scholarly journals PROTECTING POLITICAL RIGHTS OR INTERFERING IN THE POLITICAL ARENA?

2020 ◽  
Vol 2 (2) ◽  
pp. 164-207
Author(s):  
Flavia Danielle Santiago Lima
Keyword(s):  
Political System ◽  
Methodological Approach ◽  
Legal Protection ◽  
Normative Theory ◽  
Political Activity ◽  
Political Rights ◽  
Positive Theory ◽  
Legal Decisions ◽  
Deductive Method ◽  
Federal Supreme

The interactions between legal and political system has been strengthened in recent years, especially through judicial review, with the transference to Courts of themes that define and divide a political system. In brazilian case, in the absence of legislative deliberation some of these discussions are forwarded Brazilian courts, who gave controversial decisions about “mega politics”. So, the research´s question “” is the Brazilian Federal Supreme Court (re) building electoral legislation, as a manifestation of judicial activism, interfering in mega politics?The study starts from a theoretical approach, with the deductive method, combined with a qualitative case analysis about courts´s decisions regarding party loyalty, coalition verticalizations, threshold clauses and the rights of legislative minorities, and political donations. Therefore, the research is supported by a bibliographical and documentary survey. Based on the methodological approach of Judicial Politcs, the legal protection of fundamental political rights and the structure of the Brazilian strong judicial system are described (Normative Theory), and evaluated the motivations of legal decisions, taking into account judicialization as exercise of a political activity (Positive Theory).

Don’t hatch the messenger? On the desirability of restricting the political activity of bureaucrats

2021 ◽  
Vol 33 (1) ◽  
pp. 95-139
Author(s):  
Jean Guillaume Forand ◽  
Gergely Ujhelyi
Keyword(s):  
Welfare Analysis ◽  
Political Campaigns ◽  
Active Part ◽  
Political Activity ◽  
The Political ◽  
Political Rights ◽  
Political Activities ◽  
Voter Perceptions ◽  
The Government ◽  
Government Workers

Many countries place restrictions on the political rights of government workers. This includes limitations on political activities such as taking an active part in political campaigns. Are such restrictions desirable? We present a formal welfare analysis of this question. Bureaucrats’ political activities affect voter perceptions of the government and this can have informational benefits. However, they can also induce policy mistakes and are susceptible to ‘noise’ from some bureaucrats’ innate desire for political expression. When politicians have limited control over bureaucrats and successfully coordinate with voters, bureaucrats’ political activities can be desirable. In most cases, however, banning political activities is optimal.

Legal views of E. Olesnytsky

2020 ◽  
pp. 39-48
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Legal Protection ◽  
Legal Culture ◽  
Political Activity ◽  
Practical Significance ◽  
Comparative Approach ◽  
Public Interests ◽  
Cooperative Movement ◽  
Special Scientific ◽  
General Scientific ◽  
The Right

Purpose. The purpose of the study is to analyze the legal and state views of E. Olesnytsky, in particular his assessment of imperial law, as well as practical activities as a lawyer and one of the initiators of the cooperative movement in Galicia in the early twentieth century. Methods. The methodological basis of the study was a set of general scientific, special scientific and philosophical methods, as well as the principles of historicism. The key was the biographical method and the comparative approach, which allowed to reveal the peculiarities of the formation of legal views of E. Olesnytsky. Findings. It is established that through the prism of the analysis of political and legal views of E. Olesnytsky it is possible not only to trace the level of legal culture, social and political activity of the population of Galicia, but also to determine the practical content of imperial legislation. The influence of I. Franko and socialist ideas in general on the legal views of E. Olesnytsky, who was one of the founders of the «Сhasopys Рravnycha», actively analyzed the imperial regional legislation for expediency, rationality and compliance with public interests. This work was key in raising the level of legal culture of the population, and after 1891 it was supplemented by the legal activity of E. Olesnytsky. Among the regional legislation, the lawyer's special attention was drawn to the right of propination, which gave large landowners a monopoly on the production and sale of alcohol. After 1901, E. Olesnytsky focused on the development and popularization of the cooperative movement in Galicia, including the legal protection of producers and sellers of agricultural products. Originality. The directions of E. Olesnytsky's professional and professional interests in the field of economic and financial law of Austria-Hungary, advocacy and organization of the cooperative movement are determined. Practical significance. The results of the study can be used in further historical and legal research, preparation of special courses.

scholarly journals The Concept of “Internal Colonization” and Its Application in a Comparative Analysis of (Post)Soviet States

2018 ◽  
Vol 43 (2) ◽  
pp. 71-94
Author(s):  
Rasa Čepaitienė
Keyword(s):  
Comparative Analysis ◽  
Natural Resources ◽  
Cultural History ◽  
Political System ◽  
Socioeconomic Development ◽  
Historical Perspective ◽  
Methodological Approach ◽  
16Th Century ◽  
History Of ◽  
Internal Colonization

This article discusses a direction of sociocultural studies – the cultural history of natural resources – and the possibilities of its application in examining the causes of inequality and social exclusion in post-Soviet Lithuania. This theoretical-methodological approach assumes a strong interdependence shared between the extraction of natural resources, a state’s political system and institutions as well as certain sociocultural provisions. In exploring the concept of “internal colonization,” developed by historian of culture Alexander Etkind and other authors, this article sets guidelines for a comparative analysis of the sociopolitical structure of post-Soviet countries (especially Russia and Lithuania). Some initial hypotheses regarding the trends, differences, and similarities of post-Soviet societies in the long historical perspective, from the 16th century up to our time, are presented for further analysis. This article concludes that this methodological approach could be sufficiently promising in explaining the specifics of the socioeconomic development of independent Lithuania, in particular by applying the hypothesis of a “secondary internal colonization,” which has been raised during the course of the investigation.

scholarly journals PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Yosefina Daku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
The Political ◽  
Political Rights ◽  
Political Field ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

25. Results and Prospects

2020 ◽  
pp. 681-694
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Formal System ◽  
Legal Protection ◽  
Political Rights ◽  
European Standard ◽  
Rights Protection ◽  
Civil And Political Rights ◽  
Climate Crisis ◽  
The Relationship

This chapter sums up the key findings of this study on the Convention on Human Rights (ECHR). It suggests that the principal achievement of the Convention has been the establishment of a formal system of legal protection available to individuals covering a range of civil and political rights which has become the European standard. The chapter highlights the measures taken by the Court to decrease its caseload and increase its efficiency in dealing with applications. It also highlights the contemporary challenges facing the Court, including the relationship between States and the Court, the challenge of the rise of authoritarian governments, and the threats to rights protection from the climate crisis.

Perception of Legal Inequality in Deeply Divided Societies: The Case of Israel

1993 ◽  
Vol 25 (3) ◽  
pp. 423-442 ◽  
Author(s):  
Elia Zureik ◽  
Fouad Moughrabi ◽  
Vincent F. Sacco
Keyword(s):  
Political System ◽  
Daily Life ◽  
Political Rights ◽  
Divided Societies ◽  
The Face ◽  
Civil And Political Rights ◽  
The Law ◽  
The Way

When commentators discuss the Israeli political system, they invariably single it out as the exception in a region otherwise lacking in democratic and representative regimes. Although political philosophers and theorists remind us that the test of de mocracy hinges on, among other things, the way a society treats its minorities and guarantees them civil and political rights in the face of majority opposition, the de bate over what constitutes justice, equality, and freedom is unlikely to be resolved in a discussion centered on abstract principles and their absolute meanings. It is one thing for a society to profess egalitarian values and another to measure the extent to which these values are perceived and experienced by those immediately affected by them. This does not mean that there are no universal standards of justice against which to measure performance of the law. Our point is that the experiential dimen sion of the law is equally relevant, for it mediates between the meaning of the law as derived from abstract principles and the way it is implemented in daily life.

scholarly journals The Existence of Legal Protection of Citizens to Government Action in Making Decision of State Administrative

2018 ◽  
Vol 54 ◽  
pp. 03001
Author(s):  
Enny Agustina
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Administrative Law ◽  
Legal Certainty ◽  
Government Action ◽  
Legal Decisions ◽  
Library Research ◽  
The People ◽  
The Government ◽  
Dutch Literature

Government in administrative law considered as a unit, as an authorized body. Therefore, it is authorized to establish action, according to administrative law, and affect the legal circumstances of others, or to carry out legal action (under the civil law) in the meaning of government bodies legally. The dutch literature interpreted administrative with the terms administrative recht with administrative besturen. Besturen has a functional meaning to means the function of governance, and institutional or structural whole organs of government. Bestuur is an environment outside formation of regulations (regulgeving), and judicature (rechtspraak). The data of this research was collected by library research. This research aims to know the form of legal protection for the people to government action based on the concept of State Administrative Law. The result of this research shows that Legal decisions were those which fulfill formal and material requirements. This was based on the presumptive principle of rechtmatig, that was het vermoeden van rechtmatigheid or presumtio justea causa (every decisions issued by the government or the administrative of the state were considered lawful). This principle means that every decision was not revoked, unless there was a vernietiging of the court closely related to the principle of legal certainty (rechtszekerheidbeginsel).

The Institutionalization of the U.S. House of Representatives

1968 ◽  
Vol 62 (1) ◽  
pp. 144-168 ◽  
Author(s):  
Nelson W. Polsby
Keyword(s):  
Resource Allocation ◽  
Problem Solving ◽  
House Of Representatives ◽  
Political System ◽  
Political Activity ◽  
The Political ◽  
Resource Allocation Problem ◽  
Political Opposition ◽  
Long Run ◽  
The U.S

Most people who study politics are in general agreement, it seems to me, on at least two propositions. First, we agree that for a political system to be viable, for it to succeed in performing tasks of authoritative resource allocation, problem solving, conflict settlement, and so on, in behalf of a population of any substantial size, it must be institutionalized. That is to say, organizations must be created and sustained that are specialized to political activity.1 Otherwise, the political system is likely to be unstable, weak, and incapable of servicing the demands or protecting the interests of its constituent groups. Secondly, it is generally agreed that for a political system to be in some sense free and democratic, means must be found for institutionalizing representativeness with all the diversity that this implies, and for legitimizing yet at the same time containing political opposition within the system.2Our growing interest in both of these propositions, and in the problems to which they point, can begin to suggest the importance of studying one of the very few extant examples of a highly specialized political institution which over the long run has succeeded in representing a large number of diverse constituents, and in legitimizing, expressing, and containing political opposition within a complex political system—namely, the U.S. House of Representatives.The focus of my attention here will be first of all descriptive, drawing together disparate strands—some of which already exist in the literature3—in an attempt to show in what sense we may regard the House as an institutionalized organ of government. Not all the necessary work has been done on this rather difficult descriptive problem, as I shall indicate. Secondly, I shall offer a number of speculative observations about causes, consequences, and possible lessons to be draw from the institutionalization of the House.

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