scholarly journals Science of constitutional law as a basis for the development of the state legal system

Author(s):  
G. A. Vasilevich

The article analyzes the influence of the science of constitutional law on the formation of constitutional legal relations in the state. The role of scientists in identifying trends in the development of the state and law is reflected. The role of the Constitution as a fundamental act, as an act integrating the entire national legal system, is emphasized. Suggestions are made to improve the system of checks and balances. It is emphasized that the development of constitutional law is influenced by the European legal space. European integration is the most important factor in the process of further development and improvement of national legal systems. A special threat to the stability of the state is created by the split of society, the lack of unity of the people in solving basic issues (property, political pluralism, the real provision of rights and freedoms regardless of political views). The coincidence of constitutional reality and constitutional norms is the most important condition and manifestation of the unity of the state and citizens.

2021 ◽  
Vol 30 (1) ◽  
pp. 17-46
Author(s):  
Dmitry Kireev

Democracy has many appearances. The principle of democracy is implemented in republics as well as monarchies, unitary states and federations. This article proposes a new dimension of democracy – the type of popular representation – which depends on the electoral system used in national parliamentary elections. The ownership of power in the state by the people is ensured by the functioning of a representative body elected by citizens and having exclusive authority to pass laws that are binding on all. In addition, the parliament participates in the formation of bodies of other branches of power and approves the budget. Thus, research into the manifestations of the institution of popular representation is important not only for countries with a parliamentary government, but also for all other states. The direct dependence of the composition of the legislature on the will of the people guarantees that the actions of the state are subordinated to the interests of this entity. An electoral system is used to identify this will of the people. However, the significance of this legal mechanism is not limited to the role of a guide between votes and parliamentary mandates alone. The electoral system is a “double-edged” instrument that can influence the exercise of power by the people. The purpose of this article is to analyse this influence and demonstrate the existence of three types of popular representation formed by different categories of electoral systems. Types of people’s representation arise as a result of the repeated application of a certain mechanism and the following establishment of the party composition of the parliament and party structure of the government. The established type of people’s representation is characterised by the varying degree of effectiveness of political parties in expressing and realising the interests of the people. In addition, the implementation of the principle of alternation of power and the functioning of the checks and balances are also dependent on the electoral system used. This article formulates a concept that makes it possible to differentiate the way democracy is developed in the state and to consider transparently the constitutional and legal consequences of the choice of the electoral system.


1990 ◽  
Vol 34 (1) ◽  
pp. 53-66 ◽  
Author(s):  
Isabella Okagbue

In most modern legal systems the prosecution of offences is conducted by government-employed or appointed officials on behalf of the State. Nevertheless it is generally recognised that private individuals also have an important, if somewhat diminished, role to play in this process. Recent legislation introduced into one of the 21 states of Nigeria has however partially abolished the right of private prosecution except in relation to the offence of perjury. This and the additional controversy surrounding one man's attempts to prosecute two government security agents for the murder of his friend has generated a surge of interest in a topic which has for the most part been largely ignored.This article traces from an historical perspective the role of the private prosecutor in Nigerian traditional society and under its present legal system. An attempt is then made to examine the powers, obligations and importance of the private prosecutor in Nigeria today, and to identify and suggest the checks and balances that are needed to preserve the right of the citizen to seek judicial redress by private prosecution when otherwise justice would be denied.


2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.


2021 ◽  

Since the dawn of colonialism in Southern Africa, the province of the Eastern Cape emerged as the cradle of African resistance against colonial oppression. A closer look at the province reveals opportunities for progress and ultimate resurgence of economic and social development, yet conflated by a myriad of challenges. This book brings together different perspectives and realities of the post-apartheid Eastern Cape to provide an in-depth exploration of the developmental dilemmas that the province faces. This book provides insightful reflections on development and its sustainability some 25 years since democracy, and specifically focuses on sociological and demographic realities in the areas of migration and its impact on families. The book further grapples with the role of the state in developing culture and heritage in the province, pointing to fundamental and multiple challenges of deprivation, unemployment and subsequent community resilience in a variety of sectors including health and education. While it provides a historical analysis of contextual issues facing the province, the book also highlights the agency of the people of the Eastern Cape in confronting challenges in leadership, accountability, citizen participation and service provision. The book will be useful for development scholars and practitioners who are interested in understanding the state of the province, and similar settings, and the degree to which it has emerged from the shadows of its colonial and apartheid legacies.


2004 ◽  
Vol 3 (2) ◽  
pp. 337-369 ◽  
Author(s):  
David Koh

AbstractIn the drama of negotiation of state boundaries, the role of local administrators as mediators is indispensable. They mediate between state demands for more discipline and societal demands for more liberties. Their ability and willingness to enforce determines the extent of state power. They are a particular type of elites chosen by the state to administer; yet often they have an irrational and morally corrupt relationship with their subjects. The questions that arise then are: When do the local administrators decide to or not to enforce the rules? What considerations do they hold in the face of contradicting demands for their loyalties? This paper seeks answers to the above questions by examining state enforcement of its construction rules in Hanoi after 1975, in which the ward, a level of local administrators in the urban administration landscape, plays an important role in holding up (or letting down) the fences. I will examine the irrationality of the housing regime that led to widespread offences against construction rules, and then show why and how local administrators may or may not enforce rules. This paper comprises two parts. The first part outlines the nature and history of the housing regime in Vietnam and the situation of state provision of housing to the people. These provide the context in which illegal construction arises. Part Two looks at illegal construction in Hanoi chronologically, and focuses on important episodes. The theme that runs through this paper is the role of local administrators in the reality of illegal construction.


2017 ◽  
Author(s):  
Yusrizal

The legal system in Malaysia State reflects the plural model which appears in English Malay Colony. Much of the area of life must be governed by a federal public body. The shariah Court in Malaysia known as the Shariah Court which is a judicial institution that speaks, and sentences to Muslims for civil and criminal misconduct according to the jurisdiction allocated to it. The Shariah Court has jurisdiction as stipulated by the Malaysian Constitution. While in Saudi Arabia Quran and Sunnah Rasulullah s.a.w is the Constitution of the State, and shariah as the basic law implemented by tribunals (courts) shariyah with ulama as Judges and counselors. The Saudi Arabia judiciary is formed based on Islamic shariah which is inseparable from the role of King Abdul Aziz bin Abdul Rahman as-Saud who plundered the territories


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Winda Roselina Effendi

Walfare State concept born in the era of the 20th century as a correction of the development of the concept of the country as night watchman, the phenomenon of economic capitalism that gradually leads to lameness in the distribution of sources of prosperity. In the Walfare State concept, the state is required to extend its responsibility to the socio-economic problems facing the people. The functions of the state also include activities that were previously beyond the scope of state functions, such as extending the provision of social services to individuals and families in specific matters, such as social security. The role of the state can not be separated with Welfare State because the state that plays a role in managing the economy which includes the responsibility of the state to ensure the availability of basic welfare services in certain levels. Welfare State does not reject the existence of a capitalist market economy system but believes that there are elements in the public order that are more important than market objectives and can only be achieved by controlling and limiting the operation of such market mechanisms.Keywords: walfare state, country, economic systemKonsep Walfare State yang lahir di era abad ke-20 sebagai koreksi berkembangnya konsep negara sebagai penjaga malam, gejala kapitalisme perekonomian yang secara perlahan-lahan menyebabkan terjadinya kepincangan dalam pembagian sumber-sumber kemakmuran bersarma. Dalam konsep Walfare State, negara dituntut untuk memperluas tanggung jawabnya kepada masalah-masalah sosial ekonomi yang dihadapi rakyat. Fungsi negara juga meliputi kegiatan-kegiatan yang sebelumnya berada diluar jangkauan fungsi negara, seperti memperluas ketentuan pelayanan sosial kepada individu dan keluarga dalam hal-hal khusus, seperti social security, kesehatan.  Peran negara tidak bisa dipisahkan dengan Welfare State karena negara yang berperan dalam mengelola perekonomian yang yang di dalamnya mencakup tanggung jawab negara untuk menjamin ketersediaan pelayanan kesejahteraan dasar dalam tingkat tertentu. Welfare State tidak menolak keberadaan sistem ekonomi pasar kapitalis tetapi meyakini bahwa ada elemen-elemen dalam tatanan masyarakat yang lebih penting dari tujuan-tujuan pasar dan hanya dapat dicapai dengan mengendalikan dan membatasi bekerjanya mekanisme pasar tersebut. Kata Kunci: walfare state, negara,sistem ekonomi 


2021 ◽  
Vol 14 (2) ◽  
pp. 85-103
Author(s):  
Farelle Yandza Ikahaud ◽  
Mohamed El Haddad

Investment determines the sustainability and prosperity of an economy. The paper seeks to (1) give an overview of the roles of companies on the stability of the financial system, based on existing theoretical and empirical work; and (2) to highlight the reasons which expose them to the non-application of their duties against the State. For this purpose, a bibliometric analysis using the Direct Science database was employed. The results of the analysis allowed us to study the search trend by analyzing the distribution of publications, authors, types of publications and fields of research and also showed that the themes of the study are of great scientific interest because of the surge in the number of publications on the role of companies over the last ten years averaging 76.3 per year while 1,690 were on the impact of company behaviour on the stability of the financial system.


2020 ◽  
Vol 2 (2) ◽  
pp. 134-145
Author(s):  
Ahyuni Yunus ◽  
Agustina Ali Bilondatu

Penelitian ini bertujuan, pertama Bentuk perlindungan hukum konsumen pada perjanjian baku (Standart Contract) PT Telkomsel Terhadap Penggunaan Kartu Pasca Bayar (Halo Kick), kedua Upaya hukum konsumen Konsumen tindakan sepihak yang dilakukan oleh pihak Telkomsel. Metode penelitian yang digunakan adalah metode penelitian hukum normatif. Hasil penelitian menunjukkan bahwa, pertama, Perlindungan hukum terhadap pekerja dimaksudkan untuk menjamin hak-hak dasar dan menjamin kesamaan kesempatan serta perlakuan tanpa diskriminasi atas dasar apapun untuk mewujudkan kesejahteraan pekerja beserta keluarganya. Perlindungan pekerja tersebut hanya dapat tercapai jika adanya peran serta Negara secara aktif dalam menjaga stabilitas iklim industrialisasi dengan perindungan terhadap pekerja, atau dengan kata lain ditengah gesekan perubahan zaman dan menggeliatnya pertumbuhan ekonomi maka peran serta Negara merupakan keniscayaan. This study aims, firstly, the form of consumer legal protection in the PT Telkomsel standard contract against the use of postpaid cards (Halo Kick), secondly the consumer's legal efforts for unilateral actions taken by Telkomsel. The research method used is normative legal research method. The results show that, first, legal protection for workers is intended to guarantee basic rights and guarantee equal opportunity and treatment without discrimination on any basis to realize the welfare of workers and their families. Protection of workers can only be achieved if there is an active role of the State in maintaining the stability of the industrialization climate with protection of workers, or in other words, amidst the friction of changing times and stretching economic growth, the participation of the State is a necessity.


2019 ◽  
pp. 46-73
Author(s):  
Amy Austin Holmes

This chapter analyzes the first wave of the revolution against Hosni Mubarak. Refuting arguments that focus on the role of the social media, or divisions among the elite, and the alleged neutrality of the Egyptian military, the chapter illustrates that it was a revolutionary coalition of the middle and lower classes that created a breaking point for the regime. Key features of this mass mobilization included the refusal of protesters to be cowed by state violence, the creation of “liberated zones” occupied by the people, “popular security” organizations that replaced the repressive security apparatus of the state, and strikes that crippled the economy in the final days of the Mubarak era. Key moments during the 18 days are described with ethnographic detail, including the unfiltered reactions of protesters to the deployment of soldiers on January 28. The revolutionary nature of the uprising is that people demanded more than just the ouster of Mubarak—they wanted to topple “the regime” by naming the names of a slew of Mubarak’s cronies to remove them from power.


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