The Borders of Corruption

2016 ◽  
pp. 1-15 ◽  
Author(s):  
Rebecca R. Fiske
Keyword(s):  
Legal Order ◽  
State Of Exception ◽  
Executive Power ◽  
The Political ◽  
Constitutional Rights ◽  
Political Consequences ◽  
Form Of Government ◽  
Politics And Law ◽  
The Relationship ◽  
The U.S

The U.S. has been in a state of exception now for many years, and there appears to be no end in sight. There exists an entire generation who has know life under only this form of government, one that, as Giorgio Agamben explains, takes “a position at the limit between politics and law…an ambiguous, uncertain, borderline fringe, at the intersection of the legal and the political.” In the name of security, the characteristic limiting of constitutional rights, the sanctioning of torture, and the proliferating of NSA surveillance are fast becoming the norm. Recently, much has been written concerning the bio-political consequences of an endless state of exception in which the executive power trumps the judiciary, and a new legal order emerges. This chapter will consider the relationship between corruption and the permanent state of exception.

The Borders of Corruption

2019 ◽  
pp. 2072-2086
Author(s):  
Rebecca R. Fiske
Keyword(s):  
Legal Order ◽  
State Of Exception ◽  
Executive Power ◽  
The Political ◽  
Constitutional Rights ◽  
Political Consequences ◽  
Form Of Government ◽  
Politics And Law ◽  
The Relationship ◽  
The U.S

The U.S. has been in a state of exception now for many years, and there appears to be no end in sight. There exists an entire generation who has know life under only this form of government, one that, as Giorgio Agamben explains, takes “a position at the limit between politics and law…an ambiguous, uncertain, borderline fringe, at the intersection of the legal and the political.” In the name of security, the characteristic limiting of constitutional rights, the sanctioning of torture, and the proliferating of NSA surveillance are fast becoming the norm. Recently, much has been written concerning the bio-political consequences of an endless state of exception in which the executive power trumps the judiciary, and a new legal order emerges. This chapter will consider the relationship between corruption and the permanent state of exception.

Could Populism Be Good for Constitutional Democracy?

2019 ◽  
Vol 15 (1) ◽  
pp. 41-58 ◽  
Author(s):  
Bojan Bugaric
Keyword(s):  
Political Economy ◽  
The Political ◽  
Right Wing ◽  
Constitutional Democracy ◽  
Progressive Politics ◽  
Political Consequences ◽  
Authoritarian Populism ◽  
Single Form ◽  
The Relationship ◽  
Political Scene

Populism is Janus-faced. There is not a single form of populism but rather a variety of different forms, each with profoundly different political consequences. Despite the current hegemony of authoritarian populism, a much different sort of populism is also possible: democratic and antiestablishment populism, which combines elements of liberal and democratic convictions. When we examine the relationship between populism and constitutional democracy, populism should not be considered in isolation from its host ideology. Examples of democratic, liberal, socially inclusive forms of populism quite clearly show that authoritarianism and anti-pluralism are not necessarily the key elements of populism. However, the paucity of democratic populism also suggests that we have to look at factors other than ideology to understand why nativist and authoritarian populism currently dominates the political scene. Without understanding the political economy of the populist revolt, it is difficult to understand the true roots of populism and, consequently, to devise an appropriate democratic alternative to authoritarian populism. The ascendancy of right-wing nationalist populism today is a symptom of the failure of progressive politics.

The Relationship between Politics and Law. The function of jus symbioticum in Politica methodice digesta of Johannes Althusius

2020 ◽  
Vol 6 (3) ◽  
pp. 295-306
Author(s):  
Ilaria Pizza
Keyword(s):  
The Political ◽  
The Law ◽  
Politics And Law ◽  
The Relationship

This work aims to clarify how the relationship between politics and law is conceived in Johannes Althusius’ greatest work, Politica methodice digesta. The intention is thus to explain what function the law, specifically defined jus symbioticum - from the attribute συμβιωτική proper to the ars politica -takes on in the various kinds of association that Althusius identified, the political nature of which he emphatically reaffirmed.

The Indian Version of First among Equals – Executive Power during the First Decade of Independence

2009 ◽  
Vol 44 (4) ◽  
pp. 709-751 ◽  
Author(s):  
H. KUMARASINGHAM
Keyword(s):  
Prime Minister ◽  
Executive Power ◽  
The Political ◽  
Major Event ◽  
Deputy Prime Minister ◽  
The World ◽  
New Institutions ◽  
The Relationship

AbstractWhen India gained independence in August 1947 the world watched with excitement as well as trepidation as to what would happen following this unique and major event. The political destiny of the world's largest democracy would lie in the hands of an infinitesimal portion of the population – the political executive. India's new institutions had new operators to act in new conditions. There were few precedents. Within this Westminster system, refounded in India with its emphasis on executive flexibility and ambiguity, the leading political figures often had conflicting opinions and interpretations as to their powers. The relationship between Nehru as Prime Minister and other leading political figures, such as Patel as deputy Prime Minister, Prasad as President, and their definitions of their roles, would forge a new India. This paper revisits those debates and ideas in the first decade following independence, which allow greater understanding of the workings and conventions of today's Indian executive.

scholarly journals The relationship between the President of the Republic of Kosovo and the Assembly in general and in particular in the time period 2011-2016

2022 ◽  
Vol 27 ◽  
pp. 391-400
Author(s):  
Driola Susuri
Keyword(s):  
European Commission ◽  
Theoretical Aspect ◽  
Fundamental Principle ◽  
Practical Aspect ◽  
The Political ◽  
Independent State ◽  
Time Period ◽  
Form Of Government ◽  
The Republic ◽  
The Relationship

The Constitution of the Republic of Kosovo in its basic provisions has defined the form of government and separation of state powers, as a fundamental principle of democracy, where the President of the Republic of Kosovo is not part of any of the state powers, but the constitutional powers he exercises affect that he has connections with all state powers. This paper addresses the relation of the President of the Republic of Kosovo with the legislative power, including the exercise of some of his constitutional powers, namely the convening of the constitutive session of the Assembly, the dissolution of the Assembly and the annual speech of the President in the Assembly of the Republic of Kosovo. The above-mentioned competencies, in addition to the theoretical aspect, are also analyzed in the practical aspect when these constitutional competencies of the President were materialized by President Jahjaga during the mandate 2011-2016. Also, the political stalemate and the actions taken by the President, Mrs. Atifete Jahjaga for his overcoming, criticisms and recommendations of the European Commission in the Progress Reports regarding the political stalemate in the country. since the declaration of Kosovo as an independent state in 2008, it has managed to complete a full constitutional mandate, five years, unlike its predecessors and successors until 2019. Therefore, this paper aims to elaborate the exercise of some constitutional powers and the practice of one of the most important constitutional institutions in the Republic of Kosovo, that of the President of the Republic of Kosovo.

Francisco de Vitoria

2017 ◽  
Author(s):  
Kirstin Bunge
Keyword(s):  
General Framework ◽  
Legal Order ◽  
Legal Philosophy ◽  
The Political ◽  
Political Practice ◽  
Traditional Conception ◽  
Different Types ◽  
Political Communities ◽  
Politics And Law ◽  
Francisco De Vitoria

This chapter argues that on the threshold of modernity, Vitoria’s jus gentium created a general framework for a legal order between people and nations. It shows how under the changing conditions of economy, theories of political domination, and relation between religious and secular spheres, the foundations of politics and law were re-assessed. At this juncture, one of the most important findings of Vitoria’s political and legal philosophy was that the sphere of political practice became more autonomous although still thought of as part of a God-given order. As the political power of the pope and the emperor was fading, new stakeholders gradually appeared. The traditional conception of totus orbis clarifies—one hundred years before the Peace of Westphalia—the scope in which different types of stakeholders such as individuals and social or political communities can act freely and (at least theoretically) interact on equal terms.

A Subjective Jurisprudence

2020 ◽  
pp. 55-92
Author(s):  
Edward A. Jr. Purcell
Keyword(s):  
Twentieth Century ◽  
Separation Of Powers ◽  
Judicial Power ◽  
Executive Power ◽  
The Political ◽  
Institutional Goals ◽  
Policy Goals ◽  
Power Limit ◽  
Political Right ◽  
The U.S

This chapter examines Justice Antonin Scalia’s jurisprudence dealing with the U.S. Constitution’s two structural axes, separation of powers and federalism. It argues that both constitutional principles are general, largely indeterminate, and easily manipulable and that Scalia construed them in light of his own subjective goals and values. He was determined to use them instrumentally to expand executive power, limit Congress, and severely restrict federal judicial power. The chapter argues that Scalia regarded separation of powers as more critical and important than federalism because it was better suited to serve his political and institutional goals and that, in joining the Rehnquist Court’s “federalism revolution” in the early twentieth century, he contradicted the position he had taken in his Senate confirmation hearing about the propriety of the Court giving special deference to Congress on federalism issues. Finally, the chapter shows that before he went on the Court, Scalia had made it clear that he viewed both separation of powers and federalism as principles that could and should be interpreted to serve the practical policy goals of the political right.

scholarly journals The Spanish Plurinational Labyrinth. Practical Reasons for Criticising the Nationalist Bias of Others While Ignoring One’s Own Nationalist Position

Genealogy ◽  
2019 ◽  
Vol 4 (1) ◽  
pp. 7
Author(s):  
Carmelo Moreno
Keyword(s):  
National Identity ◽  
The Political ◽  
Practical Reasons ◽  
Political Actors ◽  
Political Consequences ◽  
Political Discourses ◽  
National Question ◽  
Political Cost ◽  
Suitable Concept ◽  
The Relationship

To analyse the Spanish national question requires considering the relationship between the idea of the nation and the phenomenon of nationalism on one side, and the question of political plurality on the other. The approval of the Constitutional text 40 years ago was achieved thanks to a delicate semantic balancing act concerning the concept of nation, whose interpretation remains open. Academic studies of public opinion, such as the famous Linz-Moreno Question—also known as Moreno Question—that measures the possible mixture of Spanish subjective national identity, are equally the object of wide controversy. The extent to which political plurinationality is a suitable concept for defining the country is not clear because, amongst other reasons, the political consequences that might derive from adopting the concept are unknown. This article sets out the thesis that Spain is a plurinational labyrinth since there is neither consensus nor are there discursive strategies that might help in forming an image of the country in national terms. The paradox of this labyrinth is that, since the approval of the Constitution in 1978, the political actors have accepted that nationality in Spain is insoluble without taking the plurinational idea into account. But, at the same time, it is not easy to assume such plurinationality in practical terms because the political cost to those actors that openly defend national plurality is very high. For this reason, political discourses in Spain on the national question offer a highly ambiguous scenario, where the actors seek windows of opportunity and are reluctant to take risks in order to solve this puzzle situation. The aim of this paper is to analyse which indicators are most efficient for testing how the different actors position themselves facing the phenomenon of the Spanish plurinational labyrinth. The clearest examples are what we refer to here as the concepts of (i) intersubjective national identity and (ii) plurinational governments.

USAID's Democratic Pluralism Initiative: Pragmatism or Altruism?

1991 ◽  
Vol 5 ◽  
pp. 215-231 ◽  
Author(s):  
Jerrold D. Green
Keyword(s):  
United States ◽  
Foreign Aid ◽  
The United States ◽  
Political Organization ◽  
Form Of Government ◽  
Critical Issues ◽  
Cultural Goals ◽  
Definition Of ◽  
The Relationship ◽  
The U.S

This program is evaluated in order to analyze the ethical and practical issues likely to influence its success. Among those critical issues discussed are the U.S.'s definition of “democracy,” the relationship between culture and democracy, and the ability, or desirability, of the United States to export its own form of government as historical and cultural goals. Substantial attention is given to the ethical dimension of whether the United States is, or should be, concerned with democracy as a generic form of political organization or be more committed to the expansion of American influence irrespective of a country's political or ideological character. Noting that foreign aid is pragmatic rather than altruistic in origin, the essay questions the likely effectiveness of the Democratic Pluralism Initiative.

Fénelon and the political summum malum of self-love

2021 ◽  
pp. 147488512110020
Author(s):  
Gianna Englert
Keyword(s):  
Political Philosophy ◽  
Church And State ◽  
Executive Power ◽  
The Political ◽  
The People ◽  
The Relationship

In The Political Philosophy of Fénelon, Ryan Hanley argues that Fénelon was a realist who aimed to elevate and educate self-love—rather than resist it—in order to avoid tyranny. This roundtable article examines two of Fenelon’s arguments for how self-love, well-directed, could circumvent a king’s absolutist and tyrannical inclinations: 1) the king’s need to be loved and to love in turn, and 2) the relationship between faith and politics / church and state. Contrasting Fénelon with Machiavelli, I question whether the ruler’s “need-love” for his people leaves him susceptible to forms of domination or at least, as Machiavelli warned, renders them politically weak. Given Hanley’s interest to recover Fénelon for the present day, I conclude by arguing that the thinker’s insights about the limiting role of well-directed self-love are inescapably tied to his critiques of absolutism. The same need-love of the people, I argue, cannot similarly check executive power under democracy. Nonetheless, Fénelon’s perspective remains valuable, as does Hanley’s project of recovery, since democracies continue to reckon with particular problems raised by self-love.

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