THE CONSTITUTIONAL RIGHT OF ACCESS TO PUBLIC SERVICE ON THE SAME TERMS AND THE ISSUE OF EMPLOYING A LOCAL GOVERNMENT EMPLOYEE FOR THE PERIOD OF REPLACEMENT – REFLECTIONS ON THE TOPIC

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 93-100
Author(s):  
Bogusław Przywora
Keyword(s):  
Local Government ◽  
Public Service ◽  
General Rule ◽  
Legal Regulation ◽  
Point Of View ◽  
Government Employee ◽  
Constitutional Right ◽  
The Republic ◽  
The Right ◽  
Right Of Access

The study attempts to analyse the legal regulation concerning the employment of a local government employee for a replacement period from the point of view of the constitutional right of access to public service on equal terms. The study refers jurisprudence (in particular to the decisions of the Constitutional Tribunal). This solution is an exception to the general rule of competitive and open recruitment. It should be emphasised that the right resulting from Article 60 of the Constitution of the Republic of Poland is not absolute. Hence the introduction of „exceptions” is permissible. However, this should be supported by another constitutional value. The analysed statutory regulation is only temporary (for the period of excused absence of an employee). It is based on the principle of efficiency and reliability of public institutions resulting from the preamble to the Constitution of the Republic of Poland. The purpose of this solution is to ensure the effective performance of tasks by the local government.

scholarly journals Problems of implementation of constitutional rights and freedoms of man and citizen in the context of COVID-19

2021 ◽  
Vol 2021 (1) ◽  
pp. 42-53
Author(s):  
Pavel Astafichev
Keyword(s):  
Cultural Values ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
Point Of View ◽  
Constitutional Rights ◽  
Personal Privacy ◽  
Education Access ◽  
Constitutional Principle ◽  
Constitutional Right ◽  
The Right

The article is devoted to the study of a range of problems concerning the implementation of constitutional human rights and freedoms in the context of the threat of the spread of a new coronavirus infection. The author states that from the point of view of the implementation of the institution of constitutional rights and freedoms of man and citizen, the legal regulation pattern was likely to be the strengthening of guarantee of the constitutional right to the protection of life and health, in part, to the detriment of other constitutional rights and freedoms, first of all – the right to freedom of movement, personal privacy, work, freedom of individual enterprise, right to education, access to arts, culture and cultural values and use of cultural establishments. In case of COVID-19, preference was forced upon de facto federalism, which implies a reasonable decentralization of the subjects of jurisdiction and powers, vertical sharing of powers to guarantee the constitutional principle of separation of powers. The article proves that the executive power has the right to plan and organize sanitary and anti-epidemiological, preventive and even restrictive measures, but it cannot limit the constitutional rights and freedoms of citizens bypassing the will of the representation of the people in a democratic society. In extremis, when circumstances require an immediate solution, it is possible only for a very short time, used by a representative body to fully discuss and make a proper decision.

scholarly journals Analisis Kebijakan Peraturan Daerah Yang Mengandung Materi Muatan Ajaran Islam Di Kota Palembang

2018 ◽  
Vol 18 (2) ◽  
pp. 147-166
Author(s):  
Kiki Mikail
Keyword(s):  
Local Government ◽  
Common Good ◽  
General Rule ◽  
Free Variable ◽  
Regional Government ◽  
Descriptive Research ◽  
The Republic ◽  
The Right ◽  
Article 5 ◽  
Made In

This research is analytical descriptive research. This study places policy analysis and as the main and free variable that will influence the process of establishing a Regional Regulation as a dependent variable. In article 5 of the Republic of Indonesia Constitution states that the regional government has the right to determine regional regulations or other regulations in order to carry out regional autonomy.The local government of Palembang has issued three local government regulations that have Islamic sharia laws, namely regional regulation number 2 of 2004 concerning the eradication of prostitution, regional regulation number 11 of 2006 concerning the prohibition of circulation and sale of alcoholic products and local regulations on zakat. in order to be right on target and more effective, some variables need to be considered by Palembang stakeholders so that the Regional Regulations that are stipulated are not just legality, but more than that it must be a general rule that all local regulations are made in order for the common good Palembang community. Keywords : Political Analys, local goverment regulations, local autonomy, the politics of sharia law

scholarly journals Instruments for the implementation of the constitutional right to assemblies and participations in the digital space from Moldova

2021 ◽  
Author(s):  
Alexandru Tarna ◽  
Keyword(s):  
Point Of View ◽  
Fundamental Rights ◽  
The Internet ◽  
Human Society ◽  
Daily Lives ◽  
Digital Space ◽  
Constitutional Right ◽  
The Republic ◽  
The Right ◽  
The Impact

The protection of fundamental rights has become an axiom that no longer requires the luxury of argumentation. From another point of view, the protection of human rights on the Internet is only emerging. This is all the more so, as the internet plays an important role in people’s daily lives and in all aspects of human society. The impact of the Internet on social, economic and cultural activity is also growing. The scientific research will be devoted to the following aspects related to meetings and participations in the digital space in the Republic of Moldova: (1) freedom to choose web pages, applications or other services for setting up, joining, mobilizing and participating in groups and social assemblies; (2) the right to peaceful online protest; (3) freedom to use available online tools to participate in local, national and global public policy debates, legislative initiatives and public elections.

scholarly journals Regional Features in the Legislation of the Republic of Mordovia on Education

REGIONOLOGY ◽  
2019 ◽  
pp. 290-309
Author(s):  
Anastasia I. Beliaikina
Keyword(s):  
Russian Federation ◽  
Open Data ◽  
Legal Regulation ◽  
Right To Education ◽  
Education Material ◽  
Regional Features ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

Introduction. Education is of priority interest for the state. The future of Russia, its economic development, and the level of welfare in the society largely depend on its quality. Therefore, identification and study of the peculiarities of the legal regulation of the right to education in the regions of Russia is a relevant topic. The purpose of this paper is to investigate the legislation of the Republic of Mordovia on education, to identify whether consideration is given to socio-economic, national, geographical, ethnocultural, demographic and other features of the region when laws are made. Materials and Methods. The rules of the current legislation of the Russian Federation and the Republic of Mordovia on education were used as the materials for the study. Open data from municipal budgetary educational institutions of the Republic of Mordovia formed the information base of the research. The study employed the method of systemic and structural analysis, that of comparison, as well as the formal logical method. Results. The study has revealed the peculiarities of the region taken into account in the Republic of Mordovia in the process of rule-making in the field of education: the ethnic, economic, geographical, and socio-economic ones. It has been established that in the Republic of Mordovia additional guarantees are provided for the realization of the constitutional right to education: material support is provided to orphans and children left without parental care whose tuition is paid for from the federal or republican budget. Discussion and Conclusion. The research results made it possible to draw the conclusion that consideration of the peculiarities of Mordovia in regional legislation on education is at the appropriate level. Further research may be associated with identifying the regional features and introducing them into the legislation of the constituent entities of the Russian Federation. The data obtained will be useful to regional authorities and administrations of municipal districts when drafting regu­lations and drawing up programs for the development of education in the region.

scholarly journals Wybrane regulacje Kodeksu spółek handlowych w świetle konstytucyjnego modelu ochrony własności

2019 ◽  
pp. 115-136
Author(s):  
Paweł Ochmann
Keyword(s):  
Constitutional Law ◽  
Prima Facie ◽  
Point Of View ◽  
Company Law ◽  
Commercial Law ◽  
Squeeze Out ◽  
Constitutional Right ◽  
The Republic ◽  
The Right ◽  
A Company

The article confronts specific solutions adopted in the Code of Commercial Compa-nies and Partnerships with the patterns of the constitutional control of law resulting from the Constitution of the Republic of Poland in the form of the right of ownership. Its aim is to answer the question whether the constitutionality of commercial law institutions should be assessed autonomously, taking into account the specificity of commercial companies law. The author puts forward a thesis that just as there is a principle of autonomy of commercial law within the principle of unity of civil law, within the framework of constitutional law, the regulations of law and commerce also have autonomy which influences the process of assessing the conformity of particular subjects of control with the models defined in the Constitution of the Republic of Poland. As one of the specific elements of commercial law in relationto the Constitution, the necessity of weighing the opposing interests of the same good, i.e. the right to ownership is pointed out. The paper discusses in detail the institution of forced buyout (squeeze-out) in the context of the judgment of the Con-stitutional Tribunal (Case No. P 25/02). The issue of legitimacy to appeal against the resolution of the General Shareholders Meeting of a company from the point of view of the right of ownership is also discussed. In the author’s opinion, the right to appeal against the resolution, which prima facie at the constitutional law level could be associated with the constitutional right to a court, takes the form of a corporate right of a shareholder resulting from a constitutional right of ownership, of which a share is one of the forms. Therefore, it has a derivative character. The considerations contained in the text lead to the recognition of the admissibility of an autonomous interpretation of company law regulations when assessing their compliance with the Constitution. When assessing constitutionality, the legal char-acter and specificity of the subject of control should be taken into account.

scholarly journals Legislative and other measures taken by government to realise the right of children to shelter

2017 ◽  
Vol 7 (1) ◽  
pp. 53
Author(s):  
I Mc Murray ◽  
L Jansen Van Rensburg
Keyword(s):  
Local Government ◽  
Vulnerable Group ◽  
Economic Rights ◽  
Socioeconomic Rights ◽  
The Republic ◽  
Effective Development ◽  
The Right ◽  
Right Of Access ◽  
Legislative Measures

The Constitution of the Republic of South Africa , 1996 entrenches numerous socioeconomic rights. One of these socio-economic rights is contained in section 26 that grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. This article aims to examine the legislative and other measures taken by the state to realise the right to shelter of children. Firstly, the legislative measures taken specifically for the realisation of children's right to basic shelter as envisaged by section 28(1)(c) will be discussed. Thereafter attention will be drawn to those measures taken to ensure the progressive realisation of section 26. Section 26 provides everyone, including children, the right of access to adequate housing. Therefore, every measure taken to realise section 26 is indirectly applicable to the realisation of section 28(1)(c) and children's right to basic shelter. The conclusion may be drawn that most of the discussed legislative and other measures are aimed at realising everyone's right of access to adequate housing, this includes children. However, most of these measures make little mention of the specific right of children to basic shelter. It is regarded as inclusive in the overall application of the legislation. Once again, it must be stressed that these legislative and other measures, in order to comply with the standard of reasonableness, must regard the interest of children to be paramount. If such legislation does not provide for the interest of children as a vulnerable group, it can be argued that the relevant legislative measure is not constitutionally valid. It is submitted that national government must recognise the importance of the role of local government, and local government should increasingly assume policy-making and implementation powers in their area. This will go a long way to building local capacity to function as effective development facilitators. As far as the resource problem is concerned, corruption in municipalities should be eradicated, while municipal capacity to manage and mobilise resources must be enhanced.  The importance of co-operative government cannot be over emphasised. Without an effective integrated plan of action, which includes cooperation between all three spheres of government, as well as the participation of civil society, especially people who are directly affected by the implementation of socio-economic rights, realising the right of children to shelter will only exist on paper.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

scholarly journals Dignity, religion and freedom of expression in South Africa

2011 ◽  
Vol 67 (1) ◽  
Author(s):  
Jacobus C.W. Van Rooyen
Keyword(s):  
South Africa ◽  
South African ◽  
Freedom Of Expression ◽  
Sense Of Self ◽  
Point Of View ◽  
National Pride ◽  
Form Part ◽  
Self Worth ◽  
Constitutional Right ◽  
The Republic

The issue that this article dealt with is whether, in South African law, speech that infringes upon the religious feelings of an individual is protected by the dignity clause in the Constitution of the Republic of South Africa. The Constitution, as well as the Broadcasting Code, prohibits language that advocates hatred, inter alia, based on religion and that constitutes incitement to cause harm. Dignity, which is a central Constitutional right, relates to the sense of self worth which a person has. A Court has held that religious feelings, national pride and language do not form part of dignity, for purposes of protection in law. The Broadcasting Complaints Commission has, similarly, decided that a point of view seriously derogatory of ‘Calvinistic people’ blaming (some of) them as being hypocritical and even acting criminally is not protected by dignity. It would have to be accompanied by the advocacy of hatred as defined previously. The author, however, pointed out that on occasion different facts might found a finding in law that religion is so closely connected to dignity, that it will indeed be regarded as part thereof.

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