scholarly journals Prohibiting Amendment: the Use of Absolute Rigidity in the Constitutions of the Countries of the World

2016 ◽  
Author(s):  
Dag Anckar
Keyword(s):  
Comparative Law ◽  
Fundamental Rights ◽  
Democratic Politics ◽  
African Countries ◽  
Constitutional Amendments ◽  
The World ◽  
Almost All ◽  
British Colonies ◽  
Constitution Making

Constitutional amendments are as a rule enacted by special procedures that are more stringent than the procedure required of ordinary legislation. Some constitutions even make use of entrenched clauses which restrict in full the use of amendment; such constitutions, then, introduce what is called in this study "absoluty rigidity" (AR). Mapping the use of AR in the constitutions of countries of the world, this study shows that about one third of the countries have introduced for defined issues and principles a ban on amendment, differences between regions of the world being fairly small and the overall pattern therefore being global rather than territorial. However, more than countries in other regions, African countries are frequent AR-users. In regards to the question why some states resort to AR whereas others do not, findings are that democracies are not as frequent AR-users as are non-democracies; furthermore, diffusion stands out as an important explanatory factor, as evident from an inserted case study of former British colonies which indicates that a distaste of Britain for AR has indeed been transformed to the colonies, almost all of which have avoided the method. Concerning matters that enjoy AR-protection, territorial integraty, fundamental rights and freedmons, and republican and democratic forms of government are among the most frequent. A fair amount of the AR-entrenchements are in an empty-words category, as they are violated, even flagrantly, by the very states that have installed them.Key-words: Comparative law, constitution-making, constitutional rigidity, democratic politics.

The Indian Yearbook of Comparative Law 2016

2018 ◽  
Keyword(s):  
Environmental Law ◽  
Comparative Law ◽  
Public Law ◽  
Corporate Law ◽  
Legal Issues ◽  
Reading Materials ◽  
The World ◽  
Almost All ◽  
The Comparative Study ◽  
Day By Day

The contributions, by eminent scholars, included in The Indian Yearbook of Comparative Law 2016 discuss the discipline of comparative law in India and is of immense importance for legal scholarship around the globe. Unlike the West, that has covered almost all aspects of law from private to public law matters of national, transnational, and international relevance, not much work has been done in the discipline of Comparative law in India. In view of the countries and people of the world coming closer day by day, the need for the comparative study of law is becoming a sine qua non for participation in almost all transactions among people living across the globe. The attempt made with this volume will not only meet the much-awaited need of having reading materials on comparative law, but will also create a forum for legal scholars around the world to express their views on different aspects of law in comparative perspective. The issues covered her range from comparative legal methods to comparison in different aspects of law in different countries, as well as transnational and international bodies such as European Union and the various bodies of the United Nations. The issues covered include corporate law, constitutional law, human rights, environmental law, globalization, democracy, privatization, and several other contemporary legal issues.

scholarly journals “Could You, Would You, Should You?” Regulating Cross-Border Travel Through COVID-19 Soft Law in Finland

2021 ◽  
Vol 12 (1) ◽  
pp. 26-44
Author(s):  
Emilia KORKEA-AHO ◽  
Martin SCHEININ
Keyword(s):  
Fundamental Rights ◽  
Soft Law ◽  
Local Authorities ◽  
Governmental Policy ◽  
Cross Border ◽  
The World ◽  
Policy Measures ◽  
Guidelines And Recommendations ◽  
Law Making

In the coronavirus pandemic that has swept the world, the Finnish Government, like many of its peers, has issued policy measures to combat the virus. Many of these measures have been implemented in law, including measures taken under the Emergency Powers Act, or by ministries and regional and local authorities exercising their legal powers. However, some governmental policy measures have been implemented using non-binding guidelines and recommendations. Using border travel recommendations as a case study, this article critically evaluates governmental soft law-making. The debacle over the use of soft law to fight the pandemic in Finland revealed fundamental misunderstandings about the processes and circumstances under which instruments conceived as soft law can be issued, as well as a lack of attention to their effects from a fundamental rights perspective.

scholarly journals Impact of Globalisation on African and Its Implications to Education

2020 ◽  
Vol 1 (1) ◽  
pp. p81
Author(s):  
Titus Ogalo Pacho
Keyword(s):  
Well Being ◽  
African Countries ◽  
Cultural Economic ◽  
Global Society ◽  
The World ◽  
Theoretical Paper ◽  
Environmental Events ◽  
Almost All ◽  
The Impact ◽  
Diverse Cultures

Globalisation is one of the most powerful worldwide forces transforming society. It dominates today’s world as a major driver of change. Globalisation has brought about an agglomeration of cultures, where diverse cultures not only interact but also sometimes clash. It permeates through all spheres of life including the environment, politics, economy, prosperity, culture, religion, education, and human well-being in societies across the globe. The present “villagization” of the world has greatly affected many African countries in almost all aspects of life. It has done so in both positive and negative ways. With the emergence of a global society, social, cultural, economic, political, technological and environmental events in one part of the world quickly come to be significant for people in other parts of the world. This theoretical paper assesses the impact of globalisation for Africa and its implications to education.

scholarly journals A Critical View on Pension Savings in Slovakia

2021 ◽  
Vol 101 (4) ◽  
pp. 370-382
Author(s):  
Jana Špirková ◽  
Martin Dobrovič ◽  
Miroslava Vinczeová
Keyword(s):  
Pension System ◽  
Investment Fund ◽  
Monthly Basis ◽  
Critical View ◽  
Pension Systems ◽  
Administrative Costs ◽  
The World ◽  
Almost All

In almost all countries around the world, pension systems are based on several pillars. This is also the case of Slovakia with its three-pillar pension system. The paper presents a case study underlying the risks that can seriously affect the amount of future pensions. The case study clearly indicates that current pensions in Slovakia paid under all three pillars do not correspond with the expectations from the implementation of the three-pillar pension system. The aim of the paper is to the risks that can seriously affect the amount of future pensions. Our own contribution is the determination of the amount of pension for a specific pensioner specified in the presented case study. Within the saving phase of pension contributions the development of investment fund returns, the amount of future pensioner´s contributions, as well as administrative costs are analyzed on a monthly basis. The payout phase is modelled using actuarial functions applying the mortality tables of Slovakia.

Constitutions and Constitutional Reforms in African Politics

2019 ◽  
Author(s):  
Muna Ndulo
Keyword(s):  
Good Governance ◽  
Political Community ◽  
Second Phase ◽  
African Countries ◽  
Independent State ◽  
Third Phase ◽  
Peaceful Settlement ◽  
The 1960S ◽  
British Colonies ◽  
Constitution Making

Several African countries are currently engaged in the constitution-making process. In Africa, constitution-making usually takes three phases. The first phase took place at independence in the 1960s and was typically led by the colonial power. Constitution-making during this phase was part of the decolonization process. In the case of former British colonies, the independence constitution was British legislation which constituted the independent state. The second phase was from independence to 1989. During this phase, constitution amendments were made to the independence constitutions designed to concentrate power in the presidency. This was the era of authoritarian governments in Africa which culminated into one-party state systems of governance. The third phase, which runs from 1989 to the present, is associated with the worldwide wave of democratization. During this period, constitution-making has centered on rebuilding the political community as well as structures that had been distorted by political manipulation and violence during the era of authoritarian rule. This third phase is also marked by promoting the participation of citizens in the affairs of their own countries and the accountability of governments. A well-designed constitution can promote these objectives. In addition, inclusiveness and peaceful settlement of conflicts can be seen as a vehicle for national dialogue, good governance, and the consolidation of peace.

scholarly journals European influence in ITU-R: the end of an era of dominance?

Info ◽  
2014 ◽  
Vol 16 (4) ◽  
pp. 1-17 ◽  
Author(s):  
Mohamed Ali El-Moghazi ◽  
Jason Whalley ◽  
James Irvine
Keyword(s):  
European Countries ◽  
Current Debate ◽  
Structured Interviews ◽  
Allocation Mechanism ◽  
African Countries ◽  
Content Type ◽  
Key Stakeholders ◽  
The World ◽  
Spectrum Policy

Purpose – The purpose of this paper is to examine the influence of the European countries in Region 1 of the Radio Sector of the International Telecommunications Union (ITU-R). More specifically, the focus is on the World Radiocommunication Conference 2012 meeting to explore whether European influence is in decline. Design/methodology/approach – This article adopts in-depth case study of the 700-MHz issue. Qualitative data are drawn from semi-structured interviews with key stakeholders who participated at the World Radiocommunication Conference 2012 meeting. Findings – This article concludes that the influence of European countries in the ITU-R in Region 1 has changed. The influence of Arab and African countries has increased, with that of European countries declining. However, European countries remain more influential than their African and Arab counterparts. Research limitations/implications – This article sheds light on an often overlooked but pivotal element of the international spectrum allocation mechanism. Originality/value – This article sheds light on important developments in the international spectrum policy that are largely overlooked in the current debate.

scholarly journals Global health Initiatives as a ‘Drunken Boat’: The Meningitis Vaccines Project Case Study

2021 ◽  
Vol 8 (1) ◽  
pp. 1-12
Author(s):  
Oumy Baala Thiongane
Keyword(s):  
Control Programme ◽  
World Health ◽  
African Countries ◽  
Global Health Initiatives ◽  
The World ◽  
Health Initiatives ◽  
Set Up ◽  
Vaccine Shortages ◽  
Disease Control Programme

Based on an analysis of the Meningitis Vaccine Project (MVP), a public-private partnership (PPP) set up to introduce the MenAfriVac® vaccine in African countries, this article examines the failures of an accelerated disease control programme that targeted a highly infectious disease. I argue that the integration of MenAfriVac® into the World Health Organization’s (WHO) Expanded Programme on Immunisation had the effect of reinforcing inequalities in access, in particular during epidemic emergencies. I will also show how vaccine shortages during an outbreak in Niger led to political tensions and to the emergence of a parallel and unregulated ‘black market’ of vaccines.

scholarly journals Pesantren for World Peace (A Case Study in a Pesantren in Jombang)

2020 ◽  
Vol 22 (1) ◽  
pp. 114
Author(s):  
Ali Makhrus ◽  
Rizki Amalia
Keyword(s):  
Social Order ◽  
Document Analysis ◽  
World Peace ◽  
Humanitarian Crisis ◽  
The World ◽  
Radical Ideology ◽  
International Event ◽  
Almost All

<p>The issues of terrorism and radicalism emerge in almost all countries in the world. Acts of violence based on intolerance - religious, cultural, social- bring drastic consequences and often lead to a humanitarian crisis. Hate narratives, drastic changes of social order, poverty, and injustices influence people, especially youth, to be easily attracted by radical ideology. As a result, destructing church and other worship places, even killing non-Muslims become massive agendas held systematically and planned as the name of jihad. The wrong way to understanding Islam supporting peace and tolerance brings extremist people to have a perception that non-Muslim blood is halal. As a country with Muslims as the majority society, Indonesia needs to do comprehensive and systematic agendas to prevent young generations from radical ideology. <em>Pesantrens</em> as a reliable Islamic institution that have played significant roles in promoting peace and tolerance since many years ago need to have innovative ways to promote world peace. This study aimed to explore the role of a Pesantren in Jombang to promote world peace through conducting an international interfaith event namely <em>ASEAN Youth Interfaith Camp </em>involving 94 youths from many countries. This study was qualitative research using interview, observation and document analysis as tools to gather data. This study found that the Pesantren promote world peace through an international event involving credible speakers, and bringing the participants to visit some religious places and meeting various religious adherents. This paper hopefully could be an inspiration for other pesantrens in promoting world peace.</p>

scholarly journals Paving Way for Entrenching the Diaspora’s Voting Rights under the Nigerian Laws: Legal Prospects, Challenges and Potential Solutions

2021 ◽  
Author(s):  
ABBA ELGUJJA
Keyword(s):  
National Development ◽  
Voting Rights ◽  
African Countries ◽  
Constitutional Amendments ◽  
Legal Reforms ◽  
The World ◽  
External Voting ◽  
Nigerian Government ◽  
Right To Vote ◽  
The Right

Diaspora overseas or external voting (hereinafter referred to as diaspora voting), which hinges on the citizen’s universal right to vote, has become popular among modern democracies all over the world. Over a hundred nations have so far adopted overseas or (hereinafter referred to as diaspora voting) with varying scope and/or restriction, if any. Among these countries are nearly thirty African countries that also include all of Nigeria’s immediate neighbours except Cameroun.Currently, the Nigerian laws, including the 1999 Constitution (as amended) and the Electoral Act (2010), do not provide for the right of Nigerians overseas to participate in elections unless they personally present themselves for registration and voting at designated centres in Nigeria.Since Nigeria’s return to democratic government in 1999, there have been persistent calls among Nigerians in the diaspora for law reforms to enable them to exercise their universal right to vote during elections. Since then, various administrations of the Nigerian government have, accordingly, yielded to those calls by setting up an independent dedicated body (Nigerians in Diaspora Commission (NiDCOM)) that is saddled with the responsibility of engaging and mobilising Nigerians in the diaspora as equal partners in national development.Political pundits continue to debate on and attempt to strike a balance between, its desirability and the potential logistical and operational challenges that may result therefrom. However, the overwhelming argument is that, in view of their contribution to Nigerian national development, and the contemporary international trend in the globalised modern democracies, Nigerians in diaspora, as equal citizens, should be allowed to exercise their right to vote just like their peers in similar climes.This article reviewed and found that there are some legal hurdles that have to be tackled along the way, and proffers some constitutional amendments and other legal reforms that are necessary for bringing this lofty concept into fruition.

scholarly journals The Implementation of the Character Education Strengthening (PPK) Movement in the Junior High Schools (SMPN) Kerinci Regency

2021 ◽  
Vol 6 (1) ◽  
pp. 117
Author(s):  
Ahmad Jamin ◽  
Deri Wanto ◽  
Sapriadi Sapriadi
Keyword(s):  
Character Education ◽  
Social Care ◽  
Junior High Schools ◽  
Case Study Approach ◽  
Study Approach ◽  
Qualitative Research Design ◽  
The World ◽  
The Government ◽  
Almost All

The PPK movement launched by the government is a response to the phenomenon of moral decadence/character crisis that occurs in almost all levels and sectors of life, including in the world of education. The PPK movement aims to instill and strengthen the values of the nation's character in the education unit. This study aims to describe the implementation of the PPK movement in the SMPN Kerinci regency by using qualitative research design and case study approach, namely in SMPN 13, SMPN 15, and SMPN 48. Data were collected through observation, unstructured interviews, and documentation. The data collected was then analyzed with Miles and Huberman techniques with data reduction, display, and conclusion drawing stages. The implementation of PPK has been running quite well. It positively impacts strengthening students' character characterized by increased discipline, honesty, responsibility, creativity, social care, and so on. However, the implementation of the PPK movement still has some constraints as teachers do not understand the essence and urgency of the PKK movement comprehensively and completely. In addition to other factors such as inadequate learning facilities and resources and still lack of support from stakeholders and the community.

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