334 results on '"state authority"'
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2. АДМІНІСТРАТИВНО-ПРАВОВИЙ РЕЖИМ ВОЄНОГО СТАНУ.
- Author
-
Ю. А., Безкровний
- Subjects
MILITARY administration ,STATE power ,LOCAL government ,LEGAL procedure ,LEGAL rights ,MARTIAL law - Abstract
Currently, Ukraine is under martial law. Historically, it is known that military conflicts of various nature and scale have become an integral feature of the evolution of mankind since ancient times. And therefore, in ancient times, war was a normal, natural state of nations, while peace was an accidental state. Humanity has become more aware of the value of life. However, in the 21st century, Ukraine faced events that, in our time, seemed to be unacceptable, and many citizens have the question of what the martial law regime is, what are its main aspects, taking into account their significant consequences for the normal life of the population. Martial law is a special legal regime introduced on the territory of Ukraine or in some of its localities, which gives the military command, state authorities, military administrations and local self-government bodies certain powers necessary to avert a potential threat, repel armed aggression and ensure national security within countries. The introduction of martial law is associated with the implementation of certain legal procedures provided for by national legislation. The introduction of martial law is carried out by the highest authorities of the state. Law of Ukraine No. 389-VIII «On the Legal Regime of Martial Law» establishes the procedure for introducing martial law in Ukraine. The National Security and Defense Council of Ukraine submits proposals for the introduction of martial law in Ukraine or in some of its localities for consideration by the President of Ukraine. In connection with the introduction of martial law in Ukraine, the constitutional rights and freedoms of a person and a citizen, provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine, may be temporarily limited for the period of the legal regime of martial law, as well as to introduce temporary restrictions on the rights and legal interests of legal entities within the limits and to the extent necessary to ensure the possibility of introducing and carrying out measures of the legal regime of martial law, which are provided for by the first part of Article 8 of the Law of Ukraine «On the Legal Regime of Martial Law». Thus, in the event of the introduction of a legal regime of martial law, significant restrictions on the rights of both individuals and legal entities may be applied. However, such restrictions may occur except within the limits of temporary restrictions on the constitutional rights and freedoms of a person and a citizen, as well as the rights and legal interests of legal entities, provided for by the decree of the President of Ukraine on the introduction of martial law. Therefore, in the case of the initiation of the procedure for the introduction of the legal regime of martial law, as it happened in Ukraine, information on the features and main aspects of this regime is relevant and important. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
3. ІНСТИТУЦІЙНО-ПРАВОВІ ПЕРЕДУМОВИ ФОРМУВАННЯ ВИЩИХ ОРГАНІВ ВЛАДИ УКРАЇНСЬКОЇ НАРОДНОЇ РЕСПУБЛІКИ ПЕРІОДУ ДИРЕКТОРІЇ ЗА ЧАСІВ ГЕТЬМАНЩИНИ (21 травня ~ 14 грудня 1918 р.): ІСТОРИКО-ПРАВОВЕ ДОСЛІДЖЕННЯ.
- Author
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Ж. О., Дзейко
- Subjects
CONSTITUENT power ,STATUS (Law) ,HEADS of state ,PUBLIC institutions ,DIRECTORIES - Abstract
A historical and legal study of the institutional and legal prerequisites for the formation of the highest authorities of the UPR during the Directory during the Hetmanate (May 21 – December 14, 1918) was carried out. The process of formation of bodies that have gone through the evolution from public to the highest state bodies of the UPR during the Directory, began during the functioning of the Ukrainian State. The struggle for the restoration of the UPR was carried out by: the Ukrainian National Union, the Directory, the Council of Heads of State Affairs, the Council of Commissars, the Revolutionary Committee. Of greatest importance in the struggle against the Hetman was the creation of party and trade union organizations on May 21, 1918. Ukrainian National-State Union, which in August 1918 was renamed the Ukrainian National Union – an alternative public body to the existing state apparatus, which claimed to be transformed into a constituent state power. The directory was created on November 14, 1918. Ukrainian National Union. Links of this public institution were: the head of the Directory and members of the Directory, one of whom was the Chief Ataman. At the beginning of December 1918 departments were established under the Directory. In the process of struggle for the creation of the UPR in December 1918 the Council of Commissars was created – a public authority, which in fact was a prototype of the executive body of the UNR. After the abdication of power by the Hetman of Ukraine on December 14, 1918 The Directory, the Council of Commissars acquired the legal status of the highest bodies of state power of the UPR. Soon, instead of the Council of Commissioners, the Directorate created the Council of People’s Ministers – the government of the UPR. The formation of the UPR during the Directory was facilitated by the revolution in Germany, the support of the Entente. The stage of the struggle between the supporters of the Directory and the Hetman (May 21 – December 14, 1918) can be considered as the preparatory stage for the formation of the highest authorities of the UPR during the Directory, which was imposed on the period of the existence of the Ukrainian State. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
4. REVOKING THE DECISION TO ACCEPT UKRAINIAN CITIZENSHIP AS A SANCTION OF CONSTITUTIONAL AND LEGAL RESPONSIBILITY.
- Author
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Kudriavtseva, O. M.
- Subjects
LEGAL liability ,LEGAL sanctions ,CITIZENSHIP ,EXECUTIVE power ,CRIME prevention - Abstract
The article emphasizes that constitutional and legal responsibility is aimed at legal protection of the Constitution of Ukraine and is closely related to the problems of preventing constitutional offenses. Attention is drawn to the fact that issues of citizenship are closely related to the problems of national security and crime prevention. There are not few cases when citizens of Ukraine also have the citizenship of another country, or even of several countries in addition to the citizenship of Ukraine. The composition of the constitutional offense is considered, it is emphasized that the issue of assessing the objective side of the constitutional offense is decided by the entity empowered to apply the constitutional and legal sanction - to cancel the decision on admission to the citizenship of Ukraine. The reasons for the loss of Ukrainian citizenship and the termination of Ukrainian citizenship as a result of its loss due to the active actions of an adult, aimed at acquiring the citizenship of another state/states, are analyzed. There are signs by which the termination of citizenship differs from the deprivation of Ukrainian citizenship. The powers of the central executive body, which implements the state policy in the sphere of citizenship, regarding the preparation of applications for the loss of Ukrainian citizenship by persons are characterized; Commission under the President of Ukraine on Citizenship; of the President of Ukraine (issuing acts on acceptance of Ukrainian citizenship and termination of Ukrainian citizenship). Attention is drawn to the practice of the European Court of Human Rights, requirements for legislation on Ukrainian citizenship: they should be accessible, clear, and predictable. Defects have been identified in the current Procedure for Proceedings on Applications and Submissions on Ukrainian Citizenship and the Implementation of Decisions, which was approved by the Decree of the President of Ukraine No. 215 of 03/27/2001: an exhaustive list of sources from which the authorities of the State Migration Service can obtain information on the grounds has not been determined loss of citizenship of Ukraine by a person; an exhaustive list of documents, their form, content, subject of publication, which confirm that a person will not become stateless as a result of the loss of Ukrainian citizenship, has not been defined. Proposals for improving the above procedure and the practice of its application have been developed. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
5. Conceptual Principles of Staffing Internal Audit Units in State Authorities
- Author
-
Tatiana Mishchenko
- Subjects
internal audit ,competencies ,state authority ,professional training ,state internal auditor ,Accounting. Bookkeeping ,HF5601-5689 ,Finance ,HG1-9999 - Abstract
The hostilities and martial law in Ukraine significantly affected the activities of the internal audit units of the central executive authorities. The remote work of the employees of the division and the impossibility of direct interaction with the objects of audits limits the functions of internal audit, but at the same time, its importance in the management of public finances is not lost. New challenges require internal auditors to improve the quality of audits, which directly depends on the quantitative and qualitative composition of internal audit units. The purpose of the article is to develop the conceptual basis for improving the quality of staffing of internal audit units in state authorities. The analysis of staffing and organization of internal audit activities in the main managers of budget funds and their subordinate institutions for 2017-2021 indicates a constant decrease in the number of employees and an increase in the percentage of vacant positions of internal auditors. Such a situation is the result of a number of factors, but the most important of them is the lack of highly qualified, motivated personnel who possess professional competence based on relevant education and practical experience for the proper performance of audit tasks. The article proposes a four-level model of training specialists in the “state internal auditor” profession, which ensures the gradual formation of professional competencies and practical experience, starting from the assimilation of basic theoretical knowledge in higher educational institutions to mandatory certification at the workplace. In order to implement the given proposals, it is important to establish at the legislative level requirements for the educational and professional level of applicants for the position of internal auditor, as well as mandatory requirements for improving their qualifications after enrollment in this position. A study of the currently existing legislative and normative documents on the organization of the activities of the internal audit units of the central authorities shows the absence of any norms that would clearly regulate these issues.
- Published
- 2023
- Full Text
- View/download PDF
6. Procedure for Concluding Civil Law Contracts with the Participation of the State of Ukraine under Martial Law
- Author
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Romas M.
- Subjects
contract ,state of ukraine ,state authority ,martial law ,public procurement ,Law - Abstract
Purpose. The purpose of the article is to establish the peculiarities of the participation of the state of Ukraine in contractual obligations, to analyze the legal regulation of the procedure for concluding civil law contracts with the participation of the state of Ukraine, in particular, in the conditions of martial law, to make relevant theoretical conclusions. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: formal-logical, analysis, comparative analysis, systemic-structural, terminological, normative. Results. In the process of research, it was recognized that the state of Ukraine is an equal participant in contractual obligations, however, certain exceptions to this rule may be established in the conditions of martial law. This is related to issues of ensuring national security and defense of Ukraine. Originality. In the process of research, it was established that the state of Ukraine is the party to the concluded contracts, and not the state body that represents it. The State of Ukraine may be a party to sales contracts, leases, concession contracts, product distribution agreements, etc. The procedure for concluding, changing and terminating contractual obligations with the participation of the state of Ukraine is provided exclusively by law, in particular, taking into account the requirements of martial law. Practical significance. The results of the study can be used in law-making and law-enforcement activities to resolve important issues related to the national security and defense of Ukraine.
- Published
- 2023
- Full Text
- View/download PDF
7. Revoking the decision to accept Ukrainian citizenship as a sanction of constitutional and legal responsibility
- Author
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O.M. Kudriavtseva
- Subjects
constitutional and legal responsibility ,citizen ,citizenship ,responsibility ,sanction ,state authority ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The article emphasizes that constitutional and legal responsibility is aimed at legal protection of the Constitution of Ukraine and is closely related to the problems of preventing constitutional offenses. Attention is drawn to the fact that issues of citizenship are closely related to the problems of national security and crime prevention. There are not few cases when citizens of Ukraine also have the citizenship of another country, or even of several countries in addition to the citizenship of Ukraine. The composition of the constitutional offense is considered, it is emphasized that the issue of assessing the objective side of the constitutional offense is decided by the entity empowered to apply the constitutional and legal sanction - to cancel the decision on admission to the citizenship of Ukraine. The reasons for the loss of Ukrainian citizenship and the termination of Ukrainian citizenship as a result of its loss due to the active actions of an adult, aimed at acquiring the citizenship of another state/states, are analyzed. There are signs by which the termination of citizenship differs from the deprivation of Ukrainian citizenship. The powers of the central executive body, which implements the state policy in the sphere of citizenship, regarding the preparation of applications for the loss of Ukrainian citizenship by persons are characterized; Commission under the President of Ukraine on Citizenship; of the President of Ukraine (issuing acts on acceptance of Ukrainian citizenship and termination of Ukrainian citizenship). Attention is drawn to the practice of the European Court of Human Rights, requirements for legislation on Ukrainian citizenship: they should be accessible, clear, and predictable. Defects have been identified in the current Procedure for Proceedings on Applications and Submissions on Ukrainian Citizenship and the Implementation of Decisions, which was approved by the Decree of the President of Ukraine No. 215 of 03/27/2001: an exhaustive list of sources from which the authorities of the State Migration Service can obtain information on the grounds has not been determined loss of citizenship of Ukraine by a person; an exhaustive list of documents, their form, content, subject of publication, which confirm that a person will not become stateless as a result of the loss of Ukrainian citizenship, has not been defined. Proposals for improving the above procedure and the practice of its application have been developed.
- Published
- 2023
- Full Text
- View/download PDF
8. Paradox of state authority in supervision of child trust assets in Indonesia
- Author
-
Taufik Hidayat Simatupang, Renny Supriyatni, Zainal Muttaqin, and Sonny Dewi Judiasih
- Subjects
state authority ,balai harta peninggalan ,guardianship ,property ,child protection ,State Administrative Law ,Social Sciences - Abstract
One of the obligations of a sovereign state is to provide legal protection to every citizen, including every child who is not under the authority of his parents. The authority of the state in supervising the assets of children under guardianship through BHP based on Articles 366 and 369 of the Civil Code, in practice becomes paradoxical because in general the Court does not hand over copies of guardianship stipulations to BHP. The court considers that the two articles referred to are no longer valid, while on the other hand there is no regulation that specifically regulates this authority. The method used in this research is by taking respondents from the BHP and the Courts, so that an objective contribution is obtained. The results of the study show that the level of effectiveness in the implementation of guardianship oversight authority is relatively low, namely 68.18. Therefore, in the short term, it is necessary to accommodate the provisions of Articles 366 and 369 of the Civil Code into the Child Protection Law, while in the long term, Indonesia needs to initiate the concept of a legal system for child guardianship, as has been done in several countries.
- Published
- 2023
- Full Text
- View/download PDF
9. Public management and policing: a dialectical inquiry.
- Author
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Hartley, Jean, Ongaro, Edoardo, Quick, Kathy, and Schröter, Eckhard
- Subjects
PUBLIC administration ,POLICE administration ,PUBLIC value ,POLICE legitimacy ,STATE power - Abstract
The study of policing offers rich opportunities to test and refine the boundaries of key concepts and theories of public management, yet it is neglected in public management discourse. In this essay, we strike up a conversation between public management and policing studies, arguing that, through this dialectical inquiry, concepts and theories in both fields can be reviewed and improved. We explore areas with particular potential for cross-fertilization: basic rationales used in public management; the saliency of state authority and legitimacy in policing; questions of public value creation (or destruction); and dilemmas of pursuing equity. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
10. Problematic issues of the evolution of pre-revolutionary cooperative legislation in Russia
- Author
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A. V. Chichulin
- Subjects
state authority ,legislative act ,codification ,cooperative movement ,cooperative legislation ,cooperative policy ,cooperative statute ,supervisory functions of the state ,normative documents ,legal regulation ,History (General) and history of Europe ,Economics as a science ,HB71-74 ,Newspapers ,AN - Abstract
The article reveals problematic issues related to the process of formation and development of pre-revolutionary Russian cooperative legislation. The main stages of legislative support for the development of cooperative organizations and their unions are identified. The nature and degree of administrative influence of various state authorities on the cooperative movement in the pre-revolutionary period is determined. Problematic moments associated with collisions of cooperative legislation that interfere with the effective functioning of the cooperative system in Russia are identified.
- Published
- 2023
- Full Text
- View/download PDF
11. Resolving the Conflict in Thailand's Southern Border Provinces: Contentions between Upholding State Authority and Human Rights within the ASEAN Context.
- Author
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na Thalang, Chanintira
- Abstract
Based on an examination of the peace process in Thailand's southern border provinces, this article asks what are the important lessons learned for strengthening ASEAN's role in conflict resolution. The argument of this article is threefold. First, ASEAN's entrenched norms have prevented a regularised role for ASEAN in the area of conflict resolution. Second, due to this arrangement, ASEAN member states have applied a varied mix of approaches to resolving or managing ethnic conflicts. From a comparative perspective, the Thai approach to resolving the conflict falls in an in-between position along the spectrum of democratic and authoritarian means used by its fellow ASEAN member states. Third, the lack of regularised procedures is not necessarily an obstacle to resolving conflict but it reduces opportunities to deepen regional cooperation. More pressing is ASEAN's inability to protect minority rights, which has negatively affected ASEAN's centrality, and its commitment to building a people-centred community. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
12. COVID‐19 and the state: Exploring a puzzling relationship in the early stages of the pandemic.
- Author
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Gisselquist, Rachel M. and Vaccaro, Andrea
- Subjects
COVID-19 pandemic ,PANDEMICS ,COVID-19 ,PUZZLES ,STATE power - Abstract
During the first year of the Covid‐19 pandemic, it was wealthier countries with stronger institutions that suffered the highest numbers of cases and fatalities. Many weaker countries were instead praised for more effective pandemic response. What explains this seeming puzzle? We re‐consider these relationships in the cross‐country data, drawing on measures of the state, Covid's health impact and pandemic response. In brief, our analysis suggests that, when appropriate additional factors are taken into account, the expected relationship between state effectiveness and pandemic health outcomes in fact is clear. We also offer insight into how different dimensions of the state influence policy and outcomes and how particular countries compare with others. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
13. Концептуальні засади кадрового забезпечення підрозділів внутрішнього аудиту в центральних органах виконавчої влади
- Author
-
Міщенко, Тетяна
- Subjects
INTERNAL auditors ,INTERNAL auditing ,STATE power ,PROFESSIONAL employees - Abstract
The hostilities and martial law in Ukraine significantly affected the activities of the internal audit units of the central executive authorities. The remote work of the employees of the division and the impossibility of direct interaction with the objects of audits limits the functions of internal audit, but at the same time, its importance in the management of public finances is not lost. New challenges require internal auditors to improve the quality of audits, which directly depends on the quantitative and qualitative composition of internal audit units. The purpose of the article is to develop the conceptual basis for improving the quality of staffing of internal audit units in state authorities. The analysis of staffing and organization of internal audit activities in the main managers of budget funds and their subordinate institutions for 2017-2021 indicates a constant decrease in the number of employees and an increase in the percentage of vacant positions of internal auditors. Such a situation is the result of a number of factors, but the most important of them is the lack of highly qualified, motivated personnel who possess professional competence based on relevant education and practical experience for the proper performance of audit tasks. The article proposes a four-level model of training specialists in the "state internal auditor" profession, which ensures the gradual formation of professional competencies and practical experience, starting from the assimilation of basic theoretical knowledge in higher educational institutions to mandatory certification at the workplace. In order to implement the given proposals, it is important to establish at the legislative level requirements for the educational and professional level of applicants for the position of internal auditor, as well as mandatory requirements for improving their qualifications after enrollment in this position. A study of the currently existing legislative and normative documents on the organization of the activities of the internal audit units of the central authorities shows the absence of any norms that would clearly regulate these issues. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
14. Paradox of state authority in supervision of child trust assets in Indonesia.
- Author
-
Simatupang, Taufik Hidayat, Supriyatni, Renny, Muttaqin, Zainal, and Judiasih, Sonny Dewi
- Abstract
One of the obligations of a sovereign state is to provide legal protection to every citizen, including every child who is not under the authority of his parents. The authority of the state in supervising the assets of children under guardianship through BHP based on Articles 366 and 369 of the Civil Code, in practice becomes paradoxical because in general the Court does not hand over copies of guardianship stipulations to BHP. The court considers that the two articles referred to are no longer valid, while on the other hand there is no regulation that specifically regulates this authority. The method used in this research is by taking respondents from the BHP and the Courts, so that an objective contribution is obtained. The results of the study show that the level of effectiveness in the implementation of guardianship oversight authority is relatively low, namely 68.18. Therefore, in the short term, it is necessary to accommodate the provisions of Articles 366 and 369 of the Civil Code into the Child Protection Law, while in the long term, Indonesia needs to initiate the concept of a legal system for child guardianship, as has been done in several countries. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
15. Reordering German Liberalism: Re-examining the Social Market Economy in the 2021 Bundestag Election.
- Author
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Vail, Mark I.
- Subjects
- *
CAPITALISM , *NONPROFIT sector , *SOCIAL marketing , *LIBERALISM , *EMPLOYMENT policy , *ELECTIONS - Abstract
This article analyzes economic policy debates and parties' policy positions during the 2021 Bundestag election campaign, with an emphasis on shifting conceptions of the economic role of the state. Focusing on fiscal and labor market policy, it argues that the election campaign and the commitments of the new Ampel coalition reflect increasing support for more robust state involvement in the economy. It argues further that these shifts in elite discourse demonstrate a continuing rethinking of Germany's economic model and the need to rebalance the relationship between public authority and the decentralized model of social organization and policy responsibility central to German liberalism. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
16. ELSZÁMOLT MILLIÓK VAGY TÚLHAJSZOLT CENTRALIZÁCIÓ, AVAGY MIÉRT MONDOTT LE AZ A BIZONYOS MÁSIK BATTHYÁNY LAJOS?
- Author
-
ÁGNES, ORDASI
- Subjects
STATE power ,RESIGNATION from public office ,PRIME ministers ,GOVERNORS ,MONARCHY - Abstract
In the period of the Austro- Hungarian monarchy Hungaria state authority in the city and district of Fiume was exercised by the governor of Fiume and Maritime Croatia, who was at the same time president of the Hungarian Royal Maritime Authority. As such his competence in naval and commercial issues encompassed the entire Hungaro-Croatian coast. The dual position of the governor was reflected in the government structure as well: while as governor he was directly subordinated to the prime minister, as president of the Maritime Authority he was responsible to the minister of agriculture, industry and trade (and later to the latter"s official successors). The present paper explores the extent to which this dual position helped or hindered the activities of the individual governors, while also drawing attention to the dissonances inherent in the centralising efforts and power strategies of the Hungarian state. Another aim of the author was to reveal the main causes that led to the resignation of the successive governors, thereby contributing to a more nuanced view of their roles and activities. [ABSTRACT FROM AUTHOR]
- Published
- 2022
17. Constitutional status of the Russian State Council in the mirror of actual constitutional reforms
- Author
-
O. A. Kozhevnikov, A. V. Bezrukov, and A. N. Meshcheryakov
- Subjects
state council ,state body ,state authority ,legal status ,public power ,the system of public power ,interaction of authorities ,constitutional reform ,Law - Abstract
The subject of research is social relations concerning the constitutional transformation of the State Council of the Russian Federation into the format of a constitutional state body, it’s tasks and functions in the unified system of public power. The aim of the research is to confirm or disprove hypothesis that the Russian State Council is a constitutional state body that ensures the coordinated functioning and interaction of authorities in the unified system of public power.The methodological basis of the research includes historical, comparative legal, formal legal methods, legal modeling and forecasting. The research is based on existing and historical legal acts, materials of judicial practice, as well as on the works of leading national lawyers.The main results, scope of application. The authors substantiate concept of the constitutional status of the Russian State Council as a completely new constitutional state body, formed on the basis of modern national principles of state building, taking into account the existing constitutional practice. Main task of the State Council is exercising the constitutional powers of the Russian President to ensure the coordinated functioning and interaction of public authorities, the definition of the main directions of national and foreign policy of the state. The article provides a critical analysis of the goals, tasks, functions of the Russian State Council, the decisions it makes, as a result of which a number of conflicts in the regulation of its constitutional-legal status are revealed. Some proposals to improve legislation and law enforcement practice aimed at solving of the discovered contradictions are made. Current constitutional of the State Council is a result of the constitutional amendments of 2020 in the Russian Constitution and innovations in the Federal Law on the State Council of the Russian Federation. The authors substantiate the idea that the consolidation of a new constitutional position of the State Council can be considered as a process of forming a completely new state body, designed to ensure the coordinated functioning and interaction of bodies included in the unified public system. A comparative legal analysis of the constitutional legislation on State Councils in foreign countries showed that despite the same name the status and functions of these state institutions differ greatly in different countries, therefore any comparative study of them will be unreliable.Conclusions. The Russian State Council has competence, functions of a state power character, take decisions signed by the President of the Russian Federation and therefore have a generally binding character. So it has the characteristics of a public authority. The Russian State Council is a new constitutional and legal structure - a constitutional state body created in order to implement the constitutional powers of the Russian President to ensure the coordinated functioning and interaction of other bodies (that are part of the unified system of public authority) and to determine the main directions of domestic and foreign policy of the state.
- Published
- 2021
- Full Text
- View/download PDF
18. The system of organs of state power for the protection of human rights in the sphere of national security
- Author
-
Denis Chyzhov
- Subjects
state authority ,protection of human rights ,national security ,national guard of ukraine ,ministry of internal affairs of ukraine ,national police of ukraine ,security service of ukraine ,Jurisprudence. Philosophy and theory of law ,K201-487 ,Public law ,K3150 ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Private international law. Conflict of laws ,K7000-7720 ,Law of Europe ,KJ-KKZ ,Law of nations ,KZ2-6785 - Abstract
The purpose of the study is to provide scientifically based conclusions on the definition of the system of state authorities for protecting human rights in the field of national security in the context of modern challenges and threats based on scientific research. The methodological basis of the study is a complete and coordinated system of methods, which allowed properly analysing the subject matter, in particular, methods of analysis, synthesis, induction, and deduction were used. The theoretical basis of this publication is the papers by Ukrainian researchers devoted to the study of state authorities on the protection of human rights in the field of national security. The scientific originality of the publication is conditioned by the fact that it included a systematic analysis of legal enactments in the field of legal regulation of the system of state authorities for the protection of human rights in the field of national security. It is established that the activities aimed at the protection of human rights and national security are bilateral in nature: the protection of human rights guarantees state security – and protection of state security safeguards human rights. The study highlights the incompleteness of the reform of this system of bodies that certify the shortcomings of the legal regulation of their activities, in particular: 1) the National Guard of Ukraine has the status of a military formation. At the same time, the National Guard of Ukraine is a military formation with law enforcement functions, which belongs to the system of the Ministry of Internal Affairs of Ukraine; 2) the National Police of Ukraine as the central executive authority belongs to the security and defence sector. At the same time, the Law of Ukraine “On Central Executive Authorities” does not specify the National Police as the central executive authority; 3) the subjects of the intelligence community among others, according to the Law of Ukraine “On intelligence”, is the security service of Ukraine. However, in Part 2 of Article 12 of the Law of Ukraine “On National Security of Ukraine”, the Security Service of Ukraine is defined as a separate body in the field of ensuring national security. It is noted that the double indication of the same bodies in the system of state authorities for the protection of human rights in the field of national security is legally unsound
- Published
- 2021
- Full Text
- View/download PDF
19. State Authority in Appointing ASN: Comparison of Issues between KPK Employees and Honorary Teachers
- Author
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Syarifa Khasna and Ayon Diniyanto
- Subjects
state authority ,employee ,administrative law ,Law - Abstract
Government Regulation No. 41 of 2020 on the Transfer of Employees of the Corruption Eradication Commission into Civil Servants unilaterally makes KPK employees as ASN. In fact, not all KPK employees are willing to be ASN and there is public rejection of the policy. On the other hand, there are honorary teacher want to be appointed as ASN. Until now there is no certainty of transfer of honorary teacher status to ASN. Although there has been policy related to the appointment of honorary teachers to become ASN, but the policy is different from the policy transferring status of KPK employees to ASN. This study aims to find the motives of the state to transferring KPK employee status into ASN and find policy differences in the appointment of ASN between KPK employees and honorary teachers. This research showed that the transfer of KPK employee status to ASN has pros and cons motives. The pro motive is that the transfer of KPK employee status to ASN aims to have (1) KPK employees well coordinated; and (2) the need for ASN support to KPK as part of KPK strengthening. The counter motive sees the transfer of KPK employee status to ASN as an effort to control KPK and strengthen the independence of KPK employees or weaken KPK. Meanwhile, ASN appointment policy inequality between KPK employees and honorary teachers has not been in accordance with the principles of equality right and economic equality.
- Published
- 2021
- Full Text
- View/download PDF
20. Who Gets to Say Who’s Who? Plessy’s Insidious Legacy
- Author
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Thomas J. Davis
- Subjects
u.s. law ,personal identity ,personal autonomy ,identity categories ,state authority ,segregation ,discrimination ,human rights ,Social Sciences - Abstract
Plessy v. Ferguson’s legacy reaches far beyond Jim Crow’s “separate but equal” doctrine to perpetuate state control of personal identity. The 1896 U.S. Supreme Court decision upheld white supremacy’s slave law power to say who’s who, epitomized in state power to declare some human beings not persons but mere property. It sanctioned government power to identify and categorize individuals and to direct their actions and interactions based on such identities and categories. In perpetuating unchecked state determination of individual identities, Plessy persists in its insidious denial of basic human rights and fundamental freedoms. To reestablish birthright personal autonomy over identity free of state subordination requires reforming U.S. law to recognize and accept the individuality of human diversity. Such a process requires abolishing state authority to arbitrarily assign personal identity by decree and recognize the basic personal autonomy of individuals to define, redefine, and express their individual identities.
- Published
- 2021
- Full Text
- View/download PDF
21. Geographic Rules
- Author
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Kardon, Isaac B., author
- Published
- 2023
- Full Text
- View/download PDF
22. Guns, Truncheons and the Virus: An Analysis of Liberation War Ideology in the Covid-19 Pandemic Response in Zimbabwe.
- Author
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Hungwe, Joseph Pardon
- Subjects
- *
COVID-19 pandemic , *STATE power , *DEPLOYMENT (Military strategy) , *IDEOLOGY , *CRITICAL theory , *MASS shootings - Abstract
This conceptual article falls within the scope of the politics applied to the Covid-19 pandemic in Zimbabwe. The central argument is that the state authority's redeployment of liberation war ideology in its efforts to combat the Covid-19 pandemic tends to marginalise what the state authority refers to pejoratively as 'ordinary Zimbabweans'. Using critical theory as theoretical framework, I argue that the deployment of liberation war ideology as a response to the Covid-19 pandemic concurrently reinforces the dominance of state authority while marginalising ordinary Zimbabweans. Liberation war ideology is premised on the assumption that the state authority has the sole mandate to actively deploy weaponry and personnel to eliminate an enemy on behalf of its citizens. The application of liberation war ideology to the Covid-19 pandemic suggests that the state authority has monopolised and politicised the measures taken against the pandemic. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
23. Philosophical - legal considerations of coercion concept
- Author
-
TĂNASE, Oleg
- Subjects
rule of law ,state power ,legal constraint ,legal liability ,state authority ,etc ,Social Sciences - Abstract
The issue of state coercion in the last decade is becoming particularly current, its role and value have been reconsidered, which is largely conditioned by the socio-economic and political changes in contemporary society. The state coercion is one of the methods of performing state administration functions in different areas of social life (at the same time different methods can be applied to influence the members of society, such as: sanction or threat of its application, remuneration or other incentives, persuasion, etc.). Thus, the research of any legal phenomenon must not have a separate fragmentary character, but must be carried out, taking into account its place in the larger phenomena that absorb it, with the detection of functional, genetic and other social and legal phenomena. Here, we can also mention that the examination of the concept of coercion in the implementation of the rule of law, starting from the philosophical-legal desideratum, can widen the range of knowledge and can give us a more complex presentation of coercion, because its content, its role, its value are revealed in the realization of the right. Democracy, as a concept, means the power that emanates from the people and belongs to it; but at the same time, the people entrusted this power to be exercised by the state, which by virtue of a good and efficient activity divided its power. Under these conditions, the state organized on the principle of separation of powers in the state, joins the rule of law, with all the effects of functionality: state-citizen, citizen-state, mutual responsibility and coercion.
- Published
- 2020
- Full Text
- View/download PDF
24. Singapore's Lost Coast: Land Reclamation, National Development and the Erasure of Human and Ecological Communities, 1822-Present.
- Author
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POWELL, MILES ALEXANDER
- Subjects
RECLAMATION of land ,BIOTIC communities ,COLONIES ,PUBLIC domain ,CORAL reefs & islands ,DEVELOPING countries ,BEACHES - Abstract
Beginning during the colonial period, and greatly accelerating following independence in 1965, Singapore has used land reclamation to increase its national domain by nearly 25 per cent. The construction of new land was a key component of the nation's celebrated rise from 'third world' to 'first world' in the postcolonial period. But the economic benefits of remaking Singapore's coastline came at significant ecological and social costs. Nearly all of the original shore, and its attendant mangrove forests and natural beaches, were lost. So too were two-thirds of Singapore's coral reefs. While carrying out this reclamation, the state also erased a number of sites at which people made a living from the sea, including indigenous communities on the outer islands, age-old fishing villages, kelongs (large, traditional offshore fishing platforms) and prawn farms. The history of land construction in Singapore offers a number of important insights concerning the relationship between humans and our environments. First, it reveals how the tensions between an ideal situation (a city or state's relationship to other places) and a less than optimum site (its physical environment), when combined with a forceful, proactive government, can bring about immense environmental transformations. Related to that, this case sheds light on the ways in which governments - especially in developing nations - can use transformation of terrestrial and marine environments, in the name of progress, as a means of expanding and legitimating their authority. This history also reveals a perhaps unforeseen consequence of bulldozing and burying sites at which humans derived their livelihood from living oceanic resources: the loss of a cultural connection to the sea, based on knowing nature through work. Finally, this history raises the question of how environmental advocates can pursue conservation in a setting like Singapore's shores, which we can no longer consider pristine or natural. That is to say, the ongoing efforts of environmentalists to protect flora and fauna in Singapore's waters speak to the necessity of, and challenges presented by, preserving hybrid (neither entirely natural nor entirely artificial) marine environments. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
25. State Authority and Historical Research: Institutional Settings and Trends Since 1945
- Author
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Raphael, Lutz, Bevernage, Berber, editor, and Wouters, Nico, editor
- Published
- 2018
- Full Text
- View/download PDF
26. Sovereignty, RIP
- Author
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Herzog, Don, author and Herzog, Don
- Published
- 2020
- Full Text
- View/download PDF
27. Crippling Leviathan: How Foreign Subversion Weakens the State
- Author
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Lee, Melissa M., author and Lee, Melissa M.
- Published
- 2020
- Full Text
- View/download PDF
28. Menores fora da lei: um breve recorte histórico sobre a menoridade no contexto jurídico brasileiro: 1890-1940.
- Author
-
Adriano Pereira, Eder
- Subjects
- *
SOCIAL evolution , *CONSCIENCE , *STATE power , *LEGAL rights , *CRIMINAL codes , *MODERN society , *MINORS - Abstract
This essay analyzes the issue of minority in the context of political and social formation in the beginning of the Republic in Brazil, in particular, through sources such as the scope of laws of the Codes: Penal of 1890 and Minor1927 that corroborate for the understanding of legal changes that were part of how the republican government idealized the modern society that emerged in that period of wide social, political and cultural transformations. This paradox of laws for the protection of minors, in the context of the construction of the Brazilian public and democratic environment at the turn of the nineteenth century to the twentieth, reveals a period in which elitist discourses on the poorest minor mass by the legal and authoritarian resources of laws, configured the bases of state authority over the main characteristics of man belonging to a mass society, especially popular, that is, isolation, lack of social relations and consciences and legal rights formulated for the full development of childhood. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
29. Modern Forms of Management of Sea Ports and Problems of Administration of Marine Industry in Ukraine
- Author
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Anna Panchuk
- Subjects
seaports ,governance structure ,state authority ,strategy of development ,marine industry ,development plan ,competition ,private investments ,port infrastructure ,Law - Abstract
Port industry plays one of key roles the economy of Ukraine. Sea ports are component part of a transport and productive infrastructure of the state and taking into account their location play key role as a “Sea Gates” to internal transport corridors.The corporate governance reform aims to create an efficient and transparent state enterprise management environment which will protect the rights of an owner, establish an effective system of internal controls and create a level playing field with commercial companies in the market in compliance with the principles of corporate governance set out by the Organization for Economic Cooperation and Development. An author marks thе functioning and development of seaports depends on a number of factors, among which the most important are the forms of management of seaports, the level of their technological and technical equipment, the compliance of the management system with the current international requirements, the provision of regulatory and legal framework, the own and involved sources of modernization and development of maritime infrastructure. Material Unwell-being of settlement of such factors has direct influence on efficiency of functioning of port and transport industry, but also economies of country on the whole. However this research has for an object illumination of fundamental criterion is management forms. An author comes to the conclusion about the necessity of the use for Ukraine of the best world practices from administration of port industry and decision of problems that arose up, by creation at legislative level of terms for development of marine ports with application of case of Landlord Ports frame.
- Published
- 2019
- Full Text
- View/download PDF
30. State and Politics in Religious Peacebuilding in Kenya, Zanzibar and Rwanda
- Author
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Steen-Johnsen, Tale, Brewer, John D., Series editor, and Steen-Johnsen, Tale
- Published
- 2017
- Full Text
- View/download PDF
31. The Meaning of Borders for National Identity and State Authority
- Author
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Reinke de Buitrago, Sybille, Günay, Cengiz, editor, and Witjes, Nina, editor
- Published
- 2017
- Full Text
- View/download PDF
32. Civilian Disarmament: Public Order and the Restoration of State Authority in Italy's Postwar Transition, 1944–6.
- Author
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Maria Aterrano, Marco
- Subjects
- *
PUBLIC policy (Law) , *DISARMAMENT , *POSTWAR reconstruction , *WORLD War II , *FASCISM , *NATIONAL territory - Abstract
Despite its impact on the breakdown of public order and on the rise of armed violence, the role of civilian disarmament in post-Second World War transitions is yet to be properly investigated. This article argues that the disarmament of the population was a key passage in two critical aspects of the normalization of postwar Italy: the reaffirmation of State authority and the reconstruction of control structures in response to the delegitimization of established authorities that followed their collapse in September 1943. Specifically, the article focuses on the intersection between the proliferation of war weapons, public order policing, and the recovery of Italian sovereignty in the aftermath of the Second World War. This article will demonstrate that disarmament was instrumental in reshaping Italian institutions according to the imperative of regaining control over the national territory in a context marked by foreign occupation, conflicting claims of legitimacy and the inversion of the monopoly on legitimate violence. The urgency to disarm incentivized both Italian and Allied authorities to rebuild the State control system in accordance to the pre-existing model of a centralized, authoritative administration. This led toward the preservation - in the sphere of public security - of agencies and individuals strongly compromised with the Fascist regime. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
33. Justifying Limitations on the Freedom of Expression.
- Author
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Gunatilleke, Gehan
- Subjects
- *
FREEDOM of expression , *DEMOCRACY , *NATIONAL security , *HUMAN rights , *LIBERTY , *BURDEN of proof - Abstract
The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, 'limit' the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state's burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a 'duty-based' justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state's ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
34. Salus populi suprema lex: Godsdiensvryheid in krisistye.
- Author
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VENTER, FRANCOIS
- Abstract
The role of the state in the religious life of citizens has been a constant issue since the emergence of the modern state. This is inevitable because, in the hands of the state, the law may be an instrument to limit religious freedom, causing believers to be confronted with the choice of either acting lawfully or obeying their conscience. No fundamental right is absolute, but at issue is whether state authorities should, when faced with a crisis, utilise their power to impose more restrictions than would normally be the case on citizens' religious rights. In this regard, the South African government's apparent disregard for citizens' rights during the pandemic crisis of 2020, caused widespread concern. Exactly what "religious freedom" entails, is not evident. Section 15(1) of the Constitution provides a particularly dense, and therefore complex, characterisation: "Everyone has the right to freedom of conscience, religion, thought, belief and opinion." "Religion" may, on the one hand, be understood in a broad sense (including mysticism and mental phenomena such as some forms of Confucianism, Taoism and Buddhism, and non-devotional ontological views such as atheism and agnosticism); and, on the other, be regarded more narrowly, indicating attitudes or systems devoted to a single or multiple deities. Furthermore, "belief" may signify more than merely a view or attitude, but also refer to religious conviction. Religious freedom may be perceived as the first human right that received legal recognition as a fundamental right, historically dating back at least to the time of the Peace Treaty of Westphalia of 1648. The notions of a "state of emergency" and the related instrument of "martial law" have deep and controversial roots in South African history. This explains the safeguards built into section 37 of the Constitution, which requires parliamentary oversight by the executive of the declaration and conduct of a state of emergency. Theoretically, the phrase salus reipublicae/populi suprema lex has been associated with circumstances purportedly providing justification for the state to act in self-defence in times of war and civil unrest. However, during the pandemic crisis of 2020, the government elected not to declare a state of emergency, as was the case in many other countries, but instead to muster extraordinary emergency powers based on an ordinary parliamentary statute, the Disaster Management Act 57 of 2002. However, the structures provided for in this Act were selectively used, and decision making was entrusted to a nebulous body with a rather revolutionary title, namely the "National Coronavirus Command Council", established without a clear legal framework. This body largely overlapped in structure and function with the cabinet and functioned in secrecy. Ominously, the president publicly associated the measures taken to deal with the pandemic and its economic consequences with "war". The manner in which religious freedom may be limited constitutionally determines the assessment of the lawfulness of the effects of the disaster management arrangements on religious rights. Section 15(2) of the Constitution, which deals with the conditions pertaining to religious observances in state and state-aided institutions could not be realised, because the "lockdown" regulations prohibited religious gatherings in "recognized places of worship" such as churches, synagogues, mosques and temples. These regulations and the concomitant actions were, in various respects, extraordinary and the lawfulness thereof, or of some aspects thereof, were consequently challenged from different perspectives, with interesting implications. In this regard, especially the "limitations clause" (section 36 of the Constitution) has to be noted. In addition, the dictum of the Constitutional Court in 2000 in the Christian Education case became particularly apposite: "Though there might be special problems attendant on undertaking the limitations analysis in respect of religious practices, the standard to be applied is the nuanced and contextual one required by s 36 and not the rigid one of strict scrutiny." The "interpretation clause" of the Constitution (section 39), which requires the promotion of the values that underlie an open and democratic society based on human dignity, equality and freedom, might also have come into play, but its vagueness has thus far prevented the courts to provide much guidance for the application of this provision. When the prohibition of religious gatherings was challenged before the Gauteng High Court (the Mohamed case), it was found to have been done lawfully in the name of the greater good, and that "[e]very citizen of this country needs to play his/her part in stemming the tide of what can only be regarded as an insidious and relentless pandemic". Seen against the background of the inherent incompatibility of insistence on the primacy of the law with regard to prioritising religious convictions, especially given the religious plurality prevalent in South African society, it is submitted that some general principles apply. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
35. Governing education policy in a globalising world : the sphere of authority of the Pakistani State
- Author
-
ʿAlī, Sājid, Lingard, Robert., Ozga, Jenny., and Donn, Gari
- Subjects
370.9 ,globalisation ,education policy ,Pakistan education ,state authority ,critical discourse analysis - Abstract
This thesis explores the degree of independent action possible by national governments in deciding their education policies – in other words, what may be termed their sphere of authority (SoA) – in the context of globalisation; whereby Pakistan, perhaps more than many nation states, is subject to a variety of geopolitical and economic pressures. This issue is explored through a study of the recent education policy review process in Pakistan that resulted in a White Paper: ‘Education in Pakistan’ in 2007. In exploring the SoA of the government of Pakistan in deciding its education policy priorities, key areas of enquiry include the tensions between national and global interests and their attempted discursive management by the government of Pakistan. The research uses Critical Discourse Analysis (CDA) as its main methodological resource and looks at two kinds of textual data: interviews with key policy actors and selected policy texts. The methodology of CDA draws attention to the fact that texts are embedded within linguistic, discursive and structural contexts, and that these contexts provide resources that are mobilized by different actors. The textual data resources were analysed to see how language shapes the construction of the White Paper; what discourses are being drawn upon and contested in the articulation of the White Paper and thus what broad power structures shape the White Paper and illustrate the SoA of the government of Pakistan. The findings suggest that the policy review process as illustrated by the White Paper reveals various tensions caused by differences between global and national education policy interests. These tensions are visible in the style and genre of policy; the pursuit of global policy prescriptions; trends to privatization of provision; and disputes over the issue of language and about the ideological principles that should inform educational provision. The research suggests that inclusive and ‘soft’ governance discourse along with a process of consultation were used by the government in an attempt to manage these tensions. The expertise with which the government designed the consultation process and deployed discursive resources sought to establish and maintain its SoA.
- Published
- 2009
36. How Littoral Slovenians Viewed the Idea of a South Slavic Unit in the Habsburg Monarchy
- Author
-
Igor Ivašković
- Subjects
trialism ,Bosnia and Herzegovina ,History ,Slovenci ,udc:930.85(497.4) ,Habsburg Monarchy ,history ,state authority ,annexation ,Slovenians ,Slovenian liberals ,državna oblast ,zgodovina - Abstract
The article presents the idea of a third unit in the Habsburg Monarchy prior to World War I as seen through the eyes of Slovenian liberals. The author presents the broader political context in which the concept emerged and then analyses the reactions of various political groups amid national tensions in the Balkans. Extracts of two liberal Slovenian newspapers, Edinost (Trieste) and Soča (Gorizia), are examined with respect to the key geopolitical dilemmas and interests of different stakeholders affected by the new geopolitical construct. It is argued that trialism was chiefly an attempt by Austria to curtail the power of Hungary. The majority of Slovenians and Croatians initially supported the idea because it implied their political emancipation. On the other side were the Hungarians, Italians and Serbs who saw the idea as a threat to their national interests. In terms of South Slavic relations, trialism represented a new battlefield for the Catholic and Orthodox visions of Yugoslavism. With further development of the concept, first and foremost due to Austria's ambitions to satisfy the Italians and leave Trieste and Gorizia outside of the imagined third unit, the idea introduced tension into Croatian–Slovenian relations and led to a fresh dispute in the Slovenian political sphere between liberals and conservatives. Finally, the advocates of trialism were unable to gain sufficient internal support within the Habsburg Monarchy, which thereby preserved the status quo and the dual regime until the monarchy's collapse during war.
- Published
- 2022
37. كفاءة إدارة الأموال والرقابة عليها في الهيئة العامة لل ولاية على أموال القاصرين ومن في حكمهم: دراسة تحليلية
- Author
-
سعود بن عائض الشهراني and علي مفرح سرحان
- Abstract
Copyright of Journal of Economic Administrative & Legal Sciences is the property of Arab Journal of Sciences & Research Publishing (AJSRP) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2020
- Full Text
- View/download PDF
38. Criminal Punishment and the Right to Rule.
- Author
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Thorburn, Malcolm
- Subjects
- *
PUNISHMENT , *CRIMINAL justice system , *IMPLIED right of action (Law) , *CRIMINAL law , *DURESS (Law) - Abstract
Criminal justice is much more deeply connected to the very possibility of state authority than is usually understood. In this article, I argue that, whatever else criminal justice might accomplish, there is one task that it must accomplish. This, I argue, is because a certain idea of criminal justice is built into the very idea of state authority as we know it. It is just part of the idea of individuals having a private right, I argue, that there exists a legal mechanism for vindicating those rights when violated. Similarly, I argue, it is just part of the idea of the state having an exclusive right to set the terms of our association that there exists a legal mechanism for vindicating its exclusive right to do so when it is challenged. This idea of criminal justice is an old one that is built into an old understanding of state authority. In the final section of this article, I show that it is not only conceptually coherent but also normatively attractive. I end by showing that some views that have often been associated with the right-to-rule approach set out here are not part of the account at all. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
39. On fragile democracy: Contemporary and historical perspectives—Introduction.
- Author
-
Conway, Martin
- Abstract
The concept of fragility provides an alternative means of approaching the history of democracy, which has often been seen as the ineluctable consequence of Europe's social and political modernisation. This is especially so in Scandinavia, as well as in Finland, where the emergence of a particular Nordic model of democracy from the early decades of the twentieth century onwards has often been explained with reference to embedded traditions of local self-government and long-term trends towards social egalitarianism. In contrast, this article emphasises the tensions present within the practices and understandings of democracy in the principal states of Scandinavia during the twentieth century. In doing so, it provides an introduction to the articles that compose this Special Issue, as well as contributing to the wider literature on the fragility of present-day structures of democracy. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
40. Control and Resistance: Remembering and Forgetting in the Changing Dynamics of State, Market, and Individuals
- Author
-
Han, Eileen Le, Hoskins, Andrew, Series editor, Sutton, John, Series editor, and Han, Eileen Le
- Published
- 2016
- Full Text
- View/download PDF
41. Hybridarbetets utveckling, en framgång eller ett misslyckande? : En kvalitativ studie om medarbetares och chefers upplevelser av hybridarbete som arbetsform
- Author
-
Abrahamsson, Signe, Danielsson, Louise, Abrahamsson, Signe, and Danielsson, Louise
- Abstract
This is a qualitative study, and the purpose is to investigate whether hybrid work is a successful way of working in matters of conflict, leadership, and control. The two questions that form the basis of the analysis are I: What does hybrid work mean and how does this affect employees in practice? And II: What impact does hybrid work have on leadership? The essay was written on behalf of and in collaboration with a Swedish government authority. The purpose of the essay has been developed in collaboration with the authority. Semi-structured interviews have been the main approach to data collection. The interviews took place at the relevant authority with both employees and managers. Thematic analysis based on Braune and Clark’s six steps (2006) has been carried out to analyze the data and to produce the results on which the study is based. The main results that emerged are that hybrid work based on several factors entails both advantages and disadvantages. Some of the results that emerged were that change in leadership is central to hybrid work and that it requires more from managers to adapt to this. There have also been results about loss of control for both managers and employees, as well as both a positive and negative impact on mood due to hybrid work.
- Published
- 2023
42. Ethics and Sovereignty
- Author
-
Weinert, Matthew
- Published
- 2018
- Full Text
- View/download PDF
43. International Ethics within the International Social Contract
- Author
-
Eckert, Amy E.
- Published
- 2017
- Full Text
- View/download PDF
44. Conflict and Coexistence of Church and State Authorities in (Post)Communist Poland
- Author
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Pasieka, Agnieszka, Ngo, Tam T. T., editor, and Quijada, Justine B., editor
- Published
- 2015
- Full Text
- View/download PDF
45. Introduction
- Author
-
Bohne, Eberhard, Graham, John D., Raadschelders, Jos C. N., Bohne, Eberhard, editor, Graham, John D., editor, Raadschelders, Jos C. N., editor, and Lehrke, Jesse Paul, editor
- Published
- 2014
- Full Text
- View/download PDF
46. The Modern Bureaucratic State of Exception
- Author
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Illuzzi, Jennifer and Illuzzi, Jennifer
- Published
- 2014
- Full Text
- View/download PDF
47. Institutional legitimacy in Sub-Saharan Africa.
- Author
-
Dreier, Sarah K. and Lake, Milli
- Subjects
- *
RULE of law , *LEGITIMACY of governments , *POLITICAL trust (in government) , *LAW enforcement , *SOCIAL injustice , *COURTS - Abstract
How do personal encounters with legal institutions shape citizens' confidence in those institutions throughout sub-Saharan Africa? Using Afrobarometer's cross-national citizen survey, we show that negative first-hand experiences with government courts and police erode citizens' trust in those state institutions but do not tend to disrupt citizens' perceptions of their authority to arbitrate or enforce the law. Individuals from diverse demographic backgrounds imbue state institutions with the right to perform their governance and law-enforcement duties, even after experiencing institutional incompetence or injustice. This article advances existing comparative research on legal institutions, which tends to conflate trust and legitimacy and overlooks the distinction between de facto performance and de jure authority. We suggest that rule-of-law institutions have deeper roots than some scholars have previously supposed. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
48. Local Government as a Form of Democracy in Russia.
- Author
-
Lyubashits, Valentin Y., Lyakhov, Viktor P., Plotnikov, Andrey A., Voitenko, Dmitry. A., and Sokolova, Iryna A.
- Subjects
- *
LOCAL government , *DEMOCRACY - Abstract
Local government has a special place in the democratic mechanism of governing society and a state. The modernization of local self-government in post-Soviet Russia is at its early stage. Today we can only talk about some positive trends in this process. First of all, it should be noted that local self-government has both a special subject, which is the population, citizens and a special object of management: issues of local importance. Besides, one of the basic concepts that characterize the essence of local self-government as a form of organization and exercise of power is independence. Like any other form of social self-government, local government is a powerful means of activating a political system, democratic institutions, individual citizens, and of combating bureaucracy and formalism in the work of state governing bodies. The definition of the socio-political nature of the local self-government draws attention to it, first of all, by its pronounced democratic essence. The formation of local government is a long process, and its implementation should be carried out on a systematic (planned) basis in the form of a state program. However, self-government is not only the basis of democracy. Self-government and self-governing groups are the highest forms of integration of people, corresponding to the very nature of a man. This paper is dedicated to the main milestones of evolution of the local government in Russia. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
49. Care for the Poor as a Factor of Russia's Domestic Policy.
- Author
-
Pokotilova, Tatyana Evgenevna, Sergeeva, Anzhelika Anatolyevna, and Ulibina, Lubov Konstantinovna
- Subjects
- *
POVERTY , *GOVERNMENT policy , *SERVICES for poor people , *POOR people , *DICTATORSHIP , *CHARITIES - Abstract
The article deals with the problem of genesis and evolution of such a factor of Russian domestic policy as care for the poor. By the particular historical examples it is shown how, under the struggle for power between secular and religious authorities, in the period of completion of the unification of the Russian lands and the establishment of autocracy, the idea of care for the poor promoted by the church developed into ideology. As a church thesis on the necessity to take care of each other and give alms, it provided an opportunity to use the ideology and traditions of charity established in Old Russian society not only for harmonizing and stabilizing social relations and mitigating socio-economic contradictions but also for strengthening the position of the state in struggle for property and power against the Russian Orthodox Church. The continued aspiration of the church to defend its privileges through the ideology of care for the poor as a major means of struggle alongside the manipulation of the idea of care for the poor on the part of the state led to strengthening the patriarchal thesis of poverty blessed by the God in Russian public consciousness. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
50. The negotiability of state legal and bureaucratic authority during land occupations in Zimbabwe.
- Author
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Chamunogwa, Arnold
- Subjects
RATIONAL-legal authority ,LEGAL authorities ,LAND use ,LAND resource ,LEGAL procedure - Abstract
Copyright of Review of African Political Economy is the property of Review of Political Economy (ROAPE) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2019
- Full Text
- View/download PDF
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