scholarly journals Una visión de la libertad de comunicación desde la perspectiva de las diferencias entre la libertad de expresión, en sentido estricto, y la libertad de información

2007 ◽  
pp. 359
Author(s):  
José Luis García Guerrero
Keyword(s):  
Point Of View ◽  
The Political ◽  
Freedom Of Information ◽  
Political Rights ◽  
The Public ◽  
Commercial Speech ◽  
Legal Nature ◽  
The One ◽  
The Right ◽  
Constitutional Jurisprudence

The present Project contains a complete synthesis of the constitutional Spanish jurisprudence. The author considers that the right to freedom and the political rights are grouped around three or four genres. It identifies, between those, the freedom of communication that the constitutional assembly and the constitutional jurisprudence have extended to all sorts of activities. After this assumption, the project is focused on giving a view of the freedom of communication from the point of view of the differences between the freedom of information and the freedom of speech in a strict way. After defending a legal nature which protects all kinds of communications and which can be exercised by all sorts of chaps; it is rejected that the institutional offshoot explains the really different limitations that several messages introduce, wide restrictions regarding commercial speech or pornography and dropped ones regarding politics. The argument which is proposed for its justification is based on the different systematic connections that are originated between the constitutional rules by the different matter and the purpose pursued by the messages, and, when this yardstick is insufficient, it is complemented with the concept of relevance or public interest, the one which is pretended to be refined. The exercise of that freedom by journalists and maximizing the professional diligence reinforce the freedom of communication when it has to be pondered with other rights or constitutional goods. In Spain, the affair Terminello versus Chicago is considered as a worth yardstick to solve conflicts with the public order.

Kampanye Pemilihan Umum Presiden dan Wakil Presiden Perspektif Fikih Siyâsah

2015 ◽  
Vol 5 (1) ◽  
pp. 1-32
Author(s):  
Anis Hidayati
Keyword(s):  
Vice President ◽  
Point Of View ◽  
General Election ◽  
The Political ◽  
Election Campaign ◽  
Political Rights ◽  
The People ◽  
The Republic ◽  
The Right ◽  
Positive Effect

Abstract: This article discusses about a Islamic political jurisprudence’s point of view againts campaign for president and vice president election. It is carried out based on Law No. 42 year 2008 concerning with the election of president and vice president. The general election campaign is a sovereign right of the people to produce democratic government based on Pancasila and the Constitution of the Republic of Indonesia (UUD) 1945. The implementation of the general election campaign has a positive effect that is beneficial for the candidates and for the publics to know the candidates they would choose to be a leader. In Islamic political jurisprudence’s perspective, the implementation of the general election campaign for president and vice president can realize the political rights of individuals associated with the right to nominate and the right to occupy a certain post. All of the people and citizens are entitled to gain a guarantee of their human rights (Hurriyah al-shakhsiyyah) before the law and government.Keywords: Campaign, general election, president, Islamic political jurisprudence.

scholarly journals International Methodological Basics of Electoral Law (From Antiquity to Modern Times: Philosophy-Legal Dimension)

wisdom ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 103-113
Author(s):  
Armen HARUTYUNYAN
Keyword(s):  
The Other ◽  
The Political ◽  
Political Rights ◽  
The Social ◽  
State Governance ◽  
The Republic ◽  
The One ◽  
The Right ◽  
Almost All ◽  
Electoral Law

The contemporary democratic states consider the concept of political rights, especially the right to vote as a fundamental pillar above all other rights. The political rights are dominant only due to their implementation: people have an opportunity to exercise their power on the one hand, and transfer their power without any political upheavals on the other. In this regard, it is worth highlighting that the political rights are one of the corner-stone rights for modern democratic rule of law. According to this thesis, we can persist that the problems of the realization of political rights are decisive and highly important even for the declared and transitional democratic states. In this respect, the Republic of Armenia is no exception as the problems of the implementation of political rights are definitely the electoral rights. These rights are among the most acute social problems that young Armenian democracy has faced after the independence. The issues in implementation of the political rights are steadily coupled with the problems of imposing punishments for crimes directed against political rights. As the experience of the Republic of Armenia has shown, the number of crimes directed against political rights has increased over the years. The tendency of the growth of the above-mentioned crimes has objective and subjective reasons. Among the objective reasons, we can note the transitional character of Armenian democracy. As for justice, it should be noted that such problems are inherent in almost all transitional states and especially, for modern countries. It is easier to understand, when we observe the experience of communities, which try to pass from the totalitarian rails of state governance to democratic ones. From the other side, the social and economic reasons of the state, poverty of the population can be considered as an objective reason. In terms of subjective reasons, firstly, the disproportionate punishment for crimes directed against political rights should be pointed out, which are the central obstacles for the implementation of political rights.

scholarly journals Strategi Komunikasi Politik dan Budaya Transparansi Partai Politik

2013 ◽  
Vol 29 (2) ◽  
pp. 123
Author(s):  
Atie Rachmiatie ◽  
O Hasbiansyah ◽  
Ema Khotimah ◽  
Dadi Ahmadi
Keyword(s):  
Political Parties ◽  
Political Communication ◽  
Good Governance ◽  
Public Information ◽  
The Political ◽  
Freedom Of Information ◽  
Governance System ◽  
Human Right ◽  
The Public ◽  
The Right

Freedom of information has become a momentum for the effort to realize good governance and promote democratic governance system in Indonesia. With the enactment of Freedom of Information Law No. 14 of 2008, the public was given access to the right of public information as human right such as  guaranteed by law. Public freedom of  information should encourage public participation. Political parties as public institutions also have to give  information  in the service of the public who wish to access any kind of information which is regulated by law. However, based on reports ICW, how difficult political parties provide the information requested by the ICW. This Article examines the political culture, political communication strategies and public freedom of information within the political parties.

The Principle of Human Rights

2019 ◽  
pp. 171-182
Author(s):  
Henk Addink
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Political Rights ◽  
The Public ◽  
Cultural Rights ◽  
Employment Education ◽  
The Government ◽  
The One ◽  
The Individual ◽  
The Right

The term ‘human rights’ has different meanings and is used in many academic subjects. It is used by lawyers and politicians, by philosophers and theologians, and, more generally, by the public. The term is used to denote a broad spectrum of very diverse rights, ranging from the right to life to the right to a cultural identity. They involve all elementary preconditions for an existence worthy of human dignity. These rights are ordered and specified in different ways. Often a distinction is made between civil and political rights on the one hand and economic, social, and cultural rights on the other. Some also add collective rights as a third group. The first group is related to restricting the powers of the state in respect of the individual. The second group often requires governments to intervene actively to create good conditions for human development, such as employment, education, and healthcare. When we speak about the right to good governance we must distinguish between the right as such and the underlying norms which are part of the principles of good governance: properness, transparency, participation, effectiveness, and accountability. This means that the underlying norms of the right to good governance are also related to these five principles. The inclusion of human rights as one of these principles here is to make it more explicit that this is not only a subjective right for the citizens but also an obligation for the government. The right and the obligation are two sides of the same coin.

Kant’s Open Secret

2011 ◽  
Vol 28 (7-8) ◽  
pp. 26-40 ◽  
Author(s):  
Geoffrey Bennington
Keyword(s):  
Public Space ◽  
Irreducible Element ◽  
The Political ◽  
British Politics ◽  
The Public ◽  
Perpetual Peace ◽  
Political Time ◽  
The One ◽  
The Right ◽  
Heads Of State

It is argued that Kant’s claimed reconciliation of politics and ethics in the Appendix to ‘Perpetual Peace’ founders on an irreducible element of secrecy that no amount of ‘publicity’ could ever dissipate. This shows up figuratively in images of veiling, and more especially in the paradoxical ‘very transparent veil’ associated with British politics in a footnote to ‘The Contest of Faculties’. This figure suggests that the structure of the ‘public’ itself involves a kind of transcendental secrecy that cannot be ‘publicly’ overcome, and that public space therefore cannot become fully visible to itself. This structural problem, it is claimed, prevents Kant from securing his proposed distinctions between the ‘moral politician’ and the ‘political moralist’, and between ‘political prudence’ or expediency and ‘political wisdom’. A similar problem reappears in the supplementary ‘Secret Article’ that Kant includes in the second edition of ‘Perpetual Peace’, which specifies, ‘secretly’, that heads of state should take secret counsel from the open and public discussions of philosophers. In giving away this secret, even as he declares it to be a secret, Kant essentially repeats the gesture of revealing the violent origin of the state, shown in the ‘ Rechtslehre’ to be illegal, and in so doing condemns the philosopher at best to a kind of exile with respect to political time and space, a marginal place that is here aligned with the place of ‘ ius aequivocum’ addressed in the Appendix to the Introduction to the ‘ Rechtslehre’, where appeals to equity on the one hand and the right of necessity on the other are described as being inaudible in the system of public right. It is suggested that these marginal and equivocal places all show up an internal frontier in the transcendental account of public space, and that this frontier zone, the very place of politics, sets a limit to the prospects of Enlightenment itself. In conclusion, it is proposed that thinking through these problems would require less a turn toward ethics than a rereading of the concept of nature, on the basis of its Heraclitean penchant for hiding or veiling itself.

Political feedback in conditions of social digitalization

2021 ◽  
Vol 27 (1) ◽  
pp. 8-20
Author(s):  
Khanlar A. Gadzhiev
Keyword(s):  
Political System ◽  
Political Process ◽  
Political Stability ◽  
Point Of View ◽  
The Political ◽  
Online Environment ◽  
The Public ◽  
Political Processes ◽  
Adequate Response ◽  
The One

Feedback is one of the most significant elements for political system’s functioning. Not only social and political stability depend on the effectiveness of its channels and mechanisms, and the extent of it being taken into account in the political process, but also resilience of the political system constructed. During the digital age, when the political processes in society are much more intensive in the society and the process of opinion exchange is more open, authorities, on the one hand, have significantly more opportunities for monitoring, analysis and consideration of feedback in order to correct the political course being pursued, and on the other hand, rapid response and decision making are required from authorities. It is primarily connected to the great degree of penetration of the online-environment into peoples’ lives. Here emerged many threatens and risks for authorities connected with the possibility of destructive impact on public opinion and attempt to manipulating it. For this goal the article tries to define the essence of political feedback and its significance for today’s political process; its basic components and their role in political system’s functioning are stated; the potential of political feedback from the point of view of enhancing the effectiveness of decision made by the authorities and adequate response to the public enquiries and demands; finally, the main possible barriers on the way of realization of political feedback.

Freedom of Expression versus Privacy and the Right to Reputation

2017 ◽  
Author(s):  
Dirk Voorhoof
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Media Freedom ◽  
Investigative Journalism ◽  
The Public ◽  
The Right Of Privacy ◽  
The One ◽  
Grand Chamber ◽  
The Right ◽  
The Impact

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.

The Involvement of Malagasy Women Parliamentarians for a State of Law allowing the Development of Women

2021 ◽  
Author(s):  
RANDRINRIJAONA MAEVA
Keyword(s):  
Political Culture ◽  
Rule Of Law ◽  
Women's Rights ◽  
The Political ◽  
Women’S Rights ◽  
Political Rights ◽  
Women's Development ◽  
Equal Part ◽  
Women's Participation ◽  
The Right

The exclusion of women is at the heart of the modern political order, despite the gradual recognition of formal equality between men and women in the exercise of political rights. The evolution of the political culture has nevertheless allowed the gradual access of women to power. Yet in the case of Madagascar, gender consideration is not limited to the integration of women in power, but several challenges lie ahead for the country in terms of women's rights. Women parliamentarians through their roles can advocate for women's rights. But the question is how these women parliamentarians advocate for women’s development rights do?Women's development requires respect for their rights, and women parliamentarians, when designing and passing laws, have the opportunity to fight for women's rights, which generally boil down to the right to health, safety and work. The aim is therefore to highlight the capacity of women parliamentarians to establish a rule of law that allows women to develop. Women's participation in the proposals and discussions of laws can play an equal part in promoting women's rights and women's development.

“Satisfied with the Ruins of Berlin”: The German Capital’s Image in Soviet Graphics of 1945

2021 ◽  
Vol 17 (6) ◽  
pp. 564-575
Author(s):  
Irina I. Rutsinskaya
Keyword(s):  
Visual Art ◽  
Visual Image ◽  
Point Of View ◽  
The Public ◽  
Historical Justice ◽  
Public Consciousness ◽  
Post War ◽  
The One ◽  
First Time ◽  
The City

An artist who finds themselves in the last days of a war in the enemy’s defeated capital may not just fix its objects dispassionately. Many factors influence the selection and depicturing manner of the objects. One of the factors is satisfaction from the accomplished retribution, awareness of the historical justice triumph. Researchers think such reactions are inevitable. The article offers to consider from this point of view the drawings created by Soviet artists in Berlin in the spring and summer of 1945. Such an analysis of the German capital’s visual image is conducted for the first time. It shows that the above reactions were not the only ones. The graphics of the first post-war days no less clearly and consistently express other feelings and intentions of their authors: the desire to accurately document and fix the image of the city and some of its structures in history, the happiness from the silence of peace, and the simple interest in the monuments of European art.The article examines Berlin scenes as evidences of the transition from front-line graphics focused on the visual recording of the war traces to peacetime graphics; from documentary — to artistry; from the worldview of a person at war — to the one of a person who lived to victory. In this approach, it has been important to consider the graphic images of Berlin in unity with the diary and memoir texts belonging to both artists and ordinary soldiers who participated in the storming of Berlin. The combination of verbal and visual sources helps to present the German capital’s image that existed in the public consciousness, as well as the specificity of its representation by means of visual art.

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