Ograniczenia wolności kultu religijnego w czasie pandemii COVID-19: między konstytucyjnością a efektywnością

2021 ◽  
Vol 3(164) ◽  
pp. 143-165
Author(s):  
Piotr Stanisz
Keyword(s):  
The Other ◽  
Legislative Process ◽  
States Of Emergency ◽  
Broad Concept ◽  
The Future ◽  
The Face ◽  
The Republic ◽  
Polish Law ◽  
Council Of Ministers ◽  
Taking Action

The purpose of the present study is to analyse the restrictions on the freedom of religious worship introduced by the Polish executive authorities in the face of the spreading COVID-19 epidemic. The analysis aims to answer questions not only concerning the conformity of these actions with the Constitution of the Republic of Poland and statutory laws, but also pertaining to the issue of the level of preparation of Polish law for an epidemic. In reference to these questions, the author concludes that the introduction of restrictions on the freedom to manifest religion by acts of worship in the regulations issued by the Minister of Health and the Council of Ministers exceeds the bounds of statutory authorisation and is inconsistent with the Polish Constitution. According to the Constitution of the Republic of Poland, passing a law remains the only admissible way of introducing restrictions on the freedom of manifestation of religion, and there are no exceptions to this rule even in states of emergency. On the other hand, the author also points out that if the effectiveness of combating this kind of epidemic really depends on possibility of introducing the above-mentioned restrictions without a long legislative process, it means that Polish executive authorities have been confronted by the constitutional legislator and the legislature with a choice between being efficient and acting in conformity with the Constitution and statutory laws. Therefore, the article postulates that it is necessary to make deep changes to the current law. Elaborating a broad concept of these changes requires further analysis, and the relevant discussion needs to take into account the experience gained so far in combating the coronavirus epidemic, the importance of freedom of thought, conscience and religion, and the solutions adopted in other countries. A clear and balanced, as well as properly sequenced and democratically justified specification of the rules that should be followed by the executive when introducing restrictions related to the spread of the epidemic, even with regard to such important values as the freedom to manifest religion through acts of worship, is undoubtedly more appropriate than formally ruling out the possibility of taking action that may turn out necessary in the future.

PENYELESAIAN SENGKETA PEMILU AKIBAT PENGGELEMBUNGAN SUARA DI KABUPATEN TAPIN

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Gusti Muhammad Ihsan Perdana
Keyword(s):  
Time Trial ◽  
General Election ◽  
The Other ◽  
District Court ◽  
Criminal Trials ◽  
Criminal Offense ◽  
Criminal Charge ◽  
The Future ◽  
The Republic ◽  
Legislative Election

 Legislative election in distric Tapin was spotted with a vote, conducted by members of the Commission, M. Zainnoor Wal Aidi Rahmad win a legislative candidate from the Golkar Party, namely Bambang Herry Purnama the 2014-2019. Elections Honorary Council for General Election Organizer of the Republic of Indonesia as No. 15 / DKPP-PKE-III / 2014 has imposed sanctions on Zainnoor Wal Aidi M. Rahmad form of dismissal remain as a member of the Tapin district Elections Commission since the verdict was read. Rantau’s District Court in its decision No. 135 / Pid-Sus /2014/PN.Rta, Bringing the sanctions in the form of imprisonment for 10 months with the criminal provisions do not need to be run in the future unless is another command in the verdict that convicted before time trial during the 12 (twelve months) ends have been guilty of a criminal offense and a fine of Rp. 10,000,000.00 (ten million). Dismissal sanctions remain to perpetrators as member of the district KPU Tapin have sense of fairness, but the connection with the criminal charge of criminal trials less reflectjustice for his actions that allow offenders not sentenced to imprisonment and the other party can not do the same.Keywords: Elections Tapin distric, Inflation Voice, Sanctions

Public Security in the Polish Law on State of Emergency

2016 ◽  
Vol 8 (1) ◽  
pp. 91-100
Author(s):  
Bernard Wiśniewski
Keyword(s):  
The State ◽  
Public Security ◽  
State Of Emergency ◽  
Constitutional Order ◽  
Security Environment ◽  
States Of Emergency ◽  
The Republic ◽  
Polish Law ◽  
The Impact ◽  
The Relationship

This article presents the essential issues in the provisions of the law relating to public security in force in the Republic of Poland which are used in conditions of extraordinary internal threats that cannot be dealt with using ordinary legal tools. The considerations are based on an analysis of the legally regulated obligations of the state as a political organisation to society for securing the conditions for its survival in a changing security environment. This serves to present the basic issues of public security and the rules for the use of the State instruments for states of emergency. The rest of this article presents the relationship between issues of public security and a state of emergency. In this part of the article it is essential to discuss the circumstances that must exist to be able to employ specific legal measures in the conditions of threats to the constitutional order of the State and threats affecting the security of the citizens or of public order (including those caused by terrorist activities). Consequently, it discusses the impact of the rigours of a state of emergency in relation to the potential for limiting the escalation of these threats. The final part of the article also presents other instruments, apart from the state of emergency which, in the Polish legal system, can be used in the fight against threats which endanger public security and that are related to prohibited activities in cyberspace.

scholarly journals El modelo de responsabilidad del Gobierno en la Constitución de 1978 o jugar a las siete y media // Government’s model of Responsibility/Responsiveness in 1978 Constitution or playing at «seven and a half»

2018 ◽  
Vol 1 (101) ◽  
pp. 183 ◽  
Author(s):  
Esther González Hernández
Keyword(s):  
Criminal Responsibility ◽  
The Other ◽  
Political Responsibility ◽  
Government Responsibility ◽  
Critical Perspective ◽  
Criminal Trials ◽  
Spanish Constitution ◽  
The Future ◽  
Dual Perspective ◽  
Council Of Ministers

Resumen:El presente paper, analiza el régimen de responsabilidad del Gobierno contenido en la Constitución española de 29 de diciembre de 1978 desde una doble vertiente. Por un lado, explica las normas constitucionales que regulan el régimen de responsabilidad gubernamental tanto jurídica como política. Por otro, centra su atención en el desarrollo de las previsiones constitucionales en los cuarenta años de vigencia de nuestra Carta Magna, comentando los supuestos más sobresalientes de juicios penales en los que se ha visto inmersos ex-miembros del Consejo de Ministros y como las «cuestiones de confianza» o «mociones de censura» que han tenido lugar en sede parlamentaria. Por último, analiza, desde un punto de vista crítico, las insuficiencias del sistema y añade propuestas de futuro.Abstract:This paper analyzes the regime of government responsibility/responsiveness in the 1978 Spanish Constitution from a dual perspective. On one hand, it explains the constitutional rules that govern the regime of governmental responsibility/responsiveness, both legal and political. On the other hand, it focuses on the development of the constitutional provisions in the 40 years of our Constitution, commenting on the most outstanding cases of criminal trials in which former members of the Council of Ministers have been involved, such as «votes of confidence» or «motions of censorship» that have taken place in parliamentary seat. Finally, it analyzes, from a critical perspective, the inadequacies of the system and adding proposals for the future.SummaryI. 1978: A Constitution, without doubt, meritorious, II. From criminal responsibility to political responsibility. III. The Government’s responsibility in the 1978s Spanish Constitution: A. Art. 102 and criminal responsibility, B. Political responsibility through censure: a. A forgotten «vote of confidence», b. The «motion of censure»: three times and no resignation, IV. The future is coming. Bibliography.

Competing Intellectual Currents within Modern Turkish Conservatism: The Bergsonian Connection

DIYÂR ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 232-253
Author(s):  
Mustafa Aslan
Keyword(s):  
Present Article ◽  
European History ◽  
The Other ◽  
Critical Juncture ◽  
Turkish Republic ◽  
Secondary Sources ◽  
Intellectual Traditions ◽  
The Face ◽  
The Republic ◽  
Modern Turkey

The philosophy of Henri Bergson (1859-1941) emerged during a critical juncture of European history as a reaction to the predominance of Enlightenment rationalism and positivism. Essentially, it strived to contest the peculiar convictions of these intellectual traditions and reintroduce the primacy of creativity, transcendence and human agency. As such, its influence had travelled across time and place. In modern Turkey, the thought of Bergson particularly influenced a group of conservative literati including İsmail Hakkı Baltacıoğlu (1886-1978), Peyami Safa (1899-1961), Hilmi Ziya Ülken (1901-1974) and Mustafa Şekip Tunç (1886-1958). For these intellectuals, Bergson represented the face of the ‘Other West’ and they appropriated his ideas with the aim of transforming the starkly positivist and rationalist disposition of Kemalism while being firmly committed to the ideals of the Modern Turkish Republic. On a different side of Turkey’s intellectual spectrum, another figure also appealed to Bergson and his philosophy. It was Necip Fazıl Kısakürek (1904-1983), who fiercely dissented the project of the republic for its pro-Western foundations and reconceptualized Islam as a totalizing ideology. Hence, through a critical cross-reading of different primary and secondary sources, the present article contrasts these competing currents of Turkish conservatism, their appropriations of Bergsonian philosophy and attitudes toward their society’s experience of the Turkish revolution and modernity.

Letter from the Other Canada

1990 ◽  
Vol 25 (2) ◽  
pp. 231-247 ◽  
Author(s):  
Guy Laforest
Keyword(s):  
The Other ◽  
Political Crisis ◽  
The Political ◽  
Canadian History ◽  
Quiet Revolution ◽  
The Future ◽  
The Face ◽  
Political Modernization

LESS THAN TWO YEARS AGO, THE READERS OFGovernment and Oppositionhad reasons to be moderately optimistic concerning the future of our country. If their judgment was based on George Feaver's ‘Letter from Canada’, it appeared prudent to conclude that it was no small achievement for Canada to have persisted as a state in the face of tremendous adversity. These readers may have also trusted some distinguished experts on Canadian history and politics. Donald Smiley recently wrote that he had ’very much over-estimated the strength of Québec nationalism and provincialist influences elsewhere in the country and very much under-estimated the capacity of the system to respond effectively to such divisive pressures’. Smiley's judgment was supported by Kenneth McRoberts: ‘Canada's most serious political crisis, which originated in the political modernization of the Quiet Revolution and saw the election of a Québec government formally committed to Québec sovereignty, appears to have run its course.’

scholarly journals Cyberprzestrzeń w stanach nadzwyczajnych w Polsce - perspektywa porównawcza

Politeja ◽  
2020 ◽  
Vol 17 (4(67)) ◽  
pp. 110-127
Author(s):  
Agnieszka Warchoł
Keyword(s):  
Legal System ◽  
States Of Emergency ◽  
The Republic ◽  
Polish Law

Cyberspace in States of Emergency in PolandThe aim of the article is to present cyberspace in the regulations on states of emergency in the legal system in Poland. The Constitution of the Republic of Poland in Chapter IX regulates the issue of “States of emergency”. Each of these situations is also regulates by separate acts. The article presents these acts and answers the question why “cyberspace” was introducted into the Polish law in these acts. The article is divided into several parts – introduction, information about the amendment act, and finally the discussion of individual acts.

scholarly journals Influence of Religion, Culture and Education on Perception of Climate Change, and its Implications

2019 ◽  
Vol 14 (9) ◽  
pp. 1297-1302 ◽  
Author(s):  
Mikiyasu Nakayama ◽  
Irene Taafaki ◽  
Takuia Uakeia ◽  
Jennifer Seru ◽  
Yolanda McKay ◽  
...  
Keyword(s):  
Climate Change ◽  
Sea Level Rise ◽  
Sea Level ◽  
Marshall Islands ◽  
The Bible ◽  
The Future ◽  
The Republic ◽  
Taking Action ◽  
Surprising Finding ◽  
People’S Perceptions

This study aims to quantitatively find the influence of religion, culture and education on the perception of climate change, and its implications. A survey was carried out, with students of a college and a university in the Republic of the Marshall Islands (RMI), and a university in Kiribati answering a questionnaire. It emerged that education has more influence than religion or culture on people’s perceptions of climate change and its implications, both in the RMI and Kiribati. It is interesting because the two countries are not homogeneous in terms of history, culture and religion. Another surprising finding was that seemingly contradictory ideas (e.g., no flooding in the future as stated in the Bible, compared with the perceived sea level rise) exist in the minds of the majority of the respondents, both in RMI and Kiribati. Having conflicting ideas in one’s mind may delay one taking action to cope with climate change and its implications.

The Survival of the Revolution in France

2017 ◽  
Author(s):  
R. R. Palmer
Keyword(s):  
French Revolution ◽  
The Other ◽  
Other Hand ◽  
German States ◽  
The World ◽  
The Future ◽  
The Republic ◽  
The Government ◽  
United Provinces ◽  
The French Revolution

This chapter details events in 1973, when the issue for France and the world was whether revolution or counter-revolution should prevail. In every country where the government was at war with the French Republic in 1793—in Britain and Ireland, in the United Provinces and in Belgium restored to the Emperor, in the Austrian Monarchy, the small German states and the Prussian kingdom, in the Italian kingdom of Sardinia—there were groups of people whose sympathies lay in varying degree with the declared enemy. Wherever the French Revolution had been heard of there were men who wished it not to fail. Their concern was not only for France but for the future of some kind of democratization in their own countries. For those, on the other hand, who hoped to see the whole revolution undone, these first months of 1793 saw a revival of the exciting expectations of a year before. The Republic seemed a sinking ship, crazed, in addition, by mutiny in its own crew.

scholarly journals MAFIA IN THE ITALIAN PENAL CODE

2014 ◽  
Vol 5 (1) ◽  
pp. 463-472
Author(s):  
Cezariusz SOŃTA ◽  
Joanna BRYLAK
Keyword(s):  
Organized Crime ◽  
Criminal Organization ◽  
Penal Code ◽  
The Other ◽  
Original Solution ◽  
Proper Name ◽  
The Republic ◽  
Polish Law ◽  
The One ◽  
The 19Th Century

In security sciences organized crime starts to be treated as an asymmetric hazard. Organized crime covers, in the opinion of the Authors, all crimes committed within the criminal structures that are characterized by organization. Mafia is, on the one hand, a proper name for a Sicillian criminal organization, which has been used in the sense at least since the 19th century. On the other hand, it also means any criminal organization of mafia nature. In the Polish law, like in most legislations, the notion of mafia is not present. The authors try, however, to create its non-legal definition. They draw attention to the fact that the Penal Code of the Republic of Italy contains an original solution - apart from an “ordinary” criminal association (Article 416) it introduces penality for participation in an association of mafia nature (Article 416 bis). The primary purpose of this study is to analyse this structure in comparison to the origin and solution of the Italian antimafia law.

scholarly journals Rola polskiego parlamentu w systemie organów wdrażających wyroki Europejskiego Trybunału Praw Człowieka

2020 ◽  
Vol 5(160) ◽  
pp. 9-34
Author(s):  
Katarzyna Grzelak-Bach ◽  
Karol Karski
Keyword(s):  
Human Rights ◽  
Ad Hoc ◽  
Legislative Process ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Republic ◽  
Council Of Ministers ◽  
The Impact ◽  
Law Making

The study presents selected issues related to the role of the national parliament in the implementation and execution of judgments of the European Court of Human Rights (ECHR). It presents the specificity of the national law-making process as a system of ad hoc legislation, which to a small extent is a response to international obligations in the field of human rights.The study also attempts to examine the impact of the case law of the ECHR on the national legal system by analyzing the subsequent stages of the legislative process. It emphasizes the role of the Committee of Ministers of the Council of Europe, whose task is to ensure that states do not overlook — by their actions or omissions — the effects of judgments. The study attempts to assess the degree of sensitisation and the increase of awareness regarding the significance of the standards of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) in the national institutions and executive and legislative authorities that actively cooperate with each other. The implementation of the guidelines of correct legislation in the context of human rights is an activity of entities involved in the law-making process which, taking into account the standards of national and international law, shape in a specific manner the situation of individuals as well as of all entities. Parliaments can hold the executive authorities accountable for the execution of obligations by means of various instruments, and thus many legal issues that were the subject of the judgments of the ECHR had significant impact on the legislative process and the undertaking of respective legislative actions towards bringing Polish legislation closer to the standards of the Convention. The Sejm (the Polish Lower House) and the Senate bear enormous responsibility for the quality of the adopted law; at the parliamentary stage the role of the Council of Ministers of the Republic of Poland becomes less leading, but not excluded. This is what determines the unique role of the dialogue between the executive and legislative authorities, which should finalize the vision of the legal regulations closer to human rights in a constructive manner.

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