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Journal articles on the topic 'The guardians of democracy'
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1
Hazell, Robert, and Bob Morris. "European Monarchies: Guardians of Democracy?" Political Quarterly 91, no. 4 (October 2020): 841–45. http://dx.doi.org/10.1111/1467-923x.12866.
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Bloy, Duncan. "Who guards the guardians?" Pacific Journalism Review 18, no. 2 (October 31, 2012): 14. http://dx.doi.org/10.24135/pjr.v18i2.259.
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The United Kingdom’s Leveson Inquiry has been the hottest free show in town since it began taking evidence in November 2011 until the first phase of the Inquiry concluded on 24 July 2012. During that time, the general public has been exposed to a tsunami of information from the great and the good in Britain, which raised questions not only about journalism practices and ethics but the separation of powers and the rule of law. The importance to any democracy of an independent judiciary cannot be overestimated. Sir Brian Leveson began the inquiry by posing the question: Who guards the guardians? He stressed that the concept of the freedom of the press was a fundamental part of any democracy and that he had no desire to stifle freedom of speech in Britain. This article reflects on missed opportunities and considers the future for press regulation in Britain. It also makes the point that irrespective of whatever new regime is established, it is time for proprietors, editors and journalists to stand up for responsible, public interest journalism and only then will there be an outside chance that the public’s faith in mainstream journalism will be restored.
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Oliveira, Joedson De Santana. "Uma concepção bidimensional de democracia como salvaguarda da liberdade/A two-dimensional design of democracy as a safeguard for freedom." Pensando - Revista de Filosofia 4, no. 8 (July 8, 2014): 164. http://dx.doi.org/10.26694/pensando.v4i8.1843.
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Este trabalho tem o propósito de apresentar uma concepção republicana de democracia que não é uma democracia participativista nos moldes de Rousseau, que defendeu uma democracia direta, tampouco é uma democracia liberal que resume a participação ao sufrágio. Iremos argumentar que a democracia defendida dentro do republicanismo de Philip Pettit, entendida como democracia bidimensional, por ser ao mesmo tempo eleitoral e contestatória, é não só compatível com a defesa da liberdade, mas, também e, sobretudo, guardiã da mesma.Abstract: This paper aims to present a republican conception of democracy is not a democracy direct the lines of Rousseau, who argued for a direct democracy, nor is it a liberal democracy that summarizes the participation of suffrage. We will argue that democracy advocated in Philip Pettit's republicanism, democracy understood as two-dimensional, being at the same time and contestatory election, is not only compatible with the defense of freedom, but also and above all, the same guardian. Key words: Freedom; democracy; republicanism; Philip Pettit
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Sa'adah, Nabitatus. "Mahkamah Konstitusi Sebagai Pengawal Demokrasi Dan Konstitusi Khususnya Dalam Menjalankan Constitutional Review." Administrative Law and Governance Journal 2, no. 2 (June 11, 2019): 235–47. http://dx.doi.org/10.14710/alj.v2i2.235-247.
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Abstract This study aims to find out about the constitutional court as a guardian of democracy and the constitution especially in carrying out constitutional review. The research method used is normative legal research. The results of the study show that there are several limitations to the authority of the Constitutional Court as guardians of constitutional values and democracy, especially in conducting judicial review, these boundaries become a sign for the Constitutional Court to decide upon a judicial review so that it can produce decisions in line with the spirit of democracy Parameters or reference basis for the Constitutional Court to determine whether or not constitutional law is not only based on what is written in the constitution but also based on basic principles are not written, because the basic principles are not written and moral values ideal politics, also included in the unwritten constitution. Keywords: Constitutional Court, Democracy, Institutional Review. Abstrak Penelitian ini bertujuan utnuk mengetahui mahkamah konstitusi sebagai pengawal demokrasi dan konstitusi khususnya dalam menjalankan constitutional review. Metode penelitian yang digunakan adalah penelitian hukum normatif. Hasil penelitian menunjukan bahwa Ada beberapa batasan atas kewenangan Mahkamah Konstitusi sebagai pengawal nilai-nilai konstitusi dan demokrasi, khususnya dalam melakukan judicial review , batasan-batasan tersebut menjadi rambu bagi Mahkamah Konstitusi untuk memutus permohonan atas judicial review sehingga dapat menghasilkan putusan yang sejalan dengan semangat demokrasi Parameter atau dasar rujukan bagi Mahkamah Konstitusi untuk menentukan konstitusional tidaknya suatu undang-undang tidak hanya didasarkan pada apa yang tertulis dalam undang-undang dasar tetapi juga didasarkan pada prinsip-prinsip dasar tidak tertulis, sebab prinsip-prinsip dasar tidak tertulis dan nilai-nilai moral politik yang ideal, juga termasuk dalam konstitusi tidak tertulis. Kata Kunci: Mahkamah Konstitusi, Demokrasi, Comtitutional Review.
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Lundberg, Erik. "Guardians of Democracy? On the Response of Civil Society Organisations to Right‐Wing Extremism." Scandinavian Political Studies 44, no. 2 (January 8, 2021): 170–94. http://dx.doi.org/10.1111/1467-9477.12193.
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DALY, TOM GERALD. "The alchemists: Courts as democracy-builders in contemporary thought." Global Constitutionalism 6, no. 1 (March 2017): 101–30. http://dx.doi.org/10.1017/s204538171600023x.
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Abstract:Can courts really ‘build’ democracy in a state emerging from undemocratic rule? In contemporary thought, courts are perceived as central components in any political settlement aimed at achieving a functioning democratic order in a previously authoritarian state (this piece, unlike others in the special collection, does not specifically address post-conflict contexts). The past four decades have witnessed an increasing tendency in post-authoritarian states to place significant faith in courts as guardians of the new democratic dispensation – a trend replicated in contemporary democracy-building projects (e.g. Tunisia). Constitutional courts (including supreme courts) are expected not only to breathe life into the paper promises of the democratic constitutional text, but also, increasingly, to guard and build democracy itself by policing political adherence to emerging transnational norms of democratic governance. Outside the state, regional human rights courts have also been cast as democracy-builders, acting as a support, backup mechanism, and even surrogate for domestic courts. Yet, despite this ‘court obsession’, our understanding of courts as democracy-builders remains critically underdeveloped. This article argues that while it has been assumed that courts have a central role to play in democracy-building, this assumption is based on rather slim evidence and undermined by yawning gaps in existing research.
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Abat Ninet, Antoni. "Kelsen versus Schmitt and the Role of the Sub-National Entities and Minorities in the Appointment of Constitutional Judges in Continental Systems." ICL Journal 14, no. 4 (December 20, 2020): 523–43. http://dx.doi.org/10.1515/icl-2020-0015.
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Abstract In composed and decentralised states, sub-national entities and (ethnic, linguistic, racial) minorities ought to play a determinant role in the process of appointment of constitutional courts justices to obtain a balanced representation in the guardian of the constitution. The necessary appearance of constitutional justice independence can be at stake without a proportionated participation of minorities and sub-national entities in the court. It is not enough to introduce a symbolic presence. The first section of this essay analyses the transcendence and political-legal significance that the system of appointment of constitutional court judges has and its relation to the separation of powers (horizontal and vertical). The second section is a return to the roots, ie the system of appointment the Austrian Constitution of 1920, even that first constitutional court was created in 1919, and Kelsen’s theory on federalism. The third section carries out an analysis from a comparative constitutional law perspective by using as an analytical basis the reports on the composition of the Constitutional Courts of the European Commission for Democracy through Law. The paper ends with a reflection on Schmitt considerations on the Guardians of Constitutions.
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Goldstein, Leslie F. "Judicial Review and Democratic Theory: Guardian Democracy vs. Representative Democracy." Western Political Quarterly 40, no. 3 (September 1987): 391. http://dx.doi.org/10.2307/448382.
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Goldstein, L. F. "Judicial Review and Democratic Theory: Guardian Democracy Vs. Representative Democracy." Political Research Quarterly 40, no. 3 (September 1, 1987): 391–412. http://dx.doi.org/10.1177/106591298704000303.
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Vaughn, Stephen, and Bruce Evensen. "Democracy's Guardians: Hollywood's Portrait of Reporters, 1930–1945." Journalism Quarterly 68, no. 4 (December 1991): 829–38. http://dx.doi.org/10.1177/107769909106800424.
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Reporters in films of the early 1930s were often portrayed as drunks or as less than glamorous, as evidenced by the 1930 film “The Front Page.” By the end of the decade, pressure from the American Newspaper Publishers Association, American Society of Newspaper Editors, and other professional organizations, plus film-makers' need for good press, caused a change in the way reporters appeared, as evidenced by “His Girl Friday,” the 1940 remake of “The Front Page.” World War II films often portrayed reporters as searchers for truth in a free democratic system, a striking contrast to fascist control of information abroad. This study is based on the recently opened files of the Production Code Administration plus the viewing of 35 key films of the period.
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van den Hemel, Ernst. "Who Leads Leitkultur?" Interdisciplinary Journal for Religion and Transformation in Contemporary Society 5, no. 2 (January 21, 2020): 312–30. http://dx.doi.org/10.30965/23642807-00502003.
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Abstract A widely shared but understudied characteristic of the rise of right-wing conservative populism (the New Right) is the emphasis on religious-cultural identity of the West. Using phrases like ‘Judeo-Christianity’, ‘Christian values’, or ‘Christian Leitkultur’ a variety of political actors have claimed that religious-cultural identity needs to be safeguarded and enshrined in policy. As this frame is gaining traction, the question arises what this emphasis on the public importance of religion entails for those who tend to see themselves as the guardians of religious-cultural identity. In particular this article focusses on the challenges this development creates for Christian Democratic political actors. On the one hand the emphasis on the importance of ‘christian traditions’ resonates with the historical position of christian democrats, on the other hand, there are important differences between traditional christian democracy and how the New Right speaks of religion. The main aim of this article is to outline how the rise of the New Right has created a contestation about what it means to represent christian cultural identity.
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Wiegandt, Manfred H. "Herr or Hüter of the Constitution?" German Politics and Society 36, no. 3 (September 1, 2018): 94–110. http://dx.doi.org/10.3167/gps.2018.360305.
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Cadegan, Una M. "Guardians of Democracy or Cultural Storm Troopers? American Catholics and the Control of Popular Media, 1934-1966." Catholic Historical Review 87, no. 2 (2001): 252–82. http://dx.doi.org/10.1353/cat.2001.0051.
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윤정인 and Seon-Teak Kim. "Constitutional Court as a Guardian of Democracy?" Public Law Journal 16, no. 1 (February 2015): 135–62. http://dx.doi.org/10.31779/plj.16.1.201502.006.
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Amaliatulwalidain, Amaliatulwalidain. "REPRESENTATION OF POLITICAL ROLE OF BUNDO KANDUANG IN THE REGIONAL GOVERNMENT SYSTEM IN STRENGTHENING LOCAL DEMOCRACY IN WEST SUMATERA." Journal of Malay Islamic Studies 2, no. 2 (December 31, 2018): 133–46. http://dx.doi.org/10.19109/jmis.v2i2.3780.
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This paper intends to describe in depth the representation of the political role of political parties in strengthening local democracy in West Sumatra after returning to the regional government system that changed the political system of local government in Minangkabau. Through Regional Regulation No. 2 of 2007 concerning the Principles of Regional Government, the political system of local government in West Sumatra is based on the concept of "Basandi Syarak Customary, Syarak Basandi Kitabullah". With this concept, the implementation of regional government implemented in the context of local democracy comes from three elements, one of which is the custom of Bundo Kanduang (female figure) who represents women in the area. Representation and political role of women as part of the administration of regional government, their position is formally within the Regional Musyawwah Agency (BAMUSDA). Bundo kanduang is one of the traditional institutions which is a representation of women in the area. His main task is to preserve the culture and customs of Minangkabau based on Basandi Syarak, Syarak Basandi Kitabullah. Changes in the structure of the local government system in West Sumatra have shifted the representation and role of women who were previously only guardians of the continuity and preservation of customs.
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Kommers, Donald P. "The Federal Constitutional Court: Guardian of German Democracy." ANNALS of the American Academy of Political and Social Science 603, no. 1 (January 2006): 111–28. http://dx.doi.org/10.1177/0002716205283080.
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Yang, Myungji. "The Specter of the Past: Reconstructing Conservative Historical Memory in South Korea." Politics & Society 49, no. 3 (August 2, 2021): 337–62. http://dx.doi.org/10.1177/00323292211033082.
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Through the case of the New Right movement in South Korea in the early 2000s, this article explores how history has become a battleground on which the Right tried to regain its political legitimacy in the postauthoritarian context. Analyzing disputes over historiography in recent decades, this article argues that conservative intellectuals—academics, journalists, and writers—play a pivotal role in constructing conservative historical narratives and building an identity for right-wing movements. By contesting what they viewed as “distorted” leftist views and promoting national pride, New Right intellectuals positioned themselves as the guardians of “liberal democracy” in the Republic of Korea. Existing studies of the Far Right pay little attention to intellectual circles and their engagement in civil society. By examining how right-wing intellectuals appropriated the past and shaped triumphalist national imagery, this study aims to better understand the dynamics of ideational contestation and knowledge production in Far Right activism.
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Mathie, William. "God, Woman, and Morality: The Democratic Family in the New Political Science of Alexis de Tocqueville." Review of Politics 57, no. 1 (1995): 7–30. http://dx.doi.org/10.1017/s0034670500019914.
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Tocqueville says that the superiority of American women is the chief cause of the power and prosperity of American democracy. That superiority is the result of an education that treats women as capable of freedom, but the use of that freedom is to maintain the bonds that restrict women to the household. The present article examines the role of the family and women in the new political science Tocqueville thought necessary for the defence of democratic liberty. It is argued that as the primary influence of democracy upon the family for Tocqueville has been to eliminate the authority of fathers who were the “arbiters of mores” and thereby the defenders of liberty in aristocracy, so democratic liberty depends for him above all upon the new role of women as the makers of mores. Through the agency of women, otherwise fragile religion constitutes an effective limit to the authority of the majority, but what makes it possible for religion to operate through women is their exclusion from the world of commerce, and what maintains this exclusion is the strict conjugal morality that women themselves defend in America. How far the role of women as guardians of democratic liberty might be justified is shown to depend for Tocqueville upon arguments for it that are other than those commonly accepted by American men.
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Smolik, Bartosz. "Współczesne nurty polskiej myśli nacjonalistycznej — próba podziału w aspekcie kategorii „tradycji”." Wrocławskie Studia Politologiczne 21 (March 14, 2017): 52–66. http://dx.doi.org/10.19195/1643-0328.21.4.
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Contemporary currents of the Polish nationalist thought —an attempt at division in terms of the category of “tradition”This article aims at outlining the method of dividing the Polish political thought. For this purpose the category of “tradition” is used “Tradition” is perceived by the author as a type of conscious and reflective choice of achievements of the past made in the present. Based on “tradition” the author distinguishes the following currents of the Polish nationalist thought: the current of Neo-National Democracy, the current of National Radicalism, the Catholic National current, as well as the Progressive current and the current of Slavonic Neo-Paganism. Apart from political thought the tradition of Polish nationalism also includes political movement issues, literature and art. An important role in the reception and transmission of “tradition” to contemporary times is played by its guardians, which means people who endeavor to pass it on in a form desired by them.
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Smolka, Theresia. "Decline of democracy—the European Union at a crossroad." Zeitschrift für Vergleichende Politikwissenschaft 15, no. 1 (March 2021): 81–105. http://dx.doi.org/10.1007/s12286-021-00481-w.
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AbstractAlthough EU member states have committed themselves to upholding the fundamental democratic values enshrined in Article 2 Treaty on European Union, violations of these values could be observed in some member states—first and foremost in Hungary and Poland. This article studies whether these negative developments, which are often summarized under the terms backsliding or erosion of democracy, should be classified as a loss in the quality of democracy or even as a decline of democracy. By drawing on Gero Erdmann’s (2011) theoretical definition of decline of democracy and using Democracy Barometer data for the period between 2004 and 2016, this form of loss of the quality of democracy is analysed for the 28 EU member states. In addition, the EU’s role in safeguarding democracy in its member states is discussed. The article shows that it is not only the new EU members that show a decline of democracy more frequently, but the old EU members. The EU as guardian of the democratic fundamental values is failing to live up to its role despite the numerous instruments it has at its disposal.
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Hadiz, Vedi R. "The ‘Floating’ Ummah in the Fall of ‘Ahok’ in Indonesia." TRaNS: Trans -Regional and -National Studies of Southeast Asia 7, no. 2 (December 28, 2018): 271–90. http://dx.doi.org/10.1017/trn.2018.16.
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AbstractThe article examines the idea of a ‘floating’ ummah in Indonesia today that affects the workings of Indonesian Islamic politics and democracy itself. It is asserted that the ummah, or community of believers, are more disconnected from the large mainstream Islamic organisational vehicles in Indonesia than is often claimed. A considerable cross-section of this community has become increasingly disaffected with the status quo, as social inequalities sharpen and educated youths who face uncertain futures find appeal in the tough rhetoric of fringe Islamic organisations. This rhetoric emphasises absolute standards of morality as a solution to social and economic predicaments, thereby resulting in the mainstreaming of rigid religious attitudes. Consequently, organisations seen as guardians of ‘religious moderation’ have also picked up on them in an attempt to remain relevant to their increasingly socially heterogeneous constituencies. The overall result is an Islamic politics that has become more intolerant, especially when identity politics gets absorbed into conflicts between different oligarchic factions. This was seen in the dramatic fall of the ethnic-Chinese and Christian former governor of Jakarta known as ‘Ahok’ in 2017.
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Nwafor, Anthony O. "The Lesotho Constitution and Doctrine of Separation of Powers: Reflections on the Judicial Attitude." African Journal of Legal Studies 6, no. 1 (2013): 49–68. http://dx.doi.org/10.1163/17087384-12342020.
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Abstract Since the popularization of the doctrine of separation of powers in the 18th century by Baron De Montesquieu, emerging democratic nations have continued to strive towards evolving patterns of governance that suit their internal needs with regards to the political, social and cultural peculiarities of each nation. Lesotho is no exception to this evolutionary trend, as the country transitions from a traditional monarchical to parliamentary system of government, founded on popular democracy. The 1993 Constitution of Lesotho embodies provisions that ensure the distribution of governmental powers among the three arms of government, but with due reverence to the monarch whose powers cut across each branch of government. The judiciary plays a very important role in preserving the tenets of the constitution. The courts in Lesotho have been very assertive, sometimes excessively so, by intruding into the functions of the other arms of government. This paper captures the true importance of the doctrine of separation of powers, examines the Lesotho constitutional arrangement in preserving this doctrine and calls for caution on the part of the courts as guardians of the constitutional order.
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Barzotto, Luis Fernando. "The Guardian of the Constitution. Elements for an Epistemology of Democracy." Díkaion 19, no. 2 (December 1, 2010): 427–46. http://dx.doi.org/10.5294/dika.2010.19.2.7.
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Hamamoto, Shotaro. "An Undemocratic Guardian of Democracy - International Human Rights Complaint Procedures." Victoria University of Wellington Law Review 38, no. 2 (August 1, 2007): 199. http://dx.doi.org/10.26686/vuwlr.v38i2.5520.
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This paper discusses the individual complaints procedures established pursuant to international human rights treaties such as the International Covenant on Civil and Political Rights. It discusses the bases on which these systems have been criticised as undemocratic. After considering how these democratic failings could be ameliorated through greater involvement of domestic parliaments, it questions this narrow view of democracy that looks only to parliamentary involvement, suggesting instead that apparently undemocratic individual complaints procedures can actually have a beneficial "democratising" effect.
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Prasetyo, Kukuh Fadli. "Two Ideas of Economic Democracy: Contextual Analysis on Role of Indonesian Constitutional Court as a Guardian of Democracy." Indonesia Law Review 9, no. 1 (April 30, 2019): 86. http://dx.doi.org/10.15742/ilrev.v1n9.357.
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Prozorov, Sergei. "A thousand healths: Jean-Luc Nancy and the possibility of democratic biopolitics." Philosophy & Social Criticism 44, no. 10 (April 17, 2018): 1090–109. http://dx.doi.org/10.1177/0191453718768349.
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This article addresses the relationship between ontology and politics in Jean-Luc Nancy’s theory of democracy by probing the implications of his latest ontological innovation, the concept of struction. We argue that Nancy’s democracy is a mode of politics that makes the radical pluralism of struction legitimate, opening and guarding a political space for the coexistence of the incommensurable. From this perspective, and despite Nancy’s own skepticism about the concept of biopolitics, the notion of struction opens a pathway for theorizing democracy in a biopolitical key as the regime of coexistence of radically incommensurable forms of life in the absence of any coordinating principle. We nonetheless take issue with Nancy’s prescription for democracy to remain devoid of any political affirmation of its own. Instead, we suggest that the prescriptive content of democracy consists in the affirmation of the contingency of all the forms of life that coexist in it, which implies their freedom, equality, and community. In this manner, democracy makes the incommensurability of struction both legitimate and enjoyable.
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Macklem, Patrick. "Guarding the Perimeter: Militant Democracy and Religious Freedom in Europe." Constellations 19, no. 4 (December 2012): 575–90. http://dx.doi.org/10.1111/cons.12009.
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Teršek, Andraž. "Public Universities in Post-Socialist States Could Become ‘Un-Academic’ after 2020 Pandemic." Šolsko polje XXXI, no. 3-4 (December 21, 2020): 139–65. http://dx.doi.org/10.32320/1581-6044.31(3-4)139-165.
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Firm and verifiable signs give reason for legitimate concern and criticism of the path taken by public universities in European post-socialist states in the last two decades. Not fulfilling their social role and function, as guardians of knowledge, thought, critical reflection and open-mindedness, is a cause for serious concern. Universities have bowed to the aggressive logic of the market. Instead of resisting the purely bureaucratic and brutal administrative conditions and criteria imposed by the state, universities have completely and uncritically subjected themselves to the dictates of authorities and committees controlled by the state. Academics have become passive and apathetic slaves of robotised technocratic dehumanisation. These phenomena have led universities to considerably fail to take care of the education of critically thinking citizens, of moral personalities and courageous civil intellectuals equipped with authentic and high-quality knowledge, and with self-respect, combined with an appropriate ethical self-understanding of their systemic and social role. Academics have lost awareness of their most important public role in the maintenance and progress of genuine democracy and the political system’s legitimacy. It seems that these universities have become almost non-academic. And they could finally become ‘un-academic’ due to the 2020 pandemic.
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Walcot, Peter. "Plato's Mother and other Terrible Women." Greece and Rome 34, no. 1 (April 1987): 12–31. http://dx.doi.org/10.1017/s0017383500027662.
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In the eighth and ninth books of the Republic Plato describes the four inferior or corrupt types of government – timocracy, oligarchy, democracy, and tyranny – and the four related types of human personality – the timocratic, oligarchic, democratic, and tyrannical man (544dff.). Closest to the ideal, and first therefore in sequence of decline, is the timocratic state, the term timocracy being employed not in the Aristotelian sense of a polity demanding a property qualification of its ruling class but with ‘the peculiar meaning of government by the principle of honour (τιμ). The timocratic state, it is claimed (545cff.), develops when its members no longer live in harmony but come into conflict as the guardians join brides and bridegrooms ‘inopportunely’ (παρ καιρν, 546d), so that their offspring are neither well-born nor blessed by fortune. The result is a form of government which retains some of the features of its good predecessor, anticipates some of the features of its worse successor, and also boasts some features unique to itself, such as a preference for the ‘spirited’, men better suited for war than for peace. Above all else such a state will be distinguished by a cultivation of competition and a passion for honour: διαϕανστατον δ’ ναὐστν τι μνον… ϕιλονκαι κα ϕιλοτμαι (548c).
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Zervou, Regina. "Who Owns Carnival?" Journal of Festive Studies 2, no. 1 (November 30, 2020): 128–52. http://dx.doi.org/10.33823/jfs.2020.2.1.25.
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In this article, I attempt to shed light on the complex relationship between class stratification and carnival performances in Agiasos, a mountainous village located on the Greek island of Lesbos. Rooted in fertility rites, early twentieth-century carnival there featured a collision of worldviews and attitudes between the “haves” of the village—landowners with strong links to the Church of Holy Mary, that is, one of the most important pilgrimage sites of the Aegean Sea—and the “have-nots,” the working class of the village. Following a turbulent period marked by World War ΙΙ (1939–45), the Greek Civil War (1943–49), and military rule (1969–74), the return to democracy was marked by the emergence of a new white-collar class, consisting of people with academic titles who set about to create and manage popular culture. As a result, the carnival community became informally divided between manual laborers and “the creative class,” the latter of whom appointed themselves the “guardians”’ of carnival tradition, dictating the terms under which the ritual should be performed. Based on fieldwork carried out in the village of Agiasos, this essay highlights the way the economic elite of Agiasos has been using carnival performances to exclude undesirable, unruly individuals from the village.
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Salia, H. Erli. "Peran Mahkamah Konstitusi Dalam Mewujudkan Negara Hukum Yang Demokratis." DiH: Jurnal Ilmu Hukum 13, no. 25 (August 1, 2017): 28. http://dx.doi.org/10.30996/dih.v13i25.1546.
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The Constitutional Court is the state agency that was born after the reform in 1999. Through the changes to the Constitution of 1945, the Constitutional Court is authorized to examine laws (acts) against the Constitution. In addition there are other powers to protect the fundamental rights relating to the constitutional rights of citizens. As a state agency has the authority of the Constitutional Court, among others, as the supreme interpreter of the constitution in addition to realizing the democratic government, the Constitutional Court to act as the guardian of democracy, protection of constitutional rights of citizens and the protection of human rights.Key words: the rule of law, democracy, constitutional court
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Rahmasari, Shafira. "TRANSITIVITY ANALYSIS REPRESENTING HONG KONG PROTEST 2019 IN THE GUARDIAN NEWS ARTICLE." Journal of Language and Literature 8, no. 2 (2020): 196–210. http://dx.doi.org/10.35760/jll.2020.v8i2.3096.
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News is one of a medium to give new and recent information regarding particular event including the person that is involved that is published by news publishers. One of the leading publishers in The United Kingdom is The Guardian. The Guardian reported an international news which was the activists and pro-democracy figures arrested on Hong Kong protest 2019 that was published in August, 30 2019. The paper attempts to find out the transitivity process to see how the protest is represented. It applied transitivity as the theoretical framework and discourse analysis as the approach. Based on the analysis, material process appears as the most frequent process followed by verbal, mental, and relational process. It is seen that the authorities and the government have the authority to control the protest including the activists and the activists are powerless during the arrested. Besides, the pro-democracy figures still have a room to express their opinion while the activists give their statement after being released seen through the verbal process. Relational process and mental process remark that the activists are prominent figures through the protest. In addition, circumstances are used to give detail information regarding the process.
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McCarthy, Michael A. "The Politics of Democratizing Finance: A Radical View." Politics & Society 47, no. 4 (November 11, 2019): 611–33. http://dx.doi.org/10.1177/0032329219878990.
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How can finance be durably democratized? In the centers of financial power in both the United States and the United Kingdom, proposals now circulate to give workers and the public more say over how flows of credit are allocated. This article examines five democratization proposals: credit union franchises, public investment banks, sovereign wealth funds, inclusive ownership funds, and bank nationalization. It considers how these plans might activate worker and public engagement in decision making about finance by focusing on three modes of public participation: representative democracy, direct democracy, and deliberative minipublics. It then considers the degree to which democratization plans might be resilient to de-democratization threats from business. It argues that of the five, bank nationalization goes furthest in guarding against de-democratization threats but is still pocked with pitfalls if it relies solely on representative democracy. It argues that two criteria appear necessary for democratically durable alternatives: the active direct participation of workers and citizens and the weakening of businesses’ capacity for democratic retrenchment.
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Lee, Antony. "�Guarding The Elections Online�: New Practices, Trust, and Empowerment of Citizens Identities." Journal of Indonesian Social Sciences and Humanities 8, no. 1 (June 30, 2018): 11–28. http://dx.doi.org/10.14203/jissh.v8i1.89.
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This paper scrutinizes two relatively similar cyber activisms in Indonesia, namely Guard the 2014 General Election and Guard the 2015 Local Election. The two movements serve as cases to study cyber activisms contributions to democracy. Guard the General Election, which received massive support from the internet users, has been acknowledged as a success story of a cyber political crowdsourcing in Indonesia. Guard the Local Election tried to repeat the success a year after, but received fewer supports. By scrutinizing those movements, this writing attempts to answer two connected questions of (1) how can cyber social movements contribute to democracy? (2) Why were some cyber movements received more popular support than the others? This paper argues, these movements have contributed to democratization in the way that the activisms reshaped civic culture; introducing new practices, empowering citizens identities, and strengthening trust. Also, the writing explores arguments that political momentum and mainstream media coverage are influential on determining the successfulness of cyber movements. Methodologically, this paper subscribes to qualitative content analysis as a tool to examine interviews materials as well as online and offline texts.
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Sunarmi, Sunarmi. "Democracy in Indonesia Towards Mangkunegaran: The Fade of Javanese Royal Palace's Political Power." Al-Ulum 18, no. 1 (June 1, 2018): 231–46. http://dx.doi.org/10.30603/au.v18i1.285.
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Mangkunegaran in early establishment initially had a capacity and authority armed with forces and territory, which currently only deemed as one of the cultural guardian institution even more physically interpreted as a cultural heritage object. The inability of Mangkunegaran to dampen the Anti-Swapraja Movement is actually the beginning for waning power politics in Mangkunegaran in the royal system with the doctrine of keagungbinataraan. Declarations to declaration issued by KGPAA Mangkunegara VIII to face the Anti Swapraja movement was compeletely ignored by the society. In traditional Javanese life, it is signed by oncate (the loss of) wahyu kedhaton of Mangkunegaran. In the end the Swapraja Region in Surakarta was revoked, Mangkunegaran has no authority as the center of government.
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Tang, Ling. "Guarding the Space In-between." British Journal of Chinese Studies 11 (June 29, 2021): 36–52. http://dx.doi.org/10.51661/bjocs.v11i0.71.
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Based on eight in-depth interviews, this article analyses the quandary faced by liberal mainland Chinese student migrants in Hong Kong. On the one hand, the liberal pro-democracy movements in Hong Kong are deeply intertwined with the rise of localism, which is based on a dichotomy between Hong Kong and mainland China. On the other hand, a rising, development-centric nationalism in mainland China reduces Hong Kong protesters to unemancipated British colonial subjects. However, in the context of this “double marginalisation,” liberal Mainland students guard a form of liberalism that transcends both Hong Kong localism and Chinese nationalism. They debunk the stereotype of mainland Chinese students being apolitical and therefore provide an alternative definition of being Chinese. They challenge the view that mainland Chinese can only be emancipated outside mainland China to destabilise a Fukuyamian linear interpretation of history. They use four tactics to cope with double marginalisation: understanding localists, befriending expatriates, assuming professionalism, and becoming apolitical.
Image © Ling Tang
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Zulkarnen, Zulkarnen. "Budaya Struktur Pemerintahan Republik Islam Iran." JURNAL Al-AZHAR INDONESIA SERI HUMANIORA 3, no. 1 (December 20, 2017): 1. http://dx.doi.org/10.36722/sh.v3i1.194.
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<p><em>Abstrak</em> - <strong>Kelahiran Republik Islam Iran tidak lepas dari peran Ayatollah Imam Khomeini, pemimpin spiritual ulama, sekaligus pemimpin politik yang sangat dihormati di Iran. Imam Khomeini adalah salah satu tokoh terpenting di balik revolusi Iran dan kelahiran Republik Islam Iran. Karena perannya dalam memimpin revolusi Iran bahwa Imam Khomeini ditunjuk sebagai Pemimpin Revolusi Islam, sebagaimana tercantum dalam konstitusi Iran yang disahkan pada bulan Desember 1979. Salah satu gagasan paling menonjol dalam pemikiran politik Imam Khomeini adalah idenya tentang Wilayatul Faqih (tata kelola faqih) yang pada dasarnya menuntut kepemimpinan pada umumnya, termasuk kepemimpinan politik, harus berada di tangan yang terpercaya. Pemikiran politik Imam Khomeini tentang Wilayatul Faqih yang menjadi bagian terpenting dalam struktur politik Republik Islam Iran adalah menekan imamah yang didefinisikan sebagai kepemimpinan religius dan politis serta dilakukan oleh faqih. Wilayatul faqih merupakan kelanjutan dari doktrin Imamah dalam teori politik Syiah khususnya Shia Imami. Struktur ini bukanlah ide baru dalam pemikiran kalangan Syi'ah. Imam Khomeini yang kemudian mengembangkan dan mempraktikkan wilayatul faqih ke dalam sistem pemerintahan modern Iran. Dalam menerapkan gagasannya, Imam Khomeini berhasil menggabungkan struktur pemerintahan religius dengan institusi demokrasi. Namun, Imam Khomeini memiliki definisi demokrasi yang berbeda dengan demokrasi murni dan demokrasi liberal. Dia mengatakan bahwa kebebasan demokratis harus dibatasi dan kebebasan yang diberikan harus dilakukan dalam batas-batas hukum Islam. Meski demikian dapat dikatakan bahwa konsep Wilayatul faqih merupakan salah satu varian demokrasi. Dalam konsep keseimbangan dan mekanisme penyelarasan (checks and balances) ini harus berjalan, meski lembaga tersebut berada di bawah kewenangan wali faqih. Menurut Imam Khomeini tanpa pengawasan Wilayatul faqih, pemerintah akan lalim. Jika peraturan tersebut tidak sesuai dengan kehendak Tuhan dan jika Presiden dipilih tanpa arahan faqih, peraturan tersebut tidak berlaku. Sistem pemerintahan Republik Islam Iran dapat diklasifikasikan ke dalam sistem demokrasi agama, apapun istilahnya diberikan; baik istilah "Teo-Demokrasi" Maududi, "Theistic Democracy" Moh. Natsir "Islamo-Demokrasi" Nurcholis Madjid, Demokrasi, Islam atau apapun yang mencapnya pada dasarnya sama. Sebagai konsekuensi logis, Implikasi struktur gagasan Khomeini tentang demokrasi Islam adalah model dan bentuk pemerintahan alternatif yang bisa menjadi referensi bagi negara-negara Muslim lainnya di masa depan.</strong></p><p><strong> </strong></p><p><strong><em>Kata Kunci – </em></strong><em>Wilayatul Faqih, Implementasi, Sistem, Struktur</em></p><p> </p><p><em>Abstract</em><strong>-</strong><strong>The birth of the Islamic Republic of Iran can not be separated from the role of Ayatollah Imam Khomeini, a cleric's spiritual leader, as well as a highly respected political leader in Iran. Imam Khomeini was one of the most important figures behind the Iranian revolution and the birth of the Islamic Republic of Iran. Because of its role in leading the Iranian revolution that Imam Khomeini was appointed as Leader (leader) of the Islamic revolution, as listed in the Iranian constitution which was passed in December 1979.One of the most prominent ideas in the political thought of Imam Khomeini was his idea about Wilayatul Faqih (governance of the faqih) which basically calls for leadership in general, including political leadership, should be in trusted hands. Imam Khomeini's political thinking about Wilayatul Faqih who became the most important part in the political structure of the Islamic Republic of Iran is putting pressure on the Imamat which is defined as a religious and political leadership as well as carried by the faqih. Wilayatul faqih is a continuation of the doctrine of Imamat in Shi'i political theory in particular Shia Imami. This structure is not a new idea in the thinking among the Shi'a. Imam Khomeini who later develop and practice Wilayatul faqih into Modern Iranian system of government.In applying his ideas, Imam Khomeini succeeded in combining the religious government structure with democratic institutions. However, Imam Khomeini has a different definition of democracy with pure democracy and liberal democracy. He said democratic freedoms should be restricted and the freedom granted shall be exercised within the limits of Islamic law. Nevertheless it can be said that the concept Wilayatul faqih is one variant of democracy. In this concept of balance and alignment mechanisms (checks and balances) must be running, although the institution is located under the authority of guardians faqih. According to Imam Khomeini without the supervision of Wilayatul faqih, the government will be despotic. If the rule is inconsistent with God's will and if the President shall be elected without the direction of a faqih, the rule is not valid. System of government of the Islamic Republic of Iran can be classified into a religious democratic system, whatever the term is given; either the term "Teo-Democracy" Maududi, "Theistic Democracy" Moh. Natsir "Islamo-Democracy" Nurcholis Madjid, Democracy, Islam or anything that labeled him basically the same. As a logical consequence, Implications of the structure of Khomeini's notion of Islamic democracy is a model and an alternative form of government that could be a reference for other Muslim countries in the future. </strong></p><p><strong> </strong></p><strong><em>Keyword - </em></strong><em>Wilayatul Faqih, Implementation, System, Structure</em>
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Guthrie, Brynne. "‘Guardian of the Solemn Pact’ – The Role of the Constitutional Court in South Africa’s Constitutional Transition." Max Planck Yearbook of United Nations Law Online 23, no. 1 (December 3, 2020): 355–85. http://dx.doi.org/10.1163/18757413_023001013.
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The Constitutional Court of South Africa has played a unique role in the country’s constitutional transition. This paper starts by detailing the historical and political context of the Interim Constitution which created the Constitutional Court and the constitutional principles. The article describes the approach of the Court in the First Certification Judgment (1996), analysing the impact of the Constitutional Court’s decision on the drafting of the final Constitution and the public more generally, before briefly outlining the role that the Court continues to play in protecting constitutional democracy as a ‘Guardian of the Solemn Pact’.
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Mcsherry, J. Patrice. "The Emergence of “Guardian Democracyȍ." NACLA Report on the Americas 32, no. 3 (November 1998): 16–24. http://dx.doi.org/10.1080/10714839.1998.11722736.
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Ramzan, Muhammad. "Kwangju Incident and Role of the Judiciary in South Korea." GATR Global Journal of Business Social Sciences Review 5, no. 2 (April 16, 2017): 35–39. http://dx.doi.org/10.35609/gjbssr.2017.5.2(6).
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Objective - The Constitutional Court of South Korea ('the Court') is the guardian of the constitution and has jurisdiction to decide cases concerning potential violations of the constitution. In the Kwangju incident, innocent citizens were murdered and injured while they were protesting against the military government. Their demand was to be provided the basic rights which are granted by the constitution of South Korea, as well as seeking democracy in the country. This paper analyses the judgment of the Court and observations of the judges. Further, it discusses the effects of the judgment on legislation, as well as analysing the situation involved in deciding the case in which unconstitutional actions of the military government were declared inhumane. Methodology/Technique - The research reviews articles in related area. Findings - Through this judgement, the Court played a major role in strengthening the constitution and democracy, through the way in which it reached a conclusion in the Kwangju incident case. The Court suggested the legislator should introduce new legislation to remove the latches of the case. Novelty - The study intends to learn the effects of the judgement on South Korean legislation. Type of Paper - Review Keywords: Kwangju Incident; Special-Legislation; Justice System; Democratization Movement.
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Reptova Novakova, Zuzana, and Laurent van der Maesen. "Editorial." International Journal of Social Quality 10, no. 2 (December 1, 2020): vii—xxi. http://dx.doi.org/10.3167/ijsq.2020.100202.
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Days after the European Union resolved a dispute with Poland and Hungary over a rule of law mechanism that threatened to halt the bloc’s €1.8tn budget and coronavirus recovery fund, the clash between the two sides is widening. Both countries saw opinions go against them in the EU’s top court yesterday. What began as a confrontation over democracy and the law, moreover, is fast becoming a culture war. . . . Despite having a liberal-minded urban youth, Poland and Hungary remain, overall, more socially conservative than many western European societies. For both ruling parties, appeals to family values are popular with their rural, older voter base. But evocations of traditional values also create a narrative that obscures the true nature of the showdown with Brussels and western EU members. This is over democracy and rule of law: judicial reforms, restrictions on media and erosions of checks and balances that help PiS and Fidesz to entrench themselves in power. Instead, the two parties can claim to be fighting back against alleged EU attempts to impose “alien” liberal values on unwilling societies. —Financial Times, 17 December 2020Over the past decade, the Hungarian leader has boasted of creating an “illiberal democracy” and has faced allegations of cronyism and corruption. Poland’s ruling Law and Justice (PiS) party has only been in power for five years but has also mounted an assault on judicial independence and rule of law in that time. —The Guardian, 9 December 2020Bearing this division over central values in mind, this special issue steps toward an exploration of the contested region that is Central and Eastern Europe (CEE), shedding light on some of the ongoing complex societal developments that make it noteworthy.
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Davidson, James. "A ban on public bars in Thasos?" Classical Quarterly 47, no. 2 (December 1997): 392–95. http://dx.doi.org/10.1093/cq/47.2.392.
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Among the late fifth-century regulations governing the wine-trade in Thasos is a ban on κοτυλιζεῖν (‘selling wine in half-pint measures’, or more generally ‘breaking bulk’). It is normally characterized as a law of rather narrow relevance, something to do with maintaining the quality of Thasian wines and guarding against false measures. Here I want to examine the possibility that it is in fact a highly political measure on the part of a government hostile to the demos, an attempt to ban an institution identified with democracy–the public bar.
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Avraamidou, Maria. "The “Refugee Crisis” as a Eurocentric Media Construct: An Exploratory Analysis of Pro-Migrant Media Representations in the Guardian and the New York Times." tripleC: Communication, Capitalism & Critique. Open Access Journal for a Global Sustainable Information Society 18, no. 1 (April 23, 2020): 478–93. http://dx.doi.org/10.31269/triplec.v18i1.1080.
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This article presents a critical analysis of how two elite media publications in the United States and the United Kingdom, the New York Times and the Guardian/Observer respectively, represented the so-called European refugee crisis in their editorials. The study foregrounds a media aporia of why Europe did not abide with human rights and democratic values vis-à-vis the refugee drama and a subsequent nostalgia for a European past of democracy and transnational unity that never really existed. These media representations, although sympathetic towards migrants, are inherently Eurocentric, helping to reproduce the existing repressive global migration regime because they do not see the crisis as a continuation of its coloniality but as a rupture.
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Dunkerley, James. "Pachakuti en Bolivia (2008-2010). Un diario personal." Bolivian Studies Journal/Revista de Estudios Bolivianos 15 (January 15, 2011): 9–63. http://dx.doi.org/10.5195/bsj.2010.18.
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The writing of this personal Diary approaches crucial public “moments” in Bolivian history and connects them with present debates around the exercise of democracy in the context of the New Political Constitution of the State (2006) and of the recently founded Plurinational State (2010). In an effort to embrace a Pachakuti logic, the writing avoids a strict chronological order of the facts, rather unfolding a concern with the ‘historicity’ of where Bolivia now stands and where she might be ‘going.’ The Diary begins on February 7, 2009 (inauguration of the new Political Constitution of the State) and concludes on February 13, 2010 (with a report of the British newspaper The Guardian commenting that the government of Evo Morales has created a Space Agency and plans to launch, in 2013, a satellite that will be called Tupac Katari).La escritura de este Diario personal aborda “momentos” públicos cruciales en la historia de Bolivia y los conecta con los debates actuales en torno al ejercicio de la democracia en el contexto de la Nueva Constitución Política del Estado (2006) y del recientemente fundado Estado Plurinacional (2010). En un esfuerzo por darle a la escritura una lógica de Pachakuti, no se sigue el orden cronológico de los hechos, más bien se despliega una preocupación por la historicidad de dónde está parada Bolivia y hacia dónde podría estar yendo. El Diario se inicia el 7 de febrero de 2009 (inauguración de la nueva Constitución Política del Estado) y concluye el 13 de febrero de 2010 (con un reporte del periódico británico The Guardian comentando que el gobierno de Evo Morales ha creado una Agencia Espacial y planea lanzar, en 2013, un satélite que se llamará Tupac Katari).
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KOMMERS, DONALD P. "The Federal Constitutional Court in the German Political System." Comparative Political Studies 26, no. 4 (January 1994): 470–91. http://dx.doi.org/10.1177/0010414094026004004.
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The Federal Constitutional Court is an important policy-making institution in the German political system. As the guardian of the Basic Law, the Constitutional Court has played a critical role in umpiring the federal system, resolving conflicts among branches of the national government, overseeing the process of parliamentary democracy, monitoring the financing of political parties, and reviewing restrictions on basic rights and liberties. In each of these areas, the Court's decisions have shaped the contours of German life and politics. Its influence is fully the equal of that of the Supreme Court in American politics. Despite its “activist” record of nullifying laws favored by legislative majorities, the German Court has managed to retain its institutional independence as well as the trust of the general public.
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Heiduk, Felix. "From guardians to democrats? Attempts to explain change and continuity in the civil–military relations of post-authoritarian Indonesia, Thailand and the Philippines." Pacific Review 24, no. 2 (May 2011): 249–71. http://dx.doi.org/10.1080/09512748.2011.560959.
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Vernikov, Vladimir. "The Flight and Fall of King Juan Carlos I." Contemporary Europe 102, no. 2 (April 30, 2021): 135–46. http://dx.doi.org/10.15211/soveurope22021135146.
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The article examines the factors that eroded the authority of the royal court of Juan Carlos I which is a key institution in the Spanish governance system. Juan Carlos is regarded for his patriotic stance during the transition from dictatorship to democracy and his pivotal role in the suppression of the military coup of February 23, 1981. Political pluralism and democratism also contributed to the authority of Juan Carlos. For many years, monarchy has been perceived as a guardian of stability in the country and was acceptable even to millions of republican-minded citizens. The author tracks how the Spanish public opinion turned away from Juan Carlos after the disclosure of illegal financial transactions and ugly details of his private life. The King was forced to abdicate and transfer the power to his son Felipe.
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Steudeman. "“The Guardian Genius of Democracy”: The Myth of the Heroic Teacher in Lyndon B. Johnson’s Education Policy Rhetoric, 1964–1966." Rhetoric and Public Affairs 17, no. 3 (2014): 477. http://dx.doi.org/10.14321/rhetpublaffa.17.3.0477.
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Rexhepi, Zeqirja. "THE CONTRIBUTION OF USA IN BALKAN EUROPEANIZATION." Knowledge International Journal 28, no. 6 (December 10, 2018): 2149–53. http://dx.doi.org/10.35120/kij28062149z.
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After the communist system fall, the countries in the Balkan region have faced a historical period known as “transition”, a period in which the parliamentary democracy and market economy were established. Having a sustainable historic past, Balkan countries overcome the transition phase with numerous contradictions, by protecting the borders of nation-states. Whereas, in Federative Yugoslavia, a state without a historical past, new political realities were created; a process which went through many wars and as a result, new national countries were established in the Balkans. Actually, in this corner of Europe, seventy years after Yugoslavia’s constitution as a state, the process of "dismantling" the creation of Versailles begins. In the Treaty of Versailles (1919), the United States had attempted to give its contribution to build the 20th century Europe through the process of "self-determination", but at that time American proposals were not taken into account. However, issues of the early 20th century were again put to the table in the late 20th century,The role of America at this period was quite different. In the late twentieth century America was engaged in various world regions as a "guardian" observing the global processes of contemporary civilization. In this context, noticing the “Europeans” inability, USA has got involved to a great extent in the development processes of the Balkans, contributing to the establishment of peace, political stability and the parliamentary democracy system, which in fact constitute the foundations for the "Europeanization” of the peoples and countries of the Balkans.
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Montgomery, Jonathan. "Guarding the gates of St Peter: life, death and law making." Legal Studies 31, no. 4 (December 2011): 644–66. http://dx.doi.org/10.1111/j.1748-121x.2011.00205.x.
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In 2009 the legislature, judges and Director of Public Prosecutions (DPP) each turned their attention to issues around assisted suicide. The legislature decided not to change the law. The judges decided the existing law was insufficiently clear and required the Director to clarify it. The Director flirted with reforming the law, but then drew back from such a legislative role. His published prosecution policy has been considered as a contribution to the regulation of death and dying, and as such has been found wanting. However, considered in the context of the proper roles of Parliament, courts and prosecutors, and seen as an exercise in constitutional restraint, the Director's approach should be appraised rather differently. From this perspective, the decision of the Judicial Committee of the House of Lords in R (Purdy) v DPP raises significant concerns for the legitimacy of decision making in the contested moral issues that arise in healthcare ethics. In our democracy, courts should be wary of usurping legislative authority in areas where the Parliamentary position is clear. They should be reluctant to take sides in the protracted war over access to a ‘good death’.