constitutional inflation

2021 ◽  
Author(s):  
Abdulhamid Alawaq
Keyword(s):  
Judicial Review ◽  
Research Paper ◽  
The State ◽  
Constitutional Rule ◽  
The People ◽  
Islamic Jurisprudence ◽  
The Status ◽  
Public Rights ◽  
Definition Of

One of the methods that the authority uses to empty the constitutional text of its content and prevent it from achieving its goal is its resort to the two phenomena of “constitutional inflation” in sites that the nation does not need, and “constitutional failure” in sites that are expected from the text to protect public rights and freedoms or prevent an authority from overpowering the rest of the authorities. This is how the authority did in the Syrian constitution of 2012. It resorted to both phenomena together to achieve its goal of using the constitution as a tool and not as a control of the authority’s work. If legislative inflation is clear to legal jurisprudence, constitutional inflation is shrouded in ambiguity, so it resorted to a procedural definition of the research paper and considered every constitutional rule that does not bear the status of binding as a type of inflation. then I applied this definition to the general principles contained in the Syrian constitution in 32 articles, unlike democratic constitutions, which are shortened to articles regulating the general principles of the state. It became clear to me that only five articles are binding and the rest are non-binding guiding articles that are not suitable for reliance on judicial review. I have studied the rule (Islamic jurisprudence is a major source of legislation) in Syria and Egypt, and it has become clear to me that the authority intends to put it into place as a kind of distraction from paying attention to the rest of the constitution’s rules regulating public liberties and powers, even though the constitutional doctrine considers them to be non-binding. The struggle between the components of the people is still going on when drafting any constitution on general principles, most of which do not carry legal value.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

Need of Human Rights as a Better Way of Life

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian
Keyword(s):  
Human Rights ◽  
Basic Needs ◽  
Research Paper ◽  
Human Being ◽  
Way Of Life ◽  
Labour Unions ◽  
The People ◽  
The Subject ◽  
Definition Of ◽  
Made In

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.

On the Development of Islamic Jurisprudence

1999 ◽  
Vol 16 (1) ◽  
Author(s):  
Murad Wilfried Hofmann
Keyword(s):  
The State ◽  
Current State ◽  
Islamic Jurisprudence ◽  
The Status ◽  
Sensitive Issues ◽  
Status Of Women ◽  
Islam And Democracy

This article examines the state of Islamic jurisprudence with regard to many sensitive issues, such as the status of women and minorities in Islam, Islam and Democracy, hudud punishments. The author explores the current state of Islamic discourse on jurisprudence and identifies three approaches-traditional, secular and reformist. The paper explores the positions of the traditional ulama and the reformist muj­tahids on the mentioned topics and finds the reformist position more sensible and closer to the position of ihe Qur'an and Sunnah. This paper while advocating neo-ijtihad, makes an impressive case for the merit???? and Islamic credibility of the reformist jurisprudence.

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 FORKLÆDTE PENGE: En diskussion af brugerbetaling i en gratis nicaraguansk folkeskole

2018 ◽  
Author(s):  
Clara Rübner Jørgensen
Keyword(s):  
Social Consequences ◽  
Economic Aspects ◽  
School Expenditures ◽  
The People ◽  
The Status ◽  
Definition Of ◽  
The City ◽  
The Way ◽  
Marginalized Families

On the basis of data collected during fieldwork in the city of León, Nicaragua, this article discusses the paradox of many Nicaraguan parents describing their children’s school as being free of charge despite the fact that they are frequently asked to pay for it. The article shows that, in spite of the constitutional definition of education as free and equal for all Nicaraguans, parents are often asked for economic contributions. By analysing the values surrounding the school I suggest that values of responsibility and solidarity influence the way that parents conceptualize their school expenditures and, in relation to this, confirm the status of the school as free. Furthermore, the article describes how Nicaraguan parents often compare the school to their home and describe the relation between teacher and students by using family terms. Inspired by the theory of the American sociologist James Carrier, I argue that this comparison, in addition to the values of responsibility and solidarity, further influences the way Nicaraguan parents and children experience their economic contributions. Finally, I argue that even though the users of the school describe it as free of charge, it remains necessary to recognize its economic aspects, since a lack of recognition can turn out to have important individual and social consequences for the people involved, especially, for the most economically marginalized families.  

scholarly journals CATUR PURUSA ARTHA LENSA DEKONSTRUKSI DEFINISI PAJAK YANG BERKEADILAN

Equity ◽  
2019 ◽  
Vol 20 (2) ◽  
pp. 1
Author(s):  
I Nyoman Darmayasa ◽  
Yuyung Rizka Aneswari
Keyword(s):  
Tax Compliance ◽  
The State ◽  
The People ◽  
Definition Of ◽  
Stimulation Of

Catur Purusa Artha Lens of Deconstruction Equitable Tax Definition. The study aims to deconstruct the definition of tax with Catur Purusa Artha (CPA) lens. Research using postmodern paradigm focused on modernity disagreement of tax definition based on act. Tax definition for the result of deconstruction namely Dharma in the form of funds contribution that conducted sincerely from individual’s or entity’s Artha to the state which will be distributed based on Kama for the purposes of the state for the welfare of the people. The essence of the deconstruction definition provide a sense of equitable and stimulation of tax compliance.

Legislative Department

2020 ◽  
pp. 73-104
Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer
Keyword(s):  
Supreme Court ◽  
House Of Representatives ◽  
The State ◽  
Legislative Authority ◽  
The People ◽  
Definition Of ◽  
The Right ◽  
Supreme Court Rulings ◽  
The U.S

This chapter assesses Article V of the Oklahoma constitution, which concerns the legislative department. Section 1 states that “the Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives.” However, “the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act of the Legislature.” Section 2 provides for the designation and definition of reserved powers. Initiative means the power of the people to propose bills, and to enact or reject them at the polls. Referendum is the right of the people to have bills passed by the legislature submitted to the voters for their approval. Meanwhile, in May 1964, the Oklahoma constitution was amended to conform to the U.S. Supreme Court rulings. The amendment passed and Sections 9 through 16 were replaced with Sections 9A through 11E. The chapter then details the provisions for the Senate and the House of Representatives.

Administrative Procedure and Judicial Review in China

2021 ◽  
pp. 44-46
Author(s):  
Xiaowei Sun
Keyword(s):  
Public Interest ◽  
Judicial Review ◽  
Global Market ◽  
The State ◽  
International Standards ◽  
Administrative Litigation ◽  
The Public ◽  
Administrative Procedure ◽  
Definition Of ◽  
Direct Applicability

This chapter focuses on administrative procedure and judicial review in China. Despite its willingness to adapt to the rules of the global market, China does not accept the direct applicability of international standards in administrative litigation. Judicial review of administration is based on a set of legislative texts and judicial interpretations by the Supreme People's Court. Among these texts, the Administrative Litigation Law regulates the judicial review of administrative acts. There are two lists in its chapter concerning the scope of judicial review: one includes the administrative acts that are open to judicial review, another the acts that are not reviewable. In any case, it is up to the courts to examine the following two combinations of criteria: the degree of the seriousness of the infringement with the definition of the state interest and that of the public interest; and the degree of procedural breach with the definition of the real impact on the rights of the plaintiff. According to Article 76 of the ALL, in the case of annulment and/or declaration of unlawfulness of an administrative act, a court may order the administration to take measures to compensate the damage inflicted on the plaintiff.

The Theory of the State as a Sovereign Juristic Person

1948 ◽  
Vol 42 (1) ◽  
pp. 16-31 ◽  
Author(s):  
Kenneth C. Cole
Keyword(s):  
Political History ◽  
Public Law ◽  
The State ◽  
Popular Sovereignty ◽  
General Conception ◽  
The People ◽  
Democratic System ◽  
Definition Of ◽  
Constitutional Morality

The casual student of Western political history encounters sovereignty in a number of guises. In the stage of absolute monarchy, it was a personal endowment of princes; in the stage of democracy, it seems to be a collective endowment of the “nation” or the “people.” In the latter period, moreover, a definition of law as the command of a sovereign becomes increasingly popular.These various contexts for sovereignty will already have suggested the protean possibilities of the general conception, but the student will have had little difficulty in sensing its generally anti-constitutional influence. Even popular sovereignty, which sounds the least dangerous, has had to be offset by opposing institutions in accounting for the relatively high constitutional morality of the democratic system.While, therefore, it is not surprising to find sovereignty again (and in a still different guise) when we examine the leading conceptions of American public law, one well may marvel to find it accorded a key position among them. For, strange to say, the sovereignty of the state is widely accepted as the cornerstone of a legal edifice which the lawyers themselves appear to have laid.

scholarly journals Climate Change and Human Migration: Towards More Humane Interpretation of Refugee

2018 ◽  
Vol 2 (2) ◽  
pp. 220
Author(s):  
I Gede Eka Sarjana
Keyword(s):  
Climate Change ◽  
Human Migration ◽  
Internally Displaced ◽  
Legal Documents ◽  
The People ◽  
The Status ◽  
Legal Document ◽  
Environmental Refugee ◽  
Definition Of ◽  
Legal Concepts

This article seeks to highlight the existing 1951 Convention relating to the Status of Refugees (hereinafter referred to as Refugee Convention) and the possibilities of the document to encompass climate-induced migration by modifying, reconstructing and establishing a specific legal regime, considering that the concept of Internally Displaced Persons (IDPs) has been inadequate and incapable to incorporate the ‘newly introduced’ type of migrant. The definition of refugee in the Convention explicitly limits the scope of people who are forced to flee their home into migrants due to warfare and civil disturbance. In fact, there are people who can no longer gain decent livelihood due to environmental and social problems including poverty, drought, soil erosion, desertification, deforestation, floods and other environmental deterioration. However, these people have not been legally accepted as ‘refugee’ in the international arena. The author argues that ‘environmental refugee’ or ‘climate refugee’ is a clear and present issue, as climate change-related disasters are rampant and deteriorating. Therefore, this article will examine the existing and potential role of international law in effectively responding to climate change and its related humanitarian problems in the future. The development of a specific legal document on environmental refugee and the global acceptance of the status of the people not only represent a short-term solution for the affected people, but also introduce a long-term commitment of international community to alleviate poverty and guarantee the fulfilment of basic human rights and social justice for everyone. This article primarily investigates relevant legal documents and discovers some legal and non-legal concepts that are connected to the central topic of this article.

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