scholarly journals National Assembly Make Law or Cease The Making Law

2019 ◽  
Vol 35 (1) ◽  
Author(s):  
Nguyen Dang Dung ◽  
Nguyen Thuy Duong
Keyword(s):  
Judicial Power ◽  
National Assembly ◽  
Legislative Power ◽  
Doi Moi ◽  
The People ◽  
Legislative Branch ◽  
The Will ◽  
The Right

Although there has not been a reform like executive and judicial power , since the “Doi Moi” reform until now, the National Assembly - the legislative branch of Vietnamese government has achieved certain successes, but to implement 2013 Constitution better, there ‘s still a lot of work to do. First of all, we have to change our awareness: Legislative power is not simply the right to adopt a law, but also the right to suspend law drafting when the laws do not express the will of the people, nor do they reflect objective movement of society. Keywords: National Assembly, legislative power, right to cease the making law.

“Government,” “Law,” and the Separation of Powers

1939 ◽  
Vol 33 (3) ◽  
pp. 424-440
Author(s):  
Kenneth C. Cole
Keyword(s):  
Separation Of Powers ◽  
Judicial Power ◽  
Legislative Power ◽  
Administrative Agencies ◽  
The Right ◽  
Rule Making

The continued growth of administrative agencies exercising legislative and judicial (or, if one prefers, “quasi-legislative” and “quasi-judicial”) powers furnishes a constant inducement to reevaluate the separation of powers theory. In a general way, the theory is admittedly hostile to this development as involving an inordinate concentration of power in the executive. Accordingly, we are presented with the problem of whether governmental practice should be accomodated to the theory or the theory revised to fit practice.Of course the pressure of circumstance has already made a considerable impression on doctrinal exposition. Thus it is not seriously contended that the delegation of any rule-making power to administrative agencies is necessarily a delegation of legislative power within the meaning of the doctrine. Nor is it seriously contended that the right of such agencies to conduct a trial and come to a formal judgment thereupon is necessarily a delegation of judicial power—again within the meaning of the doctrine.

scholarly journals From ‘Brexhaustion’ to ‘Covidiots’: the UK United Kingdom and the Populist Future

2021 ◽  
Vol 17 (2) ◽  
Author(s):  
Russell Foster ◽  
Matthew Feldman
Keyword(s):  
Conservative Party ◽  
Radical Right ◽  
British Politics ◽  
Far Right ◽  
New Politics ◽  
The People ◽  
Political Events ◽  
The Will ◽  
The Uk ◽  
The Right

Boris Johnson’s electoral victory and the 2020 culmination of Brexit are accelerating Britain’s shift towards the right and towards open criticism of technocracy in the UK and EU. Since 2016 the UK’s political atmosphere has polarised into hostile extremes. The continuation of this toxicity beyond Brexit, the dominance of nationalist narratives as Britain’s new ‘politics of everything’ (Valluvan 2019). While the Conservative Party remains traditionally centre-right and the Brexit Party has ceased to be relevant, the UK continues to witness the growth of the far right and what is called here the ‘Radical Right’, which have been accelerating since 2016, rapidly gaining influence (Norris and Inglehart 2019: 443-472), and ‘mainstreaming’ (Miller-Idriss 2017) in the Conservative majority elected in December 2019. The past four years have seen growing British contempt for technocracy in London and Brussels, while the Leave vote has been represented as a “Will of the People” antithetical to a Remain/Revoke/Second Referendum position, often portrayed as an anti-democratic scheme by “the elite” to frustrate the will of “the people”. This ‘us and them’ populist narrative is deepening as the UK’s volatile political environment moves away from the political procedures and economic values by which the UK has operated since 1945. Since early 2020, this narrative has been significantly accelerated by Covid-19 countermeasures, with anti-EU parties and narratives on the left and right becoming anti-lockdown or anti-vaccine parties and narratives. This paper approaches the radical right as emblematic of British politics’ shift from centrism towards polarised factions defined not by party but by support or contempt for technical governance. In this paper we propose a new explanatory basis for studying the populist radical right not as a temporary phenomenon in response to specific political events and conditions, but as a fluid, amorphous, and heterogeneous set of groups, parties, and narratives whose strategies, appeal, and narratives make them extremely adaptable, and significant as a force with substantial influence of politics into the future.

scholarly journals CHALLENGES TO PEACEFUL PROTEST IN NIGERIA: THE USE OF FORCE

2015 ◽  
Author(s):  
Adebayo Okeowo
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Freedom Of Expression ◽  
Use Of Force ◽  
Freedom Of Association ◽  
National Assembly ◽  
The People ◽  
High Commissioner ◽  
Face Threats ◽  
The Right

The freedom or the right to engage in peaceful protest is one that can be perceived to have been enshrined, and guaranteed, under the right to freedom of expression while also being closely linked to the right to freedom of association and freedom of speech. This right is a core feature and foundation of a democratic society as it ensures that the people's representatives can be interrogated in the people's court for any act not in conformity with the wishes of the people. Civil society groups are usually at the forefront of many protests — serving as the rallying point and the report by the Office of the High Commissioner for Human Rights (OHCHR) recently recognised this, stating that civil society plays a crucial role in the realisation of human rights on the ground. Unfortunately, most governments around the world feel threatened once faced with a group of people demanding accountability from government on specific issues. Their default response almost always is to shut down protests by resorting to the use of force and other violent means. The civil society space is being eliminated by governments even as they continue to face threats, bans on peaceful demonstrations, confiscation of computers, imprisonments and even killings. This unfortunate reality was described by CIVICUS: Democratic South Africa’s National Assembly passed the so called “secrecy bill”, which places hurdles against CSOs and journalists obtaining information to expose official wrongdoing, despite fierce civil society resistance. Such laws are brought in and applied under a number of guises. Commonly, rhetoric around national security and controlling terrorist activities was used to justify new restrictions on fundamental freedoms in the years following the 9/11 terrorist attacks in 2001. Nigeria is not an exception to this unacceptable trend and this paper will look at how the use of force in Nigeria has become one of the biggest impediments to peaceful protests and has in some instances, resulted in fatalities.

The Annexation of Crimea and the Boundaries of the Will of the People

2015 ◽  
Vol 16 (3) ◽  
pp. 365-383 ◽  
Author(s):  
Jure Vidmar
Keyword(s):  
International Law ◽  
Legal Status ◽  
Use Of Force ◽  
Self Determination ◽  
International Borders ◽  
The People ◽  
The Will ◽  
Territorial Status ◽  
The Stability ◽  
The Right

AbstractThe secession of Crimea and—more broadly—the conflict in Ukraine reopened questions concerning the limits of a democratic expression of the will of the people and the use of force in order to procure annexation of a territory belonging to another State. This article seeks to clarify the law governing the change of the legal status of a territory through secession and merger with another state. It argues not only that the right of self-determination does not grant an entitlement to alter the legal status of a territory, but also that general international law does not prohibit such an alteration. The rules of international law favor the stability of theexistinginternational borders and thus the territorial status quo, but this does not mean that a unilateral attempt at altering an existing territorial arrangement automatically constitutes an internationally wrongful act. Any change of the legal status of a territory becomes illegal, however, upon anoutsideuse of force. Such an illegality cannot be “cured” by a democratically expressed will of the people.

Some Random Remarks on Complaints Regarding the East Timor Popular Consultation

2000 ◽  
Vol 13 (4) ◽  
pp. 997-1010
Author(s):  
André J.J. de Hoogh
Keyword(s):  
East Timor ◽  
Self Determination ◽  
Systematic Bias ◽  
Local Staff ◽  
Staff Members ◽  
The People ◽  
The Will ◽  
The Right ◽  
Accurate Reflection

The referendum of 30 August 1999 constituted a historic exercise of the right to self-determination by the people of East Timor. It rejected autonomy within Indonesia and chose to go forward on the path towards independence. Proponents of autonomy complained that they had been barred from participating in the process, and that Timorese staff had systematically told or forced people to vote for independence. However, there is no evidence that the referendum was corrupted through systematic bias on the part of local staff members. The outcome of the referendum, 78.5% in favour of independence, must be accepted as an accurate reflection of the will of the people of East Timor.

scholarly journals The road to democracy: The development of constitutionalism in Serbia 1869-1903

Balcanica ◽  
2007 ◽  
pp. 133-172
Author(s):  
Dusan Batakovic
Keyword(s):  
Third Republic ◽  
National Assembly ◽  
The Balkans ◽  
The Road ◽  
Coalition Governments ◽  
Electoral Support ◽  
The People ◽  
The Will ◽  
First Time

After the swiftly abolished liberal Constitution of 1835 and the imposed 'Turkish' one of 1838 (imposed by the Russians and Ottomans, guarantors of Serbia's autonomy granted in 1830, to limit the princely power), the development of constitutionalism in modern Serbia went through several phases. As elsewhere in the Balkans, constitutions usually resulted from a compromise between the ruler and the elites rather than from the will of the people. The 1868 Constitution drew to an extent upon the early nineteenth-century German constitutional monarchies, but, under pressure from the politically mobilized population, the 1888 Constitution, proposed by the Radical Party in response to the egalitarian aspirations of the nation's agrarian majority, adopted a French constitutional model - with a unicameral system and frequent coalition governments. Shaped on the model of the Belgian Constitution of 1831, which in its turn was a modified version of the French Charte of 1830, it restored a French influence, expressed for the first time in the 1835 Constitution. The 1888 Constitution was passed by the Grand National Assembly with its five-sixth majority of Radicals, representatives of the agrarian majority. It was soon annulled by the coup d'?tat of 1894 and the Court-imposed Constitution of 1869 was reinstituted. The Constitution of 1901 was an attempt to introduce a bicameral system as a means of upholding the influential role of the ruler, while limiting that of the Radical Party, which had enjoyed an ample electoral support since the 1888 Constitution. After the assassination in 1903 of the last Obrenovic ruler king Alexander, and his wife, queen Draga, the liberal Constitution of 1888 with minor modifications was reinstituted. Under this Constitution - which is commonly known as the 1903 Constitution and which, during the democratic reign of king Peter I Kardjordjevic, was no longer challenged - Serbian democracy remained fragile, because there was no upper house to counteract as it did in the French Third Republic, the predominantly party-biased way of running the affairs of state.

scholarly journals The Power of Presidential Legislation After The Amendment of UUD 1945

2019 ◽  
Author(s):  
Moh. Sulfikar Suling
Keyword(s):  
Power System ◽  
Popular Sovereignty ◽  
Legal Research ◽  
Limiting State ◽  
Legislative Power ◽  
The People ◽  
Presidential System ◽  
Deductive Method ◽  
The Will ◽  
Materials Used

This research is to analyze and understand the accordance of the presidential legislative power after the amendment of the UUD 1945 to the presidential system principles. This legal research used statute approach, conceptual, comparative, and historical. Primary and secondary legal materials used in this study were collected through literature which investigates and inventory the legal materials with documents, literature books, law journals, and legislation related to the object of research. Legal materials that have been obtained are described and presented descriptively and analytically deduced by using the deductive method. The results showed that the presidential legislative power after the amendment of the UUD 1945 is not in accordance with the principle of the presidential system of government explicitly separating the executive and legislative branches of power in the power system as an implementation of the idea of limiting state power and the principle of popular sovereignty. The presidential legislative power after the amendment of the UUD 1945 tends to weaken the legislative function, creates an imbalance between the executive and the legislature, and inhibit the realization of the legislation in accordance with the will of the people.

Politicization Bureaucracy in the Implementation of Regional Chief Election

2017 ◽  
Vol 3 (3) ◽  
pp. 52-58
Author(s):  
Ahmad Yamin
Keyword(s):  
The Political ◽  
Local Elections ◽  
Regional Autonomy ◽  
The People ◽  
General Elections ◽  
The Will ◽  
The Right ◽  
And Function ◽  
The City ◽  
Role And Function

Bureaucracy is an important instrument in the country as a bridge between people and government. However, the strength of the role and function of bureaucracy often makes the rulers abusing bureaucracy for political ends, especially the perpetuation of power. The era of regional autonomy with direct regional head elections made the head of the region have the right to determine its bureaucratic officials in the region. Later, officials of the bureaucracy are also likely to be used for award of the tool in the context of general elections that followed for the next period. It is expressed as the politicization of the bureaucracy for winning the local elections. The local elections in Medan city became one example of the phenomenon of the politicization of the bureaucracy. Harahap Rahudman victory at the General Election of Medan in 2010 to form the politicization of the bureaucracy that causes power can be continued in the next period. This happens because the positions of the existing bureaucracy have intervened before to follow the will of the political authorities in the city of Medan. Own bureaucratic officials follow the will of the Mayor of Medan and keep the position or position in government institutions. The phenomenon of the politicization of the bureaucracy will give rise to a negative meaning of the bureaucracy which initially should be the government’s tool to serve the people and also lead to disruption of the bureaucratic model that should be professional (merit).

scholarly journals The Power Of Presidential Legislation After The Amendment of UUD 1945

2019 ◽  
Author(s):  
Moh. Sulfikar Suling
Keyword(s):  
Power System ◽  
Popular Sovereignty ◽  
Legal Research ◽  
Limiting State ◽  
Legislative Power ◽  
The People ◽  
Presidential System ◽  
Deductive Method ◽  
The Will ◽  
Materials Used

This research is to analyze and understand the accordance of the presidential legislative power after the amendment of the UUD 1945 to the presidential system principles. This legal research used statute approach, conceptual, comparative, and historical. Primary and secondary legal materials used in this study were collected through literature which investigates and inventory the legal materials with documents, literature books, law journals, and legislation related to the object of research. Legal materials that have been obtained are described and presented descriptively and analytically deduced by using the deductive method. The results showed that the presidential legislative power after the amendment of the UUD 1945 is not in accordance with the principle of the presidential system of government explicitly separating the executive and legislative branches of power in the power system as an implementation of the idea of limiting state power and the principle of popular sovereignty. The presidential legislative power after the amendment of the UUD 1945 tends to weaken the legislative function, creates an imbalance between the executive and the legislature, and inhibit the realization of the legislation in accordance with the will of the people.

scholarly journals The Power Of Presidential Legislation After The Amendment of UUD 1945

2017 ◽  
Author(s):  
vrijspraak ◽  
Hardianto Djanggih ◽  
Aan Aswari ◽  
Muh. Barid Nizarudin Wajdi
Keyword(s):  
Power System ◽  
Popular Sovereignty ◽  
Legal Research ◽  
Limiting State ◽  
Legislative Power ◽  
The People ◽  
Presidential System ◽  
Deductive Method ◽  
The Will ◽  
Materials Used

This research is to analyze and understand the accordance of the presidential legislative power after the amendment of the UUD 1945 to the presidential system principles. This legal research used statute approach, conceptual, comparative, and historical. Primary and secondary legal materials used in this study were collected through literature which investigates and inventory the legal materials with documents, literature books, law journals, and legislation related to the object of research. Legal materials that have been obtained are described and presented descriptively and analytically deduced by using the deductive method. The results showed that the presidential legislative power after the amendment of the UUD 1945 is not in accordance with the principle of the presidential system of government explicitly separating the executive and legislative branches of power in the power system as an implementation of the idea of limiting state power and the principle of popular sovereignty. The presidential legislative power after the amendment of the UUD 1945 tends to weaken the legislative function, creates an imbalance between the executive and the legislature, and inhibit the realization of the legislation in accordance with the will of the people.

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