scholarly journals Fraktionsausschluss. Zum Urteil des Verfassungsgerichtshofs Rheinland-Pfalz vom 29. Januar 2019 – VGH O 18/18

2019 ◽  
Vol 50 (2) ◽  
pp. 299-305 ◽  
Author(s):  
Siegfried Jutzi

A member of the Rhineland-Palatine state parliament failed in his appeal to the state Constitutional Court against his expulsion from the parliamentary group AfD (Alternative for Germany) . His parliamentary group had excluded him due to his contacts to right-wing extremists . Expulsions of this type are subject to a decision by the political group assembly, which must be taken in accordance with a minimum procedure under the rule of law and must be free from arbitrariness . The Constitutional Court regarded these conditions as given and emphasized that the parliamentary group had considerable room for maneuver in this respect which is not subject to constitutional control . This applies both to the investigation and to the assessment of the facts underlying the expulsion from the group .

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):  
Lyudmyla Bogachova ◽  

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.


2010 ◽  
Vol 8 (1) ◽  
pp. 293-296 ◽  
Author(s):  
Larry Diamond

Violence and Social Orders: A Conceptual Framework for Interpreting Recorded Human History (Cambridge 2009) offers a theory of the evolution of the modern state and an even more ambitious framework “for interpreting recorded human history.” The book raises fundamental questions about the political structuring of violence, the functions of the rule of law, and the establishment and maintenance of political order. In doing so, it speaks to a range of political scientists from a variety of methodological and subfield perspectives. We have thus invited four prominent political science scholars of violence and politics to comment on the book: Jack Snyder, Caroline Hartzell, Jean Bethke Elshtain, and Larry Diamond.


1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.


Author(s):  
Thomashausen André

This chapter recounts the history of constitutional developments in Angola leading up to the 2010 constitution. It introduces the new Angolan Constitutional Court and discusses the first and thus far only substantive decision of this Court—the Parliamentary Oversight Judgment of 9 October 2013—a serious constitutional conflict between parliament and the president. The Court held that the 2010 constitution had reduced the powers of parliament as compared to the previous text and that parliament lacked the power to question the executive or to summon ministers to hearings before it. Since these are presidential powers, the Court held, parliament may not arrogate them, though it may request the president to supply information or order his ministers before it. Although the conservative leaning of the Court in this dispute disappointed the opposition and many commentators, the judgment strengthened the rule of law and of the constitutional state.


2010 ◽  
Vol 8 (1) ◽  
pp. 287-289 ◽  
Author(s):  
Jack Snyder

Violence and Social Orders: A Conceptual Framework for Interpreting Recorded Human History (Cambridge 2009) offers a theory of the evolution of the modern state and an even more ambitious framework “for interpreting recorded human history.” The book raises fundamental questions about the political structuring of violence, the functions of the rule of law, and the establishment and maintenance of political order. In doing so, it speaks to a range of political scientists from a variety of methodological and subfield perspectives. We have thus invited four prominent political science scholars of violence and politics to comment on the book: Jack Snyder, Caroline Hartzell, Jean Bethke Elshtain, and Larry Diamond.


ICL Journal ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 105-115
Author(s):  
Julia Dorner ◽  
Anna Volgger

Abstract The decision of the Austrian Constitutional Court to annul the run-off election of the Federal President in 2016 has caused a broad (and overdue) discussion in the field of voting regulations. The important task of electoral jurisdiction conferred to the Constitutional Court is highly delicate, linking the political and democratic process to the competence of the Constitutional Court to safeguard the rule of law and the constitutionality of elections.


2017 ◽  
Vol 13 (25) ◽  
pp. 28 ◽  
Author(s):  
H Erli Salia

The Constitutional Court is the state agency that was born after the reform in 1999. Through the changes to the Constitution of 1945, the Constitutional Court is authorized to examine  laws (acts) against the Constitution. In addition there are other powers to protect the fundamental rights relating to the constitutional rights of citizens. As a state agency has the authority of the Constitutional Court, among others, as the supreme interpreter of the constitution in addition to realizing the democratic government, the Constitutional Court to act as the guardian of democracy, protection of constitutional rights of citizens and the protection of human rights.Key words: the rule of law, democracy, constitutional court


2019 ◽  
Vol 9 ◽  
pp. 15-29
Author(s):  
Aswasthama Bhakta Kharel

 Democracy allows the expression of political preferences of citizens in a state. It advocates the rule of law, constraints on executive’s power, and guarantees the provision of civil liberties. It also manages to ensure human rights and fundamental freedoms of people. In democracy, people are supposed to exercise their freely expressed will. Ordinary people hold the political power of the state and rule directly or through elected representatives inside a democratic form of government. Democracy is a participatory and liberal way of governing a country. Different countries in the world have been practicing various models of democracy. There remains the participation of people in government and policy-making of the state under democracy. But when the majority can pull the strings of the society without there being legislation for protecting the rights of the minority, it may create a severe risk of oppression. Many countries of the world at the present time are facing democratic deficits. In several countries, the democratic practices are not adequately regulated and governed, as a result, the rise of violations of rules of law is observed. Even a few countries practicing democracy are not living peacefully. This situation has put a significant question about the need and sustainability of democracy. Democracy is a widely used system of governance beyond having several challenges. Here the concept, origin, models, dimensions, practices, challenges, solutions, and future of democracy are dealt to understand the structure of ideal democracy.


2005 ◽  
Vol 67 (1) ◽  
pp. 77-112 ◽  
Author(s):  
Sean Mattie

Locke's Second Treatise of Government argues for the rule of law as just and rightful politics, not only in the fundamental legislation that is the constitution but also in regular governance by the legislature. Locke also argues for executive prerogative, the power of doing good without or even against law during contingency and necessity. Rule by legislation and rule by prerogative each preserve the political community and reflect its foundation out of the state of nature. But they do not easily coexist in the constitution, which provides no means to judge the rightful use of prerogative. President Lincoln's strong, discretionary actions during the crisis of the Civil War illustrate Locke's argument about prerogative's fundamental importance and its problematic relation to ordinary lawfulness. However, as Lincoln recognized, both the Constitution and Congress formally provided for an executive power that was remarkably compatible with the rule of law—and that thereby responded to the Lockean problem.


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