Constitutional Law. Powers of the Executive. Martial Law. Absence of Military Force

1922 ◽  
Vol 35 (3) ◽  
pp. 338
Keyword(s):  
Constitutional Law ◽  
Military Force ◽  
Martial Law

The Economic Origins of the Noskepolitik

1994 ◽  
Vol 27 (1) ◽  
pp. 65-86
Author(s):  
William Carl Mathews
Keyword(s):  
Armed Forces ◽  
Military Force ◽  
Right Wing ◽  
Martial Law ◽  
Social Democrats ◽  
The Social ◽  
Revolutionary Violence ◽  
The Republic ◽  
Very High ◽  
Rosa Luxemburg

On 29 December 1918 Gustav Noske was appointed as a People's Commissar and charged with command of the armed forces in Germany. Within days Noske was confronted with an armed in surrection in Berlin, the so-called Spartacist Uprising, and subsequent revolutionary outbreaks in Bremen, Braunschweig, and the Ruhr, where sympathy for the events in Berlin existed. Relying on volunteer units, the Free Corps (drawn from war veterans, students, and the middle classes), Noske developed a powerful army on which he could rely to suppress the revolutionary violence from the Left. Using military force and martial law, he reestablished order throughout Germany in 1919 and 1920. The results of the so-called Noskepolitik were at best mixed. Mass movements based on the councils (Räte), often identified as “bolshevism’ by Noske and his contemporaries, were indeed suppressed, but the price was very high: counterrevolution and right-wing terror developed to the point that massive protests were provoked among wide segments of the working class. Bloodshed ensued, including the political murders of Rosa Luxemburg and Karl Liebknecht by members of the Free Corps. Many workers became alienated from the newly formed Weimar Republic, while the Reichswehr drifted into hostility toward the young democracy, and some units joined in the Kapp-Lüttwitz Putsch in March 1920. Noske, already under serious criticism from his own party, the Social Democrats, was forced to resign because of his inability to control the army and guarantee its loyalty to the Republic.

Constitutional Law: Due Process: Martial Law

1933 ◽  
Vol 31 (7) ◽  
pp. 988
Author(s):  
E. D. O'B.
Keyword(s):  
Constitutional Law ◽  
Due Process ◽  
Martial Law

scholarly journals Convention for the Protection of Human Rights and Fundamental Freedoms as a source of the constitutional law of Ukraine

2021 ◽  
Vol 1 (12) ◽  
pp. 7-18
Author(s):  
Rebkalo M.M. ◽  
◽  
Oliinyk V.S. ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Constitutional Law ◽  
European Convention ◽  
Constitutional Court ◽  
Council Of Europe ◽  
Martial Law ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights

In the recent period of Ukrainian history, scholars pay attention to the discussion of the relationship between Ukrainian constitutional law and the Convention for the Protection of Human Rights and Fundamental Freedoms and the place of rulings and decisions of the European Court of Human Rights in the legal system of Ukraine. The analysis of the provisions of the European Convention on Human Rights and current Ukrainian legislation is made in the article. It is made in order to determine the impact of this act of the Council of Europe on the constitutional law of Ukraine. It is noted that the Convention plays an important role in the process of protection of human rights and freedoms in Ukraine and has an impact on the implementation of the rule of law, which relate to individual’s constitutional status. It is noted that the European Convention significantly increases the level of the effectiveness of constitutional human rights legislation. The role of the European Convention for the Protection of Human Rights and the European Court of Human Rights in the formation and activity of the Constitutional Court of Ukraine has been determined. The thesis that within the ratio of the Convention and Ukrainian law, the supremacy of the latter within the national legal system does not eliminate the need to comply with international obligations is substantiated in the article. The grounds for restricting human and civil rights and freedoms in accordance with the requirements of the European Convention for the Protection of Human Rights and the constitutional legislation of Ukraine are considered in the article. In order to ensure national security, the restriction of human and civil rights and freedoms in a state of martial law and emergency is analyzed. By introducing martial law and a state of emergency, it is possible to concentrate temporarily all the levers of control over the individual’s status by coercive means within the framework of official power. The conclusion that the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights have had a significant impact on the formation and development of human and civil rights and freedoms as basic, value priorities of the constitutional law of Ukraine is substantiated in the article. Key words: constitutional law, sources of law, Council of Europe, Constitution of Ukraine, Constitutional Court of Ukraine, Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights.

Oil

2018 ◽  
Author(s):  
Lucas A. Powe
Keyword(s):  
United States ◽  
Twentieth Century ◽  
Property Rights ◽  
Natural Resources ◽  
Supreme Court ◽  
Constitutional Law ◽  
Oil Fields ◽  
Martial Law ◽  
The Supreme Court ◽  
Mineral Rights

This chapter discusses the legal battles over oil and mineral rights in Texas. In the first half of the twentieth century the discoveries of mass oil fields boosted the Texas economy. With oil at three dollars per barrel, Texas voters, in a 1917 addition to the state constitution, gave the legislature the power to pass all necessary legislation to conserve and develop the state's natural resources. In 1931, Texas Governor Ross Sterling declared martial law. Eugene Constantin filed a lawsuit, claiming an unconstitutional interference with his property rights. The chapter examines this case, Sterling v. Constantin, and three important legal events that occurred affecting Texas oil by the time the Supreme Court heard arguments for it. It also considers the significance of Sterling v. Constantin for constitutional law. Finally, it analyzes two other cases, Panama Refining v. Ryan and United States v. Texas.

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