KONSEP OTONOMI DAERAH DALAM HUKUM TATA NEGARA ISLAM

This study examines the concept of regional autonomy in Islamic constitutional law about how is the concept of regional autonomy in Islamic State Constitutional Law and how is the autonomy of regional heads in the perspective of Islamic constitutional law. This research is a qualitative research library (Library Research). The data of this study were obtained through the Islamic law/Fiqh research method with a historical approach. After the data has been collected, it is then processed by studying, researching, studying and understanding the concept of regional autonomy in Islamic Constitutional Law referring to the Al-Quran and Hadith and related articels. This study found the following results: (1) The concept of regional autonomy in Islamic constitutional law is practiced in three types of regional government, namely al-imarah al-khashah, al-imarah al-ammah, al-imarah al-istila. (2) The autonomy of the regional head's power in the perspective of fiqh siyasah dusturiyah or Islamic constitutional law is in accordance with the conditions and authority granted by a Khalifah. The Khalifah as head of state gives authority to al-Amir (Head of Region) in the functions of: collecting taxes in the region, managing regional administration and providing services to the people in the region, maintaining security in the region, attracting kharaj and collecting zakat, upholding and disseminating Islam in the region. area, as well as being a prayer priest.

SISTEM PEMERINTAHAN PRESIDENSIAL DI INDONESIA PRESPEKTIF FIQH SIYASAH DUSTURIYAH

This study discusses the review of Islamic Constitutional Law on presidential government systems in Indonesia. This type of research is library research in which materials are collected through books, laws and journals related to research. The method used is a normative legal research method. Theories used are power theory, authority theory, trias politica theory and tanfidziyyah sulthah theory. From the results of the research conducted by the author, it can be concluded that based on the Indonesian constitution namely the 1945 Constitution in Article 4 paragraph (1) the power of the President includes executive, legislative and judicial powers. In a presidential government system the President is not only the head of state but also the head of government. Based on the Sulfah tanfidziyyah review of the power of the head of state in the presidential system in Indonesia, namely the power of the head of state in the presidential government system does not conflict with Islamic governance and Islamic law because in the Fiqh Siyasah Dusturiyah or the Khalifah Islamic State Constitutional Law covers all power, both as head of state, head of state government, legislature, judiciary and head of religion. It's just that presidential power in the Presidential system does not include as head of religion.

Is it Possible to Define the Impossible – What is a ‘Community’ for Purposes of Section 235 of the Constitution of South Africa?

The Constitution of South Africa contains the promise in Section 235 that any community that shares a common language and cultural heritage may be granted self-determination. The Constitution does not give any guidance about who the communities are that qualify for this self-determination. Terms such as minority, nationality and peoples have been notoriously difficult to define. The term ‘community’ has now been added to this list. In this article, consideration is given to international law and state constitutional law to ascertain how the term ‘community’ can be applied in South Africa; whether the term ‘culture’ should be used to expand or restrict the composition of the language community; and whether the community should be organised at a national level or whether local and regional communities could also qualify for a form of self-determination.

The Oklahoma State Constitution

In 1907, William Jennings Bryan described the proposed constitution for Oklahoma as “the best constitution in the United States today.” An enduring characteristic of Oklahoma’s constitution has been its faith in direct democracy and its root in Progressive Era politics. This book traces the historical formation and constitutional development of the state of Oklahoma. It provides commentary and analysis on the intent, politics, social and economic pressures, and the legal decisions that shaped and enhanced the Oklahoma constitution since it was adopted in 1907. The text gives a broad understanding of state constitutional law within the context of Oklahoma’s constitutional evolution.

Foster on EU Law

Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas including free movement of goods, free movement of persons, citizenship, and competition law including state aids. This clear two-part structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law including UN Resolutions. It includes a consideration of EU law and the UK, including a consideration of the Brexit referendum result and its possible consequences; also of Germany and France, as well as a briefer look at a number of other member states. It also contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the ECHR. The material on remedies in Chapter 6 has been rearranged to aid presentation and understanding. It follows the further developments of Article 263 TFEU and has rearranged the material on the free movement of persons to take account of the judgments of the Court of Justice.