scholarly journals Koniec tajnej polityki?

2017 ◽  
Vol 20 ◽  
pp. 65-82
Author(s):  
Agnieszka Nogal

The modern definition of the state refers to the notion of sovereignty and to the related notion of the national interest, which is accompanied by secret politics. Niccolò Machiavelli was the first thinker to advocate for the primacy of the national interest. He drew inspiration from the classic concept of arcana imperii (secrets of state) and his writings can be used to explain why the concept of the national interest has taken on a modern form and is inextricably linked to the mysterious dimension of politics. Machiavelli pointed out that power is accompanied by enforcement power and indescribable hypocrisy, and actions taken at the state level (lo stato) are unique and require protection. However, we now witness the disappearance of the mysterious dimension of politics. Information leaks, tape recordings, eavesdropping and candid photos cause public debates and lead to numerous political changes. In this situation, the concept of the national interest must be discussed again. The public justification for the national interest and concrete political solutions and goals implemented by the state could reduce citizens’ suspicion, which is fed on further leaks.

2020 ◽  
pp. 1-37
Author(s):  
MANISHA SETHI

Abstract A bitter debate broke out in the Digambar Jain community in the middle of the twentieth century following the passage of the Bombay Harijan Temple Entry Act in 1947, which continued until well after the promulgation of the Untouchability (Offences) Act 1955. These laws included Jains in the definition of ‘Hindu’, and thus threw open the doors of Jain temples to formerly Untouchable castes. In the eyes of its Jain opponents, this was a frontal and terrible assault on the integrity and sanctity of the Jain dharma. Those who called themselves reformists, on the other hand, insisted on the closeness between Jainism and Hinduism. Temple entry laws and the public debates over caste became occasions for the Jains not only to examine their distance—or closeness—to Hinduism, but also the relationship between their community and the state, which came to be imagined as predominantly Hindu. This article, by focusing on the Jains and this forgotten episode, hopes to illuminate the civilizational categories underlying state practices and the fraught relationship between nationalism and minorities.


2021 ◽  
Vol 12 ◽  
pp. 215013272199545
Author(s):  
Areej Khokhar ◽  
Aaron Spaulding ◽  
Zuhair Niazi ◽  
Sikander Ailawadhi ◽  
Rami Manochakian ◽  
...  

Importance: Social media is widely used by various segments of society. Its role as a tool of communication by the Public Health Departments in the U.S. remains unknown. Objective: To determine the impact of the COVID-19 pandemic on social media following of the Public Health Departments of the 50 States of the U.S. Design, Setting, and Participants: Data were collected by visiting the Public Health Department web page for each social media platform. State-level demographics were collected from the U.S. Census Bureau. The Center for Disease Control and Prevention was utilized to collect information regarding the Governance of each State’s Public Health Department. Health rankings were collected from “America’s Health Rankings” 2019 Annual report from the United Health Foundation. The U.S. News and World Report Education Rankings were utilized to provide information regarding the public education of each State. Exposure: Data were pulled on 3 separate dates: first on March 5th (baseline and pre-national emergency declaration (NED) for COVID-19), March 18th (week following NED), and March 25th (2 weeks after NED). In addition, a variable identifying the total change across platforms was also created. All data were collected at the State level. Main Outcome: Overall, the social media following of the state Public Health Departments was very low. There was a significant increase in the public interest in following the Public Health Departments during the early phase of the COVID-19 pandemic. Results: With the declaration of National Emergency, there was a 150% increase in overall public following of the State Public Health Departments in the U.S. The increase was most noted in the Midwest and South regions of the U.S. The overall following in the pandemic “hotspots,” such as New York, California, and Florida, was significantly lower. Interesting correlations were noted between various demographic variables, health, and education ranking of the States and the social media following of their Health Departments. Conclusion and Relevance: Social media following of Public Health Departments across all States of the U.S. was very low. Though, the social media following significantly increased during the early course of the COVID-19 pandemic, but it still remains low. Significant opportunity exists for Public Health Departments to improve social media use to engage the public better.


Author(s):  
Vladislav Andreyevich Shcherbakov ◽  
◽  
Svetlana Aleksandrovna Chevereva ◽  

The definition of the term Big Date is given. Particular attention is paid to how, in practice, Big Data technology is being introduced into people's lives at the state level and how it can be used for total control using the example of the People’s Republic of China.


2017 ◽  
Vol 3 (1) ◽  
pp. 65-87
Author(s):  
Mercy Obado Ochieng

Terrorism is indisputably a serious security threat to states and individuals. Yet, by the end of 2016, there was still lack of consensus on the legal definition of terrorism at the United Nations (UN) level. The key organs of the UN, the Security Council (UNSC) and the General Assembly (UNGA), are yet to agree on a legal definition of terrorism. This disconnect is attributed partly to the heterogeneous nature of terrorist activities and ideological differences among member states. At the UN level, acts of terrorism are mainly tackled from the angle of threats to international peace and security. In contrast, at the state level, acts of terrorism are largely defined as crimes and hence dealt with from the criminal justice paradigm. This article argues that the lack of a concrete legal definition of terrorism at the UN level undermines the holistic use of the criminal justice paradigm to counter-terrorism at the state level. To effectively counter-terrorism the UNSC and the UNGA have to agree on a legal definition of terrorism in their resolutions. This will streamline efforts to combat terrorism at the state level and consolidate counter-terrorism measures at the international level. The draft comprehensive Convention on Measures to Eliminate Terrorism (the Draft Convention) should be tailored to fill gaps and provide for a progressive legal definition of acts of terrorism.


Author(s):  
Avia Pasternak

International and domestic laws commonly hold states responsible for their wrongdoings. States pay compensation for their unjust wars, and reparations for their historical wrongdoings. Some argue that states should incur punitive damages for their international crimes. But there is a troubling aspect to these practices. States are corporate agents, composed of flesh and blood citizens. When the state uses the public purse to finance its corporate liabilities, the burden falls on these citizens, even if they protested against the state’s policies, did not know about them, or entirely lacked channels of political influence. How can this “distributive effect” of state-level responsibly be justified? The book develops an answer to this question, which revolves around citizens’ participation in their state. It argues that citizenship can be a type of massive collective action, where citizens willingly orient themselves around the authority of their state, and where state policies are the product of this collective action. While most ordinary citizens are not to blame for their participation in their state, they nevertheless ought to accept a share of the remedial obligations that flow from their state’s wrongful policies. However, the distributive effect cannot be justified in all states. Specifically, in (some) nondemocratic states most citizens are not participating in their state in the full sense, and should not pay for their state’s wrongdoings. This finding calls then for a revision of the way we hold states responsible in both the domestic and international levels.


2021 ◽  
pp. 44-46
Author(s):  
Xiaowei Sun

This chapter focuses on administrative procedure and judicial review in China. Despite its willingness to adapt to the rules of the global market, China does not accept the direct applicability of international standards in administrative litigation. Judicial review of administration is based on a set of legislative texts and judicial interpretations by the Supreme People's Court. Among these texts, the Administrative Litigation Law regulates the judicial review of administrative acts. There are two lists in its chapter concerning the scope of judicial review: one includes the administrative acts that are open to judicial review, another the acts that are not reviewable. In any case, it is up to the courts to examine the following two combinations of criteria: the degree of the seriousness of the infringement with the definition of the state interest and that of the public interest; and the degree of procedural breach with the definition of the real impact on the rights of the plaintiff. According to Article 76 of the ALL, in the case of annulment and/or declaration of unlawfulness of an administrative act, a court may order the administration to take measures to compensate the damage inflicted on the plaintiff.


2020 ◽  
Vol 97 ◽  
pp. 190-196
Author(s):  
Silvia Hunold Lara ◽  
Nauber Gavski da Silva

There are multiple public agencies in Brazil that operate for the purpose of inspection, investigation, and the levying of penalties for the crime of exploitation of labor in conditions analogous to slavery: These include the civil police, Federal Police, the Ministry of Labor, the Regional Labor Tribunals, the Public Ministry of Labor, the Federal Public Ministry, and the state-level public ministries, with branches that encompass the entire nation and others that focus on specific regions. The activities of each one of these entities is recorded in different types of documents that are processed at various levels and can cover considerable amounts of time, depending on the deadlines and procedures involved. While the volume of this documentation is quite substantial, these records are not especially well known or widely used.


2020 ◽  
Vol 3 (XX) ◽  
pp. 223-233
Author(s):  
Przemysław Niemczuk

The article aims to explore the concept of territorial autonomy. The research assumption is that public interest is one of the fundamental determinants of territorial autonomy. Territorial autonomy has not been defined by law. It is a general and relative term, and thus difficult to define (if such an enterprise is possible at all). However, one thing is certain - the idea behind this term determines the law regulating the organizational and territorial form of the state, i.e. the distribution of power between the centre and the territory. Further attempts to specify territorial autonomy are met with serious difficulties. Therefore, it is crucial to look at it through the prism of public interest. The term public interest has a relative meaning, because it depends on the constantly changing social conditions. This variability is, among others, a result of the territorial context. The national interest and the territorial interest will be defined in different ways. It seems, therefore, that in order to explicate the notion territorial autonomy, one should refer to the concept of public interest and then take into account the relationship between the interest of a territory and the interest of the whole state. This will make it possible to outline territorial autonomy through the prism of its determinant – the public interest.


2008 ◽  
Vol 56 (3) ◽  
pp. 519-543 ◽  
Author(s):  
Neil Walker

In recent years, the idea that constitutional modes of government are exclusive to states has become the subject both of sustained challenge and of strong defence. This is due to the development at new regional and global sites of decision-making capacities of a scale and intensity often associated with the demand for constitutional governance at state level, to the supply at these same new sites of certain regulatory institutions and practices of a type capable of being viewed as meeting the demand for constitutional governance, as well as to a growing debate over whether and in what ways these developments in decision-making capacity and regulatory control should be coded and can be constructively engaged with in explicitly constitutional terms. The aim of the article is threefold. It asks why taking the idea and associated ethos and methods of constitutionalism ‘beyond the state’ might be viewed as a significant and controversial innovation, and so in need of explanation and justification – a question that requires us to engage with the definition of constitutionalism and with the contestation surrounding that definition. Secondly, taking account of the various arguments that lie behind these definitional concerns, it attempts to develop a scheme for understanding certain key features of constitutionalism and of its post-state development that is able to command broad agreement. Thirdly, and joining the concerns of the first two sections, it seeks to identify the key current tensions – or antinomies – surrounding the growth of post-state constitutionalism with a view to indicating what is at stake in the future career of that concept.


2021 ◽  
Vol 8 (3) ◽  
Author(s):  
Ambros Leonangung Edu ◽  
Richard A Nelwan

This paper background describes about democratic values such as equality, honesty, openness, freedom due to the intervention of digital technology. The basic assumption of this paper is that democracy which is known to the public is accepted and has strong roots in the family lives. Family is the first place a person gets to know democracy. Home is a space for the seeds of democracy to grow. Democracy in the family matures the democratic process in society and the state. A democraticperson in  family is a democratic cittizen in state life. The purpose of this paper is to explore democratic values in the family as a place for the development of democracy at the state level, and how the shift in democracy at the family level occurs due to the presence of digital technology which distorts communication, relationships, and the value of equality. The description in this paper comes to the conclusion that there is a good side to democracy in a family that grows above physical and emotional relationships, direct and face-to-face relationships. The facts that occur in today's families, the breakdown, estrangement, and disharmony in today's families, one of which is triggered by the lack of direct communication due to excessive entry of digital technology.


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