scholarly journals Constitutionalized But Not Constitute: The Case of Right to Social Security in Indonesia

2020 ◽  
Vol 6 (2) ◽  
pp. 241
Author(s):  
Stefanus Hendrianto
Keyword(s):  
Economic Growth ◽  
Comparative Analysis ◽  
Social Security ◽  
Social Economic ◽  
Theoretical Framework ◽  
The Political ◽  
Theoretical Frameworks ◽  
Economic Rights ◽  
The Government ◽  
The Right

Previous studies on the development of socio-economic rights in Indonesia heavily focus on the Constitutional Court’s decisions in upholding the rights. But there is still minimum study on the political economy behind the development of socio-economic rights in Indonesia. This article will analyze the development of socio-economic rights through the lenses of the right to social security. This article relies on two major theoretical frameworks to analyze the development of the right to social security in Indonesia. The first theoretical framework is the authoritarian constitutionalism in the economic sphere. The second theoretical framework in this article is Kathrine Young’s theory of the construction of socio-economic rights. This article postulates that the rights to social security has been constitutionalized but not constituted in Indonesia for several reasons. First, and foremost, the legacy of authoritarian constitutionalism that prioritizing economic growth over the fulfilment of social economic rights. The “growth” ideology has contributed to the discrepancy between the constitution and reality, in which the government merely considers protection of socio-economic rights as extra cost, which will hamper the growth of the economy. Second, the lack of philosophical and comparative analysis in the interpretation of rights to social security. Third, the transformation of the Court as a detached court in the enforcement of the rights to social security. The element of detachment is clearly seen in the Court’s too much deferral to the Executive and Legislative branches in defining the scope and meaning of the right to social security. Finally, the failure of social movement to create a new narrative on injustice and the importance of rights to social security.

Nazistowski mord na Żydach w prasie polskich komunistów (1942–1944).

2006 ◽  
pp. 54-75
Author(s):  
Klaus Peter Friedrich
Keyword(s):  
Shared Responsibility ◽  
The Political ◽  
Right Wing ◽  
Social Democrats ◽  
The Social ◽  
The Government ◽  
Post War ◽  
Polish Government ◽  
The Right ◽  
Political Right

Facing the decisive struggle between Nazism and Soviet communism for dominance in Europe, in 1942/43 Polish communists sojourning in the USSR espoused anti-German concepts of the political right. Their aim was an ethnic Polish ‘national communism’. Meanwhile, the Polish Workers’ Party in the occupied country advocated a maximum intensification of civilian resistance and partisan struggle. In this context, commentaries on the Nazi judeocide were an important element in their endeavors to influence the prevailing mood in the country: The underground communist press often pointed to the fate of the murdered Jews as a warning in order to make it clear to the Polish population where a deficient lack of resistance could lead. However, an agreed, unconditional Polish and Jewish armed resistance did not come about. At the same time, the communist press constantly expanded its demagogic confrontation with Polish “reactionaries” and accused them of shared responsibility for the Nazi murder of the Jews, while the Polish government (in London) was attacked for its failure. This antagonism was intensified in the fierce dispute between the Polish and Soviet governments after the rift which followed revelations about the Katyn massacre. Now the communist propaganda image of the enemy came to the fore in respect to the government and its representatives in occupied Poland. It viewed the government-in-exile as being allied with the “reactionaries,” indifferent to the murder of the Jews, and thus acting ultimately on behalf of Nazi German policy. The communists denounced the real and supposed antisemitism of their adversaries more and more bluntly. In view of their political isolation, they coupled them together, in an undifferentiated manner, extending from the right-wing radical ONR to the social democrats and the other parties represented in the underground parliament loyal to the London based Polish government. Thereby communist propaganda tried to discredit their opponents and to justify the need for a new start in a post-war Poland whose fate should be shaped by the revolutionary left. They were thus paving the way for the ultimate communist takeover

scholarly journals Crónica de jurisprudencia laboral internacional. Julio / diciembre 2016 = Chronicle of international labor jurisprudence. July / december 2016

2017 ◽  
Vol 9 (2) ◽  
pp. 593
Author(s):  
Ángel Arias Domínguez
Keyword(s):  
Social Security ◽  
Professional Services ◽  
Public Employment ◽  
Criminal Proceedings ◽  
Freedom Of Association ◽  
International Protection ◽  
Provision Of Services ◽  
Civil Execution ◽  
The Government ◽  
The Right

desproporcionado del precepto penal que castiga las coacciones de los piquetes informativos termina con una serie de recomendaciones al Gobierno para que informe al Comité sobre el devenir de los procedimientos penales todavía abiertos, interesándose, particularmente, por determinadas procedimientos que terminaron con condenas penales.El Tribunal de Justicia de la Unión ha dictado seis resoluciones que afectan a España en el período de referencia, sobre los siguientes temas: discriminación de los funcionarios interinos para acceder a complementos económicos solamente destinados para funcionarios de carrera; efectos jurídicos de la reiteración de contratos de duración determinada; calificación de la prestación de servicios de duración determinada; calificación jurídica de relación de servicios profesionales de duración determinada y abono de indemnización por extinción del vínculo contractual; discriminación por razón de edad para el acceso al empleo público (policía); y despido disciplinario en situación de incapacidad temporal de larga duración.En el ámbito del TEDH tres resoluciones han sido relevantes. Una referida a la incorrecta ejecución civil de un bien de los dos ex–esposos por deudas contraídas con la Tesorería General de la Seguridad Social; otra relativa a la incorrecta ejecución de una movilidad de funcionarios, con graves perjuicios para uno de ellos, y una tercera referida a la denegación de una solicitud de asilo basada en ser perseguida la solicitante en su país de origen por su condición sexual.Palabras clave: reprensión penal del derecho de huelga y protección internacional del derecho a la libertad sindical, imposibilidad de acceso del funcionario interino a complementos económicos típicos del funcionario, reiteración fraudulenta de contratos de duración determinada, calificación de la prestación de servicios de duración determinada para diversas administraciones públicas, relación laboral de duración determinada y abono de indemnización por extinción del contrato, discriminación por razón de edad para el acceso al empleo público (policía), despido en situación de incapacidad temporal de larga duración, ejecución de un bien por deudas contraídas con la Seguridad Social, traslado de funcionarios y derecho a renunciar al solicitado y no concedido definitivamente, solicitud de asilo basada en su condición sexual.Abstract: The complaint to the Committee on Freedom of Association regarding the disproportionate use of the penal provision which punishes the coercion of information piques ends with a series of recommendations to the Government to inform the Committee on the evolution of criminal proceedings still open, For certain procedures that ended with criminal convictions.The Court of Justice of the Union has issued six resolutions affecting Spain in the reference period, on the following subjects: discrimination against temporary staff to access economic supplements only for career officials; Legal effects of the repetition of fixed-term contracts; Qualification of the provision of fixed-term services; Legal qualification of relation of professional services of determined duration and payment of indemnification by extinction of the contractual link; Discrimination on grounds of age for access to public employment (police); And disciplinary dismissal in situations of long-term incapacity.Within the scope of the ECHR, three rulings have been relevant. One related to the incorrect civil execution of a property of the two ex-spouses for debts contracted with the General Treasury of the Social Security; One relating to the incorrect execution of a mobility of civil servants with serious detriment to one of them and a third relating to the refusal of an application for asylum based on the applicant being persecuted in his country of origin for his sexuality.Keywords: criminal rebuke of the right to strike and international protection of the right to freedom of association, impossibility of access of the temporary official to economic complements typical of the official, fraudulent repetition of fixed-term contracts, qualification of the provision of services of determined duration for diverse public administrations, fixed-term employment relationship and payment of compensation for termination of the contract, discrimination on grounds of age for access to public employment (police), dismissal in situation of temporary incapacity of long duration, execution of a good for debts contracted with Social Security, transfer of officials and right to waive the requested and not granted definitively, application for asylum based on your sexual status.

scholarly journals Hungary: Orban’s atypical programme of solving the crisis

2011 ◽  
Vol 63 (2) ◽  
pp. 297-319
Author(s):  
Misa Djurkovic
Keyword(s):  
Economic Reform ◽  
Economic Situation ◽  
The Political ◽  
Opposition Party ◽  
Socialist Government ◽  
Long Time ◽  
The Government ◽  
The Right

The article deals with the political and economic situation in Hungary in the last several years. The author firstly points to the causes of decline of influence of the previous socialist government and the heavy defeat of the socialists in the 2010 elections and the success of the right party Fidesz. After winning the elections, the Viktor Orban government started, at an accelerated rate, to implement the pre-election programme of Fidesz that had been prepared for a long time while it was an opposition party. The author is of the opinion that this programme is atypical, very radical and unique by many characteristics in the Europe of today. He points out that only a year after Fidesz victory the government and the parliament adopted quite a number of laws, a new Constitution and a set of risky measures of recovery that should lead to a substantial economic reform. The author particularly underlines the fact that the government decided to break of negotiation with IMF, reject its recommendations and try to overcome over-indebtedness by carrying out its own ideas.

scholarly journals Rektor C.J.L. Almqvist och personlighetsprincipen

2014 ◽  
Vol 1 (2) ◽  
pp. 43-61
Author(s):  
Annika Ullman
Keyword(s):  
Elementary School ◽  
The State ◽  
The Political ◽  
Individual Freedom ◽  
Pilot School ◽  
The Government ◽  
Existential Dimension ◽  
The Right ◽  
Liberal Culture

Principal C.J.L. Almqvist and the principle of personalityThe Swedish author and visionary Carl Jonas Love Almqvist (1793–1866) was the principal for twelve years (1829–1841) of the government-initiated pilot school ”Nya Elementarskolan” (New Elementary School) in Stockholm. In this position, he argued that both the school and the state should be built on the same basic idea: the right of individual freedom. This argument is often referred to as ”personlighetsprincipen” (the principle of personality), a concept launched by another prominent figure of the liberal culture of the time, Erik Gustaf Geijer (1783–1847). This article explores how the principle of personality is expressed in the texts of Almqvist and is mainly built upon the concept’s allegorical resources. It examines the thesis that Almqvist’s use of the term is best understood if one distinguishes between the political, pedagogical, and existential dimension of the concept. The article ends with some thoughts about the context of the concept and a discussion on whether Almqvist had a greater interest in personalities than in principles.

scholarly journals Fundamentos constitucionais da proteção social: continuidades e ruturas

2016 ◽  
Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Political Action ◽  
The Political ◽  
Constitutional Court ◽  
Universal Principles ◽  
The Social ◽  
Political Choices ◽  
The Right

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

The Political Economy of Gutswirtschaft: A Comparative Analysis of East Elbian Germany, Egypt, and Chile

1979 ◽  
Vol 21 (4) ◽  
pp. 483-518 ◽  
Author(s):  
Alan Richards
Keyword(s):  
Political Economy ◽  
Latin America ◽  
Comparative Analysis ◽  
Preliminary Report ◽  
Theoretical Framework ◽  
The Political ◽  
Central Chile

In many otherwise diverse societies, owners of large agricultural estates have paid their year-round workers with the use of a piece of land on which to produce their own subsistence crops. In a “preliminary report” Magnus Morner cited some eleven examples of this system in Europe, Latin America, and Africa. Although Mörner mentions different influences, he does not advance an argument to explain these systems. This essay seeks to contribute to our understanding of the political economy of these “labor rent” or “estate labor” systems. The paper is exploratory: previous approaches are considered, a theoretical framework is proposed, and some tentative hypotheses are presented. My evidence comes from three examples: the Insten system of East Elbian Germany from ca. 1750 to ca. 1860; the ‘izbah system of the Egyptian Delta from ca. 1850 to ca. 1940; and the pre-1930 inquilinaje system of Central Chile.

scholarly journals Government Spending and Non-Oil Economic Growth in the UAE

2019 ◽  
Vol 33 (1) ◽  
pp. 82-93
Author(s):  
Carole Ibrahim
Keyword(s):  
Economic Growth ◽  
Research And Development ◽  
Government Spending ◽  
Vector Autoregression ◽  
Public Institutions ◽  
Public Expenditures ◽  
The Government ◽  
The Right ◽  
Sustainable Economic Growth ◽  
The Relationship

Abstract The present paper studies empirically the relationship between government spending and non-oil economic growth in the UAE for the last four decades by using the vector autoregression (VAR) approach. The findings of the study suggest that the implementation of expansionary policy, through the intensification of current and development public expenditures, induces an increase in the non-oil economic growth during the subsequent periods of the government spending shock. Thus, the implementation of expansionary government spending stimulates the UAE economy, especially during recession periods. The study suggests that policymakers should concentrate their spending on the right projects, as well as on research and development. Moreover, they should channel their transfers and subsidies to the productive sectors, and they should ensure that higher productivity in public institutions is in conjunction with the rise in wages and salaries to achieve sustainable economic growth.

scholarly journals Realism and reflexivity: Morgenthau, academic freedom and dissent

2019 ◽  
Vol 26 (2) ◽  
pp. 321-343 ◽  
Author(s):  
Seán Molloy
Keyword(s):  
Academic Freedom ◽  
Vietnam War ◽  
Political Elite ◽  
The Political ◽  
Government Power ◽  
The Government ◽  
The Right ◽  
Effective Use ◽  
Hans Morgenthau

Primarily known as a pioneer of International Relations (IR) theory, Hans Morgenthau also wrote on a series of other political themes. Especially prominent in his later career is a concern with the right and duty of a theorist to exercise academic freedom as a critic of government power and, especially in this particular case, of US foreign policy. For Morgenthau the responsibility to hold governments to account by reference to the ‘higher laws’ that underpin and legitimize democracy in its truest form was a key function of the theorist in society. Dissensus and healthy debate characterize genuine democracy for Morgenthau who was perturbed by what he perceived to be a worrying concern with conformity and consensus among the political and academic elites of Vietnam War era America. This article investigates the theoretical and philosophical commitments that explain why Morgenthau felt compelled to oppose the government of his adopted state and the consequences of his having done so. For all the vicissitudes he endured, Morgenthau ultimately emerged vindicated from his clash with the political elite and his experience serves as an exemplary case of the effective use of academic freedom to oppose government policy by means of balanced, judicious critique. In the final section I argue that Morgenthau’s approach to theory, theorization and the role of the intellectual in society provides valuable insights into the nature of reflexivity in IR that are of relevance to contemporary debates in the discipline.

How Protesters and the State Learn From One Another: Spiraling Repertoires of Contention and Repression in Ukraine, 1990-2014

2020 ◽  
Vol 64 (9) ◽  
pp. 1271-1298
Author(s):  
Olga Zelinska
Keyword(s):  
Comparative Analysis ◽  
Social Movement ◽  
Contentious Politics ◽  
The Political ◽  
Political Protest ◽  
Technological Environment ◽  
Orange Revolution ◽  
The Government ◽  
Political Economic ◽  
Over Time

This article employs a contentious politics framework to examine the mobilization–repression nexus as it occurred in Ukraine from the 1990 Revolution on Granite, through the 2000-2001 Ukraine without Kuchma campaign and the 2004 Orange Revolution, to the 2013-2014 Euromaidan movement. Comparative analysis of these four cases suggests that developments in both the contentious and repressive repertoires resembled spirals: each campaign became more complex and of longer duration than the last, and each was driven by the repeated protester–government interactions and by the political, economic, and technological environment that changed over time. In the transit from autocracy to democracy, Ukrainian activists adopted and “normalized” political protest much more quickly than did the authorities. The activists creatively innovated as they borrowed from earlier dissent traditions and from other social movements abroad. For the government, the process of learning how to manage contention with means other than their usual repression tactics was much longer, and it is not over. As it slowly transits from Soviet past to democracy, Ukraine continues its development into a “social movement society.”

Denmark's weak new government faces complex alliances

2015 ◽  
Keyword(s):  
The Political ◽  
Political Strategy ◽  
Right Wing ◽  
Social Democrats ◽  
Content Type ◽  
People's Party ◽  
Reform Agenda ◽  
The Government ◽  
Political Spectrum ◽  
The Right

Significance The new government will have only 34 of the 179 seats, because policy differences among the right-wing parties, and the political strategy of the electorally strengthened anti-immigration, Euro-sceptic Danish People's Party (DF), mean DF will remain outside. Policy-making will be difficult. The government will be more economically liberal and pro-EU than it would have been with DF, but to make policy it will rely on partners across the political spectrum, especially the ousted Social Democrats -- who remain the largest party -- and DF. Impacts If DF is seen as a welfarist protector of ordinary citizens, it is more likely to repeat, at least, its 22% vote in the next election. The much-tighter immigration regime which is in prospect could taint Denmark's image and make it less attractive to foreign investment. The new government is likely to be an ally for much of UK Prime Minister David Cameron's EU reform agenda.

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