Voters' Rights and Parties' Wrongs: Early Political Party Regulation in the State Courts, 1886-1915

2000 ◽  
Vol 100 (3) ◽  
pp. 873 ◽  
Author(s):  
Adam Winkler
Keyword(s):  
Political Party ◽  
The State ◽  
State Courts

PANCASILA DAN IDENTITAS KE-INDONESIA-AN: Sebuah Catatan Krisis

2018 ◽  
Vol 16 (2) ◽  
pp. 43
Author(s):  
Muchid Albintani
Keyword(s):  
Political Party ◽  
Direct Democracy ◽  
Identity Crisis ◽  
The State ◽  
The Future ◽  
Electoral Regime ◽  
National Consensus

The term there is no legislation under development of Pancasila as the basis of the state, but theposition of Pancasila is unshakeable. The anti-Pancasila attitude must also be anti-diversity that can live as a nation and a state [national crises]. Without affirmation or not in the legislation, Pancasila is the ‘foundation and ideology of the state’. Based on the fact that there is irrelevant when the question arises, whether Pancasila is still needed as the basis of state and nation, or is Pancasila still needed as a source of national law that explicitly needs to be affirmed into the1945 Constitution and the sanctions of Pancasila tabulatively? This paper is an assertion of [reinforcement] of the Pencasila as an ideology into the 1945 Constitution or not, highly dependent on the winning electoral regime and the ‘election-winning political party’. Pancasila as ‘the foundation and ideology of the state’ becomes the determinant of ‘as close as the regime of the results of the practice of direct democracy’. Therefore, the affirmation of the essentials in building a lasting and harmonious life of fellow children of the nation in the future. Recognizing the reintroduction of the Indonesia’s identity of essence of Pancasila as the ideology of nation and state is based on ‘national consensus’. This awareness is resilient, so that a country that has been established for more than 73 years does not experience an identity crisis. 

Justice without the State within the State

2016 ◽  
Keyword(s):  
Conflict Resolution ◽  
North America ◽  
Self Regulation ◽  
Social Groups ◽  
17Th Century ◽  
The State ◽  
Global Perspective ◽  
State Courts ◽  
History Of ◽  
Research Questions

History of justice is not only the history of state justice. Rather, we often deal with a coexistence of state, parastatal and non-state courts. Interesting research questions emerge out of this constellation: Where are notions of just conflict resolution most likely to be enforceable? To what extent is non-state jurisdiction a mode of self-regulation of social groups who define themselves by means of ethnic, religious or functional criteria? How do state and non-state ambitions interact? This collective volume contains contributions exploring non-state and parastatal justice between the 17th century and the present in Europe, Asia, North America as well as from a global perspective.

scholarly journals THE OPAQUE PORTRAIT OF CORRUPTION ERADICATION

2016 ◽  
Vol 1 (1) ◽  
pp. 44-54
Author(s):  
Marwan Mas
Keyword(s):  
Political Party ◽  
The State ◽  
Civil Servants ◽  
Deterrent Effect ◽  
Power Elite ◽  
Important Thing ◽  
New Generation

The war against corruption should not only by exposing the various cases of corruption, but the most important thing is to punish the corrupt in an extraordinary way to have a deterrent effect and not replicable by potential criminals that have been queued. Corruption is more structured and systematic, from the center to the regions. In fact, gave birth to a new generation of fat accounts with the discovery of a number of civil servants who are still young. Stop the robbery of money the state cannot just with rhetoric, let alone just a call that seemed hot chicken droppings. Blurred portrait of corruption is characterized by a large number of cases the defendant is acquitted of corruption Anticorruption Court. Similarly, many major cases involving alleged power elite and the ruling political party that is not completed, such as the Bank Century case, the case Hambalang project, as well as allegations of corruption Pensions SEA Games athletes

Judicial Review

2021 ◽  
pp. 31-68
Author(s):  
Jeffrey S. Sutton
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
The State ◽  
State Courts ◽  
Court Case ◽  
State Laws ◽  
State Constitutions ◽  
The Us ◽  
Us Supreme Court ◽  
Us Constitution

The conventional account of judicial review starts with a US Supreme Court case, Marbury v. Madison. But judicial review in truth starts with the state courts and the state constitutions, not the US Supreme Court and the US Constitution. Before the US Constitution existed, the state courts established American judicial review and were the first courts to wrestle with the complexities of exercising it. Judicial review also is foremost a structural story, not an individual-rights story. The delegation of power to the judiciary to decide the meaning of our constitutions laid the groundwork for the growth in power of American courts—especially the federal courts, which have become the go-to answer for so many who-decides questions in American government over the last seventy-five years. This chapter begins a search for insights in resolving the dilemma of judicial review by looking at how the state courts innovated the concept and the ways they initially practiced it. It shows that the early state courts were deferential to the democratic branches of government. They rarely invalidated state laws and did so only when these laws violated a clear constitutional rule. That approach offers lessons for federal and state courts alike.

scholarly journals The Work Product Doctrine in the State Courts

1964 ◽  
Vol 62 (7) ◽  
pp. 1199
Author(s):  
John S. Holbrook
Keyword(s):  
The State ◽  
State Courts

Hegemonic Political Regimes in Africa

2019 ◽  
Author(s):  
Joshua B. Rubongoya
Keyword(s):  
Decision Making ◽  
Political Party ◽  
Political Legitimacy ◽  
The State ◽  
Political Organization ◽  
Political Regimes ◽  
Client Relationships ◽  
Bureaucratic Institutions ◽  
And Control ◽  
Over Time

Hegemonic political regimes in Africa reflect the continent’s political history, in particular, its colonial past and postcolonial present. Hegemony is primarily a reference to the nature and character of specific modes of power. Political hegemony denotes prolonged, unchecked dominance and control, often by a dominant political party that comprises a section of the ruling coalition. On the continent, regime hegemony is embedded in neo-patrimonial structures of power. It is the outcome of (a) African patrimonial logics and Western bureaucratic institutions and (b) complex networks of patron–client relationships along with resource allocations which form the basis of political legitimacy. As well, the struggles for independence bequeathed a “movement legacy” that continues to frame political organization. African discourses regarding the exercise of power address hegemony in the context of statist–corporatist regimes which, by definition, concentrate power in the state by closing political spaces and promulgating self-serving ideologies, both of which produce unchallenged social realities. Paradoxically, the state is deinstitutionalized, power is personalized, and informality underpins decision making. In deconstructing hegemony in Africa, emphasis is placed on how three key tensions that distinguish hegemony from democracy are resolved. Hegemonies diminish consent in favor of effectiveness, opt for consensus at the expense of participation and competition, and subordinate representation to governability. The consequence of all this is that African polities struggle in sustaining a governance realm that is rooted in consent, competition, and representation. Finally, the nature and character of political hegemony among African polities vary and mutate over time, from independence to the late second decade of the 21st century.

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