Party and the Augustan Constitution, 1694-1716: Politics and the Power of the Executive

1978 ◽  
Vol 10 (3) ◽  
pp. 193-208
Author(s):  
Dennis A. Rubini

William of Orange tried to be as absolute as possible. Inroads upon the power of the executive were fiercely resisted: indeed, William succeeded in keeping even the judiciary in a precarious state of independence. To maintain the prerogative and gain the needed supplies from parliament, he relied upon a mixed whig-tory ministry to direct court efforts. Following the Glorious Revolution, the whigs had divided into two principle groups. One faction led by Robert Harley and Paul Foley became the standard-bearers of the broadly based Country party, maintained the “old whig” traditions, did not seek office during William's reign, tried to hold the line on supply, and led the drive to limit the prerogative. The “junto,” “court,” or “new” whigs, on the other hand, were led by ministers who, while in opposition during the Exclusion crisis, held court office, aggressively sought greater offices, and wished to replace monarchy with oligarchy. They soon joined tory courtiers in opposing many of the Country party attempts to place additional restrictions upon the executive. To defend the prerogative and gain passage for bills of supply, William also developed techniques employed by Charles II. By expanding the concept and power of the Court party, he sought to bring together the executive and legislative branches of government through a large cadre of crown office-holders (placemen) who sat, voted, and directed the votes of others on behalf of the government when matters of importance arose in the Commons. So too, William claimed the right to dissolve parliament and call new elections not on a fixed date, as was to become the American practice, but at the time deemed most propitious over first a three-year and then (after 1716) a seven year period.

1906 ◽  
Vol 20 ◽  
pp. 149-169
Author(s):  
B.D. John Willcock

The idea that at the Restoration the Government of Charles II. wantonly attacked a Church that otherwise would have remained at peace and in the enjoyment of hardly-won liberties is not in accordance with facts. The Church was divided into two warring factions—that of the Remonstrants or Protesters and that of the Resolutioners. The former were the extreme Covenant party and had as their symbol the Remonstrance of the Western army after the Battle of Dunbar, in which they refused to fight any longer in the cause of Charles II. The Resolutioners were the more moderate party, which accepted him as a Covenanted King, and they derived their name from their support of certain Resolutions passed in the Parliament and General Assembly for the admission of Royalists to office under certain conditions. The Protesters—who numbered perhaps about a third of the Presbyterian clergy—claimed, probably not without reason, to be more religious than their opponents. They were very eager to purge the Church of all those whose opinions they regarded as unsatisfactory, and to fill up vacant charges with those who uttered their shibboleths. In their opposition to the King they naturally drew somewhat closely into sympathy with the party of Cromwell, though, with the fatal skill in splitting hairs which has afflicted so many of their nation, they were able to differentiate their political principles from what they called ‘English errors.’ The Resolutioners, on the other hand, adhered steadily to the cause of Charles II., and came under the disfavour of the Government of the Commonwealth for their sympathy with the insurrection under Glencairn and Middleton which had been so troublesome to the English authorities.


1943 ◽  
Vol 37 (2) ◽  
pp. 290-305
Author(s):  
Floyd M. Riddick

The course of affairs in the second session of the Seventy-seventh Congress can best be differentiated from that of all recent years if examined with the thought that the United States is in an “all-out” war. That was how the President presented the situation to Congress on January 6 in his annual message on the state of the Union. And that was the phrase frequently used throughout the year by Representatives and Senators as an argument for or against enacting controversial bills, delegating unprecedented regulative powers, or appropriating many billions of dollars to defray governmental expenses.On the other hand, while all of the recommendations for legislation embodied in the President's message were designed to bring the war more quickly to a close, Congress was asked by the Administration at various times during the year for the enactment of measures not related to the defense program, as the proposals to “rid Congress of trivia” and for settlement of claims of American nationals against the government of Mexico. The House and Senate, likewise, of their own accord, troubled themselves with such matters as the repeal of poll tax laws, the right of Senator Langer to his seat in the Senate, and the so-called “Congressional pension bill.”


2018 ◽  
Vol 18 (1) ◽  
pp. 71
Author(s):  
Linda Evirianti

Everyone has the right of religious freedom or belief which becomes one of important parts of Human Rights (HAM/Hak Asasi Manusia). Thus, no one can be subjected to coercion that can interfere his freedom to adopt or embrace a religion or belief of his choice. The main characteristic of modern constitutional state is the guarantee of human rights in its constitution. In the Constitution NKRI 1945 has set human rights and the rights of citizens in the form of guarantees freedom for each citizen to embrace religion and worship according to their religion or belief. A state guarantees the freedom of each citizen to adopt a religion or belief, but the state (the government) must regulate the freedom in implementing and practicing a religion or belief so that the government can respect, protect, enforce and promote Human Right (HAM) and conserving security, order, health or public morals. Speaking of human rights in Islam is not an historical product arising from human ideology, a concept that has a theological dimension and will be accountable to God. Freedom of thought, conscience, religion and belief is part of the most important human rights, even have status as a right that should not be reduced and violated under any circumstances. On the other hand, religious freedom protects the phenomenon that can be controversial and dangerous for human existence, because religion and systems of ideological belief can be misused to trigger intolerance, discrimination, prejudice, hatred, and violence.[Setiap orang berhak atas kebebasan beragama atau kepercayaan yang menjadi salah satu bagian penting Hak Asasi Manusia. Dengan demikian, tidak ada yang bisa terkena paksaan yang bisa mengganggu kebebasannya untuk mengadopsi atau menganut agama atau kepercayaan pilihannya. Karakteristik utama negara konstitusional modern adalah jaminan hak asasi manusia dalam konstitusinya. Dalam Konstitusi NKRI 1945 telah menetapkan hak asasi manusia dan hak warga negara dalam bentuk jaminan kebebasan bagi setiap warga negara untuk merangkul agama dan ibadah sesuai agama atau kepercayaan mereka. Sebuah negara menjamin kebebasan setiap warga negara untuk mengadopsi agama atau kepercayaan, namun negara (pemerintah) harus mengatur kebebasan dalam melaksanakan dan mempraktikkan agama atau kepercayaan sehingga pemerintah dapat menghormati, melindungi, menerapkan dan mempromosikan Hak Asasi Manusia (HAM). Dan melestarikan keamanan, ketertiban, kesehatan atau moral publik. Berbicara tentang hak asasi manusia dalam Islam bukanlah produk historis yang muncul dari ideologi manusia, sebuah konsep yang memiliki dimensi teologis dan akan bertanggung jawab kepada Tuhan. Kebebasan berpikir, hati nurani, agama dan kepercayaan adalah bagian dari hak asasi manusia yang paling penting, bahkan memiliki status sebagai hak yang tidak boleh dikurangi dan dilanggar dalam kondisi apapun. Di sisi lain, kebebasan beragama melindungi fenomena yang bisa kontroversial dan berbahaya bagi eksistensi manusia, karena agama dan sistem kepercayaan ideologis dapat disalahgunakan untuk memicu intoleransi, diskriminasi, prasangka, kebencian, dan kekerasan.]


2017 ◽  
Vol 2 (2) ◽  
pp. 38
Author(s):  
Agung Yudhistira Nugroho

<p>Ahmadiyya saga in Indonesia just like a never ending stories. Starting from the non-acceptance of them in society, violence and intimidation, pressure from Islamic organizations and the Indonesian Ulema Council. The government placed in the position of a dilemma. On one hand the government is required to protect its citizens in this regard Ahmadiyya followers are intimidated by a group or community that does not accept them, on the other hand the government must determine the manner in which the Government should disband and ban the Ahmadiyya. When the Ahmadiyya and other religious people defended using the excuse of the Universal Declaration of Human Rights, the UN Human Rights artificial precisely considered weak and unable to protect Palestinians from Israeli attacks.  From here then comes the problem of where the followers of the Ahmadiyya to be able to put themselves in a society that does not accept them, Not an easy task to find the right solution for this case. Solutions that can be offered is to address these differences by looking at the cornerstone of our country Pancasila which has a single slogan Unity in Diversity. In that case author also concern about how the the government in maintaining security for Ahmadiyya followers whom a citizen of Indonesia as well? This is what will be studied in this paper.</p><p> </p>


2020 ◽  
pp. 331-338
Author(s):  
Muhammad Suleman Nasir ◽  
Fida Ur Rahman

The second most important pillar of Islam after prayers is Zakat. In the Qur'an, the command of obligatory prayers and zakat has been mentioned together in (82) places. Zakat is the backbone of the Islamic economic system. The philosophy behind the ruling on the payment of Zakat is that the Islamic government should provide the whole society with such an economic system, way of life and social structure in which the needs of the needy people of the society can be met. Islam has made it the duty of every rich Muslim to withdraw one and a half per cent of his accumulated wealth on an annual basis and deposit it collectively in the government treasury. Government has to spend the money of Zakat on meeting the needs of the poor, needy and impoverished people of the society. This is only the right of those deserving whose details have been explicitly stated in the books of Qur'an, Hadith and Fiqh. Zakat is the right of human beings, on the one hand, and on the other hand, it is also the right of Allah. Due to its non-payment, on the one hand, the right of human beings is denied and on the other hand, the right of Allah Almighty is denied. Therefore, it is very important to deliver the amount of Zakat to its rightful owners. The Qur'an mentions eight uses of zakat. It is an important issue in the present times to bring Zakat to its actual recipients. This article examines the recipients of Zakat and the current situation and how these recipients can be made appropriate in a proper manner.  


2016 ◽  
Author(s):  
Maria Chiara Pievatolo

Is it right to wage war to export democracy, or -- as Kant would have said -- to interfere forcibly in the constitution and in the government of another state with the goal of transforming it into a republic? The answer of Kant is contained in the fifth preliminary article of the Perpetual Peace and it leans towards non-interventionism: a bad constitution can never justify a war, because it may be the root only of a scandalum acceptum. To understand the meaning of scandalum acceptum we have to become aware that it is a term originating from moral theology, which we should translate into the language of international law. Most of Kant's contemporaries still understood the scandal as the sin of advertising a sinful behavior. A scandalum is only acceptum, however, if the act that inspired others to sin has been done without the intention to give them a bad example. A flawed constitution can only be the occasion of a scandalum acceptum because its legal power does not spread its influence beyond the border of its state. If a nation chooses to imitate the allegedly wrong constitution of another state, its choice only depends on its sovereignty, because it is a matter of internal constitutional law. On the other hand, waging war against another country because of its allegedly flawed constitution is a worse kind of scandal, the scandalum datum, because it involves an international law principle of limited sovereignty according to which every state has the right to assault another state because of its constitution.


2016 ◽  
Vol 6 (1) ◽  
Author(s):  
Aimmatul Alawiyah

In order to protect Ahmadiyah in East Java, the executive body of East Java Province has issued a Degree No. 188/94/KPTS/013/2011 regarding the prohibition of the Ahmadi’s activity in east java. However, it becomes controversial. On one hand, it is considered protecting minority’s right, but on the other hand, it also weakens the position of Ahmadiyah toward majority’s group outside Ahmadiyah. One implication of the degree is the loss of the primer rights of the group in worshiping their belief in accordance with their faith. Combining Kymlicka’s external protection and internal restriction, this article attempts to analyze the implication from the government degree. The basic assumption of this article is that the country is incapable to protect the existence of minority group, Ahmadiyah. The finding shows that the Government of East Java cannot protect the principle rights of Ahmadiyah, especially the right to worship based on their religious belief. As a response to this restriction, Ahmadiyah has applied an internal restriction towards their members that protect themselves from the majority. However, this restriction does not have a penalty so it is considered protecting individual rights of Ahmadiyah group.


1978 ◽  
Vol 17 (2) ◽  
pp. 1-18 ◽  
Author(s):  
Henry Horwitz

The war against France was the most potent force for change in English government and politics in William III's reign, but during those same years the contest for control of the lucrative East India trade also set off strong reverberations at Whitehall, in parliament, and even in the constituencies. Ever since its reorganization in the 1650s, the East India Company had been subjected to intermittent attack from a motley array of foes: some questioned the desirability of the bullion-greedy trade to the Far East, others disputed the Company's exclusive commercial privileges held under the royal charters of 1661 and 1683 and argued for a regulated company, and from the early 1680s onwards a number of once prominent Company members (most notably, Thomas Papillon) challenged the directorate of Sir Josiah Child. In turn, the Glorious Revolution ushered in the decisive phases of the dispute between the Company and its enemies — a controversy finally brought to a peaceful conclusion only in the closing months of William's reign.By 1689, the struggle for control of the East India trade had already developed a “constitutional” dimension and taken on a political tinge. On the one hand, there was the question, first raised by the critics of the early Stuarts, whether any group could be endowed with a commercial monopoly by virtue of royal charter alone. On the other hand, there was the issue of the Child clique's close identification with the Stuart Court during the 1680s — a “Tory” posture Sir Josiah and his associates had adopted in order to ward off challenges to their own predominance and to the Company's privileges.


Edupedia ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 55-64
Author(s):  
Agus Supriyadi

Character education is a vital instrument in determining the progress of a nation. Therefore the government needs to build educational institutions in order to produce good human resources that are ready to oversee and deliver the nation at a progressive level. It’s just that in reality, national education is not in line with the ideals of national education because the output is not in tune with moral values on the one hand and the potential for individuals to compete in world intellectual order on the other hand. Therefore, as a solution to these problems is the need for the applicationof character education from an early age.


GEOgraphia ◽  
2010 ◽  
Vol 7 (14) ◽  
Author(s):  
Márcio Piñon de Oliveira

A utopia do direito à cidade,  no  caso específico do Rio de Janeiro, começa, obrigatoriamente, pela  superação da visão dicotômica favela-cidade. Para isso, é preciso que os moradores da favela possam sentir-se tão cidadãos quanto os que têm moradias fora das favelas. A utopia do direito à cidade tem de levar a favela a própria utopia da cidade. Uma cidade que não se fragmente em oposições asfalto-favela, norte-sul, praia-subúrbio e onde todos tenham direito ao(s) seu(s) centro(s). Oposições que expressam muito mais do que diferenças de  localização e que  se apresentam recheadas de  segregação, estereótipos e  ideologias. Por outro  lado, o direito a cidade, como possibilidade histórica, não pode ser pensado exclusivamente a partir da  favela. Mas as populações  que aí habitam guardam uma contribuição inestimável para  a  construção prática  desse direito. Isso porque,  das  experiências vividas, emergem aprendizados e frutificam esperanças e soluções. Para que a favela seja pólo de um desejo que impulsione a busca do direito a cidade, é necessário que ela  se  pense como  parte da história da própria cidade  e sua transformação  em metrópole.Abstract The right  to the city's  utopy  specifically  in Rio de Janeiro, begins by surpassing  the dichotomy approach between favela and the city. For this purpose, it is necessary, for the favela dwellers, the feeling of citizens as well as those with home outside the favelas. The right to the city's utopy must bring to the favela  the utopy to the city in itself- a non-fragmented city in terms of oppositions like "asphalt"-favela, north-south, beach-suburb and where everybody has right to their center(s). These oppositions express much more the differences of location and present  themselves full of segregation, stereotypes and ideologies. On  the other  hand, the right to  the city, as historical possibility, can not be thought  just from the favela. People that live there have a contribution for a practical construction of this right. 


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