Legislatures and Courts

2011 ◽  
Author(s):  
Daniel Berkowitz ◽  
Karen B. Clay
Keyword(s):  
Political Competition ◽  
State Legislatures ◽  
The State ◽  
State Courts ◽  
Legal Origin ◽  
State Budget ◽  
Complex Cases

This chapter furthers the previous chapter's discussion by examining how colonial legal origin and political competition have shaped the funding of state courts. State judicial budgets are set by the state executive and legislative branches as part of a regular state budget exercise. Judicial budgets are used to pay for staff, facilities, and other resources such as professional experts who can evaluate complex cases, as well as judicial salaries. The powers that governors and legislators have to shape judicial budgets serve as reasonable and useful checks on the judicial branch. However, governors and state legislatures may also use their power in setting judicial budgets to inappropriately influence judicial rulings.

Public Law in the State Courts in 1926–1927

1927 ◽  
Vol 21 (3) ◽  
pp. 573-597
Author(s):  
Robert E. Cushman
Keyword(s):  
Metropolitan Areas ◽  
State Legislatures ◽  
State Legislature ◽  
Public Law ◽  
Fixed Number ◽  
The State ◽  
State Courts ◽  
Large Cities ◽  
The City ◽  
Equal Population

Legislative Apportionment. The problem of the representation of large cities or metropolitan districts in state legislatures is becoming increasingly difficult and acute. The number of states in which a single center of population is with each census approaching a size which entitles it, on the basis of its inhabitants, to a controlling proportion of the representatives in the state legislature grows steadily as the current of population toward the city continues to flow. Certain states have dealt with this situation by frankly and openly discriminating against these metropolitan areas by specifying that they shall never be entitled to more than a fixed percentage of the representatives. The constitutions of certain other states do not permit this, however, but require that after each decennial census a total fixed number of members in the legislative body shall be allotted equally to districts of equal population. If this is done the metropolis is guaranteed under each apportionment the increase in representation to which its proportionate increase in population entitles it. And the answer volunteered to this problem by several state legislatures has been steadily to refuse to reapportion the state.

scholarly journals Trusting the Courts: Redressing the State Court Funding Crisis

Daedalus ◽  
2014 ◽  
Vol 143 (3) ◽  
pp. 96-104
Author(s):  
Michael J. Graetz
Keyword(s):  
Public Education ◽  
Stable State ◽  
State Legislatures ◽  
Institutional Arrangements ◽  
The State ◽  
State Courts ◽  
State Court ◽  
State Revenue ◽  
Revenue Sources ◽  
Timely Fashion

In recent years, state courts have suffered serious funding reductions that have threatened their ability to resolve criminal and civil cases in a timely fashion. Proposals for addressing this state court funding crisis have emphasized public education and the creation of coalitions to influence state legislatures. These strategies are unlikely to succeed, however, and new institutional arrangements are necessary. Dedicated state trust funds using specific state revenue sources to fund courts offer the most promise for adequate and stable state court funding.

scholarly journals Corruption as a Problem of Political Theory and Political Practice

2015 ◽  
pp. 64-73
Author(s):  
A. V. Shashkova
Keyword(s):  
Political Theory ◽  
Present Article ◽  
Political Competition ◽  
Market Competition ◽  
The State ◽  
Social Consequences ◽  
Point Of View ◽  
Political Practice ◽  
State Budget ◽  
Negative Results

The present article is dedicated to the analysis of "corruption" from point of view of political practice and political theory. The present article studies historical examples of corruption: corruption during the era of Alexander the Great, Carthage, Roman Republic. The article gives the evolution of the term "corruption", pointing out current aspects of the term. The article provides positive and negative results of corruption, gives resume. The present article analyses corruption results: economical, political and social. Most important economical consequences of corruption are the following: increase of shadow economy, decrease of tax payments, weakening of the state budget, breach of market competition, decrease of market effectiveness, destabilization of the idea of market economy. Most important social consequences of corruption are the following: great distinction between the declared and real values, which creates a "double standard" of the moral and behavior, distraction of great sums from public and humanitarian development, increase of property disproportion, increase of social tension. The present article names most important political consequences of corruption: shift of ideas from public development to the security of power of oligarchy, decrease of trust to the state, decrease of image of the country at the international arena, increase of its economical and political isolation, decrease of political competition. The present article gives one of the resumes that the globalization process increases corruption. Together with globalization most important role is given to corporations and corporate corruption comes to the front raw.

State Courts

2011 ◽  
Author(s):  
Daniel Berkowitz ◽  
Karen B. Clay
Keyword(s):  
Legal System ◽  
Political Competition ◽  
Initial Conditions ◽  
State Legislature ◽  
The State ◽  
Social Outcomes ◽  
State Courts ◽  
High Court ◽  
High Courts ◽  
State High Courts

This chapter examines how a state's colonial legal system and levels of political competition in the state legislature shaped the independence of judges on the state high court. It argues that the independence of judges in state high courts influences their behavior on the bench and thus economic and social outcomes. This is because judges face the difficulties of maintaining their positions. Thus, this chapter shows how judges facing Republican electorates were more likely to vote for businesses over individuals, and how those facing Democratic electorates had the opposite voting patterns. The chapter illustrates a model emphasizing these patterns, by plotting the relationships among legal initial conditions, political competition, and state courts.

Voting and Jury Service

2020 ◽  
pp. 89-114
Author(s):  
Paula A. Monopoli
Keyword(s):  
State Legislatures ◽  
The State ◽  
State Courts ◽  
Political Rights ◽  
Nineteenth Amendment ◽  
Jury Service

Chapter 5 delves into the state cases, which asked whether voting and jury service for women were coextensive. While most courts saw the Nineteenth Amendment as self-executing in terms of voting, many construed it narrowly in terms of whether its scope encompassed other political rights, beyond voting. The chapter connects the lack of congressional enforcement legislation, pursuant to the Nineteenth Amendment, to this thin conception of its scope. It suggests that the NWP and the NLWV, although they were working in other sites of reform, like state legislatures, were not much in the state courts. And it was in those courts, that there was a possibility judges could have been persuaded to adopt a robust interpretation of the Nineteenth Amendment—one that understood it to extend other political rights to women.

Ground of mechanism of pay in a budget for the pipelinetransporting of hydrocarbon commodities

2019 ◽  
pp. 141-152
Author(s):  
Adam Bodіuk
Keyword(s):  
The State ◽  
Practical Significance ◽  
State Budget ◽  
Economic Interests ◽  
State Recognition ◽  
Main Pipelines ◽  
Business Entities ◽  
Combination Of Methods ◽  
Definition Of ◽  
Hydrocarbon Transport

The subject of the study is the mechanism for determining the fiscal fee forthe main transportation of hydrocarbon goods as a resource concept. The purposeof this article is to justify the nature and prospects of using, instead of currentrent, hydrocarbon fiscal-main income as a fiscal payment, which is brought intothe state budget by operators of the main hydrocarbon-transport system as business entities for their transportation of hydrocarbons and products of their processing through main pipelines appropriate to the economic requirements. Theresearch methodology is determined by a combination of methods: a) cognition:legal analysis (study of the regulatory framework for the use of rent); b) justification: abstract logical analysis (definition of the concepts of hydrocarbon fiscalmain income); c) generalization (substantiation of conclusions and proposals).Results of work. In the process of analyzing the regulatory legal acts that regulate the use of current annuity as payment to the budget for the main transportation of hydrocarbons, it was established that it is not a tax in the interpretationof PKU, since the essence does not meet the official definition of tax, does notmeet the accepted definition of the concept of rent. The accepted nature andmechanism of paying rent for the transportation of hydrogen resources and associated revenues of the state and users of the main hydrogen transport systemand the unpromising nature of its use as a fiscal payment are analyzed. Conclusions.It is proposed that the state pay for the territorial pumping of hydrocarbon resources according to our triple principle as hydrocarbon fiscal-main income, whichcorresponds to its essence, and accordingly change the mechanism for calculatingand depositing funds to treasury accounts. Since the funds come to the revenueside of the state budget, that is, inherently belong to state revenue. The creationof such a mechanism needs certain studies, justifications and government decisions. The same applies to land use, since the quality indicators of soils, wherethe laid pipelines are territorially different. In addition, there is a process ofchanging land for its intended purpose, for the property. The fee for movinghydrocarbon resources should be calculated depending on the type of transport,including pipelines, for a set of indicators: quantity and quality of goods, time,main tariffs and distance of its movement. The amount may be adjusted usingfactors officially established by the CMU. Since the pipelines are located in territorial lands, part of this fee should be transferred to the territorial local budgets.Theoretically, the economic use of trunk pipelines should be considered as a typeof economic environmental management. Therefore, this type of government revenue should be determined by a set of indicators, as well as taking into account the economic interests of business entities authorized by the CMU. Thus, theimplementation of our proposed fiscal payment is relevant, has scientific noveltyand promising practical significance, therefore, for state recognition it is proposedto include it in the Tax Code of Ukraine.

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.

Current Situation of the Efficiency of the National Budget Allocation in Vietnam

2019 ◽  
Vol 35 (3) ◽  
Author(s):  
Nguyen Trong Vinh ◽  
Nguyen Cam Nhung
Keyword(s):  
Budget Allocation ◽  
Current Situation ◽  
Econometric Models ◽  
The State ◽  
Policy Implications ◽  
State Budget ◽  
National Budget ◽  
Near Future ◽  
Positive Results

This research evaluates the efficiency of the state budget allocation in Vietnam in the period 2007-2016 by using econometric models of OLS, FEM, REM and FGLS. The estimated results from the model, together with the evaluation of the state budget allocation show that the budget allocation has achieved positive results, but the efficiency of budget allocation is still not high. Following this, the article gives some policy implications for Vietnam to effectively allocate the state budget in the near future.

TANGGUNGJAWAB REKTOR SEBAGAI KPA DALAM PENGELOLAAN KEUANGAN PERGURUAN TINGGI NEGERI YANG MENYELENGGARAKAN PENGELOLAAN KEUANGAN BADAN LAYANAN UMUM (PTN PK-BLU)

2018 ◽  
Vol 2 (3) ◽  
pp. 427
Author(s):  
Dewi Kania Sugiharti ◽  
Muhammad Ziaurahman ◽  
Sechabudin Sechabudin
Keyword(s):  
Public Service ◽  
The State ◽  
Service Agency ◽  
State Budget ◽  
Procurement Process ◽  
The Law ◽  
The Government

Universities that apply the concept of Public Service Agency (BLU - PK PTN ) in performing functions as an organ which is engaged in the service infrastructure support through goods or services . As an institution under the auspices of the government and the state budget receives PTN PK - BLU implement mechanisms to acquire goods or services in accordance with the law. However, the procurement process in obtaining goods or services sometimes poses problems that arise as a consequence of the passage of the procurement of goods or services involving the organs in it as PA / KPA , KDP , ULP , and Committee / Receiver Procurement Officer. Rector of the KPA in PK - BLU PTN has the authority to control the organs that carry out the process of procurement of goods / services in the environment . Errors in the procurement process of goods / services performed by the CO and the ULP / Procurement Officer causing state losses due to these errors, either due to negligence or unlawful acts. As the KPA in the process of procurement of goods / services Rector can control the organs in accordance with the authority given. The consequences are acceptable if the authorities ultimately the procurement of goods / services did not heed the warning Rector officials related procurement process of goods / services will receive sanctions. Keywords: Authorized Budget, Financial State.

IMPACT OF GOVERNMENT DEBT ON FINANCIAL SECURITY OF UKRAINE

2017 ◽  
Author(s):  
Olena Pikaliuk ◽  
◽  
Dmitry Kovalenko ◽  
Keyword(s):  
Economic Development ◽  
Public Debt ◽  
Positive Impact ◽  
The State ◽  
Financial Security ◽  
State Budget ◽  
The Public ◽  
Debt Security ◽  
The Stability ◽  
The Impact

One of the main criteria for economic development is the size of the public debt and its dynamics. The article considers the impact of public debt on the financial security of Ukraine. The views of scientists on the essence of public debt and financial security of the state are substantiated. An analysis of the dynamics and structure of public debt of Ukraine for 2014-2019. It is proved that one of the main criteria for economic development is the size of public debt and its dynamics. State budget deficit, attracting and using loans to cover it have led to the formation and significant growth of public debt in Ukraine. The volume of public debt indicates an increase in the debt security of the state, which is a component of financial security. Therefore, the issue of the impact of public debt on the financial security of Ukraine is becoming increasingly relevant. The constant growth and large amounts of debt make it necessary to study it, which will have a positive impact on economic processes that will ensure the stability of the financial system and enhance its security.

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