scholarly journals Political pluralism as a factor in the development of modern society and state

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Sergey D. Andreev ◽  
Emma V. Bitsieva ◽  
Olga V. Lepeshkina ◽  
Dmitry M. Polonsky ◽  
Marina S. Savchenko

This paper presents the results of a study devoted to the legal phenomenon of political pluralism as a factor in the development of modern society and the state by the example of classical democratic countries. At the same time, attention is focused on such components of political pluralism as formalization of freedom of speech and assembly; a multi-party system, as well as a mechanism for coordinating the interests of various social groups at the parliamentary level. It was found that the most acceptable is the model operating in the FRG, since it allows people to find a balance between guarantees of political diversity, such as freedom of speech and the right to public events. The interaction between civil society institutions and parliamentarians is especially advisable when making decisions in the domestic and foreign policy of the state.

2021 ◽  
pp. 111-118
Author(s):  
Z.Kh. Kobleva ◽  
I.A. Karataban

The article analyzes modern Internet technologies that have a significant impact on the process of relations between the civil society and the state, considers the possibilities of building a dialogue between government bodies with representatives of various social groups, using modern Internet technologies. Special attention is paid to the Internet communications system, as an important principle in the implementation of the policy of openness and accessibility in the activities of public authorities, the priority of which is noted in the relevant regulatory legal acts. The article reveals the mechanism of communication of citizens with state authorities and local self-government through the system of state portals. In this regard, it is necessary to highlight an important feature of the Internet dialogue at the present time: it is close interaction between the subjects of communication, which is increasing due to the modern technical characteristics of the Internet. The relevance of the article is due to the emergence of a serious scientific interest in new forms of Internet communication. The purpose of the article is to study and consider the features of the modern Internet dialogue between the subjects of communication, which is increasing due to the modern technical characteristics of the Internet. In accordance with a specific goal, the following tasks have been set and solved: - to study the concept, forms and organization of communication via the Internet; - to find out the advantages and disadvantages of virtual communication; - to consider the features of the Internet dialogue on the Internet. The practical significance of the article lies in the use of provisions and conclusions in the process of communication between the state and civil society. The methodological basis of the article includes a systematic approach, and methods of comparison and observation. Thus, an information-rich environment can act as an effective platform for the interaction of various people and social groups, representing one of the universal means of communication and information transfer. With the growth of modern computer technologies, the forms and methods of Internet communications are constantly changing and improving. It should be noted that the Internet space is a part of modern society, in which each person has the opportunity for self-realization, which, in turn, arouses great interest from scientists in this topic.


Polity ◽  
2011 ◽  
Vol 43 (3) ◽  
pp. 337-357 ◽  
Author(s):  
Neil A. Englehart

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.


2020 ◽  
Vol 16 (2) ◽  
pp. 181-198
Author(s):  
Inger Skjelsbæk ◽  
Torunn Lise Tryggestad

Abstract The national self-image of Norway is as a gender-equal and peace-promoting nation. Norwegian gender equality policies grew out of a strong social and political civil society engagement from below combined with equal rights laws as well as quota systems implemented from above by the state. In this paper, we explore the intersection of pro-gender norms and peace engagement in Norwegian foreign policy. While gender mainstreaming has been on the agenda of Norwegian development cooperation for decades, the introduction of pro-gender norms in peace engagement is a more recent phenomenon. How are gender equality norms and concerns understood and promoted by Norwegian peace facilitators in practice. And how are pro-gender experiences, values, and norms balanced in Norwegian peace engagement?


Hegel's Value ◽  
2021 ◽  
pp. 222-275
Author(s):  
Dean Moyar

This chapter utilizes the structure of life and valid inference to analyze the internal structure of Civil Society and the State as well as the relationship between the two institutional spheres. The chapter unpacks the passage from the Logic in which Hegel describes the State as a totality of inferences with the three terms of individuals, their needs, and the government. It is shown that the “system of needs” itself forms a quasi-living institutional system of estates centered on the division of labor. This system’s inadequacy motivates the role of the “police” and corporation as ethical agencies, forms of the Good, within Civil Society. While the move to the State overcomes the individualism of “needs,” the right of the individual remains in the dynamics of “settling one’s own account” in receiving from the State a return on one’s duty to the State. Hegel treats the State proper as a constitution consisting of three powers of government that form a totality of inferential relations that has the full structure of a living organism. The executive power is examined in detail as the particularizing element in the system.


2019 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Irma Putri Fatimah ◽  
Amirudin Amirudin ◽  
Af'idatul Lathifah

Marriage is the dream of every couple, where marriage is one of the highest forms of commitment in every individual relationship that makes love. In practice marriage is the dream of every couple to continue to be together to build a household. However, the couple's desire now becomes complicated when the marriage is difficult because of different religious beliefs. The difficulty of the legality of interfaith marriages in Indonesia becomes a polemic of interfaith couples in carrying out their marriage legally in the state or religion or even opposition faced with the family. Given this interfaith marriage today is still intensively carried out even though in practice it is difficult to implement and many problems will arise in the future. Indonesia is indeed known as a multicultural nation where differences in culture and religion are inevitable, one of which is the phenomenon of interfaith marriages now that Indonesia has five legitimate religions and streams of belief that are still developing in modern society. The state agency appointed to legalize the holy marriage is still a long-standing polemic for some couples who want to formalize their marriage. However, because they want to keep each of their beliefs, the state fully regulates marriages that require couples to marry with the same beliefs and religions, whereas in practice citizens are free to make their own choices and have the right to be happy in determining their life choices, including in terms of marriage and determining their life partners each


2005 ◽  
Vol 38 (4) ◽  
pp. 897-922 ◽  
Author(s):  
Warren Magnusson

Abstract.Many people in Canada are frightened by the right of local self-government, because they are afraid of the privatization of public authority. This article suggests that municipalities can be otherwise conceived, and that a right of local self-government can be vindicated without impairing the capacity of the state or encouraging a debilitating privatism. The key is to understand that municipalities can be non-exclusive public authorities, on a different register from the state or civil society.Résumé.La crainte de la privatisation des pouvoirs publics mène de nombreux Canadiens et Canadiennes à redouter le droit à l'autonomie gouvernementale locale. Cet article suggère qu'il est possible d'envisager les municipalités autrement, et qu'on peut justifier le droit à l'autonomie gouvernementale locale sans faire entrave aux compétences de l'État et sans encourager un privatisme débilitant. L'important est de comprendre que les municipalités peuvent exercer un pouvoir public non exclusif dans leur propre zone de compétence, jouant sur un registre différent de celui de l'État ou de la société civile.


2021 ◽  
Vol 9 (3) ◽  
pp. 1-5
Author(s):  
Aleksandr Red'ko

The modern society of the Russian Federation is faced with the massive incompetence of specialists in various fields of activity and branches of knowledge. The situation reached such a climax that a person and a citizen began to be openly afraid to get sick, to turn to law enforcement or human rights bodies, to delve into the essence or content of laws in the event of any kind of tort. Setting ourselves the goal of understanding such destructive processes for the state, as well as the ways of their counteraction, we came to the conclusion that these phenomena of objective reality are associated with both external and internal causes, and one of the ways to eliminate them may be recognition and the development of the right of active citizens and civil society to legal initiative. Considering that the sphere of research interests was in the plane of law, it became possible to conduct a study in the field of legal awareness and legal education, which does not exclude the possibility of using the identified positive and negative aspects for other spheres of human and citizen's life.


2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.


2021 ◽  
pp. 166-181
Author(s):  
R. Chernysh ◽  
L. Osichnyuk

The article examines the possibility of restricting the right to freedom of speech in order to protect the national interests of the state. An analysis of normative legal acts prohibiting the dissemination of destructive information, such as calls for a violent change in the constitutional order of Ukraine, the outbreak of aggressive war, incitement to national, racial or religious hatred, etc. The right to freedom of expression is not absolute and may be limited. The article substantiates the criteria for state intervention in the information sphere, which allow limiting the dissemination of destructive information and preserving democratic values. Such criteria include the legality of the procedure, the legality of the purpose and the minimum amount of intervention. The article considers the existing mechanisms in Ukraine to respond to harmful informational influences. The law provides for liability for disseminating false information at several levels: civil, administrative and criminal. At the same time, these mechanisms are insufficient, as the concepts of «misinformation», «fake», etc. are not normatively defined. The article describes the state policy to combat destructive information influence. The bases of activity of state bodies created for the purpose of counteraction to dissemination of misinformation and propaganda are considered, namely the Center of counteraction of misinformation at Council of National Security and Defense of Ukraine and the Center of Strategic Communications and Information Security at the Ministry of Culture and Information Policy. The strategies of the state on counteraction to harmful information influence are analyzed. The Doctrine of Information Security of Ukraine is considered, which clarifies the basics of the state information policy in the direction of counteracting the destructive information influence of the Russian Federation in the conditions of the hybrid war unleashed by it. The main provisions of the Information Security Strategy, which defines the general principles of information security, are also considered. The strategies of the state on counteraction to harmful information influence are analyzed. The Doctrine of Information Security of Ukraine is considered, which clarifies the basics of the state information policy in the direction of counteracting the destructive information influence of the Russian Federation in the conditions of the hybrid war unleashed by it. The main provisions of the Information Security Strategy, which defines the general principles of information security, are also considered.


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