scholarly journals Soberanía popular y concepción fiduciaria de los representantes públicos en Maximilien Robespierre

Daímon ◽  
2020 ◽  
pp. 81-96
Author(s):  
Pablo Scotto
Keyword(s):  
Political Economy ◽  
Political System ◽  
Natural Rights ◽  
Popular Sovereignty ◽  
Legislative Power ◽  
The People ◽  
Maximilien Robespierre

En su discurso del 10 de mayo de 1793 sobre la Constitución, Robespierre combina una concepción fiduciaria de los representantes públicos con una defensa de las virtudes de la democracia, el único sistema político en el que los gobernantes, al ser parte del pueblo, tienen los mismos intereses que este. Es esta defensa de la soberanía popular, así como de la primacía del poder legislativo, lo que constituye la esencia de su “economía política popular”, una expresión que toma de Rousseau. Para Robespierre, solamente esta clase de economía es compatible con una República cuyo primer objetivo sea la garantía de los derechos naturales del hombre. In his 10th May 1793 speech on the Constitution, Robespierre combines a fiduciary conception of public representatives with a defence of the virtues of democracy, the only political system in which the rulers, being part of the people, have the same interests as the latter. It is this defence of popular sovereignty, as well as of the primacy of the legislative power, what constitutes the essence of his “popular political economy”, an expression he takes from Rousseau. For Robespierre, only this kind of economy is compatible with a Republic whose first objective is to guarantee the natural rights of man.

Sovereignty

2019 ◽  
Author(s):  
Hermann Heller
Keyword(s):  
International Law ◽  
Political Theory ◽  
Weimar Republic ◽  
Political System ◽  
Popular Sovereignty ◽  
Liberal Democracies ◽  
National Sovereignty ◽  
Nation States ◽  
The People ◽  
Pluralistic World

This 1927 work addresses the paradox of sovereignty, that is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt who seek to dissolve the paradox, this text sees the tensions that the paradox highlights as an essential part of a society ruled by law. Sovereignty, in the sense of national sovereignty, is often perceived in liberal democracies today as being under threat, or at least “in transition,” as power devolves from nation states to international bodies. This threat to national sovereignty is at the same time considered a threat to a different idea of sovereignty, popular sovereignty—the sovereignty of “the people”—as important decisions seem increasingly to be made by institutions outside of a country’s political system or by elite-dominated institutions within. This text was written in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, it shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.

Constitutionalism

2018 ◽  
Author(s):  
Ulrich K. Preuss
Keyword(s):  
Political System ◽  
Separation Of Powers ◽  
The Self ◽  
Popular Sovereignty ◽  
The Rule Of Law ◽  
The People ◽  
Popular Government ◽  
Arbitrary Rule ◽  
The Right ◽  
Selection Of

Constitutionalism comprises a set of ideas, principles and rules, all of which deal with the question of how to develop a political system which excludes as far as possible the chance of arbitrary rule. While according to one of the classic sources of constitutionalism, article sixteen of the 1789 French Declaration of the Rights of Man and of the Citizen, ‘any society in which rights are not guaranteed, or in which the separation of powers is not defined, has no constitution’, the scope of constitutional principles is in fact broader. In addition to these two defining principles, the following are essential: popular sovereignty; the rule of law; rules about the selection of powerholders and about their accountability to the ruled; and principles about the making, unmaking, revision, interpretation and enforcement of a constitution. Despite close affiliations, constitutionalism and democracy are not the same. Whereas democracy is an institutional device which realizes the right of the people to govern themselves, constitutionalism aims to establish institutional restraints on the power of the rulers, even if they are popularly elected and legitimized. Constitutionalism embodies the self-rationalizing and self-restraining principles of popular government.

scholarly journals The Power of Presidential Legislation After The Amendment of UUD 1945

2019 ◽  
Author(s):  
Moh. Sulfikar Suling
Keyword(s):  
Power System ◽  
Popular Sovereignty ◽  
Legal Research ◽  
Limiting State ◽  
Legislative Power ◽  
The People ◽  
Presidential System ◽  
Deductive Method ◽  
The Will ◽  
Materials Used

This research is to analyze and understand the accordance of the presidential legislative power after the amendment of the UUD 1945 to the presidential system principles. This legal research used statute approach, conceptual, comparative, and historical. Primary and secondary legal materials used in this study were collected through literature which investigates and inventory the legal materials with documents, literature books, law journals, and legislation related to the object of research. Legal materials that have been obtained are described and presented descriptively and analytically deduced by using the deductive method. The results showed that the presidential legislative power after the amendment of the UUD 1945 is not in accordance with the principle of the presidential system of government explicitly separating the executive and legislative branches of power in the power system as an implementation of the idea of limiting state power and the principle of popular sovereignty. The presidential legislative power after the amendment of the UUD 1945 tends to weaken the legislative function, creates an imbalance between the executive and the legislature, and inhibit the realization of the legislation in accordance with the will of the people.

Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities

2013 ◽  
Author(s):  
Randy E. Barnett
Keyword(s):  
Fourteenth Amendment ◽  
Natural Rights ◽  
Popular Sovereignty ◽  
Alternative Path ◽  
The People ◽  
We The People ◽  
Constitutional Legitimacy

This chapter examines the conception of rights held by the people who wrote and adopted the original Constitution and also by those who wrote and adopted the Fourteenth Amendment. If the framers held certain views of rights, their conception of rights was correct, and if they incorporated effective procedural protections of these rights into the Constitution, then the laws that are produced by this constitutional process will be binding in conscience. The terms “rights,” “liberties,” “privileges,” and “immunities” were often used interchangeably or in a cluster. The chapter analyzes the founders' view of natural rights as liberty rights as well as their universal belief in popular sovereignty. It argues that those who subscribe to the fiction of “We the People” precisely because they reject the reality of natural rights and can see no alternative path to constitutional legitimacy are wrong on both counts.

scholarly journals The Power Of Presidential Legislation After The Amendment of UUD 1945

2019 ◽  
Author(s):  
Moh. Sulfikar Suling
Keyword(s):  
Power System ◽  
Popular Sovereignty ◽  
Legal Research ◽  
Limiting State ◽  
Legislative Power ◽  
The People ◽  
Presidential System ◽  
Deductive Method ◽  
The Will ◽  
Materials Used

This research is to analyze and understand the accordance of the presidential legislative power after the amendment of the UUD 1945 to the presidential system principles. This legal research used statute approach, conceptual, comparative, and historical. Primary and secondary legal materials used in this study were collected through literature which investigates and inventory the legal materials with documents, literature books, law journals, and legislation related to the object of research. Legal materials that have been obtained are described and presented descriptively and analytically deduced by using the deductive method. The results showed that the presidential legislative power after the amendment of the UUD 1945 is not in accordance with the principle of the presidential system of government explicitly separating the executive and legislative branches of power in the power system as an implementation of the idea of limiting state power and the principle of popular sovereignty. The presidential legislative power after the amendment of the UUD 1945 tends to weaken the legislative function, creates an imbalance between the executive and the legislature, and inhibit the realization of the legislation in accordance with the will of the people.

scholarly journals The Power Of Presidential Legislation After The Amendment of UUD 1945

2017 ◽  
Author(s):  
vrijspraak ◽  
Hardianto Djanggih ◽  
Aan Aswari ◽  
Muh. Barid Nizarudin Wajdi
Keyword(s):  
Power System ◽  
Popular Sovereignty ◽  
Legal Research ◽  
Limiting State ◽  
Legislative Power ◽  
The People ◽  
Presidential System ◽  
Deductive Method ◽  
The Will ◽  
Materials Used

This research is to analyze and understand the accordance of the presidential legislative power after the amendment of the UUD 1945 to the presidential system principles. This legal research used statute approach, conceptual, comparative, and historical. Primary and secondary legal materials used in this study were collected through literature which investigates and inventory the legal materials with documents, literature books, law journals, and legislation related to the object of research. Legal materials that have been obtained are described and presented descriptively and analytically deduced by using the deductive method. The results showed that the presidential legislative power after the amendment of the UUD 1945 is not in accordance with the principle of the presidential system of government explicitly separating the executive and legislative branches of power in the power system as an implementation of the idea of limiting state power and the principle of popular sovereignty. The presidential legislative power after the amendment of the UUD 1945 tends to weaken the legislative function, creates an imbalance between the executive and the legislature, and inhibit the realization of the legislation in accordance with the will of the people.

scholarly journals The Power Of Presidential Legisation After The Amendment of UUD 1945

2019 ◽  
Author(s):  
Moh. Sulfikar Suling
Keyword(s):  
Power System ◽  
Popular Sovereignty ◽  
Legal Research ◽  
Limiting State ◽  
Legislative Power ◽  
The People ◽  
Presidential System ◽  
Deductive Method ◽  
The Will ◽  
Materials Used

This research is to analyze and understand the accordance of the presidential legislative power after the amendment of the UUD 1945 to the presidential system principles. This legal research used statute approach, conceptual, comparative, and historical. Primary and secondary legal materials used in this study were collected through literature which investigates and inventory the legal materials with documents, literature books, law journals, and legislation related to the object of research. Legal materials that have been obtained are described and presented descriptively and analytically deduced by using the deductive method. The results showed that the presidential legislative power after the amendment of the UUD 1945 is not in accordance with the principle of the presidential system of government explicitly separating the executive and legislative branches of power in the power system as an implementation of the idea of limiting state power and the principle of popular sovereignty. The presidential legislative power after the amendment of the UUD 1945 tends to weaken the legislative function, creates an imbalance between the executive and the legislature, and inhibit the realization of the legislation in accordance with the will of the people.

PERAN ULAMA SELAKU PEWARIS NABI DALAM KONTESTASI PEMILU-PILPRES TAHUN 2019 DI INDONESIA

2020 ◽  
Author(s):  
abdul muiz amir
Keyword(s):  
Political System ◽  
The Political ◽  
Archival Data ◽  
Political Event ◽  
Online Social Media ◽  
The People ◽  
Religious Issue ◽  
The Face ◽  
Religion And State

This study aims to find a power relation as a discourse played by the clerics as the Prophet's heir in the contestation of political event in the (the elections) of 2019 in Indonesia. The method used is qualitative based on the critical teory paradigm. Data gathered through literary studies were later analyzed based on Michel Foucault's genealogy-structuralism based on historical archival data. The findings show that, (1) The involvement of scholars in the Pemilu-Pilpres 2019 was triggered by a religious issue that has been through online social media against the anti-Islamic political system, pro communism and liberalism. Consequently create two strongholds from the scholars, namely the pro stronghold of the issue pioneered by the GNPF-Ulama, and the fortress that dismissed the issue as part of the political intrigue pioneered by Ormas NU; (2) genealogically the role of scholars from time to time underwent transformation. At first the Ulama played his role as well as Umara, then shifted also agent of control to bring the dynamization between the issue of religion and state, to transform into motivator and mediator in the face of various issues Practical politic event, especially at Pemilu-Pilpres 2019. Discussion of the role of Ulama in the end resulted in a reduction of the role of Ulama as the heir of the prophet, from the agent Uswatun Hasanah and Rahmatan lil-' ālamīn as a people, now shifted into an agent that can trigger the division of the people.

Determinanty wewnętrzne polityki zagranicznej Ukrainy pod rządami Wołodymyra Zełenskiego

2019 ◽  
Vol 17 (1) ◽  
pp. 123-141
Author(s):  
Tomasz Stępniewski
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Political System ◽  
Free Market ◽  
Stable State ◽  
Free Market Economy ◽  
The Rule Of Law ◽  
The People ◽  
Internal Politics ◽  
Research Questions

The present paper discusses the following research questions: to what extent did errors made by the previous presidents of Ukraine result in the country’s failure to introduce systemic reforms (e.g. combating corruption, the development of a foundation for a stable state under the rule of law and free-market economy)?; can it be ventured that the lack of radical reforms along with errors in the internal politics of Ukraine under Petro Poroshenko resulted in the president’s failure?; will the strong vote of confidence given to Volodymyr Zelensky and the Servant of the People party exact systemic reforms in Ukraine?; or will Volodymyr Zelensky merely become an element of the oligarchic political system in Ukraine?

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