Decree Powers and Constitutional Law in France under the Third Republic

1940 ◽  
Vol 34 (6) ◽  
pp. 1104-1123 ◽  
Author(s):  
Otto Kirchheimer
Keyword(s):  
Third Republic ◽  
General Character ◽  
World War ◽  
The Third ◽  
Starting Point ◽  
The World ◽  
Emergency Power ◽  
The Government ◽  
The Right ◽  
Rule Making

In the World War period and after, the use of extraordinary powers by the executive for legislative purposes became so widespread in Europe that constitutional theorists began to find it convenient to give up the doctrine of legislative supremacy. The constitutional basis for these extraordinary powers has been found in one of two ways: either the parliament may authorize the government to exercise certain legislative functions by way of delegation, or certain provisions in the constitution may be interpreted as giving the executive the right under certain circumstances not only to take specific administrative steps, but also to issue rules of a more general character. In either case, the question invariably arises as to how far the delegation of power may go, or as to the degree to which alleged constitutional emergency provisions may be used to supersede parliamentary legislation.In France, no constitutional emergency power is provided in the “organic” laws of 1875 which could give a starting point for independent rule-making activity. A law of April 3, 1878, defined very closely the conditions under which a state of siege may be declared and surrounded such a declaration with elaborate provisions for parliamentary supervision. It is apparent that this statute does not allow the government to decree rules of a general character.

scholarly journals Bosnia and Herzegovina in Serbian cultural club concepts

2020 ◽  
Vol 3 (4) ◽  
pp. 108-132
Author(s):  
Osman Sušić ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Second World War ◽  
World War ◽  
Entire Area ◽  
The Balkans ◽  
Starting Point ◽  
The Government ◽  
The Right ◽  
Banja Luka ◽  
Second World

This paper covers the period from 1937 to 1945, the period of the establishment and works of the Serbian Cultural Club. The paper will discuss the political circumstances in the Kingdom of Yugoslavia in wich Serbian Cultural Club was founded, as well as the program goals and its activities in Bosnia and Herzegovina. Special emphasis will be put on the period of the Second World War in the Bosnia and Herzegovina and the former common state and the activities of the Serbian Cultural Club in the Second World War. The work and achievement of the program goals of the Serbian Cultural Club in the Second World War will be presented through the work of the Exile Government in London and the activities of the Chetniks Movement in the Bosnia and Herzegovina and the former common state. The Serbian Cultural Club was formed as a form of political association and activity, which included politicians, public workers, scientists, members of various political organizations, representatives of state and parastate bodies and organizations, under the slogan "Serbs for Reunion". The club acted as a unique and homogeneous organization, regardless of the composition of the membership, with the goal of saving Serbia and Serbs. This most clearly expressed his overall activity, composition and degree of influence on state policy. The most important issues of state or Serbian nationalist policy for the interest of the Government were discussed in the Club, so the club had an extensive network of boards and several media. Professor and Rector of the University of Belgrade, Dr. Slobodan Jovanović, was elected the first president of the Serbian Cultural Club. He was the ideological creator of this organization (and he set out the basic tasks and goals of the Club). The vice presidents were Dr. Nikola Stojanović and Dr. Dragiša Vasić, and Dr. Vasa Čubrilović the secretary. Dr. Stevan Moljevic was the president of the board of the Serbian Cultural Club for the Bosnian Krajina, based in Banja Luka. According to Dinić, the initiative for the formation of the Serbian Cultural Club was given by Bosnian-Herzegovinian Serbs Dr. Nikola Stojanović, Dr. Vladimir Čorović, Dr. Vladimir Grčić and Dr. Slobodan Jovanović. The activities of the Serbian Cultural Club can be divided into two stages. The first from its founding in 1936 until the signing of the Cvetković-Maček agreement, and the second from 1939 to 1941. The program of the Serbian Cultural Club was a sum of Greater Serbia programs of all major political parties that operated in Serbia with the help of state institutions. The goals of the Serbian Cultural Club were mainly: expansionist policy of expanding Serbian rule to neighboring areas, denying the national identity of all other Yugoslav nations and exercising the right to self-determination. The program goals of the Serbian Cultural Club were to propagate Greater Serbian ideology. With its program about Greater Serbia and its activities, the Serbian Cultural Club has become the bearer of the most extreme Serbian nationalist aspirations. After the Cvetković-Maček agreement of August 1939, the Serbian Cultural Club demanded a revision of the agreement, calling for a Serbo-Croatian agreement based on ethnic, historical or economic-geographical principles. The adoption of one of these principles was to apply to the entire area inhabited by Serbs. The subcommittees of the Serbian Cultural Club in Bosnia and Herzegovina had the primary task of working to emphasize its Serbian character, and after the Cvetkovic-Macek agreement to form awareness that the whole of Bosnia and Herzegovina should enter the Serbian territorial unit. With the prominent slogan "Wherever there are Serbs - there is Serbia", the Serbs in Bosnia and Herzegovina were marked as the "vigilant guardian of the Serbian national consciousness". The leadership and most of the members of the Serbian Cultural Club joined the Chetnik movement as Draža Mihailović's national ideologues. The policy of the militant Greater Serbia program and Serbian nationalism of the Serbian Cultural Club was accepted as the program of Draža Mihailović's Chetnik movement. Some of Draža Mihailović's most important associates belonged to the Serbian Cultural Club. The main political goals of the Chetnik movement are formulated in several program documents. The starting point in them was the idea of a "Greater and Homogeneous Serbia", which was based on the idea that Serbs should be the leading nation in the Balkans.

A war hero or a Hitler soldier?

2019 ◽  
pp. 50-57
Author(s):  
Pavel Gotovetsky
Keyword(s):  
Twentieth Century ◽  
World War Ii ◽  
Interwar Period ◽  
Military Service ◽  
Third Reich ◽  
National Committee ◽  
World War ◽  
The Third ◽  
The World ◽  
The Third Reich

The article is devoted to the biography of General Pavlo Shandruk, an Ukrainian officer who served as a Polish contract officer in the interwar period and at the beginning of the World War II, and in 1945 became the organizer and commander of the Ukrainian National Army fighting alongside the Third Reich in the last months of the war. The author focuses on the symbolic event of 1961, which was the decoration of General Shandruk with the highest Polish (émigré) military decoration – the Virtuti Militari order, for his heroic military service in 1939. By describing the controversy and emotions among Poles and Ukrainians, which accompanied the award of the former Hitler's soldier, the author tries to answer the question of how the General Shandruk’s activities should be assessed in the perspective of the uneasy Twentieth-Century Polish-Ukrainian relations. Keywords: Pavlo Shandruk, Władysław Anders, Virtuti Militari, Ukrainian National Army, Ukrainian National Committee, contract officer.

Ukraine and the Challenges of Post-Totalitarian Transit (1990-2019)

2021 ◽  
Author(s):  
Volodymyr Holovko ◽  
◽  
Larysa Yakubova ◽  
Keyword(s):  
World War I ◽  
Essential Feature ◽  
State Building ◽  
Self Awareness ◽  
World War ◽  
Successful Completion ◽  
Wide Audience ◽  
The Third ◽  
The World ◽  
History Of

The key problems of nation- and state-building are revealed in the concept of the chronotope of the Ukrainian “long twentieth century,” which is a hybrid projection of the “long nineteenth century.” An essential feature of this stage in the history of Ukraine and Ukrainians is the realization of the intentions of socioeconomic, ethnocultural and political emancipation: in fact, the end of the Ukrainian revolution, which began in the context of World War I and the destruction of the colonial system. The third book tells about the contradictions of post-Soviet transit. The three modern revolutions, the development of “oligarchic republics,” the subjectivization of Ukraine in the world through self-awareness of the European choice are visible manifestations of the final stage of the century-old Ukrainian revolution and anti-colonial liberation war. The essential transformations of the Ukrainian project are understood in the broad optics of post-totalitarian transit, the successful completion of which now rules for the national idea of Ukraine. For a wide audience.

Fundamental Rights in the Indian Constitution: Could it include ‘Right to Sanitation’?

2016 ◽  
Vol 5 (6) ◽  
pp. 291-296
Author(s):  
Anil Kumar Mohapatra
Keyword(s):  
Fundamental Rights ◽  
Safe Drinking Water ◽  
Right To Life ◽  
Personal Liberty ◽  
Sanitation Facility ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The World ◽  
The Government ◽  
The Right

Long before India gained independence, M.K. Gandhi remarked that the availability of Sanitation facility is more important than gaining Independence for an Indian. Of late, it is now increasingly felt and realized in India that facilities like toilet, safe drinking water, accompanied by good hygienic conditions are fundamental necessities of a person. These are prerequisites of social and economic justice and genuine development. The Supreme Court of India in one judgement held that Right to life and personal liberty, should include right to privacy and human dignity etc. Despite that it has been an admitted shame that India still has the largest number of people defecating in open in the world. There are reported incidences of rape and murder of women in many places in India as women rely on open field for attending to the call of nature in morning and evening. The attempts like Community toi-let system, pay-and-use toilet system and schemes like ‘Mo Swabhiman -Mo Paikhana’ have been found to be less effective. In this connection the ‘Clean India Mission’ campaign launched by the Government of India in 2014 has been regarded as a right approach in that direction. Government of the day is actively considering the demand to convert the Right to Sanitation from a developmental right to a fundamental right. It would make the state more accountable and responsible. Against this background, the paper argues that spending huge money on that would yield good dividend in future for the country.

Neo-Royalists in the Third Republic. The History of Origin and Formation of the “Action française”

2020 ◽  
Vol 65 ◽  
pp. 492-504
Author(s):  
Sergey V. Zelenin
Keyword(s):  
Third Republic ◽  
The Other ◽  
Present Review ◽  
Life Activity ◽  
The Third ◽  
Concise Review ◽  
French Writer ◽  
History Of ◽  
The Right

The present review is devoted to Vasiliy Molodyakov’s book “Charles Morraus and the “Action française” against Germany: from Kaiser to Hitler”. The review examines the main thoughts and postulates of the book. The book represents the first part of the trilogy on the life, activity and views of the French writer, publicist ad thinker Charles Morraus, as well as on the history of the right monarchic movement “Action française”. The article also gives a concise review of the other works of this author.

PROBLEMS OF THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA: LESSONS FOR THE THIRD REPUBLIC

1992 ◽  
Vol 4 (1) ◽  
Author(s):  
AbduI-Mumim Sa’ad
Keyword(s):  
Criminal Justice ◽  
Third World ◽  
Third Republic ◽  
World Country ◽  
Legal Representation ◽  
The Third ◽  
Third World Country ◽  
Administration Of Justice ◽  
The World

The administration of criminal justice all over the world is infested with problems. The problems are undoubtedly more in number and seriousness in a Third World country such as ours, Nigeria. This paper identifies and 1 explains in some details only some of the more serious of the problems in Nigeria. It does so within the context of the five major stages involved in the administration of criminal justice which includes: charges and pleas; bail and remand; trial and legal representation; judgment and sentencing; as well as appeals. The paper then concludes by offering some useful solutions to each of the problems identified and explained in the paper, calling upon the Third Nigerian Republic to implement those recommendations for a better administration of justice in the country.

Text of Resolution Which Entered the United States into World War

1917 ◽  
Vol 85 (17) ◽  
pp. 455-456
Keyword(s):  
United States ◽  
House Of Representatives ◽  
United States Of America ◽  
The United States ◽  
World War ◽  
German Government ◽  
The People ◽  
Successful Termination ◽  
The World ◽  
The Government

The following is the text of the resolutions which officially entered the United States into the world war:— “Whereas the imperial German government has committed repeated acts of war against the government and the people of the United States of America; therefore be it “Resolved by the Senate and House of Representatives of the United States of America in congress assembled, that the state of war between the United States and the imperial German government, which has thus been thrust upon the United States, is hereby formally declared; and that the President be and he is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the government to carry on war against the imperial German government; and to bring the conflict to a successful termination all of the resources of the country are hereby pledged by the Congress of the United States.”

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals INDUSTRY REVOLUTION 4.0 : STRENGHTHENING THE CREATIVE ECONOMY SECTORS THROUGH BEKRAF IMPLEMENTATION PROGRAMS

2020 ◽  
Vol 5 (01) ◽  
pp. 84-108
Author(s):  
I Wayan Aditya Harikesa
Keyword(s):  
Social Inclusion ◽  
Creative Industries ◽  
Creative Economy ◽  
The World ◽  
Close Cooperation ◽  
Economic Foundation ◽  
The Government ◽  
Small Medium Enterprises ◽  
The Right ◽  
Medium Enterprises

President Joko Widodo or Jokowi has made a great leap in enhancing Indonesia�s Small Medium Enterprises (SME)s and the country�s overall creative industries by establishing a new non ministerial institution called Badan Ekonomi Kreatif (BEKRAF) or the Creative Economy Agency. The BEKRAF, established under the Presidential Regulation Number 6 of 2015 issued on January 20, 2015, is responsible for accelerating the development of creative economy in Indonesia. Small Medium Enterprises (SMEs) have been playing crucial roles for generating economic progresses as well as social inclusion in Indonesia. Among the most important and worthy of priority is the country�s creative economy. The existence of BEKRAF will enhance close cooperation between the government, SMEs players and related economic stakeholders. This paper aims to assess the concept of �Creative Industries,� as a boundary concept that allows for increased co-operation between players and the generally opposing knowledge concepts�as reflected in their respective knowledge and cultural politics. Indonesia has great potential in terms of economic growth. In 2015, Indonesia�s Gross Domestic Product (GDP) rocketed to 4.79 percent, far above the previous expectation of only 2.4 percent. This encouraging climate is indeed the right moment for the government to strengthen the country�s economic foundation particularly in the real economic sector. Hence, BEKRAF has a vision to build Indonesia as one of the world�s great economic powers in the field of creative economy by 2030. This issue will be discussed comprehensively in the final part of the paper.

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