scholarly journals Conceptual and functional diversity of the ombudsman institution in Asia (comparative constitutional law analysis)

2017 ◽  
Vol 1 (2) ◽  
pp. 74-83
Author(s):  
Lívia Trellová

This paper deals with conceptual and functional diversity of the Ombudsman Institution in Asia from comparative constitutional point of view. The author analyses ombudsman institution in Asia. Characteristics and definiton of Ombudsman made by European legal doctrine and also by the International Bar Association resolution was used as an starting point to set certain criteria upon which Asian ombudsman institutions are subject to comparative anaysis. Final part throws light on the prospects and problems of models, establishment and functioning of ombudsman institutions in Asia.

2017 ◽  
Vol 4 (2) ◽  
pp. 140-175
Author(s):  
Benedetta Barbisan

Comparative Constitutional Law (ccl) has known a renaissance in the last decades. Nonetheless, it is still haunted by the apprehension of amounting to an abundant collection of valuable materials illustrating constitutional enterprises without an established and uncontroversial methodology. Should political science come to rescue the legal doctrine when it cannot grasp the variables influencing constitutional dynamics? What intellectual understanding should ccl serve? Does ccl shift from the treatment of specific topics to general themes? In my experience, both methodologies and main stream interests in ccl are critically tested in an English as a Medium of Instruction (emi)-teaching environment: that is the reason why emi-taught ccl courses may turn into useful opportunities to scrutinize the canon we have been developing. In this Article, I will try to offer a few examples of how the emi-teaching of ccl may contribute to identify a methodological guidance and a latitude of investigation.


2018 ◽  
Vol 19 (2) ◽  
pp. 219-250 ◽  
Author(s):  
Anna Jonsson Cornell ◽  
Janne Salminen

Within Scandinavia, Sweden stands out for not having gone to war in over 200 years. Its neighboring states—Finland, Denmark, and Norway—have not been as fortunate. Their respective constitutions each provide insight into their different experiences. The Swedish Constitution remains silent on emergency situations that do not rise to the predefined level of “war.” The Finnish constitution differs from the Swedish in that it allows for time-limited restrictions to protect fundamental rights and freedoms during a state of emergency, aggression, or any other situation that poses a severe threat to the nation, if stipulated by law and in congruence with international obligations of Finland. Importantly, when and how a government can declare a state of emergency is a question of ordinary law, rather than a constitutional one. This Article offers a comparative constitutional law analysis of the relative constitutional silence in Sweden and Finland as concerns emergency powers. The analysis takes as its starting point Böckenförde'sThe Repressed State of Emergency: The Exercise of State Authority in Extraordinary Circumstances.


1997 ◽  
Vol 27 (1) ◽  
pp. 25
Author(s):  
Kichimoto Asaka

The electoral systems of both Japan and New Zealand were recently reformed, and both states had their first elections under the new regimes in October 1996. This article considers some features of the two electoral systems from the point of view of the legal context in which the electoral reforms were made, and of the main reasons for those reforms.


Author(s):  
W. Elliot Bulmer

The rise of the Scottish national movement has been accompanied by the emergence of distinct constitutional ideas, claims and arguments, which may affect constitutional design in any future independent Scotland. Drawing on the fields of constitutional theory, comparative constitutional law, and Scottish studies, this book examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on the constitutional imagination of the Scottish national movement, in terms of both the national and international contexts. It identifies an emerging Scottish nationalist constitutional tradition that is distinct from British constitutional orthodoxies but nevertheless corresponds to broad global trends in constitutional thought and design. Much of the book is devoted to the detailed exposition and comparative analysis of the draft constitution for an independent Scotland published by the SNP in 2002. The 2014 draft interim Constitution presented by the Scottish Government is also examined, and the two texts are contrasted to show the changing nature of the SNP’s constitutional policy: from liberal-procedural constitutionalism in pursuit of a more inclusive polity, to a more populist and majoritarian constitutionalism.


2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.


Trictrac ◽  
2016 ◽  
Vol 9 ◽  
Author(s):  
Liliana Danciu ◽  
Petru Adrian Danciu

The axes of the creation and birth of the imaginary as a mythical language. Our research follows the relationships of the concepts that are taking into account creation on the double axis of verticality and horizontality. We highlight those symbolic elements which would later constitute the mythical language about the sacred space-temporality. Inside this space-temporality a rich spectrum of mythical images develops; images capable of explaining the relationships of the creation plans. Without a religious perception of the temporality, the conceptualization of the axis would remain a philosophical approach. Through our point of view, the two are born simultaneously. Thanks to them, creation can be imagined. The first “frozen” formula of the mystical human spirit can be thought, brought to a palpable reality, expressed in an oral and then a written form. Studied together, temporality (sacred or not) and space are permanently imagined together. For example, a loss of mundane temporality in the secret ecstasy that offers to the soul an ascending direction does not mean getting out of universal temporality, but of its mundane section. In the sacred space the soul relates to time. Even the gods are submitted by the sacred, Aeon sometimes being synonymous to destiny. The universal creator seems to evade every touch, but not consistently, only when he avoids the descent into its created worlds. In sacredness, time and space seem or become confused, both expressing the same reality, by the immediate swing from thinking to deed. The mythical imagery conceives the displacement in the primary space-temporality by the spoken word. So, for something to appear and live, the spoken word is required. Even the divine dream appears as a pre-word of a creator’s thought. The thought follows the spoken word, the spoken word follows the gestures which finally indicate the meanings of the creative act, controlling the rhythm of the creation days. These three will later be adapted through imitation in rite. We are now situated at the limit of the physical world, a real challenge for the mythical imagery. The general feature of the mythical expression on the creation of the material world is the state of the divinity’s exhaustion, most often conceptualized by sacrifice or divine fatigue. The world geography identifies with the anatomy of a self-gutted god. Practically, material creation is most likely the complete revelation of God’s body autopsy. As each body decomposes, everything in it is an illusion. An axial approach of the phenomenon exists in all religious systems. The created element’s origin is exterior, with or without a pre-existing matter, by a god’s sacrifice or only because it has to be that way. This is the starting point of the discussion on the symbolism of axiality as a reason for the constitution of the language of creation, capable of retelling the imaginary construction of myth in an oral and then written form.


2012 ◽  
pp. 66-80
Author(s):  
Michał Mrozowicki

Michel Butor, born in 1926, one of the leaders of the French New Novel movement, has written only four novels between 1954 and 1960. The most famous of them is La Modification (Second thoughts), published in 1957. The author of the paper analyzes two other Butor’s novels: L’Emploi du temps (Passing time) – 1956, and Degrés (Degrees) – 1960. The theme of absence is crucial in both of them. In the former, the novel, presented as the diary of Jacques Revel, a young Frenchman spending a year in Bleston (a fictitious English city vaguely similar to Manchester), describes the narrator’s struggle to survive in a double – spatial and temporal – labyrinth. The first of them, formed by Bleston’s streets, squares and parks, is symbolized by the City plan. During his one year sojourn in the city, using its plan, Revel learns patiently how to move in its different districts, and in its strange labyrinth – strange because devoid any centre – that at the end stops annoying him. The other, the temporal one, symbolized by the diary itself, the labyrinth of the human memory, discovered by the narrator rather lately, somewhere in the middle of the year passed in Bleston, becomes, by contrast, more and more dense and complex, which is reflected by an increasinly complex narration used to describe the past. However, at the moment Revel is leaving the city, he is still unable to recall and to describe the events of the 29th of February 1952. This gap, this absence, symbolizes his defeat as the narrator, and, in the same time, the human memory’s limits. In Degrees temporal and spatial structures are also very important. This time round, however, the problems of the narration itself, become predominant. Considered from this point of view, the novel announces Gerard Genette’s work Narrative Discourse and his theoretical discussion of two narratological categories: narrative voice and narrative mode. Having transgressed his narrative competences, Pierre Vernier, the narrator of the first and the second parts of the novel, who, taking as a starting point, a complete account of one hour at school, tries to describe the whole world and various aspects of the human civilization for the benefit of his nephew, Pierre Eller, must fail and disappear, as the narrator, from the third part, which is narrated by another narrator, less audacious and more credible.


2018 ◽  
Vol 28 (6) ◽  
pp. 1993-2005
Author(s):  
Shemsije Demiri ◽  
Rudina Kaja

This paper deals with the right to property in general terms from its source in Roman law, which is the starting point for all subsequent legal systems. As a result of this, the acquisition of property rights is handled from the historical point of view, with the inclusion of various local and international literature and studies, as well as the legal aspect devoted to the respective civil codes of the states cited in the paper.Due to such socio-economic developments, state ownership and its ownership function have changed. The state function as owner of property also changed in Macedonia's property law.The new constitutional sequence of the Republic of Macedonia since 1991 became privately owned as a dominant form of ownership, however, state ownership also exists.This process of transforming social property into state or private (dissolves), in Macedonia starts from Yugoslavia through privatization, return and denationalization measures, on which basis laws on privatization have been adopted. Because of this, there will be particularly intensive negotiations regaring the remaining state assets.


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