Znaczenie modelu westminsterskiego w kształtowaniu się pozycji ustrojowej parlamentu w Papui-Nowej Gwinei

2019 ◽  
Vol 1 ◽  
pp. 37-56
Author(s):  
Justyna Eska-Mikołajewska

The article presents the issues of the political position of the parliament in one of the largest states of the South Pacific subregion – Papua New Guinea. Shaping its legal and political system, the state profoundly derived from the British practice. This process was initiated in the first decade of the 20th century as a result of Australian rule, which had lasted by that time the state gained its independence in 1975. As a consequence, all the basic features of Westminster democracy were adopted, with the unitary form of government and the unicameral parliament. The analysis allowed to indicate that the character of Papuan democracy has evolved over the years, and therefore some elements of the Westminster model have become inadequate and not very effective. These changes concerned mainly superior state structures, including the parliament. It is a body increasingly controlled by the executive nowadays, that lost its original representative character. In this article, the author has adopted the following research methods: an analysis of legal sources and a critical analysis as well as a descriptive method. The text was divided into three main parts, the introduction and the conclusion.

2020 ◽  
Vol 5(160) ◽  
pp. 97-111
Author(s):  
Magdalena Micińska

The subject of the article is the legal acts of the President of the Russian Federation and the federal executive bodies: ministries, services, agencies and state corporations. The article uses the dogmatic-descriptive method and the comparative method. The subject of the analysis are both constitutional sources and sources not mentioned in the Basic Law, including in particular the multifunctional act called in Russian prikaz. The main research objective is to determine the normative nature of individual sources of law in the context of the political position of the President and federal executive bodies in the Russian political system. The article also calls for a change in the established translation of the act called rasporyazheniye in Russian from “regulation” to “order”.


2019 ◽  
Vol 12 (1) ◽  
pp. 97-146
Author(s):  
Andrei Borisovich Nikolaev

This article analyzes the formula of authority that constituted the basis for the Provisional Government. The author labels this formula the Third of March system. The Third of March system began to dissolve during the political crisis of the “April days”, when the Provisional Government decided to jettison the formulation of its authority that had been so convenient to the Chairman of the State Duma, Mikhail Vladimirovich Rodzianko. The government had contemplated vesting sovereign authority in the Temporary Committee of the State Duma, thereby resurrecting the legislative function of the bicameral Russian parliament, and making the legislature responsible to the executive. The Third of March system finally disintegrated on 6 October 1917, when the Provisional Government dispersed the State Duma and recognized that the authority of members of the State Council had lost its force. The demolition of the Third of March political system led to the liquidation of the Provisional Government’s authority.


2017 ◽  
Vol 11 (1) ◽  
pp. 35-63
Author(s):  
Ruth Roded

Beginning in the early 1970s, Jewish and Muslim feminists, tackled “oral law”—Mishna and Talmud, in Judaism, and the parallel Hadith and Fiqh in Islam, and several analogous methodologies were devised. A parallel case study of maintenance and rebellion of wives —mezonoteha, moredet al ba?ala; nafaqa al-mar?a and nush?z—in classical Jewish and Islamic oral law demonstrates similarities in content and discourse. Differences between the two, however, were found in the application of oral law to daily life, as reflected in “responsa”—piskei halacha and fatwas. In modern times, as the state became more involved in regulating maintenance and disobedience, and Jewish law was backed for the first time in history by a state, state policy and implementation were influenced by the political system and socioeconomic circumstances of the country. Despite their similar origin in oral law, maintenance and rebellion have divergent relevance to modern Jews and Muslims.


Author(s):  
Anatolii Petrovich Mykolaiets

It is noted that from the standpoint of sociology, “management — a function of organized systems of various nature — (technical, biological, social), which ensures the preservation of their structure, maintaining a certain state or transfer to another state, in accordance with the objective laws of the existence of this system, which implemented by a program or deliberately set aside”. Management is carried out through the influence of one subsystem-controlling, on the other-controlled, on the processes taking place in it with the help of information signals or administrative actions. It is proved that self-government allows all members of society or a separate association to fully express their will and interests, overcome alienation, effectively combat bureaucracy, and promote public self-realization of the individual. At the same time, wide direct participation in the management of insufficiently competent participants who are not responsible for their decisions, contradicts the social division of labor, reduces the effectiveness of management, complicates the rationalization of production. This can lead to the dominance of short-term interests over promising interests. Therefore, it is always important for society to find the optimal measure of a combination of self-management and professional management. It is determined that social representation acts, on the one hand, as the most important intermediary between the state and the population, the protection of social interests in a politically heterogeneous environment. On the other hand, it ensures the operation of a mechanism for correcting the political system, which makes it possible to correct previously adopted decisions in a legitimate way, without resorting to violence. It is proved that the system of social representation influences the most important political relations, promotes social integration, that is, the inclusion of various social groups and public associations in the political system. It is proposed to use the term “self-government” in relation to several levels of people’s association: the whole community — public self-government or self-government of the people, to individual regions or communities — local, to production management — production self-government. Traditionally, self-government is seen as an alternative to public administration. Ideology and practice of selfgovernment originate from the primitive, communal-tribal democracy. It is established that, in practice, centralization has become a “natural form of government”. In its pure form, centralization does not recognize the autonomy of places and even local life. It is characteristic of authoritarian regimes, but it is also widely used by democratic regimes, where they believe that political freedoms should be fixed only at the national level. It is determined that since the state has achieved certain sizes, it is impossible to abandon the admission of the existence of local authorities. Thus, deconcentration appears as one of the forms of centralization and as a cure for the excesses of the latter. Deconcentration assumes the presence of local bodies, which depend on the government functionally and in the order of subordination of their officials. The dependency of officials means that the leadership of local authorities is appointed by the central government and may be displaced.


1965 ◽  
Vol 8 (2) ◽  
pp. 179-200
Author(s):  
J. H. Shennan

The most recent biographer of Montesquieu has written:…the similarity between the ideas of the former president a tnortier and those of the parlements is sometimes striking.…The king, they admit, is the legislator and the fount of justice. The parlements, however, are the repositories of his supreme juris-diction. To remove it from them is to offend the laws of the state and to overthrow the ancient legal structure of the kingdom.…This tradition of the parlements inspired and was inspired by the political doctrine of Montesquieu; and when the President writes of the monarchy of his own day…as being the best form of government that men have been able to imagine, it is monarchy supported by this tradition which he has in mind.


1974 ◽  
Vol 64 ◽  
pp. 62-78 ◽  
Author(s):  
A. W. Lintott

The battle of Bovillae on 18th January, 52 B.C., which led to Clodius' death, was literally treated by Cicero in a letter to Atticus as the beginning of a new era—he dated the letter by it, although over a year had elapsed. It is difficult to exaggerate the relief it afforded him from fear and humiliation for a few precious years before civil war put him once more in jeopardy. At one stroke Cicero lost his chief inimicus and the Republic lost a hostis and pestis. Moreover, the turmoil led to a political realignment for which Cicero had been striving for the last ten years—a reconciliation between the boni and Pompey, as a result of which Pompey was commissioned to put the state to rights. Cicero's behaviour in this context, especially his return to the centre of the political scene, is, one would have thought, of capital importance to the biographer of Cicero. Yet two recent English biographies have but briefly touched on the topic. It is true that, in the background of Cicero's personal drama, Caesar and Pompey were taking up positions which, as events turned out, would lead to the collapse of the Republic. However, Cicero and Milo were not to know this, nor were their opponents; friendly cooperation between the two super-politicians apparently was continuing. Politicians on all sides were still aiming to secure power and honour through the traditional Republican magistracies, and in this pursuit were prepared to use the odd mixture of violence, bribery and insistence on the strict letter of the constitution, which was becoming a popular recipe. In retrospect their obsession with the customary organs of power has a certain irony. Yet it is a testimony to the political atmosphere then. Their manoeuvres are also important because both the instability caused by the violence of Clodius and Milo, and the eventual confidence in the rule of law established under Pompey's protection, helped to determine the political position of the boni associated with Pompey in 49 B.C. Cicero's relationship with Milo is at first sight one of the more puzzling aspects of his career. What had they in common, except that Milo, like most late Republican politicians, was at one time associated with Pompey? Properly interpreted, however, this relationship may not only illuminate Cicero's own attitudes but illustrate the character of the last years of Republican politics.


Author(s):  
Richard Whiting

In assessing the relationship between trade unions and British politics, this chapter has two focuses. First, it examines the role of trade unions as significant intermediate associations within the political system. They have been significant as the means for the development of citizenship and involvement in society, as well as a restraint upon the power of the state. Their power has also raised questions about the relationship between the role of associations and the freedom of the individual. Second, the chapter considers critical moments when the trade unions challenged the authority of governments, especially in the periods 1918–26 and 1979–85. Both of these lines of inquiry underline the importance of conservatism in the achievement of stability in modern Britain.


Asian Survey ◽  
2010 ◽  
Vol 50 (1) ◽  
pp. 253-259 ◽  
Author(s):  
Narayanan Ganesan

Singapore suffered a sharp decline in economic output, its state investment agencies lost significant amounts, and the state drew on reserves to stimulate the economy. Electoral boundaries were redrawn, changes to the political system mooted, and rumors of elections were rife. Immigration and national integration issues became important.


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