scholarly journals Yudisialisasi Politik dan Sikap Menahan Diri: Peran Mahkamah Konstitusi dalam Menguji Undang-Undang

2016 ◽  
Vol 12 (3) ◽  
pp. 473
Author(s):  
Bisariyadi Bisariyadi
Keyword(s):  
Policy Making ◽  
Constitutional Court ◽  
Theoretical Justification ◽  
Policy Makers ◽  
Aggressive Approach ◽  
Legal Policy ◽  
State Institutions ◽  
Law And Policy ◽  
Executive Discretion ◽  
Judicialization Of Politics

In a review of the constitutionality of law or policy, the Constitutional Court can take an aggressive approach or choose to take self-restraint. Theoretical justification on the Court to change or made policy derived from the judicialization of politics. Global phenomenon indicates the shift of policy-making authority towards the judiciary. Consequently, policy makers shows resistence. Such conditions forced the Court to use a number of strategies to reduce political tensions between state institutions while at the same time the Court still protect the rights of citizens. The Court uses self-restraint approach to examine policies which in realm of legislative or executive discretion. This approach is referred to by the Court as an “open(ed) legal policy”. This study elaborates on the actions carried out by the Indonesian Constitutional Court to test the constitutionality of law or policy, both in the application of the judicialization of politics nor in the judicial restraint approach. In reality, the Court uses both of these approaches on review the constitutionality of law and  policy.

Indicators as a Tool for Strengthened Monitoring

2021 ◽  
pp. 108-122
Author(s):  
Emma Lantschner
Keyword(s):  
Life Cycle ◽  
Policy Making ◽  
The Political ◽  
Evidence Based ◽  
Policy Makers ◽  
Political Dialogue ◽  
Outcome Indicators ◽  
State Institutions ◽  
Law And Policy ◽  
Process And Outcome

Chapter 3 is dedicated to a discussion of the concept of indicators, since the use of such an instrument is not uncontroversial. To address critics of the concept, the chapter analyses not only the purposes for which indicators can be used and their related advantages, but also discusses the limitations and pitfalls connected with their use. This chapter also introduces the division into structural, process, and outcome indicators that measure the progress of implementation in different phases of the life cycle of a norm. It further looks at the use that is made (or not made) of indicators in monitoring procedures carried out by the Commission in the pre-accession phase to show that, to date, the concept has been used rather inconsistently. On the basis of the foregoing, it develops criteria for the development of indicators in the area of equality and non-discrimination. The main purpose of these indicators is to support consistent monitoring of the transposition and implementation of the EU non-discrimination acquis. They can, however, also be used as a tool in the political dialogue between the European Commission, civil society actors, and state institutions, as well as by policy makers to analyse the situation in view of evidence-based law and policy making.

scholarly journals Addressing the ageing workforce: a critical examination of legal policy objectives and values in the United Kingdom

2016 ◽  
Vol 37 (7) ◽  
pp. 1362-1393 ◽  
Author(s):  
ALYSIA BLACKHAM
Keyword(s):  
United Kingdom ◽  
Critical Examination ◽  
The European Union ◽  
Policy Makers ◽  
Complex Issue ◽  
Legal Policy ◽  
The United Kingdom ◽  
A Value ◽  
Law And Policy ◽  
Policy Objectives

ABSTRACTPopulation ageing is a key challenge confronting European policy makers. Ageing is a complex issue, requiring a value-driven approach to law and policy. However, there has been limited consideration of what values are driving ageing law and policy in the European Union, or if these values are appropriate. Drawing on an empirical study of United Kingdom (UK) legal policy documents, this paper identifies and critiques the primary values and objectives driving ageing law and policy in the field of employment. It is argued that the values driving UK law and policy are often contested, contradictory and under-defined, and there has been limited thought given to how they should be prioritised in the event they conflict. Thus, there is a serious need to reconsider the approach to age and employment taken by policy makers, and to clarify better the key values on which law and policy rest.

Product Patents and Access to Medicines in India: A Critical Review of the Implementation of TRIPS Patent Regime

2010 ◽  
Vol 3 (2) ◽  
Author(s):  
Gopakumar K M.
Keyword(s):  
Developing Countries ◽  
Access To Medicines ◽  
Policy Makers ◽  
Legal Policy ◽  
The Public ◽  
Law And Policy ◽  
Domestic Legislation ◽  
Institutional Challenges ◽  
Domestic Law ◽  
Indian Pharmaceutical Industry

In 2005, India amended its Patents Act, 1970 to introduce TRIPS compliant product patent regime. Generally speaking, law and policy makers in India during the time of the amendment were confronted with two major concerns viz. the future of the Indian pharmaceutical industry and access to affordable medicines in India and other developing countries. To address these concerns India along with many other developing countries attempted to incorporate TRIPS flexibilities in their domestic law. However, the success of the TRIPS flexibilities in addressing the question of access to affordable medicines mainly depends on three factors: a) the incorporation of flexibilities in the domestic law; b) the manufacturing capability of a country; and c) the political will to use the public interest safeguards provided in the domestic law. There are only a few countries like India, which satisfy the above-mentioned conditions to a certain extent. This article examines whether these premises hold true after five years into the implementation of the TRIPS compliant patent system in India. In this context the paper identifies and analyzes the legal, policy and institutional challenges that India is currently facing in the implementation of TRIPS flexibilities. It also identifies the main legal, policy and institutional disconnect in the implementation of TRIPS flexibilities in India. It argues that to effectively use TRIPS flexibilities to address access to affordable medicines require changes in three areas viz. law, policy and institutions. It clearly shows that mere incorporation of TRIPS flexibilities in the domestic legislation alone is not enough and the domestic legislation needs to be complemented with policy and institutional framework.

scholarly journals Kewenangan Mahkamah Konstitusi Memutus Perselisihan Hasil Pemilu Sebagai Bentuk Judicialization 0f Politics

2016 ◽  
Vol 12 (1) ◽  
pp. 117 ◽  
Author(s):  
Abdurrachman Satrio
Keyword(s):  
Public Policy ◽  
Policy Making ◽  
Political Institution ◽  
The Political ◽  
Constitutional Court ◽  
Public Policy Making ◽  
Constitutional State ◽  
Judicialization Of Politics

Judicialization of politics are the phenomenon which usually happen in a democratic constitutional state, which cause power movement to resolve problems which related to public policy making and political nature, from the political institution to judicial institution. In Indonesia this phenomenon arise in the authority of the Constitutional Court, especially in the authority of the Constitutional Court when they adjudicate electoral result dispute, whichs so far, most widely submitted cases to the Constitutional Court. But, as a independent and impartial judicial institution the Constitutional Court must restrict to adjudicate the political cases such as electoral result dispute so that this institution would not be politicking object of another branch of government, however judicialization of politics phenomenon is something that Constitutional Court would not avoid, so that this article will examine how important the Constitutional Court to priority judicial restraint principle in order to adjudicate electoral result dispute, so that Constitutional Court would not be politicking object of another branch of government.

scholarly journals Refleksi Fenomena Judicialization of Politics pada Politik Hukum Pembentukan Mahkamah Konstitusi dan Putusan Mahkamah Konstitusi

2016 ◽  
Vol 13 (1) ◽  
pp. 25
Author(s):  
Indra Perwira
Keyword(s):  
Public Policy ◽  
21St Century ◽  
Judicial Review ◽  
Historical Perspective ◽  
Political Institution ◽  
The Political ◽  
Constitutional Court ◽  
Legal Policy ◽  
Judicialization Of Politics ◽  
Political Settlement

This paper aims  to  introduce  the  phenomenon  of  judicialization  of  politics in the treasury of  legal  thought  in  Indonesia.  In  addition,  this  paper  also  aims to reflect the presence of judicialization of politics in the  Constitutional  Court, either through legal policy  on  establishment  of  constitutional  court  or  through its decisions. Theoretically, the phenomenon of judicialization of politics began to be known at the beginning of the 21st century characterized by the dependence of society to the court to resolve the issues related to morality, public policy, and political controversies. The presence of judicialization of politics can be reflected from the shift in the political settlement of the case which was originally made through political mechanisms to the settlement through a judicial mechanism. To see the phenomenon, this paper will explore the legal policy on establishment of the Constitutional Court. Through a historical perspective on the establishment, this paper would like to indicate that, in nature, the Constitutional Court is a political institution. In addition, this paper also analyzes the Constitutional Court decision in the case of judicial review on “Perpu” of the Corruption Eradication Commission (KPK) and the decision regarding the dispute Election East Java province in 2008,  to show that the phenomenon of judicialization of politics has lived and practiced  in the Constitutional Court as well.

JUDICIARY AND JUDICIARY OF UKRAINE IN THE CONTEXT OF THE NATIONAL MENTALITY

2019 ◽  
pp. 88-97
Author(s):  
Oleksandr Byrkovych
Keyword(s):  
Scientific Knowledge ◽  
Practical Importance ◽  
Constitutional Court ◽  
State Institutions ◽  
Radical Reform ◽  
Legal Studies ◽  
National Tradition ◽  
Scientific Institutions ◽  
Legal Foundations ◽  
Constitutional Right

Purpose. The purpose of the article is to identify the fundamental values of the Ukrainian people, on the basis of which not only his mentality, but also all national-state institutions, including institutions of justice and justice, as well as to identify trends of influence of these values on the further development of legal foundations of the judiciary and justice of Ukraine. Method. The methodological basis of the study was the combination of principles and methods of scientific knowledge. For the objectivity of the research, a set of general scientific, special-legal, special-historical and philosophical methods of scientific knowledge was used. Results. At the current stage of reforming the institutions of the judiciary and the judiciary, the notion of fair justice, which is formed on the basis of popular national culture, plays an important role. Given the functioning of the modern Constitutional Court of Ukraine, whose representatives are formed by delegation to the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine and the judiciary, this institution needs radical reform as it has repeatedly made political rather than constitutional decisions. Scientific novelty. Based on the analysis of the national tradition of justice, it is established that the Constitutional Court should be formed by public organizations, which are formed by legal experts. There are several higher scientific institutions in Ukraine which have departments, constitutional law research institutes. Their representatives should delegate the best experts in the constitutional right to competitive selection to fill vacancies in the constitutional court. Practical importance. The results of the study can be used in further historical and legal studies, preparation of special courses.

Prioritizing Strategic Factors of Creative Tourism Industry in Iran by Analytic Network Process (ANP)

2020 ◽  
Vol 24 (5) ◽  
pp. 553-565
Author(s):  
Reza Kiani Mavi ◽  
Hamed Gheibdoust ◽  
Ahmad A. Khanfar
Keyword(s):  
Policy Making ◽  
Analytic Network Process ◽  
Influential Factors ◽  
Tourism Industry ◽  
Policy Makers ◽  
Business Support ◽  
Network Process ◽  
Strategic Factors ◽  
Strategic Policy ◽  
Strategic Policies

Nowadays, it is obvious that creative tourism industry has become very essential for countries and societies; therefore, governments work on constituting policies in order to develop this industry. To be successful in improving creative tourism industry, governments should identify the influential factors and focus on ones that are more important rather than investing a bit on many different factors. Because of the interrelations among factors, this research is aiming to prioritize factors that influence strategic policies of creative tourism industry in Iran using analytic network process (ANP). Data were collected during the period of May 2017 to February 2018. Participants in this research are 13 tourism experts with more than 10 years' experience in the field. Results show that the most influential criterion is "business support" and the most influential subcriterion is "supporting midsize businesses." This study helps policy makers to improve creative tourism by emphasizing on those factors that have high priority from the viewpoint of strategic policy-making.

Sentencing Policy as a Force for Social Cohesion

2018 ◽  
Author(s):  
Ralph Henham
Keyword(s):  
Social Cohesion ◽  
Policy Making ◽  
Social Values ◽  
Social Reality ◽  
Social Forces ◽  
Top Down ◽  
Policy Makers ◽  
Normative Approach ◽  
The Social ◽  
Sentencing Policy

This chapter sets out the case for adopting a normative approach to conceptualizing the social reality of sentencing. It argues that policy-makers need to comprehend how sentencing is implicated in realizing state values and take greater account of the social forces that diminish the moral credibility of state sponsored punishment. The chapter reflects on the problems of relating social values to legal processes such as sentencing and argues that crude notions of ‘top down’ or ‘bottom up’ approaches to policy-making should be replaced by a process of contextualized policy-making. Finally, the chapter stresses the need for sentencing policy to reflect those moral attachments that bind citizens together in a relational or communitarian sense. It concludes by exploring these assertions in the light of the sentencing approach taken by the courts following the English riots of 2011.

scholarly journals Science Informed Policies for Managing Water

Hydrology ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 66
Author(s):  
Daniel P. Loucks
Keyword(s):  
Water Management ◽  
Water Resource ◽  
Policy Making ◽  
Water Resource Management ◽  
Information Policy ◽  
Management Policy ◽  
Multiple Impacts ◽  
Policy Makers ◽  
Science Policy Interface ◽  
Management Policies

Water resource management policies impact how water supplies are protected, collected, stored, treated, distributed, and allocated among multiple users and purposes. Water resource policies influence the decisions made regarding the siting, design, and operation of infrastructure needed to achieve the underlying goals of these policies. Water management policies vary by region depending on particular hydrologic, economic, environmental, and social conditions, but in all cases they will have multiple impacts affecting these conditions. Science can provide estimates of various economic, ecologic, environmental, and even social impacts of alternative policies, impacts that determine how effective any particular policy may be. These impact estimates can be used to compare and evaluate alternative policies in the search for identifying the best ones to implement. Among all scientists providing inputs to policy making processes are analysts who develop and apply models that provide these estimated impacts and, possibly, their probabilities of occurrence. However, just producing them is not a guarantee that they will be considered by policy makers. This paper reviews various aspects of the science-policy interface and factors that can influence what information policy makers need from scientists. This paper suggests some ways scientists and analysts can contribute to and inform those making water management policy decisions. Brief descriptions of some water management policy making examples illustrate some successes and failures of science informing and influencing policy.

Policy analysis in state governments in Mexico

2017 ◽  
Author(s):  
Juan C. Olmeda
Keyword(s):  
Policy Analysis ◽  
Mexico City ◽  
Policy Making ◽  
State Level ◽  
Executive Branch ◽  
State Governments ◽  
Policy Makers ◽  
Mexican State ◽  
Policy Making Process ◽  
Mexican Politics

State governments have acquired a central role in Mexican politics and policy making during the last decades as a result of both democratization and decentralization. Nowadays state governments not only concentrate a significant portion of prerogatives and responsibilities in terms of service delivery but also control a substantial share of public spending. However, no systematic studies have been developed in order to understand how state governments function. This chapter provides an overview on how policies are crafted at the subnational (state) level in Mexico, the main actors taking place in the process and the way in which professional knowledge and advice influence policy makers. As it argues, the central role in the policy making process is played by the executive branch, being the governors the ones who have the final word in most important decisions. In addition, secretaries also concentrate power in particular policy areas. As a result of the lack of a professional civil service, however, a significant portion of policy analysis is performed by non-governmental actors (universities, NGOs and private firms). The chapter applies this framework to analyze a particular Mexican state, namely Mexico City.

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