scholarly journals Legal Symbolism and Constitutional Policy in Contemporary Reality of Changes

2021 ◽  
pp. 152-185
Author(s):  
Anahit Manasyan ◽  
Taron Simonyan
Keyword(s):  
Social Relations ◽  
Focal Point ◽  
Human Life ◽  
The State ◽  
Basic Law ◽  
The People ◽  
Legal Perspective ◽  
Contemporary Reality ◽  
Constitutional System ◽  
The One

The article tries to bring to the light the role of symbolism in the organized human life, in general, and the contemporary societies with the accelerating changes almost in all social structures, in particular. The rational of symbolism in changing socio-political and legal environment creates complexity of the issue, which has been studied in the article, taking into account the methodology of complex system theory. The interconnectivity and interdependency of law, morality and politics create the picture of synergy of different social norms with each other in changing environment. Their positive synergy is able to create a perception of the ‘ethical state’ – the focal point of equilibrium expressed in the attractor of future admired development. In the legal perspective, the symbol of that attractor appears to be the constitution as the society’s and the nation’s symbol of coexistence based on the values of mutual past, necessary present and admired future. It is substantiated that the Constitution is the phenomenon, representing a concrete constitutional idea and constitutional identity, and should be the one to be considered as such in a lot of people’s minds if we intend to have a proper constitutional system and values. Hence, the Constitution is not just a document with a highest legal force, but also a symbol of a concrete constitutional system, and from this viewpoint the Basic Law has a symbolic significance. The authors substantiate that the mentioned significance of the Constitution makes it clear that constitutional policy in any state should be established and implemented in a manner, obviously demonstrating an attitude towards the Constitution, in the frames of which it is considered as a symbol of a concrete constitutional system. The most important circumstance in this context is to never transform the Constitution (directly or indirectly) from a symbol to an instrument in the hands of both the people and the state power and the whole constitutional policy of the state should be based on the discussed essential idea. Moreover, according to the authors the Constitution should not be subject to amendment parallel to every change of political situation of the state or formation of a new political majority merely conditioned by the mentioned changes. The Constitution has a fundamental role from the aspect of regulating social relations, has symbolic significance and can’t be used just as a tool for solving ongoing political problems.

scholarly journals Certificates as family values in the dynamics of democratic reforms in Ukraine

2020 ◽  
Vol 45 (2) ◽  
pp. 8-16
Author(s):  
Antonina Angel
Keyword(s):  
State Government ◽  
Social Relations ◽  
Human Life ◽  
The State ◽  
Public Authorities ◽  
Vital Records ◽  
Civil Status ◽  
Partial Transfer ◽  
The Government ◽  
The One

We study the dynamics of changes in the nature and contents of documental attestation of vital records in regard to the development of institution of the state civil status registration associated with reformation of public authorities. The issue of partial transfer of functions of the state civil status registration authorities to notaries is considered. We proved that it is necessary to further improve the organization of the state civil status registration authorities in conditions of decentralization. The article examines the list of problematic issues and positive outcomes achieved by the Government during the introduction of various forms of certificates, which has scientific, historical and applied significance, it promotes the detailed research of development trends, reasons of creating new forms of documents, change of their outline, it gives a clue to the function of the specific certificate which is certified by a certain vital record. In the process of detailed analysis of the form and contents of the documents which legally certify various vital records, it was found that they perform the important legal and information function. Due to these certificates the official status is granted to the most significant events of human life: birth, marriage, death. Therefore, their potential function offers an opportunity to study the dynamics of social relations and find out the importance of particular details which were indicated in various manners in different periods of development of our state. Having considered the content of certificates in different periods of state formation, we will conclude that notwithstanding constant reformation of the state government institutions in connection with the necessary authority decentralization of the state civil status registration offices, on the one hand current changes bring positive results, but on the other hand they are not free from shortcomings, and it proves the necessity of reviewing the reforms and transition of the government activity from extensive to intensive changes.

KEY ASPECTS OF TRANSFORMATION OF THE STATE AUTHORITIES IN THE WORLD AND TO THE MODERN SOVERUM UKRAINE: A JOINT AND PERSONALITY

2018 ◽  
Vol 1 (11) ◽  
pp. 164-174
Author(s):  
Оlena Fedorіvna Caracasidi
Keyword(s):  
Separation Of Powers ◽  
Human Life ◽  
State Power ◽  
The State ◽  
Public Power ◽  
The People ◽  
Large Numbers ◽  
The World ◽  
Distribution Of Power ◽  
Key Aspects

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.

scholarly journals The Two-State Model and Israeli Constitutionalism

2015 ◽  
Vol 44 (4) ◽  
pp. 7-20
Author(s):  
Mazen Masri
Keyword(s):  
Vantage Point ◽  
The State ◽  
State Model ◽  
Jewish State ◽  
The People ◽  
Potential Impact ◽  
Constitutional System ◽  
Definition Of ◽  
Constitutional Regime ◽  
Two State Model

Partitioning historic Palestine into two states is often presented as the most plausible solution to the Israeli-Palestinian conflict. This article examines the potential impact of such a development on the Palestinian citizens of Israel (PCI), primarily from the vantage point of Israel's constitutional regime. The article explores three fundamental aspects of the Israeli constitutional system—its instability, the “Jewish and democratic” definition of the state, and the exclusion of the PCI from “the people” as the unit that holds sovereignty—and argues that the envisaged two-state solution will only reinforce the definition of Israel as a Jewish state and consequently provide further justification for the infringement on the rights of its Palestinian citizens.

Confucianism on Political Legitimacy

2019 ◽  
pp. 32-51
Author(s):  
Tongdong Bai
Keyword(s):  
Human Life ◽  
Political Legitimacy ◽  
The State ◽  
Basic Fact ◽  
Human Beings ◽  
Basic Goods ◽  
The People ◽  
Xun Zi ◽  
The Masses ◽  
Political Decisions

This chapter discusses political legitimacy within the Confucian context. It attempts reconcile the early Confucians’ embrace of equality with their defense of hierarchy. The chapter also considers how to reconcile their idea that the legitimacy of the state lies in service to the people, with the idea that it is not the people alone who make the final political decisions. It shows that the lack of capacities of making sound political decisions by the masses cannot result from the failure of the state to secure basic goods, education, and other necessary conditions for people to make sound political decisions, and it has to be the result of a basic fact of human life. That is, in spite of all these governmental efforts that are demanded by them, and in spite of their beliefs that human beings are all potentially equal (Mencius and Xun Zi) or close to being equal (Confucius), early Confucians also took it as a fact of life that the majority of the people cannot actually obtain the capacity necessary to make sound political decisions and participate fully in politics.

Hanna Yablonka, Yeladim beseder gamur: biyografiyah dorit shel yelidei haaretz 1948–1955 (Children by the Book, Biography of a Generation: The First Native Israelis Born 1948–1955). Rishon Letziyon: Miskal, 2018. 430 pp.

2021 ◽  
pp. 310-312
Keyword(s):  
Educational System ◽  
Historical Consciousness ◽  
The State ◽  
Historical Experience ◽  
One Dimensional ◽  
The People ◽  
Native Identity ◽  
The One ◽  
State Educational ◽  
The Right

This chapter examines Hanna Yablonka's Children by the Book, Biography of a Generation: The First Native Israelis Born 1948–1955 (2018). This book is unique in that it is neither politically committed to nationalist political slogans that are thrown daily into the arena of Israeli politics in the days of Netanyahu nor connected to the one-dimensional, sweeping condemnation of critics of the Israeli enterprise on the Right and Left. Instead, it suggests to set aside, even if only for a moment, what Yablonka calls “the current Israeli discourse, which furiously shatters everything that has happened in the state since it was established, brutally erasing all the achievements of Little Israel.” Yabonka is guided by Karl Mannheim's concept of a “historical generation”: a group in which there is a shared historical consciousness derived from historical experience. She shows how the state educational system fashioned the image of the new Israeli, endowing children with a local, native identity and imbuing them with the consciousness of belonging both to the people and to the land.

American Democracy Reconsidered: Part I

1973 ◽  
Vol 3 (1) ◽  
pp. 1-28 ◽  
Author(s):  
L. J. Sharpe
Keyword(s):  
United States ◽  
The United States ◽  
National Government ◽  
The State ◽  
City Government ◽  
State Governments ◽  
American Democracy ◽  
The People ◽  
The Government ◽  
The One

In his celebrated study of American democracy written in 1888, Lord Bryce reserved his most condemnatory reflections for city government and in a muchquoted passage asserted: ‘There is no denying that the government of cities is the one conspicuous failure of the United States. The deficiencies of the National government tell but little for evil on the welfare of the people. The faults of the State governments are insignificant compared with the extravagance, corruption and mismanagement which mark the administration of most of the great cities'sangeetha.

One Country, Two Systems

2013 ◽  
Author(s):  
Joseph Cheng
Keyword(s):  
Hong Kong ◽  
Social Systems ◽  
Mainland China ◽  
The State ◽  
Deng Xiaoping ◽  
Systems Model ◽  
The People ◽  
Two Systems ◽  
One Country Two Systems ◽  
The One

Deng Xiaoping (b. 1903–d. 1997) secured power and launched a policy program of economic reforms and an opening to the external world at the end of 1978. He also initiated a peace offensive toward Taiwan, and had to face a new challenge in China’s Hong Kong policy. In January 1979, the Chinese authorities announced a nine-point proposal for solving the Taiwan issue and guaranteed that after reunification, the existing economic and social systems, as well as the way of life, would remain unchanged. Subsequently, the new Constitution of the People’s Republic of China promulgated in December 1982 contains a new provision; Article 31 states, “The state may establish special administrative regions (SAR) when necessary” (available online). In March 1979, Sir Murray MacLehose (b. 1917–d. 2000), then Governor of Hong Kong, visited Beijing. He met Deng Xiaoping and formally raised “the New Territories lease” question. Chinese leaders gradually began to understand that the Hong Kong future issue could no longer be delayed. The view of recovery gained a distinct edge; Liao Chengzhi (b. 1908–d. 1983), head of the newly established Hong Kong and Macau Affairs Office of the State Council, was given the responsibility of planning for the recovery of the territory. In April 1981, he proposed the “one country, two systems” model policy, which demonstrated the Chinese leadership’s liberation in thinking at that time. The leadership was eager to show the world that China could govern Hong Kong better than the British colonial administration; it wanted the Hong Kong model to have a significant demonstration effect on Taiwan. The policy played a key role in maintaining the confidence of Hong Kong people, and facilitated Chinese leaders’ success in the Sino-British negotiations on the territory’s future. In the decade and a half since Hong Kong’s return to China, the “one country, two systems” model has been working quite well. Stability and prosperity have been maintained; the rule of law and the freedoms enjoyed by the people have been largely intact. Hong Kong’s relative international economic competitiveness has been in slow decline, and the economy has become increasingly dependent on that of Mainland China.

scholarly journals DYNAMICS OF CONSTITUTION IN 1945 AMENDMENTS AS A CONSTITUTIONAL IN INDONESIA

2017 ◽  
Vol 1 (2) ◽  
pp. 51
Author(s):  
Asri Agustiwi
Keyword(s):  
The State ◽  
State Constitution ◽  
Basic Law ◽  
Government Power ◽  
Constitutional System ◽  
Unwritten Rule ◽  
And Function ◽  
Rules Set

<p>The constitution is often equated with the Constitution as the basic law is written. However, the Constitution of having understanding wider. The Constitution does not only include a written rule that constitution, but the unwritten rule, the basic rules are raised and maintained in the practice of statecraft or called by convention. The Constitution is the constitutional system in the form of written and unwritten rules set out together to govern a country. Where the nature and function of the constitution is there limitation of government power so that the implementation of power is not arbitrary. Thus, the rights of citizens are expected to be protected. 1945 was passed by the state constitution PPKI as Indonesia on August 18, 1945. In practice, the 1945 Constitution of Indonesia has been transformed into constitutional RIS (December 27th 1945- August 17, 1950), later transformed into a Provisional Constitution of 1950 (August 17th 1950s July 5th, 1959), until it became 1945 again but with amendments in 1999, 2000, 2001 and 2002. An amendment to the 1945 Constitution because their demands strong 1945 changes of society. People feel that the charge 1945 times many are not appropriate.</p>

scholarly journals KONSEPSI NEGARA DALAM ISLAM (SEBUAH DISKURSUS POLITIK HUKUM ISLAM)

2017 ◽  
Vol 2 (1) ◽  
pp. 1-26
Author(s):  
Iskandar Iskandar
Keyword(s):  
Human Rights ◽  
Human Life ◽  
The State ◽  
Narrow Sense ◽  
Islamic Perspective ◽  
The People ◽  
The Government

The Qur'an introduces Islam as ad din, therefore, Islam is not just a "religion" in the narrow sense, but covers all aspects of human life. in ad-din al Islam, humans are required to menggayutkan all its activities, either born or spiritual to the supreme absolute reality, that is God Almighty. Being a Muslim, meaning, expression forever subservient and obedient to Allh SWT, devote yourself to Him.The teachings of Islam, he said, ordered to consider the interests of minorities, recognize their rights, especially all the rights included in the circle of human rights. in the concept of this country as the reference is the Qur'an and Sunnah. Thus requiring an ijtihad to review it.Countries in the Islamic perspective, if explored further in fact no concept of the state in the Qur'an Q.S. Ali Imran (3): 140, Q.S. Al-Hashr (59): 7, Q.S. Al Bagarah (2): 213, Q.S. Shura (42): 38, Q.S. An Nisa (4), while the Government of the Prophet with a combination of the people of the Ansar and muhajrin an early milestone of unity and brotherhood, as well as other people are tribes that are in the Medina area in conducting their activities as social beings with their charter Medina. This union covers all aspects of life.

scholarly journals PERSPEKTIF HUKUM ISLAM TENTANG SENI

2017 ◽  
Vol 2 (1) ◽  
pp. 47-59
Author(s):  
Darmiko Suhendra
Keyword(s):  
Islamic Law ◽  
Focal Point ◽  
Human Life ◽  
Sound Art ◽  
Three Dimensions ◽  
Cultural Phenomenon ◽  
The Arts ◽  
Work Atmosphere ◽  
The One ◽  
The Mind

Art is defined as the expertise to disclose or express ideas and thoughts a esthetics, including the ability and imagination to realize the creation of objects or the work atmosphere capable of inflicting a sense beautiful. Art is diverse and most of it always questionable in terms of Islamic law. In general, the art divided into two: first, sculpture, painting and drawing. And second, sound art. The main problem in sculpture, painting and drawing is if the object of animate beings, because on the one hand there are numbers of hadith that prohibit making images that are either raised or incurred and three dimensions. While on the other hand it has been commonly done in the community, especially in the natural environment that is fertile and rich with a variety of animals created by God as our State that inspired the artists. In addition, the sculpture on the side can be an expression of sheer beauty, it also has benefits for lessons and so on. Furthermore, sound art is a universal cultural phenomenon, practiced by many nations. In the time of the Prophet himself has been known to sing and play music. In terms of general principles of religious teachings that sound art including mu'amalat dunyawiyyah category. Restrictions on the arts (sculpture, painting, drawing, and sound) for their prudence of Muslims. Prudence was intended that they do not fall to the things that are contrary to the values of Islam which is the focal point at that time. Art as an aesthetic manifestation of the spirit of monotheism and not a waste of money but the art necessary for the improvement of human life, promotion of the dignity and the dignity and refining the soul and the mind. If so the purpose of art, then it is possible that the skill and sunnah favor, not against it.

Sign in / Sign up

Export Citation Format

Share Document