scholarly journals O ESTADO DE COISAS INCONSTITUCIONAL EM MATERIA AMBIENTAL: SEUS FUNDAMENTOS NA ADO 60/DF

2021 ◽  
Vol 5 (1) ◽  
pp. 20-32
Author(s):  
Airton Roberto Guelfi
Keyword(s):  
Natural Resources ◽  
Federal Government ◽  
The Political ◽  
Constitutional Court ◽  
Political Field ◽  
The Social ◽  
The Supreme Court ◽  
Qualitative Nature ◽  
State Of Affairs ◽  
Real State

This article aimed to highlight the social, political and administrative factors that underpinned the recent unconstitutional state of affairs decision on environmental matters in Brazil, issued by Minister Luís Roberto Barroso at ADO60/DF. The research was bibliographic and documentary and its approach was of a qualitative nature. The results remained evident in the social field throughthe various manifestations of hostilities of the Federal Government against individuals and legal entities engaged in the defense of the environment, in the political field through the decision to extinguish and relocate various bodies linked to the defense of natural resources and in the field administrative through the dismissal of several public agents occupying positions highlighted in the theme on the protection of the environment. In conclusion, it remains evident that Brazil is in a real state of affairs unconstitutional in environmental matters, with massive actions and omissions responsible for the unsustainable exploitation of environmental resources, resulting in the necessary performance of the Supreme Court as a Constitutional Court responsiblefor pointing out the actions and the respective inspection of their achievements.

scholarly journals Fundamentos constitucionais da proteção social: continuidades e ruturas

2016 ◽  
Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Political Action ◽  
The Political ◽  
Constitutional Court ◽  
Universal Principles ◽  
The Social ◽  
Political Choices ◽  
The Right

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

IMPACT OF ECONOMIC AND POLITICAL SITUATION IN THE REGION ON THE LEVEL OF SOCIAL TENSION

2021 ◽  
Vol 16 (2) ◽  
pp. 196-209
Author(s):  
A.A. ALEKSEYENOK ◽  
◽  
Yu.V. KAIRA ◽  
Keyword(s):  
Social Development ◽  
The Political ◽  
Two Dimensional ◽  
Sociological Analysis ◽  
Political Situation ◽  
Social Tension ◽  
The Social ◽  
State Of Affairs ◽  
Sociological Studies ◽  
Correlation Tables

The purpose of the article is to determine the influence of the socio-economic and socio-political situation in the Orel region on the level of social tension. The research methodology is a sociological analysis of the respondents' answers about the socio-economic and socio-political situation in the region, as well as the level of social tension using two-dimensional analysis and correlation tables. As a result, the importance of conducting monitoring sociological studies of the main indicators of the social development of the region has been substantiated. It was revealed that the population of the region believes that the state of affairs in the economic sphere in the region is much worse than in the country as a whole. Despite the fact that the majority of respondents note an improvement in the political situation in the region, the fact that every third resident of the region declares that it has deteriorated is quite alarming. The authors come to the conclusion that dissatisfaction with the socio-political and socio-economic situation directly affects the civic position of the population, affects the growth of social tension. It is summarized that social tension is a complex multifactorial phenomenon that cannot be interpreted unambiguously. Therefore, to monitor it, constant research should be carried out.

Economie des changements climatiques et structuration du champ de l’économie

2017 ◽  
Vol 57 (1) ◽  
pp. 31-58 ◽  
Author(s):  
Pauline Huet
Keyword(s):  
Climate Change ◽  
Qualitative Data ◽  
Research Area ◽  
The Political ◽  
Scientific Publications ◽  
Political Field ◽  
The Social ◽  
Peripheral Areas ◽  
Changements Climatiques

This article deals with the Economics of Climate Change (ECC). This research area emerged in the mid-1970s and has grown exponentially since the mid-2000s. This paper is based on Richard Whitley’s characterisation of the general economic field as a ‘partitioned bureaucracy’, which makes a distinction between the centre and peripheral areas. We use bibliometric data to highlight the structure of the ECC and measure to what extent Whitley’s category helps to understand this field better. To complete these quantitative data we use qualitative data, collected via survey and interviews, and we analyse scientific publications. With the help of this combination of data, we are able to provide some explanation of the structuration of the ECC, as well as the role of interdisciplinarity and links with the political field in this process. We also provide insights about the rise of climate change and global warming in the social hierarchy of objects in economics.

Law and Politics in Germany

1978 ◽  
Vol 26 (3) ◽  
pp. 348-362 ◽  
Author(s):  
Philip Blair
Keyword(s):  
Easy Access ◽  
The Political ◽  
Constitutional Court ◽  
Political Issues ◽  
Political Actors ◽  
Law And Politics ◽  
Basic Rights ◽  
The Social ◽  
Federal Constitutional ◽  
Post War

German politics are still influenced by the tradition of legalism. Constitutional provisions often serve as criteria of political argument, and constitutional principles (e.g. the ‘social state’) and basic rights may be portrayed as programmatic ‘commandments' justifying specific political demands. The corollary is a propensity towards judicial, and thus ‘authoritative’, solutions to political disputes. The post-war establishment of the Federal Constitutional Court with comprehensive constitutional jurisdiction and easy access for the political actors has subjected major political issues to legal adjudication. Increasingly appeal to the Court has become a weapon of opposition, resorted to by the Christian Democrats to challenge such measures as the Basic Treaty with East Germany and the Abortion Reform. Despite general self-restraint vis-à-vis the political authorities, the Court has sometimes construed basic rights expansively as ‘participatory’ rights to positive government action. Recently it has been criticised for ‘conservatism’ and a tendency to restrict future legislative discretion. The ‘politicization of justice’, emerging from the judicialization of politics, could affect respect for the Court as authoritative arbiter. But it may foster a healthier relationship between politics and the law.

scholarly journals Defining Judicial Independence and Accountability Post Political Transition

2019 ◽  
Vol 5 (2) ◽  
pp. 294
Author(s):  
Ibnu Sina Chandranegara
Keyword(s):  
Supreme Court ◽  
Political System ◽  
Judicial Independence ◽  
Political Transition ◽  
The Political ◽  
New Order ◽  
Constitutional Court ◽  
Judicial Corruption ◽  
The Supreme Court ◽  
Political Configuration

Indonesian constitutional reform after the fall of Soeharto’s New Order brings favorable direction for the judiciary. Constitutional guarantee of judicial independence as regulated in Art 24 (1) of the 1945 Constitution, has closed dark memories in the past. This article decides that the Judiciary is held by the Supreme Court and the judicial bodies below and a Constitutional Court. Such a strict direction of regulation plus the transformation of the political system in a democratic direction should bring about the implementation of the independent and autonomous judiciary. But in reality, even though in a democratic political system and constitutional arrangement affirms the guarantee of independence, but it doesn’t represent the actual situation. There are some problems that remain, such as (i) the absence of a permanent format regarding the institutional relationship between the Supreme Court, the Constitutional Court, and the Judicial Commission, and (ii) still many efforts to weaken judiciary through different ways such criminalization of judge. Referring to the problem above, then there are gaps between what "is" and what "ought", among others. First, by changing political configuration that tends to be more democratic, the judiciary should be more autonomous. In this context, various problems arise such as (i) disharmony in regulating the pattern of relations between judicial power actors, (ii) various attempts to criminalize judges over their decisions, and (iii) judicial corruption. Second, by the constitutional guarantee of the independence of the judiciary, there will be no legislation that that may reduce constitutional guarantee. However, there are many legislation or regulations that still not in line with a constitutional guarantee concerning judicial independence. This paper reviews and describes in-depth about how to implement constitutional guarantees of judicial independence after the political transition and conceptualize its order to strengthen rule of law in Indonesia

scholarly journals Eksistensi Partai Politik Lokal di Provinsi Papua Pasca Putusan Mahkamah Konstitusi Nomor 41/PUU-XVII/2019

2021 ◽  
Vol 15 (2) ◽  
pp. 103-120
Author(s):  
Galih Raka Siwi ◽  
Reviansyah Erlianto ◽  
Maharani Nurdin
Keyword(s):  
Human Rights ◽  
Political Parties ◽  
Political Party ◽  
Research Method ◽  
Secondary Data ◽  
The Political ◽  
Constitutional Court ◽  
Political Field ◽  
Legal Uncertainty ◽  
The Right

The existence of local political parties in Indonesia is a tangible form of the existence of special autonomy in a certain area. The specificity of a certain area is regulated in the 1945 Constitution Article 18B paragraph (1). In addition, the formation of local political parties is one of the human rights in the political field, as stated in Article 28E paragraph (3) of the 1945 Constitution. The research method uses a normative juridical approach with secondary data and analyzed descriptively qualitatively. Based on research, Papua Province has the right to form political parties (see Article 28 paragraph (1) of the Papua Province Special Autonomy Law). However, the phrase "political party" is considered to have multiple interpretations, thus creating legal uncertainty. Through the decision of the Constitutional Court Number 41/PUU-XVII/2019, the legal uncertainty can be guaranteed by the Constitutional Court Decision. In the future, by looking at the background and real needs of the Papua Province, it is possible to form a Local Political Party in the Papua Province, considering the condition of the Papua Province as a special autonomous region.Partai politik lokal di Indonesia merupakan wujud nyata adanya otonomi khusus di suatu daerah. Kekhususan suatu daerah diatur dalam UUD 1945 Pasal 18B ayat (1). Selain itu, pembentukan partai politik lokal merupakan salah satu hak asasi manusia di bidang politik, sebagaimana tercantum dalam Pasal 28E ayat (3) UUD 1945. Metode penelitian menggunakan pendekatan yuridis normatif dengan data sekunder dan dianalisis secara deskriptif kualitatif. Berdasarkan penelitian, Provinsi Papua berhak membentuk partai politik (lihat Pasal 28 ayat (1) UU Otsus Provinsi Papua). Namun, ungkapan “partai politik” dianggap memiliki multitafsir sehingga menimbulkan ketidakpastian hukum. Melalui putusan MK Nomor 41/PUU-XVII/2019, ketidakpastian hukum dapat dijamin oleh Putusan MK tersebut. Ke depan, dengan melihat latar belakang dan kebutuhan riil Provinsi Papua, dimung­kinkan dibentuknya Partai Politik Lokal di Provinsi Papua, mengingat kondisi Provinsi Papua sebagai daerah otonomi khusus.

scholarly journals FREEDOM DOMINATION OF RABINDRANATH TAGORE’S FREEDOM POETRY: A POSTCOLONIAL APPROACH

2021 ◽  
Vol 3 (1) ◽  
pp. 30
Author(s):  
Haris Prasetya Effendie
Keyword(s):  
Qualitative Research ◽  
Natural Resources ◽  
Social Life ◽  
Human Life ◽  
Literary Work ◽  
The Political ◽  
Rabindranath Tagore ◽  
The Social

War and Independence were made by all types of imperialism movement plot. A widely place  which contained natural resources, and people as the tribe was victimised to create the movement. Postcolonialism tells the wealth as freed to the motherland. The motherland or kingdom of great nationalism was called and a major attend to the nationalism day to pay the national bitter history with prayer. Kingdom of human life is wealth because the years moment has been calling human to study about political relation, nationalism relation, nationalism knowledge. Case of war and how the wealth is always in upper domination are how the poetry as a literary work to reflect the soul of cultural hope and denotation in the poetry line. Wealthy is a most appropriate statue to know the social life. The nationalism knowledge is freed because the structure of greatness what human must to study is education to speak about wealth after wealthy. Descent aspect was ordered to the identity of nation, but no less to join the political descent to  restart the freedom to some nation. The wisdom from any discipline to grow and refresh the freedom identity about nature and humanity. India has the nasionalism history as Indonesia when Rabindranath Tagore also talks about how the country speak about all the day long nationally wealth in his poetry to next their life. The research was a qualitative research to apply the Postcolonialism theory.

Enforcement of Federal Law against the German Länder

2017 ◽  
Author(s):  
Dirk Hanschel
Keyword(s):  
Law Enforcement ◽  
Federal Government ◽  
Party Politics ◽  
The Political ◽  
Constitutional Court ◽  
Federal Law ◽  
Political Dimension ◽  
Federal Law Enforcement ◽  
German Länder ◽  
Federal Constitutional

This chapter examines the various legal and political means of federal law enforcement by Germany’s Federal Government and by the Federal Constitutional Court. This is understood as a form of resolution of vertical power conflicts within federations. While by its nature the main focus of this chapter lies on the legal means of federal law enforcement within the context of the notion of executive federalism, it also devotes some attention to the political dimension. Since German federalism is strongly based on consensus and cooperation, this dimension is very important in practice. Where antagonism between the Federation and the Länder occurs (whether expressed in political or legal terms), it is frequently either motivated by party politics or triggered by matters where specific subnational interests are at stake. Apart from negotiation, adjudication by the Constitutional Court is one of the key instruments to deal with that.

Differentiated Human Rights of Migrant Spouses Based on Nationalities in Taiwan

2018 ◽  
Vol 19 (2) ◽  
pp. 81-112
Author(s):  
Te-Yuan Chien
Keyword(s):  
The United States ◽  
The Political ◽  
Constitutional Court ◽  
International Treaties ◽  
Political Issues ◽  
Chinese Exclusion ◽  
The Supreme Court ◽  
The Difference ◽  
Exclusion Act ◽  
To Receive

In Taiwan, there were 530,512 migrant spouses in 2017 and, among them, 337,838 (about 63.7 per cent) came from China. However, Chinese spouses have to spend two years more than other foreign spouses to receive residency. Due to the political complexities between China and Taiwan, this differentiated treatment is a controversial issue. Nevertheless, some advocates have urged legislators to propose amendments, whereas others support raising the issue in the Constitutional Court.This article contends that the period it takes for Chinese and other foreign spouses to receive residency should be equal. Furthermore, the article suggests that it is more suitable for the legislative branch to use its plenary power in dealing with the political issues than the judicial branch, similar to how the United States (us) resolved disputes after the enactment of the Chinese-Exclusion Act 130 years ago.This article begins with the political and legal background to the differentiated treatment issue in Taiwan. The second part begins with the bills in Congress to eliminate the difference and outlines the interpretation of the Constitutional Court in Taiwan regarding the Chinese issues. The third part discusses the similar discriminatory treatment of the Chinese in the us after the Chinese-Exclusive Act in 1882 and how the Supreme Court dealt with those disputes. Finally, considering international treaties and the sensitivity of the political issues, this article suggests, similar to the us approach, introduction of the doctrine of plenary congressional power and the political question doctrine to resolve the disputes.

scholarly journals La réforme des institutions centrales. Quelques jalons

2005 ◽  
Vol 25 (1) ◽  
pp. 173-188
Author(s):  
Gérald-A. Beaudoin
Keyword(s):  
Supreme Court ◽  
Federal Government ◽  
Proportional Representation ◽  
Constitutional Court ◽  
Supreme Court Of Canada ◽  
House Of Commons ◽  
Advantages And Disadvantages ◽  
The Supreme Court

« In this article the author envisages and studies the reform of the Senate, of the House of Commons and of the Supreme Court of Canada ; the function of the Governor General is also considered. A suggestion is made for introducing a system of mitigated proportional representation in the House of Commons, as proposed by the Pepin-Robarts report of January 1979. The authors analyses the advantages and disadvantages of an elected Senate, of a Senate whose members are appointed by the federal government or by the federal and provincial governments, of a second House which would constitute a House of the Provinces ; the author is aganist an equal representation of the provinces in the Senate. Professor Beaudoin favours a specialized constitutional Court of Canada, although he considers that such a reform is very unlikely to happen ; however, he adds that in any case, the Supreme Court is de facto a constitutional court to a certain extent. He recommends that the principle of dualism be more visible. Finally, the author describes how the function of Governor General has evolved since 1926, and outlines the role that the Governor General may play in normal and anormal times. »

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