scholarly journals The Legitimacy of Presidential Threshold Towards Indonesian Citizens’ Democracy and Constitutional Rights

2021 ◽  
Vol 2 (2) ◽  
pp. 125-132
Author(s):  
Imam Pratama Rifky
Keyword(s):  
Political Parties ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Presidential Candidates ◽  
Normative Approach ◽  
The People ◽  
History Of ◽  
Democratic Rights ◽  
History Of Law ◽  
The Right

A presidential threshold or a threshold for presidential candidacy dramatically hinders a person's democratic rights. This is because a person can rightfully nominate and elect themselves through a political party, which must be limited due to this system. The Presidential Threshold could eliminate the fundamental rights of the people in the constitution, where every citizen has the right to be elected and to vote. This statement is stated in Article 28(D) paragraph 3 of the 1945 Constitution, later revealed to be Law No.39 of 1999. With the existence of this presidential threshold, it is feared that it could injure the law's mandate. The research aims to determine whether the presidential threshold injured democracy and the mandate of the 1945 constitution. This research uses a normative approach. The research will focus on the principles, comparisons and history of law. The presidential threshold will close the space for political parties to carry the best presidential and vice-presidential candidates for the community. This automatically kills democracy, political parties' constitutional rights, and the people's right to choose the best and quality, leaders.

scholarly journals The Nexus between Fundamental Rights and Necessities of Life: A Case Study of Pakistan

2021 ◽  
Vol VI (I) ◽  
pp. 9-16
Author(s):  
Naseem Razi ◽  
Rashida Zahoor ◽  
Ghulam Abbas
Keyword(s):  
Fundamental Rights ◽  
Clean Water ◽  
Constitutional Rights ◽  
The People ◽  
The Right

The Constitution of Pakistan 1973 protects its citizens by guaranteeing some fundamental rights. It is, however, a matter of great concern that these rights do not cover the "right to access the necessities of life like access to clean water, food, clothing, shelter, and medicine etc". It, thus, leads imperfection of the constitutional rights. Therefore, this study aims to highlight this gap by evaluating the constitutional fundamental rights in the light of the necessities of life. This study concludes that lack of access to the necessities of life has made the people least concern towards the national issues and development of the country. Hence, this paper recommends filling up this gap and to incorporate the "right to access to the necessities of life" in the Constitution 1973.

From Property Rights to Liberty Rights: We the Corporations, A Review Essay

2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Political Process ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
State Action ◽  
Unequal Treatment ◽  
The People ◽  
The Right ◽  
We The People

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?

The German Elections of 1928

1928 ◽  
Vol 22 (3) ◽  
pp. 698-705
Author(s):  
James K. Pollock
Keyword(s):  
Political Parties ◽  
The Political ◽  
City Councils ◽  
The People ◽  
The World ◽  
Modern Methods ◽  
Political Consolidation ◽  
National Socialists ◽  
The Right ◽  
Intensive Work

The elections which were held throughout Germany on May 20, 1928, are of considerable interest and importance not only to Germany but also to the rest of the world. These elections, to be sure, did not have the dramatic interest which attended the Reichstag elections of December, 1924. But they deserve attention for a number of reasons: first, because they are the first elections to be held in the Reich under what may be called normal conditions; second, because elections for five Landtags and several city councils were held at the same time; and third, because the elections gave a further test, and supplied additional evidence of the operation, of the German system of proportional representation.Despite the intensive work of the political parties, the people were not aroused to much enthusiasm during the campaign. The old Reichstag was dissolved before Easter, but not until the last week of the campaign could one detect any excitement. Never before had the electors been bombarded with so much printed matter, posters, and, last but not least, loud-speakers and films. All the modern methods of appealing to the voters were tried by the numerous political parties. There were lacking, however, the overpowering issues and the battlecries which were so effective in 1924. Parades, demonstrations, meetings, and all the rest were carried through successfully on the whole, but they were quite dull and uninteresting. Only the two extreme parties, the National Socialists or Hitlerites on the right, and the Communists on the left, could appear enthusiastic. Nevertheless, the lack of what the Germans call a “grosse Parole” and the lack of excitement are not to be deplored; their absence probably indicates progress toward social and political consolidation.

Freedom of Speech for Public Officials vs. the Political Parties' Right to Equal Opportunity: The German Constitutional Court's Recent Rulings Involving the NPD and the AfD

2017 ◽  
Vol 18 (1) ◽  
pp. 189-212
Author(s):  
Thomas Kliegel
Keyword(s):  
Political Parties ◽  
Equal Opportunity ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
Public Official ◽  
Public Officials ◽  
The Public ◽  
Election Process ◽  
Political Function ◽  
The Right

Public Officials are bound by the fundamental rights when they are acting in their political function. Acting as such they cannot, in general, claim the freedom of speech for themselves as normal citizens do. If they give statements regarding other political parties they have to abide by the principle of neutrality. Statements that could be understood as negative will be — especially if they are made during the election process — a violation of the right of political parties to equal opportunity, which is an indispensable element of the free and open process of forming popular opinion. The delineation of whether a public official is appearing as such, as a “party politician” or “private individual” can, however, be difficult and it is the obligation of the public official to leave no doubt about the role he is exercising. Different from any other public official the Federal President needs not comply with the principle of neutrality. He has a broad margin of assessment and only transgresses his legal boundaries if he violates the integrative task of his office in an arbitrary manner.

Walk in the history of the city and its environs

10.12737/6572 ◽  
2014 ◽  
Vol 8 (4) ◽  
pp. 20-33
Author(s):  
Наталья Гаршина ◽  
Natalya Garshina
Keyword(s):  
Excursion Theory ◽  
Transmission Of Knowledge ◽  
City Environment ◽  
The Past ◽  
Walking Tour ◽  
The People ◽  
The World ◽  
History Of ◽  
The Right ◽  
The City

Having a look at the tourist space as a cultural specialist, the author drew attention to the fact that the closest to the modern man is a city environment he contacts and sometimes encounters in everyday life and on holidays. And every time whether he wants it or not, it opens in a dif erent way. One way of getting to know the world has long been a walking tour. It’s not just a walk hand in hand with a pleasant man or hasty movement to the right place, but namely the tour, in which a knowledgeable person with a soulful voice will speak about the past and present of the city and its surroundings, as if it is about your life and the people close to you. Turning to the beginning of the twentieth century, the experience of scientists-excursion specialists we today can learn a lot to improve the process of building up a tour, and most importantly the transmission of knowledge about the world in which we live. Well-known names of the excursion theory founders to professionals are I. Grevs, N. Antsiferov, N. Geynike and others. They are given in the context of ref ection on the historical development of walking tours, which haven’t lost their value and attract both creators and consumers of tour services.

scholarly journals History of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification

2019 ◽  
pp. 138-146
Author(s):  
P. Zakharchenko
Keyword(s):  
The State ◽  
Educational Process ◽  
State Institute ◽  
Law Faculty ◽  
National University ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Definition Of ◽  
The Right

The approaches to the category "History of Ukrainian Law" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right. The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification It is alleged that for the first time the definition of "history of Ukrainian Law" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject "History of Ukrainian Law", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.

scholarly journals The Use of Primaries by Political Parties: The Case of PASOK

2021 ◽  
Vol 9 (2) ◽  
pp. 89-110
Author(s):  
Gregory T. Papanikos
Keyword(s):  
Political Parties ◽  
Media Coverage ◽  
Primary Elections ◽  
Left Wing ◽  
Positive Role ◽  
Important Conclusion ◽  
General Elections ◽  
History Of ◽  
Low Performance ◽  
The Right

This paper examines the primary elections of the PanHellenic Socialist Party (PASOK) which were held on 5th and 12th of December 2021. Six candidates run for the position of the president in the first round and two runners-up in the second. As mentioned in the literature, there is a dearth of primary elections studies relative to general elections. The latter attract the attention of mass media for the obvious reason: they determine who or which party will govern the country or any other political entity. Nevertheless, there is a growing literature on primary studies. There are three aspects researched in this literature: (a) primary elections systems, (b) why a political party decides to hold primary elections and (c) the selection criteria of candidates and voters. This paper uses the existing literature to analyze some facets of the history of PASOK’s primary elections, emphasizing the most recent one of 2021. The most important conclusion emerging from this analysis is that ideology did play a role, particularly the candidates’ stance on their possible collaboration with the right-wing or the left-wing parties, which has been a controversial issue in the last decade. Another important conclusion is that PASOK voters opted for a younger candidate primarily because they wanted to get out of the current stalemate of PASOK’s low performance in general elections. As predicted from the literature, the competition between the six candidates resulted in a large turnout on the ballot date even though other factors played a positive role such as very good weather and a wide media coverage. Keywords: primaries, elections, voting, political parties, PASOK, Greece

scholarly journals Politics and Political Participation of “Grass-Roots” in General Election 2019, Bandar Selamat Regency, Medan, Indonesia

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Rehia K. Isabella Barus ◽  
Armansyah Matondang ◽  
Nina Angelia ◽  
Beby Masitho Batubara
Keyword(s):  
Political Parties ◽  
Political Participation ◽  
General Election ◽  
The Political ◽  
The Public ◽  
Grass Roots ◽  
The People ◽  
The Right ◽  
Two Stages

Ahead of the 2019 general election which is divided into two stages, namely the Legislative election and the Presidential election. This event is the right moment to find out the political participation of the people at the grass-roots level while at the same time seeing the interaction between the people in the grass-roots and political parties. The interaction that wants to be seen is what forms of political behavior and community participation at the grassroots, as well as how political parties behave in interacting with this community. Then the important point that is also seen is how political parties behave in involving and seeking to raise support from the community. In the end, through this research, it will be known the quality of political participation from the public and electoral political parties in 2019.

scholarly journals Peffer v. Stephens

2020 ◽  
Vol 7 (3) ◽  
pp. 647-678
Author(s):  
Shane Landers
Keyword(s):  
Civil Liberties ◽  
Fourth Amendment ◽  
The United States ◽  
Constitutional Rights ◽  
Technological Advancement ◽  
Court Of Appeals ◽  
The People ◽  
The Law ◽  
The Right ◽  
Constitutional Republic

The Fourth Amendment provides for the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Search warrants may only be issued upon a finding of probable cause. This core tenet of our constitutional republic becomes progressively flexible with every development in Fourth Amendment interpretation. In Peffer v. Stephens, the United States Court of Appeals for the Sixth Circuit delivered the latest blow to constitutional rights that restrict the State from engaging in unprincipled searches. In an issue of first impression, the Sixth Circuit held that a criminal defendant’s alleged use of a computer during the commission of a crime was adequate probable cause to justify a search of the defendant’s home and a seizure of the technological equipment inside. Such a shortsighted justification fails to consider technological innovation, economic policy, and historical civil liberties. Peffer v. Stephens is the latest proof of the parasitic relationship between the law and technological advancement. As technology evolves, the law struggles to keep pace and resultingly impedes economic development. With the exponential growth of technology in the 21st century, a visionary approach to search and seizure law is necessary to promote economic innovation and to refrain from further dismantling Fourth Amendment protections.

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