THE INSTITUTE OF POPULAR VETO IN THE HISTORY OF THE STATE AND THE LAW OF FOREIGN COUNTRIES: THE EXPERIENCE OF THE SWISS CONFEDERATION

2020 ◽  
pp. 69-73
Author(s):  
V.F. Kharuta
Author(s):  
Rafael Sanzio Araújo dos Anjos

The LDB (Lei de Diretrizes e Bases) of 1996 does not mention the Quilombolas Communities. We know that in some aspects the problems with the access to schools are similar to the problems faced in the riverine communities, in the rural zone, and in the indigenous population, for example. Both specified on the law. Which would be the followed orientation when we talk about quilombos?- It is important not to lose sight that exists in space and in the Brazilian population a large territory and people not part of the “Official Brazil”. In this context, we can insert the quilombolas populations, which were excluded secularly of the country and of the priority actions in the decision-making sector. Prejudice and exclusion mark the history of Africa in Brazil and the quilombos, which are considered “the past of Colonial Brazil”, had recently started to have attention of the State and one of them is in the Transitory Devices of the Federal Constituion of 1988. 


2019 ◽  
pp. 127-146
Author(s):  
Lawrence M. Friedman

This chapter discusses the history of American frontier law. The new nation faced the problem of how to deal with the western lands. Some of the states had huge, vague, and vast claims to chunks of western land, stretching out far beyond the pale of settlement; other states did not. The Ordinance of 1787 dealt with the issue of governance and the future of the western lands. It set basic law for a huge area of forest and plain that became the states of Ohio, Indiana, Illinois, Michigan, and Wisconsin. The Ordinance of 1790 extended the influence of the Northwest Ordinance into what became the state of Tennessee.


2019 ◽  
pp. 138-146
Author(s):  
P. Zakharchenko

The approaches to the category "History of Ukrainian Law" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right. The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification It is alleged that for the first time the definition of "history of Ukrainian Law" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject "History of Ukrainian Law", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.


2019 ◽  
Vol 7 (2) ◽  
pp. 135-143
Author(s):  
Anthony Carty

Abstract The Western international law of territory starts from a standpoint of the priority of the State over its population. The latter is merely an object of the ownership of the State. Title to territory rests on dominant evidence of State activity. The activity of so-called private individuals or economic activity of peoples do not count towards title to territory in the case law of international tribunals. This article contests the foundations of such a perspective. The so-called Western law of territory was devised by Western States to divide up among themselves the territory of non-Western ‘non-peoples’, culminating in the racist Island of Palmas Arbitration. Carl Schmitt provides the makings of an alternative history of the law of territory. It is, and should be, the law of the homelands of peoples, historically located on particular spaces. Peoples precede States, which are merely institutions used by Peoples to protect and administer their homelands. Whatever the difficulties of locating the homelands to which Peoples belong, escape into the so-called Western law of territory as a way to ‘Peace through the Rule of Law’ is an illusion – described contemptuously by the political theorist Raymond Aron as a Law of empty spaces. Without justice, there is no law.


2020 ◽  
pp. 111-150
Author(s):  
Peter Leman

Chapter two examines Kenyan orature and revolutionary performance in relationship to the history of colonial labour law, which became increasingly oppressive through emergency regulations. Among the most important responses to this history is that offered by novelist, activist, and playwright Ngũgĩ wa Thiong’o. Recognizing that the state and the oral artist are “rivals” in articulating and disseminating the law and, further, that orature played “the most important role” in anti-colonial struggles, Ngũgĩ draws heavily on Kikuyu and other Kenyan oral traditions in addressing the history of exceptionalized labour law and its lasting effects in the postcolonial period. Through workers’ songs, revolutionary hymns, proverbs, and myths, Ngũgĩ’s theatre draws on the performative force of oral jurisprudence to challenge the temporal foundations of colonial labour law and also explore alternative models of democratic work that embody a vision of Kenya’s future. Specifically, I argue that through oratorical strategies (including formal open-endedness) in The Trial of Dedan Kimathi (1976) and “Mother, Sing for Me” (1983), Ngũgĩ and his co-authors “[break] the barrier between formal and infinite time,” constellating (in the Benjaminian sense) past moments of revolution with both the present and possible revolutionary futures.


2021 ◽  
Author(s):  
Gabriella Raisza Putri ◽  
Moses Glorino Rumambo Pandin

Book Pancasila Dasar Negara Paripurna is the work of Prof. Dr. Tukiran Taniredja, MM and Prof. Dr. Suyahmo, M.Si. that was written to commemorate and make all Indonesian people aware of the importance of Pancasila as the basis of life of the nation, state, and society. In addition, this book is intended to complete Pancasila as the permanent foundation of the state for the Indonesian nation. This book is presented so that the Indonesian people, especially the millennial generation, can continue the life of the Indonesian people per the precepts of the Pancasila and apply life with Pancasila values as the basis of the Indonesian state. This book was also prepared with the aim of anticipating several phenomena and new ideologies that has entered Indonesia that are incompatible with the Pancasila Ideology after the Reformation Era. Pancasila as the foundation of a complete state should not be forgotten. The current millennial generation is more interested in ideologies from foreign countries that are not following the basis of our country, so this is an important reminder for the millennial generation of the impacts of these foreign ideologies. This book also contains a lot about the 1945 Constitution which hopes that the Indonesian people remember the regulations in it and do not conflict with these regulations.Book Pancasila Dasar Negara Paripurna is aimed at all Indonesian people, especially the millennial generation, who are the generation that will preserve the values of Pancasila. Due to the development of the times, the millennial generation has forgotten the Pancasila ideology as the basis of the Indonesian state. Pancasila now seems to be only a small part of the history of the Indonesian nation because many people do not follow the values of Pancasila and choose other ideologies. In democratic and political life, many people today make Pancasila the fault of all the problems and failures of national and state life. If Pancasila is interpreted and implemented correctly, Pancasila is a solution to the problems and failure of the state in carrying out Indonesian constitutionality.Information about the importance of Pancasila in state, social and national life is presented in a very complete manner. Pancasila is the basis of the state which still cannot be changed or replaced by other ideologies. Apart from being irreversible, Pancasila is the right ideology for Indonesia because the values in Pancasila reflect the customs and culture of the Indonesian people. Pancasila is suitable for a pluralistic society. Indonesia consists of islands that vary from Sabang to Merauke. From these islands, there are significant differences. However, the existence of Pancasila makes it easier for the Indonesian nation to unite and respect each other's differences. In addition, Pancasila is considered the right ideology because Pancasila is the basis for Indonesian society to solve state problems. Pancasila also has high values of democracy and justice, therefore a democratic society that values of human rights can be implemented more easily.The book has many benefits and this review is important. This is because the millennial generation today are increasingly contradicting and forgetting the Pancasila ideology. This book is presented with relevant purposes to overcome the problems of state, national and social life in this era of development. The noble values of Pancasila, which have been forgotten and lost from state life, are beginning to require the revitalization and actualization of Pancasila to be achieved as well as possible. All Indonesian people and millennial generation need to know and interpret Pancasila properly from an early age so that they can continue their constitutional life following the country's foundation, the nation's outlook on life, and the complete national personality.


Author(s):  
N. I. Koloskova ◽  
E. А. Аlentsov ◽  
E. А. Nedostup ◽  
O. S. Ostapovich

The article is devoted to the Constitution of Brazil of 1824, the first in the history of this country. The political structure of the Brazilian Empire described in the article was based on this Constitution, which was in force from its adoption until the proclamation of the First Brazilian Republic (1889). The article analyzes the tasks that stood at the creation of the Constitution and the main changes made to the state structure of Brazil after the law was initiated. It is emphasized that, although the Imperial Constitution did not solve all the problems in Brazilian society, it was the first to identify the issues to be resolved, and that the monarchy lasted longer in Brazil than successive Republican and dictatorial regimes, including thanks to the basic law of the country in the edition of 1824.


Author(s):  
Olexandr Berezhnyi ◽  
◽  
Bogdan Klimchuk ◽  
Arthur Litvinenko ◽  
◽  
...  

The article examines the organizational and functional problems of the State Bureau of Investigation and suggests ways to solve them. The article analyzes the works of scientists who are devoted to the analysis of the law enforcement system of Ukraine. The paper also proposes the structure of a new law enforcement agency. The paper provides a comparative analysis of the structure and functions of the State Bureau of Investigation with other bodies of pre-trial investigation and operational-search activities of Ukraine. The experience of creation and functioning of similar law enforcement agencies in other countries of the world is considered. Attention is focused on the history of the implementation of a specialized law enforcement agency. The article proposes to improve the subject and subject jurisdiction of the State Bureau of Investigation. The author has formulated his own vision of solving the problems of the organization and functioning of the State Bureau of Investigation, taking into account international experience in organizing such law enforcement agencies and on the basis of constitutional principles according to which other pre-trial investigation bodies operate. It is proposed to amend the provisions of clause 1 of part 1 of article 5 of the Law of Ukraine "On the State Bureau of Investigation" so that those crimes that are committed by officials directly during the performance of their official duties are under investigation and it is concluded that the following improvement of the organizational and functional aspects of the activities of the State Bureau investigations based on the principles of legality, fairness, reasonableness and the rule of law will guarantee a stable law enforcement system, and hence a stable investment climate and a stable economic situation in the country.


2012 ◽  
Vol 40 (3) ◽  
pp. 344-392 ◽  
Author(s):  
Natalie Orpett

Land law in the West Bank is a mess of multi-layered legal regimes representing the complicated political history of the region. From this confusion flow some of the most contentious issues in the Israeli-Palestinian conflict today, such as the legitimacy of settlements and the legality of the security barrier. Whether one's concerns regarding the “Question of Palestine” are humanitarian or political, one fact is clear: the legal muddle of land law must be addressed.But addressing the law first requires that we understand what that law is. This paper is not an investigation of the relative legitimacy under domestic or international law of each of the innumerable changes that were made to land law over the course of multiple legal regimes. Rather, it attempts to develop a purely descriptive answer to the seemingly straightforward question: what is the state of land law? To do this, I reconstruct the law of land as much as possible, from the still-operative, sedimentary layers of Ottoman, British, Jordanian, Israeli, Palestinian and international law. In compiling this information, I hope to contribute to the efforts to fully understand where we are, so we can honestly assess where we may go from here.


1887 ◽  
Vol 26 (4) ◽  
pp. 302-315
Author(s):  
Cornelius Walford

The state of the law in respect to Joint-Stock Companies, and associations for business purposes generally, remained in the same unsatisfactory condition which I have described in the previous section down to this time. Those great Insurance Associations, with millions of capital subscribed, in many cases, by the merchant princes of the land, for purposes admittedly the most beneficent, were simple partnerships, almost without legal recognition, except for purposes tending to their detriment or destruction. They could be attacked or pulled down by legal process readily enough; but they could only protect themselves against fraud, or recover their just debts by the most cumbersome of processes. What they had a right to expect, as institutions designed to aid largely in the accumulation of national wealth, was protection in carrying out their laudable designs; but of this they had not a vestige. Not only was every holder of stock in a proprietary company primarily and personally liable to his last shilling for the engagements of the partnership, but every policy-holder in a mutual society, being a member of, and therefore a partner in such society, was equally liable for all its engagements.


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