scholarly journals The Preamble of 1945 Constitutions as Post-Colonial Normative Expression and Its Contextuality (A Politics of Law Analysis)

2019 ◽  
Vol 2 ◽  
pp. 00003
Author(s):  
Arasy Pradana A
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Colonial Period ◽  
The Other ◽  
The Rule Of Law ◽  
Post Colonial ◽  
Perpetual Peace ◽  
The World ◽  
First Time ◽  
Real Challenge

The proclamation of Indonesian independence on August 17, 1945, marked Indonesia's transition from being a nation as an imaginary community to being a state as a legal-rational community. For the first time, the Indonesian have the authority to form the rule of law independently, apart from the intervention of the colonial nation. The fierce spirit of anti-colonialism was immediately reflected in various legislative products, including the 1945 Constitution. The opening part of the 1945 Constitution, which is often regarded as the highest source of value in the Indonesian legal system, reflects a thick post-colonial spirit. During the colonial period, the legal system was built on hegemony, by placing indigenous people as The Other in their own homeland. They are labelled as third-class identities, under other national groups. This mentality is then tried to be reversed after independence. The values of independence, perpetual peace, and social justice are presented clearly into the Preamble of the 1945 Constitution. The Preamble of the 1945 Constitution inherited the anti-colonial spirit and immediately became a manifesto of resistance to colonial domination. However, the process of value petrifaction of the Preamble of the 1945 Constitution should not be considered as complete when that text was announced. The real challenge actually happened today, decades after Indonesia's independence. The injustice and hegemony relation that still occurs throughout the world ideally awakens the Indonesian to continue to contextualize anti-colonial values in the Preamble of the 1945 Constitution.

scholarly journals Breaking Up the Unity of the World: Peter Fitzpatrick’s Conception of Responsive Law

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
Short Article ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
The Law ◽  
The One ◽  
The Ideal

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.

scholarly journals Economic freedom and antisemitism

2020 ◽  
pp. 1-16
Author(s):  
Niclas Berggren ◽  
Therese Nilsson
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Economic Freedom ◽  
Complex Relationship ◽  
Economic Openness ◽  
The Rule Of Law ◽  
Doing Business ◽  
The World ◽  
Type Of Institution

Abstract We examine how variation in antisemitism across countries can be explained by economic freedom. We propose two mechanisms. First, the more economic freedom, the greater the scope of market activities. If people perceive Jews as particularly skilful at doing business at the expense of others, a greater reliance on markets can increase antisemitism. Second, a key type of institution undergirding the market is an effective and fair legal system, or the rule of law. The stronger the rule of law, the smaller the risk for exploitative behaviour, and the less hostile people will be towards groups seen as exploiters. If Jews are seen as such, more economic freedom reduces antisemitism. We use the ADL Global 100 survey of antisemitic attitudes and relate them, for up to 106 countries, to the Economic Freedom of the World index and its five areas. Our empirical findings confirm the two predictions: The more economic openness, the more antisemitism; and the stronger the rule of law, the less antisemitism. These findings indicate a complex relationship between markets and attitudes towards Jews.

Europe

2020 ◽  
Keyword(s):  
Rule Of Law ◽  
Security Policy ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The World ◽  
Foreign And Security Policy ◽  
The One ◽  
Two Sides ◽  
The Eu

In the years before the Covid-19 crisis confronted the world with unprecedented challenges, the EU showed two sides of itself: On the one hand, it gave cause for hope, having overcome several crises and presenting itself to the world as a defender of multilateralism and a stronghold of democracy. On the other hand, however, its weaknesses remained visible: its lack of coherence in foreign and security policy; its insufficient influence in its neighbouring regions; and its internal contradictions with regard to upholding the rule of law among its member states. The essays gathered here offer a review of two years of EU politics. With contributions by Laurent Baechler, Anna Dimitrova, Mohamed Ane, Sebastian Franzkowiak, András Inotai, Gabriel N. Toggenburg, Arnaud Leconte, Kyriakos Revelas, Hartmut Marhold, Jean-Claude Vérez, Jean-Marie Rousseau, Susann Heinecke, Florent Marciacq, Tobias Flessenkemper, Magda Stumvoll, Marta-Claudia Cliza, Laura-Cristiana Spataru-Negura, Claude Nigoul, Pinar Selek, Yvan Gastaut.

scholarly journals Do voters dislike liberalizing reforms? New evidence using data on satisfaction with democracy

2019 ◽  
Vol 15 (4) ◽  
pp. 631-648 ◽  
Author(s):  
Niclas Berggren ◽  
Christian Bjørnskov
Keyword(s):  
Panel Data ◽  
Rule Of Law ◽  
Economic Freedom ◽  
The Other ◽  
Government Size ◽  
The Rule Of Law ◽  
Satisfaction With Democracy ◽  
The World ◽  
Using Data ◽  
New Evidence

AbstractSince the early 1980s a wave of liberalizing reforms has swept over the world. Using panel data from 30 European countries in the period 1993–2015, we test the hypothesis that such reforms have led to voter dissatisfaction with democracy, since, it is argued, they have been undertaken in a non-transparent way, often during crises, and they have entailed detrimental consequences. The reform measures are constructed as distinct changes in four policy/institutional areas: government size, the rule of law, market openness, and regulation. Our results indicate that while reforms of government size are not robustly related to satisfaction with democracy, reforms of the other three kinds are – and in a way that runs counter to anti-liberalization claims. Reforms that reduce economic freedom are generally related to satisfaction with democracy in a negative way, while reforms that increase economic freedom are associated positively with satisfaction with democracy.

scholarly journals Denial of the Rohingya Genocide: Problematising Daw Aung San Suu Kyi and the Rule of Law in Postcolonial Myanmar

2020 ◽  
Vol 10 (2) ◽  
pp. 176-198
Author(s):  
Wendell Gleen P Cagape
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Post Colonial ◽  
Legal Reforms ◽  
House Arrest ◽  
Father’S Role ◽  
Political Narratives ◽  
The World ◽  
Special Relations ◽  
Aung San Suu Kyi

As the world condemns the genocide, Myanmar and Daw Aung San Suu Kyi’s government denied it and refused to accept it and argued that it sanctioned under the rule of law. This paper problematises these questions:, What is the rule of law in Myanmar? And why do they deny it? This study is qualitative in which pages of transcripts of speeches perused to find themes, settings, and meanings attributed to problematising Daw Aung San Suu Kyi and the rule of law in post-colonial Myanmar. These speeches delivered in public from 2016-2018. In analysing her speeches, the paper uses Foucauldian Discourse Analysis. On the part of Daw Aung San Suu Kyi, it found that problematising her actions and silence over the Rohingya genocide influenced her late father’s role. She continued to claim that her military father is the father of the Burmese military. She had special relations in incarceration with the army generals during her house arrest. She focused on the democratic transition which she promised in the 2015 election.  This study reveals that this rule of law has purely political narratives because the generals are not accountable. This paper subsumes ongoing legal reforms in Myanmar.

scholarly journals Dekonstruksi Ideologi Pancasila sebagai Bentuk Sistem Hukum di Indonesia

2019 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Achmad Hariri
Keyword(s):  
Social Justice ◽  
Procedural Justice ◽  
Rule Of Law ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
The Other ◽  
Legal Systems ◽  
The Rule Of Law ◽  
Substantive Justice

Pancasila legal system in Indonesia does not seem to have found a final formulation, it is still abstracted from the dominant legal system, namely civil law / rechstaat. In the 1945 Constitution it is clear that Indonesia promulgates as a legal state, although there is no implicit explanation of the legal system which is adopted (rechstaat, the rule of law or the Pancasila legal system), on the other hand Pancasila becomes the ideology and basis of the state, therefore there needs to be a formulation of the Indonesian legal system by deconstructing (reading; dismantling) the Pancasila ideology, so that the Pancasila is not only an ideology, but also as a legal system adopted in Indonesia. Pancasila can be placed in a prismatic postulate, where Pancasila is placed as a counterweight between existing legal systems, the Pancasila legal system can be used as an alternative legal system originating from noble values, legal systems relevant to plural societies are legal pluralism, namely common law configurations who uphold substantive justice, civil law that knows procedural justice, and the Pancasila legal system that upholds social justice. so that the substance of prismatic Pancasila law can be realized, namely justice as its purpose.

scholarly journals Perbandingan Sistem Hukum Antara Indonesia dan Malaysia

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 414
Author(s):  
Sigit Somadiyono
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
The Rule Of Law ◽  
Advantages And Disadvantages ◽  
The World

This research is a comparative study of two laws in the world, Indonesian law and Malaysian law. The second study was conducted by comparing the terms of definition, characteristics, objectives, and legal system in the judicial structure. The study aims to look at comparisons of the two to find possible advantages and disadvantages. By comparatively comparative malaysian legal system, in fact, Indonesia is no worse than in Malaysia, in this study it turns out that Indonesia has many advantages that people who work and work in the field of law, and therefore the possibility of the rule of law in Indonesia is still better because many people are law-abiding. The State of Indonesia must create a good legal system, the structure of the court should consider the culture of society such as Malaysia, because law enforcement will be more effective when in accordance with the values or customs that have been formed in the society itself.

scholarly journals Broken Trust. Confidence Gaps and Distrust in Latin America

2021 ◽  
Author(s):  
Paolo Parra Saiani ◽  
Enrico Ivaldi ◽  
Andrea Ciacci ◽  
Lucia Di Stefano
Keyword(s):  
Latin American ◽  
Rule Of Law ◽  
Political Trust ◽  
Public Affairs ◽  
The Other ◽  
The Rule Of Law ◽  
Economic Problems ◽  
Trust In Institutions ◽  
The World ◽  
Latin American Countries

AbstractLatin American societies show lower levels of political trust when compared to other regions of the world. The lack of trust in institutions can led to ineffective management of public affairs, social crises, lack of transparency, economic problems and even difficulties in countering pandemics. The objective of this work is to build an index (LADI) that provides a measure of the level of perceived distrust in the institutions of the different Latin American countries and its variations over the period from 2008 to 2018. The data used for this analysis are of a subjective nature and come from the series of surveys provided by Latinobarómetro. To develop the analysis, we have used a quantitative approach of a partially non-compensatory aggregative type, known as Adjusted Mazziotta and Pareto Index. The results show a generalized increase of distrust in the years 2017 and 2018 for several Latin American countries. On the other hand, in countries where the rule of law is more consolidated, a best perception of the functioning of democracy emerges.

History Turmoil And Politico-Cultural Conditions of the Sub-Continental Men In Salman Rushdie’s Midnight’s Children

2015 ◽  
Vol 2 (2) ◽  
pp. 26-28
Author(s):  
Gunasekaran N ◽  
Bhuvaneshwari S
Keyword(s):  
Middle Class ◽  
Salman Rushdie ◽  
Fiction Writing ◽  
Pluralistic Society ◽  
Post Colonial ◽  
Cultural Conditions ◽  
The World ◽  
Midnight's Children ◽  
First Time

Salman Rushdie remains a major Indian writer in English. His birth coincides with the birth of a new modern nation on August 15, 1947. He has been justly labelled by the critics as a post-colonial writer who knows his trade well. His second novel Midnight’s Children was published in 1981 and it raised a storm in the hitherto middle class world of fiction writing both in English and in vernaculars. Rushdie for the first time burst into the world of fiction with subversive themes like impurity, illegitimacy, plurality and hybridity. He understands that a civilization called India may be profitably understood as a dream, a collage of many colours, a blending of cultures and nationalities, a pluralistic society and in no way unitary.

Rule of law and the scope of interpretation of legislative provisions in the process of judicial and administrative review. Remarks against the background of the phenomenon of „lawmaking” of administrative courts

2021 ◽  
Vol 2(24) ◽  
pp. 373-387
Author(s):  
Przemysław Wilczyński
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal System ◽  
The Rule Of Law ◽  
Basic Criterion ◽  
Administrative Review ◽  
Administrative Courts ◽  
The Republic ◽  
Insight Into

The rule of law, as stipulated in article 7 of the Constitution of the Republic of Poland, is one of the fundamental principles shaping the functioning of public administration in the Republic of Poland. Legality of the functioning of public administration is also accepted as the basic criterion of judicial and administrative review of the actions taken by the administration. However, judgments of administrative courts often go outside the boundaries of findings that could be made based on linguistic interpretation of legislative provisions, by referring to the rules of the legal system, including in cases where no doubts exist with regards to the interpretation of provisions. The aim of this paper is to offer insight into the basis and nature of doubts encountered with regards to the admissibility of the use of non-linguistic interpretation by administrative courts where the use of such interpretation does not appear to be required.

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