scholarly journals Práticas Parlamentares e Convenções Constitucionais

KPGT_dlutz_1 ◽  
2018 ◽  
Vol 31 (3) ◽  
pp. 532
Author(s):  
José Adércio Leite Sampaio
Keyword(s):  
Common Good ◽  
Dynamic Balance ◽  
Political Instability ◽  
Legal Rules ◽  
The Common Good ◽  
Constitutional Conventions ◽  
The Common ◽  
Power Arrangements

Práticas Parlamentares e Convenções Constitucionais Resumo: As práticas parlamentares desenvolvem um papel importante nas democracias modernas. Em suas diversas modalidades, praxe, precedente e convenções, elas são responsáveis pelo estabelecimento do equilíbrio dinâmico entre estabilidade e flexibilidade política e legislativa. Entre todas, as convenções constitucionais gozam de maior longevidade e grau de vinculação. Sua aplicação em Estados que adotam Constituições rígidas é polêmica. Entretanto, a literatura identifica sua presença em diversos deles, inclusive contra constitutionem. No Brasil, tanto as práticas em geral, quanto as convenções constitucionais em particular encontram especial obstáculo em se firmarem, em vista de da instabilidade política, da tendência à positivação das normas de costumes parlamentares e de arranjos partidários e interpoderes nem sempre inspirados no bem comum. Palavras-Chave: Convenções Constitucionais. Direito Parlamentar. Práticas Parlamentares. Práticas Políticas no Brasil. Parliamentary Practices and Constitutional Conventions Abstract: Parliamentary practices play a key role in modern democracies. In their various modalities, praxis, precedent and conventions, they are responsible for establishing the dynamic balance between political and legislative stability and flexibility. Among all, constitutional conventions enjoy greater longevity and degree of attachment. Its application in States that adopt rigid Constitutions is controversial. However, the literature identifies their presence in several of them, even contra constitutionem. In Brazil, both, practices in general and constitutional conventions, in particular are difficult task to be accomplished, in view of political instability, the tendency towards the transformation of parliamentary customs into legal rules, and of party and inter-power arrangements not always inspired by the common good. Keywords: Constitutional Conventions. Parliamentary Law. Parliamentary Practices. Political Practices in Brazil.

11. Why obey the law?

2020 ◽  
pp. 325-331
Author(s):  
Raymond Wacks
Keyword(s):  
Moral Obligation ◽  
Common Good ◽  
Moral Duty ◽  
Fair Play ◽  
Legal Rules ◽  
The Common Good ◽  
Moral Claims ◽  
The Common ◽  
The Law

Do we have a moral duty to obey the law? Do we, in other words, have a moral obligation to comply with legal rules simply because they are legal rules? What about obviously unfair or unjust laws? Or laws that impose unreasonable demands on us? The question of whether we have a duty to follow the demands of the law raises some fundamental issues regarding the nature of law and its moral claims. This chapter examines a number of possible reasons for obeying the law. It will examine the principal justifications for obedience: fair play, consent, the common good, and gratitude.

11. Why obey the law?

2017 ◽  
Author(s):  
Raymond Wacks
Keyword(s):  
Moral Obligation ◽  
Common Good ◽  
Moral Duty ◽  
Fair Play ◽  
Legal Rules ◽  
The Common Good ◽  
Moral Basis ◽  
The Common ◽  
The Law ◽  
Moral Philosophers

Is there a moral duty to obey the law? Do we, in other words, have a moral obligation to comply with legal rules solely because they are legal rules? This question is particularly demanding when we are faced with laws that are obviously unjust or unfair, or those laws that make irrational or unreasonable demands on us. This subject has long vexed legal and moral philosophers; this chapter examines what possible reasons there are for obeying the law. The moral basis of obedience may spring from one or more of the following four principal sources: fair play, consent, the common good, and gratitude. Each is briefly discussed.

Speaking for Islam

2009 ◽  
Vol 26 (3) ◽  
pp. 110-127
Author(s):  
Abdoulaye Sounaye
Keyword(s):  
Common Good ◽  
The State ◽  
Institutional Transformation ◽  
The Political ◽  
Religious Authority ◽  
The Common Good ◽  
The Common ◽  
Religion And State ◽  
Islamic Values ◽  
French Model

Unexpectedly, one of the marking features of democratization in Niger has been the rise of a variety of Islamic discourses. They focus on the separation between religion and the state and, more precisely, the way it is manifested through the French model of laïcité, which democratization has adopted in Niger. For many Muslim actors, laïcité amounts to a marginalization of Islamic values and a negation of Islam. This article present three voices: the Collaborators, the Moderates, and the Despisers. Each represents a trend that seeks to influence the state’s political and ideological makeup. Although the ulama in general remain critical vis-à-vis the state’s political and institutional transformation, not all of them reject the principle of the separation between religion and state. The Collaborators suggest cooperation between the religious authority and the political one, the Moderates insist on the necessity for governance to accommodate the people’s will and visions, and the Despisers reject the underpinning liberalism that voids religious authority and demand a total re-Islamization. I argue that what is at stake here is less the separation between state and religion than the modality of this separation and its impact on religious authority. The targets, tones, and justifications of the discourses I explore are evidence of the limitations of a democratization project grounded in laïcité. Thus in place of a secular democratization, they propose a conservative democracy based on Islam and its demands for the realization of the common good.

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