The constitutional crisis in Poland as a negative model of Hans Kelsen’s constitutional judiciary idea

2016 ◽  
Vol 2 (1) ◽  
pp. 58-59
Author(s):  
Sławomir Piekarczyk
Keyword(s):  
Related Issue ◽  
Constitutional Court ◽  
Policy Makers ◽  
The Face ◽  
Hans Kelsen

In the face of constitutional crisis in Poland, initiated in 2015 and ongoing to this day, it is essential for academics to describe legal events and rationales constituting the crisis using such measures so that issues associated with the crisis are descried in the most objective manner possible. This paper attempts to describe the rationale and activities of antagonistic parties to the dispute from the perspective of relevant issues, which one of the most prominent authors of the European idea of constitutional judiciary - Hans Kelsen pointed out in his paper “Essence and development of constitutional judiciary”, already in 1928. Deliberations covered in this article focus - from general issues - on the issues of systemic political motives as a threat to the guarantee of compliance of normative acts with the Constitution and issues relating to the authority competent to repeal unlawful acts. It also discusses specific problems concerning personal substrate of constitutional court, as well as the related issue of the presumption of constitutionality, and publishing of the court’s judgments. Comparison between topics undertaken by Kelsen with aspects of the constitutional crisis allows to draw a general conclusion that the actions of policy makers resembles a negative model of Kelsen’s idea of effective constitutional judiciary.

Measurement of Vulnerability of Financial Portfolio of Sharia Commercial Banks by Cardona Method

2017 ◽  
Vol 9 (2) ◽  
pp. 109
Author(s):  
Paulina Harun ◽  
Atman Poerwokoesoemo
Keyword(s):  
Commercial Banks ◽  
Quantitative Research ◽  
Banking Sector ◽  
Banking Industry ◽  
Policy Makers ◽  
Factors Affecting ◽  
Section Data ◽  
Initial Stage ◽  
The Face ◽  
Asset Portfolio

his study aims to: (1) to know and analyze the extent of volatility (vulnerability) of sharia banking industry in Indonesia in the face of competition (2) to know and analyze factors affecting vulnerability of sharia commercial banks; (3) to know and analyze the extent of sustainable development of sharia banking industry to Indonesia's economic development.The research conducted to measure the vulnerability (volatility) of proto folio of syariah bank using observation period 2015, and the data used is cross section data. The research design used in this research is quantitative research, using asset dimension (asset portfolio, liability portfolio, equity portfolio) and stressor (pressure, including: credit risk, market risk, and liquidity risk).The activity plan of this research is: in the initial stage of conducting theoretical study related to the vulnerability related to banking especially BUS; The next step is to determine the asset and stressor dimensions associated with the BUS; Further determine the indicators related to assets and stressors; The next step performs calculations to determine the index of each BUS as well as the dimensions that affect the vulnerabilities faced by each BUS.Target expected outcomes can be generated from this research is: for the object of research (BUS) provide a solution for BUS to deal with and overcome the vulnerabilities encountered and policies that must be done. For policy makers, the results of this study are expected to provide input in decision-making and other policies.Measurement of vulnerability to be performed related to banking operations in the face of competition and the continuity of BUS in Indonesia. The outcomes of this study are expected to be included in Bank Indonesia journals, the selection of this journal is based on studies conducted in the banking sector, especially BUS in Indonesia.

scholarly journals National and regional trends in MRI utilization in the face of the ongoing COVID-19 pandemic

2021 ◽  
Vol 10 (1) ◽  
Author(s):  
Osnat Luxenburg ◽  
Mor Saban ◽  
Vicki Myers ◽  
Sharona Vaknin ◽  
Noga Boldor ◽  
...  
Keyword(s):  
Waiting Times ◽  
National Level ◽  
Metropolitan Region ◽  
Third Wave ◽  
Policy Makers ◽  
Unequal Distribution ◽  
Elective Surgical Procedures ◽  
Regional Trends ◽  
The Face ◽  
Magnetic Resonance Imaging Mri

Abstract Background and purpose Marked reductions in imaging exams have been documented during the COVID-19 pandemic. The study aimed to examine the effect of the two waves of COVID-19 on magnetic resonance imaging (MRI) utilization at the national and regional level. Materials and methods A retrospective-archive study was conducted in Israel, comparing March–December 2020 with March–December 2018 and 2019. Data on MRI utilization were obtained from the national MRI registry, while data on confirmed COVID-19 cases, by place of residence, were obtained from the Israeli Ministry of Health open COVID-19 database. Results The number and rate of MRI examinations decreased during the first COVID-19 wave, with the steepest drop in April 2020: 47.5% relative decrease compared to April 2019, and 42.2% compared to 2018. This was followed by a compensatory increase between the waves and a return to almost pre-pandemic levels of use, with just a modest decrease, during the second, more intense COVID wave, compared with the previous year. Existing differences between regions increased during the pandemic. The rate ratio of MRI exams between Tel-Aviv and the Northern periphery increased from 2.89 in April 2019 to 3.94 in April 2020. Jerusalem metropolitan region, with the largest burden of COVID disease, demonstrated only a modest decrease (1%) in MRI utilization during the first 10 months of the pandemic. Conclusions At the national level, time trends in reduced MRI utilization followed the first wave of COVID-19, and were accompanied by increased regional disparities. These changes were not explained by differences in the burden of COVID-19 disease but might be explained by unequal distribution of MRI scanners among regions. Reduced utilization was not evident during the second wave, nor at the beginning of the third wave, despite higher COVID-19 case load, demonstrating adaptation to the new normal. Patterns of MRI utilization might help policy-makers and healthcare managers predict the behavior of imaging as well as other sectors, such as elective surgical procedures, during an ongoing pandemic. This forecast might help to manage the lasting effects of the pandemic, including extended waiting times, in the months and years following its remission. In preparation for future national emergencies, timely and detailed data on MRI utilization can serve as a “sensor” for a wide array of diagnostic and interventional medical activities, providing policy-makers with an updated snapshot to guide their response at the regional and national levels.

European Strategic Autonomy: The Test Case of Iran

2021 ◽  
Vol 8 (3) ◽  
pp. 443-477
Author(s):  
Sascha Lohmann
Keyword(s):  
United States ◽  
The United States ◽  
Test Case ◽  
The European Union ◽  
Policy Makers ◽  
Special Purpose Vehicle ◽  
The Face ◽  
Global Peace ◽  
Security Actor ◽  
Strategic Autonomy

Abstract The ideal of the European Union (EU) as a global peace and security actor is increasingly clashing with the reality of a multipolar world defined by militarised conflict, and a loosening of the formerly close trans-Atlantic relationship with the United States. European policy-makers have identified strategic autonomy as a possible remedy in the face of a growing number of internal and external security threats. This paper adds to the conceptualisation of strategic autonomy by contextualising its current usage and political genealogy. Empirically, European strategic autonomy is examined concerning the efforts to preserve the Iranian nuclear deal after the Trump administration had ceased US participation in May 2018. In particular, the paper assesses the European response to counter the re-imposed unilateral United States (US) sanctions against European individuals and entities by updating the so-called blocking regulation, and setting up a special purpose vehicle (spv) for facilitating trade with Iran. The results show that the European struggle toward achieving strategic autonomy has largely failed, but that it holds valuable lessons to approximate this ideal in the future.

scholarly journals Interdependance, linkage et système international : de l'analyse conceptuelle aux problèmes de politique étrangère

2005 ◽  
Vol 18 (2) ◽  
pp. 329-352
Author(s):  
Irnerio Seminatore
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
International System ◽  
Political Context ◽  
International Policy ◽  
Policy Makers ◽  
The North ◽  
Interdependence Theory ◽  
The Face ◽  
The Impact

The emergence and evolution of the literature dealing with interdependence in the international System is looked into. An attempt is made to show its significance and main points as well as its implications. The debates on interdependence within the North-American political context are regarded as solutions to the preceding issues on dependence. Interesting passages are dedicated to the impact of the interdependence theory on the interpretation of the international system, as illustrated by two schools of thought in foreign policy (Kissinger-Brzezinski). Linkage of the tactical and strategic aspects to the economic and political interrelation of international relations, as put forward by policy makers, has brought to the fore the difficulties and limits of negotiation in the face of competition and in the aftermath of confrontation. This paper offers subtle, yet positive, conclusions on the use of the interdependance theory in international policy.

Islamo-nationalism, domestic politics, and Bangladesh’s policy of balancing against India since the 1990s

2018 ◽  
Vol 21 (4) ◽  
pp. 340-364
Author(s):  
Md. Abdul Mannan
Keyword(s):  
Political Parties ◽  
South Asia ◽  
Domestic Politics ◽  
The Self ◽  
Weak States ◽  
Policy Makers ◽  
Nationalist Party ◽  
The Face ◽  
Islamic Identity

This article examines the connection between politics of Islamo-nationalism in Bangladesh and Bangladesh’s policy of balancing against India. In response to India’s regional supremacy in South Asia, especially India’s dominance over Bangladesh, policy makers in Bangladesh have constantly faced two options: either ‘bandwagoning’ with India, or ‘balancing’ against the regional hegemon. Interestingly, since the 1990s until 2013, Bangladesh’s response has always swung from one side to another – from bandwagoning to balancing – in connection with the rotation of Bangladesh regime between two major political parties: the Bangladesh Nationalist Party (BNP) and the Bangladesh Awami League (AL). Bangladesh – with the BNP’s hold on power – preferred a policy of balancing against India’s dominance. During the regime of the AL, such policy dramatically shifted towards bandwagoning with India. The BNP’s preference for a balancing policy constitutes a puzzle. Weak states – which are not capable of changing unequal outcomes in the face of a preponderant power – generally pursue a policy of bandwagoning. Thus, the puzzle is as to why Bangladesh – despite being a weak actor vis-a-vis India’s overwhelming regional supremacy – pursued a policy of balancing against India during the BNP’s hold on power. This article asserts that the BNP’s politics of Islamo-nationalism is a key variable that can answer the above puzzle. The ‘self–other’ notion of Islamo-nationalism defines the national ‘selfness’ of Bangladesh in terms of the Islamic identity for its overwhelming Muslim masses, and constructs India, henceforth in this article, ‘Hindu India’, as the ‘enemy–other’ to ‘Muslim Bangladesh’.

scholarly journals Yudisialisasi Politik dan Sikap Menahan Diri: Peran Mahkamah Konstitusi dalam Menguji Undang-Undang

2016 ◽  
Vol 12 (3) ◽  
pp. 473
Author(s):  
Bisariyadi Bisariyadi
Keyword(s):  
Policy Making ◽  
Constitutional Court ◽  
Theoretical Justification ◽  
Policy Makers ◽  
Aggressive Approach ◽  
Legal Policy ◽  
State Institutions ◽  
Law And Policy ◽  
Executive Discretion ◽  
Judicialization Of Politics

In a review of the constitutionality of law or policy, the Constitutional Court can take an aggressive approach or choose to take self-restraint. Theoretical justification on the Court to change or made policy derived from the judicialization of politics. Global phenomenon indicates the shift of policy-making authority towards the judiciary. Consequently, policy makers shows resistence. Such conditions forced the Court to use a number of strategies to reduce political tensions between state institutions while at the same time the Court still protect the rights of citizens. The Court uses self-restraint approach to examine policies which in realm of legislative or executive discretion. This approach is referred to by the Court as an “open(ed) legal policy”. This study elaborates on the actions carried out by the Indonesian Constitutional Court to test the constitutionality of law or policy, both in the application of the judicialization of politics nor in the judicial restraint approach. In reality, the Court uses both of these approaches on review the constitutionality of law and  policy.

scholarly journals The Responsibility of Courts in Maintaining the Rule of Law: Two Tales of Consequential Judicial Self-Restraint

2021 ◽  
pp. 155-181
Author(s):  
Pál Sonnevend
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
The European Union ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
Legislative Power ◽  
The Face ◽  
The Law

AbstractModern constitutionalism is based on the paradigm that courts are inherently entitled and obliged to enforce the constitution of the respective polity. This responsibility of courts also applies in the context of the European Union to both the CJEU and national constitutional courts. The present chapter argues that in the face of constitutional crises the CJEU and the Hungarian Constitutional Court shy away from applying the law as it is to the full. The reasons behind this unwarranted judicial self-restraint are most different: the CJEU aims to avoid conflicts with national constitutional courts whereas the Hungarian Constitutional Court has been facing a legislative power also acting as constitution making power willing to amend the constitution to achieve specific legislative purposes or to undo previous constitutional court decisions. Yet both courts respond to expediencies that do not follow from the law they are called upon to apply. It is argued that rule of law backsliding requires these courts to abandon the unnecessary self-restraint and exploit the means already available.

scholarly journals Introduction: Framing Economic Exclusion

2021 ◽  
pp. 25-30
Author(s):  
Jim Ogg ◽  
Michal Myck
Keyword(s):  
Labour Market ◽  
Old Age ◽  
Working Life ◽  
Economic Consequences ◽  
Policy Makers ◽  
The Past ◽  
Economic Exclusion ◽  
The Face ◽  
Older Citizens ◽  
Multidimensional Concept

AbstractEconomic exclusion is a multidimensional concept that has particular relevance in the context of ageing populations and globalised economies. Sustaining adequate incomes in old age and protecting older citizens from poverty are major challenges for governments and policy makers and they have been amplified in the face of the economic consequences of the COVID-19 pandemic. Over the past few decades most countries have made adjustments to their pension systems and other welfare related policies that concern older citizens, and these reforms have already had and will continue to have a differential impact on economic exclusion. For some, extending the working life and pushing back the legal age of retirement can be a safeguard against inadequate incomes in old age, while for others who are excluded from the labour market, or who are working in low paid jobs, economic exclusion remains a reality. The labour market implications of the pandemic are likely to exacerbate this risk for those whose situation was already fragile before the crisis.

Why Is China Unwelcome in Taiwan? Cultural Alienation, Democratic Anxiety or Economic Loss in Explaining Taiwanese Resistance to China

2017 ◽  
Vol 53 (04) ◽  
pp. 1750011 ◽  
Author(s):  
WEI-FENG TZENG ◽  
KUAN-CHEN LEE ◽  
CHRISTOPHER MACAULAY
Keyword(s):  
Economic Loss ◽  
Policy Implications ◽  
Economic Interest ◽  
Data Set ◽  
Policy Makers ◽  
Attitudinal Factors ◽  
Cultural Alienation ◽  
The Face ◽  
Chinese Tourists ◽  
Chinese Workers

This paper explores the factors that affect Taiwanese citizens’ resistance to closer relations with China. Elements in Taiwanese society have recently exhibited a strong sense of anxiety in the face of a rising China. Distinct from the past military confrontation between China and Taiwan, more recently, Taiwanese citizens have been subject to a strengthening of cross-Strait relations and interactions, which makes their rising resistance to China puzzling. To empirically and theoretically explain why Taiwanese are resistant to closer ties with the mainland, we discuss three potential sources: cultural alienation, democratic anxiety, and economic interest. We test the effects of these three attitudinal factors on Taiwanese resistance to Chinese tourists, students, and workers using the China Impact Survey 2012 data set. The findings suggest that democratic anxiety, economic interest, and cultural alienation are all strong predictors in accounting for the public’s resistance to Chinese tourists and students, while economic interest is the most powerful factor in Taiwanese attitudes toward policies regarding Chinese workers. The findings provide important policy implications for policy makers in dealing with cross-Strait relations.

A gendered approach to understanding climate change impacts: lessons from a coastal region of Bangladesh.

2021 ◽  
pp. 11-25
Author(s):  
S. Momtaz ◽  
M. Asaduzzaman ◽  
Z. Kabir
Keyword(s):  
Climate Change ◽  
Focus Group ◽  
Adaptive Capacity ◽  
Coastal Region ◽  
Climate Change Impacts ◽  
Household Surveys ◽  
Group Discussions ◽  
Policy Makers ◽  
Key Informant ◽  
The Face

Abstract The purpose of this chapter is to understand the vulnerability of women's livelihoods to climate change impacts in Bangladesh. Data were collected through a survey of 150 randomly selected women from a sample of households. Focus group discussions, key informant interviews, participant observations, and a transect walk, provided supporting information to substantiate the household surveys. The chapter first outlines the theoretical foundation on which the research is based. This is followed by examining women's vulnerability in the study area. The chapter then describes women's coping strategies in the face of climate change-induced disasters. The chapter further explores women's adaptive capacity through the examination of their access to various services. It ends with a set of recommendations for policy makers in order to improve the situation of women's vulnerability.

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