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1
Kay, Richard. "Constituent Authority." American Journal of Comparative Law 59, no. 3 (July 1, 2011): 715–61. http://dx.doi.org/10.5131/ajcl.2010.0027.
2
JOH, DONG EUN. "Constituent Power: A Concept in Renewal." Korean Constitutional Law Association 29, no. 2 (June 30, 2023): 35–90. http://dx.doi.org/10.35901/kjcl.2023.29.2.35.
Анотація:
The concept of constituent power is often invoked in jurisprudence and literature to account for the origin and supremacy of the constitution, the limits of constitutional amendment, and the basis of constitutional interpretation. Nevertheless, the concept of constituent power has been under criticism for quite some time, and there remains today some full-fledged arguments to dispense with it as a mythical concept, unnecessary or harmful. In order to answer the question of whether the concept of constituent power has meaning and value on the horizon of constitutional law scholarship today, it might be useful to confront these contemporary criticisms alongside a consideration of the history of the concept. A noteworthy point in the historical examination of the concept of constitutional power is the fact that Sieyès tried to distance the concept of constituent power from that of sovereignty. While Sieyès proposed ‘pouvoir constituant’ as a concept that expresses the ‘the political authority of the people’, he rejected the idea of sovereignty as a “monastic” and “colossal” that cannot give adequate explanatory function of modern form of political legitimacy. Carl Schmitt, on the other hand, who inherited the concept of constituent power from Sieyès but closely linked it to the concept of sovereignty, used the unmediated delegation of constituent power as a basis for justifying a transitional sovereign dictatorship that suspended all separation of powers. Contemporary critiques of the concept of constituent power take several forms. A positivist version suggests that the concept of constituent power as a immediate presence without representation, “das formlos Formende” is itself inconceivable. In addition, the concept reduces the question of validity and legitimacy of the legal order to the question of “who” created the constitution, while the circumstances regarding the enactment of a legal norm cannot be an independent, determinative basis for the obligation to obey the law. A normativist version argues that the concept of constituent power fails to explain coherently the problem of law's authority for it locates the source of law's authority outside the legal order. But as emphasized by Fuller and Dworkin, the authority of law is better explained by the internal morality of the legal order and this renders the concept of constituent power unnecessary. The former view contends that constitutions can only be justified in terms of their conformity to extralegal moral and practical considerations, and thus a concept of constituent power that centers on the question of “who” made them loses its importance. The latter view argues that constitutions can be justified through internal morality of the law itself, and thus the question of constitutional authority that locates the source of their authority outside the legal order is not raised in the first place. The view that the constituent power is “das formlos Formende”, the presence of the people without representation, however, may be just one interpretation of constituent power, but not the only one. Rather, Sieyès' concept which emphasizes the limited powers of the extraordinary representative in constitution-making, seems to be closely linked to considerations on the process of representation. In addition, understanding constitution-making power as extra-legal authority without any normative dimension or ‘plenitudo potestatis’, free of any legal constraints seems to be a distinctively Schmittian interpretation. It should not be overlooked that the concept of the constitution that the critiques presuppose underscores the meaning of positive ‘written’ constitution as a product of actual political processes. However, it is necessary to consider in a serious manner the problem of mystification and possible misuse of the concept of constitutional power that these criticisms highlight.
3
Chebotareva, Irina Aleksandrovna. "Competence of the constituent entities of the Russian Federation in the sphere of tourism: the state of legal regulation and prospects for development in light of the new Strategy." Административное и муниципальное право, no. 1 (January 2020): 22–36. http://dx.doi.org/10.7256/2454-0595.2020.1.31822.
Анотація:
The subject of this research is the federal legislation establishing competence of the constituent entities of the Russian Federation in the sphere of tourism. With passing of the Strategy for the Development of Tourism until 2035 by the government of the Russian Federation, and the corresponded change in the paradigm of the national tourism policy, the question on the nature and the extent of participation of the branches of public authority of various levels in its realization gains special importance. Its solution is exacerbated by the fact that tourism as a phenomenon affects different spheres public life. Therefore, it objectively serves as the subject of legal regulation of the acts of various branches of legislation, thus in one way or another, relates to majority of the subject of jurisdiction of all levels of public authority. This article is dedicated to the analysis of the state and forecast of the key trends of development of federal legislation establishing authority of the constituent entities of the Russian Federation in the sphere of tourism due to the coming enactment of the new Strategy for the development of tourism. The conducted research allowed the author to substantiate the inadequacy of the regulation of the authority of the constituent entities of the Russian Federation in the sphere of tourism by the Federal Law “On the Fundamentals of Tourism Activity in the Russian Federation”, as well as indicate the gaps therein; outline other legislative sources of competence of the constituent entities of the Russian Federation in the sphere of tourism; determine the factors of differentiation of the legal regulation of tourism as a subject of shared jurisdiction of the Federation and its constituents; signify the problems of legal formalization of the competence of the constituent entities of the Russian Federation and formulate proposals for their solution. Additionally, this article is first to subject the Strategy for the Development of Tourism until 2035 to legal assessment from the positions of competence of the Russian Federation constituents, underlining narrow avenues of its implementation from the perspective of current legislation.
4
Teichmann, Roger. "Authority." Royal Institute of Philosophy Supplement 54 (March 2004): 229–43. http://dx.doi.org/10.1017/s1358246100008523.
Анотація:
As children, we are often told both what to do and what to think. For a child to learn at all, it must in the first instance simply trust those, such as parents, who teach it things; and this goes for practical as well as theoretical learning. Doubting is necessarily something that comes later, for to be able to doubt one must have some beliefs already, e.g. concerning what sort of reasons count as good reasons, and what count as bad. But in growing up, a person does, or should, develop the capacity for rational doubt, and also the capacity for rational resistance to being told what to do. The first capacity constitutes a critical faculty, and the second is an essential constituent of practical autonomy.
5
DYZENHAUS, DAVID. "Constitutionalism in an old key: Legality and constituent power." Global Constitutionalism 1, no. 2 (June 6, 2012): 229–60. http://dx.doi.org/10.1017/s2045381712000032.
Анотація:
AbstractI argue that legal and constitutional theory should avoid the idea of constituent power. It is unhelpful in seeking to understand the authority of law and the place of written constitutions in such an understanding. In particular, it results in a deep ambivalence about whether authority is located within or without the legal order. That ambivalence also manifests itself within positivist legal theory, which explains the affinity between theories of constituent power and legal positivist accounts of authority. Legal theory should then focus on the question of law’s authority as one entirely internal to legal order, thus making the question of constituent power superfluous.
6
Pohoryelova, Z. O. "Parliamentarism, people’s sovereignty and the legislative authority: problems of relationships." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 31–37. http://dx.doi.org/10.24144/2307-3322.2021.65.5.
Анотація:
The article examines the historical relationship of people’s sovereignty with parliamentarism, with the constituent power and legislative activity, which allows a better understanding of the essence, specifics and boundaries of both the constituent power and legislative activity, as well as its derivative legislative activity. The development of the idea of popular representation and its reflection in the doctrine of democracy can be traced. The phenomenon of parliamentarism in the modern world as a system of political organization of the state is studied, in which the parliament, due to the fact that it is the highest body of popular representation, as elected directly by all people and, therefore, designed to express the sovereign will of all authorities. The scope, limits, and procedure for exercising the sovereign power of the people, including the exercise of legislative and constituent power directly by the people, the peculiarities of adopting the constitution, amending it by a referendum or constituent assembly or parliament, the possibilities and features of the people’s exercise of legislative initiative, the power of parliament to exercise constituent and legislative power. The special role of the current Constitution and the procedures established by it in the exercise of the power delegated by the people by the parliament is emphasized. Some constitutional constituent powers of the parliament are analyzed (appointment of an all-Ukrainian referendum, appointment of the President of Ukraine, appointment of the Prime Minister of Ukraine and a number of ministers and other officials, resignation of the Prime Minister of Ukraine, members of the Cabinet of Ministers Ukraine and others), implementation by the parliament of budgetary, control, ceremonial powers. Particular attention is paid to one of the most important tasks of the parliament - to exercise legislative power, in accordance with the constitutional principle of separation of powers, enshrined in Article 6 of the Constitution of Ukraine. The direct connection and dependence of the legislative powers on the legislative power of the parliament is emphasized.
7
Rugol, L. V., O. V. Khodakova, M. V. Galeeva, I. A. Deev, O. V. ,. Kungurtsev, T. G. Shakhova, O. S. Kobyakova, and I. Yu Chukhrienko. "METHODOLOGICAL APPROACHES TO FORMING THE STRUCTURE OF THE CENTRAL HEALTH EXECUTIVE AUTHORITY OF THE CONSTITUENT ENTITY OF THE RUSSIAN FEDERATION." Social Aspects of Population Health 68, no. 6 (2022): 4. http://dx.doi.org/10.21045/2071-5021-2022-68-6-4.
Анотація:
Intensification of the rule-making process in healthcare, active position of citizens and their increased demands for conditions of receiving medical services and quality of health care have resulted in increased burden on health authorities. To ensure efficiency in achieving targets in healthcare reforming and modernization, the requirements for quality managerial personnel are being increased. A wide variety of organizational and legal forms of the central health executive authorities of the constituent entities of the Russian Federation, their often insufficient staff size and imbalance in the staffing of structural units necessitate development of unified methodological approaches to the formation of the structure of the central health authorities of the constituent entities of the Russian Federation and substantiate methodology for calculating the staff size. The purpose of the study: to develop a methodology for creating the optimal structure of the health executive authority of a constituent entity of the Russian Federation and methodological recommendations for calculating their staffing. Results. Analysis of the organizational and legal structure and functional responsibilities of the state authorities in healthcare in 13 constituent entities of the Russian Federation has identified significant differences and different competencies, although each constituent entity of the Russian Federation solves general health issues within the competences, therefore, the scope of activities of all levels of government should be coordinated. Staffing of the regional executive authority (REA) should primarily depend on the population size of the constituent entity of the Russian Federation, its density, number of medical organizations, their total bed capacity, planned capacity of units providing outpatient care, and the number of medical personnel. A coefficient has been derived for calculating the staffing level of the state health authority in the constituent entities of the Russian Federation. In accordance with the general calculation criteria, several models of the REA structure were proposed, depending on the population size of the constituent entity of the Russian Federation. For REA with the number of deputies four and over, two versions of the model with different hierarchical subordination were proposed. Conclusion. Active processes of the industry reforming against the background of objective factors that determine new approaches to the healthcare system impose new, increased requirements to the executive bodies of state authority of the constituent entities of the Russian Federation, necessitate optimization of the structure, management and functional load of regional health executive authorities.
8
Orsman, Jessica. "The Treaty of Waitangi as an Exercise of Māori Constituent Power." Victoria University of Wellington Law Review 43, no. 2 (July 2, 2012): 345. http://dx.doi.org/10.26686/vuwlr.v43i2.5037.
Анотація:
This article analyses the Treaty of Waitangi in light of Carl Schmitt's concept of constituent power – the idea that in a democracy the people hold the power to make fundamental political decisions to determine their form of political existence. It finds that in 1840, Māori, as the holders of constituent power, made a fundamental political decision to share authority between themselves and the Crown. This fundamental political decision is a key element of the New Zealand constitution; limiting potential constitutional changes that would override the substance of the decision, and requiring changes to the current legal framework in order to comply with the decision to share authority. This article focuses solely on the conservative implications of characterising the Treaty as a fundamental political decision. It concludes that only a further exercise of constituent power by Māori can legitimately override or significantly change the fundamental political decision in the Treaty.
9
Vaičaitis, Vaidotas A. "The Multi-Stage Adoption of the 1992 Lithuanian Constitution in Comparative Perspective and Some Constitutional Paradoxes." Journal of the University of Latvia. Law 16 (October 16, 2023): 7–17. http://dx.doi.org/10.22364/jull.16.01.
Анотація:
This article is the first attempt to analyse the Constitution of the Republic of Lithuania of 1992 from the perspective of the comparative concept of multi-stage constitution-making. The article consists of three parts: the first two explain, why the 1992 Lithuanian Constitution is not only a result of the 1989–1992 political and legal events in the country, but also bears some conceptual similarities in the latter legal steps with those of 1918–1922. From a comparative perspective, we can see that the multi-stage constitution-making in Lithuania (as well as other Baltic states) in the late 1980s and beginning of 1990s differs from some countries in the region of Central Eastern Europe (e.g., Poland and Hungary), because it includes the concept of continuity with the inter-war republics and does not include the phenomenon of “round tables” between the Communist party and so-called new People’s Front movements. The third difference is that the new constitutions were adopted in Lithuania and Estonia (and re-adopted in Latvia) at the beginning of 1990s, i.e., during the so-called “constitutional moment”, while in Poland and Hungary this happened a bit later. The last chapter of the article shows some constitutional paradoxes of constitution-making, namely: the paradox concerning the legitimacy of the authority having the power to adopt a constituent act; the paradox of mutual inter-dependence between the constituent authority and the constituent act, adopted by this authority; the so-called paradox of “illegality of law” of the constituent act (including the constitution adoption process) and the paradox of retrospectivity of the constituent act.
10
Doyle, Oran. "Populist constitutionalism and constituent power." German Law Journal 20, no. 2 (April 2019): 161–80. http://dx.doi.org/10.1017/glj.2019.11.
Анотація:
AbstractConstituent power is a helpful component of constitutional theory because it provides a conceptual and potentially normative explanation of how a new constitution can be made without any existing legal authority to do so. Contemporary theories of constituent power, however, unhelpfully treat constituent power as a fictive entity, typically the people, that subsists through time. This predominant account of constituent power fails adequately to explain examples of constitution-making and also lends support to the populist claim that a unitary and unchanging people has an immanent but continuing role as a constitutional actor superior to the constitution itself. This enables populist leaders to rely on prevalent understandings of constitutionalism to support the sidestepping and/or removal of constraints on their power. In this Article, I trace the connections between mainstream theories of constituent power and the academically peripheral claims of populist constitutionalism. I argue for a different understanding of constituent power as a capacity that, in principle, may momentarily be exercised by any entity. This explains how a new constitution can unlawfully replace a pre-existing constitution yet come to have lawful authority itself, without implying the diachronic existence of the constituent power as an entity. I illustrate this understanding of constituent power with reference to the constitutional development of Taiwan and Ireland. These examples show—contrary to the predominant account of constituent power—that constitutional systems may be created without the exercise of constituent power and that constitutional law can play an important role in constructing an entity capable of exercising constituent power. Seen in this way, popular references in preambles are important not for their account of how a constitution was made but rather for their account of whom a constitution is for. This account of constituent power undermines core claims of populist constitutionalism. But it also provides a salutary lesson for liberal constitutionalists: a constitution adopted for a people must broadly serve the interests of that people.
11
Seguín, Bécquer. "Two Voices of the Spanish Crisis." boundary 2 47, no. 1 (February 1, 2020): 65–95. http://dx.doi.org/10.1215/01903659-7999508.
Анотація:
This essay examines intellectual authority and popular dissent in Spain following the Great Recession. It advances two contrasting theoretical accounts of the voice—the “acousmatic” and “constituent” voice—as ways for understanding how intellectuals have eluded responsibility for their role in Spain’s economic crisis and why collective attempts at holding them accountable have been limited. Through a comparative analysis, the essay traces the meanings and permutations of the acousmatic and constituent voice through four very different examples from historiography (Santos Juliá), film (Pedro Almodóvar), new media (Appgree), and literature (The Winterlings, by Cristina Sánchez-Andrade). The essay, in sum, offers new theoretical tools for identifying the disavowal of authority and showing the limits of certain digital forms of collective decision-making in Spain today.
12
Musinova, N. N. "On the local self-government organisation in the public authority unified system." Vestnik Universiteta, no. 2 (April 2, 2022): 77–84. http://dx.doi.org/10.26425/1816-4277-2022-2-77-84.
Анотація:
A significant form of constitutional rights implementation by Russians is the institution of local self-government, which has an important role to play in the civil society formation. Federal Law dated on December 21, 2021, No. 414-FZ “On the General Principles of the Organisation of Public Power in the Constituent Entities of the Russian Federation” reveals the constitutional provisions for the public power unified system organisation in the constituent entities of the Russian Federation. Currently, a draft federal law reflecting the general principles of the local self-government organisation in the public power single system is being discussed. The article analyses the main provisions of this draft law related to the public self-government development, civil society and the representative power formation at the municipal level and identifies their imperfections.
13
Kozhevnikov, O. "Constitutional and legal aspects of the execution of the constituent entities’ powers in the field of legislation on administrative offences." Law Enforcement Review 2, no. 3 (December 25, 2018): 43–51. http://dx.doi.org/10.24147/2542-1514.2018.2(3).43-51.
Анотація:
The subject of the paper is constituent entities’ powers in federative state concerning the establishment of the administrative responsibility for breach regional and municipal rules.The purpose of the paper is to justify the need for new approaches to the delimitation of the constituent entities’ jurisdiction in the field of legislation on administrative offences, up to the allocation of administrative-tort legislation in the exclusive jurisdiction of the Federation.The methodology. General and special scientific methods of cognition were applied: systemic, comparative legal, formal logical. The analysis of legislative and law-enforcement practice of the constituent entities of the Russian Federation, the legal decisions of the Con-stitutional Court of the Russian Federation, is also used.The main results and scope of their application. The constituent entities of the Russian Federation, making legal acts in the field of legislation on administrative offenses, are not always properly take into account the boundaries of their competence in the field of establishment of administrative responsibility for committing administrative offences for breach regional and municipal rules. The compliance of such constituent entities’ authority to es-tablish this type of responsibility with the provisions of art. 19 and 55 of the Russian Con-stitution is very debatable issue. Although Constitutional Court of the Russian Federation in its decisions confirms the constitutional empowerment of the constituent entities with the authority to establish in its laws the administrative responsibility for violation regional and municipal rules, such decisions are controversial. It may be useful to consolidate adminis-trative and tort law in the exclusive jurisdiction of the Russian Federation.Conclusion. The provisions of Federal legislation that let constituent entities of the Russian Federation to establish administrative responsibility for administrative offenses are not fully comply with the constitutional provisions, despite the opinion of the Constitutional Court of the Russian Federation.
14
Lobov, Mikhail N. "Vladimir Provincial Provisional Executive Committee and Preparations for the Elections to the Constituent Assembly." Университетский научный журнал, no. 77 (December 25, 2023): 141–50. http://dx.doi.org/10.25807/22225064_2023_77_141.
Анотація:
The main purpose of this article is to review the activities of the Vladimir Provincial Provisional Executive Committee dedicated to the preparation of the province population for the elections to the Russian Constituent Assembly. The Provisional Government, formed after the February Revolution of 1917, claimed only temporary powers, intending to transfer all the authority to the new government elected at the Constituent Assembly. To do this, in turn, it was necessary to elect delegates from all provinces and military districts, as well as to explain the importance of the Constituent Assembly election to the population. As a local self-government body in the province, the Vladimir Provincial Provisional Executive Committee assumed obligations to assist the Provisional Government in the performance of its tasks.
15
Oates, John G. "The fourth face of legitimacy: Constituent power and the constitutional legitimacy of international institutions." Review of International Studies 43, no. 2 (December 8, 2016): 199–220. http://dx.doi.org/10.1017/s0260210516000371.
Анотація:
AbstractScholars of international organisation commonly differentiate among three dimensions when studying the legitimacy of international institutions: input, throughput, and output legitimacy. I argue that the study of global governance needs to consider a fourth ‘face’ of legitimacy: constitutional legitimacy. This dimension addresses the normative and practical questions related to the constitutive justification for an institutional order – such as in whose name it is founded, whose interests it should serve, and how authority should be distributed within that institutional order. These questions are distinct from the procedural features of institutions emphasised by other dimensions and concern the constituent power that should ground the authority of governance institutions. In this article, I develop this fourth dimension of legitimacy, explore its varied expressions in world politics, and show how it has implications for the constitutional structure of global governance arrangements. I argue that different representations of constituent power shape the legitimacy of different authority relations within international institutions and illustrate these claims with an analysis of the politics of legitimacy in three cases: the ongoing effort to reform the UN Security Council, the negotiations over the founding of the International Criminal Court, and the debates over the Responsibility to Protect at the UN.
16
Ivanova, Elena. "On the Competence of Constitutional (Statutory) Councils in Legislative Bodies of Constituent Entities of the Russian Federation." Academic Law Journal 23, no. 1 (April 25, 2022): 50–59. http://dx.doi.org/10.17150/1819-0928.2022.23(1).50-59.
Анотація:
The article is devoted to the research of certain issues of the constitutional (statutory) councils’ organization and activities, supposed to be created under the legislative (representative) bodies of the constituent entities of the Russian Federation (hereinafter referred to as the constituent entities of the Russian Federation). The paper reflects the author's position on the issues of the decision taken by the federal legislator to abolish the constitutional (statutory) courts of the constituent entities of the Russian Federation, its reasons, as well as the possibility of considering constitutional (statutory) councils as successors of their activities. The author of the article concluded that, despite the experience in foreign and domestic practice of the functioning of quasi-judicial bodies involved in ensuring constitutional legality, the activities of modern constitutional (statutory) councils in the constituent entities of the Russian Federation can receive a different, even broader content. In this regard, the article describes the authority entrusted to constitutional (statutory) councils, formulates proposals for securing some of them. In particular, for these bodies, the greatest prospects for the powers of preliminary normative control are substantiated in comparison with the subsequent one, to the bodies of regional constitutional (statutory) justice that are becoming a thing of the past. When considering the exercise of the authority to interpret the provisions of the constitution (charter) of a constituent entity of the Russian Federation, comments were made regarding the procedure for the formation of constitutional (charter) councils if such an interpretation is made binding. The research also describes the analysis of the only existing Law of the Republic of Sakha (Yakutia), which regulates the activities of the Constitutional Council of the Republic of Sakha (Yakutia), some comments are made on this legislative act. The final part of the article contains proposals for improving federal regulation on the creation of constitutional (charter) councils, the development of a model law.
17
Tsaliev, Aleksandr. "Judicial Power as Mandatory Attribute of a Constituent Entity of the Russian Federation." Journal of Russian Law 4, no. 4 (April 11, 2016): 0. http://dx.doi.org/10.12737/18703.
Анотація:
The article criticizes the idea of territorial federalism and on the example of judicial power the author demonstrates that attempts to reduce the constitutional and legal status of constituent entities of the Russian Federation to the level of administrative-territorial units only pursue the aim to divest them of state authority and property. In order to substantiate his point of view, the author analyzes the legal status of constituent entities of the Russian Federation and notes that judicial power is defined as their mandatory attribute. The author underlines social demand and necessity in founding and functioning of constitutional (charter) courts of constituent entities of the Russian Federation. The author criticizes the draft law which proposes to exclude justices of the peace from the courts of constituent entities of the Russian Federation and grant them the status of federal courts. The author describes German experience, where constitutional justice is carried out as part of the model of a two-level constitutional control — by the Constitutional Court of the Federation and bodies of specialized constitutional justice of constituent entities as its integral part.
18
Chikhladze, Levan T., and Olga A. Friesen. "Implementation of constitutional provisions concerning uniformed public authority in the Russian Federation." RUDN Journal of Law 26, no. 1 (March 24, 2022): 7–24. http://dx.doi.org/10.22363/2313-2337-2022-26-1-7-24.
Анотація:
The article analyzes changes introduced to the current Russian legislation after the constitutional amendments adopted in 2020. The analysis is conducted in relation to the previously issued rulings of the Constitutional Court of the Russian Federation concerning several isolated aspects of organization and implementation of the uniform public authority system in the Russian Federation. Upon thorough study of the Federal Law On the federal territory Sirius No. 437-FL of 22 December 2020, as well as of the draft bill On general principles of organization of public authority in the constituent entities of the Russian Federation authors outline arising questions and, more specifically, possible difficulties in organization and implementation of the public authority in the federal territories of the Russian Federation.
19
Dahl, Adam. "Self-Determination between World and Nation." Comparative Studies of South Asia, Africa and the Middle East 40, no. 3 (December 1, 2020): 613–21. http://dx.doi.org/10.1215/1089201x-8747581.
Анотація:
Abstract Rejecting the rigid dichotomy between anticolonial nationalism and postnational solidarity, Adom Getachew's Worldmaking after Empire argues that anticolonial leaders in the Caribbean and Africa did not outright reject the nation-state in their quest for self-determination. Instead, they internationalized the nation-state through the construction of new constituted powers that linked national sovereignties together in global juridical, political, and economic bodies. This essay explores a neglected question in this account: What were the constituent powers—the underlying sources of authority —that corresponded to these new global institutions? What, in other words, was the constituency of self-determination? Focusing on C. L. R. James and W. E. B. Du Bois, Dahl shows how anticolonial constituencies are at once the referent and effect of claims for self-determination. For James and Du Bois, politically delineating the constituency of self-determination is central to the institutional project of securing nondomination against international hierarchies of empire and enslavement.
20
Colón-Ríos, Joel. "Constituent Power, the Rights of Nature, and Universal Jurisdiction." McGill Law Journal 60, no. 1 (December 8, 2014): 127–72. http://dx.doi.org/10.7202/1027721ar.
Анотація:
This article provides a justification for the exercise of universal jurisdiction in cases of serious environmental damage. This justification rests in important ways on the theory of constituent power. The theory of constituent power has an intergenerational component that requires the protection of the environmental conditions that allow future generations to engage in constitution-making episodes. This article maintains that, by virtue of the connections between constituent power, the right to self-determination, and state sovereignty, the justification for the exercise of universal jurisdiction for serious environmental damage is at least as compelling as the justification for its exercise with respect to egregious human rights infringements. In those scenarios, courts exercising universal jurisdiction would be acting to protect the ability of present and future peoples to participate in the constitution and reconstitution of the states that make up the international community. Such a jurisdiction would rest on the authority of humanity as a whole rather than on that of any state or people.
21
Schilling, Theodor. "Alec Stone Sweet's “JuridicalCoup d'État” Revisited:Coups d'État, Revolutions,Grenzorgane, and Constituent Power." German Law Journal 13, no. 3 (March 2012): 287–312. http://dx.doi.org/10.1017/s2071832200020502.
Анотація:
With his “highly suggestive,” “thought-provoking” paper,The Juridical Coup d'État and the Problem of Authority, Stone Sweet initiated an ongoing debate. The paper was the object of immediate comments by three eminent legal scholars and of a response to them by Stone Sweet. Most recently, Corrias has developed on its basis a theory of constituent power now. The present article will mostly deal with those aspects of Stone Sweet's paper on which Corrias has relied.
22
Trpin, Gorazd. "The Process of Communication between Citizens and Public Authority Bodies - a New concept of General Administrative Procedure." Lex localis - Journal of Local Self-Government 6, no. 2 (September 2, 2009): 153–69. http://dx.doi.org/10.4335/47.
Анотація:
This paper stresses that fundamental procedural rules, such as lawfulness, fairness, openness, the possibility of active participation in forming a decision, explanations of decisions, transparent legal remedies, etc. must become a constituent part of normal communication between individuals and public authority bodies. The paper also places an emphasis on the perception of these institutes that should become part of administrative ethics so that it would no longer be necessary to consider whether a certain action is in accordance with the law or not. In this case, we could most probably expand the applicability of this procedure to the state administration, local self-governing bodies and holders of public powers of attorney so that we would be left with one single procedure that would be more adapted to the modern method of communication between individuals and public authority bodies.
Key words: • Process of Communication • General Administrative Procedure • Public Authority Bodies • Slovenia • Croatia
23
Arato, Andrew. "Democratic constitution-making and unfreezing the Turkish process." Philosophy & Social Criticism 36, no. 3-4 (March 2010): 473–87. http://dx.doi.org/10.1177/0191453709358543.
Анотація:
This short article will seek to explore the causes, and possible solutions, of what seems to be the current freezing of the Turkish constitution-making process that has had some dramatic successes in the 1990s and early 2000s. I make the strong claim that democratic legitimacy or constituent authority should not be reduced either to any mode of power, even popular power, or to mere legality. It is these types of reduction that I find especially troubling in recent Turkish constitutional struggles, where the legal claims of two powers — the government-controlled legislative and the judicial branches — to structure the constitution are not backed by sufficient political legitimacy. In effect these two powers that claim their constituent authorization, rather implausibly in my view, from either the democratic electorate or from an original constituent power, because of their conflict threaten to freeze the constitution-making process that very much needs to be continued and concluded. I end the article by making a suggestion for one possible constitution-making procedure that would be both legitimate and legal.
24
Drysdale, David J. "Melville’s Motley Crew: History and Constituent Power in Billy Budd." Nineteenth-Century Literature 67, no. 3 (December 1, 2012): 312–36. http://dx.doi.org/10.1525/ncl.2012.67.3.312.
Анотація:
This essay reads Herman Melville’s final novel Billy Budd (written 1886–1891) in light of recent scholarly interventions into "oceanic studies." Melville’s parable of authority and resistance reveals how oceanic forms of power are contained and appropriated by national discourse. Focusing especially on the vexed relationship between the eponymous "Handsome Sailor" and Captain Vere, the essay claims that Billy Budd depicts the conflict between the transformative potential of what Peter Linebaugh and Marcus Rediker term "hydrarchy" and the "formed, measured forms" favored by Vere and the nation-state he represents. In narrating Billy Budd’s incorporation into the machinery of state power on board the Bellipotent, Melville’s novella reveals the complicity between official accounts of history and the counterinsurgent project of colonial power. Even as Melville depicts this process of historical fashioning, however, he also points to ways in which such a logic might be resisted by a canny reader who looks to the "ragged edges" of narrative.
25
Scholtes, Julian. "The complacency of legality: Constitutionalist vulnerabilities to populist constituent power." German Law Journal 20, no. 3 (April 2019): 351–61. http://dx.doi.org/10.1017/glj.2019.26.
Анотація:
AbstractWhat role do public law and liberal constitutionalism play in an era of political populism? This article approaches this question by exploring the concept of constituent power in the light of recent constitutional developments in countries with populist governments. It attempts to outline and contrast conceptions of constituent power as inherent in liberal constitutionalist and populist thinking, respectively. While constitutionalists draw heavily upon Kelsenian normativism in framing the way political power is generated, populists juxtapose this with a concept of constituent power that is inspired by Carl Schmitt’s ‘decisionist’ view. The complacency of legality inherent in liberal constitutionalist thinking is susceptible to a populist challenge that draws attention to the necessity for the social embeddedness of any legal order. Populism, it is argued, exposes a core tension inherent in constitutionalism: How do constitutionalists reconcile their democratic aspirations with the simultaneous preclusion of certain political choices from the democratic realm? Populists can attack constitutionalism also because of the deficient conception of constituent power that underlies the latter. The article concludes that, where challenged by populists, public law can at some point no longer rely on its own force to defend itself. Its authority needs to be re-established from an extra-legal, pre-positive perspective. In an era of political populism, constitutionalist public law becomes a discourse that can challenge populism by means of the powerful reasons that inhere in the former.
26
Погребова, Елена, and Elena Pogrebova. "Preliminary assessment and analysis of public amenities capacity and status in the constituent entities of the Russian Federation: Methodological recommendations." Services in Russia and abroad 8, no. 5 (July 31, 2014): 47–56. http://dx.doi.org/10.12737/5363.
Анотація:
The article presents the results of the author’s attempt at developing a complex of methodological recommendations for the preliminary assessment and analysis of the public amenities capacity and status in different constituent entities of the Russian Federation. The recommendations as developed by the author are based on specific examples, and are supported by information sources regarded by the author as necessary to use in the course of the analysis. The author also provides recommendations on the graphic representation of the results of the analysis (spread sheets) as well as recommendations on rating of the regions (ranking and grouping the regions in accordance with the level of public amenities development they demonstrate), a thorough analysis of the system of the public administration of the industry, the competences and authority of the federal executive bodies, regional agencies of State power and the local authorities responsible for the regulation of relations in the sphere of public services, an assessment of the capacity of public service providers, and a comparison of public service user prices as quoted by municipal entities in different constituents of the Russian Federation.
27
van de Bovenkamp, Ellen. "Tariq Ramadan: A Voice for Decoloniality in France and in Morocco." Journal of Muslims in Europe 11, no. 1 (February 18, 2022): 67–83. http://dx.doi.org/10.1163/22117954-bja10045.
Анотація:
Abstract The dominance of social media has made religious authority temporary and fragmentised. Tariq Ramadan’s rise to fame in Morocco cannot be disconnected from the particular position he had in France as a controversial figure who spoke up for Muslims in many heated debates. Fieldwork in Morocco shows that the religious practices and points of view of fans of Tariq Ramadan bear similarities to those of youngsters in other countries. Although Islam is a shared interest, politics and postcoloniality play an important role in his popularity. The article demonstrates the importance of engagement with social, cultural and political issues as an indispensable constituent of authority, and argues that Moroccan fans of Ramadan are sensitive to the manner in which he criticises postcolonial power structures. The need to deconstruct neo-colonial structures and discourses is felt by French and Moroccan Muslims alike.
28
Vedysheva, N. O. "Environmental and Legal Problems of Ensuring the Safety of Owner Cattle Burial Grounds." Courier of Kutafin Moscow State Law University (MSAL)), no. 3 (June 4, 2023): 119–28. http://dx.doi.org/10.17803/2311-5998.2023.103.3.119-128.
Анотація:
The article proposes an analysis of legislation in terms of ensuring environmental safety and sanitary and epidemiological welfare of the population, biological safety. There is a different approach in the legal regulation of safety until 2019, the year of the adoption of the new Fundamentals of State Policy in the field of ensuring chemical and biological safety, and after. Among the considered aspects of the legal support of biological safety in the constituent entities of the Russian Federation, the features of the legal regulation of empowering local governments with the authority to maintain animal burial grounds, biothermal pits owned by the constituent entity of the Russian Federation are highlighted. The problem of the lack of a unified approach in regulating security on the territory of a constituent entity of the Russian Federation in terms of identifying ownerless cattle burial grounds, including anthrax and eliminating unused cattle burial grounds, is highlighted. In the state information system in the field of veterinary medicine, there is no information about the economic activities of participants in the circulation of biological waste that collect and process it, this does not allow a comprehensive approach to the issue of regulating the biological waste management system, the author shows the need to amend the legislation on veterinary medicine and biological safety.
29
Savoskin, A. V., and V. V. Kuryatnikov. "Procedure for the Formation of Constitutional (Statutory) Councils of the Constituent Entities." Lex Russica 76, no. 4 (April 20, 2023): 94–105. http://dx.doi.org/10.17803/1729-5920.2023.197.4.094-105.
Анотація:
The abolition of the constitutional (statutory) courts of the constituent entities of the Russian Federation as specialized bodies of legal protection of the Basic Law has set the task of forming new mechanisms for ensuring constitutional legality for the constituent entities of the Russian Federation. At the same time, the federal legislator, having authorized the creation of constitutional (statutory) councils of the constituent entities of the Russian Federation, did not determine either their status or the procedure for their formation. At the same time, it is the order of formation that often determines the real place and role in the system of public power, and the unresolved issue will prevent the creation of constitutional (statutory) councils in the constituent entities of the Russian Federation. In addition, it is the order of formation of the body (and not the competence or the order of work) that is given the main attention in the three laws on already established constitutional councils in the Republics of Yakutia, Adygea and Bashkiria. The paper analyzes the experience of the formation of constitutional protection bodies of the Basic Law and, above all, constitutional (statutory) courts of the constituent entities of the Russian Federation as historical predecessors of constitutional (statutory) councils. The problems of establishing requirements for candidates for members of the constitutional (statutory) councils of the constituent entities of the Russian Federation are studied. The order of formation of constitutional councils in Yakutia, Adygea and Bashkiria is analyzed. The three most probable models of formation of constitutional (statutory) councils of the constituent entities of the Russian Federation are substantiated. The authors propose a model that is deemed optimal. They suggest appointing members of the constitutional (statutory) council exclusively by the legislative (representative) authority of the constituent entities of the Russian Federation following the proposal of a wide range of state bodies, officials and organizations (and not only on the proposal of the head of the constituent entity of the Russian Federation). It is also proposed to establish separate deadlines for submitting candidates to the parliament of a constituent entity of the Russian Federation and for subsequent decision-making thereon. At the same time, the deadline for submitting candidates to the House of Parliament should be sufficient for proper notification and selection of candidates and should be at least three months, while the deadline for making a decision on candidates can and should be as short as possible (for example, one month). It is proposed to replicate the experience of the Constitutional Council of Adygea, the chairman, deputy Chairman and secretary of which are elected by the constitutional advisers of Adygea from among their members.
30
Romanchuk, Ivan S. "Coordination Links between Heads (Governors) of Constituent Entities of the Russian Federation and Local Self-Government Authorities: Problems of the Constitutional and Legal Regulation." Municipal service: legal issues 2 (April 25, 2024): 15–19. http://dx.doi.org/10.18572/2072-4314-2024-2-15-19.
Анотація:
This article is devoted to the consideration of the constitutional and legal aspects of building coordination ties with the participation of heads (governors) of the constituent entities of the Russian Federation and local governments. It is noted that connections of this kind in a unified system of public authority arise in order to facilitate the development of local self-government and correspond to the nature of coordination, however, the scope of powers granted to the heads (governors) of the constituent entities of the Russian Federation requires critical reflection from the position of presence (absence) objective opportunities for the formation of coordination relations of the quality and content that are more consistent with the regional specifics and the needs of the organization of public power structures in a single subject of the Russian Federation. The conclusion is substantiated that in the relationship between the highest official of a constituent entity of the Russian Federation (coordinator) and local self-government bodies (coordinated persons), a transition to building, mainly, organizational relations to support the rule-making, organizational, financial activities of municipalities, ensuring monitoring of the state of protection is necessary. respect for human and civil rights and freedoms and national security. It is proposed to modify the legal status of councils of municipalities through recognizing them as an independent type of non-profit organizations in the field of public administration, establishing a requirement for the obligatory consideration of the posi-tion of the council by public authorities of a constituent entity of the Russian Federation in the listed areas.
31
Setiawan, Rahmat Adi. "Public Authority in Interim Replacement of Members of the House of Representatives." UMPurwokerto Law Review 1, no. 2 (September 29, 2020): 86. http://dx.doi.org/10.30595/umplr.v1i2.8661.
Анотація:
The House of Representatives is a people's representative institution or legislative body. Membership of the House of Representatives, both at the central and regional levels, can be replaced with other members through a mechanism, namely Interim Replacement. The purpose of interim replacement is to maximize the performance of legislators effectively and efficiently. However, there is a problem, namely the replacement of members of the legislature in the middle of their term of office. This study aims to analyze the mechanism of interim replacement of members of the House of Representatives and how the involvement of voters in the intertime replacement mechanism. This research is normative juridical research using secondary data as the primary data in the form of legislation, research results, and journals. Based on the research results, the interim replacement mechanism does not involve the public, namely voters. Disputes between members of the legislature and the supporting party cannot be avoided due to the inappropriate process of implementing the mechanism. It is necessary to improve the mechanism for the Interim Replacement of members of the House of Representatives, which is not only the authority of political parties but also the public authority, namely the constituent voters.Keywords: Public Authority, Interim Replacement, Representative
32
Oklopcic, Zoran. "Between Globes and Cones." International Journal of Social Imaginaries 1, no. 2 (November 25, 2022): 233–64. http://dx.doi.org/10.1163/27727866-bja00012.
Анотація:
Abstracts Increasingly preoccupied with the imaginative dimension of contemporary constitutionalism its theorists are yet to offer an analytically sophisticated, conceptually illuminating, and practically useful account of constitutional imagination – not as a historical phenomenon, but as an ongoing, professional activity. The aim of this essay is to contribute to this objective by exploring how theoretical definitions, observations, figurations, representations, narrations, justifications, and aspirations shape – and may yet to shape – our understandings of constitutionalism, constitution-making, constitutional authorship, constituent power, democratic decision-making, sovereign will, institutional hierarchy, legitimate authority, and the role of constitutional norms in political contestation around the world.
33
Sapaniuk, A. I., K. V. Ljadov, V. G. Polushkin, A. V. Alatortsev, and O. B. Otdelnova. "Financial policies in Russian compulsory medical insurance: regional strategies for access to healthcare services in oncology." National Health Care (Russia) 3, no. 2 (December 7, 2022): 38–45. http://dx.doi.org/10.47093/2713-069x.2022.3.2.38-45.
Анотація:
Forming a key source of the regulatory framework for the provision of medical care to the population since 2022, Russian National Guidelines have given rise to a complex set of legal relations in the financial and economic activities of medical organizations and constituent entities of the Russian Federation, associated with ensuring the necessary amount of medical care. This article analyzes the scope of opportunities for a regional health authority in providing the most effective system for financing oncological care in the region and analyzes examples of effective adaptation of the regional financing system to the requirements of clinical guidelines.
34
Anokhin, Vadym O. "MAIN DIRECTIONS OF LEGAL WORK IN PUBLIC AUTHORITIES: THE EXAMPLE OF THE TAX AUTHORITY." Bulletin of Alfred Nobel University Series "Law" 2, no. 7 (December 2023): 70–76. http://dx.doi.org/10.32342/2709-6408-2023-2-7-7.
Анотація:
The article is devoted to the study of the areas of legal work in public authorities on the example of the State Tax Service. The article proposes to divide legal work into two main components: work related to support of court cases and work not related to court work. The author notes that the concepts of "function" and "area of work" are similar in content, but "area of work" is a narrower concept and is part of the function which is broader in content. As a result of the analysis of the areas of legal work, it is established that such areas are directly based on certain priority principles, which are also proposed for consideration. Research by practitioners and scholars suggests that the area of legal work related to compliance with the law actually gives legal departments a control and supervisory function over other structural units of public authorities, since compliance with the law is the key to reducing complaints and lawsuits. As a result of the analysis of the developments of national scholars, it is found that the information resource is influential for legal work, its directions and prompt adoption of lawful and reasonable decisions, and the process of transition from paper to electronic document flow only contributes to the improvement of the organization of work of a public authority. The proposed work, in the context of the areas of legal work, contains definitions and understanding of such terms as: lawmaking activity; law enforcement activity; law application activity; control and supervision activity; constituent activity; preventive activity. The analysis of the activities of legal departments in public authorities leads to the conclusion that the areas of work under consideration relate not only to legal departments, but also to other structural units of a public authority.
35
Evsikova, E. V., and V. L. Ogol. "SOME PROBLEMS OF DRAWING UP THE PROTOCOLS AND ATTRACTION TO THE ADMINISTRATIVE RESPONSIBILITY BY THE FEDERAL AUTHORITY ON THE BASIS OF THE TRANSFER OF AUTHORITIES AND PERSPECTIVES ITS REFORMED." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), no. 2 (2020): 368–82. http://dx.doi.org/10.37279/2413-1733-2020-6-2-368-382.
Анотація:
The article analyzes and reveals the prerequisites that necessitated a radical processing and reform of the administrative-tort legislation of the Russian Federation, the author studies the Concept of the new Code of the Russian Federation on administrative offenses and substantiates the need to adopt a new Code of the Russian Federation on administrative offenses. The article examines the theoretical and practical problems of bringing to administrative responsibility in the Russian Federation and the constituent entities of the Russian Federation. So, one of the key problems today remains the lack of agreements on the transfer of authority to draw up protocols on administrative offenses that encroach on public order and public safety, provided for by the laws of the constituent entities of the Russian Federation, which are officials of the internal affairs (police) if transfer These powers are provided for by agreements between the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of internal affairs, and executive authorities of the constituent entities of the Russian Federation on the transfer of the exercise of part of their powers. So, most of the draft agreements have been returned for revision with suggestions and comments, including those related to the absence in the regional legislation of the specifically prescribed powers of regional executive authorities to draw up protocols, the transfer of which is provided for by agreement between the relevant executive authorities of different levels.
36
Осминин, Борис, and Boris Osminin. "FEDERAL STATE CLAUSE, TERRITORIAL UNITS CLAUSE AND FEDERAL RESERVATION — THE WAYS TO LIMIT INTERNATIONAL TREATY OBLIGATIONS." Journal of Foreign Legislation and Comparative Law 2, no. 4 (September 5, 2016): 0. http://dx.doi.org/10.12737/21261.
Анотація:
Federal states may encounter difficulties in applying international treaties on matters constitutionally committed to their constituent units. In such cases a federal state may not be able to join the treaty without some accommodation either by its constituent units or other parties to the treaty. There are certain methods by which these problems can be reduced: federal state clauses, territorial units clauses, and federalism reservations. Some treaties may include a federal state clause to the effect that limits the scope of treaty’s obligations to those that federal state’s government has constitutional authority to assume. Another solution is to include a territorial units clause where the treaty may apply to some of a state’s constituent units but not others. Several federal states have made reservations to limit their obligations to those areas of legislative jurisdiction that the federal government has assumed. On occasion, other states have objected to such reservations. Alternatively, a federal state may issue a federal declaration to explain how federalism affects its implementation of the treaty. Unitary states tend to resist the federal state clause and the territorial units clause because they create an imbalance between rights and obligations of the contracting federal and unitary states. Although such clauses are not popular with unitary states, they do make it that much easier for federations to become parties. Such clauses are a compromise between the interest of unitary and federal states. Domestic law provides no excuse for a failure to fully implement international treaty obligations. In international law, if the constituent units fail to comply, it is the federal government that is liable for the failure to properly implement the treaty.
37
Mohamed Afify, Ayman, Sam Dalla, and Hamoud Tannar. "Legal Adaptation for the Syrian Constitutional Committee Formed Based on UN Security Council Resolution 2245." Access to Justice in Eastern Europe 7, no. 1 (December 1, 2023): 1–21. http://dx.doi.org/10.33327/ajee-18-7.1-r000101.
Анотація:
Background: Presumably, constitution-making is a national process reflecting the state’s sovereignty and people's will. The severity of the conflict in Syria and its danger led the international community to intervene, and in 2015, the Security Council issued Resolution 2254 to settle the conflict. This resolution, in item 4, called for the start of the drafting process of a new Constitution for Syria; hereby, the Constitutional Committee was formed in Geneva in 2019 with the agreement of the conflict parties, the government and the opposition, and the consent of the international community represented by the United Nations. This research discusses the extent to which the intervention of the United Nations in the Syrian Constitutional Committee's formation and work in Geneva affects the principle of the Constitution's nationalism and state sovereignty. The research also discusses the legitimacy of the powers granted to this committee, whether in drafting a new constitution for the Syrian state or amending the current 2012 Constitution, and whether they conflict with the national sovereignty principle in considering the constitutional law principles. Methods: We relied on the analytical method to study the legal adaptation of the Syrian Constitutional Committee formed based on Security Council Resolution 2254. The impact of the United Nations intervention in the Syrian Constitutional Committee and whether it conflicts with the principle of national sovereignty depends on clarifying the role played by the United Nations in forming the committee and its ability to impose binding decisions on it. Achieving this objective requires analysing the powers of the Constitutional Committee in light of the principles and rules of constitutional law. This entails determining whether the committee possesses the full authority of the original constituent power to establish a new constitution for the state without referring to the people or if its jurisdiction is limited to drafting. Through this analytical method, we shall know whether the formation of the Constitutional Committee and the jurisdiction granted contradicts the principle of national sovereignty, which assumes that the Constitution is a national industry. Results and Conclusions: The formation of the Syrian Constitutional Committee, authorised by the United Nations through the Security Council Resolution 2254, does not detract from Syrian national sovereignty nor conflict with the principle of constitutional nationalism. Firstly, the formation of the constituent authority responsible for establishing the Constitution is not a legal issue but rather derives its existence from reality, and this applies to the Syrian Constitutional Committee, which derived its existence from the Syrian reality conflict and with the agreement of its parties, government and opposition. Therefore, one cannot say that the formation of this committee is illegitimate or inconsistent with the principles of constitutional law, given the absence of a legal framework governing the mechanism for forming the constituent authority, whether in Syrian constitutional law or comparative constitutional law. The Constitution is a result of the circumstances and situations that have accompanied its emergence and determined the method of its establishment. Secondly, the Constitutional Committee is not a full constituent authority because it does not have the power to approve a new constitution or an amendment to the current Constitution in its sole discretion. It might adapt as a technical consensus committee whose role is limited to formulating proposals that require popular consent. Thirdly, It is arguable that Security Council Resolution 2254 and the decision to form the Syrian Constitutional Committee constitute the legal framework from which this committee derives its legitimacy and work. Therefore, we can say that the issue of forming the Syrian Constitutional Committee and its work has become a legal issue governed by an international legal framework, marking a departure from its previous extrajudicial status under national constitutional law.
38
Mader, Gottfried. "Foresight, Hindsight, and the Rhetoric of Self-Fashioning in Demosthenes' Philippic Cycle." Rhetorica 25, no. 4 (2007): 339–60. http://dx.doi.org/10.1525/rh.2007.25.4.339.
Анотація:
Abstract This paper analyses Demosthene' self-fashioning in the Philippic cycle as rhetorical process, focussing crucially on the role of foresight as constituent of symbouleutic authority and justification for his uncompromising political line. To legitimate his role as adviser, Demosthenes needed continually to proclaim his own competence. In the early days and before Philip was a major issue, Demosthenes constructs his foresight through “entechnic” arguments based on probability. Over time, self-referential passages that invoke his own prior interventions become notable sites of quasi-“atechnic” self-justification. These are further enhanced by a group of mutually reinforcing images that articulate the need for prudent foresight.
39
Komlev, Evgeny. "Legal basis for the territorial organization of public authority in Argentina." Административное и муниципальное право, no. 2 (February 2024): 24–31. http://dx.doi.org/10.7256/2454-0595.2024.2.44015.
Анотація:
The article examines the approach of the Argentine legislator to determining the legal foundations of the territorial organization of public authority. The work analyzes the norms of the Argentine Constitution, the legislation of the constituent entities of the federation (provinces), materials of law enforcement practice and doctrinal sources. The types of public territorial entities in Argentina, the sources of legal regulation of their status, the influence of the peculiarities of the historical development of the Argentine state on modern approaches to the territorial organization of public authority are explored. Taking into account the federal nature of the Argentine state, the lack of comprehensive studies of the issue of territorial organization of public authority in Argentina, the experience of the studied country seems worthy of attention within the framework of the Russian science of municipal law. It has been established that Argentine legislation provides for the existence of obligatory and optional territorial entities whose status is distinguished, first of all, by the granting of political autonomy to the former. A special feature is the provision of exclusive competence to the provinces in terms of regulating the territorial and other foundations of the organization of municipal authority. When creating municipal territorial entities, provinces establish criteria for the formation of municipalities and also provide for their division into categories. The legal status of municipalities, depending on their classification into one category or another, may differ significantly, especially in terms of the existence of institutional autonomy. The experience of Argentina can be taken into account in the context of reforming the institution of local self-government in Russia.
40
Purwaatmoko, Sunardi. "The IMF Rice Liberalization Policy in Indonesia: The Case Study of Elite Behaviors in the Era of Gus Dur, Megawati, and SBY Government." Jurnal Borneo Administrator 18, no. 2 (August 25, 2022): 187–200. http://dx.doi.org/10.24258/jba.v18i2.973.
Анотація:
The research aimed to explain elite behaviour in Indonesia's political reform era. This research was based on primary data collected from unstructured interviews with respondents or samples and secondary data collected from library studies. In analyzing the data collected, descriptive and qualitative methods are applied. This research found that adopting the electoral system of the Proportional Multi-Member District and the lack of power and authority distribution from elite to interest groups tended to result in the emergence of small and pragmatic political parties trying to get constituent votes using political mobilization of the constituent voters. The emergence of political parties induces a patron-client relationship between the political candidate and his constituent voters through a broker-generating oligarchy within the party. For that reason, the policy-making process in the rice sector depends on the relative power of ideologist party coalitions and pragmatic party coalitions. The changes in rice policy depended on the political interaction between the old and pragmatic political oligarchy and the new and ideologist political oligarchy. The stronger the political coalition of the new political oligarchy consisting of new ideologists and reformist political parties, the more protective the rice policy will be, and vice versa. That is why we suggested that the election system should be changed into Single-Member District Electoral System to create a smaller number of political parties to avoid the emergence of pragmatic political parties. And interest groups should be strengthened to prevent the dominant power of the oligarchy.
41
Eremin, Alexei R. "Guarantees of Local Self-Government Implementation in the System of Public Authority of the Russian Federation." Теория и практика общественного развития, no. 11 (November 29, 2023): 260–66. http://dx.doi.org/10.24158/tipor.2023.11.32.
Анотація:
The article presents new approaches to guaranteeing local self-government, including the activities of local self-government bodies in the unified system of public authority. The categories of “local self-government”, “local self-government bodies”, “public authority”, “unified system of public authority”, “municipal authority” are systematically analyzed. Local self-government is defined as an independent form of public authority in munic-ipal territories. The peculiarities of the functioning of local self-government in the Russian Federation are demonstrated. The necessity of recognizing local self-government as an integral phenomenon of the concept of public authority and local self-government bodies as a form of implementation of local self-government as an element of the unified system of public authority is substantiated. The problem of guarantees created for the effective functioning of local self-government in the Russian Federation is raised. It is argued that it is neces-sary not only to reform the current legislation in the light of the amendments to the Constitution of the Russian Federation of 2020, but also shows the need to form a new fundamental law at the federal level in the field of local self-government and to provide greater opportunities in the legislative regulation of local self-government to the constituent entities of the Russian Federation. It is indicated that the legislator needs to fill the gap in the definition of the concept of local self-government, including warranty issues there. Particular emphasis is given to the content and prospects of development of the constitutional foundations of local self-government as the most important guarantees. It is determined that the effective functioning of local self-government is possible with the guarantee of the right to implement local self-government. The guarantees determined by the state regarding the functioning of local self-government are defined. The content of state guarantees is disclosed, where general and legal guarantees are distinguished. Ways to develop state guarantees for the realization of the right to exercise local self-government are shown. Municipal guarantees are investigated, their content and meaning are shown in the general mechanism for guaranteeing local self-government.
42
Mikheeva, T. N., and G. Sh Shabalin. "Improvement of Election Public Control Laws." Actual Problems of Russian Law 16, no. 3 (April 5, 2021): 22–27. http://dx.doi.org/10.17803/1994-1471.2021.124.3.022-027.
Анотація:
Civic control in the Russian Federation is gradually being introduced into many fields of activity of government authorities. At the same time, public control was tested in an area not covered by the legislation on public control-in the federal election campaign. We can talk about the emergence of a new electoral institute of civic observation that has been further implemented in the electoral process of constituent entities of the Russian Federation. The paper analyzes the legislative rule allowing participation of public observers in the above-mentioned election campaigns, examines differences in the legal regulation exercised by different constituent entities. The study showed a minor role of the civic control in terms of municipal elections and the authority of the participants of civic control provided for in municipalities. Municipal civic chambers and public councils are deprived of the legal mechanism of direct participation in electoral observation. In this regard, the authors propose to improve the legislation in terms of expanding the powers of the participants of civic control of municipalities in the electoral field. The findings of the study are practical, as their implementation greatly increases civil society’s resource at the local level for providing public observation of elections.
43
Beck, Robin A. "Consolidation and Hierarchy: Chiefdom Variability in the Mississippian Southeast." American Antiquity 68, no. 4 (October 2003): 641–61. http://dx.doi.org/10.2307/3557066.
Анотація:
Explaining variability among Mississippian period (A.D. 1000-1600) chiefdoms has become a key research aim for archaeologists in the southeastern United States. One type of variability, in which simple and complex chiefdoms are distinguished by the number of levels of regional hierarchy, has dominated chiefdom research in this part of the world. The simple-complex chiefdom model is less applicable to the Mississippian Southeast, however, as there is little empirical evidence that chiefdoms here varied along this quantitative dimension. This article offers a qualitative model in which regional hierarchies are distinguished by the manner in which authority is ceded or delegated between an apical or regional chief and constituent, community-level leaders; chiefly power may be ceded from local-level leaders upward to the regional chief or delegated from the regional chief downward to local leaders. This apical-constituent model addresses variation in the administrative structures of chiefdoms: it is not a chiefdom typology. The model is used to contrast two Mississippian polities, Moundville in west-central Alabama and Powers Fort in southeastern Missouri, and illustrates variability in the process by which local communities were integrated into regional institutions.
44
Lesmana, Sabtra, Sawirman Sawirman, and Fajri Usman. "The use of Halliday’s Theme-Rheme on Google’s Privacy Policy Text: A Forensic Linguistics Research." Soshum: Jurnal Sosial dan Humaniora 12, no. 2 (August 24, 2022): 161–70. http://dx.doi.org/10.31940/soshum.v12i2.161-170.
Анотація:
This research was aimed to reveal and explain the violations conducted by Google to its user privacy which is implied through its Privacy Policy Agreement statement by analyzing it with Theme and Rheme proposed by Halliday. This qualitative research was done by applying the documentation recording method in collecting data and the Halliday’s Systemic Functional Linguistics as the basic theory. The result of the data was presented in the table analysis and in the form of descriptive interpretation. The result showed that Google build its clauses with the 4 types of theme construction. From the analyzed clauses, the dominantly built clause is the single constituent with marked theme where “We” is the mostly occurred subject. Yet, Google applied unmarked theme mosty in their clauses. With this dominant occurences of “We”, Google construe its existence as the authority holders of the w hole agreement. The researchers found that similar finite predicator appeared repeatedly such “collect” and “use” in building its clauses. These constitute Google’s strategy in order to force the user’s permission to let Google freely access their privacy. In addition, the operation of the conjunction “and”, extention, expansion and exemplificatory constituents represent the plentiful request of Google related to its user’s information. Those summarized the violation conducted by Google to its user’s privacy.
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Maier, Harold G. "Preemption of State Law: A Recommended Analysis." American Journal of International Law 83, no. 4 (October 1989): 832–39. http://dx.doi.org/10.2307/2203372.
Анотація:
The fundamental principles that guide determinations about the appropriate relationship between state and national authority in matters affecting the foreign affairs of the United States began to evolve even before the ratification of the Constitution in 1789. The centralization of governmental power in this field is reflected in microcosm in the three great state papers of the United States. The nation began in 1776 as “United Colonies” that were “Free and Independent States” under the Declaration of Independence; developed into a “firm league of friendship” under the Articles of Confederation in 1781; and became a “more perfect union” created by the people, not by its constituent political units, under the Constitution in 1789.
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Avdeev, D. A. "Legitimacy and legitimation of the Russian public authority." Law Enforcement Review 5, no. 2 (July 5, 2021): 145–58. http://dx.doi.org/10.52468/2542-1514.2021.5(2).145-158.
Анотація:
The subject. The article is devoted to the legal analysis of the legitimacy of the activities of public authorities and the process of their legitimation in the Russian Federation, as well as other problems of national democracy. The legal understanding of the concept of "people" as the only source of power and the bearer of sovereignty is considered, a distinction is made between these properties.The purpose of the article is to identify its essential features the category of legitimacy, identify problems related to the reflection of the political will of Russian citizens in the organization and activities of state authorities and local self-government. The purpose of the article is to substantiate also the differences in the characteristics of the people as the only source of power and the bearer of sovereignty, which has a significant impact on the processes of legitimation of public authorities in the Russian Federation.The research methodology consists of general scientific methods (analysis, synthesis, dialectics) and legal methods (formal-logical, comparative-legal, historical-legal, forecasting method).The main results and their area of application. The author considers legitimacy not only as the consent of the people with the normative legal acts adopted by public authorities, but also as universal approval and recognition of their organizational activities, expressed by citizens through the institutions of direct democracy. The legitimacy of public authority is an attribute of a constitutional state with a social orientation. The article notes a few features characteristic of the domestic process of legitimizing public authority. The procedure for the formation of the Federation Council of the Federal Assembly, in which Russian citizens do not participate directly, starting from 1995 to the present. The cancellation and return of direct elections of heads of constituent entities of the Russian Federation, the impossibility of electing the heads of municipalities directly by the population (in many cases). A complicated procedure for the implementation of active and passive electoral rights in the Russian Federation, expressed in the establishment of several formal require ments. Constant changes in electoral legislation before election campaigns are among these characteristics.Conclusions. The results of research are summarized and conclusions are drawn about the current state of legitimacy in the Russian Federation. A few measures are proposed to improve the process of legitimizing public authority. The author proposes to distinguish between the legal characteristics of the people as the bearer of sovereignty, understanding by it all Russian citizens and as the only source of power, which is formed by the voters.
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Goshulyak, V. V. "Protection of the Family as a Subject of Joint Jurisdiction of the Russian Federation and the Constituent Entities of the Russian Federation." Actual Problems of Russian Law 18, no. 4 (February 3, 2023): 31–40. http://dx.doi.org/10.17803/1994-1471.2023.149.4.031-040.
Анотація:
The paper is devoted to the analysis of amendments to the Constitution of the Russian Federation passe in 2020 concerning protection of the family, motherhood, fatherhood and childhood as a subject of joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation. It is proved that this legal norm does not relate to the declarative norms of the Constitution of the Russian Federation. It defines only the joint jurisdiction issue between the Russian Federation and constituent entities of the Russian Federation that is subject to differentiation between federal and regional state authorities. The purpose of the adopted amendment to the Constitution of the Russian Federation was to raise to the constitutional level protection of traditional family values — family, motherhood, fatherhood, childhood, parental care. Amendments to the Constitution of the Russian Federation regarding protection of the family have an impact on other branches of law concerning family relations and traditional values. The paper analyzes the latest versions of constitutions and charters of constituent entities of the Russian Federation regarding the protection of the family. It is concluded that by amendments to the Constitution of the Russian Federation, the State sought to build a comprehensive system of family protection in the Russian Federation and make it a priority in state policy engaging all levels of public authority in this process. Our country has not concentrated family policy issues at the federal level, centralizing the entire social sphere here, but has transferred it to the joint jurisdiction of the federal center and the regions.
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Kocheva, Darina Viktorovna. "Prosecutor's authority in the conceptual-categorical apparatus of the theory and practice of prosecutorial activity outside the criminal law sphere." Юридические исследования, no. 5 (May 2021): 58–68. http://dx.doi.org/10.25136/2409-7136.2021.5.35662.
Анотація:
The subject of this research is the approaches existing in the theory and practice of prosecutorial activity towards determination of the concept of “prosecutor's authority” and its constituent definitions, their correlation with the scientific views of legal scholars upon the state-legal category of “authority”. Due to the fact that any science is based on the terminological framework, featuring units that differ in their semantic content, the research of the cognizable basic category that does not have a universal definition, neither in science nor effective legislation, as well as the contradicting legal phenomena of different legal nature (rights and obligations) at its part, substantiates the relevance of this research. The scientific novelty of lies in the author’s argumentation of similar, identical and opposite perspectives on the subject matter existing in the literature, effective legal regulation, personal experience of working in the prosecutor's office, justification of conclusion in the indicated category of “legal obligations”. The author comes to the conclusion there is no need for normative differentiation the rights and responsibilities of the prosecutor within the framework of his “general oversight” authority and optimality of the existing regulation, which authorizes the prosecutor to act at the own discretion (making decisions based on subjective opinion and assessment) in terms of the grounds and means set by law, with consideration of private and public interests.
49
Irving, Alexander J. D. "One Word, many wordings: The Inspiration of Scripture in its Christological and Pneumatological Dimension of Depth." Expository Times 131, no. 6 (October 14, 2019): 247–56. http://dx.doi.org/10.1177/0014524619883173.
Анотація:
Robert Brown has argued that any defence of the authority of Scripture based on its divine inspiration must take account of the reality of the form of Scripture. He points to two facts regarding the Bible’s form (the history of textual error and a variety of beliefs regarding the biblical canon) that, he believes, compromises such a foundation for biblical authority. Exactly which words, he asks, are we to think were inspired? Brown operates with an understanding of revelation which is exhausted by the category of the biblical proposition (i.e., he equates revelation with Scripture, understanding inspiration to be the mode of that revelation). Accordingly, any error within the constituent parts of the propositions found in the Bible undermines the validity of its claim to be revelation in the first place, thus, in Brown’s view, compromising the entire edifice of Christian theology. In what follows, I suggest that a personalist approach is a more suitable way to understand revelation and that the propositional mode of revelation (Scripture) participates in God’s personal revelation in Jesus Christ through the inspiration of the Spirit. By broadening the theological context of Scripture (i.e., understanding it in its Christological and Pneumatological dimension of depth), its authority is not found in its inerrancy but in its reference beyond itself to God’s actual self-revelation in Jesus which God employs as the permanent mode of his revelation by the agency of the Spirit.
50
Bagretsov, Dmitry, Boris Voronin, and Elena Chebykina. "State control (supervision) over the quality and safety of agricultural products (on the example of the Sverdlovsk region)." SHS Web of Conferences 128 (2021): 03010. http://dx.doi.org/10.1051/shsconf/202112803010.
Анотація:
The Federal Service for Veterinary and Phytosanitary Surveillance (Rosselkhoznadzor), located in the structure of the Ministry of Agriculture of the Russian Federation, implements control and supervisory activities by a specially authorized state authority in the field of quality and safety of agricultural products, raw materials and food, checks legal entities and individual entrepreneurs in the implementation of their activities, compliance with its requirements, established by federal laws and other regulatory legal acts of the state executive authority in this area. Structural divisions of the Rosselkhoznadzor, for example, the Rosselkhoznadzor Administration for the Sverdlovsk Region, exist in the constituent entities of the Russian Federation. Specialists of this structure carry out functional control and supervisory measures to ensure the quality and safety of agricultural products produced in the Sverdlovsk Region and imported from other regions of the Russian Federation and abroad. Legal regulation of relations in this area is carried out by federal laws, resolutions of the Government of the Russian Federation and other regulatory legal acts that differentially regulate certain areas in the field of quality and safety of agricultural raw materials of plant and animal origin.