scholarly journals Democracy, Constitutionalism and the Rule of Law: Beholden to Constituent Power

2021 ◽  
Author(s):  
◽  
Ivan Sage
Keyword(s):  
Rule Of Law ◽  
Constituent Power ◽  
The Rule Of Law ◽  
The People ◽  
Egalitarian Society ◽  
Parliamentary Supremacy ◽  
The Government ◽  
Principle Of Legality ◽  
Ultimate Principle ◽  
Constitution Making

<p>Democratic government serves two purposes, both requiring that the substantive element of the rule of law be adhered to. A living constitution is required by a government to able to maintain civil society, which is the main occupation of the rule of law and, secondly, the rule of law also vouchsafes rights and freedoms. Hence, the rule of law enforced by the courts is the factor that controls the constitution, and increasingly this includes controlling the government, both the legislature and executive. This paper considers the capacities of democracy, constitutionalism and the rule of law, in the context of both New Zealand’s unwritten and America’s written constitutions, with the view of locating the constitution making power (constituent power). The power that makes and changes the constitution was originally found with the people, parliament, and the executive. However, a modern formulation of the rule of law that seeks to replace parliamentary supremacy as the ultimate principle of legality appears to be arising. An egalitarian society is becoming the preferred option by all parties. In this context, the constitution making power will be with the vessel that is working towards creating such a society. To that end, the paper recommends a Constitutional Commission for New Zealand that would review legislation for constitutionality, including adherence to the rule of law. The objective of the Constitutional Commission would be to recommend the review of law for constitutionality, including adherence to the rule of law.</p>

scholarly journals Democracy, Constitutionalism and the Rule of Law: Beholden to Constituent Power

2021 ◽  
Author(s):  
◽  
Ivan Sage
Keyword(s):  
Rule Of Law ◽  
Constituent Power ◽  
The Rule Of Law ◽  
The People ◽  
Egalitarian Society ◽  
Parliamentary Supremacy ◽  
The Government ◽  
Principle Of Legality ◽  
Ultimate Principle ◽  
Constitution Making

<p>Democratic government serves two purposes, both requiring that the substantive element of the rule of law be adhered to. A living constitution is required by a government to able to maintain civil society, which is the main occupation of the rule of law and, secondly, the rule of law also vouchsafes rights and freedoms. Hence, the rule of law enforced by the courts is the factor that controls the constitution, and increasingly this includes controlling the government, both the legislature and executive. This paper considers the capacities of democracy, constitutionalism and the rule of law, in the context of both New Zealand’s unwritten and America’s written constitutions, with the view of locating the constitution making power (constituent power). The power that makes and changes the constitution was originally found with the people, parliament, and the executive. However, a modern formulation of the rule of law that seeks to replace parliamentary supremacy as the ultimate principle of legality appears to be arising. An egalitarian society is becoming the preferred option by all parties. In this context, the constitution making power will be with the vessel that is working towards creating such a society. To that end, the paper recommends a Constitutional Commission for New Zealand that would review legislation for constitutionality, including adherence to the rule of law. The objective of the Constitutional Commission would be to recommend the review of law for constitutionality, including adherence to the rule of law.</p>

scholarly journals KEDUDUKAN DAN TANGGUNGJAWAB PRESIDEN DALAM SISTEM PRESIDENSIAL DI INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 173-190
Author(s):  
Moh Hudi
Keyword(s):  
Rule Of Law ◽  
Chief Executive ◽  
The Rule Of Law ◽  
The People ◽  
Head Of State ◽  
Presidential System ◽  
Before And After ◽  
The Government ◽  
Head Of Government

The Government system greatly determines the position and responsibility of the president. Even in the same system of government, the president’s position and responsibility may change, depending  on   The  Rule  of   Law  in a particular country. The position and responsibility of the president in the presidential system in Indonesia has change several times. This can be seen before and after the amandement. President in presidential   System   as  Head  of  Government  and   Head  of   State. So that the president has broad authority. The president is not responsible to the parliament, because institutionally the parliament is not higher than the president as the chief executive, but is responsible to the people as voters.

scholarly journals The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law

2021 ◽  
Vol 7 (2) ◽  
pp. 148-168
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
National Security ◽  
International Law ◽  
Rule Of Law ◽  
Freedom Of Speech ◽  
Limiting Factor ◽  
The Rule Of Law ◽  
It Impacts ◽  
Contemporary Issue ◽  
The People ◽  
The Government

Although brutality can repress a society, it never assures the sustainability of that conquest. Tyranny steers the hopeless to despair, edges to rebellion, and could open the door for a new tyrant to rise. Law becomes a limiting factor that must act as a stopgap to the avaricious intentions of a dictator. A democratic leader must incorporate the supremacy of the law and honest officials into his government. He shall also create courts of law, treat the poorest citizens with fairness and build a hall of justice to bring the society to modernity with the operation of the rule of law enshrined in the constitution. Legislation is nothing without enforcement and Law is no law if not accepted and respected by the people. The rule of law cannot be said to be working in a country where the government continues to violate the orders of the court, unlawfully detain its citizens, abuse human rights including arbitrary and extra-judicial executions, unlawful arrests and detentions, embargo on freedom of speech and press, impunity and inhumane torture, degradation of people or exterminations. This treatise will argue on the supremacy of the “Rule of Law” as it impacts Nigerian democracy. Keywords: Rule of Law; Democracy; Judiciary; Supremacy; Government; Tyranny; Nigerian Constitution

scholarly journals Some Issues of the Relationship of the Judicial Systems of the Republic of Uzbekistan and the Republic of Karakalpakstan

2020 ◽  
Vol 6 (6) ◽  
pp. 244-251 ◽  
Author(s):  
G. Berdimuratova
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
The Rule Of Law ◽  
The Republic ◽  
The Government ◽  
Relationship Of ◽  
Principle Of Legality ◽  
The Relationship ◽  
Mechanism Of Separation ◽  
Judicial Systems

This work is devoted to the consideration of the constitutional directions of interaction and interdependence of the judiciary of the Republic of Uzbekistan and the Republic of Karakalpakstan. As a result of studying the issues under consideration, the author concludes that the importance and significance of the role and place of the judicial branch of the government in the mechanism of separation of powers is precisely in ensuring the rule of law, avoiding violations of the principle of legality and the rule of law based on it.

scholarly journals Legal bases of formation of democratic transformations through constitutional reforms in the Republic of Kazakhstan

2020 ◽  
Vol 132 (3) ◽  
pp. 8-20
Author(s):  
E. Abdrassulov ◽  
◽  
Kh. Bazhay ◽  
Keyword(s):  
Rule Of Law ◽  
Developed Countries ◽  
Constitutional Reform ◽  
Legal Analysis ◽  
Constitutional Development ◽  
The Rule Of Law ◽  
The People ◽  
Constitutional Reforms ◽  
The Republic ◽  
The Government

The article provides a legal analysis of the specifics of changes and amendments to the Constitution of the Republic of Kazakhstan, adopted at a republican referendum on August 30, 1995, for 25 years (1998, 2007, 2011, 2017, 2019). The analysis shows bold steps to enter the top 30 developed countries, creating our own model of the rule of law through democratic reforms as a result of constitutional reforms in the Republic of Kazakhstan. Particular attention was paid to the 2017 constitutional reform on the redistribution of powers between the branches of government. It provides the basis for strengthening the role and responsibility of parliament and government to citizens in connection with the transfer of powers of the president, the formation of a mechanism of “feedback” between the people and the government through the creation of public councils under central and local executive bodies to express and take into account the views of civil society. In support of the implementation of the reforms are given consistent legal recommendations and logical opinions on the issue of constitutional development.

scholarly journals Reflections on the COVID-19 Restrictions in Belgium and the Rule of Law

2021 ◽  
Vol 30 ◽  
pp. 194-207
Author(s):  
Patrick Praet
Keyword(s):  
Crisis Management ◽  
Rule Of Law ◽  
Separation Of Powers ◽  
Executive Power ◽  
Legal Basis ◽  
The Rule Of Law ◽  
Unique Event ◽  
The People ◽  
Law And Morality ◽  
The Government

The paper examines the legality and legitimacy of Belgium’s COVID-19-related restrictions in light of national and international guidelines. Its discussion proceeds from the most vital characteristic of any law-based state: the government being subject to standards of substantive and procedural legality, even during a pandemic. After this, the effect of the crisis on the Belgian Rechtsstaat is examined, with special emphasis on the functioning of the separation of powers and on the unprecedented predominance of the executive power, alongside the legal basis for the latter’s actions. The author concludes that the Belgian measures against the virus’s spread have failed to meet the cumulative requirements of the rule-of-law test. Discussion then turns to the possibly huge ramifications for some wider debates in the field of philosophy of law, both for classic topoi ( such as law and morality or utilitarianism) and for contemporary current debates such as constitutionalism, sovereignty, and juristocracy. In its concluding remarks, the paper raises issues of the unspoken social contract between the people and the state: will the restrictions amid the pandemic go down in history as a singular, unique event or, instead, as a step on the slippery slope toward permanent crisis management in the name of a new sanitary order?

scholarly journals Good Governance According to Nahjolbalaghe Context

2016 ◽  
Vol 10 (1) ◽  
pp. 42
Author(s):  
Fereshteh Tavakoli Saadat ◽  
AbdoReza Beigi Nia ◽  
Mohsen Abedi ◽  
Akbar Rahnema
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Human Beings ◽  
The Rule Of Law ◽  
Dynamic Economy ◽  
Human Thought ◽  
The People ◽  
Final Study ◽  
History Of ◽  
The Government

Good Governance has a long history of human thought and has proposed in the works of various thinkers. By examining the different theories, we are going the government agency, Required for sure non-infringement any community of human beings. The thought of Imam Ali also how the rule and governance in an appropriate manner, has been attending. This article has been extracted from Research on noble Nahjolbalaghe and to assess components of governance had paid from the sight of Imam Ali. Using content analysis, Statements related to governance derived from Nahjolbalaghe and then encrypt the data and using the software SPSS, the data have been analyzing. The final study Extraction and compilation of eleven components: The rule of law, Justice, and Anti-oppression, equality, participation, Self-regulatory Instead of monitoring people, preparing the groundwork to move people toward God, Clarifying public opinion, preparation for a healthy and dynamic economy, manage life’s value of a poor class of Society, Social security and accountability to God and the people. These are Indicators that Imam Ali believed are required for "Good governance" in the society.

Omnibus Law di Indonesia

2021 ◽  
Vol 8 (2) ◽  
pp. 42-56
Author(s):  
Gugun El Guyanie , Okky Alifka Nurmagulita
Keyword(s):  
Rule Of Law ◽  
Job Creation ◽  
The Political ◽  
Short Term ◽  
The Rule Of Law ◽  
The People ◽  
Democratic Character ◽  
The Government ◽  
Opening Up

This article examines the drafting of the Omnibus Law on the Job Creation Bill, the original purpose of which was to facilitate investment or accelerate the economy. Starting from the disharmony of several overlapping regulations, out of sync between one law and another in the investment sector, a universal sweeping law that contains thousands of articles is needed. This study uses the theory of the formation of laws and regulations and the perspective of legal politics, with juridical analysis, to explain how a process of drafting a law, the principles of formation, and the political dynamics that gave birth to it. This paper emphasizes that the process and politics of the Omnibus Law legislation on the Job Creation Bill has minimal public participation and is not transparent. So the legal product of the Job Creation Law is formally flawed, and materially contains articles that are capitalist in content, opening up investment for investors but on the other hand harming the people. In this study, it was also found that the Omnibus Law of the Job Creation Act was born with more character instrumentalist-oligarchic, where the government transplants the Omnibus Law solely as a short-term pragmatic option to spread the 'red carpet' for investors. In other words, the Omnibus Law fails to create an instrumentalist-democratic character, which is oriented towards fulfilling and strengthening the values ​​of the rule of law which is long-term oriented while at the same time creating a sustainable participatory-democratic climate.

scholarly journals Analysis Principles Of Criminal Law In Article 72 Qanun Of Aceh No. 6 Of 2014 On The Jinayat Law

2020 ◽  
Vol 2 (4) ◽  
pp. 645
Author(s):  
Dhanar Dhono Vernandhie ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legislative Process ◽  
Research Approach ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Sociological Factors ◽  
The People ◽  
The Republic ◽  
The Government

This study describes the applicability of Qanun of Aceh No. 6 of 2014 on the Jinayat law (Qanun of Jinayat) in the order of legislation in Indonesia. Therefore this study to analyze these issues, to examine the legality principle as stated in Article 72 of the Qanun of Jinayat and the rule of law by applying the Qanun of Jinayat. This study uses normative research approach, by analyzing the legal ingredients of primary legal materials, secondary and tertiary. The results and discussion of the research was that Qanun of Jinayat not contrary to the order of Indonesian legislation, both formal legislative process and substantive elements of the rule of law which includes setting legal subjects, actions and sanctions of criminalization. Applicability of Qanun of Jinayat also related to three factors, namely philosophical which is a reflection of the values of the people of Aceh, sociological factors are the result of legal politics of the Government of the Republic of Indonesia and the Free Aceh Movement and the factors juridical is the order of the constitution and legislation that higher. Qanun of Jinayat law enforcement requires the law enforcement agencies, particularly the police for continued and consistent enforcement in order to create legal certainty. Suggestions can be submitted is law enforcement-led policy-making and increased synergies between law enforcement agencies in law enforcement for action based on Qanun of Jinayat Jarimah regulated in Qanun of Jinayat.Keywords: Qanun of Jinayat in Aceh; Legality; Legislation; Law Enforcement.�

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