The right of citizens to participate in government

2016 ◽  
Vol 5 (1) ◽  
pp. 91-96
Author(s):  
Стрыгина ◽  
Marina Strygina
Keyword(s):  
The State ◽  
City Managers ◽  
The Real ◽  
The Right

The article discusses the possibility of implementing the rights of citizens in managing the state through participation in elections of heads of administrations of municipal entities (city managers). The author analyzes the real possibilities and limits of realization of the right of citizens to participate in managing the Affairs of the state; the system of appointment by competition of heads of local administrations.

How Russia's Bureaucracy hindered its Economic Development

2012 ◽  
Vol 20 (3) ◽  
pp. 438-453
Author(s):  
Chaim Shinar
Keyword(s):  
Twentieth Century ◽  
Economic Development ◽  
Driving Force ◽  
The State ◽  
Soviet Society ◽  
Russian History ◽  
The Real ◽  
State Bureaucracy ◽  
Soviet Russia ◽  
The Right

At least as far back as the reign of Tsar Nicholas I, Russia's state bureaucracy has been widely considered to be top-heavy, corrupt, inefficient and tyrannical. By the early twentieth century the real driving force of Russian history and society was neither the constitutional façade erected by the autocracy to stifle the revolution nor the subsequent Bolshevik seizure of power, but rather the growth of the state bureaucracy. Similarly, in the course of the twentieth century, analysts on both the left and the right came to view hyper-bureaucratic growth unchecked by democratic constraint as the major problem of Soviet society. Attempts to reduce bureaucratic interference in the economy of post-Soviet Russia have not resulted in positive change.

scholarly journals Can Local Comparative Judgements Justify Moderate Perfectionism?

Philosophia ◽  
2021 ◽  
Author(s):  
Henrik D. Kugelberg
Keyword(s):  
Political Liberalism ◽  
Drug Addict ◽  
The State ◽  
Absolute Value ◽  
The Real ◽  
Common Objection ◽  
The Right ◽  
Ways Of Life

AbstractA common objection to political liberalism is that since reasonable citizens agree that some ways of life are worse than others – for instance that the life of a drug addict is less worthwhile than the life of a person who spends her time with family and philosophy – political liberals must concede that the state can sometimes permissibly use perfectionist reasons. I argue in this paper that this challenge is mistaken, because the comparison only tells us something about relative, not absolute, value. And because the real question concerns what the right justificatory constituency looks like, not what counts as reasonable in some other sense, the implication is that perfectionists and political liberals could construct equally plausible idealised constituencies. This stalemate gives us reason to develop arguments in favour of our preferred justificatory constituency. We cannot view local comparative judgements in isolation.

scholarly journals On guarantees of protection of the policeman's right to money security

2021 ◽  
Vol 66 ◽  
pp. 118-122
Author(s):  
T. A. Masalova
Keyword(s):  
Civil Rights ◽  
Police Officers ◽  
Labor Law ◽  
The State ◽  
Labor Rights ◽  
Financial Security ◽  
The Real ◽  
Definition Of ◽  
The Right ◽  
High Level

The article considers the issues of guarantees of protection of the policeman's right to financial security, in particular, the definition of "guarantees of protection of the policeman's right to financial security", defines the purpose, objectives and functions of the investigated guarantees, and outlines the structure of basic guarantees. Thus, guarantees for the protection of the right of police officers to financial security are considered as a set of legal and organizational-legal means, methods and conditions by which the police and state bodies ensure the real restoration of the violated right to remuneration. It is concluded that today the guarantees of protection of the police officer's right to monetary security are a special manifestation of guarantees of protection of the employee's right to remuneration. This position allows us to draw the following conclusions: (1) the extension to the police of labor law and other guarantees of protection of labor rights of employees contributes to the expansion of the set of human-centered principles available in labor law in this area. This does not allow the state to subject police officers to labor exploitation, which degrades their human dignity, and obliges them to properly ensure and protect the right of these officers to a decent reward for their work; (2) as the real existence of guarantees of human and civil rights and freedoms in Ukraine is still far from adequate, the guarantees of protection of the police officer's right to financial security are not sufficiently perfect. Meanwhile, it should be borne in mind that the importance of police work, as well as ensuring a high level of social security of these officers has led to the creation and operation of a legal mechanism to protect the right of police officers to a decent reward. conditions under which a police officer may confirm and protect the right to financial security by all means and methods available to him, which do not endanger the state of national security of the state.

scholarly journals CIVIL LIABILITY OF REAL ESTATE NOTARY IN JORDANIAN LEGISLATIONS: A COMPARATIVES STUDY: المسؤولية المدنية للموثق العقاري في التشريع الأردني: دراسة مقارنة

2021 ◽  
Vol 5 (18) ◽  
pp. 203-177
Author(s):  
Thamer Aref Jameel, Mohammed Hatem Al-byat Thamer Aref Jameel, Mohammed Hatem Al-byat
Keyword(s):  
Real Estate ◽  
Civil Liability ◽  
The State ◽  
Direct Result ◽  
Economic Openness ◽  
The Real ◽  
The Real Estate ◽  
The Law ◽  
The Right

  The notary has enjoyed a privileged position in the legal system, and the work of the notary is considered a form of achieving justice, as this profession has an impact on society, as it is considered one of the most dangerous professions because the nature of the documentary’s work is based on establishing the rights of individuals in an official form such as the transfer of ownership, and given the importance of the documentary in The law has assigned the legislator a special protection for it and in return impose a penalty for everyone who prejudices the sanctity of the contracts notarized and concluded by the real estate notary, as the authority of the notary is considered the authority of the law, as the notary is authorized by the state and has rights and obligations regulated by law. Documentation has also become one of the basic factors in the lives of individuals and their relationships in society, as it has become a tool in the hands of the state to follow up and supervise legal work, and with the development of the notary’s work with social and economic openness, there has become a great demand for documentation by individuals in order to ensure their rights and obligations. It is considered a legal guarantee of individual rights (Makhlouf, 2015, p. 81). We conclude from this study that the notary is responsible for his professional mistakes towards his client, and for this reason the aggrieved (client) has the right to refer to the notary or the authority to which the notary is affiliated in his work based on the provisions of the responsibility of the follower for the fault of the follower, and the aggrieved party has the right to sue them together, as the aim of these The study is a statement of the civil liability that falls on the real estate notary and a statement of the duties and rights that he owes. As for the lawsuit for compensation for the damage that the client suffered against the notary, the law did not distinguish it with special provisions in terms of its prescription period, but rather subjected it to general provisions in the civil law, In order for the civil notary to be responsible, the general elements of any liability must be met, which are three pillars: First, the documentary error, whether intentional or not, and it occurred before the writing of the notary, or during its writing, or after the writing of that contract, and the criterion by which this error is measured is the behavior of the notary Average in terms of adequacy, and that the damage is realized and is a direct result of that error.

scholarly journals Bohorodyts'ka and Starosamars'ka hundred (sotnya): administrative system and officer (starshyna) corps

2017 ◽  
Vol 25 (1) ◽  
pp. 49
Author(s):  
Oleh Anatoliiovych Repan
Keyword(s):  
17Th Century ◽  
The State ◽  
Left Bank ◽  
Reliable Control ◽  
Administrative System ◽  
Russian Government ◽  
Real Power ◽  
The Real ◽  
The Right

Bohorodyts'ka and Starosamars'ka hundred (sotnya)is an unique Cossack formations. They existed in a territorial isolation from the Hetmanate and Slobozhanshchyna, on the lands of the Zaporozhian Sich. The study of these formations will better understand the policy of the Russian government in relation to the Sich, to find out the methods by which the state authorities planned to put Zaporizhzhya Cossacks under their control. We do not know when the Bohorodyts'ka hundred (sotnya) arose. Now the first mention in the documents dates back to 1700. The Russian government planned to create a Cossack regiment (polk) here, but in reality was founded a Cossack hundred (sotnya). Ivan Mazepa, as an autonomous ruler, wanted to include this formation in the structure of Hetmanate, but a hundred (sotnya) was subject to the authority of a representative of the Russian administration – the Kiev governor. The hundreds (sotnya) were liquidated as a result of Russia's defeat in the war with Turkey and the signing of the Prut peace in 1711. We do not know when the Cossack hundred (sotnya) was restored under the name Starosamars'ka. This happened in the late 1730s – early 1740s. In 1744, the Starosamarsʼka hundreds became part of the Poltava regiment (polk) of the Hetmanate. The administrative apparatus of the hundreds was predominantly similar to other hundreds of Hetmanates, but the real power of the Cossack officers was a bit lower here. During the existence of the Starosamars'ka hundreds, such a body of self-government was preserved as a council (rada) that was not typical for the Hetmanate in this period. This was due to the fact that the peoples could easily escape from their power and move to neighboring settlements and recognize the jurisdiction of the Zaporozhska Sich. The population of hundreds and officers consisted mainly of immigrants from the left bank of the Dnieper, to a lesser extent – from immigrants from the right bank. Summing up, I note that the Bohorodyts'ka and Starosamars'ka hundred (sotnya) appeared as instruments of control of the Russian government over the colonization of Zaporizhye cossacklands. The Bohorodyts'ka hundred (sotnya), as far as we can judge, was under the direct authority of the Kiev governor. Starosamars'ka hundred (sotnya) became part of the Hetmanate. This is due to the fact that in the 1740s the Russian government was already convinced of the reliable control over the Hetmanate, although at the end of the 17th century there was no such control. Zaporizhska Sich fought both with legal and violent methods with this hundred (sotnya), which was located on the lands of the Zaporozhian Cossacks. The Starosamars'ka hundred (sotnya) ceased to exist in October 1761, when its territory entered the jurisdiction of the Zaporozhzhya Sich.

Democratic Sovereignty

Dialogue ◽  
1988 ◽  
Vol 27 (4) ◽  
pp. 579-589
Author(s):  
Don Stewart
Keyword(s):  
Social Contract ◽  
The State ◽  
The Real ◽  
State Of Nature ◽  
The Right

It is nearly ten years since Quebec held its referendum on Sovereignty Association and time, perhaps, for a retrospective. There were winners and losers in 1980, but the real winner may have been the idea that sovereignty may be established democratically. Governments, of course, are quick to agree that people have the right to determine their sovereignty democratically—so long as this takes place in the State of Nature invented by Hobbes for just such august occasions. Only thrice to my knowledge, however, have governments actually allowed anything even remotely close to a social contract, once in Norway in 1905, once in Wales in 1979 and again in Quebec in 1980.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

Chasing Angels: The Sweet Wine Angelica

2008 ◽  
Vol 8 (3) ◽  
pp. 74-78
Author(s):  
hank shaw
Keyword(s):  
The State ◽  
The Real ◽  
Mission Period ◽  
History Of ◽  
Uncertain Future ◽  
Sweet Wine ◽  
Made In

Portugal has port, Spain has sherry, Sicily has Marsala –– and California has angelica. Angelica is California's original wine: The intensely sweet, fortified dessert cordial has been made in the state for more than two centuries –– primarily made from Mission grapes, first brought to California by the Spanish friars. Angelica was once drunk in vast quantities, but now fewer than a dozen vintners make angelica today. These holdouts from an earlier age are each following a personal quest for the real. For unlike port and sherry, which have strict rules about their production, angelica never gelled into something so distinct that connoisseurs can say, ““This is angelica. This is not.”” This piece looks at the history of the drink, its foggy origins in the Mission period and on through angelica's heyday and down to its degeneration into a staple of the back-alley wino set. Several current vintners are profiled, and they suggest an uncertain future for this cordial.

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

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