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Статті в журналах з теми "French concept of the separation of powers"
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Guéna, Yves, and Marie-Christine Henry-Meininger. "Entretien avec Yves GUÉNA, vice-président du Sénat, sénateur-maire de Périgueux." Revue française d'administration publique 68, no. 1 (1993): 597–99. http://dx.doi.org/10.3406/rfap.1993.2749.
Повний текст джерелаАнотація:
Members of Parliament’s Views. Interviews with Yves Guena and Alain Richard. Two french MPs tell their views about the means provided to the Houses of Parliament. In the french concept, the legislative’s work consists in amending, correcting and adjusting the Government bills. In this sense, Parliament has the necessary means to accomplish its mission. But in the field of counter-expertise and counter-proposals these means are more limited. The administrative services have a determining role in the management of the Houses and in the organisation of their work. The french interpretation of the separation of powers leads to a kind of isolation of Parliament’s officials and probably to a limitation of their career perspectives.
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Afifulloh, Afifulloh, Sudarsono Sudarsono, and Shinta Hadiyantina. "COMPARISON OF THE TRIASSIC LEGAL SYSTEM OF INDONESIA WITH THE FRENCH STATE." Trunojoyo Law Review 4, no. 1 (March 2, 2022): 69–83. http://dx.doi.org/10.21107/tlr.v4i1.18130.
Повний текст джерелаАнотація:
State law in Constitutional Law, there is an object of regulation in which the system of the Triassic Concept of Politica, which is a normative principle that powers should not be handed over to the same person in order to prevent abuse of power by the ruling party. Polotical triad offers a concept of state life by separating powers that are expected to be separated from each other in equal positions, so that they can control each other and balance each other (checks and balances), besides that the hope is that it can limit power so that there is no concentration of power on one hand which will later give birth to arbitrariness . The State of Indonesia with the State of France as a State of law (Civil Law), has similarities and differences in the application of the concept of Polotical triad. Similarities and differences in the application of the Polotical triad concept are material in comparing the systems applied in the Polotical triad concept. Comparison with the concept of Polotical triad between the State of Indonesia and the State of France, based on the 1945 Constitution of the Republic of Indonesia as the Constitution of the State of Indonesia and the Constitution of Ocktober 4, 1958 as the Constitution of the State of France.
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Ziller, Jacques. "National Constitutional Concepts in the New Constitution for Europe." European Constitutional Law Review 1, no. 2 (May 19, 2005): 247–71. http://dx.doi.org/10.1017/s1574019605002476.
Повний текст джерелаАнотація:
Notion of constitutional concept varies over time and space. Constitution for Europe as a further step in guaranteeing rights and separating powers. Amongst others French, Italian, German and Swedish national concepts in the Treaties of the European Communities and of the European Union. Several causes for difficult tracing of national concepts in the Constitution for Europe. Convention method: instead of by diplomats and EU experts, drafting by members of Parliament and (former) members of Government. More room for national concepts. The Intergovernmental Conference: the Empire strikes back, but with mixed impact. Parallels with other constitution making procedures. Concept of constitution: structure and size no argument for denying constitutional character; Constitution octroyée v. contrat social; Franco-American revolution v. British tradition.
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Monod, Paul. "Pietro Giannone and the Nonjuring Contribution to the Separation of Church and State." Journal of British Studies 59, no. 4 (October 2020): 713–36. http://dx.doi.org/10.1017/jbr.2020.124.
Повний текст джерелаАнотація:
AbstractWhy did the English Nonjuror Richard Rawlinson promote the 1729–30 English translation of Pietro Giannone's Civil History of Naples? The Nonjurors in England espoused ecclesiastical independency from the state, which they derived from the thought of Restoration High Churchmen and from the French Gallican Louis Ellies Du Pin. Giannone, a Neapolitan lawyer, proposed a similar “two powers” model of strict autonomy for both church and state. Giannone's concept was later rejected by enlightened writers like Viscount Bolingbroke and Edward Gibbon, who associated it with high church prejudices. It was defended by the Dissenter Joseph Priestley, who combined it with his own theory of religious sociability. The impact of Giannone on the Nonjurors and on Priestley illuminates the complex religious background to what is often seen as a fundamentally secular doctrine: the separation of church and state.
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Çela, Evelina. "Judicial institutions, ADR reform and their necessity in the Albanian reality." Jus & Justicia 16, no. 1 (2022): 128–38. http://dx.doi.org/10.58944/ovro1288.
Повний текст джерелаАнотація:
The concept of separation of powers was put forward by one of the most prominent representatives of the French Enlightenment, a prominent jurist and political thinker Charles Louis Montesquieu (1689-1755) to prevent the abuse of power and create conditions which “different authorities can mutually restrain each other. So, the topic of this paper it is the evidence of the current situation in Albania in terms of judicial institutions, legality, functional and practical importance in a democratic state and the functions they perform. The separation of powers has political and natural preconditions. The political reason for the separation of powers lies in the danger of the concentration of power by one body, in the need to control three independent powers over each other. Natural preconditions are necessary for the adoption of laws, their implementation, and the administration of justice. Thus, the legislature (Parliament) produces laws while the executive (government) implements the laws. Courts (Constitutional Court, courts of general jurisdiction, courts of arbitration) deal with specific cases to which other government bodies and citizens are parties. The article analyzes the main criteria, legal bases, and necessary conditions, consequences of the lack of judicial institutions and finally recommends the emergence need of the creation of an arbitration court as an alternative dispute resolution ADR, a tool widely used in developed democracies. A good justice system, both in the legal and organizational framework, in the civil field is an essential guarantee for the rule of law and respect for human rights. These rights take on legal value when the individual goes to a court that administers justice in a short period of time and in this way it creates trust in the public. A state with a well-organized justice system (where there are alternative means of resolving ADR disputes) for all spheres, be they civil, administrative, criminal or family, etc., is the main indicator for institutional reform, distribution of the burden enabling the delivery of justice on time and without delay. Above all, the individual has the opportunity to choose the means by which he will solve his problem. On the other hand, such a good organization would also enable the increase of work efficiency and the quality of the given judgments.
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Swann, Julian. "Roi de guerre ou Roi de paix? Louis XV and the French monarchy, 1740–1748." French History 34, no. 2 (May 11, 2020): 161–90. http://dx.doi.org/10.1093/fh/craa021.
Повний текст джерелаАнотація:
Abstract This article examines debate about the nature of the French monarchy during the early years of Louis XV’s personal rule. It argues that the king, his ministers and advisers as well as the wider French public were torn between traditional models of monarchy based upon the concept of a ‘roi de guerre’ and the diplomatic and human consequences of military conflict that had caused many to urge a more restrained, pacific projection of French power. In 1748, Louis XV offered a peace that reflected the desire to avoid a repetition of his predecessor’s errors, but France lacked the strength needed to impose a Pax Francia. The subsequent separation between the Bourbon dynasty and active military service did much to undermine the monarchy in the eyes of an increasingly patriotic public opinion.
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Krawczyk, Mariusz. "The Idea and Essence of Court-Administrative Control (Selected Issues)." Przegląd Prawa Administracyjnego 7 (August 30, 2024): 129–42. http://dx.doi.org/10.17951/ppa.2024.7.129-142.
Повний текст джерелаАнотація:
The article discusses selected issues regarding court-administrative control. The Polish perspective has been chosen as a reference point for the deliberations. The main problem is the concept of court-administrative control. It seems that this category determines the functioning of the administrative justice system. The essence of court-administrative control was presented based on Polish regulations: the Constitution of the Republic of Poland, the Law on the System of Administrative Courts and the Law on Proceedings before Administrative Courts. The essay also presents the idea of court-administrative control – also from a comparative perspective, with reference to the German and French models. The principle of separation of powers has become a critical point of reference. It turned out that it does not contradict the presented understanding of the concept of court-administrative control. The approach to control was compared with possible models of adjudication: cassatory and reformatory adjudication. Thinking about a certain idea of administrative justice, this is probably the most basic determinant of the role and functions of this branch of the justice system. The right to a court – its understanding and possible scope – is also important for the conducted considerations.
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Ariskina, Yulia. "“Merit to Admire”: European Political Experience in the Private Committee’s Practice." ISTORIYA 12, no. 6 (104) (2021): 0. http://dx.doi.org/10.18254/s207987840016070-6.
Повний текст джерелаАнотація:
The article examines ideological interaction between the Russian Empire and Europe in the 18th — 19th centuries basing on the analysis of extensive historical and theoretical material. The reforms of the early reign of Alexander I were developed within the framework of the Private Committee using European political experience and philosophical concepts of the Enlightenment. The theories of the “philosopher king”, “social contract”, “separation of powers” and others were used while discussing reforms, but in a rather truncated or distorted form. The experience of the French revolution was the reason for the selective and careful application of enlightened terms and concepts by Alexander I and his entourage. Nevertheless, the preparation of reforms within the framework of the Private Committee combined quite harmoniously their enlightened context and monarchical character.
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Khalaf, Sarab Husian, and Rudaina Abdulrazzaq M. Saeed. "A FOUCAULTIAN READING OF RESISTANCE IN CHINUA ACHEBE’S NOVEL "THINGS FALL APART "." JOURNAL OF LANGUAGE STUDIES 7, no. 2 (December 31, 2023): 306–21. http://dx.doi.org/10.25130/lang.7.2.15.
Повний текст джерелаАнотація:
The field of cultural, human and literature has taken the entire study of the concept of resistance, as this concept is linked to the French theorist Michel Foucault. He asserts that power is what caused us to be in the place where we are now. There is no separation between resistance and power, both come through the other. Chinua Achebe is the greatest and most famous writer in African literature. He attempts to find an escape from the colonial turn that invaded African literature, The goal of Achebe's writings is to enable the African people to have pride in their history. His novel "Things Fall Apart" focused on showing the tragic situation of the people of Africa, the impact of colonialism on Africa, its history and culture, and how the colonialists tried to obliterate the African identity. The study aims to analyze the novel "Things Fall Apart" in the light of the Foucauldian concept of resistance and how the characters demonstrated the rejection of colonialism and its resistance in the novel.
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Mohamedameen, Mohammed Shahab, and Ibrahim Mohammad Haje. "Proportionality as a judicial tool in striking a balance between management discretion and citizens' rights (a comparative study)." Twejer 4, no. 1 (May 2021): 745–806. http://dx.doi.org/10.31918/twejer.2141.17.
Повний текст джерелаАнотація:
This study deals with clarifying the issue of (proportionality or suitability) administrative decisions and the possibility of supervising the administrative judiciary on administrative decisions in terms of proportionality, through an analytical comparative study between the French, the Egyptian and the Iraqi at the jurisprudential and judicial level. The practical importance of this topic lies in knowing the modern role that the administrative judge plays in the area of his control over administrative decisions that went beyond the abstract control of the internal project, which was stopped at the limit of the control of the legal adaptation of facts towards the element of cause - as this control went beyond the control of the administration’s assessment of the importance of Realistic reasons and an assessment of the proportionality between their importance and seriousness and the action taken in their regard. The purpose of this study is to clarify the concept of proportionality control in the administrative judiciary, to clarify the issue of the contradiction between discretionary authority and proportionality, between separation of powers and proportionality, and to clarify the position of the judiciary and administrative jurisprudence on the control of proportionality in the administrative judiciary, to clarify the comparative jurisprudential trends from monitoring proportionality in the administrative judiciary And to clarify the limits of control over the cause of the administrative decision and the authority of the judge between legality and suitability, and to indicate the modern means upon which the administrative judge relies upon examining the decision. The problem of the study is: that the administrative judge, within the framework of his control over proportionality, examines and searches for the latter within the elements of the internal legality of the decision; For what is this censorship focused? That is, what is the element that the administrative judge examines? And does the administrative judge, by using the means of controlling proportionality, remain a judge of legality, or does this control include it within the scope of convenience, as it is one of the issues that the administration is independent of when issuing its decisions? What are the limits of judicial oversight on The authority of proportionality? To what extent is the proportionality audit inconsistent with the discretionary authority and the principle of separation of powers? What is the legal basis for the proportionality audit according to the comparative jurisprudential and judicial debate? Does oversight differ in proportion to oversight, legal conditioning? What are the modern techniques or methods that an administrative judge uses when examining an administrative decision to discover proportionality?
Дисертації з теми "French concept of the separation of powers"
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Goni, Kassandra. "L’article 66 de la Constitution du 4 octobre 1958." Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0345.
Повний текст джерелаАнотація:
La genèse de l’article 66 de la Constitution s’inscrit dans une volonté d’affirmation libérale face à l’existence de pratiques arbitraires du pouvoir. L’indépendance de l’autorité judiciaire consacrée, le constituant originaire lui a attribué la mission de gardienne naturelle de la liberté individuelle. La juridiction administrative a quant à elle été délibérément écartée, justifié par son manque d’indépendance pour garantir les droits et libertés. À la lumière de la mutation progressive de la conception de la liberté individuelle opérée par le Conseil constitutionnel, l’article 66 devient, eu égard à l’indépendance de la juridiction administrative et de la « conception française de la séparation des pouvoirs », une clé de répartition du contentieux des libertés individuelles entre les deux ordres de juridiction. Au regard de l’étude empirique quantitative et qualitative de 179 décisions du Conseil constitutionnel relatives aux libertés individuelles, il apparaît en effet que le juge administratif peut-être désormais compétent pour connaître du contentieux des libertés personnelles rattachées aux articles 2 et/ou 4 de la Déclaration des droits de l’homme et du citoyen de 1789. L’article 66 n’incarne ainsi plus exclusivement la garantie judiciaire de la liberté individuelle, le redéploiement de la portée contentieuse de l’article 66 remettant en cause l’argument statutaire qui justifiait jusqu’alors l’octroi de la mission de gardienne de la liberté individuelle à l’autorité judiciaire. L’étude se propose ainsi de repenser le rapport qu’entretient la Constitution à la garantie des libertés individuelles par le prisme de l’indépendance des juridictions impliquant, dès lors, de réfléchir à des modifications du Titre VIII de la ConstitutionThe genesis of article 66 of the Constitution lies in a desire to assert a liberal stance in the face of arbitrary practices by those who govern. With the independence of the judiciary enshrined, the original constituent power assigned to it the role of natural guardian of individual freedom. The administrative court, however, was deliberately sidelined, justified by its lack of independence in guaranteeing rights and freedoms. In the light of the gradual change in the Conseil constitutionnel conception of individual freedom, article 66 is becoming, in view of the independence of the administrative court and the ‘French conception of the separation of powers’, a key to the division of disputes concerning individual freedoms between the two branches of court. A quantitative and empirical study of 179 decisions of the Conseil constitutionnel relating to individual freedoms shows that the administrative courts now have jurisdiction to hear cases involving the personal freedoms set out in articles 2 and/or 4 of the Declaration of the Rights of Human and of the Citizen of 1789. Article 66 thus no longer embodies exclusively the judicial guarantee of individual freedom, and the redeployment of the contentious scope of article 66 calls into question the statutory argument that hitherto justified granting the judicial authority the role of guardian of individual freedom. The study therefore proposes to rethink the relationship between the Constitution and the guarantee of individual freedoms through the prism of the independence of the courts, which means that we need to reflect on modifications to Title VIII of the Constitution
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Maree, Petrus Jacobus Hermanus. "Investigating an alternative administrative-law system in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/85591.
Повний текст джерелаАнотація:
Thesis (LLD)--Stellenbosch University, 2013.ENGLISH ABSTRACT: This dissertation considers the question whether there are viable alternatives to the conceptual framework within which the South African administrative-law system operates, given that the administration now functions under new constitutional demands and new approaches to administrative engagement. The intention is not to proffer concrete recommendations for such a system, but only to propose an approach by means of which questions concerning the legal regulation of the administration and administrative function may be addressed. The dissertation introduces the concept of the contextualised administrative-law system. This concept emphasises the legal relationship between the public administration and the judiciary, but is not limited to this relationship. The administrative-law system does not operate in a vacuum, though, and is informed by the conceptual framework within which the system operates. The system is also a function of its geo-political and socio-economic context. The historical development of the doctrine of separation of powers, as one aspect of the conceptual framework, is traced. Thereby the normative, dynamic and flexible nature of the doctrine is established. On this basis, the potential and value of a fourth branch, the administration, within the separation-of-powers doctrine is assessed. By implication, the administrative function would constitute a fourth, distinct function in addition to the legislative, executive and judicial functions. The concept of the administrative-law system is consequently applied to the South African context. Firstly, the development of the South African system is outlined and, secondly, the administrative-law relationship is analysed. This discussion establishes that the system is characterised by an embryonic administrative law, the equating of administrative law and judicial review, an emphasis on the rule-of-law or “red-light” approach to administrative regulation, a rhetoric of deference, and the supremacy of the Constitution of the Republic of South Africa, 1996. Therefore, the system must be informed by the Constitution and, arguably, by Karl Klare’s project of transformative constitutionalism and Etienne Mureinik’s “culture of justification”. The content of the separation of powers is also investigated by means of an historical analysis of the considerations that rationalise the existence of an independent administrative jurisdiction in France. This entails an exposition of the Conseil d’État’s structure, organisation and dual function. Principles that describe the French system, other than the pure separation of powers, are discussed, namely, the duality of jurisdiction, the separation of administrative and judicial authorities, the separation of the administrative jurisdiction and active administration, the maxim “to judge the administration is still administering”, and the hybrid nature of administrative litigation. The legal regulation of public contracts can be regarded as a doctrinal perspective of the administrative-law system. The public contract is discussed as one form of administration, due to its conceptual ambiguity as a legal instrument on the boundary between public and private law and due to the administration’s increasing contractual activity. To an extent the contrat administratif of French law indicates that particular legal rules are an extension of the broader principles, considerations and institutional structures discussed in the preceding sections. This dissertation introduces an approach that emphasises the relationship between the administration and the judiciary as well as the conceptual framework within which the administrative-law system operates. Through the application of this approach to the South African context and to public contracting the key concepts and debates underlying an appropriate administrative-law system in South Africa are identified and investigated. This constitutes a platform for the development of a particular administrative-law system and an exposition of viable alternatives to the conceptual framework within which the system operates.
AFRIKAANSE OPSOMMING: Hierdie proefskrif ondersoek die vraag of daar lewensvatbare alternatiewe tot die konseptuele raamwerk van die huidige Suid-Afrikaanse administratiefreg-stelsel moontlik is. Dié vraag word gestel teen die agtergrond van die nuwe grondwetlike vereistes en benaderings waaraan administratiewe interaksie moet voldoen. Die bedoeling is nie om aanbevelings vir die bestaande stelsel te maak nie, maar eerder om ‘n benadering voor te stel waarin vrae oor die regulering van die administrasie en die administratiewe funksie geakkommodeer kan word. In die proses skep die proefskrif ‘n nuwe konsep: die administratiefreg-stelsel in konteks, wat die regsverhouding tussen die administrasie en die regbank beklemtoon, terwyl dit nie beperk is tot die verhouding nie. Uiteraard word die administratiefregstelsel beïnvloed deur die konseptuele raamwerk waarin dit funksioneer, terwyl dit verder ook ‘n funksie is van sy geopolitiese en sosio-ekonomiese konteks. Die historiese ontwikkeling van die skeiding van magte, een aspek van die konseptuele raamwerk, word bespreek en daardeur word die normatiewe, dinamiese en buigsame aard van die leerstuk bevestig. Hiermee word die potensiaal en waarde van ‘n vierde been, naamlik die administrasie, binne die skeiding-van-magte leerstuk oorweeg, met die implikasie dat die administratiewe funksie ‘n onafhanklike, vierde funksie vestig, benewens die wetgewende, uitvoerende en regsprekende funksies. Die konsep van die administratiefreg-stelsel word gevolglik toegepas op die Suid- Afrikaanse konteks. Eerstens word die ontwikkeling van die Suid-Afrikaanse stelsel uiteengesit en dan tweedens word die administratiefreg-verhouding ontleed. Hierdie bespreking bevestig dat die stelsel gekenmerk word deur ‘n onderontwikkelde administratiefreg, die gelykstelling van die administratiefreg en geregtelike hersiening, die beklemtoning van die regstaat en ‘n sogenaamde rooilig-benadering tot administratiewe regulasie, ‘n retoriek van geregtike agting, en die oppergesag van die Grondwet van die Republiek van Suid-Afrika, 1996. Juis as gevolg hiervan moet die stelsel op die Grondwet gegrond word. Daar word ook geargumenteer dat Karl Klare se transformerende konstitusionalisme sowel as Etienne Mureinik se kultuur van regverdiging die stelsel vorm behoort te gee. Die skeiding van magte se inhoud word ook aan ‘n historiese ontleding van Franse reg onderwerp om sodoende die rasionaal agter die onafhanklike administratiewe jurisdiksie in Frankryk te verduidelik. Dit behels ‘n uiteensetting van die Conseil d’État se struktuur, interne organisering en tweeledige funksie. Die beginsels wat die Franse stelsel beskryf, bo-en-behalwe die suiwer skeiding van magte, word bespreek en dit is by name die dualiteit van jurisdiksie, die skeiding van administratiewe en regsprekende owerhede, die skeiding van die administratiewe jurisdiksie en aktiewe administrasie, die leuse wanneer die administrasie beoordeel word, word daar steeds administreer, en die gemengde aard van administratiewe regsgedinge. Die openbare kontrak word bespreek as ‘n instrument van administrasie gegewe die konseptuele dubbelsinnigheid van daardie regskonsep, wat op die grens tussen publiek- en privaatreg lê, en as gevolg van die administrasie se toenemende kontraktuele aktiwiteit. In ‘n mate dui die Franse contrat administratif daarop dat bepaalde regsreëls ‘n uitbreiding van die breër beginsels, oorwegings en institusionele strukture is, soos in die voorafgaande afdelings bespreek word. Dus stel hierdie proefskrif ‘n benadering voor wat die verhouding tussen die administrasie en die regbank, sowel as die konseptuele raamwerk waarbinne die administratiefreg-stelsel funksioneer, beklemtoon. Deur hierdie benadering toe te pas op die Suid-Afrikaanse konteks, en op openbare kontraktering, word die konsepte en debatte geïdentifiseer en ondersoek wat ‘n gepaste administratiefreg-stelsel onderskryf. Dit vorm ‘n basis vir die ontwikkeling van ‘n bepaalde administratiefregstelsel en die uiteensetting van lewensvatbare alternatiewe tot die konseptuele raamwerk waarbinne die stelsel funksioneer.
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Chang, Kun-Shung, and 張錕盛. "The Density of Judicial Review on Executive act under the Concept of Separation of Powers." Thesis, 1996. http://ndltd.ncl.edu.tw/handle/36750696174076399824.
Повний текст джерела
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Ramarolahihaingonirainy, Anthony. "La réception du concept d'indépendance de la magistrature à Madagascar." Thèse, 2008. http://hdl.handle.net/1866/4795.
Повний текст джерелаАнотація:
Il est connu que ceux qui ne s’informent pas sur leur passé seront toujours condamnés à répéter les mêmes erreurs et pour déterminer où aller il faut d’abord savoir d’où on vient . La thèse se penche sur l’analyse de plus de deux siècles d’histoire de l’appareil judiciaire malgache à la lumière du concept d’indépendance de la magistrature. L’auteur porte une analyse rétrospective sur une assez longue période qui s’étend de la fin du XVIIIème siècle à nos jours au cours de laquelle il essaie de comprendre l’ensemble des situations ayant prévalu dans le pays témoin, avant, pendant et après la colonisation française.
Cette thèse tente d’apporter des argumentaires nouveaux et une méthodologie d’approche nouvelle dans l’analyse de l’appareil judiciaire d’un pays anciennement colonisé. Il s’agit de mettre de côté certaines idées reçues sur les situations des systèmes juridiques des pays anciennement colonisés, notamment malgache et africains. L’étude remet en cause quelques préjugés d’antan qui marquent encore les esprits relativement aux situations précoloniales, à l’arrivée des modèles juridiques occidentaux et plus particulièrement au concept d’indépendance de la magistrature et sa consistance actuelle dans les anciennes colonies, à l’instar de la Grande Île.
A travers l'étude du cas particulier de Madagascar, la thèse apporte des réponses à plusieurs questions suscitées par l’acculturation du système juridique des anciennes colonies à partir de leur contact avec les modèles juridiques occidentaux. La question spécifique de recherche consiste à déterminer si le concept d’indépendance de la magistrature est déjà entré dans le système juridique des pays anciennement colonisés comme Madagascar. Pour l’auteur, le concept d’indépendance de la magistrature tel que compris en Occident n’a jamais fait son véritable entrée à Madagascar. Le cadre théorique adopté pour la vérification de l’hypothèse combine le positivisme juridique avec les approches anthropologique et sociologique et se distingue des recherches presque exclusivement positivistes antérieures.
Dans la première partie, l’auteur propose le cadre théorique de recherche et rapporte les modes de règlements des conflits à l’époque précoloniale. L’analyse anthropologique de la période a démontré que le concept d’indépendance de la magistrature fut inconnu des traditions judiciaires précoloniales même si une certaine influence occidentale imprégnait le processus de métissage spontanée diligenté par les souverains successifs.
Dans la seconde partie, l’auteur livre une analyse de la période coloniale et postcoloniale jusqu’à l’époque contemporaine. Pour la période coloniale, l’ouvrage relate, d’une part, les multiples mesures prises durant les années coloniales, qui éloignèrent le modèle juridique colonial implanté à Madagascar du modèle juridique français original de la métropole. D’autre part, il mesure les impacts de l’instauration du modèle colonial sur les traditions juridiques malgaches précoloniales. Contrairement aux idées reçues, le modèle juridique français et tous ses concepts clés, notamment le concept de séparation des pouvoirs et celui d’indépendance de la magistrature ne furent pas transmis à Madagascar par le fait de la conquête.
Ensuite, il a survolé la magistrature des trois républiques successives depuis l’indépendance acquise en 1960. En premier lieu, par une analyse résolument positiviste l’auteur analyse les imperfections initiales des choix et des mesures prises lors de la mise en place du nouveau système juridique de la jeune république durant les premières années de l’indépendance et dont la magistrature malgache est encore tributaire aujourd’hui. En second lieu, par une démarche à la fois positiviste et sociologique, il démontre que les valeurs du concept d’indépendance de la magistrature, reconnues par le système politique et timidement repris par le système juridique, n’ont pas réussi jusqu’ici à pénétrer le cœur de ce dernierIt is well known that those who are unaware of their past will be condemned to repeat the same mistakes in the future and that in order to determine where one should go, it is necessary to know where one comes from. This thesis analyses three hundred years of Malagasy judicial institutions in the light of the concept of independence of the Judiciary; it proposes a retrospective regard on the period extending from the end of the XVIIIth century until now in which the author proposes a reading of all the situations which have occurred in Madagascar before, during and after the French colonization period. Throughout this thesis, the author proposes new approaches as well as a methodology in analysing the judicial institutions of a country formerly colonized. He proposes to set aside certain ideas concerning the situation of formerly colonized countries, notably, Madagascar and, generally, African countries. This research challenges preconceived ideas which are still carried around by many African and Western researchers trained in the West relating to the pre-colonial situations as well as to the importation of Western legal models and their actual survival in former colonies such as Madagascar. From the particular case of Madagascar, the thesis answers many of the questions raised by the acculturation of the legal systems of former colonies after their encounter with Western legal models. The thesis’ central question seeks to determine whether the concept of the independence of the Judiciary is already present in the legal system of formerly colonized countries such as Madagascar. This thesis shows that the Western concept of the independence of the Judiciary has never really penetrated the legal system of Madagascar. The thesis’ theoretical framework combines legal positivism with sociological and anthropological approaches and it differs from the traditional positivistic analysis common to previous researches. In the first part of the thesis, the author proposes a theoretical framework and analyses the dispute resolution mechanisms during the pre-colonial era. The anthropological analysis of this period shows that the concept of the independence of the Judiciary was ignored by the pre-colonial judicial traditions even if a certain Western influence already existed which influenced the process of spontaneous mixing brought forward by the various Kings. In the second part, the author analyses the colonial and post-colonial periods until now. For the colonial era, the study demonstrates on the one hand that numerous measures put forward did distance the legal colonial model implemented in Madagascar from that of the metropolis and, on the other hand, the impacts of the implementation of the colonial model over the precolonized Malagasy legal traditions. Contrary to well received ideas, the author demonstrates that the French legal model and its key concepts, particularly the separation of powers and the independence of the Judiciary, were never transmitted to the colony after the conquest. A description of the judiciary under the three successive republics since 1960 then follows. Through a positivistic analysis, the author analyses the imperfect initial choices made during the initial years of the implementation of the new legal system of the young republic as well as their contemporary impact over the Malagasy Judiciary even today. Through a positivistic as well as sociological approach, the author shows that the values underlying the concept of the independence of the Judiciary recognized by the political system and timidly integrated by the legal system have not succeeded in being fully implemented so far
Книги з теми "French concept of the separation of powers"
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Université Panthéon-Assas Paris II. Centre de droit américain (Paris). Marbury v Madison: 1803-2003. Un dialogue franco-américain = a French-American dialogue : actes du colloque organisé les 28 février et 1er mars 2003 pour le centre de droit américain de l'université Panthéon-Assas Paris II. Paris: Dalloz, 2003.
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Prateek, Jalan, and Rai Ritin. Part IV Separation of Powers, Ch.24 Review of Administrative Action. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0024.
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This chapter examines the concept of administrative review in the context of the Indian Constitution, with particular emphasis on how administrative actions are reviewed under Article 14. It first considers whether administrative review is different from legislative review, and especially whether the grounds of judicial review under Article 14 apply to the same extent when it comes to the validity of legislation compared with administrative action. It then discusses the scope of the power of administrative review under the concept of ‘reasonableness’ and whether this concept has been applied on a consistent basis. It also comments on the inherently abstract and imprecise nature of the concept of ‘reasonableness’ and how this has contributed to the lack of a judicially manageable test or standard for analysing the various cases adjudicated by the Indian Supreme Court. Finally, the chapter discusses the nature of executive power and how it may influence an adjudication of reasonableness.
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Michaela, Hailbronner. Part IV Independent Constitutional Institutions, 17 Constitutional Legitimacy and the Separation of Powers: Looking Forward. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759799.003.0018.
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This chapter takes a critical look at a number of the themes running through the book. It begins by arguing that the basis for constitutional legitimacy in many African states is tied to the turn against past ‘regimes of horror’, rather than rooted in strong expressions of popular sovereignty, but that this may well provide a sufficiently strong basis for judicial authority nevertheless. It also demonstrates how the strong concern with avoiding past mistakes influences African understandings of the separation of powers as a predominantly negative concept, designed to restrain state and in particular executive power, rather than to guide and steer it—in contrast to the broad aspirational provisions included in many African constitutions today. Finally, the chapter cautions against rejecting too readily political question doctrines where other principled arguments for judicial deference are lacking. The chapter concludes with a call for more South–South comparisons.
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Asifa, Quraishi. Part 1 Constitutionalism and Islam: Conceptual Issues, 1.3 The Separation of Powers in the Tradition of Muslim Governments. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:osobl/9780199759880.003.0004.
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Unlike the relationship between executive, judicial, and legislative powers in modern democracies, the classical Muslim balance of power was not between government entities but rather between the government as a whole and the nongovernmental forces of scholarly academia. Neither had absolute power over the law, and each institution recognized the other's presence and role in the system. This chapter offers a brief overview of this classical Muslim balance of power, summarizing how it is both similar to and different from the contemporary constitutional concept of a separation of powers. It suggests the ways in which classical Muslim structure of authority might provide useful insights for rule of law questions in Muslim majority countries today.
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Horace, Adjolohoun, and Fombad Charles M. Part IV Independent Constitutional Institutions, 16 Separation of Powers and the Position of the Public Prosecutor in Francophone Africa. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759799.003.0017.
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This chapter examines the role of public prosecutors in Francophone Africa. Most of Francophone Africa inherited and has maintained the French civil law tradition which confers on the public prosecutor constitutional and institutional status of dependence on, and limited independence from, the executive and judiciary. It is a delicate balance which tilted more in favour of dependence than independence before the 1990s, during the long era of dictatorship that followed independence. The chapter discusses the historical origins of the public prosecutor in France and its adoption in Francophone Africa; the functions of the public prosecutor and his status vis-à-vis the other branches of government. It points out that the relationship of dependence on the executive and judiciary has largely remained unchanged and poses challenges not only to the good administration of justice but also the entrenchment of a culture of constitutional democracy. A number of reforms are suggested.
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Lazardeux, S. Cohabitation and Conflicting Politics in French Policymaking. Palgrave Macmillan Limited, 2015.
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Lazardeux, S. Cohabitation and Conflicting Politics in French Policymaking. Palgrave Macmillan, 2014.
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Zürn, Michael. Reflexive Authorities. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198819974.003.0003.
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In this chapter, authority is developed as key concept for analyzing the global governance system. Max Weber’s foundational treatment is used to capture the paradox involved in the notion of “voluntary subordination.” Building on this foundation, the concept of reflexive authority is elaborated in contrast to two other concepts that have prevailed in international relations so far. The argument is laid out against the background of the global governance context, one in which the authority holders are in many respects weaker than most state actors. Two types of reflexive authority are identified: epistemic and political authority. Finally, the interplay between different authorities in global governance is analyzed to identify the major features of the global governance system. It is—to put it in the shortest possible form—a system of only loosely coupled spheres of authorities that is not coordinated by a meta-authority and lacks a proper separation of powers.
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Krause, Skadi Siiri, ed. Theories of Modern Federalism. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845298320.
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Federalism is becoming increasingly important in shaping political orders. However, the vast amount of empirical studies and comparative work has pushed the theoretical and ideological treatment of federalism into the background in recent research. Thus, there is no overall presentation of the political and theoretical debates on the modern concept of federalism. Also, the question of the relationship between federalism and democracy is unclear. The aim of this anthology is firstly to prove the theoretical diversity of the discourse on federalism and secondly to depict the path dependence of certain traditions of thinking in the discourse on federalism. Of course, any attempt to deal with a theoretical tradition that is as broad and influential as federalist thinking inevitably involves certain limitations. Thus, the authors of the contributions compiled in this book were given two specifications. The first concerns the embedding of its representation in concrete political debates on the notions of democracy and the vertical separation of powers in the state. The second requires a systematic review of the concept of federalism and the understanding of freedom. The authors examine how a federalist view of politics places representation and administration not only at the level of the state, but also at its subordinate levels, changing our understanding of politics, and how a changing understanding of democracy has shaped the political and theoretical debates on federalism. With contributions by Gabriele Abels, Juri Auderset, Volker Depkart, Dirk Jörke, Charlotte A. Lerg, Thomas Maissen, Hartmut Marhold, William Mathie, James Read, Lee Ward, Claudia Wiesner.
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Lawson, Gary, and Guy I. Seidman. Deference. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190273408.001.0001.
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Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most underanalyzed and undertheorized legal concepts and practices, perhaps because its applications are so varied. This book’s goal is to provide a definition of and vocabulary for deference that can be used to describe, explain, and/or criticize deference in all of its manifestations in the law, including some manifestations that are not always identified by legal actors as instances of deference, such as practices of precedent in which institutional actors consider their own prior decisions. This book undertakes a descriptive and conceptual, not normative or critical, analysis of deference. It leaves to others the question whether deference, in any particular context, is “legitimate” or “bad,” and it does not seek to prescribe whether and how any legal system should apply deference in any specific circumstance or to critique any particular deference doctrines. Rather, it hopes to bring the very concept of deference to the forefront of legal discussion; to identify, catalogue, and analyze at least the chief among its many legal applications; to set forth the many and varied rationales that can be and have been offered in support of (some species of) deference in different legal contexts; and thereby to provide a vocabulary and conceptual framework that can be employed in future projects, whether those projects are descriptive or prescriptive. While this book draws its material almost entirely from American law and practice, we hope in future work, perhaps with the help of other scholars, to expand the study to include the law and practice in other countries and particularly in non-common-law legal systems.
Частини книг з теми "French concept of the separation of powers"
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Walker, Jennifer. "Conclusion." In Sacred Sounds, Secular Spaces, 292–304. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197578056.003.0008.
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Taking the 1903 death of Pope Leo XIII as its starting point, the conclusion extends beyond the legal separation of Church and State (1905) in order to trace the ways in which the processes of transformation that were set in motion during the late nineteenth century continued well into the twentieth century. Pierre Nora’s concept of the lieu de memoire illuminates the numerous ways that the sites of Catholic and French memory that the book explores—whether as opera, popular theatre, or concert—found an extraordinary ally in the Republic as it collectively harnessed the power of memory. From its “origin” in the French medieval era, to its transformations throughout the fin-de-siècle, to the response to the devastating fire at Notre-Dame in 2019, the Catholic Church provided (and continues to provide) a new mode of expression for the French Republic. In effect, the success of the twentieth-century renouveau catholique was set in motion by its nineteenth-century forbear: the path was paved by the Republic’s musical Ralliement and the memorialization of its Catholic past as a fundamental cornerstone of its modern existence.
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Tan, Kevin Y. L. "Separation of Powers." In Global Canons in an Age of Contestation, 157–74. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780191956942.003.0009.
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Abstract This chapter examines the concept of the separation of powers through the lens of three primary documents; two of which are canonical, and one which is anti-canonical. Canonical are the Constitution of the United States of America, and the 1965 case of Liyanage & Ors v. The Queen (1967), a decision of the Privy Council on an appeal from Ceylon. The US Constitution was pioneering in how it manifested the separation of powers doctrine. It has stood the test of time and become the model for constitution-making since. The decision in Liyanage reinforces the concept of the separation of powers in the absence of a codified language that mandates such separation. The anti-canon is the Constitution of Brunei 1984, an example of the type of constitution typically drafted by religious or theocratic states that rejects the separation of powers doctrine in favour of a more absolutist form of government.
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Freedman, Eric M. "Separation of Powers." In Making Habeas Work, 77–81. NYU Press, 2018. http://dx.doi.org/10.18574/nyu/9781479870974.003.0012.
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“Separation of powers” means: - “allocation of roles,” assigning government power to appropriate officials and - “checks and balances,” creating mutually-restraining branches. As the Supreme Court of the United Kingdom recognized in 2017 in the context of Brexit, British judges from the sixteenth century onwards enforced the concept of role allocation in many legal situations, including ones invalidating royal actions. The idea passed smoothly, almost silently, into American law. Specifically, the role of the Crown was such that, as a consequence of the legal principal “the King can do no wrong,” the sovereign could not cause a person to suffer a legal hardship unless it was one affirmatively permitted by law. This meant that in habeas cases, the burden of proof was on the jailer to demonstrate a right to detain the prisoner, not on the latter to demonstrate a right to freedom. Post-Independence courts acted accordingly.
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Vibert, Frank. "The classic concept: an architecture for learning." In Rethinking the Separation of Powers, 19–40. Edward Elgar Publishing, 2024. http://dx.doi.org/10.4337/9781035315802.00011.
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Parpworth, Neil. "2. Separation of powers." In Constitutional & Administrative Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198810704.003.0002.
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This chapter discusses the origins and meaning of the separation of powers doctrine. It highlights the contribution of French nobleman and parliamentary magistrate Charles Louis de Secondat, otherwise known as Baron de Montesquieu, to political theory: L’Esprit des Lois (The Spirit of the Laws). The chapter also addresses the question of whether there is a separation of powers in the UK constitution. Differences of opinion between academics and judges as to the importance of the separation of powers doctrine to an understanding of the UK constitution are reviewed. Examples of overlap between the three functions of government are presented, and the reforms made by the Constitutional Reform Act 2005 are discussed.
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Parpworth, Neil. "2. Separation of powers." In Constitutional and Administrative Law, 18–35. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198847120.003.0002.
Повний текст джерелаАнотація:
This chapter discusses the origins and meaning of the separation of powers doctrine. It highlights the contribution of French nobleman and parliamentary magistrate Charles Louis de Secondat, otherwise known as Baron de Montesquieu, to political theory: L’Esprit des Lois (The Spirit of the Laws). The chapter also addresses the question of whether there is a separation of powers in the UK constitution. Differences of opinion between academics and judges as to the importance of the separation of powers doctrine to an understanding of the UK constitution are reviewed. Examples of overlap between the three functions of government are presented, and the key reforms made by the Constitutional Reform Act 2005 are discussed.
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Parpworth, Neil. "2. Separation of powers." In Constitutional and Administrative Law, 18–36. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192856579.003.0002.
Повний текст джерелаАнотація:
This chapter discusses the origins and meaning of the separation of powers doctrine. It highlights the contribution of French nobleman and parliamentary magistrate Charles Louis de Secondat, otherwise known as Baron de Montesquieu, to political theory: L’Esprit des Lois (The Spirit of the Laws). The chapter also addresses the question of whether there is a separation of powers in the UK constitution. Differences of opinion between academics and judges as to the importance of the separation of powers doctrine to an understanding of the UK constitution are reviewed. Examples of overlap between the three functions of government are presented, and the key reforms made by the Constitutional Reform Act 2005 are discussed.
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Yuratich, David. "2. The Separation of Powers." In Public Law: Principles to Practice, 43–80. Oxford University Press, 2024. http://dx.doi.org/10.1093/he/9780191881985.003.0002.
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This chapter focuses on the separation of powers, which is an important aspect of the operation of the UK’s constitution. It details the concept of the separation of powers and its origins, before describing the functions of the executive, the legislature, and the judiciary. The chapter goes on to discuss how the powers held by each organ of the state are separated and how the relationship between them is balanced such that the state can achieve its goals. The chapter concludes by highlighting the practical effects of the separation of powers, including political accountability.
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Kruzslicz, Péter. "The Separation of Powers." In Comparative Constitutionalism in Central Europe : Analysis on Certain Central and Eastern European Countries, 239–53. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.lcslt.ccice_13.
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The constitutional principle of the separation of powers and the doctrine behind the principle are as fundamental as they are complex. Three main reasons are behind this complexity. Firstly, a doctrine and a proper theory based on which the doctrine and the principle are developed hide behind the principle. Secondly, by its nature, the concept of the separation of powers is related to the more general constitutional principle of the rule of law. Even though the rule of law appeared mainly after the separation of powers, as a more abstract principle, it also encompasses its constitutional requirement. At the same time, the substance of the separation of powers concerns the institutional organisation of the state despite its above-mentioned relation to the more general principle of rule of law.1 Thirdly, the functions of the branches of power that are to be separated according to the principle are radically different. Regarding the three main branches, it is obvious that while the judiciary asks for complete independence, a logical gap exists between legislative and executive powers,2 with the first one being general when the legal norms are adopted and the second one being concrete when it proceeds to the implementation of the norms. Hence, their separation is not so evident, and the principle may require an equilibrium by balancing those powers.3 Finally, the last reason for the complexity inherent in the concept of separation of powers is due to the different approaches used for the interpretation of the principle. On one hand, it can convey the institutional meaning of separation of bodies, and on the other hand, it can be more functional if an equilibrium is to be maintained while exercising different state functions.4 As with all constitutional principles, the founding theory of the separation of powers should be analysed in the larger context in which it developed. It is strongly linked to what Montesquieu thought to be the English constitutional regime, even though he was obviously misreading the actual political context. It was implemented – not for the first time but with the most important consequences – in the newly established constitutional regime of the United States of America, and of course, the impact of the American context was greatly influenced the result of its implementation. When it comes to analysing the separation of powers in the context of contemporary states of the Central European region, those contextual facts should also be noticed. In addition, for this region of interest, in a comparative constitutional study, it is also important to notice that a voluntary implementation of an already well-developed principle in a new or different political context can lead to confusing results. Central European states have a particularly rich constitutional heritage, e.g. the Constitution of Poland and Lithuania was among the first to implement the separation of powers5 as contemporary constitutional regulation, and the principle could be reintroduced in the very foundations of the legal order of Poland when socialist regime disappeared. When doing so, the constituent power of Central Europe could not only use the well-established theory and doctrine of the separation of powers, but it was also aware of and used the already existing constitutional solutions of other constitutional states for the implementation of the principle. However, the exportation of constitutional models to a different context can result in discrepancies in the political praxis. According to the main hypothesis of this chapter, the separation of powers as implemented in the Central European region leads to the rise of strong executive powers. This pheonomenon is independent of the presidential or the parliamentary character of the regimes. On the contrary, a strong executive power is even more common in parliamentary regimes. In addition, if there is a general, international tendency towards the strengthening of executives for many reasons,6 the emergence of strong executives in the region can also be read as a consequence of Central European traditions and a special need for such strong governments in the particular political context of the region. On one hand, Central European states have struggled with important political, social and economic challenges during their modern history, often demanding a strong and stable executive. They did so to spare themselves of political difficulties which can result from a permanent governmental crisis due to the lack of strong leadership. Some of them also had a negative historical memory of the excessively strong parliamentarism causing such difficulties.7 On the other hand, a permanent need for reforms – especially after the change of regimes – also required a strong political executive that would be able not only to propose but especially to implement such reforms with success. Thus, even for states such as Hungary or Croatia, which benefitted from an important tradition of parliamentarism under the dualist regime of the Habsburg empire, after the cataclysms of the twentieth century, a stronger executive seemed to be a good solution. However, implementing the separation of powers can be difficult in such a political and constitutional background and may call for special arrangements to guarantee the very fundamental aim of the principle: creating a legal obstacle to the concentration of power.
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Adkison, Danny M., and Lisa McNair Palmer. "Distribution of Powers." In The Oklahoma State Constitution, 71–72. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197514818.003.0007.
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This chapter looks at Article IV of the Oklahoma constitution, which concerns distribution of powers. One of the hallmarks of the U.S. Constitution is its embrace of the concept known as separation of powers, notwithstanding that the document does not explicitly refer to it. The Oklahoma framers made the concept explicit. Section 1 provides for the separation and distinction of the departments of government. It states that “the powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial.” This provision does not prohibit some blending of the three branches. What this section does clearly prohibit is all of the power of one branch being exercised by another branch. It also prohibits the legislature from appointing its own members to boards that have the authority to approve grant applications for development, use, and control of water resources.
Тези доповідей конференцій з теми "French concept of the separation of powers"
1
Fischer, Manfred. "The Core Melt Stabilization Concept of the EPR and Its Experimental Validation." In 14th International Conference on Nuclear Engineering. ASMEDC, 2006. http://dx.doi.org/10.1115/icone14-89088.
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The strategy of the European Pressurized Water Reactor (EPR) to avoid severe accident conditions is based on the improved defense-in-depth approaches of the French “N4” and the German “Konvoi” plants. In addition, the EPR takes measures, at the design stage, to drastically limit the consequences of a postulated core-melt accident. The latter requires a strengthening of the confinement function and a significant reduction of the risk of short- and long-term containment failure. Scenarios with potentially high mechanical loads and large early releases like: high-pressure RPV failure, global hydrogen detonation, and energetic steam explosion must be prevented. The remaining low-pressure sequences are mitigated by dedicated measures that include hydrogen recombination, sustained heat removal out of the containment, and the stabilization of the molten core in an ex-vessel core catcher located in a compartment lateral to the pit. The spatial separation protects the core catcher from loads during RPV failure and, vice versa, eliminates concerns related with its unintended flooding during power operation. To make the relocation of the melt into the core catcher scenario-independent and robust against the uncertainties associated with in-vessel molten pool formation and RPV failure, the corium is temporarily retained, accumulated and conditioned in the pit during interaction with a sacrificial concrete layer. Spreading of the accumulated molten pool is initiated by penetrating a concrete plug in the bottom. The increase in surface-to-volume ratio achieved by the spreading process strongly enhances quenching and cool-down of the melt after flooding. The required water is passively drained from the IRWST. After availability of the containment heat removal system the steam from the boiling pool is re-condensed by sprays. The CHRS can also optionally cool the core catcher directly, which, in consequence, establishes a sub-cooled pool near-atmospheric pressure levels in the containment. The described concept rests on a large experimental knowledge base which covers all main phenomena involved, including melt interaction with structural material, melt spreading, melt and quenching, as well as the efficacy of the core catcher cooling. Besides giving an overview of the EPR core melt mitigation concept, the paper summarizes its R&D bases and describes which conclusions have been drawn from the various experimental projects and how these conclusions are used in the validation of the EPR concept.
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Mouton, Thomas. "Processional Dérive: Review of New Orleans Black Masking Indian Parading as Psychogeographical Praxis." In 112th ACSA Annual Meeting. ACSA Press, 2024. http://dx.doi.org/10.35483/acsa.am.112.49.
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This paper will review the Black Masking Indian culture of New Orleans, Louisiana through the lens of Henry Louis Gates Jr’s. Signifyin(g) concept as well as concepts from the Situationist International (SI). Outside of New Orleans they may be more commonly known as Mardi Gras Indians, but Black Masking Indians will be used throughout the paper. Gate’s literary concept allows for a historicization of the Black Masking Indian culture as a series of subversive acts by utilizing the rhetorical black homonym to contextualize the Black Masking Indian processions not merely as just another organization parading during Mardi Gras. With the inclusion of literary concepts, these place-making performative rituals embody AbdouMaliq Simone’s Generic Blackness which “points to the substrates of city-making which prevailing regimes of urban power can never fully apprehend or control”. Literary concepts are crucial to overcoming these issues of apprehension, illuminating the complexity inherit within any marginalized community’s inhabitation of space.Utilization of literary concepts allow for apprehension of the performative processions as radical spatial praxis with recognizable similarities to psychogeographical concepts developed by the French collective. In Black Masking Indian procession’s one will find variations in application of Psychogeography which allow for the study of specific effects of the urban (geographic) environment on the emotions and behaviors of individuals when conducted by racialized groups. The sections proceeding the initial literary review will criti-cally examine the lack of inclusive Psychogeography studies from the SI. As Khatib was the sole none white member of the SI, examination of Abdelhafid Khatib’s failed attempt at a psychogeographic study raises critical questions for the application of SI concepts with marginalized communities.Overall the goal of this paper is to examine the potential inclusion of literary concepts countering the typical reading of the Black Masking Indian processions and New Orleans Mardi Gras as “one in the same.” Presented as such is characteristic of a Eurocentric hegemonic observation, both in its failure to identify the micro-cultural events as radical spatial praxis and its perpetuation of passive racist tropes of marginalized communities as void of agency and incapable of self-actualization. Insights from this comparative review provide a critical lens in which to view the social, geographic, and historic separation between the SI and Black Masking Indians. What can be concluded from this comparative review is how the complexity of subaltern urban spatial inhabitation requires the synthesis of theorists not often associated with spatial studies. This of course highlights the continued predominance of white Eurocentric spatial theories and the need for a pluralistic methodological approach that develops a critical spatial discourse incorporating theories from the Global South as well as literary concepts.
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Mohammed Ameen, Peshraw. "the presidential and the semi-presidential system." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp152-163.
Повний текст джерелаАнотація:
In this research we dealt with the aspects of the presidential system and the semi-presidential system, and he problematic of the political system in the Kurdistan Region. Mainly The presidential system has stabilized in many important countries, and the semi-presidential concept is a new concept that can be considered a mixture of parliamentary and presidential principles. One of the features of a semi-presidential system is that the elected president is accountable to parliament. The main player is the president who is elected in direct or indirect general elections. And the United States is a model for the presidential system, and France is the most realistic model for implementing the semi-presidential system. The French political system, which lived a long period under the traditional parliamentary system, introduced new adjustments in the power structure by strengthening the powers of the executive authority vis-à-vis Parliament, and expanding the powers of the President of the Republic. In exchange for the government while remaining far from bearing political responsibility, and therefore it can be said that the French system has overcome the elements of the presidential system in terms of objectivity and retains the elements of the parliamentary system in terms of formality, so it deserves to be called the semi-presidential system. Then the political system in the Kurdistan Region is not a complete parliamentary system, and it is not a presidential system in light of the presence of a parliament with powers. Therefore, the semi-presidential system is the most appropriate political system for this region, where disputes are resolved over the authority of both the parliament and the regional president, and a political system is built stable. And that because The presence of a parliamentary majority, which supports a government based on a strategic and stable party coalition, which is one of the current problems in the Kurdistan region. This dilemma can be solved through the semi-presidential system. And in another hand The impartiality of the head of state in the relationship with the government and parliament. The head of state, with some relations with the government, can participate in legislative competencies with Parliament.
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Khartabil, H. F. "Review and Status of the Gen-IV CANDU-SCWR Passive Moderator Core Cooling System." In 16th International Conference on Nuclear Engineering. ASMEDC, 2008. http://dx.doi.org/10.1115/icone16-48741.
Повний текст джерелаАнотація:
Enhanced safety is an important priority in the development of Generation IV reactors, which can be accomplished through the use of improved passive heat removal systems. In CANDU® reactors, the separation between the low-pressure moderator and high-pressure coolant provides a unique passive heat sink for decay heat removal during accident scenarios. Methods for enhancing this passive heat sink for the GenIV CANDU-SCWR (supercritical water cooled reactor) have been under investigation for the past several years to support a “no core melt” reactor design concept (1, 2). Initially, to test feasibility, tests and analysis at AECL studied a full-height passive cooling loop and showed that a flashing-driven natural circulation system was possible in principle. However, flow oscillations were observed at low powers and could not be readily explained through analysis. While these oscillations were not considered to be detrimental to the heat removal capability, additional separate-effects experiments were conducted and causal mechanisms proposed for the oscillations. In addition, these separate effects tests suggested that oscillations could be avoided at any power level by suitable design. A new test loop with a more representative geometry was recently constructed and commissioned. Preliminary commissioning tests confirmed conclusions from the separate effects tests. In this paper, the new tests are compared to the past tests to explain the improved and more stable loop operation. This comparison suggests that a complete system coupled to an ultimate heat sink has the potential to improve loop operation even more by eliminating or significantly reducing flow oscillations at low powers. Plans for validating this conclusion will be provided.
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Carapellucci, Roberto, Roberto Cipollone, and Davide Di Battista. "Near-Zero CO2 Emissions Power Plant Based on High Temperature Fuel Cells." In ASME 2019 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2019. http://dx.doi.org/10.1115/imece2019-10848.
Повний текст джерелаАнотація:
Abstract The recent awareness on the environmental issues related to global warming is leading to the search for always more efficient energy conversion systems and, mainly, with very low carbon dioxide emissions. In fact, they are strictly related to the combustion reaction of fossil fuels which is the main process of the actual power generation technology. In this regard, fuel cells are energy conversion systems which are characterized by higher efficiency and near-zero CO2 emissions. Their novel integration with conventional power plants participates to the concept of the decarbonization of the economy. In this work, the integration of two high temperature fuel cells (HTFC) with a gas turbine power plant has been proposed and investigated, thanks to the combination of a physical model of the fuel cells and a numerical one of the components involved in the gas turbine cycle. In the layout studied, fresh air is compressed, pre-heated and used in a Solid Oxide Fuel Cell (SOFC), where the high operating temperature and the exothermic process give exhaust gases at very high temperatures, suitable for an expansion in a turbine. After the expansion, the gases are rich of CO2 and, so, they can be sent to the cathode side of a Molten Carbonate Fuel Cell (MCFC). Hence, the so-defined integrated plant is composed by three power units: a turbine, a SOFC and a MCFC; operating pressure, fuel need, oxygen and carbon dioxide utilizations in the fuel cells are parameterized in order to optimize the whole plant and find additional room of energy exploitation. Moreover, the MCFC acts as an active device for carbon separation, introducing further environmental benefits.
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Saeed, Kurdistan, and Chawan Salah. "Electoral systems applied to the Iraqi parliament elections after 2003 (comparative analytical study)." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp277-289.
Повний текст джерелаАнотація:
This study deals with the electoral systems applied in Iraq after 2003 for the Iraqi Parliament elections. The issue's importance lies in the fact that elections are the legitimate means adopted by modern political systems based on the separation of powers. Therefore, after changing the political system in Iraq in 2003 from a one-party system to a democratic parliamentary system, the permanent constitution of 2005 granted the right to political participation for citizens. Including the right to participate in elections through nomination or candidacy for the Iraqi Council of Representatives, this study examines the electoral systems applied after 2003 and the reasons for the instability of the Iraqi parliament elections on a specific law. The study dealt with the types of electoral systems by focusing on the concept and emergence of elections and the most critical electoral systems adopted by political systems. Furthermore, the electoral systems applied after 2003 in the Iraqi parliament elections by focusing on the electoral laws or their amendments that preceded each electoral cycle since 2003 until now. The study concluded that the electoral system in Iraq was not legally stable; several amendments have been made to the laws regulating the elections for the House of Representatives. So the two elections did not repeat under one law because of political parties' criticism leveled at it. Moreover, the attempt by the large parliamentary blocs, through their control of the Iraqi Council of Representatives, to legislate laws that limit the victory of the blocs and small parties.
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Carapellucci, Roberto, Roberto Cipollone, and Davide Di Battista. "MCFC-Based System for Active CO2 Capture From Flue Gases." In ASME 2018 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/imece2018-86881.
Повний текст джерелаАнотація:
Carbon dioxide emissions reduction in the atmosphere is the major driver of technological innovations, in particular in energy and industrial sectors. Those sectors are dominated by the use of fossil fuels whose main concern on the combustion gases is the presence of CO2. Their emission in atmosphere accumulates Carbon, the main cause of global warming. The only way to continue to make reference to fossil fuel in the medium-long term and to avoid the carbon accumulation in the atmosphere is to use technologies capable to capture and sequester the carbon in the flue gases (CCS). In the sector of electricity production, several technologies have been proposed for the capture CO2, including absorption, adsorption, cryogenic distillation or membrane separation. All of them offer flexibility and easiness of application, but they need external energy to operate. On the other hand, particular interest is reversed to those technological options that are able to remove CO2 without energy consumption; even more attention is reserved to those technologies which, suitably integrated with other conversion systems, can produce electrical energy at the same time, so increasing the electricity production with respect to the original plant. They are defined active systems and one of these is represented by Molten Carbonate Fuel Cells (MCFCs). In fact, MCFCs are fuel cell capable to concentrate CO2 at anode exhaust, making easier its capture, separation and storage and in parallel to contribute to the electricity production. In this paper, a comprehensive model of the MCFC is used to assess the opportunity related to its use as a CO2 remover from a flue gas as a CCS active device, without energy penalties related to traditional carbon capture methods (MEA, pre and post-combustion, oxy-combustion, etc.). Hence, it has been integrated in a wider system with auxiliary components: compressors to overcome pressure drops, steam generator (also using heat recovered from MCFC exhausts) for fuel dilution, fresh air integration in cathode inlet section, heat exchangers for thermal management and recovery. A CO2 compression and drying section has been considered and represented as a multi-step intercooled compression. The so-defined system can be used as a plug-in device able to be coupled to flue gases with different compositions and thermodynamic operating parameters (temperature, pressure, flow rates). Finally, it has been applied to a case study (a Natural Gas Combined Cycle power plant - NGCC) and the performance of the MCFC in terms of CO2 removal capacity, electrical power generation and size have been evaluated as well the energetic and environmental impact on the reference NGCC power plant.
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Trofimov, Vasily. "On shaping the constitutional principles and understanding the nature of their effectiveness in the legal life of society." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.uuls2668.
Повний текст джерелаАнотація:
The theory of shaping the constitutional principles as the leading principles of law in a multi-level pyramid of legal forms (in fact, the theory of the legal form of the highest level) is set forward. The dialectical approach, the method of rising from the abstract to the concrete in understanding the regular law formation processes, the theory of factors, the theory of law formation, the critical reflection method, comparative analysis, systemic and sociological-legal approaches were used as the methodological foundations of the research. Two main groups of approaches to understanding the nature of the principles of constitutional law, namely subjective-right-positivist and objective-social ones, are presented. The subjective-legal positivist approach to the problem of the emergence of the principles of law in general and the principles of constitutional law, in particular, is critically assessed. It is noted that the objective-social approach to understanding the nature of the principles of law is more true; it allows to answer the question of the unconditional effectiveness of constitutional principles in the legal life of society, despite changing market circumstances in politics, economics etc. It is argued that shaping the constitutional principles is based on the most powerful and fundamental factors in the development of social and legal life. Some examples with the principles of the priority of human and civil rights and freedoms, the rule of law, the concept of separation of powers etc. are given. It is concluded that the principles of law express the objective laws of social and legal life and this gives them inviolability and all-time practical significance.