scholarly journals Le contrat comme technique de participation des citoyens aux décisions en matière énergétique

2005 ◽  
Vol 24 (4) ◽  
pp. 943-956
Author(s):  
Michel Guibal

Contractual techniques have known a remarkable development in French administrative law. Contractual relations between different government agencies and individuals have reflected a change in the relationship between the State, central agencies and corporations on one side, and local authorities, associations and individuals on the other. « Inequality, Hierarchy and Government Supervision » have been partially replaced by « Equality, Participation and Autonomy ». In this article, the author describes some instances where contractual techniques were used to promote the participation of local interests in energy decisions. He points out the consequences of such a technique of participation and concludes that its main problem is the representativeness of the participants

2011 ◽  
Vol 40 (2) ◽  
pp. 71-106 ◽  
Author(s):  
David C. Schak

This paper examines the relationship between the Chinese state and Protestantism. It demonstrates that it varies widely from place to place; moreover, the actual relationship between individual churches and the local authorities that are supposed to govern them paints a quite different picture from that implied by the laws and regulations. The paper also argues that the state faces a dilemma: On one hand it feels threatened by the appearance of autonomous organizations such as unregistered churches, while on the other it values the contributions they make to society and recognizes that subjecting them to the Three-Self Patriotic Movement and China Christian Council would require a good deal of force and be very socially disruptive.


Author(s):  
Anatolii Petrovich Mykolaiets

It is noted that from the standpoint of sociology, “management — a function of organized systems of various nature — (technical, biological, social), which ensures the preservation of their structure, maintaining a certain state or transfer to another state, in accordance with the objective laws of the existence of this system, which implemented by a program or deliberately set aside”. Management is carried out through the influence of one subsystem-controlling, on the other-controlled, on the processes taking place in it with the help of information signals or administrative actions. It is proved that self-government allows all members of society or a separate association to fully express their will and interests, overcome alienation, effectively combat bureaucracy, and promote public self-realization of the individual. At the same time, wide direct participation in the management of insufficiently competent participants who are not responsible for their decisions, contradicts the social division of labor, reduces the effectiveness of management, complicates the rationalization of production. This can lead to the dominance of short-term interests over promising interests. Therefore, it is always important for society to find the optimal measure of a combination of self-management and professional management. It is determined that social representation acts, on the one hand, as the most important intermediary between the state and the population, the protection of social interests in a politically heterogeneous environment. On the other hand, it ensures the operation of a mechanism for correcting the political system, which makes it possible to correct previously adopted decisions in a legitimate way, without resorting to violence. It is proved that the system of social representation influences the most important political relations, promotes social integration, that is, the inclusion of various social groups and public associations in the political system. It is proposed to use the term “self-government” in relation to several levels of people’s association: the whole community — public self-government or self-government of the people, to individual regions or communities — local, to production management — production self-government. Traditionally, self-government is seen as an alternative to public administration. Ideology and practice of selfgovernment originate from the primitive, communal-tribal democracy. It is established that, in practice, centralization has become a “natural form of government”. In its pure form, centralization does not recognize the autonomy of places and even local life. It is characteristic of authoritarian regimes, but it is also widely used by democratic regimes, where they believe that political freedoms should be fixed only at the national level. It is determined that since the state has achieved certain sizes, it is impossible to abandon the admission of the existence of local authorities. Thus, deconcentration appears as one of the forms of centralization and as a cure for the excesses of the latter. Deconcentration assumes the presence of local bodies, which depend on the government functionally and in the order of subordination of their officials. The dependency of officials means that the leadership of local authorities is appointed by the central government and may be displaced.


Author(s):  
Peter Coss

In the introduction to his great work of 2005, Framing the Early Middle Ages, Chris Wickham urged not only the necessity of carefully framing our studies at the outset but also the importance of closely defining the words and concepts that we employ, the avoidance ‘cultural sollipsism’ wherever possible and the need to pay particular attention to continuities and discontinuities. Chris has, of course, followed these precepts on a vast scale. My aim in this chapter is a modest one. I aim to review the framing of thirteenth-century England in terms of two only of Chris’s themes: the aristocracy and the state—and even then primarily in terms of the relationship between the two. By the thirteenth century I mean a long thirteenth century stretching from the period of the Angevin reforms of the later twelfth century on the one hand to the early to mid-fourteenth on the other; the reasons for taking this span will, I hope, become clearer during the course of the chapter, but few would doubt that it has a validity.


2013 ◽  
Vol 6 (3) ◽  
pp. 325-340
Author(s):  
Ridwan Al-Sayyid

This paper tackles the relationship between Islam and the state in light of the ongoing revolutions. It focuses on two perspectives: the Islamists' claim that the Shari'a and not the umma (community) are the source of legitimacy in the evolving regimes; and that it is the duty of the state to protect religion and apply the Shari'a. The main disadvantage of these propositions is that they preclude the Umma both from political power and Shari'a, thus pitting it against these two assets which become manipulated to its disadvantage by those holding power. On the other hand, an open-minded and reformist Islamic perspective believes in people regaining the prerogative to rule themselves, guided by their intellect and the public good. The main call for the Arab uprisings is to quit political Islam, which seems to be the major threat to religion, and dangerously divisive for societies.


2020 ◽  
pp. 1-37
Author(s):  
MANISHA SETHI

Abstract A bitter debate broke out in the Digambar Jain community in the middle of the twentieth century following the passage of the Bombay Harijan Temple Entry Act in 1947, which continued until well after the promulgation of the Untouchability (Offences) Act 1955. These laws included Jains in the definition of ‘Hindu’, and thus threw open the doors of Jain temples to formerly Untouchable castes. In the eyes of its Jain opponents, this was a frontal and terrible assault on the integrity and sanctity of the Jain dharma. Those who called themselves reformists, on the other hand, insisted on the closeness between Jainism and Hinduism. Temple entry laws and the public debates over caste became occasions for the Jains not only to examine their distance—or closeness—to Hinduism, but also the relationship between their community and the state, which came to be imagined as predominantly Hindu. This article, by focusing on the Jains and this forgotten episode, hopes to illuminate the civilizational categories underlying state practices and the fraught relationship between nationalism and minorities.


Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the current transformation programme. It also considers the particular responsibilities of Members of Parliament in holding government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.


2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.


2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Xiaoguang Kang

AbstractChina recently promulgated and revised a number of laws, regulations and measures to regulate the nonprofit sector. All these administrative efforts increase support for Chinese nonprofit organizations (NPOs) on the one hand and put unprecedented pressure on them on the other. The seemingly contradictory effects are actually based on the same logic of Administrative Absorption of Society (AAS). This article proposes three phases in the development of AAS: an subconscious phase, a theory-modeling phase, and an institutionalization phase. The institutionalization of AAS has led to the rise of neo-totalitarianism, which is featured by state capitalism, unlimited government, and a mixed ideology of Marxism and Confucianism. Neo-totalitarianism further strengthens AAS and has begun to reshape the relationship between the state and the nonprofit sector. This article analyzes China’s nonprofit policymaking from a sociopolitical perspective, and clarifies the context, the characteristics, and the evolution of laws and policies in the nonprofit sector in macrocosm.


Author(s):  
Simon Ball

This chapter characterizes the relationship of the British state to war over the long term. It analyses two epistemic turning points for the war–state relationship, one occurring in the 1860s, the other in the 1970s. It explains the importance of war to the British state under the ‘fiscal security’ compromise.The chapter traces the long and uneven emergence of the ‘welfare state’ as a successor to the ‘warfare state’. It argues that the ‘warfare state’ paradigm loses much of its empirical and conceptual force if it were to be extended beyond 1970. The relationship of the state to war changed so fundamentally at that point that history, the chapter suggests, ceased to be a useful guide for future conduct.


Modern Italy ◽  
1998 ◽  
Vol 3 (01) ◽  
pp. 67-85 ◽  
Author(s):  
James Martin

SummaryThis article examines Gramsci's theory of intellectuals in the light of Bauman's distinction between ‘legislators’ and ‘interpreters’. By distinguishing descriptive and prescriptive dimensions to Gramsci's theory, it is possible to see a tension between the dual ethical and political functions that he attributes to ‘organic intellectuals’. In the one, Gramsci effectively deconstructs the intellectual's role as the bearer of universal knowledge, while in the other he reconstructs that role through an emphasis on the revolutionary party. It is argued that the tensions in Gramsci's theory stem from his attachment to a peculiarly modern conception of the relationship between intellectuals, culture and the state.


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