of legal and judicial security.

scholarly journals ALGEBRA* VIOLENCE ALGEBRA CRATY

2020 ◽  
pp. 12-23
Author(s):  
Vadym Chuiko ◽  
Valerii Atamanchuk-Angel
Keyword(s):  
Sustainable Development ◽  
Direct Product ◽  
The State ◽  
State System ◽  
The Other ◽  
Philosophical Thought ◽  
Human Culture ◽  
Full Responsibility ◽  
Abstract Notion ◽  
Almost All

Almost all philosophy about the state system has concentrated on the authorities. Any function of the state can be represented as a superposition of the functions of violence / coercion. Ultimately, the state appears to be a kind of plurality of subjects with a definite crater power / coercion / violence operation on it. The algebra of trust on the multiplicity of owners of themselves, endowed with free future, is each of them is only a part of nature, еру carrier of the part of the general human culture, and for their completeness, they have and understand the need for the Other. This is the philosophy of solving political, environmental, and climate challenges not through violent / voluntaristic methods, but by the recognition of sovereign rights and the search for ways to achieve sustainable development. Any cracy / power / coercion / violence must be separated from the models of society, the state. Public agreement is not an agreement with the abstract notion of the state, but an agreement with definite elected people who have gained the trust of those to whom they temporarily render their services. Contract is temporary, limited by period, with obligatory full responsibility of the parties. Scientific novelty. For more than two thousand years, long before Aristotle and Plato, European philosophical thought, reflecting on the structure of society, wanders in the labyrinths of kratia. Modern achievements of mathematics provide an opportunity to build ideal political objects, and a direct product of material and ideal government building. (Example of a trust algebra [4].)

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