Georgia's Proposed New Constitution

1945 ◽  
Vol 39 (3) ◽  
pp. 459-463
Author(s):  
Albert B. Saye

Fully as interesting as the provisions of the proposed new constitution that will be submitted to the voters of Georgia at a special election on August 7, 1945, is the method by which the document was framed. The constitution of the state now in force, adopted in 1877 soon after the state was freed from carpet-bag rule, is a long and complicated document, filled with detailed limitations on the government, particularly in the field of finance. As a result of the inclusion of numerous provisions statutory in nature, the document has been amended three hundred and one times in a period of sixty-eight years. Recognizing the need for a new constitution, the Institute of Public Affairs of the University of Georgia drew up A Proposed Constitution for Georgia in 1931. This document proposed a thorough revision of the structure of the government, including such radical changes as the substitution of 30 districts for the existing 161 counties as the basis of representation in the General Assembly. The widespread publicity given the document served to stimulate interest in constitutional revision, and most of the press of the state, notably the Atlanta Journal, has in recent years actively supported the movement.In March, 1943, the General Assembly passed a resolution, sponsored by Governor Ellis Arnall, providing for a commission of twenty-three members to revise the constitution. The commission was to be composed of the governor, the president of the senate, the speaker of the house of representatives, three members of the senate appointed by the president, five members of the house appointed by the speaker, a justice of the supreme court designated by the court, a judge of the court of appeals designated by the court, the attorney general, the state auditor, two judges of the superior courts, three practicing attorneys-at-law, and three laymen to be appointed by the governor. The resolution provided that the report of this commission should be submitted to the General Assembly either in the form of proposed amendments to the constitution or as a proposed new constitution, to be acted upon by the General Assembly and submitted to the people for ratification or rejection.

2020 ◽  
Vol 5 (1) ◽  
pp. 51-66
Author(s):  
Ardiansah Ardiansah

The Indonesian Constitution has mandated health services for its people. Everyone has the right to receive health services, while the state is obliged to provide health services. The implementation of public health services faces problems concerning the president regulations about the increase of health insurance fee. The House of Representatives does not agree with the increase in health insurance fee, because the government should be responsible for the realization of public health services. This research uses normative legal research methods. The results showed that the government's policy of raising fees was considered unfair and burdensome to the people of Indonesia.Health services for the people of Indonesia has been mandated by The Indonesian Constitution. The denial of health services is a violation to the Indonesian constitution. The people have the right to get health services, whereas the state is responsible for providing health services. Therefore, even though the government raises fees, people expect the government to cancel the increase of the fee. Due to the fact that the Indonesian constitution has made it clear that the state is responsible for providing health services to its people.


2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz

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.


Author(s):  
Akil Ibrahim Al-Zuhari

The article defines the features of the process of forming the research tradition of studying the institute of parliamentarism as a mechanism for the formation of democracy. It is established that parliamentarism acts as one of the varieties of the regime of functioning of the state, to which the independence of the representative body from the people is inherent, its actual primacy in the state mechanism, the division of functions between the legislative and executive branches of government, the responsibility and accountability of the government to the parliament. It is justified that, in addition to the regime that fully meets the stated requirements of classical parliamentarism, there are regimes that can be characterized as limited parliamentary regimes. The conclusions point out that parliamentarism does not necessarily lead to a democracy regime. At the first stage of development of statehood, it functions for a long time in the absence of many attributes of democracy, but at the present stage, without parliamentarism, democracy will be substantially limited. Modern researchers of parliamentarism recognize that this institution is undergoing changes with the development of the processes of democracy and democratization. This is what produces different approaches to its definition. However, most scientists under classical parliamentarianism understand such a system, which is based on the balance of power. This approach seeks to justify limiting the rights of parliament and strengthening executive power. Keywords: Parliamentarism, research strategy, theory of parliamentarism, types of parliamentarism


2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.


Author(s):  
Rajendra Baikady ◽  
Cheng Shengli ◽  
Gao Jianguo

This article reports on the result of an exploratory qualitative study with in-depth interviews conducted with postgraduate students in Chinese universities. The data were collected from five schools of social work, covering three provincial-level administrative regions of Beijing, Shanghai and Shandong. The principal aim of this article is to understand the development of social work and student perspectives on the government’s role in social work development and the function of social work in China. The study shows that Chinese social work is still developing, and the expansion and function of social work education and practice is mandated by the state. Despite a robust authoritarian hold by the government, the study finds hope among the graduate students about the mission and future of social work in China.


1917 ◽  
Vol 85 (17) ◽  
pp. 455-456

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.”


Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.


2020 ◽  
Vol 12 (1) ◽  
pp. 87-99
Author(s):  
Munandzirul Amin

Democracy provides a place for us to learn to live with the enemy because only democracy allows tension and paradox, which comes from freedom, to occur in society. In contrast to the New Order era, we can now enjoy freedom of opinion and association. This freedom can in turn produce tension. The relationship between elements of society with one another, or the relationship between the state and elements of society, can be tense because of differences in interests in regulating social and political order. Meanwhile, Indonesian society witnessed the paradox which also originated from freedom. This, for example, is shown by the emergence of intolerant groups such as the Islamic Defenders Front (FPI) and Hizb ut-Tahrir Indonesia (HTI). Even organizations such as HTI are of the view that democracy is not in accordance with the teachings of Islam in terms of sovereignty in the hands of the people, what should determine that is the preogrative right of Allah SWT. The government in the view of HTI only implements sharia and determines administrative technical issues.


2017 ◽  
Vol 30 (2) ◽  
pp. 150
Author(s):  
Oman Sukmana

The domination of the state (government) and Corporate (PT LBI) in the oil and gas resource management lead Lapindo mudflow disaster that caused misery to the people. This study aims to assess the forms of domination and injustice by the state (government) and the corporation in the case of Lapindo mudflow disaster, and how Lapindo mudflow disaster victims negotiate (resist) against the state (government) and corporations in an effort to fight for their rights. This study used a qualitative approach with case study. Subjects and informantsresearch include: (1) Lapindo mudflow disaster victims; (2) group coordinator of Lapindo mudflow disaster victims; (3) Public figures Siring village, Tanggulangin, Renokenongo, Jabon, and Jatirejo, Porong district, Sidoarjo; (4) Representation of the corporation (PT. LBI); and (5) Representation of BPLS. The data collection process using the in-deepth interviews, observation, focus group discussions, and review documents. Stage processing and data analysis includes the coding process, memoing, and concept mapping. The results showed that the government (the state) and the corporation (PT LBI) action dominating the oil and gas resource management in the area of Porong district, Sidoarjo regency, East Java, resulting misery for the victims (people). Forms of injustice felt by residents Lapindo mudflow disaster victims not only related to the issue of compensation for land and building assets alone, but more than that, including various dimensions. Through a variety of collective action, such as demonstrations and negotiations, Lapindo mudflow disaster victims filed various charges, such as demands for payment of compensation for land and building assets destroyed.


2017 ◽  
Vol 4 (3) ◽  
pp. 316
Author(s):  
Wandi Subroto

The House of Representatives is a central legislative body that represents the people in parliament. The authority of each legislative member and as an institution has been regulated by legislation. The authority of the House of Representatives as an institution is huge, and the great power tends to be misused, such as committing a criminal act of corruption. Corruption is a crime that is very detrimental to the state's finances and hinders the government to prosper its people, then a justice-based arrangement is needed to prevent corruption within The House of Repre-sentatives as a legislative body.


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