Notes on Sovereignty in a State

1907 ◽  
Vol 1 (2) ◽  
pp. 297-320
Author(s):  
Robert Lansing
Keyword(s):  
Civil Liberty ◽  
The State ◽  
Federal State ◽  
Single State

In Part First of these notes the nature of sovereignty was discussed and its manifestations in a single state and a federal state considered. It is now proposed to carry the investigation further, and to see the effect of viewing sovereignty from standpoints internal and external to the state. Having completed this examination, the subjects of independence, civil liberty, state liberty, constitutions, and law in their relation to sovereignty will be briefly treated.

Is This the Care We Need?: An Examination of Childcare Policy in Pennsylvania

Commonwealth ◽  
2017 ◽  
Vol 19 (2) ◽  
Author(s):  
Jennie Sweet-Cushman ◽  
Ashley Harden
Keyword(s):  
United States ◽  
Child Care ◽  
Current System ◽  
The United States ◽  
The State ◽  
Federal State ◽  
Women And Politics ◽  
Richard Nixon ◽  
State And Local ◽  
Childcare Policy

For many families across Pennsylvania, child care is an ever-present concern. Since the 1970s, when Richard Nixon vetoed a national childcare program, child care has received little time in the policy spotlight. Instead, funding for child care in the United States now comes from a mixture of federal, state, and local programs that do not help all families. This article explores childcare options available to families in the state of Pennsylvania and highlights gaps in the current system. Specifically, we examine the state of child care available to families in the Commonwealth in terms of quality, accessibility, flexibility, and affordability. We also incorporate survey data from a nonrepresentative sample of registered Pennsylvania voters conducted by the Pennsylvania Center for Women and Politics. As these results support the need for improvements in the current childcare system, we discuss recommendations for the future.

РОЛЬ ГОСУДАРСТВА В ПРЕОДОЛЕНИИ КРИЗИСА ГРАЖДАНСКОЙ ИДЕНТИЧНОСТИ: НОРМАТИВНО-ПРАВОВОЙ АСПЕКТ

2020 ◽  
Vol 14 (4) ◽  
pp. 9
Author(s):  
O. D. Safonova
Keyword(s):  
General Education ◽  
State Policy ◽  
Human Life ◽  
The State ◽  
Federal State ◽  
Theoretical Problem ◽  
Mutual Aid ◽  
Moral Norms ◽  
Russian State ◽  
Expert Community

Recognizing the existence of a crisis of civil identity, Russian state proclaims patriotic values an integral part of Russian state policy in documents of strategic importance. The need to educate citizenship and patriotism has ceased to be only a theoretical problem, and has found its embodiment in a large number of federal and regional programs. In comparison with the previous decades, the role and importance of civic identity and civic competence in modern Russia are becoming much more important. The civil competence of the student is formed by education-pedagogically organized purposeful process of development of the student as a person, a citizen, the development and adoption of values, moral attitudes and moral norms of societies. National security strategy of the Russian Federation (2015) relates to Russia's traditional spiritual and moral values: the priority of the spiritual over the material, protecting human life, rights and freedoms of the individual, family, creative work, service to the Fatherland, the norms of morality, humanity, mercy, justice, mutual aid, collectivism, historical unity of the peoples of Russia, the continuity of the history of our country. The formation of the civil identity of the young Russian personality forms with the help of Federal state educational standards of primary General, basic General and secondary General education, so the state policy in overcoming the crisis of civil identity devotes a large number of documents and programs to the field of education. The article attempts to trace how through normative and legal acts the state consistently tries to overcome the crisis of civil identity, identified by the scientific and expert community. Following the authors of state programs and the expert community studying the problems of identity crisis, it is noted in the article that the formation of civil identity is one of the most important conditions for the successful development of the country.

Music in the Myth of Venice

1977 ◽  
Vol 30 (4) ◽  
pp. 511-537 ◽  
Author(s):  
Ellen Rosand
Keyword(s):  
The State ◽  
Political Model ◽  
Single State ◽  
Venetian Republic

Historians have long been fascinated by the ‘myth of Venice’: the phenomenon of a single state acquiring and sustaining a reputation, often at obvious variance with reality, that would serve not only the propaganda goals of the state itself but even as an influential political model for others. Although there are several aspects to this myth, they all focus on the perfection of the Venetian Republic, its uniqueness and virtù. The official epithet, la Serenissima, epitomized the image of this splendid city, founded miraculously upon the waters, unwalled yet unconquered for more than a millennium, remarkably undisturbed by internal strife. Petrarch's wellknown panegyric expresses a generally held view of Venice: ‘a city rich in gold but richer in renown, mighty in works but mightier in virtue, founded on solid marble but established on the more solid foundations of civic concord, surrounded by the salty waves but secure through her saltier councils.’

The system of disposal of equipment in the agro-industrial complex and issues of the legislative framework

2021 ◽  
pp. 56-67
Author(s):  
V. I. Ignatov ◽  
Y. V. Kataev ◽  
V. S. Gerasimov ◽  
N. K. Baulin
Keyword(s):  
Educational Institution ◽  
The State ◽  
Federal State ◽  
General Strategy ◽  
Industrial Complex ◽  
Resource Saving ◽  
Recycling System ◽  
Effective System ◽  
Legislative Framework ◽  
Agroindustrial Complex

The paper is devoted to the analysis of the state of the equipment recycling system in Russia and the issues of improving the legislative framework that accompanies it. The role of state structures in solving the problems of forming a resource-saving ecooriented system for the disposal of decommissioned equipment is reflected. To analyze the work in the field of waste management, to reflect the state of the legislative framework for the existing system of recycling equipment in Russia and abroad, to make recommendations for its improvement. Problems with waste appear when, in the process of production and consumption of substances, objects (equipment), he/she becomes unnecessary for their owners, their owner tries to get rid of this object in the most accessible way. According to numerous information, the disposal of equipment in Russia is mainly carried out (black waste collectors), which control more than 60 % of the scrap of non-ferrous and ferrous metals, so the solution to the problem of creating an effective system for the disposal of equipment becomes not just relevant, but vital for our state. The scientific community in Russia is constantly conducting research on the creation and implementation of a system for the disposal of decommissioned equipment, so, for example, MADI scientists proposed a regional car recycling system for implementation, the scientists of the Federal State Budgetary Educational Institution FNAC VIM also developed a regional system for the disposal of agricultural recycling equipment. In order to quickly solve the problem of working out a general strategy for creating an effective system of recycling equipment in Russia, taking into account the revision of the legislative framework, it is advisable to "run-in" it at the industry level, for example, in the agroindustrial complex, with subsequent replication in other industries.

scholarly journals ON THE SPECIFICS OF THE ACTIVITIES OF THE PLENIPOTENTIARIES OF THE STATE DEFENSIVE COMMITTEE DURING THE GREAT PATRIOTIC WAR (ACCORDING TO DOCUMENTS OF FEDERAL AND REGIONAL ARCHIVES)

2020 ◽  
Vol 30 (1) ◽  
pp. 111-118
Author(s):  
D. V. Repnikov
Keyword(s):  
The State ◽  
Federal State ◽  
State Archive ◽  
Central State ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
Russian State ◽  
Great Patriotic War ◽  
Udmurt Republic ◽  
History Of

The article is devoted to such an important aspect of the activities of the plenipotentiaries of the State Defensive Committee during the Great Patriotic War, as conflicts of authority. Contradictions between the plenipotentiaries of the State Defensive Committee and the leaders of party, state, economic bodies at various levels, as well as between the plenipotentiaries themselves, that were expressed in the emergence of various disputes and often resulted in conflicts of authority, became commonplace in the functioning of the state power system of the USSR in the war period. Based on documents from federal (State Archive of the Russian Federation, Russian State Archive of Socio-Political History, Russian State Archive of Economics) and regional (Central State Archive of the Udmurt Republic, Center for Documentation of the Recent History of the Udmurt Republic) archives, the author considers a conflict of authority situation that developed during the Great Patriotic War in the Udmurt Autonomous Soviet Socialist Republic, which shows that historical reality is more complicated than the stereotypical manifestations of it.

scholarly journals Sovereignty in a Federal State: Theoretical and Legal Bases and Practice of Implementation in Russia

2020 ◽  
pp. 13-26
Author(s):  
Andrei V. Bezrukov ◽  
Andrey A. Kondrashev
Keyword(s):  
Russian Federation ◽  
Armed Forces ◽  
Fundamental Principle ◽  
The State ◽  
State Sovereignty ◽  
Federal State ◽  
Constitutional Court ◽  
Potential Threat ◽  
The Russian Federation ◽  
The Right

The article raises the issue of state sovereignty in a federal state and reveals its legal nature. The authors draw attention to the diversity of approaches to the concept and essence of sovereignty, reveal its correlation with related categories, describe the concepts of unity and divisibility of state sovereignty. The paper proves that sovereignty is not a quantitative, but a qualitative characteristic of a state, which is either present or not. The authors substantiate the exclusive possession of state sovereignty by the Russian Federation. Based on the analysis of the doctrinal, regulatory sources and the practice of the Constitutional Court of the Russian Federation, the authors show that the Russian constitutional model explicitly outlines the principle of solid and indivisible state sovereignty spreading throughout the whole territory of the Russian Federation. Recognition of the principle of state sovereignty of Russia presupposes a clear definition of the scope of rights that the Federation should possess in order for its sovereignty to be ensured. The article examines the main features of the state sovereignty of Russia enshrined in the Constitution of the Russian Federation, among which are the supremacy of federal law over the law of the subjects of the Federation, the inviolability of borders and territorial integrity, the unity of the economic space, fiscal, banking and monetary systems, common army (Armed Forces), the right of the state to protect its sovereignty and rights of citizens. Despite the unequivocal decision on the integrity of state sovereignty of the Russian Federation expressed the Constitution of the Russian Federation and by the Constitutional Court of the Russian Federation, this fundamental principle is not completely ensured since the idea of the sovereignty of the republics as components of Russia continues to retain its potential threat to Russian federalism, taking into account the provisions of Art. 73 of the Constitution of the Russian Federation that provide for the full state power of the constituent entities of the Russian Federation

scholarly journals Teori Hukum Pidana Minimalis dari Douglas Husak: Urgensi dan Relevansi

2021 ◽  
Vol 4 (1) ◽  
pp. 245-279
Author(s):  
Mahrus Ali ◽  
M. Arif Setiawan
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
The State ◽  
Risk Prevention ◽  
Legal Philosophy ◽  
Federal State ◽  
Minimalist Theory ◽  
Severity Of Punishment ◽  
Douglas Husak

Douglas Husak has been widely known, especially in the United States and Europe, as a leading theorist who combines the disciplines of legal philosophy and criminal law. Most of his writings were directed at the use of the coercive means of the state through criminal law as minimum as possible. The minimalist theory of criminal law that he coined was motivated by the phenomenon of the increasing number of acts criminalized in the United States Federal State Law in which the majority related to offenses of risk prevention causing overcriminalization. To prevent this, criminal law must be placed as a last resort. The state’s decision to criminalize an act must pay attention to internal and external constraints. The first includes the nontrivial harm or evil constraint, the culpability of the actor, and the proportionality of punishment, while the second is related to the substantiality of the state’s authority to punish. The thought is relevant to be adopted in the criminalization policy in Indonesia, especially regarding the principle of the blameworthiness of conduct, the severity of punishment must weigh the dangerousness of the (actor) offenses, and criminalization should not be taken if other means are equally effective or even more effective to achieve the goal. Abstrak Douglas Husak dikenal luas terutama di Amerika Serikat dan Eropa sebagai teoretisi terkemuka yang menggabungkan antara disiplin filsafat hukum dan hukum pidana. Tulisan-tulisan Husak kebanyakan diarahkan pada penggunaan sarana koersif negara melalui hukum pidana seminimal mungkin. Teori hukum pidana minimalis yang dicetuskannya dilatarbelakangi fenomena semakin banyaknya perbuatan-perbuatan yang dikriminalisasi dalam undang-undang Negara Federal Amerika dan mayoritas terkait offenses of risk prevention sehingga menimbulkan kelebihan kriminalisasi. Untuk mencegahnya, hukum pidana harus ditempatkan sebagai sarana terakhir. Keputusan negara untuk mengkriminalisasi suatu perbuatan harus memperhatikan pembatas internal dan pembatas eksternal. Yang pertama meliputi sifat jahat dan dampak kerugian/kerusakan yang begitu serius dari dilakukannya suatu tindak pidana, kesalahan pembuat, dan proporsionalitas pidana; sedangkan yang kedua terkait substansialitas kewenangan negara untuk memidana. Pemikiran Husak relevan untuk diadopsi dalam kebijakan kriminalisasi di Indonesia terutama menyangkut prinsip ketercelaan suatu perbuatan, penetapan beratnya ancaman pidana mengacu pada seriusitas delik dan kesalahan pembuat, dan kriminalisasi tidak boleh ditempuh jika cara-cara lain sama efektif atau bahkan lebih efektif untuk mencapai tujuan.

Federation of Malaysia

2019 ◽  
pp. 125-158
Author(s):  
Daniel Pascoe
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
The State ◽  
Federal State ◽  
Judicial Discretion ◽  
Explanatory Factors ◽  
Capital Cases ◽  
The Impact ◽  
Over Time

As with Chapters 3 and 4, the case study on Malaysia begins with a thorough description of the country’s death penalty laws and practice, and Malaysia’s publicly known clemency practice over the period under analysis (1991–2016). Thereafter, for both the Malaysian (Chapter 5) and Indonesian (Chapter 6) cases, the potential explanatory factors for clemency incidence are more complex than for Thailand and Singapore, given these two jurisdictions’ more moderate rates of capital clemency and fluctuating political policies on capital punishment over time. Available statistics suggest that Malaysia’s clemency rate is moderately high, at between 55 and 63 per cent of finalized capital cases. Malaysia is a federal state where pardons are granted by the hereditary rulers or appointed state governors in state-based cases, or by the Malaysian king (Yang di-Pertuan Agong) in federal and security cases, all on the advice of specially constituted Pardons Boards. Chapter 5 presents the following two explanations for Malaysia’s restrictions on death penalty clemency: prosecutorial/judicial discretion and detention without trial in capital cases, and the Federal Attorney-General’s constitutional role on the State and Federal Pardons Boards. As to why Malaysia’s clemency rate has not then fallen to the miniscule level seen in neighbouring Singapore (with both nations closely comparable, as they were once part of the same Federation of Malaya), Chapter 5 points to the relevant paperwork placed before each Pardons Board, the merciful role played by the Malay monarchy, and the impact of excessively long stays on death row before clemency decisions are reached.

The Separation of Powers

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Common Good ◽  
Separation Of Powers ◽  
The State ◽  
Institutional Framework ◽  
State Institutions ◽  
State Action ◽  
The Common Good ◽  
The Common ◽  
Single State

The point of the separation of powers is examined, and it is argued that accounts of the principle that identify liberty as the guiding purpose of the principle are flawed, the products of an unattractive account of the state. A richer understanding of the state produces a richer understanding of the principle. The second and third parts of the chapter outline such an account, reflecting on the institutional framework required by the separation of powers: the divisions and connections that the principle demands. Different state institutions are well-placed to identify different aspects of the common good and, through their differing skills and instruments, well-suited to modify the policies of the state in light of these assessments. The constitution then combines these decisions into a single state action. The chapter then considers apparent exceptions to the separation of powers.

Conclusion

2021 ◽  
pp. 191-200
Author(s):  
Signe Rehling Larsen
Keyword(s):  
The State ◽  
Federal State ◽  
The Political ◽  
Political Union ◽  
Member States ◽  
Political Autonomy ◽  
Political Modernity ◽  
To Come ◽  
Political Association ◽  
Political Form

The conclusion sums up the main arguments of the book: the EU is not an association sui generis. Rather, it belongs to the political form of the federation: a discrete form of political association on a par with, though differentiated from, the other two forms of political modernity, namely, the state and the empire. The federation is a political union of states founded on a federal and constitutional compact that does not absorb the Member States into a new federal state. Federations come into existence because of the instability of the state as a political form. States decide to come together in a federation because they are incapable of maintaining their own political autonomy. Nevertheless, the federation is characterized by its own unique internal contradictions that always threaten its stability and survival. Federal emergency politics brings these contradictions to the fore by eroding the political autonomy of the Member States.

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