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Author(s):  
Artem Arturovich Serdyukov

The purpose of the research was to study the fundamental provisions of the Constitution of India and the amendments made to it, which regulate the constitutional foundations and principles of the formation of a sovereign, secular, and democratic state. In addition, the article discusses the constitutional provisions relating to the acquisition of independence, the freedom of India, the formal establishment and consolidation of the fundamental rights and freedoms of its citizens and the abolition of the institution of untouchability. The study of the role and importance of the political and legal views of the leader of the national liberation movement, the philosopher and jurist Mohandas Karamchand Gandhi in shaping the constitutional foundations and state structure of India is of some interest. The author used a complex of scientific methods to achieve the objective. It is concluded that the achievement of India's political independence, the declaration of equal rights and freedoms and the abolition of the untouchable caste in the state Constitution, is a significant contribution to the development of this country and a rapid step in increasing India's importance in the world.


Webology ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 832-844
Author(s):  
Sugia ryo ◽  
Anita Trisiana

An information system is absolutely necessary in making logical decisions so that the policies developed are in accordance with the applicable law. This article discusses political dynasties from state constitutional law and human rights, whether constitutional or unconstitutional. This article uses a normative research method, which examines the law, the state constitution, and the Constitutional Court decisions related to political dynasties in the implementation of general elections. Political dynasties are a familiar thing in organizing general elections; political dynasties certainly reap the pros and cons. Still, as a legal state, Indonesia must also provide legal certainty regarding how the law views political dynasties. Basically, in this study, based on the rule of law and the state constitution, political dynasties are not unconstitutional; political dynasties do not violate the state constitution; with the prohibition on political dynasties, it is an unconstitutional act and violates human rights. The provisions of the Law on Human Rights prohibit the existence of political dynasties that do not prioritize human rights values, which are regulated in the Law on Human Rights; provide legal protection for every citizen has the right to vote and be elected in general elections. And stated firmly that political dynasties are prohibited, because they are not in line with the constitution and also the values of human rights.


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 430
Author(s):  
Vica Jillyan Edsti Saija

In responding to the pandemic due to the coronavirus, the Indonesian government requires the public to carry out vaccinations in order to prevent the spread of the coronavirus and establish herd immunity. This instruction contradicts that health is a form of human right that cannot be enforced. Therefore, this paper wants to examine whether COVID-19 vaccination in the midst of an pandemic situation is a form of human right or obligation. The research method used in this paper is a normative method, and the results of this paper indicate that the covid-19 vaccine during an pandemic period can be categorized as a form of human obligation for everyone based on the obligation to respect the human rights of others as stated in the State Constitution. The Republic of Indonesia in 1945.


2021 ◽  
Author(s):  
RAKSHIT MADAN BAGDE

Our country adopted democracy on January 27, 1950. Political democracy is the system of government formed by electing the people's representatives by the majority. If the foundation of political democracy is not social democracy, it will not last. Gautama Buddha's philosophy provides the values of freedom, equality, brotherhood, and justice. Apart from this, for the development of the whole human being, the solution of eradicating misery and misery from this world is the principle of Arya Ashtangikmarga. So social democracy can be established through the socialism of the Buddha. On this Dr. Ambedkar believed.Another democracy is needed for human life to be happy. That is economic democracy. Establishing economic democracy through state socialism is Dr. Ambedkar's main objective was. He said that there should be a provision for socialism in the state constitution itself. Ambedkar had an opinion. On August 29, 1947, Dr. Ambedkar was elected as the Chairman of the Drafting Committee of the Constitution. He said that even though he was against the incident, he could not incorporate state socialism due to the opposition of other members.He said that the heterogeneous caste system in India would not allow the creation of an egalitarian economy of landlords and industrialists. As Ambedkar was aware, his role was to ensure that it did not take long for the provisions of state socialism to be implemented for more than ten years after the implementation of the constitution.


2021 ◽  
Vol 6 (10) ◽  
pp. 558-566
Author(s):  
Rafidah@Malissa Binti Salleh ◽  
Lenny James Matah ◽  
Ku Mohd Amir Aizat Ku Yusof ◽  
Hershan@Ray Herman

Article 161A of the Federal Constitution provides for the special position of natives of Sabah and Sarawak. Who are the natives of Sabah? There are legal definitions provided in the Federal Constitution, the State Constitution of Sabah and the Sabah Interpretation (Definition of Native) Ordinance 1952. However, each provision provides vague and unclear definitions for the term "native". This vague and inconsistent definition leads to so many problems faced by the natives of Sabah, both in economic and political aspects. Thus, this paper aims to analyse the relevant legal provisions concerning the definition of a native of Sabah and highlight possible solutions to the problems.


2021 ◽  
Vol 15 (1) ◽  
pp. 271-296
Author(s):  
Simeneh Kiros Assefa

The National Election Board of Ethiopia (NEBE) had rejected the request to enable ethnic-Hararis who reside outside Harari Regional State to vote in the election of Harari National Council members. The Board stated that it is not bound by prior practices that do not have constitutional foundation. The Board further noted that accepting such demand would jeopardize the fairness and impartiality of the Board against other minority ethnic groups whose members reside outside their national state.  NEBE argued that article 50(2) of the Harari Constitution contradicts the provision of article 50(3) of the FDRE Constitution. However, based on the Harari National Council’s petition to the Federal Supreme Court, the decision of NEBE has been reversed, and this has been further affirmed by the FSC Cassation Division. This comment examines the legal foundation and propriety of the decisions of the Federal Supreme Court and the FSC Cassation Division. Inter alia, the FSC Cassation Division has misinterpreted a provision under article 50(2) of the Harari Regional State Constitution that expressly refers to the right to be candidate in elections at place of birth as opposed to voting rights irrespective of residence. 


2021 ◽  
Author(s):  
James Fox

Fair maps are the foundation of a representative democracy. Gerrymanderers wish to create an unrepresentative legislature. The counter to gerrymandering is a fair map where the party sharre of districts matches the party share of the statewide votes. This redistricting criterion was recently codified in the Ohio State Constitution. https://www.legislature.ohio.gov/laws/ohio-constitution/section?const=11.06 A Guide to a new approach for drawing fair maps has been written for citizens, advocates and members of redistricting commissions, as well as legislators and judges. This Guide includes a test for gerrymandering. A research article details, justifies and applies the approach. As more people become aware of approaches such as this, more are likely to ask, “Why aren’t we using procedures like this to build maps where the districts are compact and the maps are fair?”


2021 ◽  
Author(s):  
James Fox

Fair maps are the foundation of a representative democracy. Gerrymanderers wish to create an unrepresentative legislature. The counter to gerrymandering is a fair map where the party sharre of districts matches the party share of the statewide votes. This redistricting criterion was recently codified in the Ohio State Constitution. https://www.legislature.ohio.gov/laws/ohio-constitution/section?const=11.06 A Guide to a new approach for drawing fair maps has been written for citizens, advocates and members of redistricting commissions, as well as legislators and judges. This Guide includes a test for gerrymandering. A research article details, justifies and applies the approach. As more people become aware of approaches such as this, more are likely to ask, “Why aren’t we using procedures like this to build maps where the districts are compact and the maps are fair?”


2021 ◽  
pp. 32-53
Author(s):  
Gordon S. Wood

This chapter describes the constitution-making by the thirteen independent republics. Most of them created bicameral legislatures, single executives, and independent judiciaries. They set forth the idea of separation of powers, which forbade members of the legislature or judiciary from simultaneously holding office in the executive, thus setting American constitutional development off in a very direction from that of the former mother country. At the same time, the Americans established written constitutions that were different from and superior to the institutions of government and they worked out devices (constitutional conventions) for creating these constitutions. Several of the constitutions had bills of rights.


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