Funkcje kontrolne parlamentów na ziemiach polskich w początkach XIX w.

2016 ◽  
Vol 14 (2) ◽  
pp. 143-158
Author(s):  
Piotr Miłosz Pilarczyk
Keyword(s):  
Nineteenth Century ◽  
Separation Of Powers ◽  
The State ◽  
Early Nineteenth Century ◽  
The Republic ◽  
The Government ◽  
The Right

One of the aspects of the principle of separation of powers in the state is control of the executive by the legislature. As regards the Polish lands in the early nineteenth century, we can speak about Polish parliamentarism only in the Duchy of Warsaw, the Kingdom of Poland and the Republic of Cracow. Although these states did not recognize the principle of parliamentary accountability, their parliaments voiced criticism of the authorities and there occurred the problem of controlling the executive. Parliament of the Duchy of Warsaw tried to usurp this right itself. Parliament of the Kingdom of Poland claimed the right to charge a civil officer of the government with crimes committed while in office. In that state the ability to control emerged during the November Uprising. In the Republic of Cracow all attempts at obtaining the right of control encountered the objection on the part of three supervising neighbours (Russia, Prussia, and Austria).  

scholarly journals Afterlives of the Republic of Letters: Learned Journals and Scholarly Community in the Early Nineteenth Century

2020 ◽  
Vol 5 (1) ◽  
pp. 82-116
Author(s):  
Floris Solleveld
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
The State ◽  
Early Nineteenth Century ◽  
Republic Of Letters ◽  
Scholarly Community ◽  
The Republic ◽  
Changing Role

Abstract What happened to the Republic of Letters? Its history seems to stop at the end of the eighteenth century. And yet, in the nineteenth century, there still existed a community gathered in scholarly societies, maintaining a transnational correspondence network and filling learned journals. The term indeed becomes less frequent, but does not go entirely out of use. This article traces the afterlives of the Republic of Letters in the early nineteenth century. Specifically, it investigates texts that attempt to (re)define the Republic of Letters or a cognate, the wider diffusion of the term, and the changing role of learned journals in that period. While most attempts to reinvent the Republic of Letters failed miserably, they indicate a diagnosis of the state of learning and the position of scholars in a period of transition, and in doing so they contradict an ‘unpolitical’ conception of the Republic of Letters.

POLOŽAJ VLADE U USTAVNO-PRAVNOM SISTEMU REPUBLIKE SRBIJE

2021 ◽  
pp. 201-213
Author(s):  
Anika Kovačević ◽  
Keyword(s):  
Separation Of Powers ◽  
The State ◽  
Executive Power ◽  
Control Mechanisms ◽  
State Administration ◽  
The Republic ◽  
The Government ◽  
Constitutional System ◽  
And Control ◽  
Relationship Of

The author analyzes the composition, affairs and tasks of the Government, as well as the Government's attitude towards the National Assembly, the President of the Republic and the state administration, in order to more precisely normative position the Government as the bearer of executive power in the constitutional system of Serbia. The Government of the Republic of Serbia, together with the state administration, represents an extremely complex, fundamentally important system for the functioning of the institutional, legal and political order of our country. Building a legitimate and efficient relationship of cooperation with these bodies, while respecting the competencies and control mechanisms of the Government provided by the Constitution and laws, is a necessary factor in further upgrading Serbia as a state governed by the rule of law, achieving the principle of separation of powers in Serbia.

Archaeology and the Liberal Revolutions (c. 1820–1860): Nation, Race, and Language in the Study of Europe’s Past

2007 ◽  
Author(s):  
Margarita Diaz-Andreu
Keyword(s):  
Nineteenth Century ◽  
French Revolution ◽  
The State ◽  
Ancien Regime ◽  
Early Nineteenth Century ◽  
Territorial Expansion ◽  
Old Order ◽  
Financial Growth ◽  
The Right ◽  
Ancien Régime

There was no return to the Ancien Régime after Napoleon’s downfall in 1815. Firstly, the early nineteenth-century economy was increasingly strengthened by the industrial, imperial and trading expansion of the European powers throughout the world (Chapters 5 to 10), which helped to stimulate Western Europe’s financial growth. Adding immeasurable impetus to this movement was the territorial expansion of Russia and the US, and later in the century other countries such as Japan contributed by broadening their frontiers manifold (Chapters 9 and 10). Factors such as these accelerated the enlargement and aspirations of the middle classes, who were precisely the group leading most of the revolutionary activity in the first half of the nineteenth century. Secondly, the reforms in administration made the state machine more efficient than that of the Ancien Régime and this impeded a full restoration of the old order. Also, for the efficient functioning of the state, the enthusiasm with which educated individuals identified with the nation was extremely important to ensure their loyalty. The late eighteenth and early nineteenth-century socio-political revolutions had brought a series of new meanings to concepts such as conservatism, liberal, democrat, party, and the distinction between left and right (Roberts 1996: 21). For example, liberalism was a doctrine that favoured ‘progress’ and ‘reform’. It was also linked with the type of nationalism that the French Revolution had promoted with the sovereignty of nations and the belief that all citizens were equal in the eyes of the law (although at this time ‘citizenship’, as propagated by the proponents of this doctrine, mainly meant the prosperous classes and male citizens). For progressive liberals, it was not only the established states that had the right to be a nation. The nationalist sentiments and claims by Greeks, Slovaks, Czechs, Brazilians, Mexicans, Hungarians, and a myriad of would-be nations, illustrate the growth of the widespread notion of nationhood that reached to other people with distinctive pasts and cultures. Liberals also had to confront, or negotiate with, the reactionary forces that brought down Napoleon in 1815. They were mainly made up of the nobility, and also supported by conservative intellectuals.

scholarly journals PENERAPAN PRINSIP KEPENTINGAN UMUM TERHADAP KEBERADAAN TANAH TERLANTAR DI INDONESIA

2017 ◽  
Vol 6 (3) ◽  
pp. 383
Author(s):  
Nyoman Arif Budiman
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
The State ◽  
Third Party ◽  
Common Interest ◽  
Conceptual Approach ◽  
The People ◽  
The Republic ◽  
The Government ◽  
The Right

This journal shall be entitled as " Implementation Of Public Interest Principles To Neglected Land In Indonesia".The existence of the land on earth must be beneficial both for the welfare and happiness that has it and for the people and the state. The purpose of this study is to know and understand the absolute limits of property rights to land; and want to understand the relationship between the principle of public interest in land. The method in this research is normative by using  conceptual  approach and statute approach. This journal’s preparation is done by legal research, and the approach method being used in this journal shall be used is the combination of the statute approach and the conceptual approach. The result of this research is the essence of the principle of public interest to the land is to create development based on the principle of humanity in the balance as stipulated in the 1945 Constitution of the Republic of Indonesia. The exemption of land rights is caused by public and private interest with the provision of compensation and guided by the principle of musyawarah. While the revocation of land rights is the spirit of the provisions of Article 18 of the Basic Agrarian Laws states that for the interest of the state and the state and the common interest of the people of the right to land may be revoked by compensation. The legal effort that a third party can take to exploit the state land (abandoned land) is to apply the right to the government (Provincial or Regency / City Land Office). Jurnal ini mengambil julul “Penerapan Prinsip Kepentingan Umum Terhadap Terlantar. Keberadaan atas tanah di muka bumi ini  harus bermanfaat baik bagi kesejahteraan dan kebahagiaan yang mempunyainya maupun bagi masyarakat dan negara. Tujuan dari penelitian ini ialah ingin mengetahui dan memahami batas-batas absolut dari hak milik  terhadap tanah; dan ingin memahami hubungan antara prinsip kepentingan umum atas tanah. Jurnal ini mengangkat permasalahan yang juga menjadi tujuan penulisan yaitu apa hakikat kepentingan umum atas tanah dan apa upaya hukum yang dapat dilakukan oleh pihak ketiga terhadap tanah terlantar. Penyusunan jurnal ini dilakukan dengan tipe penelitian normatif dan menggunakan pendekatan peaturan perundang-undangan dan pendekatan konsep. Hasil dari penelitian ini adalah Hakekat dari prinsip kepentingan umum terhadap tanah ialah untuk menciptakan pembangunan yang berlandaskan asas perikemanusiaan dalam keseimbangan sebagaimana diatur dalam UUD NRI tahun 1945. Pembebasan hak atas tanah disebabkan oleh kepentingan umum dan swasta dengan pemberian ganti rugi dan berpedoman pada asas musyawarah. Sedangkan pencabutan hak atas tanah merupakan semangat dari ketentuan Pasal 18 UUPA menggariskan bahwa untuk kepentingan bangsa dan negara serta kepentingan bersama (hanya untuk kepentingan umum) dari rakyat hak atas tanah dapat dicabut dengan memberikan ganti kerugian. Upaya hukum yang dapat dilakukan pihak ketiga untuk dapat memanfaatkan tanah negara (tanah terlantar) ialah melakukan permohonan hak kepada kepada pemerintah (Kantor Pertanahan Provinsi atau Kabupaten/Kota).

scholarly journals KEKUASAAN DEWAN PERWAKILAN RAKYAT DALAM PENGGUNAAN HAK ANGKET MENURUT UNDANG-UNDANG DASAR 1945

Solusi ◽  
2019 ◽  
Vol 17 (3) ◽  
pp. 303-316
Author(s):  
Evi Purnamawati
Keyword(s):  
House Of Representatives ◽  
Separation Of Powers ◽  
Government Policies ◽  
Conceptual Approach ◽  
State Institutions ◽  
Legislative Oversight ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Research Type

This study analyzes the power of the questionnaire rights of the House of Representatives of the Republic of Indonesia. The House of Representatives is a House of Representatives and holds the power to form laws. The House of Representatives has the functions of legislative and legislative oversight. This research uses research methods using the method of literature (ribarary research). Type of normative juridical research through approaching legislation and conceptual approach of the research results of the House of Representatives, which essentially has the power to form the current law, the power began to widen towards supervision and budget, actually with the oversight function of the House of Representatives (DPR) towards the executive in practice the meaning of the teaching of separation of powers began to shift, the teaching of separation of powers between state institutions must not intervene with one another. In carrying out its functions the DPR has the right of Interpellation which is the right to request information from the Government in handling Government policies that have an impact on the life of society and the state. In addition, the DPR has the Right to Question, namely the Right to Investigate Government policies that are alleged to be in conflict with laws and regulations and express opinions outside the institution. Members of the DPR have the right to submit draft laws, ask questions, submit proposals and opinions, defend themselves, the right of immunity, and the right to protocol. The recommendation of this research is that the writer suggests that the DPR should make the regulation on questionnaire rights clearer especially about the process of using the questionnaire right so that there is no multi-interpretation so that violations do not occur in the process of using the inquiry right.

A Tree Under Whom to Seek Shelter: Royal Justice and the Right of Sanctuary in Sinnār

2011 ◽  
Vol 54 (3) ◽  
pp. 353-369
Author(s):  
Jay Spaulding
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Arabic Language ◽  
Nile Valley ◽  
Early Nineteenth Century ◽  
The Government ◽  
The Right

Abstract The Islamic Nubian kingdom of Sinnār dominated the northern Nile-valley Sudan from about 1500 to 1821. During the eighteenth century the government began to issue official documents in the Arabic language. Of these, about seventy are known to exist today. The present study examines an extended dispute over landholding near the Nile confluence that generated a series of official documents. Specifically, it considers a pair of unusual early nineteenth-century records that document the invocation of the right of sanctuary by the leader of the defeated party.

scholarly journals A Consistent Inconsistency—An Interpretationof Sections 23 and 56(1) of the Charter of Human Rights and Freedoms of Québec

2016 ◽  
Vol 28 (3) ◽  
pp. 379-403
Author(s):  
Barbara Pierre
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Attorney General ◽  
Supreme Court Decision ◽  
The State ◽  
Fundamental Rights ◽  
The Law ◽  
The Difference ◽  
The Government ◽  
The Right

The writer advocates the view that courts interpret statutes so as to achieve their aim; that being justice in the case: as between the parties and in respect of the law. This is identified as the common thread that explains the apparent erratic behaviour of the courts in their use of the various methods or rules of interpretation. The Supreme Court decision, Attorney General of Québec v. 2747-3174 Québec Inc., is analysed against the background of this theory and is seen to give support to it. The court is shown to use various rules of interpretation, which lead the majority to a wide, and the minority to a narrow, interpretation of the Charter of Human Rights and Freedoms of Québec. Yet it is clear that in both cases the rules are merely a means to an end: justice as between the parties and in respect of the law. In context of the case, this means establishing a balance between the competing interests of the State and the citizen that conforms to the law relating to fundamental rights and in particular, the Charter of Human Rights and Freedoms of Québec. As far as the State is concerned, it has a vested interest in confirming the constitutionality of its many administrative tribunals, which play an essential role in enabling the State to discharge its responsibility to govern. Citizens, on the other hand, need to be protected from the violation of their rights, in particular the right to an independent and impartial tribunal in matters relating to the determination of their rights and obligations, or charges brought against them. The Charter must be interpreted so that, in its scope and content, it gives real protection, but, consistent with the separation of powers doctrine, the interpretation must not amount to a usurpation by the courts of the role of the government to govern. The writer concludes that the opposing conclusions of the majority and minority are more a consequence of the difference in the opinion of the judges as to the manner in which the balance should be struck, as opposed to the rules of interpretation used by them.

scholarly journals Endangering the principle of secularity with new legal solutions in the Republic of Serbia

2021 ◽  
Vol 55 (3) ◽  
pp. 751-770
Author(s):  
Miljan Lazović ◽  
Dušan Ilić
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
The State ◽  
Religious Communities ◽  
The Republic ◽  
The Government ◽  
The One ◽  
The Right ◽  
The Relationship ◽  
The Church

In this paper, the authors deal with the analysis of new antidiscrimination legal solutions proposed by the Ministry of Human and Minority Rights and Social Dialogue of the Government of the Republic of Serbia, which would redefine the relations between the state and the church. The focus of the research will be especially on those solutions that could threaten, on the one hand, the principle of secularity, and on the other hand, some of the fundamental human rights, such as the right to freedom of thought, conscience and religion. The solutions proposed by the amendments to the Law on Prohibition of Discrimination, it seems, could be problematic from the standpoint of guaranteeing certain fundamental human rights and freedoms, but also the autonomy of churches and religious communities. Some of the proposals made by the Ministry could be seen as an attempt to return the verbal offence to the Serbian legal system. Accordingly, the authors will try to re-examine the possible impact of changes in antidiscrimination legislation on the relationship between the state and the church, but also on the possible suppression of religious rights and freedoms in the Republic of Serbia in the coming period.

The Lancashire “Rising” of 1826

1994 ◽  
Vol 26 (4) ◽  
pp. 601-621
Author(s):  
David Walsh
Keyword(s):  
Nineteenth Century ◽  
Great Britain ◽  
The State ◽  
Industrial Workers ◽  
Early Nineteenth Century ◽  
Trade Cycle ◽  
North West ◽  
Physical Representation ◽  
Working People ◽  
The Government

In early April 1826, William Huskisson, President of the Board of Trade, wrote to the Home Secretary, Robert Peel, a gloomy picture of the state of essential foodstuffs in the domestic market: “there is a very serious deficiency in every article of produce even in Great Britain. Unfortunately, that deficiency is most alarming in those crops which are the food of the lowest classes—potatoes and oats. It is further unfortunate that the falling off is likely to be greatest in the parts where the lowest classes most abound…my opinion, founded on these and other considerations, is that some immediate measures ought to be taken.” In the industrial north west this dearth of essential foodstuffs coincided with one of the sharpest downturns in the trade cycle seen thus far in the nineteenth century. What Huskisson sought was some lessening in the application of the Corn Laws “immediately,” and that the question be given priority in Cabinet discussions. But his warning was ignored, the government failed to act, and the result was one of the most serious industrial disturbances of the early nineteenth century.This article recounts the details of the disturbances themselves, but it also attempts to locate the context of the disputes in a wider historical framework than a traditional one offered by historians, namely, the imposition of new machinery. Although scholars have noted the deteriorating conditions facing industrial workers at this time their narratives have focused on the destruction of machinery. John Stevenson, for example, concedes that the disturbances were not the “blind violence they have been painted,” however, it is implicit in his approach that he views the machines as the weavers' sole target, for he ends by saying that the riots were “ineffective” as the manufacturers quickly brought in new looms. It is important to show that this episode was not mere mindless violence; it was linked to a wider set of circumstances that affected the lives of working people. Although the power looms were the physical representation of the plight of the weavers, and thus rife for attack, their targets were not only the employers and governors of their locality.

Some aspects of the idea of unity V. Solovyov and the present

2000 ◽  
pp. 20-25
Author(s):  
O. O. Romanovsky
Keyword(s):  
Nineteenth Century ◽  
National Policy ◽  
The State ◽  
Place Of Residence ◽  
The Government ◽  
The University ◽  
Temporary Closure

In the second half of the nineteenth century, the nature of the national policy of Russia is significantly changing. After the events of 1863 in Poland (the Second Polish uprising), the government of Alexander II gradually abandoned the dominant idea of ​​anathematizing, whose essence is expressed in the domination of the principle of serving the state, the greatness of the empire. The tsar-reformer deliberately changes the policy of etatamism into the policy of state ethnocentrism. The manifestation of such a change is a ban on teaching in Polish (1869) and the temporary closure of the University of Warsaw. At the end of the 60s, the state's policy towards a five million Russian Jewry was radically revised. The process of abolition of restrictions on travel, education, place of residence initiated by Nicholas I, was provided reverse.

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