Constitutional Law in 1933–34

1935 ◽  
Vol 29 (1) ◽  
pp. 36-59
Author(s):  
Robert E. Cushman
Keyword(s):  
South Carolina ◽  
Federal Government ◽  
Constitutional Law ◽  
The State ◽  
Police Power ◽  
Market Place ◽  
Excise Taxes ◽  
The Status ◽  
Eighteenth Amendment ◽  
Federal Taxation

Following the repeal of the Eighteenth Amendment, the state of Ohio authorized by statute the creation of a state liquor monopoly, purchased $4,500,000 worth of liquor, and perfected plans for the retailing of it through 187 stores owned and managed by the state. In Ohio v. Helvering, the state sought an injunction to restrain the commissioner of internal revenue from collecting from the state the customary federal excise taxes upon the sale of intoxicating liquors. It alleged the immunity of the state and its instrumentalities from federal taxation and further claimed that the federal taxing statutes were not intended by Congress to apply to the states. The court, speaking through Mr. Justice Sutherland, upheld the collection of the tax, reaffirming the doctrine laid down in 1905 in the South Carolina Dispensary Case. The immunity from federal taxation enjoyed by the states extends only to those agencies and functions which are governmental in character and not to those which are proprietary. “When a state enters the market place seeking customers, it divests itself of its quasi-sovereignty pro tanto, and takes on the character of a trader, so far, at least, as the taxing power of the federal government is concerned.” The Court rejected as “altogether fanciful” the argument that the passage of the Eighteenth Amendment and its later repeal had so altered the status of the liquor traffic that its conduct by the state has become an exercise of the state's police power, and hence a governmental operation immune from federal taxation.

scholarly journals Comparative characteristics of unitarism and federalism: conceptual aspects of theory and practice

2020 ◽  
pp. 87-93
Author(s):  
Oleksandr Batanov
Keyword(s):  
Constitutional Law ◽  
Mutual Influence ◽  
State Power ◽  
The State ◽  
Theory And Practice ◽  
Unitary Theory ◽  
Federal States ◽  
The Status ◽  
Territorial Organization ◽  
State Territory

The aim of the article is a comparative legal study of the essential and substantial characteristics of unitarism and federalism asphenomena of modern constitutional law. The synergetic relationship between the doctrines of modern unitarism or federalism, theprinciples of unitarism or federalism of the state territory and the fundamental institutions of the political, legal and state-administrativelife of modern unitary and federal states is shown. It is proved that the state system is not only one of the important components of theprocess of achieving the tasks, goals and functions of modern states, but also an immanent sign and a strategic element of themechanism for the realization of their sovereign rights.Given the unitarity of the Ukrainian state, special emphasis is placed on the importance of the principles of unitarism in thefunctioning of the constitutional system of Ukraine. The complexity, importance and relatively widespread use of unitarity as a form ofgovernment is causing a lively and ever-growing scientific interest in it throughout the world. The unique ability of unitarism to takeinto account the specific features of a particular condition allows it to manifest itself in each case in a new way. That is why it is importantto analyze the mutual influence of unitary theory and practice, to explore and take into account the peculiarities of national unitarism.The problem of unitarism and the unitary form of the territorial structure of the state and the status of its constituents is one ofthe least studied in domestic constitutional law. Modern representatives of the science of constitutional law, as a rule, are limited to considerationof individual issues of the territory, in particular, the features of the territorial organization of state power and local selfgovernment,problems of state sovereignty, territorial integrity and inviolability, etc. To a large extent, a lack of study of the problemin contemporary Ukraine causes difficulties in understanding such interrelated but not identical phenomena as unitarism and unitarity,regionalism and regionalization, municipalism and municipalization, decentralization and deconcentration, etc. It should be noted thatin modern literature on issues of state territory, territorial organization of state power, and other issues of the status of territory, thecomp lex, multidimensional nature of unitarism as a constitutional category is not always taken into account.It is proved that unitarism and federalism are multidimensional socio-political and constitutional phenomena: these are ideas, andindependent theories and scientific directions, and global social and constitutional practices, and constitutional forms of existence andfunctioning of territorial collectives and regions, and the historical state of statehood, and forms of realization of national identity andcitizenship, etc.

scholarly journals THE PARADIGM OF CONTEMPORARY UNITARISM IN UKRAINE: ISSUES OF FORMATION AND IMPLEMENTATION

2021 ◽  
pp. 78-89
Author(s):  
Oleksandr Batanov
Keyword(s):  
Constitutional Law ◽  
Mutual Influence ◽  
State Power ◽  
The State ◽  
Theory And Practice ◽  
Unitary Theory ◽  
Civic Consciousness ◽  
The Status ◽  
Territorial Organization ◽  
State Territory

Aim. The article aims to investigate the essential and content characteristics of unitarism as a phenomenon of contemporary constitutional law. The synergistic connection between the doctrine of modern unitarism, the principles of unitarity of the state territory and the fundamental institutions of political-legal and state-administrative life of modern unitary states is shown. It proves that the unitary system is not only one of the important components of the process of accomplishing the tasks, goals and functions of most modern states, but also an immanent feature and strategic element of the mechanism of exercising their sovereign rights. Methods. The methodological basis encompasses philosophico-ideological, general scientific principles and approaches and special scientific methods of inquiry for constitutional and legal phenomena and processes. The philosophico-ideological basis of the study is the position of dialectics, on the basis of which the causes and factors of the evolution of unitarism are thoroughly investigated. In general, the research was conducted on the basis of a combination of ontological, epistemological and axiological analysis of contemporary unitarism. Results. The complexity, importance and relatively widespread use of unitarity as a form of government is causing a lively and ever-growing scientific interest in it throughout the world. The unique capability of unitarism to take into account the specific features of a particular condition allows it to manifest itself in each case in a new way. That is why it is important to analyze the mutual influence of unitary theory and practice, to explore and take into account the peculiarities of national unitarism. The problem of unitarism and the unitary form of the territorial structure of the state and the status of its constituents is one of the least studied in domestic constitutional law. Modern scholars studying constitutional law, as a rule, are limited to consideration of individual issues of the territory, in particular, the features of the territorial organization of state power and local self-government, problems of state sovereignty, territorial integrity and inviolability, etc. To a large extent, the problem has not been studied exhaustively in contemporary Ukraine which causes difficulties in understanding such interrelated but not identical phenomena as unitarism and unitarity, regionalism and regionalization, municipalism and municipalization, decentralization and deconcentration, etc. It should be noted that in modern literature related to problems of state territory, territorial organization of state power, and other issues of the status of territory, the complex, multidimensional nature of unitarism, as a constitutional category, is not always taken into account. Conclusions. Unitarism is proved to be a multidimensional socio-political and constitutional phenomenon: it is an idea, a theory, a scientific direction as well as a global social constitutional practice and a constitutional form of the existence and functioning of territorial communities, it is the historical condition of national statehood and Ukrainian regional civilization and the form of realization of the national identity and civic consciousness, etc.

scholarly journals Conceptual Problems of Modern Unitarianism

2020 ◽  
pp. 87-92
Author(s):  
Oleksandr Batanov
Keyword(s):  
Constitutional Law ◽  
Mutual Influence ◽  
State Power ◽  
The State ◽  
Theory And Practice ◽  
Unitary Theory ◽  
The Status ◽  
Territorial Organization ◽  
Strategic Element ◽  
State Territory

The aim of the article is to study the essential and substantial characteristics of unitarism as a phenomenon of modern constitutional law. The synergistic connection between the doctrine of modern unitarism, the principles of unitarity of the state territory and the fundamental institutions of political-legal and state-administrative life of modern unitary states is shown. It proves that the unitary system is not only one of the important components of the process of achieving the tasks, goals and functions of most modern states, but also an immanent feature and strategic element of the mechanism of exercising their sovereign rights. The complexity, importance and relatively widespread use of unitarity as a form of government is causing a lively and ever-growing scientific interest in it throughout the world. The unique ability of Unitarianism to take into account the specific features of a particular condition allows it to manifest itself in each case in a new way. That is why it is important to analyze the mutual influence of unitary theory and practice, to explore and take into account the peculiarities of national unitarism. The problem of unitarism and the unitary form of the territorial structure of the state and the status of its constituents is one of the least studied in domestic constitutional law. Modern representatives of the science of constitutional law, as a rule, are limited to consideration of individual issues of the territory, in particular, the features of the territorial organization of state power and local self-government, problems of state sovereignty, territorial integrity and inviolability, etc. To a large extent, a lack of study of the problem in contemporary Ukraine causes difficulties in understanding such interrelated but not identical phenomena as unitarism and unitarity, regionalism and regionalization, municipalism and municipalization, decentralization and deconcentration, etc. It should be noted that in modern literature on issues of state territory, territorial organization of state power, and other issues of the status of territory, the complex, multidimensional nature of unitarianism as a constitutional category is not always taken into account. Unitarianism is proved to be a multidimensional socio-political and constitutional phenomenon: it is an idea, a theory, a scientific direction, and a global social and constitutional practice, and a constitutional form of the existence and functioning of territorial communities, and the historical state of national statehood and Ukrainian regional civilization. and the form of realization of national identity and citizenship, etc.

National Report for Mexico

2013 ◽  
Author(s):  
Carlos Sánchez-Mejorada y Velasco
Keyword(s):  
Constitutional Law ◽  
Common Law ◽  
Civil Law ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Profit Motive ◽  
Private Law ◽  
Commercial Law ◽  
The Status

In civil law systems, such as Mexico, a distinction is made between civil law (‘derecho civil’) and commercial law (‘derecho mercantil’), which can be confusing to persons unfamiliar with the system. As is the case in common law jurisdictions, law in civil law systems can be divided into public law and private law, the latter being those laws that govern relationships between and among private parties, regarding which the state functions more as a ‘supervisor’ or an ‘umpire’ than as an authority. Public law would include constitutional law, administrative law, etc. In turn, private law comprises civil law, ie those rules governing the status, rights, and obligations of the residents of the state as persons, their property, their estates, their obligations, and their contracts; and commercial law, those rules governing all acts of the residents of the state that have a profit motive, which in Mexico—as well as in other jurisdictions—are called ‘acts of commerce’ (‘actos de comercio’).

Herstellung gleichwertiger Lebensverhältnisse – ein Verfassungsgebot?

Der Staat ◽  
2020 ◽  
Vol 59 (4) ◽  
pp. 545-576
Author(s):  
Stefan Lenz
Keyword(s):  
Federal Government ◽  
Constitutional Law ◽  
Journal Article ◽  
Political Process ◽  
Living Conditions ◽  
The State ◽  
The Political ◽  
Basic Law ◽  
Gleichwertige Lebensverhältnisse ◽  
Political Demand

Die Herstellung gleichwertiger Lebensverhältnisse ist zu einer allgegenwärtigen politischen Forderung avanciert. Die Bundesregierung berief eine Kommission „Gleichwertige Lebensverhältnisse“, der Bund und einige Länder gründeten Heimatministerien. Verbreitet ist die Annahme, das Grundgesetz verpflichte den Staat auf die Herstellung gleichwertiger Lebensverhältnisse. Dieser Beitrag begibt sich auf die Suche nach einer solchen Staatszielbestimmung. Dabei wird er nicht fündig: weder in Art. 72 II GG noch im Bundesstaats- oder im Sozialstaatsprinzip noch unter angeblich mitgeregelten Verfassungsvoraussetzungen. Schließlich erhebt der Beitrag verfassungspolitische Bedenken gegen Staatszielbestimmungen im Allgemeinen und eine Staatszielbestimmung „Gleichwertige Lebensverhältnisse“ im Besonderen. Der politische Prozess kann und muss frei entscheiden, ob und wie der Staat auf die Gleichwertigkeit der Lebensverhältnisse hinarbeitet. Creating equivalent living conditions throughout Germany became an ubiquitous political demand. The Federal Government appointed a commission „Equivalent living conditions“ and as well as some Länder established a ministry of homeland. According to a widespread assumption, the Basic Law obliges the state to create equivalent living conditions. This journal article is looking for such a national objective in the Basic Law. The search fails. The alleged objective can neither be found in article 72 of the Basic Law nor in constitutional principles or among constitutional preconditions, which are supposed to be positivized. Finally, this article raises doubts against national objectives in constitutional law in general and the suggested objective „Equivalent living conditions“ in particular. The political process can and should decide freely, whether and by which means the state should work towards equivalent living conditions.

OPERATIONAL STATE OF BRIDGES OF UKRAINE

2019 ◽  
pp. 57-68
Author(s):  
Larysa Bodnar ◽  
Petro Koval ◽  
Sergii Stepanov ◽  
Liudmyla Panibratets
Keyword(s):  
Management System ◽  
The State ◽  
Operating Conditions ◽  
Bridge Management ◽  
Bridge Management System ◽  
Program Complex ◽  
Operating Condition ◽  
Software Complex ◽  
Automatic Mode ◽  
The Status

A significant part of Ukrainian bridges on public roads is operated for more than 30 years (94 %). At the same time, the traffic volume and the weight of vehicles has increased significantly. Insufficient level of bridges maintenance funding leads to the deterioration of their technical state. The ways to ensure reliable and safe operation of bridges are considered. The procedure for determining the predicted operational status of the elements and the bridge in general, which has a scientific novelty, is proposed. In the software complex, Analytical Expert Bridges Management System (AESUM), is a function that allows tracking the changes in the operational status of bridges both in Ukraine and in each region separately. The given algorithm of the procedure for determining the predicted state of the bridge using a degradation model is described using the Nassie-Schneidermann diagram. The model of the degradation of the bridge performance which is adopted in Ukraine as a normative one, and the algorithm for its adaptation to the AESUM program complex with the function to ensure the probabilistic predicted operating condition of the bridges in the automatic mode is presented. This makes it possible, even in case of unsatisfactory performance of surveys, to have the predicted lifetime of bridges at the required time. For each bridge element it is possible to determine the residual time of operation that will allow predict the state of the elements of the structure for a certain period of time in the future. Significant interest for specialists calls for the approaches to the development of orientated perspective plans for bridge inspection and monitoring of changes in the operational status of bridges for 2009-2018 in Ukraine. For the analysis of the state of the bridge economy, the information is available on the distribution of bridges by operating state related to the administrative significance of roads, by road categories and by materials of the structures. Determining the operating state of the bridge is an important condition for making the qualified decisions as regards its maintenance. The Analytical Expert Bridges Management System (AESUM) which is implemented in Ukraine, stores the data on the monitoring the status of bridges and performs the necessary procedures to maintain them in a reliable and safe operating condition. An important result of the work is the ability to determine the distribution of bridges on the public roads of Ukraine, according to operating conditions established in the program complex of AESUM, which is presented in accordance with the data of the current year. In conditions of limited funding and in case of unsatisfactory performance of surveys, it is possible to make the reasonable management decisions regarding the repair and the reconstruction of bridges. Keywords: bridge management system, operating condition, predicted operating condition, model of degradation, bridge survey plan, highway bridge.

Varied Responses to Human-Induced Seismicity in the City of Azle, Texas

2019 ◽  
Vol 3 (1) ◽  
pp. 1-8
Author(s):  
Sarmistha R. Majumdar
Keyword(s):  
State Government ◽  
Induced Seismicity ◽  
Oil And Gas ◽  
The United States ◽  
The State ◽  
Prior History ◽  
Small Community ◽  
Regulatory Policies ◽  
The Status

Fracking has helped to usher in an era of energy abundance in the United States. This advanced drilling procedure has helped the nation to attain the status of the largest producer of crude oil and natural gas in the world, but some of its negative externalities, such as human-induced seismicity, can no longer be ignored. The occurrence of earthquakes in communities located at proximity to disposal wells with no prior history of seismicity has shocked residents and have caused damages to properties. It has evoked individuals’ resentment against the practice of injection of fracking’s wastewater under pressure into underground disposal wells. Though the oil and gas companies have denied the existence of a link between such a practice and earthquakes and the local and state governments have delayed their responses to the unforeseen seismic events, the issue has gained in prominence among researchers, affected community residents, and the media. This case study has offered a glimpse into the varied responses of stakeholders to human-induced seismicity in a small city in the state of Texas. It is evident from this case study that although individuals’ complaints and protests from a small community may not be successful in bringing about statewide changes in regulatory policies on disposal of fracking’s wastewater, they can add to the public pressure on the state government to do something to address the problem in a state that supports fracking.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

The position of the State in the international system from the perspective of major schools of thought in international relations

2019 ◽  
pp. 79
Author(s):  
Salah Hassan Mohammed ◽  
Mahaa Ahmed Al-Mawla
Keyword(s):  
International Relations ◽  
International Politics ◽  
International System ◽  
International Order ◽  
The State ◽  
Point Of View ◽  
The Status ◽  
Future Vision

The Study is based on the state as one of the main pillars in international politics. In additions, it tackles its position in the international order from the major schools perspectives in international relations, Especially, these schools differ in the status and priorities of the state according to its priorities, also, each scholar has a different point of view. The research is dedicated to providing a future vision of the state's position in the international order in which based on the vision of the major schools in international relations.

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