scholarly journals Judicial Power Principles in the Constitutions of African States

2020 ◽  
Vol 37 (65) ◽  
pp. 209-216
Author(s):  
Aleksej P. Treskov ◽  
Ella Z. Jamil ◽  
Alevtina E. Novikova ◽  
Valery N. Samsonov ◽  
Sergey S. Zakharov
Keyword(s):  
State Power ◽  
Judicial Power ◽  
Public Authorities ◽  
Constitutional Development ◽  
Political Processes ◽  
History Of ◽  
Structural Parts ◽  
Legal Methodology

The objective of the research was to study the principles of the judiciary in the constitutions of some African states. The modern constitutional development of African states is mediated by the complex history of the continent, as well as by ongoing political processes. The emergence of basic laws in these states has become the basis not only for the establishment of constitutionalism, but also for the establishment and functioning of key public authorities. According to the functional division of state power, the organization and activities of the judicial authorities are inalienable. The source of such institutionalization and organization, of course, is its constitutions. In this sense, in the framework of this work, attention is paid to research to the analysis of the principles of the judiciary in the constitutions of African states. Formal-legal, linguistic-legal and comparative-legal methodology were used, which were used together to identify the principles of the judiciary. It is concluded that the analysis carried out showed that most of the constitutional principles sought are formalized in the special structural parts of the constitutions dedicated to the court of various instances.

scholarly journals Institualization of referendum in EU countries

2020 ◽  
pp. 445-452
Author(s):  
Stoyko O. М.
Keyword(s):  
Decision Making ◽  
Direct Democracy ◽  
Decision Making Process ◽  
Legislative Process ◽  
The European Union ◽  
Public Authorities ◽  
New Members ◽  
Political Processes ◽  
History Of ◽  
The Eu

The evolution of the referendum institutionalization in the constitutions of the EU states is considered. The peculiarities of its initiation, realization and implementation of results in the "old" and "new" members of the Union are highlighted and analyzed. It is concluded that young democracies are pioneering in using this tool of direct democracy both to legitimize government decisions and to involve citizens in the decision-making process. The history of the introduction of plebiscites into the practice of political processes in European countries shows, that they are closely linked to democratic transit: the later the constitution is adopted, the more opportunities for citizens to use referendums not only to control the legislative process in parliament (support or veto certain decisions, draft laws), but also to formulate an agenda - to propose their own initiatives for consideration by public authorities. Accordingly, there are obvious differences between the referendum practices of the "old" and "new" members of the European Union, since the latter are much more active in using them and give citizens real leverage on public policy by holding plebiscites on popular initiatives.

scholarly journals Hermeneutics in the constitutional law of Ukraine

2021 ◽  
Vol 28 ◽  
pp. 104-109
Author(s):  
N. V. Mishyna
Keyword(s):  
Constitutional Law ◽  
Local Governments ◽  
State Power ◽  
Public Authorities ◽  
Public Power ◽  
Legal Traditions ◽  
History Of Interpretation ◽  
Self Organized ◽  
History Of ◽  
Correct Reasoning

Hermeneutics, having emerged due to innovations in philosophy, is currently used by other humanities, including jurisprudence. Hermeneutics (from the Greek eppriveuco (hermeneutikos) - interpreter) - the art of understanding, comprehension, the doctrine of the interpretation of signs and understanding of meanings in the form of theory of the art of understanding, certain rules (methods, techniques) of interpretation, the art of their application, as well as the process of interpretation; organization, process and result of such correct reasoning, which actualizes various interpretive methodologies, adequate for understanding a text. Hermeneutic principles and approaches are harmoniously combined with centuries-old legal traditions - because the history of interpretation of legal texts dates back at least to the Renaissance, reflected in many schools (glossators, commentators (postglossators), etc.). The aim of the article is to demonstrate how the hermeneutics is used in the field of constitutional law based on the self-organized bodies of population's (SOBPs) materials and practice. The use of the term "self-government" is not entirely successful in the name "territorial public self-government bodies". After all, according to modern doctrinal concepts, one of the conditions for the formation of the rule of law in the country is the division of public power into public state and public municipal (self-governing) power. In this case, public state power is exercised by the relevant bodies, which, as a rule, belong to one of the branches of state power in accordance with the requirements of the concept of its division into legislative, executive and judicial. Municipal power is exercised by local governments. Based on this, both public authorities (local governments) and public municipal authorities (local governments) will function at the level of administrative-territorial units. According to the legislation of Ukraine, SOBPs are part of the system of local self-government, but are not bodies of local self-government. Thus, the use of the word "self-government" in the name of the SOBPs will indicate the system to which the house, street, etc. committees belong, but will be confusing because it will facilitate their identification with local governments. In addition, the use of the name "territorial public self-government" will characterize the nature of the dream bodies as mixed (public - public), which, in the author's opinion, is also not true.

Political psychology

2013 ◽  
Vol 154 (16) ◽  
pp. 619-626
Author(s):  
Mária Resch ◽  
Tamás Bella
Keyword(s):  
Social Sciences ◽  
Political Psychology ◽  
Group Dynamics ◽  
Political Institutions ◽  
Cognitive Mapping ◽  
Medical Sciences ◽  
Political Processes ◽  
Behavioural Patterns ◽  
Essential Components ◽  
History Of

In Hungary one can mostly find references to the psychological processes of politics in the writings of publicists, public opinion pollsters, philosophers, social psychologists, and political analysts. It would be still important if not only legal scientists focusing on political institutions or sociologist-politologists concentrating on social structures could analyse the psychological aspects of political processes; but one could also do so through the application of the methods of political psychology. The authors review the history of political psychology, its position vis-à-vis other fields of science and the essential interfaces through which this field of science, which is still to be discovered in Hungary, connects to other social sciences. As far as its methodology comprising psycho-biographical analyses, questionnaire-based queries, cognitive mapping of interviews and statements are concerned, it is identical with the psychiatric tools of medical sciences. In the next part of this paper, the focus is shifted to the essence and contents of political psychology. Group dynamics properties, voters’ attitudes, leaders’ personalities and the behavioural patterns demonstrated by them in different political situations, authoritativeness, games, and charisma are all essential components of political psychology, which mostly analyses psychological-psychiatric processes and also involves medical sciences by relying on cognitive and behavioural sciences. This paper describes political psychology, which is basically part of social sciences, still, being an interdisciplinary science, has several ties to medical sciences through psychological and psychiatric aspects. Orv. Hetil., 2013, 154, 619–626.

scholarly journals On processes of coloniality and decoloniality of knowledge: notions for analysing the international history of mathematics teaching

ZDM ◽  
2021 ◽  
Author(s):  
Gert Schubring
Keyword(s):  
General Education ◽  
Mathematics Teaching ◽  
History Of Mathematics ◽  
Educational Systems ◽  
Political Processes ◽  
Local Structures ◽  
Novel Approach ◽  
History Of ◽  
Global And Local ◽  
First Time

AbstractThe aspiration of this paper is to develop a novel approach towards investigating the socio-political history of mathematics teaching in educational systems. Traditionally, historical studies are confined to just one country, the author’s country. Broader approaches address international developments by confronting and comparing global and local aspects—revealing general patterns and more specific ‘local’ structures and characteristics. Yet, already in antiquity and medieval times, the specific characteristic of mathematics teaching, namely to operate at the crossroads of general education and vocational training, proved to be intimately tied to the functioning of the particular political system. In pre-modern times, however, a truly international pattern emerged for the first time: European powers conquered, occupied and colonised overseas regions. Given that educational systems were emerging at the same time within these states, they often transmitted elements of these structures to their colonies. This phenomenon included mathematics, and the history of its teaching is analysed here as a part of coloniality. It is shown that this was not a uniform process, and the differences between the various colonial powers are discussed. The involvement of mathematics in the process of decolonisation is addressed, as well as its role in the tension between continued coloniality and movements of decoloniality. Finally, the general framework provided for studying socio-political processes connected with establishing mathematics teaching within public educational systems is applied, in order to analyse recent coloniality practices effected by international achievement studies.

Illegal Construction in Hanoi and Hanoi's Wards

2004 ◽  
Vol 3 (2) ◽  
pp. 337-369 ◽  
Author(s):  
David Koh
Keyword(s):  
State Power ◽  
The State ◽  
The People ◽  
The Face ◽  
History Of ◽  
State Boundaries ◽  
Urban Administration ◽  
Ability And Willingness

AbstractIn the drama of negotiation of state boundaries, the role of local administrators as mediators is indispensable. They mediate between state demands for more discipline and societal demands for more liberties. Their ability and willingness to enforce determines the extent of state power. They are a particular type of elites chosen by the state to administer; yet often they have an irrational and morally corrupt relationship with their subjects. The questions that arise then are: When do the local administrators decide to or not to enforce the rules? What considerations do they hold in the face of contradicting demands for their loyalties? This paper seeks answers to the above questions by examining state enforcement of its construction rules in Hanoi after 1975, in which the ward, a level of local administrators in the urban administration landscape, plays an important role in holding up (or letting down) the fences. I will examine the irrationality of the housing regime that led to widespread offences against construction rules, and then show why and how local administrators may or may not enforce rules. This paper comprises two parts. The first part outlines the nature and history of the housing regime in Vietnam and the situation of state provision of housing to the people. These provide the context in which illegal construction arises. Part Two looks at illegal construction in Hanoi chronologically, and focuses on important episodes. The theme that runs through this paper is the role of local administrators in the reality of illegal construction.

scholarly journals ПОЛІТИКО-ПРАВОВІ АСПЕКТИ ЗАКОНОДАВЧОГО ЗАБЕЗПЕЧЕННЯ ВИБОРЧОГО ПРОЦЕСУ В СУЧАСНІЙ УКРАЇНІ

2019 ◽  
pp. 134-144
Author(s):  
Г. М. Нечаєва
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
The Status ◽  
The Will ◽  
Points Of View ◽  
Democratic Principles ◽  
The Stability

This article examines the stages of the electoral process based on the legislation of Ukraine on elections since the proclamation of independent Ukraine until now. Considerable attention is paid to the disclosure of the concept of "electoral process", since democracy and the legitimacy of the entire system of public authorities depend to the electoral democracy. On the basis of various points of view of scientists, scholars of lawyers it can be concluded that the electoral process as a legal category is an independent legal institution of constitutional law, which should be understood as a set of constitutional and procedural norms governing the formation of representative bodies of the state and other elected bodies of state power and bodies of local self-government, election of state officials. The issue of the legislative support of the electoral process in Ukraine, the problem of the formation of a system of electoral legislation in Ukraine on the basis of which the electoral process takes place - elections of the President of Ukraine, people's deputies of Ukraine, deputies of local councils and village, town and city mayors. Adequate reflection of the will of the citizens on the formation of a system of government, the creation of conditions for free and deliberate expression of will require not only the legislative consolidation of the principles of free and fair elections, but also detailed legal regulation of procedures for conducting an election campaign, determination of the status of the subjects of the electoral process, their rights and obligations defining the results of elections, etc. The necessity of formation and establishment of a stable electoral culture of voters and the stability of electoral legislation for ensuring the proper realization of the electoral rights of Ukrainian citizens is indicated. However, the main problem is not so much in adopting laws that would comply with generally accepted democratic principles, but in ensuring compliance with these principles in practice, which does not always lie in the field of legislative regulation. In order to ensure legality in the process of organizing and holding elections, the functioning and interaction of all branches of state power, local self-government bodies and public associations must be agreed upon.

scholarly journals ABOUT MEDIEVAL EGYPTIAN HISTORIANS

2020 ◽  
pp. 46-55
Author(s):  
ZUKHRA ARIPOVA
Keyword(s):  
Middle East ◽  
Primary Sources ◽  
The Political ◽  
Ibn Khaldun ◽  
Political Processes ◽  
History Of ◽  
Extensive Information ◽  
The Rich ◽  
Mamluk Period ◽  
Historical Methods

This article is dedicated to the life and work of historians of the Mamluk period (1250-1517) in Egypt and the rich heritage left by them. In the XIII-XV centuries, Egypt had a special place among the countries of the Middle East due to the activities of the Mamluks. The prestige of the Mamluk sultans increased due to their victories in the fght against the Crusaders and the Mongols in the Middle East. The establishment of Mamluk rule in the history of Egypt, the growth of the superiority of military Mamluks in the country, the rise of the Bakhrit Mamluk sultans (1250-1382) and the political processes of the Burjit (Circassian) Mamluk period (1282-1517) are of particular interest for s this study. This article provides extensive information on the activities and works of medieval historians such as Abu alMahasin, Ibn Daud Al-Sayraf, Abd Ar-Rahman As-Sahawi, Jalal ad-Din As-Suyuti, Ibn Iyas Muhammad ibn Ahmad and Ibn Zanbal Ar-Rummal, Ali ibn Ahmad Ibn al-Asir, Abd Ar-Rahman Ibn Khaldun, al-Umari, Shahab ad-din alKalkashandi, Taki ad-din Al-Makrizi, Az-Zahiri, Khalil ibn Shahin. Relevance: After Uzbekistan gained independence, orientalists have new opportunities to search, study and disseminate information about Islam and the history of Islam among the general public. When studying the period of the history of the Mamluks in Egypt, many aspects of the history of Mavaraunnahr of that time are also revealed. Studying the primary sources containing information on this topic makes it possible to objectively evaluate the political, social and economic processes of this period. Methods. The article uses generally accepted historical methods based on the principles of historicity, structurality and objectivity. Conclusions: Also, it must be pointed out that objective coverage of the history of this period, in addition to the historical works of the above authors of the 13th-15th centuries, is facilitated by the study of various scientifc treatises, commentaries, shortened versions of works (almukhtasar), dictionaries, prose and poetic works.

scholarly journals ЛОГІКА ВИКЛАДАННЯ ІСТОРІЇ ДЕРЖАВА І ПРАВА УКРАЇНИ ВІДПОВІДНО ДО КОНСТИТУЦІЇ УКРАЇНИ

2018 ◽  
pp. 86-97
Author(s):  
Григорій Юрійович Каніщев
Keyword(s):  
The State ◽  
Public Authority ◽  
Academic Disciplines ◽  
Current Status ◽  
Political Struggle ◽  
Public Authorities ◽  
Developed Country ◽  
History Of ◽  
State Rights

History of State and law of Ukraine can be considered as one of the leading academic disciplines to modern lawyers because its purpose is to familiarize professionals with the historical experience of the development of statehood and the territory of modern Ukraine that directly or indirectly impact on the current status and the quality of the public authority in our country, on the relationship between the State and citizens, on the situation in Ukraine in the international arena, its image in the world, etc. Great value for the teaching and study of history of State and Law of Ukraine have changes that have been happening lately in higher legal education in our country. Besides necessary legal skills and knowledge, present-day and future lawyers have to understand the nature of law and the philosophy of human rights, the role of the bureaucracy in the functioning of the State organized by the society, the mechanism of distribution of public authorities, as well as to understand the ways of development of the State and its transition from a developing country to a developed country. The role of history of State and Law of Ukraine here is mapping the processes of historical evolution of relationships between the human and the State on the modern Ukrainian territory. This includes compliance with State rights, in particular political struggle of people for their rights in both peaceful and violent way (through an armed revolt against the authorities) etc. In this connection, educational courses and researches on the history of State and Law should pay much attention to the evolution of public authority as a result of the struggle of people for their rights.

scholarly journals Latin America through the vision of environmental geopolitics. A little about the history of the issue

2020 ◽  
Vol 28 (1) ◽  
pp. 207-236
Author(s):  
Shinkarenko Alexander ◽  
Keyword(s):  
Latin America ◽  
Environmental Problems ◽  
Political Processes ◽  
Current State ◽  
Environmental Discourses ◽  
The World ◽  
History Of

In this article, the author touches upon the formation of ecological geopolitics and the role of Latin America in it. The socio-political processes that are currently taking place in the region focus on environmental problems, as well as the possibility of reducing the intensity of extractivistic initiatives. The relevance of the environmental discourses and the costs generated with the rental model of the economy, is characteristic not only of Latin America, but also other regions of the world. Nevertheless, it is here we can observe the active work of antiextractive movements to form a contemporary environmental agenda and search for models that are alternative to the current state of the world.

The Archive as a “Collective Project”

2017 ◽  
Vol 49 (3) ◽  
pp. 529-533
Author(s):  
Nilay Özok-Gündoğan
Keyword(s):  
19Th Century ◽  
State Government ◽  
State Power ◽  
The State ◽  
Modern State ◽  
Late 19Th Century ◽  
Governmental Body ◽  
National Memory ◽  
History Of ◽  
A Site

The history of the archive is the history of the state. Or so say conventional approaches to the archives. Until recently, the archive has been seen solely as a site, or rather a repository, of modern state power and governmentality, and a crucial medium for the making and preservation of national memory in the late 19th century. There is a truth to this state-centric perspective: the archive was conceived as a place where governments keep their records; they usually contain a term such as “state,” “government,” or “national” in their names; and they are often funded by and connected to a governmental body.

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