scholarly journals Constitutional position of the President of the Republic of Srpska in the light of comparative law

2021 ◽  
pp. 231-247
Author(s):  
Darko Golić
Keyword(s):  
State Government ◽  
Comparative Law ◽  
Executive Branch ◽  
The State ◽  
Form Of Government ◽  
Presidential System ◽  
The Republic

Although the Constitution of the Republic of Srpska was created in extremely complex circumstances, exposed to multiple, often violent changes, the underlined constitutional concept of the organization of power and the position of the President of the Republic remained unchanged. Thanks to that fact, the Constitution of the Republic of Srpska confirmed its vitality, and enabled the stable functioning of the state government. Although the semi-presidential system (of power) implies certain elements common to all variants, there are numerous specifics of its different manifestations. In this regard, one can observe the position of the President of the Republic of Srpska, who, in addition to immediate legitimacy, has vast and independent powers, which make him the true head of the executive branch. In light of these characteristics of the position of the President of the Republic, one can speak of a stronger semi-presidential form of government. Having in mind determinism of existing solutions, the similarity with comparative models, and bearing in mind certain specifics, the author is of the opinion that established solution should not be changed.

scholarly journals Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals State Use Provisions for Patent Law, and Expropriations: Some Comparative Law Guidelines for South Africa during the Covid-19 Crisis and Beyond

2020 ◽  
Vol 23 ◽  
pp. 1-35
Author(s):  
Mikhalien Du Bois
Keyword(s):  
South Africa ◽  
State Government ◽  
Patent Law ◽  
The State ◽  
Patent Owner ◽  
Canadian Law ◽  
Patent Rights ◽  
The Republic ◽  
The Government ◽  
Suitable Framework

This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of 1994 (hereafter TRIPS). The purpose is to find a suitable framework for the state/government use/utilisation of patented products or processes for public purposes. A comparison is done with the Crown use provisions in United Kingdom, Australian and Canadian law to find a suitable approach to questions relating to remuneration for state use, the prior negotiations requirement set by Article 31 of TRIPS, and the public purposes and exclusive patent rights that would be included under state use. The COVID-19 international pandemic has caused a state of national disaster in South Africa, which is exactly the kind of situation of extreme urgency envisioned by the exception in Article 31 of TRIPS, which permits the state use of patents without requiring prior negotiations with the patent owner. In the battle against COVID-19 and its concomitant fallout, the South African government (and authorised private parties) would be permitted to utilise patent rights without explicit authorisation from the patent owner and without prior negotiations, but subject to the payment of reasonable remuneration by the government and other terms and conditions as agreed upon or as determined by a court. This may include making (manufacturing), using, exercising, and importing patented products (for example, personal protective equipment, pharmaceuticals, ventilators and diagnostic tests) deemed necessary in the fight against COVID-19. Foreign jurisdictions considered in this article indicate that section 4 of the Patents Act 57 of 1978 may certainly benefit from an update to provide detailed guidance on the state use of patented products or processes for public purposes. In the interest of a timeous offensive against the COVID-19 virus, the patent provisions need a speedy update to allow state use compliant with TRIPS and the Constitution of the Republic of South Africa, 1996.

Coalition Governments Fiscal Implication for the Indian Economy

2005 ◽  
Vol 3 (1) ◽  
Author(s):  
Mala Lalvani
Keyword(s):  
Social Services ◽  
State Government ◽  
State Level ◽  
The State ◽  
Capital Expenditures ◽  
Indian Economy ◽  
Coalition Governments ◽  
Form Of Government ◽  
Government Level

The Indian polity has been through 43 coalition governments at the state level between 1966/67 and 1998/99. In the present study we attempt to examine what this change in form of government from single party to coalitions has meant for the economy. The results of our study which examines the post 1980 period give us reason to be optimistic. Coalitions at the state government level appear to have, on an average, done well to increase capital expenditures particularly capital expenditures on social services and other developmental categories. They have, however, not succeeded in taking politically hard decisions of curbing revenue expenditures and revenue deficits. It is our contention that the weak majority of coalition governments is their major strength. The tenuous hold of coalitions on power gives them a license for undertaking reforms. If the opportunity is taken to undertake the more ‘politically difficult’ reforms to prune revenue expenditures then the ‘era of coalitions’ would turn out to be a blessing in disguise for the Indian economy

Federalism and Caudillismo in the Mexican Revolution: The Genesis of the Oaxaca Sovereignty Movement (1915–20)

1985 ◽  
Vol 17 (1) ◽  
pp. 111-133 ◽  
Author(s):  
Paul Garner
Keyword(s):  
State Government ◽  
Mexican Revolution ◽  
State Legislature ◽  
Federal Agencies ◽  
The State ◽  
Southern Mexico ◽  
Sovereign State ◽  
Course Of Action ◽  
The Republic ◽  
The Town

On 3 June 1915 the state legislature of Oaxaca in southern Mexico issued a decree which proclaimed that the ‘free and sovereign state of Oaxaca reassumes its sovereignty until such time as constitutional order is restored in the republic’ (i.e. in accordance with the Constitution of 1857). Governor José Inés Dávila therefore declared that the executive and legislative branches of the state government would assume control and responsibility over the federal agencies and services within the state. The justification for this dramatic course of action, taken at the height of a period of intense civil war in Mexico, was the decree issued by Venustiano Carranza in December 1914, which had suspended the Constitution in favour of a ‘temporary’ period of pre-constitutional government over which he was personally to retain strict executive control as First Chief of the Constitutionalist Army – thus effectively dissolving the constitutional base of the federation. The immediate casus belli was the occupation of the town of Pochutla on Oaxaca's Pacific coast on 1 May by a detachment of Constitutionalist troops, in what Governor Inés Dávila described as ‘a preconceived plan of attack on the sovereignty of the state’.

scholarly journals KONSEPSI NEGARA HUKUM PANCASILA DAN IMPLEMENTASINYA DI INDONESIA

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. 43-52
Author(s):  
Tubagus Muhammad Nasarudin
Keyword(s):  
State Government ◽  
Rule Of Law ◽  
The State ◽  
Mutual Cooperation ◽  
The Rule Of Law ◽  
Free Trial ◽  
Government Power ◽  
The Difference ◽  
The Republic ◽  
The One

The rule of law in the perspective of Pancasila which can be termed the law state of Indonesia or the rule of law state of Pancasila besides having the same elements as the rule of law in the rechtstaat and rule of law, also has specific elements that make the Indonesian law state different from the concept of the state generally known law. The difference locates in the values contained in the Preamble to the 1945 Constitution which contain Pancasila with the principles of the Belief in the one and only God and the absence of separation between the state and religion, the principle of deliberation in the implementation of state government power, the principle of social justice, kinship and mutual cooperation, as well as laws that serve the integrity of the unitary state of Indonesia. The Pancasila Law State concept is characterized by: (1) Close relations between religion and state (2) Stand on the one and only God (3) Freedom of religion in a positive sense (4) Atheism is not justified and communism is forbidden and (5) The principle of kinship and harmony. As for the main elements of the Republic of Indonesia Law State are: (1) Pancasila (2) MPR (3) Constitutional system (4) equality and (5) Free trial.

DRŽAVNO PRAVOBRANILAŠTVO – POLOŽAJ, ORGANIZACIJA I NADLEŽNOST

2021 ◽  
pp. 323-334
Author(s):  
Ružica Kijevčanin ◽  
Keyword(s):  
Executive Function ◽  
Property Rights ◽  
State Government ◽  
The State ◽  
Legal Representation ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
Future Work

The State Attorney's Office of the Republic of Serbia was established by the Law on the Attorney General's Office as a state body whose competence is reflected in the performance of the attorney's office function. It represents one segment of the executive function of the state government, which consists in the realization and protection of property rights and interests of the state, through legal representation and counseling of the Republic of Serbia, ie its bodies and organizations. The law leaves the possibility of determining the Attorney General's Office by a sub-legal general act at the level of autonomous provinces, as well as local self-government units. It regulates in detail other key issues such as organization, competencies, control that will be the subject of analysis in future work. The study of the origin and development of this institution pointed out the great importance that belonged to it through time and different state systems. Inspired by the role it played in the state of Serbia, the author devoted himself to interpreting some aspects of this topic.

scholarly journals Crítica à interferência entre os poderes à luz da teoria de luhmann e a nova lei de abuso de autoridade

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Abel Dionizio Azeredo ◽  
Carlos Eduardo Soares Vaz
Keyword(s):  
State Government ◽  
Executive Branch ◽  
The State ◽  
Niklas Luhmann ◽  
The Public ◽  
Systemic Theory ◽  
Law And Politics ◽  
Relationship Of ◽  
The Relationship ◽  
State Context

<p><strong>Criticism of the interference between powers in the light of luhmann's theory and the new law of abuse of authority</strong></p><p><strong>RESUMO</strong>: O presente artigo busca explicar, à luz da teoria sistêmica de Luhmann, as interações entre Direito e Política, especificamente na relação de poderes no sistema estatal tripartite, culminando na nova lei de abuso de autoridade. Utiliza de metodologia baseada na análise de estudos teóricos, qualitativos e descritivos, através de levantamento de material bibliográfico quanto à teoria sistêmica de Niklas Luhmann aplicada ao contexto estatal brasileiro atual, podendo ser enquadrado no eixo temático Estado, Governo e Sociedade. A pesquisa expõe terminologias dos estudos de Luhmann e seus significados, para compreensão da teoria sistêmica, interligando-se em dois caminhos: a diferenciação entre Direito e Política e seu acoplamento estrutural, apresentando crítica quanto à interferência entre os poderes, especialmente a constituição de um Tribunal Político atuando nas políticas públicas reservadas à Administração Pública do Poder Executivo e, por outro lado, a atuação legiferante dos Poderes Executivo e Legislativo na limitação de atuação do Poder Judiciário, especialmente na recente nova lei de abuso de autoridade.</p><p><strong>Palavras-chaves</strong>: Poderes estatais, direito e política, teoria sistêmica de Niklas Luhmann, tribunal político, lei de abuso de autoridade.</p><p><strong>Abstract:</strong> This article seeks to explain, in the view of Luhmann's systemic theory, the interactions between Law and Politics, specifically in the relationship of powers in the state tripartite system, culminating in the new law of abuse of authority. It uses a methodology based on the analysis of theoretical, qualitative and descriptive studies, through the survey of bibliographic material regarding niklas Luhmann's systemic theory applied to the current Brazilian state context, and can be framed in the state, government and society thematic axis. The research exposes terminologies of Luhmann's studies and its meanings, to understand systemic theory, interconnecting in two paths: the differentiation between Law and Politics and its structural coupling, presenting criticism about the interference between the powers, especially the constitution of a Political Court acting in public policies reserved for the Public Administration of the Executive Branch and, on the other hand, the legiferante action of the Executive and Legislative Branches in limiting the judiciary, especially in the recent new law of abuse of authority.</p><p><strong>Keywords</strong>: State powers, law and politics, Niklas Luhmann systemic theory, political court, authority abuse law.</p><p><strong>Data da submissão: 03/11/2020</strong><br /><strong>Data da aceitação: 18/05/2020</strong></p>

scholarly journals DINAMISASI KABINET DAN UPAYA KONSISTENSI SISTEM PRESIDENSIAL DI INDONESIA

2021 ◽  
Vol 5 (2) ◽  
pp. 327
Author(s):  
Muh. Cendekiawan Ainul Haq ◽  
Mohamad Rifan ◽  
Resa Yuniarsa Hasan
Keyword(s):  
Political Parties ◽  
State Government ◽  
Research Method ◽  
Central Government ◽  
Minimum Point ◽  
Regional Government ◽  
Conceptual Approach ◽  
Work Space ◽  
Presidential System ◽  
The Republic

 Dinamisasi kabinet kerja yang merupakan hak prereogratif presiden tidak hanya memperhatikan resistensi antara presiden dengan kepentingan partai politik, namun juga pertimbangan antara eksistensi Pemerintah Daerah sebagai konsekuensi dari sistem Presidensil dalam bentuk Negara Kesatuan Republik Indonesia. Tulisan ini berusaha menelaah topik pembahasan Dinamisasi Kabinet dan Upaya Konsistensi Sistem Presidensial di Indonesia. Metode penelitiаn ini аdаlаh yuridis normаtif dengan pendekatan historis, pendekatan konseptual, dan pendekatan peraturan perundang-undangan. Hasil dalam pembahasan ini menyimpulkan bahwa postur kabinet harus dibarengi dengan sinkornisasi hukum hingga pada titik minimum postur pemerintahan (Pemerintah Daerah) dengan Pemerintah Pusat yang direpresentasikan oleh kementerian melalui UU Nomor 23 Tahun 2014 tentang Pemerintah Daerah dengan UU Nomor 39 tahun 2008 tentang Kementerian. Bentuk sinkornisasi tersebut dapat dilakukan melalui: Penambahan unsur profesionalisme dalam UU, Penambahan peraturan terkait komposisi, dan/atau syarat, dalam penambahan/ pengubahan/ penghapusan kementerian, dan penambahan pengaturan terkait harmonisasi kewenangan dan ruang kerja antara pusat dan daerah.Kata kunci: Dinamisasi, Kabinet, Pemerintah. The dynamism of the working cabinet, which is the president's prerequisite, not only takes into account the resistance between the president and the interests of political parties, but also the consideration between the existence of the Regional Government as a consequence of the Presidency system in the form of the Unitary State of the Republic of Indonesia. This paper attempts to examine Cabinet Dynamics and Efforts to Consistency in the Presidential System in Indonesia. This research method is juridical normative with a historical approach, a conceptual approach, and a statutory approach. The results of this discussion conclude that the cabinet posture must be accompanied by legal syncornization to the minimum point of government posture (Regional Government) with the Central Government represented by the ministry through Law Number 23 of 2014 concerning Regional Government with Law Number 39 of 2008 concerning Ministries. This form of syncornization can be carried out through: Adding elements of professionalism in laws, adding regulations related to composition, and/or requirements, adding/ changing/ deleting ministries, and adding regulations related to harmonization of authority and work space between the central and regional governments.Keywords: Cabinet, Dynamism, State Government

Constitutional-Legal Mechanism for Ensuring the Citizens' Rights for Participation in Local State Administration in the Republic of Kazakhstan

2019 ◽  
Vol 10 (3) ◽  
pp. 850
Author(s):  
Aigerim M. NEMEREBAEVA ◽  
Zhazira D. ERALIEVA
Keyword(s):  
State Government ◽  
Large Scale ◽  
Factor Model ◽  
The State ◽  
Local State ◽  
International Standards ◽  
Social Reforms ◽  
State Administration ◽  
The Republic ◽  
Legal Mechanism

Since the declaration of the state independence of Kazakhstan, along with the implementation of systemic economic, political and social reforms, the state chose a policy of large-scale reforming the system of local state administration to maximize the implementation of the declared rights of citizens. The conducted research provided an opportunity to develop and reveal the essence, content and objective factors of development of the constitutional-legal mechanism for ensuring the citizens’ rights for participation in local state administration in the Republic of Kazakhstan as well as to analyze its conceptual-categorical apparatus. Based on the author's factor model, a number of tendencies of the development of the investigated constitutional law were determined, specific ways of its modernization and qualitative efficiency improvements of its functioning were proposed. Also, it is argued that the institutions of state power are obliged to contribute to the development of a unified Strategy for Reforming the System of Local State Government that should be based on a set of the norms of the Constitution of the Republic of Kazakhstan, international standards of human rights and anthropocentrism in the field of building an effective system of local state administration.  

Issues of Legal Regulation of the Executive Authority in the Republic of Kazakhstan and Foreign Countries

2018 ◽  
Vol 8 (7) ◽  
pp. 2178
Author(s):  
Galym KOZHAKHMETOV ◽  
Guldana KUANALEEVA ◽  
Saulen NURZHAN
Keyword(s):  
Executive Branch ◽  
Legal Regulation ◽  
The State ◽  
System Structure ◽  
Executive Power ◽  
Main Role ◽  
Theoretical Concepts ◽  
Foreign Countries ◽  
Depth Analysis ◽  
The Republic

This article consecrates topical issues of executive power, which points to one of the most acute problems of world society. The executive branch is recognized as one of the three branches of the unified state power by the current constitutional doctrine and practice of the Republic of Kazakhstan - a unitary state with a presidential form of government. The process of management constant development has a direct impact on the system of executive power and the structure of individual executive bodies, generates the demand for an in-depth analysis of this influence, its consideration in the creation and functioning of an integral, rational, effective state mechanism. In order to create a modern complex theoretical vision for the scientific legal foundations of a strong and effective executive branch operating in the public system of the Republic of Kazakhstan, which is established as a democratic, legal, social and secular state, the highest value of which is a human, his rights and freedoms, in this study are considered the theoretical concepts, practical aspects of the concept and executive power place as a full-fledged element of the state - the object of the constitutional, administrative and legal sanctions; system, structure, legal and organizational forms of executive bodiesactivity; as well as the main problems of legislative regulation, further construction and functioning of the executive power in Kazakhstan.Recommendations and proposals have been developed to improve a number of legal measures for the executive power enhancement. The analysis of the main historical studies that explain the nature of executive power in foreign countries and in Kazakhstan and its main role in the development of the state and law is carried out.

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