California Flood Control Projects and the Common Enemy Doctrine: Water Rights. Eminent Domain. California Supreme Court Reviews Disputed Question of Whether State Liability for Damage from Flood Control Projects Is Controlled by Police Power or Common Enemy Doctrines

1951 ◽  
Vol 3 (2) ◽  
pp. 361
Keyword(s):  
Supreme Court ◽  
Flood Control ◽  
Water Rights ◽  
Eminent Domain ◽  
Police Power ◽  
Common Enemy ◽  
The Common ◽  
State Liability

O ENSINO RELIGIOSO EM QUESTÃO

2018 ◽  
Vol 9 (21) ◽  
pp. 459
Author(s):  
Mauro Rocha Baptista
Keyword(s):  
Supreme Court ◽  
Religious Education ◽  
Common Core ◽  
Historical Perspective ◽  
National Curriculum ◽  
The Other ◽  
Federal Constitution ◽  
The Supreme Court ◽  
The Common

Neste artigo analisamos a relação do Ensino Religioso com a sua evolução ao longo do contexto recente do Brasil para compreender a posição do Supremo Tribunal Federal ao considerar a possibilidade do Ensino Religioso confessional. Inicialmente apresentaremos a perspectiva legislativa criada com a constituição de 1988 e seus desdobramentos nas indicações curriculares. Neste contexto é frisado a intenção de incluir o Ensino Religioso na Base Nacional Curricular Comum, o que acabou não acontecendo. A tendência manifesta nas duas primeiras versões da BNCC era de um Ensino Religioso não-confessional. Uma tendência que demarcava a função do Ensino Religioso em debater a religião, mas que não permitia o direcionamento por uma vertente religioso qualquer. Esta posição se mostrava uma evolução da primeira perspectiva histórica mais associada à catequese confessional. Assim como também ultrapassava a interpretação posterior de um ecumenismo interconfessional, que mantinha a superioridade do cristianismo ante as demais religiões. Sendo assim, neste artigo, adotaremos o argumento de que a decisão do STF, de seis votos contra cinco, acaba retrocedendo ante o que nos parecia um caminho muito mais frutífero.Palavras-chave: Ensino Religioso. Supremo Tribunal Federal. Confessional. Interconfessional. Não-confessional.Abstract: On this article, we analyze the relation between Religious education and its evolution along the currently Brazilian context in order to understand the position of the Supreme Court in considering the possibility of a confessional Religious education. Firstly, we are going to present the legislative perspective created with the 1988 Federal Constitution and its impacts in the curricular lines. On this context it was highlighted the intention to include the Religious Education on the Common Core National Curriculum (CCNC), which did not really happened. The tendency manifested in the first two versions of the CCNC was of a non-confessional Religious Education. A tendency that delineated the function of the Religious Education as debating religion, but not giving direction on any religious side. This position was an evolution of the first historical perspective more associated to the confessional catechesis. It also went beyond the former interpretation of an inter-confessional ecumenism, which kept the superiority of the Christianity over the other religions. As such, in this paper we adopt the argument that the decision of the Supreme Court, of six votes against five, is a reversal of what seemed to be a much more productive path on the Religious Education.Keywords: Religious Education. Brazilian Supreme Court. Confessional. Inter-confessional. Non- confessional.Enviado: 23-01-2018 - Aprovado e publicado: 12-2018

Collective action and the common enemy effect

2014 ◽  
Vol 27 (5) ◽  
pp. 644-664 ◽  
Author(s):  
Kris De Jaegher ◽  
Britta Hoyer
Keyword(s):  
Collective Action ◽  
Common Enemy ◽  
The Common

William III and his two navies

1989 ◽  
Vol 43 (2) ◽  
pp. 117-132
Keyword(s):  
Turning Point ◽  
Short Interval ◽  
17Th Century ◽  
Dutch Republic ◽  
Glorious Revolution ◽  
Combined Operations ◽  
Common Enemy ◽  
The Common ◽  
William Iii ◽  
The Glorious Revolution

Soon after his accession to the English throne William’s two navies started combined operations against the common enemy France. The Nine Years War had broken out, and this was followed after a short interval by the War of the Spanish Succession. Combined naval operations by two allies were nothing uncommon in those days. Anglo- French fleets had fought the Dutch in no fewer than four fierce battles in 1672 and 1673. French and Dutch squadrons had cooperated against the English Navy in 1666, and much earlier in 1596 and 16252727 Anglo- Dutch fleets jointly attacked Spanish ports (1). In these examples cooperation never lasted long nor was it very close. Problems concerning the command structure were seldom satisfactorily solved. Allies regularly changed sides during the 17th century. The Glorious Revolution, however, can be treated as a turning point. England became involved in a generations-long struggle against France. The Dutch Republic under William III had already started to fight Louis XIV’s urge for expansion, more than 15 years earlier. Both countries almost became traditional allies. Right from the beginning in 1689 detailed arrangements were made for naval cooperation, long-standing ones as later developments showed.

Zambia's Second Republic —the Establishment of a One-Party State

1974 ◽  
Vol 12 (2) ◽  
pp. 231-244 ◽  
Author(s):  
Jan Pettman
Keyword(s):  
Political Development ◽  
Political System ◽  
The State ◽  
Second Republic ◽  
National Unity ◽  
Common Enemy ◽  
The Common ◽  
The Government ◽  
The Stability ◽  
Party State

Zambia inherited a system of government and administration in 1964 which was ill-suited to the tasks of political development to which her new leaders were dedicated. What little national unity and mobilisation had been achieved in the independence struggle declined with the removal of the common enemy. The Government rested on a fragile base, without the support of agreed rules and practices to limit and contain conflict, and without adequate instruments available for the implementation of its policies. So the search began for a more suitable political system, which could cope with the new needs of independence, and provide for the stability of the state and the survival of the Government.

scholarly journals SKUTKI PRAWNE ORZECZEŃ TRYBUNAŁU KONSTYTUCYJNEGO W UJĘCIU CZASOWYM

2017 ◽  
Vol 3 (2) ◽  
pp. 313
Author(s):  
Roman Trzaskowski
Keyword(s):  
Supreme Court ◽  
Practical Importance ◽  
Civil Law ◽  
Main Question ◽  
Time Effects ◽  
Area Of Interest ◽  
Retroactive Effect ◽  
The Supreme Court ◽  
Constitutional Tribunal ◽  
The Common

Effects of Constitutional Tribunal’s Judgments in the Time PerspectiveSummaryThe problem of the time effects of the Constitutional Tribunal’s rulings remain within the area of interest of both constitutional and civil law scholars. It is widely discussed because of its enormous practical importance: more and more often the common courts and the Supreme Court have to deal with the laws which have been declared unconstitutional.The main question is whether the courts should apply the unconstitutional law while deciding on a case in which legally significant events had taken place before the law was declared null and void.The Polish Constitution does not give a clear answer to this question. The most important provisions seem to be contradictory, which makes it possible to use them as arguments for opposing positions.The scholars’ opinions differ significantly: some of them, followed by the Supreme Court, accept the so-called „retrospective” effect (the unconstitutional law cannot by applied), the others, together with the Constitutional Tribunal, take the opposite view. A few try to find a compromise.The proposition presented in this paper is to be classified as belonging to the third group.Indeed it seems that there is a need for a flexible approach. The time effects of a ruling shall be expressly stated by the Constitutional Tribunal. When the Tribunal fails to do so, the common courts have to asses themselves the rulings’ effects, being guided, among other things, by the principles of the civil law. There are strong arguments that the Constitution seems to favor the retroactive effect, yet it is not decisive. There are certainly situations, where a prospecitve effect shall be accepted: ultimately it is a question of balancing different constitutional and civil law values. 

scholarly journals Non-Positivist ‘Higher Norms’ and ‘Formal’ Positivism: Interpretation of the Ethiopian Criminal Law

2020 ◽  
Vol 14 (1) ◽  
pp. 85-118
Author(s):  
Simeneh Kiros Assefa
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Criminal Law ◽  
Common Good ◽  
Legal Theory ◽  
Fundamental Rights ◽  
The Common Good ◽  
The Supreme Court ◽  
The Common

The criminal law is adopted as a means of achieving the common good; it is interpreted and applied by the court. The judge chooses the type of legal theory and method to employ in the interpretation and application of the criminal law. Such theories may be acquired from higher norms or from the decision of the Supreme Court. Because such choice of theory and method determines the outcome of the case, the judge is also expected to be guided by the doctrines in criminal law inspired by the values of rule of law and respect for fundamental rights, enshrined in the Constitution. This article examines how courts harmonise the application of the positive criminal law with the non-positivist theories of higher norms. After reviewing various criminal rules and their judicial application, it finds that the court applies the criminal law as it is written in disregard of the non-positivist theories of higher norms, at times in contradiction to the basic doctrines of the criminal law itself.

Knowing Habeas Corpus When You See It

2018 ◽  
pp. 9-11
Author(s):  
Eric M. Freedman
Keyword(s):  
Supreme Court ◽  
Common Law ◽  
Habeas Corpus ◽  
The Supreme Court ◽  
The Common ◽  
The Government ◽  
Enemy Combatant

Viewing habeas corpus through a legal lens frequently misleads. The common law “rule” against controverting the return to writs of habeas corpus was commonly evaded through devices permitting judicial examination of the underlying facts and law. In many cases concluding “writ denied,” the prisoner in fact obtained “habeas corpus without the writ.” Failure to understand this explains why the Fourth Circuit performed so badly in rejecting the challenge of Yaser Hamdi to his detention as an enemy combatant. The Supreme Court very properly reversed that decision in Hamdi v. Rumsfeld (2004), resulting in the prisoner’s speedy release when the government was confronted with having to actually prove in court the claims it had made on paper.

"China's Chernobyl": COVID-19 Narratives of Collapse and Global Domination

2021 ◽  
Vol 94 (4) ◽  
pp. 683-706
Author(s):  
Barry Sautman
Keyword(s):  
Empirical Basis ◽  
Yellow Peril ◽  
Common Enemy ◽  
The Us ◽  
The World ◽  
Biological Pollution ◽  
The Common ◽  
Wish Fulfillment ◽  
Party State

In COVID-19's first months, US politicians and media forecast that a contrast between Chinese deception and incapability and Western success against the pandemic might fatally sink internal confidence in China's party-state. They also predicted that it would diminish China externally, as it came to be seen as endangering the world by spreading biological pollution. A "China's Chernobyl" prediction became the latest "China collapse" wish-fulfillment. This speculation rests on two contradictory yet co-existing Yellow Peril tropes: "deceit and incompetence" and "world domination." However, no empirical basis exists for either notion: China prevailed against the pandemic and lacks the capacity for global hegemony. "China's Chernobyl" is most relevant then as a wish that creates a belief, that China should and could collapse. That in turn bolsters the US-led mobilization to counter China as a "strong competitor" and frames China as the common enemy, thereby promoting Western transnational and US internal cohesion.

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