scholarly journals Constitutional Theories of Emergency Powers and their Limits: Perspectives from Vietnam, India and Canada

2021 ◽  
Vol 4 (1) ◽  
pp. 1-33
Author(s):  
Sébastien Lafrance ◽  
Shruti Bedi ◽  
Hannah De Gregorio Leão
Keyword(s):  
Subsequent Development ◽  
The State ◽  
Central Issue ◽  
Emergency Powers ◽  
Historical Origins

Abstract This paper seeks to examine the available constitutional models of theories of emergency powers. Part I of the paper traces the historical origins and the subsequent development of emergency states, drawing lessons from the works of Machiavelli, Schmitt, Rossiter, Rousseau... Part II presents and discusses some of the most important contemporary theories of emergency powers that propose different views and perspectives on the central issue of the attribution and exercise of State powers in times of emergency, i.e., either in the hands of the executive, the legislative or the judicial branch of the state, and why. Part III illustrates the concerns pertaining to emergency powers by looking at examples of three specific countries, namely Vietnam, India and Canada.

scholarly journals Accommodating Security Imperatives v. Protecting Fundamental Rights

2018 ◽  
Vol 28 (1-4) ◽  
pp. 62-91
Author(s):  
Emre Turkut
Keyword(s):  
National Security ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
Emergency Powers ◽  
Turkish State ◽  
Turkish Case ◽  
Domestic Level ◽  
Historical Origins

This article seeks to illuminate the use of exceptional national security and emergency powers in the fight against terrorism in Turkey. The article is organized in four parts. Section i looks at the role of terrorism in the activation and justification of a state of emergency and introduces the Turkish case within this context. Section ii explores the historical origins of the Turkish state of emergency regime and analyses the principles regulating emergency regime at the Turkish domestic level. Section iii examines the operation of governmental emergency powers by providing an analysis of the state of emergency practices in Turkey, both past and present. A principal focus is necessarily directed at the state of emergency and the measures deployed within this framework in Turkey’s predominantly Kurdish southeast, where emergency rule was in force from 1987 to 2002, and the recent nationwide state of emergency in the wake of the 15 July attempted coup. Section iv presents concluding remarks.

The Early Modern English State and the Question of Differentiation from 1550 to 1700

1996 ◽  
Vol 38 (1) ◽  
pp. 92-111 ◽  
Author(s):  
Michael Braddick
Keyword(s):  
Early Modern ◽  
Social Power ◽  
The State ◽  
Central Issue ◽  
Early Modern English

It is frequently said that, while historians are theoretically naïve, sociologists are insensitive to the particularities of specific historical situations; and that this insensitivity can seriously affect the usefulness of theory. What follows is an attempt to marry the critical insights of sociologists on a central issue, the state, with the sensitivity of historians to the modalities and particularities of the exercise of political and social power in a particular context, seventeenthcentury England. The result, it is hoped, is an account that benefits from the strengths of both.

scholarly journals A Conceptual Content Analysis of 75 Years of Diversity Research in Public Administration

2016 ◽  
Vol 38 (2) ◽  
pp. 248-267 ◽  
Author(s):  
Meghna Sabharwal ◽  
Helisse Levine ◽  
Maria D’Agostino
Keyword(s):  
Content Analysis ◽  
Public Administration ◽  
Public Management ◽  
Social Equity ◽  
The State ◽  
Central Issue ◽  
Analysis Approach ◽  
Conceptual Content ◽  
Diversity In The Workplace ◽  
Over Time

Diversity is an important facet of public administration, thus it is important to take stock and examine how the discipline has evolved in response to questions of representative democracy, social equity, and diversity. This article assesses the state-of-the-field by addressing the following question: How has research on diversity in the field of public administration progressed over time? Specifically, we seek to examine how the focus of diversity has transformed over time and the way the field has responded to half a century of legislation and policies aimed at both promoting equality and embracing difference. We utilize a conceptual content analysis approach to examine articles published on diversity in seven key public administration journals since 1940. The implications of this study are of great importance given that diversity in the workplace is a central issue for modern public management.

9. Conflict, Marxist and radical theories of crime

Criminology ◽  
2017 ◽  
Author(s):  
Stephen Jones
Keyword(s):  
Karl Marx ◽  
The State ◽  
Central Issue ◽  
Competing Values ◽  
General Consensus ◽  
Consensus View ◽  
Means Of Production

This chapter discusses the two contrasting views of society that have been repeatedly put forward through history. First is the consensus view, whereby it is claimed that society is based on a general consensus of values and that the state is operated in such a way as to protect this. Labelling theorists, such as Howard Becker, raised as a central issue the question ‘Who makes the rules and why?’ This reflected a contrasting, conflict view of society which recognises that society includes groups with competing values and interests. Unlike the consensus view, a conflict approach claims that the state does not uphold the interests of society as a whole, but only those of the groups that are powerful enough to control it. The best-known conflict theorist was Karl Marx, who argued that, in capitalist societies, the state is controlled by those who own the means of production.

scholarly journals Scenes of emergency: Dis/re-assembling the promise of the UK emergency state

2020 ◽  
pp. 239965442095421
Author(s):  
Ben Anderson
Keyword(s):  
The State ◽  
State Of Emergency ◽  
State Effect ◽  
Emergency Powers ◽  
Anxious State ◽  
The Uk

The paper traces the development of UK ‘state of emergency’ legislation through three ‘scenes of emergency’: the introduction of the Emergency Powers Act in 1920, a revision to the Act in 1964, and discussion within government departments about possible changes to emergency powers in 1973. Through these scenes, and contra to existing work on the state of emergency as an occasion for the intensification of sovereignty, I show how the introduction of and revision to ‘state of emergency’ legislation were occasions for a double concern – with the excessiveness of the state, as per Foucault’s analysis of liberalism, but also for the excessiveness of events. In ‘scenes of emergency’ a specific ‘state effect’ was dis/re-assembled: the promise of the providential state that protected life through control of events. As emergency legislation was subject to deliberation and contestation, other versions of the state surfaced: beginning with the interested, classed, state and the tyrannical state as emergency powers were introduced and ending with the anxious state that loses faith in the efficacy of emergency powers in a world of changing events. As well as arguing that work on governing emergencies should be orientated to ‘scenes of emergency’ in which that which governs relates to excess, the paper suggests that assemblage approaches to the state should be concerned with dis/re-assembly.

scholarly journals On the quantum theory of the electromagnetic field

1934 ◽  
Vol 143 (849) ◽  
pp. 410-437 ◽  
Keyword(s):  
Electromagnetic Field ◽  
Quantum Theory ◽  
Fourier Series ◽  
Fourier Coefficients ◽  
Subsequent Development ◽  
Elementary Particles ◽  
The State ◽  
Space Distribution ◽  
Relativistic Invariance ◽  
Fundamental Distinction

Existing attempts to apply the quantum theory to the electromagnetic field are open to serious objections. Above all, the time is treated differently from the space co-ordinates; the quantities defining the state ( e. g. , field strengths) are developed in Fourier series according to their space distribution, but the Fourier coefficients are not considered a classical functions of the time but as quantum oscillators. Also the subsequent development of these principles into formulæ, in which the field quantities are operators depending on position in space, does not affect the fundamental distinction between time and space variables. This is also shown by the fact that the relativistic invariance cannot be derived simply from the symmetry of the formulæ in the four world co-ordinates, but must be artificially imposed and demonstrated by a complicated proof. Further, it is not a self-contained theory of the elctromagntic field, but a superposition of Maxwell's electromagnetic fieldon the material field of Schrodinger or Dirac, in which the elementary particles poccur as point-charges. Thus there is no idea of the radius of the particle, and consequently no rational notion of mass, not to mention a theory of the ratio of the mass of a proton to that of an electron. In addition to these fundamental difficultiees there are others, such as that of the infinitely great "Nullpunksenergie", which is avoided by an artificial modification of the formalism.

The ‘political’ and the ‘legal’: comments on Professor Tushnet’s paper

2007 ◽  
Vol 3 (4) ◽  
pp. 319-322 ◽  
Author(s):  
Philippe Sands
Keyword(s):  
General Theory ◽  
Central Issue ◽  
The Political ◽  
Law And Politics ◽  
Emergency Powers ◽  
The Relationship ◽  
The Way

This comment responds to a central issue posed by Professor Tushnet as to the way in which democracies control the exercise of emergency powers. Sands believes that ‘law’ and ‘politics’ are not mutually exclusive, and that the relationship between them suggests that a general theory on the interplay of political and legal factors in controlling the exercise of emergency powers remains elusive.

Digital Simulation of Ecological Industry Development Based on Grey Clustering Algorithm

2014 ◽  
Vol 556-562 ◽  
pp. 3881-3885
Author(s):  
Hui Shi
Keyword(s):  
Industrial Development ◽  
Clustering Algorithm ◽  
Digital Simulation ◽  
Subsequent Development ◽  
The State ◽  
Development Model ◽  
Model Based ◽  
Clustering Model ◽  
Ecological Migration ◽  
The Status

In order to protect the ecological environment of grassland and improve the living standards of the people in the prairie and promote the harmonious development of the economic environment, the state proposes ecological migration project. How to ensure the collaborative development of subsequent industry is the topic concerned the state and society. This article discusses the status and problems of subsequent industrial development after the grassland ecological migration and constructs subsequent development model based on gray clustering model. In order to verify the validity of the model, the paper establishes and analyzes computer simulation system. The result shows that the development model based on gray clustering algorithm can make an accurate assessment on the follow industry trends of grassland ecological migrant which provides reference for following industrial development of grassland ecological migrant.

scholarly journals Cooperativas, Estado y Mercado. Privatización del transporte público de Montevideo a través de cooperativas (1947-2017)

2019 ◽  
pp. 93-106
Author(s):  
Juan Pablo Martí
Keyword(s):  
Public Transportation ◽  
Municipal Government ◽  
Subsequent Development ◽  
The State ◽  
Coup D'etat ◽  
The Public ◽  
Documentary Sources ◽  
Role Of The State ◽  
Politica Publica ◽  
Worker Cooperatives

En 1947 se aprobó la ley nº 10.980 por la que se creaba la Administración de Transporte Colectivo de Montevideo (AMDET) para proveer de transporte público a Montevideo. A lo largo de su historia, la gestión de AMDET presentó múltiples dificultades además de entregar resultados económicos negativos. Luego del Golpe de Estado de junio de 1973, y en el marco de políticas neoliberales, el gobierno uruguayo emprende una reforma del aparato estatal. En el caso de la municipalidad de Montevideo, la reforma pasa por deshacerse de la AMDET y para ello se plantea la cooperativización de los trabajadores como alternativa a la pérdida de su fuente de trabajo. Esto se concretará a través de la Resolución de la Intendencia Municipal de Montevideo nº 37.588 de 1974. En ella se establecen las bases de la cooperativización que prevé entre otras cosas el otorgamiento de la concesión del servicio a las cooperativas y la venta de las unidades de transporte que deberán ser pagados por las cooperativas. El proceso de privatización de AMDET nos permite reflexionar sobre el rol del Estado en la promoción de las cooperativas. Buscamos entender por qué el Estado opta por las cooperativas para llevar adelante sus políticas y cómo condiciona esto el posterior desarrollo de la cooperativa. Analizamos el programa de privatización del transporte colectivo de pasajeros de Montevideo bajo la figura de cooperativas de trabajo. Nos interesa comprender los motivos de la política pública y en qué medida esta responde a la intención de promover la cooperativización o es producto exclusivamente del intento de achicamiento del Estado.Como metodología de trabajo se utilizó el análisis del ciclo de las políticas públicas y para ello se partió del relevamiento de fuentes documentales (normativa y documentos de la municipalidad), entrevistas a informantes calificados y relevamiento de prensa de la época.El análisis muestra que la cooperativización responde más a una utilización política por parte las autoridades municipales para reformar el Estado en el marco de las reformas de mercado que a una política de fomento del cooperativismo. In 1947, Act No 10.980 was passed creating the Public Transportation Administration of Montevideo (AMDET) to provide public transportation to Montevideo. Throughout its history, the management of AMDET was presented with many difficulties in addition to delivering negative economic results. After the coup d’état of June 1973, and within the framework of neoliberal policies, the Uruguayan government undertakes a reform of the state apparatus. In the case of the municipality of Montevideo, the reform is to get rid of the AMDET, and for this, the cooperativization of the workers is proposed as an alternative to the loss of their source of work. This will be substantialized through Resolution No 37.588 of 1974 of the Municipal Government of Montevideo. It establishes the bases of the cooperativization that provides, among other things, the granting of the concession of the service to the cooperatives and the sale of the units of transportation that must be paid by the cooperatives.The process of privatization of AMDET allows us to reflect on the role of the State in the promotion of cooperatives. We seek to understand why the State opts for cooperatives to carry out its policies and how these conditions the subsequent development of the cooperative. We analyze the program of privatization of public transport in Montevideo under the figure of worker cooperatives. We are interested in understanding the reasons of the public policy and to what extent it responds to the intention to promote cooperativism or is the product exclusively of the attempt to reduce the State.As working methodology, the analysis of the cycle of public policies was used, and for that, it was based on the survey of documentary sources (regulations and documents of the municipality), interviews with qualified informants and press releases of the time.This analysis shows that cooperativization responds more to a political use by the municipal authorities to reform the State in the framework of market reforms than to a policy of promoting cooperativism.

scholarly journals Introduction: The Return of the Exception

2021 ◽  
Vol 96 ◽  
pp. 7-15
Author(s):  
Rafał Mańko ◽  
Przemysław Tacik ◽  
Gian Giacomo Fusco
Keyword(s):  
20Th Century ◽  
War On Terror ◽  
The State ◽  
State Of Exception ◽  
Political Systems ◽  
The Unconscious ◽  
Freedom Of Movement ◽  
Emergency Powers ◽  
History Of ◽  
The One

The history of the 20th century, and more recently the two-decades long war on terror, have taught us the lesson that the normalisation of the state of exception (intended here as the proliferation of legal instruments regulating emergency powers, and their constant use in varied situations of crisis) is never immune from the risk of leaving long-lasting impacts of legal and political systems. With the “Return of the Exception” we intend to bring to the fore the fact that in the pandemic the state of exception has re-appeared in its “grand” version, the one that pertains to round-the-clock curfews and strong limitations to the freedom of movement and assembly, all adorned by warfare rhetoric of the fight against an invisible enemy – which, given the biological status of viruses, it cannot but be ourselves. But “return” here must be intended also in its psychoanalytic meaning. Much like the repressed that lives in a state of latency in the unconscious before eventually returning to inform consciousness and reshape behaviour, the state of exception is an element that remains nested in law’s text before reappearing in a specific moment with forms and intensity that are not fully predictable. Still, it remains cryptic whether the pandemic inaugurates a new epoch of liberal legality – the post-law – or just augurs its structural crisis.

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