The Constitutional Position of the Partito Nazionale Fascista

1937 ◽  
Vol 31 (2) ◽  
pp. 227-242
Author(s):  
H. Arthur Steiner
Keyword(s):  
Communist Party ◽  
The State ◽  
Constitutional Theory ◽  
Nazi Regime ◽  
The Public ◽  
The Law ◽  
The One ◽  
Definition Of ◽  
The Right ◽  
Indirect Reference

In the one-party states, of which the U.S.S.R., Germany, and Italy may be taken as the best examples, the definition of relationships between the party and the state has presented a major problem of constitutional theory. No two of these states have solved the problem in the same way. The C.P.S.U., engineering the dictatorship of the proletariat, depends upon methods which are constitutionally indirect. Only in the Commission for Soviet Control is there a constitutionalized inter-relationship between the mechanisms of the party and the state; for the rest, the party relies upon its political discipline over the public personnel. Indirect reference to the Communist party is contained in the new Soviet constitution, in the guarantee to citizens of the right of “uniting in the Communist party of the U.S.S.R.,” and in the incorporation of the hammer and sickle and the slogan of the party into the emblem of the state. On the other hand, the Nazi régime in Germany prohibited the formation of other parties than the N.S.D.A.P. by the law of July 14, 1933, and, by the law of December 1, 1933, proclaimed the formal union of the party and the state.

Grotius and the Origin of the Ruler's Right to Punish

Grotiana ◽  
2007 ◽  
Vol 26 (1) ◽  
pp. 396-415 ◽  
Author(s):  
Gustaaf van Nifterik
Keyword(s):  
Constitutional Law ◽  
John Locke ◽  
Thomas Hobbes ◽  
The State ◽  
Constitutional Theory ◽  
War And Peace ◽  
The Law ◽  
The One ◽  
The Right

AbstractAn important aspect of any constitutional theory is the state's power to punish transgressions of the law, or the ius gladii. Although Grotius never formulated a complete, comprehensive constitutional theory, traces of such a theory can be found in many of his writings not explicitly devoted to constitutional law. Punishment even plays an important role in his books on war (and peace), since to punish transgressions of the law is ranked among the just causes of war.Given the fact that a state may punish transgressions of the law – transgressions by individuals within and even outside the state, but also transgressions of the law by other states – the question may arise concerning the origin of such a right to punish. It will be shown that Grotius did not give the same answer to this question in his various works. As the right to punish is concerned, we find a theory that seems to be akin to the one of John Locke in the De iure praedae (around 1605), one akin to the theories of the Spanish late-scholastics in De satisfactione and De imperio (around 1615), and a theory coming close to what Thomas Hobbes had said on the ruler's right to punish in the De iure belli ac pacis (around 1625).Of course, Grotius can only have been familiar with the theory of the Spanish late-scholastics, since those of Locke and Hobbes were still to be written by the time Grotius had passed away.

scholarly journals History of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification

2019 ◽  
pp. 138-146
Author(s):  
P. Zakharchenko
Keyword(s):  
The State ◽  
Educational Process ◽  
State Institute ◽  
Law Faculty ◽  
National University ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Definition Of ◽  
The Right

The approaches to the category "History of Ukrainian Law" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right. The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification It is alleged that for the first time the definition of "history of Ukrainian Law" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject "History of Ukrainian Law", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.

scholarly journals Improvement of legal support of training of members of civil formations by National Police bodies

2020 ◽  
Vol 2 (2) ◽  
pp. 105-109
Author(s):  
Svitlana Ryzhkova
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
The State ◽  
Public Order ◽  
The Public ◽  
Special Training ◽  
Village Council ◽  
The Law ◽  
The Right ◽  
National Police

The administrative and legal status of public formations in the protection of public order and the state border is regulated by the Law of Ukraine "On Participation of Citizens in the Protection of Public Order and the State Border". This law gives members of public formations the right to apply preventive measures to offenders, to draw up reports on administrative offenses, to apply in the established order measures of physical influence, special means of protection. To deliver to the bodies of the National Police, to the units of the State Border Guard Service of Ukraine, the headquarters of the public formation for the protection of public order or public order, the premises of the executive body of the village, village council of persons who have committed administrative offenses, in order to terminate it other measures of influence, identification of the violator, drawing up a report on an administrative offense in case of impossibility to draw it up at the place of the offense, if drawing up a report is mandatory, etc. important in this context is the observance of the law by members of public formations (hereinafter - GF), human and civil rights and freedoms, respect for the rights to liberty and security of person while ensuring public order and security. Given the specifics of the implementation of members of public formations of law enforcement functions, relevant issues of organizational and legal nature related to preparation by authorized subjects of power, which are defined by the Law "On participation of citizens in the protection of public order and state border" of candidates, as well as members of public formations. The current problems of legal and special training of candidates, as well as members of public formations by the National Police have been identified. The state and international experience of this issue are studied. It is proposed to improve the legal provision of training of members of public formations by the National Police, namely the need to adopt a departmental legal act of the Ministry of Internal Affairs (Instructions) to establish requirements for professional legal and special training of candidates and members of public formations in public order by the National Police.

Vacant inheritance, heirless inheritance and claims from Warsaw Decree (part II)

2019 ◽  
Vol 3 (3) ◽  
pp. 11-28
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
Civil Code ◽  
The State ◽  
The Other ◽  
Inheritance Law ◽  
Other Hand ◽  
Current Article ◽  
The Law ◽  
Post War ◽  
The One ◽  
Definition Of

The second part of the article concerns the interpretation and application in the central parts of Poland of the provisions of the Napoleonic Code on vacant inheritances. The Code does not provide a definition of the vacant inheritance. The key to the interpretation of the provisions on the acquisition of vacant inheritances by the state is the term “is presumed to be” (a vacant inheritance) used in the former Article 811 of the Napoleonic Code (French: est réputée vacante), see the current Article 809 of the French Civil Code which omits the term “is presumed to be”).This indicates that, in the absence of suitable heirs, the law introduced a specific rebuttable presumption of a vacant inheritance, belonging to the state. Only after an appropriate period of time did the presumption turn into certainty, i.e. it resulted in the inability to invoke the inheritance title. In practice, this meant that thirty years after the time necessary to draw up an inventory of the inheritance and to deliberate (ad deliberandum), the inheritance ultimately fell to the State. The mechanism adopted in the Napoleonic Code made it possible, on the one hand, for the heir to acquire the inheritance, which remained under the supervision of a curator for the period when it was presumed vacant, and on the other hand, it prevented the existence of inheritances without a claimant, i.e. inheritances devoid of the persons entitled to take them over. In the post-war period, when the communist authorities passed subsequent legal acts concerning the provisions of the inheritance law, the deadlines for heirs to apply for inheritance changed. Ultimately, the legislator did not adopt the model of vacant inheritances in the regulations harmonising the inheritance law on the Polish lands since 1947; instead, a solution analogous to the one provided for in the German Civil Code of 1986 (BGB) was adopted. The “shortening” of the statute of limitations also influenced the assessment of the admissibility of further application of the provisions of the Napoleonic Code in regard to vacant inheritances during the period of the People’s Republic of Poland regime (despite the existence of different inheritance law solutions).

scholarly journals Privatization Public Policy: A Look At The Experience of managing schools from San Luis

2004 ◽  
Vol 12 ◽  
pp. 47
Author(s):  
Myriam Feldfeber ◽  
Analía Jaimovich ◽  
Fernanda Saforcada
Keyword(s):  
Public Space ◽  
The State ◽  
Public Institutions ◽  
Reform Process ◽  
The Public ◽  
San Luis ◽  
New Meanings ◽  
Public Character ◽  
The One ◽  
The Right

The educational reform that took place in Argentina during the ´90s should be analyzed in the context of a broader reform process implemented in the whole of Latin America during that period, aimed at reforming the State and introducing deregulation, decentralization and privatization policies. During this process, the role that the Sate traditionally held in education is redefined, and the responsibility of guaranteeing the right to education is transferred form the State to the families and the schools. These transformations redefine the public character of public education, introduce new meanings in the debates and views about when something should be considered public or not in the field of education and foster the creation of a non- state public space which could be placed between the State and the market. This paper aims at analyzing the project “Escuelas 2001” which seeks to implement charter schools in San Luis, Argentina. The analysis is based on a two-fold approach: on the one hand, it takes into consideration the logic underlying the design and implementation of this policy; on the other hand, it focuses on the actors’ views about education, the State and public institutions.

scholarly journals Purpose, tasks and functions of constitutional and legal responsibility: questions of efficiency of realization

2020 ◽  
pp. 104-109
Author(s):  
Nataliia Batanova
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Legal Responsibility ◽  
Constitutional Theory ◽  
Legal Personality ◽  
Correct Definition ◽  
Concept Of Function ◽  
The One ◽  
Holistic Theory ◽  
Definition Of

In the article some problems of the theory of functions of constitutional and legal responsibility are researched. The relationshipbetween the goals, objectives and functions of constitutional legal responsibility, the functions of the Constitution, the functions of constitutionallaw, the functions of the state and the like is substantiated.Exploring the problems of constitutional and legal responsibility, it is necessary to proceed from a methodological position onunderstanding the functions of legal responsibility in general and the functions of constitutional and legal responsibility in particular,as an active way of constitutional and legal responsibility, directions and forms of its impact on public relationship, the content of thistype of legal responsibility, its purpose in society and the state, as well as its place in the system of protection of the Constitution andthe constitutional order.Equally important in creating a holistic theory of the functions of constitutional responsibility is the consideration and relationshipof the category “function of constitutional responsibility” and phenomena such as “objectives of constitutional responsibility”,“tasks of constitutional and legal responsibility” and “principles of constitutional and legal responsibility”. Certain theoretical differencesin the definition of these essentially different and, at the same time, interconnected categories give rise to significant contradictionsand conflicts in constitutional theory and legislative practice. They can be overcome only by creating a holistic system of conceptsin which the concept of “function of constitutional and legal responsibility” will occupy a clearly defined place.It is concluded that the concept of “functions of constitutional and legal responsibility”, on the one hand, and the concept of“functions of the Constitution”, “functions of constitutional law”, “functions of the state”, “functions of subjects of constitutional law”,on the other hand, are mutually related. Consequently, this issue of scientific research is relevant and practically significant both interms of the theory of constitutional law and its institutions, primarily the theory of constitutional and legal responsibility, and theapplied aspect, primarily in the context of formation and implementation of legal personality of subjects in constitutional and legal relationship,first of all, bodies and officials of state power and local self-government.It is argued that its functionality and effectiveness depend on the correct definition of the goals and objectives of constitutionalresponsibility.

PUBLIC SECURITY – OBJECT OF POLICE PROTECTION

2016 ◽  
Vol 1 (74) ◽  
pp. 17
Author(s):  
Aleksandrs Matvejevs
Keyword(s):  
The State ◽  
The Other ◽  
Public Security ◽  
Public Realm ◽  
State Institutions ◽  
The Public ◽  
Sense Of Security ◽  
Police Protection ◽  
The One ◽  
Definition Of

The analysis of the notion ‘public security’ reveals its two parts: 1) conditions where there is no threat to an individual, society or state; 2) measures by the state that ensure these conditions and instills in people the sense of security. These elements to a certain extent determine the features and characterize public security as an object of police protection and as a definition of the notion. Public security is based on two elements: 1) public peace when there is peace, cooperation and confidence in safety in the public realm; 2) conditions of protects ability where the state (the police) continuously provides public security and is ready to render help and neutralize any threats. Thereby in the legal reality public security is police legal relations where the subjects are, on the one hand persons, society, state institutions that have a constant need of protection against crimes and other offences and, on the other hand, the state whose task is to ensure the protection stated in the legislation via competent institutions.

scholarly journals UNDERSTANDING THE PUBLIC INTEREST IN DEVELOPMENT NYIA (New Yogyakarta International Airport): AN ECONOMIC ANALYSIS AND LEGAL APPROACH

2020 ◽  
Vol 8 (3) ◽  
pp. 477
Author(s):  
Muhammad Fikri Alan
Keyword(s):  
Public Interest ◽  
Development Policy ◽  
Development Process ◽  
The State ◽  
The Public ◽  
International Airport ◽  
The People ◽  
Approach Method ◽  
The One ◽  
The Right

<em>This paper seeks to use economic and law approaches in looking at the problems that occur over the construction of New Yogyakarta International Airport (NYIA). According to the legal approach that is often done, it has not given a clear meaning of what the phrase "public interest" is. In fact, the meaning of this phrase becomes very important, considering that this is used as the basis by the state in seizing the right to land owned by people, which is then used for the construction of the airport. For the economic approach method, it is expected to be able to complete the approach, by analyzing whether the current development process can benefit the country economically or not. Thus, the use of economic approaches, in this case is the NYIA's development policy, in fact, can be ambiguous. On the one hand it can be a justification for the state to continue the development process. On the other hand, it can be a justification for the people who until now continue to expect the development of the NYIA to be halted.</em>

scholarly journals REORIENTASI LGBT DI INDONESIA (STUDI FIQH AL-HADITS)

2017 ◽  
Vol 16 (1) ◽  
pp. 1
Author(s):  
Mahdalena Nasrun
Keyword(s):  
Criminal Code ◽  
The State ◽  
Legal Research ◽  
The Law ◽  
The One ◽  
The Right

Liberal NGOs such as Ardhanary Institute, Gaya Nusantara and Arus Pelangi devoted their bodyfor LGBT with a statement “my body is mine, not the one who has the right to govern my body, notthe parents, the state, and even the religion”. This movement is disturbing the community. Theresearch question of the study was how did LGBT exist in Indonesia? And how does fiqh al hadithview about LGBT. This study used normative legal research. The result of this study revealed that theexistence of LGBT in Indonesia in its history. Prohibition and punishment have been explained inthe book of Tuhfah al Ahwaz , the fatawa of MUI (Indonesian Council of Ulama) (1974, 2014)in line with the criminal code article 292 homosexsual acts, article 4 point 1a of the law onpornography and contradictory to article 1 of law № 1 of 1974 about marriage.

scholarly journals The Theory of Actual Employee and De Facto Authority and Its Applicability in Iraq

2020 ◽  
Vol 31 (2) ◽  
pp. 366-385
Author(s):  
Ali Salman Jamil
Keyword(s):  
The State ◽  
The Public ◽  
General Rules ◽  
Practical Reality ◽  
Legal Position ◽  
The Law ◽  
The Right ◽  
Council Of State ◽  
Principle Of Legality ◽  
The Relationship

The research showed that the French Council of State relied in resolving the conflict between the authority and the citizen on the principles of the Declaration of Human and Citizen Rights as a basis for the principle of legality. He only had them. They are abstract general rules that clarify the basis of the relationship between the citizen and the state, including his rights and duties. The council applied its rules regarding the rulings it issued, whether for the authority or against it. The authority has caved in to that. He also showed that it is impermissible to differentiate between protecting rights in normal and exceptional circumstances. The state is responsible for securing these rights in all circumstances. This is why the board invented the actual employee theory. The basic principles on which the actual employee theory was based have also been studied. The theory is not an exception to the principle of legality, but rather a real application of it. In a state that has taken upon itself to ensure that people enjoy the rights and freedoms stipulated in the constitution. It also clarified that the employee’s organizational relationship with the state requires it to respect his rights stipulated in the law in return for his commitment to his duties that oblige him to apply the law as abstract general rules without bias and deviation. Therefore, it has the right to punish him according to the law. In exchange for his right to appeal the decision to impose the punishment. The judiciary’s decision to cancel the dismissal or dismissal decision obliges the administration to return it to the same legal position. Unless that results in corruption, then you must return him to a center parallel to the first. Without causing him physical or moral harm. The research also showed that what happened in Iraq was a barbaric invasion that was not based on any justification. It expressly contradicts international legality. It has resulted in the abolition of all legitimate institutions of the state and the handing over of power to organizations that have proven practical reality that they are gangs of thieves whose aim is to destroy the state and to violate all prohibited acts. It issued laws that grant themselves privileges and rights that are inconsistent with the principle of legality. And decisions were issued that contradict the public interest. Therefore, citizens and employees should be granted the right to appeal all laws and decisions issued when real authority is established in Iraq. Return all stolen money and stolen rights.

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