scholarly journals Perspectivas do federalismo: contrastes entre o formalismo e a abordagem sociopolítica

KPGT_dlutz_1 ◽  
2018 ◽  
Vol 31 (3) ◽  
pp. 506
Author(s):  
Leonam Baesso da Silva Liziero
Keyword(s):  
Federal Government ◽  
Constitutional Law ◽  
Point Of View ◽  
Federal State ◽  
Legal Perspective ◽  
Political Approach ◽  
Theoretical Considerations

Perspectivas do federalismo: contrastes entre o formalismo e a abordagem sociopolítica Resumo: Este artigo tem como objetivo apresentar o contraste entre a perspectiva jurídica do federalismo, essencialmente formalista, e perspectivas não-formalistas, como a sociológica e a política, aqui tratadas no mesmo conjunto. Deste modo, serão apresentadas, na perspectiva jurídica, considerações sobre as abordagens realizadas por Jellinek e Kelsen. Sob este ponto de vista, o federalismo é uma questão do direito constitucional de cada federação. Posteriormente, são apresentadas considerações teóricas desenvolvidas por Sidgwick e Riker, para os quais a questão do federalismo é política, bem como a de Livingston, para quem a abordagem sobre o federalismo deve ser antes de mais nada sociológica. Palavras-chave: Estado federal. Federalismo. Formalismo. Jellinek. Kelsen. Livingston. Federalism perspectives: contrasts between formalism and the socio-political approach Abstract: This article aims to present the contrast between the juridical perspective of federalism, essentially formalist, and non-formalist perspectives, such as a sociological and a political one, treated here in the same set. In this way, we present, from a legal perspective, considerations on the approaches taken by Jellinek and Kelsen. From this point of view, federalism is a question of the constitutional law of each federation. Subsequently, theoretical considerations developed by Sidgwick and Riker, for which they are questionable by the federal government, as well as by Livingston, for whom an approach on federalism is first and foremost sociological. Keywords: Federal State. Federalism. Formalism. Jellinek. Kelsen. Livingston.

Verfassungsanalogien – Das Bundesverfassungsgericht an der Grenze der Verfassungsinterpretation

Der Staat ◽  
2021 ◽  
Vol 60 (1) ◽  
pp. 7-41
Author(s):  
Carsten Bäcker
Keyword(s):  
Constitutional Law ◽  
Case Law ◽  
Point Of View ◽  
Fundamental Rights ◽  
Federal State ◽  
Constitutional Court ◽  
Sich Eine ◽  
Statutory Interpretation ◽  
Rights Protection ◽  
Federal Constitutional

Analogien sind methodologisch hoch umstritten; sie bewegen sich an der Grenze der Gesetzesinterpretation. Dem methodologischen Streit um die Analogien unterliegt die Frage nach den Grenzen der Gesetzesinterpretation. In der Rechtsprechung des Bundesverfassungsgerichts finden sich eine Reihe von Verfassungsanalogien. Diese Analogien zum Verfassungsgesetz werden zwar nur selten ausdrücklich als solche bezeichnet, sie finden sich aber in einer Vielzahl von dogmatischen Konstruktionen in der Rechtsprechung – wie etwa der Erweiterung des Grundrechtsschutzes für Deutsche auf EU-Bürger oder der Annahme von Gesetzgebungskompetenzen des Bundes als Annex zu dessen geschriebenen Kompetenzen. Die Existenz derartiger Analogien zum Verfassungsgesetz verlangt nach Antworten auf die Fragen nach den Grenzen der Kompetenz zur Verfassungsinterpretation. Der Beitrag spürt diesen Grenzen nach – und schließt mit der Aufforderung an das Bundesverfassungsgericht, die Annahme von Verfassungsanalogien zu explizieren und die sich darin spiegelnden Annahmen über die Grenzen der Kompetenz zur Verfassungsinterpretation zu reflektieren. Constitutional analogies. The Federal Constitutional Court at the limit of constitutional interpretation From a methodological point of view, the use of analogies in legal argument is highly controversial, for they reach to the limits of statutory interpretation. Underlying the methodological dispute over analogies is the question of what the limits of statutory interpretation are or ought to be. A number of analogies from constitutional law can be found in the case law of the Federal Constitutional Court. Although these analogies to constitutional law are rarely explicitly designated as such, in the case law they can be found in a variety of dogmatic constructions – for example, in the extension of Germans’ fundamental rights protection to EU citizens, or the assumption of legislative powers of the federal state as an appendix to its written powers. The existence of such analogies to constitutional law calls for answers to the question of the limits of the power to interpret the Constitution. It is the aim of this article to trace these limits, and in its conclusion it calls on the Federal Constitutional Court to explicate the adoption of analogies in constitutional law and to reflect on the assumptions found therein – respecting the limits of the power to interpret the Constitution.

scholarly journals Souveraineté et fédéralisme

2005 ◽  
Vol 20 (1-2) ◽  
pp. 237-246
Author(s):  
Gil Rémillard
Keyword(s):  
Federal Government ◽  
Constitutional Law ◽  
Great Difficulty ◽  
Public Law ◽  
Fundamental Concept ◽  
Federal State ◽  
Federal System ◽  
Canadian Federalism ◽  
Definition Of ◽  
Regional Governments

The notion of sovereignty is the most fundamental concept of public law. At the same time, it is one of the main difficulties federalism has to face. Where does sovereignty reside in a federal state ? While this question is not an easy one to answer, knowledge of the manner in which it has been answered in Canadian constitutional law is essential to an understanding of the present constitutional crisis. The most appropriate definition of sovereignty is « jurisdiction to define jurisdictions ». This definition implies the concept of an ultimate authority and its application to a federal system is of great difficulty. Two main theories confront each other. The first one develops the concept that sovereignty should be shared between the federal government and the federated states. The second sees sovereignty as belonging exclusively to the federal government, regional governments merely enjoying some form of autonomy. This paper studies the implications of both theories in Canadian federalism.

Hubungan Kemendagri dan Kemendes dalam Tata Desa dan Administrasi Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi
Keyword(s):  
Constitutional Law ◽  
Administrative Law ◽  
Point Of View ◽  
Legal Research ◽  
The Government ◽  
The Village ◽  
The Relationship

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.

Communicative Strategies and Tactics of Debate as a Learning Tool

2020 ◽  
Vol 81 (2) ◽  
pp. 21-26
Author(s):  
Z. I. Kurtseva
Keyword(s):  
Questionnaire Survey ◽  
Sharp Decrease ◽  
Russian Language ◽  
Point Of View ◽  
Primary Data ◽  
Federal State ◽  
School Students ◽  
Communicative Strategies ◽  
Psychology Pedagogy ◽  
State Educational

This article discusses an urgent educational problem, i.e. a sharp decrease in the level of students’ spoken language and, in particular, the lack of willingness and ability among school students to engage in a constructive dialogue when participating in debates. It is no accident that modern federal state educational standards pay special attention to the formation of students’ communicative competence at all levels of education. The aim of this article was to investigate the current situation in the field in order to obtain primary data showing at which educational levels the techniques of debate and discussion are used; to analyse the verbal behaviour of participants implementing various communicative strategies and tactics during debates. The following research methods were used: an analysis of literature in the field of psychology, pedagogy, communication and methodology; a questionnaire survey and interviews; an analysis of the oral presentations of students; generalization of pedagogical experience. The results of the interviews and questionnaire survey conducted among first-year university show that about 60% of the respondents experience difficulties in constructing argumentative speech. Discussions in schools are held only in high school. Secondary school teachers lack the competencies of organizing and conducting debates in class. The development of communicative skills of defending one’s point of view and conducting informed debates using communicative tactics based on the principles of dialogue and politeness should be taught during teenage years. It is at this age that communicative competencies are most actively formed. Specific examples of including debates in the curriculum of the Russian language (5th grade) for developing primary discussion skills are presented.

THE PRINCIPLES AND ACTIVITIES OF THE NATIONAL SCIENTIFIC DEVELOPMENT STRATEGY IN THE ARCTIC ZONE OF THE RUSSIAN FEDERATION

2017 ◽  
Author(s):  
Mikhail Bubynin ◽  
Mikhail Bubynin ◽  
Valery Abramov ◽  
Valery Abramov ◽  
Gennady Zabolotnikov ◽  
...  
Keyword(s):  
Development Strategy ◽  
Russian Federation ◽  
National Policy ◽  
Scientific Research ◽  
Point Of View ◽  
The Arctic ◽  
Scientific Development ◽  
Federal State ◽  
Arctic Zone ◽  
The Russian Federation

The paper considers the priorities of the state policy of the Russian Federation in the Arctic, from the point of view of the development of scientific research, identified by the main strategic documents of national policy and security in the Arctic zone of the Russian Federation. Measures for implementation of priorities in the development of scientific research in the Arctic can be divided into three main sections: 1. Scientific projects and expeditions in the Arctic; 2. International activities; 3. Coordination and implementation of integrated research in the Arctic. Note that currently the Ministry of education and science of the Russian Federation develops the Analytical Coordination Program “Comprehensive research of the Arctic and Antarctic”, in cooperation with the federal state bodies and Governance of the Subjects of the Arctic zone of the Russian Federation. The mechanism of the Program will ensure coordination between state bodies for integrated scientific researches in the Arctic in the interests of economic and scientific development of the region, and the creation of the scientific, technical and technological reserve in order to ensure of national security in the Arctic zone of the Russian Federation.

16 Jahre waldpolitisch relevante Prozesse im Buwal / Bafu | 16 years of processes at the SAEFL / FOEN relevant to forest policy

2007 ◽  
Vol 158 (1-2) ◽  
pp. 1-13 ◽  
Author(s):  
Werner Schärer
Keyword(s):  
Federal Government ◽  
Forest Policy ◽  
Forest Service ◽  
Point Of View ◽  
National Forest ◽  
Organisational Structure ◽  
Service Organisation ◽  
Federal Structure ◽  
National Forest Policy

At the level of the federal government, since 1990 there have been at least 16 important processes relevant to forest policy. These processes mainly ran in parallel, but were in part contradictory,sometimes they were complementary and synergies were also achieved. The processes are divided into three main categories (processes triggered by nature, by the surroundings and self-initiated processes). They are briefly described and evaluated from a personal, forest policy point of view. Seven points for thought are used to show what needs to be taken into account in future national forest policy. Finally the Swiss forest service organisation is compared with another federal structure of an NGO, namely the organisational structure of Pro Senectute, the author's new area of work.

scholarly journals Examining the role of governmsent in shaping disability inclusiveness around COVID-19: a framework analysis of Australian guidelines

2021 ◽  
Vol 20 (1) ◽  
Author(s):  
David Colon-Cabrera ◽  
Shivika Sharma ◽  
Narelle Warren ◽  
Dikaios Sakellariou
Keyword(s):  
Federal Government ◽  
Disability Services ◽  
Federal State ◽  
Structural Factors ◽  
Australian Government ◽  
Disabled People ◽  
Framework Analysis ◽  
Unemployed People ◽  
Guidance Documents

Abstract Background The COVID-19 pandemic has uncovered the ways in which disabled people are made more vulnerable due to structural inequalities. These vulnerabilities are the result of the interaction between individual and structural factors that shape how risk is experienced by disabled people. In Australia, these vulnerabilities are influenced by the way disability services and care for disabled people are delivered through a consumer-directed approach. We analysed the policies and documentation made by the Australian Government and state and territory governments during the pandemic to explore whether these were disability-inclusive. We aimed to unpack how these policies shaped disabled people as vulnerable citizens. Methods Guided by documentary research, we used framework analysis to examine the policies of the Australian Government and state and territory governments. We analysed legislation that was given royal assent by the federal, state and territory governments, and documents (reports, fact sheets, guidance documents, etc.) published by the federal government and the state of Victoria (given that this state experienced the brunt of the epidemic in Australia) between February 2020 to August of 2020. Results We found that most of the resources were not aimed at disabled people, but at carers and workers within disability services. In addition, most policies formulated by the Australian Government were related to the expansion of welfare services and the creation of economic stimulus schemes. However, while the stimulus included unemployed people, the expansion of benefits explicitly excluded disabled people who were not employed. Most of the legislation and documents offered accessibility options, though most of these options were only available in English. Disability oriented agencies offered more extensive accessibility options. Conclusions The findings indicate a large number of documents addressing the needs of disabled people. However, disability-inclusiveness appeared to be inconsistent and not fully considered, leaving disabled people exposed to greater risk of COVID-19. Neoliberal policies in the health and welfare sector in Australia have led to an individualisation of the responsibility to remain healthy and a reliance on people as independent consumers. Governments need to take a clear stance towards the emergence of such a discourse that actively disvalues disabled people.

Foreign economic activity: taxation, accounting, analysis and audit

2021 ◽  
Author(s):  
Elena Burdenko ◽  
Elena Bykasova ◽  
Oksana Kovaleva
Keyword(s):  
Higher Education ◽  
Economic Activity ◽  
Point Of View ◽  
Federal State ◽  
Educational Standards ◽  
Complete Development ◽  
State Educational ◽  
Real Practice

The textbook deals with the problems of conducting foreign economic activity from the point of view of taxation, accounting, analysis, audit, application of Russian and international legislation regulating this type of activity. All theoretical provisions are analyzed on the example of practical situations that arise in real practice. The presented theoretical material and practical situations are designed to help master the conduct of foreign economic activity. The textbook contains diagrams, tables of typical operations, sample documents, verification tests on each topic, practical tasks and applications of the necessary documents for a more complete development of the discipline. Meets the requirements of the federal state educational standards of higher education of the latest generation. For bachelors, undergraduates, postgraduates studying in economic programs and studying foreign economic activity in depth, the textbook will also be useful for teachers of economic faculties of universities and practitioners.

Theory of quantum chemistry

2021 ◽  
Author(s):  
Viktor Kostyukov
Keyword(s):  
Quantum Chemistry ◽  
Undergraduate Students ◽  
Materials Science ◽  
Relativistic Quantum ◽  
Point Of View ◽  
Educational Institutions ◽  
Federal State ◽  
Chemical Effects ◽  
Resource Intensity ◽  
State Educational

The textbook summarizes the basic theories of quantum chemistry. A comparative analysis of the computational efficiency of computational algorithms implementing these theories from the point of view of the ratio "accuracy — resource intensity" is performed. Considerable attention is paid to the problem of accounting for electronic correlation, as well as relativistic quantum chemical effects. Meets the requirements of the federal state educational standards of higher education of the latest generation. It is intended for undergraduate students of higher educational institutions; it can be used by graduate students studying materials science, structural, organic and physical chemistry, molecular biology and biophysics, biotechnology.

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