Theory of Government and Rights

2021 ◽  
Author(s):  
Gennadiy Pracko
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
The State ◽  
Law Students ◽  
The Rule Of Law ◽  
Basic Concepts

In the textbook, in accordance with the requirements of the curriculum of the course, the basic concepts, categories, current issues concerning theories of state and law. At the same time, attention is focused on the problems state and law in the conditions of the formation and development of civil society and the rule of law. The textbook is intended for law students. This publication can be useful for everyone who is interested in the problems of the state. and rights

scholarly journals Formation of a Developed Civil Society as the Main Direction of Development of the Modern Kyrgyz State

2021 ◽  
Vol 7 (3) ◽  
pp. 274-280
Author(s):  
T. Imankulov ◽  
T. Kongantiev
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
The State ◽  
Main Direction ◽  
Constitutional Reform ◽  
International Standards ◽  
Kyrgyz Republic ◽  
The Rule Of Law ◽  
Current State

The authors analyze the current state of civil society in the Kyrgyz Republic and its contribution to the processes of democratic transformations in the state, including the fight against corruption and constitutional reform. The conclusion is made that some political scientists underestimate the level of development of civil society in the Kyrgyz Republic. The authors analyzed the shortcomings of the draft of the new Constitution of the Kyrgyz Republic for their compliance with international standards of the rule of law.

Sociedad Civil, Estado De Derecho Y Justicia Constitucional. El Rompimiento De Paradigmas Y La Generación De Nuevos Retos

Xihmai ◽  
2019 ◽  
Vol 13 (26) ◽  
Author(s):  
Francisco Jaime Hidalgo González [1]
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Public Sphere ◽  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Derechos Humanos ◽  
Constitutional Justice ◽  
Investigación Cualitativa ◽  
Sociedad Civil

ResumenA partir de la reforma constitucional de junio de 2011, la obligación del Estado, desde su actuar integral de garantizar y tutelar los derechos humanos, generó una nueva dimensión desde la cual debemos entender y construir el Estado de Derecho. La Justicia Constitucional tiene como fines principales mantener la supremací­a constitucional, el equilibrio entre los poderes del Estado y la protección de las personas limitando el ejercicio de poder polí­tico a través de la aplicación de dos principios sustantivos y procedimentales: el principio de constitucionalidad y el principio de convencionalidad.Palabras clave: Estado, Sociedad Civil, Esfera Pública, Estado de Derecho, Justicia Constitucional, Derechos Humanos.AbstractSince the constitution reform of june 2011 the obligation of the State from his responsibility of guarantee and protect human rights generated a new dimension from which we must understand and build the Rule of Law. The Constitutional Justice has as main goals keep the constitutional supremacy, the balance between the powers of the State and the protection of the individuals by limiting the exercise of political power through the application of the principles of constitutionally and conventionality.Keywords: State, Civil Society, Public Sphere, Rule of Law, Constitutional Justice, Human Rights.    [1] Egresado de la Licenciatura en Derecho de la Universidad La Salle Pachuca. Profesor de Derecho Constitucional y Procesal Constitucional en la misma Universidad. Cuenta con estudios sobre Sociedad Civil e Instituciones Democráticas, Metodologí­as de Investigación Cualitativa y Cuantitativa, desarrollo de análisis legislativo, así­ como para la planeación, implementación y evaluación de Indicadores de Gestión y Evaluación de Polí­ticas Públicas. Ha publicado diversos artí­culos académicos sobre Ciudadaní­a, Democracia, Derechos Humanos, Análisis Constitucional y Comportamiento Electoral. Es miembro del Centro de Estudios Constitucionales y Derechos Humanos del Estado de Hidalgo.

State Strategies of Resisting Social Accountability

2013 ◽  
Vol 27 (4) ◽  
pp. 727-742 ◽  
Author(s):  
Mihai Varga
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Social Accountability ◽  
The State ◽  
New Democracies ◽  
The Rule Of Law ◽  
Wide Range ◽  
Legal Mandates ◽  
Containment Measures ◽  
Public Opposition

This article contributes to growing research about the emergence of the rule of law, or horizontal accountability, still a salient difference between Western institutionalized democracies and the new democracies in post-communist Eurasia. Recent research has theorized “social accountability” as a possible mechanism linking public campaigning by civic associations with the activation of institutions of horizontal accountability. By reviewing the recent public campaigns of various associations in post-Soviet Ukraine, this article “turns the lens” of such research by focusing less on the characteristics of the civil society actors mobilizing to bring about accountability and more on the state itself. It argues that the prospects for horizontal accountability have to be judged against a wide range of containment measures that states attempt in order to demobilize public opposition to their policies. Such measures operate through “twisted legality,” a set of measures policing protests through means that are largely legal but specifically target protesters in ways that could not function were state powers indeed separated (for instance, if the police apparatus were to operate on the basis of legal mandates issued by independent courts). Furthermore, the goal of policing actions is to push protesters “out of legality,” in ways that I describe below.

The Principles of Constitutionalism

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Separation Of Powers ◽  
Limit State ◽  
Well Being ◽  
The State ◽  
The Rule Of Law ◽  
Constitutional State ◽  
The Relationship

In this follow-up volume to the critically acclaimed Constitutional State, Nick Barber explores how the principles of constitutionalism structure and influence successful states. Far from acting exclusively as a mechanism to limit state powers, Barber contends that constitutionalism and its associated principles require that the state be structured to advance the well-being of its people. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles—sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society—casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the six principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

scholarly journals Judicial reform as a tool for increase efficiency of legal protection of individuals

2021 ◽  
Vol 5 (2) ◽  
pp. 16-32
Author(s):  
A. V. Malko ◽  
S. F. Afanasiev ◽  
V. A. Terekhin
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Protection ◽  
The State ◽  
Judicial System ◽  
Maximum Efficiency ◽  
Judicial Reform ◽  
The Rule Of Law ◽  
Conceptual Foundations

The subject. The authors analyze the process and results of 30 years of reforming judicial activity in contemporary Russia, formulate and substantiate the conceptual foundations of promising transformations and specific proposals for continuing the reform, increasing the efficiency of the judicial system and protecting human rights, freedoms and legitimate in-terests.The purpose is to confirm or disprove hypothesis that the Russian judicial reform needs to be adjusted in order to remain the most important factor in building the rule of law and civil society.The research methodology includes the methods of analysis and synthesis, historical, com-parative legal and formal legal methods.The main results, scope of application. The court is one of the most democratic and civilized tools for resolving social conflicts and protecting human interests. Judicial reform is a con-ceptually formed, cardinal and progressive transformation carried out in the historical pe-riod in order to organize the optimal model of the judicial system and achieve maximum efficiency of its functioning to protect the rights and freedoms of the individual, the inter-ests of society and the state. The Russian court was transformed, became the real judiciary power and took its place in the state mechanism during the reform period. The judicial sys-tem was built on new principles, procedural legislation was updated, a number of other measures were taken to improve the status of the court and its role in society. It is necessary to generalize the existing practice and regulate all problematic aspects of the formation of the judicial corps at the legislative level. We need to make this process clear and transpar-ent. Justice as a social and legal value and a significant international goal of sustainable development should be implemented in Russian domestic policy and strategic projects. The strategy and tactics of digital transformation of judicial activity, more active introduction of modern tools in it, while ensuring human rights and freedoms in this process, are particu-larly in demand in the context of the coronavirus pandemic,The conclusion is made that judicial reform is the most important factor in building the rule of law and civil society. However, it has not been completed and its potential for social influence has not been exhausted. Therefore, conceptual foundations and specific proposals for further transformations, increasing the efficiency of the judicial system in order to protect human rights, freedoms and legitimate interests have been formulated and substantiated.

scholarly journals THE IMPORTANCE OF PUBLIC CONTROL IN BUILDING A DEMOCRATIC STATE BASED ON THE RULE OF LAW AND THE FORMATION OF CIVIL SOCIETY AND IN THE MANAGEMENT OF SOCIETY

2021 ◽  
Vol 01 (01) ◽  
pp. 4-8
Author(s):  
Jaloliddin Ne'matjonovich Polvanov ◽  
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Public Control ◽  
The Public ◽  
Direct Participation ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Democratic State

This article discusses the formation of views on a democratic state governed by the rule of law and civil society. The article also discusses the state guarantees and support for the protection of non-governmental organizations. In legal democracies, strong governance is largely the responsibility of civil society institutions. At the same time, the direct participation of the public in the implementation of governance will be expanded. A self-governing society is based on strong non-governmental structures.

scholarly journals Community policing as characteristic of the modern state governed by the rule of law

2019 ◽  
Vol 2019 (4) ◽  
pp. 26-36
Author(s):  
Kirill Lavrinovich
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Public Relations ◽  
Rule Of Law ◽  
Community Policing ◽  
The State ◽  
Practical Significance ◽  
Modern State ◽  
The Rule Of Law ◽  
The Law

The relevance of the research topic are conditioned by the theoretical and practical significance of issues affecting the theoretical, methodological, sociopolitical and practical aspects of the problem of the interaction between the police and civil society institutions in the state governed by the rule of law. These questions are connected with the need to comprehend modern practice to develop new conceptual provisions and dogmatic decisions that are appropriate to the modern conditions. During historiographical analysis it was revealed that the experience of interaction between the police and civil society institutions in the modern states governed by the rule of law in the implementation of the law enforcement function of the state has not been adequately studied and evaluated. The object, subject and purpose of the study were determined in accordance with the current state of legal science. The object of the study was public relations that arise in the field of ensuring the protection of public order, freedom and security of society, state and individual. Police that carries out law enforcement activities on a professional basis and citizens who are actively involved in the implementation of the law enforcement function in the modern state are the subjects of these public relations. Ideas about the main directions and forms of cooperation between police and citizens in the implementation of the law enforcement function of modern states have formed the subject of research. The aim of the study was theoretical and legal analysis of the concept of community policing, which today is the basis for the interaction between the police and civil society institutions in the implementation of the law enforcement function in many modern states. The research methodology was a combination of general scientific (historical, systemic and functional) and special (formal-legal, historical-legal, sociological, comparative state science) methods. The result of the study was the conclusion that the concept of community policing is based on the activities of authorized police agencies to implement the law enforcement function in a modern state governed by the rule of law. These activities are aimed at implementing a model of social partnership and focused on solving specific problems that arise in society.

scholarly journals Access to Justice and the Legal Complex: Building a Public Defenders’ Office in Brazil

2020 ◽  
Vol 12 (2) ◽  
pp. 155-176
Author(s):  
Rodrigo M. Nunes
Keyword(s):  
Civil Society ◽  
Latin American ◽  
Rule Of Law ◽  
Political Influence ◽  
The State ◽  
Access To Justice ◽  
The Rule Of Law ◽  
Public Defenders ◽  
Political Position ◽  
Complex Building

Latin American democracies have developed institutions to empower citizens against the state. This article brings attention to an often overlooked, but key, actor in these processes: the legal complex. I argue that the content of reforms designed to strengthen the rule of law partially reflects the interests of politically influential collective legal actors. Political influence is defined as a function of alliances with civil society and embeddedness within decision-making arenas of the state. To develop this argument, the article analyses the slow building of Brazil’s Public Defenders’ Office (PDO). I argue that the office’s initial institutional weakness resulted from defenders’ fragile political position relative to that of prosecutors and the bar during Brazil’s constitutional transition. Its eventual strengthening sixteen years later resulted from changes to the legal complex alliance in its favour, the formation of connections between defenders and civil society, and increased PDO access to policymaking spaces.

A Foucauldian Defense of the State: Blandine Kriegel and the État de Droit

2021 ◽  
pp. 1-25
Author(s):  
Michael C. Behrent
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Political Thought ◽  
Power Relations ◽  
The State ◽  
Legal Rights ◽  
Modern State ◽  
The Rule Of Law ◽  
Political Debates ◽  
Political Philosopher

This paper examines the career and thought of French political philosopher Blandine Kriegel (b. 1943) from the standpoint of the most striking paradox they present: though she was a student of Michel Foucault, who was famous for his critique of central role that political thinking has traditionally accorded the state, Kriegel has, since the mid-1970s, been one of the foremost champions of the concept of état de droit—the state as the embodiment of the “rule of law”—in French political debates. At a time when post-1968 critics of Marxism and totalitarianism (notably the so-called nouveaux philosophes) were arguing that states were inherently despotic, Kriegel mounted an original defense of the state, which, she argued, had played a central role in establishing legal rights that freed individuals from the “slavery” of civil society. She was able to do this, in part, by drawing on several suggestive elements found in Foucault's work: his concept of biopolitics, the claim that individuals and subjectivity are constituted through power relations, and the insight that war and sovereignty represent alternative ways of conceptualizing power. In this way, she used aspects of Foucault's political thought to arrive at a decidedly non-Foucauldian appreciation of the modern state.

Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

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