scholarly journals About the Pros and Cons of Democratic State – Legal Regimes

2021 ◽  
Vol 1 (4) ◽  
pp. 157-172
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Scientific Article ◽  
Legal Regime ◽  
Liberal Democratic ◽  
Democratic State ◽  
Legal Regimes ◽  
Pros And Cons

This scientific article is devoted to the characteristics of the liberal-democratic and proper democratic state-legal regimes, which have both positive and negative properties. Speaking about a proper democratic state-legal regime, it is argued that this is an ideal that any society and state strives to achieve.

scholarly journals Democratic state-legal regime: Twenty-First Century threats

2021 ◽  
Vol 10 (44) ◽  
pp. 288-294
Author(s):  
Nazar Rudyi ◽  
Volodymyr Makarchuk ◽  
Lubov Zamorska ◽  
Ivanna Zdrenyk ◽  
Iryna Prodan
Keyword(s):  
Russian Federation ◽  
First Century ◽  
Legal Regime ◽  
Liberal Democracies ◽  
Liberal Democratic ◽  
Democratic State ◽  
Democratic Regimes ◽  
China Model ◽  
The Russian Federation ◽  
Twenty First Century

The article deals with the democratic state-legal regime in the light of the twenty-first century threats. It is noted that the presence of formal features of a democratic regime does not always ensure the functioning of such mechanisms and institutions of democracy as the division of power, freedom of speech and assembly, fair elections and others. The main internal and external destructive elements influencing both settled and developing liberal-democratic regimes are determined. Emphasis is placed on the destructive activities of the Russian Federation in destroying and discrediting the basic institutions of liberal democracies and popularizing the China model of an undemocratic state-legal regime. The influence of scientific and technological progress, political, social, economic, environmental and military factors on the transformation of liberal-democratic regimes and the world global order is revealed. The danger (for the whole liberal-democratic world in general and Ukraine in particular) of the use of such a phenomenon as "hybrid war" by the Russian Federation in the context of the spread of the fascist concept of "Russian world" is pointed out. It is proved that there is the need to preserve a liberal-democratic state-legal regime, as the most successful of all regimes offered to humanity, for future generations.

Environmentalists, Nuclear Waste, and the Politics of Passive Exclusion in Germany

2001 ◽  
Vol 19 (4) ◽  
pp. 43-63 ◽  
Author(s):  
Christian Hunold
Keyword(s):  
Public Policy ◽  
Public Sphere ◽  
Nuclear Waste ◽  
Environmental Movement ◽  
The State ◽  
Radioactive Wastes ◽  
Liberal Democratic ◽  
Democratic State ◽  
Ecological Democracy ◽  
Over Time

In this essay I examine the dispute between the German GreenParty and some of the country’s environmental nongovernmentalorganizations (NGOs) over the March 2001 renewal of rail shipmentsof highly radioactive wastes to Gorleben. My purpose indoing so is to test John Dryzek’s 1996 claim that environmentalistsought to beware of what they wish for concerning inclusion in theliberal democratic state. Inclusion on the wrong terms, arguesDryzek, may prove detrimental to the goals of greening and democratizingpublic policy because such inclusion may compromise thesurvival of a green public sphere that is vital to both. Prospects forecological democracy, understood in terms of strong ecologicalmodernization here, depend on historically conditioned relationshipsbetween the state and the environmental movement that fosterthe emergence and persistence over time of such a public sphere.

The Model Penal Code and the War on Crime

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Penal Code ◽  
Modern State ◽  
Model Penal Code ◽  
State Punishment ◽  
Liberal Democratic ◽  
Democratic State ◽  
Penal State ◽  
War On Crime ◽  
Integrate State ◽  
State 1

Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) and of modern state power in general (England); and (2) the failure to address the legitimatory challenge of modern state penal power as an ongoing existential threat to the legitimacy of the state (Germany). Chapter 7 brings the narrative of modern American penality up-to-date, following on the heels of the discussion of Jefferson’s Virginia criminal law bill of 1779 in Chapter 6. Chapter 7 focuses on the Model Penal Code of 1962, which was far superior to Jefferson’s draft in every respect but one: it, too, failed to integrate state punishment into the American legal-political project, leaving the penal paradox unaddressed and unresolved to this day.

Thomas Jefferson’s Virginia Criminal Law Bill

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
Criminal Code ◽  
The State ◽  
Modern State ◽  
Historical Account ◽  
Liberal Democratic ◽  
Democratic State ◽  
Penal State ◽  
State 1

Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) and of modern state power in general (England); and (2) the failure to address the legitimatory challenge of modern state penal power as an ongoing existential threat to the legitimacy of the state (Germany). Chapter 6 undertakes a critical analysis of Jefferson’s 1779 draft of a criminal law bill for the State of Virginia, concluding that it fell well short of a criminal code that reflected the ideals of the American legal-political project as spelled out, for instance, in Jefferson’s Declaration of Independence of 1776.

Penal Law and Penal Police in the Dual Penal State

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
The Other ◽  
Liberal Democratic ◽  
Democratic State ◽  
Alternative Approach ◽  
Penal State ◽  
Penal Law ◽  
Patriarchal Power ◽  
Modes Of Governance

The first part of Dual Penal State investigated various ways in which criminal law doctrine and scholarship (or “science”) have failed to address the challenge of legitimating penal power in a modern liberal democratic state. This, second, part explores an alternative approach to criminal law discourse that puts the legitimacy challenge of modern penal law front and center: critical analysis of criminal law in a dual penal state. Dual penal state analysis differentiates between penal law and penal police, two conceptions of penal power, and state power more generally, rooted in autonomy, equality, and interpersonal respect, on one hand, and in heteronomy, hierarchy, and patriarchal power, on the other. Chapter 4 applies the distinction between law and police as fundamental modes of governance set out in Chapter 3 to the penal realm and explores the tension between penal law and penal police as constituting the dual penal state.

The Crisis of Minorities in Ethnic States: The Case of Palestinian Citizens in Israel

1998 ◽  
Vol 30 (3) ◽  
pp. 321-346 ◽  
Author(s):  
Naditn Rouhana ◽  
Asʿad Ghanem
Keyword(s):  
Equal Opportunity ◽  
International System ◽  
The State ◽  
The Political ◽  
Political Structure ◽  
Ongoing Debate ◽  
Group Rights ◽  
Liberal Democratic ◽  
Ethnic Affiliation ◽  
Democratic State

The vast majority of states in the international system, democratic and non-democratic, are multi-ethnic (Gurr 1993). A liberal-democratic multi-ethnic state serves the collective needs of all its citizens regardless of their ethnic affiliation, and citizenship—legally recognized membership in the political structure called a state—is the single criterion for belonging to the state and for granting equal opportunity to all members of the system. Whether a multi-ethnic democratic state should provide group rights above and beyond individual legal equality is an ongoing debate (Gurr & Harff 1994).

Group-Differentiated Rights and the Liberal Democratic State: Rethinking the Headscarf Controversy in Turkey

2001 ◽  
Vol 25 ◽  
pp. 31-46 ◽  
Author(s):  
Yeşim Arat
Keyword(s):  
Minority Groups ◽  
Liberal Democracies ◽  
The Past ◽  
Princeton University ◽  
Liberal Democratic ◽  
Democratic State ◽  
Clifford Geertz ◽  
Ethnocultural Groups ◽  
Special Rights ◽  
The Relationship

The development of liberalism with both the courage and the capacity to engage itself with a different world, one in which its principles are neither well understood nor widely held, in which indeed it is, in most places, a minority creed, alien and suspect, is not only possible, it is necessary.-Clifford Geertz. 2000.Available Light.Princeton, N.J.: Princeton University Press, p. 258.Over the past two decades, the debate over multiculturalism challenged the justice of neutral, “difference blind” rules in liberal democracies. Allegedly neutral institutions were shown to be implicitly biased toward the priorities, experiences, or interests of the dominant groups in the society. Criticism of difference-blind rules and claims for justice to minority groups defined the relationship between government and opposition in many contexts. Arguments for special rights to protect minorities, women, or ethnocultural groups gained legitimacy (Young 1990, Jones 1990, Phillips 1991, Taylor 1994, Kymlicka 1995, Kymlicka and Norman 2000).

The Liberal Conscience: Politics and Principle in a World of Religious Pluralism

2007 ◽  
Vol 40 (1) ◽  
pp. 260-261
Author(s):  
James G. Mellon
Keyword(s):  
New York ◽  
Religious Pluralism ◽  
Political Authority ◽  
Columbia University ◽  
Liberal Democratic ◽  
Democratic State ◽  
Conception Of The Good

The Liberal Conscience: Politics and Principle in a World of Religious Pluralism, Lucas Swaine, New York: Columbia University Press, 2006, pp. xxii, 215.The Liberal Conscience by Lucas Swaine represents a response from a liberal to those who affirm a theocratic conception of the good. Swaine distinguishes between logic and rhetoric, between that which should persuade and that which is likely to persuade. He suggests that a justification of liberal principles founded on conscience should persuade honest theocrats and Swaine makes the case that this should matter to both liberals and theocrats. The liberal, who founds a justification of liberal principles in conscience and accommodates those whose conscience forces them to seek exemption from certain conventional norms, in Swaine's view, is acting in a manner consistent with the authentic spirit of liberal principles. A liberal democratic state reflecting such a spirit, Swaine argues, is in a stronger position logically to expect theocrats to view it as a legitimate political authority. Otherwise, it is presumptuous, he suggests, for a liberal democratic state to expect the allegiance of theocrats.

scholarly journals Anti-terrorism Legal Regime of Pakistan and the Global Paradigm of Security: A Genealogical and Comparative Analysis

2016 ◽  
Vol 2 (1) ◽  
pp. 4-35
Author(s):  
Syed Sami Raza
Keyword(s):  
Comparative Analysis ◽  
19Th Century ◽  
Legal Regime ◽  
Legal Form ◽  
Early 19Th Century ◽  
Post Colonial ◽  
Legal Regimes ◽  
Indefinite Detention ◽  
Anglo American

Pakistan is often criticized for its anti-terrorism legal regime—which institutionalizes preventive indefinite detention, special courts, and speedy trials. Pakistani officials, on their part, rebut this criticism by pointing to the Anglo-American anti-terrorism legal regimes, and generally to “the global paradigm of security.” Interestingly, should we trace the genealogy of the anti-terrorism legal regime of Pakistan, we find rich historical-juridical linkages between the Pakistani and Anglo-American regimes. These linkages converge on, or at least begin from, the British law of high treason. This law was adopted in certain colonial regulations in the early 19th century. In this article I demonstrate how the legal form and substance of the high treason law and of certain other colonial regulations traveled through colonial and post-colonial security laws, such that they have recently come to converge with the global paradigm of security.

Approaches to understanding the category "special legal regimes"

2021 ◽  
Vol 28 (1) ◽  
pp. 71-78
Author(s):  
Oleksandr M. Bukhanevych ◽  
Anastasiia M. Mernyk ◽  
Oleh O. Petryshyn
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Legal Regulation ◽  
Special Focus ◽  
Negative Consequences ◽  
Legal Regime ◽  
Martial Law ◽  
State Of Emergency ◽  
Legal Personality ◽  
Legal Regimes

The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance

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