POLITICAL CONTROL AND RESPONSIBILITY OF THE GOVERNMENT IN THE CERTAIN ENVELOPES OF STATE AUTHORITY WITH A SPECIAL ACCENT OF THE PARLIAMENTARY SYSTEM

2018 ◽  
Vol 28 (6) ◽  
pp. 1779-1785
Author(s):  
Dejan Vitanski ◽  
Dijana Kirova

The executive power is a gravitational center of political power, that is the basic lever of the mechanism of power and at the same time, one of the key elements for determining the character of the political system. In order to prevent or disable the concentration of power in the hands of the executive power, political and legal thought have repeatedly sought for effective mechanisms for restricting that power and keeping it under control. The executive power in order not to turn it into its negation, must be as fully and accurately dimensioned and limited as possible. The nicules of the idea of political control emerged with the division of power and the need for mutual control and limitation of the various branches of government. In order to mitigate and neutralize the possibility of abuse, one of the mechanisms is to organize the government in a way that one authority oversees the other authority. In that sense, in the relations between the legislature and the executive, it is necessary for the legislation to have no legal means to stop the decisions of the executive power, but with the possibility and authority to control it. Conversely, the executive has the right to veto the legal acts, but can not participate in their voting. Political control is one of the essential and standardly established functions of parliaments in all countries with a parliamentary or mixed system of government organization. It is a process in which parliament continuously and systematically monitors, analyzes, checks and evaluates the work of the government. In addition, the controlling parliamentary prism observes the overall work of the government as a collegial body of the executive power and the work of ministers as its members in terms of whether they achieve the goals and policies of parliament expressed in the constitution and laws, and whether the manner of who act, the means and the methods they use are purposeful. Subtlety in the use of instruments of political control is necessary in order not to jeopardize the fundamentals of the independence of the executive, that is, not to undermine the necessary independence of the ministers in undertaking measures within the scope of their portfolio, as well as on the activities for consistent implementation of government policy in general. However, political control, on the other hand, has been established, first of all, to prevent the independence of the holders of the executive power from reaching beyond the limits of the normatively projected trajectory of movement and action, not to turn into arbitrariness and voluntarism, not to manifest ignorant attitude towards the policies and attitudes of the parliament expressed in the laws, and thus indirectly in accordance with the will of the citizens represented in the parliament. In labor, through a wide-angle view will be analyzed and processed the institutes of political control and political responsibility of the government in certain systems of state power, with particular emphasis on the parliamentary system. In the focus of the scientific-research interest will be the deep and extensive study and awareness of the immanent features of the forms through which the parliamentary control of the administration is effectuated and animated. Also, in this context, the author's intention is to capture the effectiveness of individual control mechanisms.

2013 ◽  
Vol 46 (2) ◽  
pp. 217-226 ◽  
Author(s):  
Milos Brunclik

Theory of parliamentary regimes presumes that parliament can express vote of no confidence in government. On the other hand executive power (government or head of state) is endowed with right to dissolve the parliament. However, these “doomsday devices” are not in balance in many parliamentary regimes, including the Czech Republic. On the basis of a comparative analysis of dissolution provisions in the constitutions of European states the article argues that the government in the Czech Republic should be given the right to dissolve the lower chamber at least in case that the latter expresses vote of no confidence in the former.


1978 ◽  
Vol 10 (3) ◽  
pp. 193-208
Author(s):  
Dennis A. Rubini

William of Orange tried to be as absolute as possible. Inroads upon the power of the executive were fiercely resisted: indeed, William succeeded in keeping even the judiciary in a precarious state of independence. To maintain the prerogative and gain the needed supplies from parliament, he relied upon a mixed whig-tory ministry to direct court efforts. Following the Glorious Revolution, the whigs had divided into two principle groups. One faction led by Robert Harley and Paul Foley became the standard-bearers of the broadly based Country party, maintained the “old whig” traditions, did not seek office during William's reign, tried to hold the line on supply, and led the drive to limit the prerogative. The “junto,” “court,” or “new” whigs, on the other hand, were led by ministers who, while in opposition during the Exclusion crisis, held court office, aggressively sought greater offices, and wished to replace monarchy with oligarchy. They soon joined tory courtiers in opposing many of the Country party attempts to place additional restrictions upon the executive. To defend the prerogative and gain passage for bills of supply, William also developed techniques employed by Charles II. By expanding the concept and power of the Court party, he sought to bring together the executive and legislative branches of government through a large cadre of crown office-holders (placemen) who sat, voted, and directed the votes of others on behalf of the government when matters of importance arose in the Commons. So too, William claimed the right to dissolve parliament and call new elections not on a fixed date, as was to become the American practice, but at the time deemed most propitious over first a three-year and then (after 1716) a seven year period.


2021 ◽  
Author(s):  
Peshraw Mohammed Ameen

In this research we dealt with the aspects of the presidential system and the semi-presidential system, and he problematic of the political system in the Kurdistan Region. Mainly The presidential system has stabilized in many important countries, and the semi-presidential concept is a new concept that can be considered a mixture of parliamentary and presidential principles. One of the features of a semi-presidential system is that the elected president is accountable to parliament. The main player is the president who is elected in direct or indirect general elections. And the United States is a model for the presidential system, and France is the most realistic model for implementing the semi-presidential system. The French political system, which lived a long period under the traditional parliamentary system, introduced new adjustments in the power structure by strengthening the powers of the executive authority vis-à-vis Parliament, and expanding the powers of the President of the Republic. In exchange for the government while remaining far from bearing political responsibility, and therefore it can be said that the French system has overcome the elements of the presidential system in terms of objectivity and retains the elements of the parliamentary system in terms of formality, so it deserves to be called the semi-presidential system. Then the political system in the Kurdistan Region is not a complete parliamentary system, and it is not a presidential system in light of the presence of a parliament with powers. Therefore, the semi-presidential system is the most appropriate political system for this region, where disputes are resolved over the authority of both the parliament and the regional president, and a political system is built stable. And that because The presence of a parliamentary majority, which supports a government based on a strategic and stable party coalition, which is one of the current problems in the Kurdistan region. This dilemma can be solved through the semi-presidential system. And in another hand The impartiality of the head of state in the relationship with the government and parliament. The head of state, with some relations with the government, can participate in legislative competencies with Parliament.


2018 ◽  
Vol 120 (2) ◽  
pp. 729-740 ◽  
Author(s):  
Elizabeth J. Woytowicz ◽  
Kelly P. Westlake ◽  
Jill Whitall ◽  
Robert L. Sainburg

Two contrasting views of handedness can be described as 1) complementary dominance, in which each hemisphere is specialized for different aspects of motor control, and 2) global dominance, in which the hemisphere contralateral to the dominant arm is specialized for all aspects of motor control. The present study sought to determine which motor lateralization hypothesis best predicts motor performance during common bilateral task of stabilizing an object (e.g., bread) with one hand while applying forces to the object (e.g., slicing) using the other hand. We designed an experimental equivalent of this task, performed in a virtual environment with the unseen arms supported by frictionless air-sleds. The hands were connected by a spring, and the task was to maintain the position of one hand while moving the other hand to a target. Thus the reaching hand was required to take account of the spring load to make smooth and accurate trajectories, while the stabilizer hand was required to impede the spring load to keep a constant position. Right-handed subjects performed two task sessions (right-hand reach and left-hand stabilize; left-hand reach and right-hand stabilize) with the order of the sessions counterbalanced between groups. Our results indicate a hand by task-component interaction such that the right hand showed straighter reaching performance whereas the left hand showed more stable holding performance. These findings provide support for the complementary dominance hypothesis and suggest that the specializations of each cerebral hemisphere for impedance and dynamic control mechanisms are expressed during bilateral interactive tasks. NEW & NOTEWORTHY We provide evidence for interlimb differences in bilateral coordination of reaching and stabilizing functions, demonstrating an advantage for the dominant and nondominant arms for distinct features of control. These results provide the first evidence for complementary specializations of each limb-hemisphere system for different aspects of control within the context of a complementary bilateral task.


Hegel's Value ◽  
2021 ◽  
pp. 222-275
Author(s):  
Dean Moyar

This chapter utilizes the structure of life and valid inference to analyze the internal structure of Civil Society and the State as well as the relationship between the two institutional spheres. The chapter unpacks the passage from the Logic in which Hegel describes the State as a totality of inferences with the three terms of individuals, their needs, and the government. It is shown that the “system of needs” itself forms a quasi-living institutional system of estates centered on the division of labor. This system’s inadequacy motivates the role of the “police” and corporation as ethical agencies, forms of the Good, within Civil Society. While the move to the State overcomes the individualism of “needs,” the right of the individual remains in the dynamics of “settling one’s own account” in receiving from the State a return on one’s duty to the State. Hegel treats the State proper as a constitution consisting of three powers of government that form a totality of inferential relations that has the full structure of a living organism. The executive power is examined in detail as the particularizing element in the system.


2021 ◽  
Vol 55 (1) ◽  
pp. 223-252
Author(s):  
Milan Rapajić

One of the characteristics of the system of government in the Fifth French Republic is the strengthened position of the head of state, but also the existence of the first minister as a constitutional category with a significant role. The constitution provides the political responsibility of the government with the Prime Minister and ministers before parliament. Certain French writers have opinion that the Prime Minister appears as the central figure of the constitutional structure. The Prime Minister shall direct the actions of the Government. This is 21 of Constitution. Also, there are specific powers that put the Prime Minister in the position of its real head of government. Among the prime minister's most important powers is his right to elect members of the government. It is the right to propose to the President of the Republic the appointment but also the dismissal of members of the government. The Prime Minister is authorized to re-sign certain acts of the President of the Republic. In case of temporary impediment of the head of state, the Prime Minister chairs the councils and committees for national defense, as well as the Council of Ministers. The paper analyzes the constitutional provisions that lead to the conclusion that the position of the Prime Minister is institutionally constructed as strong. Political practice, with the exception of periods of cohabitation, has indicated that most prime ministers have been overshadowed by mostly powerful heads of state. For that reason, it is necessary to analyze the political practice of all eight presidential governments. A review of the already long political life that has lasted since 1958. points to the conclusion that in its longest period, presidents of the Republic dominated the public political scene. The Prime Minister has a more pronounced role in the executive branch during cohabitation periods. However, nine years in three cohabitations cannot change the central conclusion of this paper that the dominant political practice of the Fifth Republic has led to the Prime Minister being essentially in the shadow of the head of state.


2020 ◽  
Vol 9 (2) ◽  
pp. 200
Author(s):  
Emad Mohammed Al-Amaren ◽  
Ahmed M A Hamad ◽  
Omar Farouk Al Mashhour

<em>Arbitration has been known since ancient times, Arbitration is an ancient system known to the ancient Greeks and Romans, and the first origins of arbitration was in the ancient Roman era. Arbitration is a legal path that seeks to resolve disputes when parties choose to deal with it. The result of the arbitration is called an arbitration award. Where this judgment is issued as a decision of rights and it is binding for opponents subject to it, and when the opponent who has the right obtained an arbitration award for his benefit, this arbitration award does not pay off the purpose of it only after the implementation of the other opponent for what it says. The issue of Execution of arbitration award is very important, and the arbitration decision includes judgment on the parties to the dispute and giving the right to another party and may also include binding the parties as if the expenses were divided between them. As for the implementation of the arbitrators award, it is only if the arbitration award has reached a certain degree of strength, so that the objection to it does not have an impact on its executive power or its enforcement, and this is with the approval of the judiciary. The role of the observer of the arbitration procedures upon the issuance of the arbitration award, in addition to that he plays an important role through the arbitration procedures from bringing a witness or bringing papers from a government agency, and from that we reach the research point where the judiciary and arbitration are connected through oversight of the arbitration award after its issuance as The judiciary determines the fate of the entire arbitration process, as it can nullify this ruling or make it enforceable</em>


2020 ◽  
Vol 4 (2) ◽  
pp. 46-69
Author(s):  
Samuel E. Jonah ◽  
Baba G. Shettima ◽  
Abba S. S. Umar ◽  
Enan Timothy

Purpose: The study examined the profitability of sesame (Sesanum indicum) production in Yobe State, Nigeria. Methodology: One hundred and eighty (180) sesame farmers were sampled from 12 villages spread across three Local Government Areas in Yobe State using multistage sampling procedure.  The descriptive statistics such as frequency, percentages and mean were used to describe the socioeconomic characteristics of farmers and constraints associated with sesame production. The inferential statistics employed was the Gross margin (GM) which was used to estimate the profitability of sesame production. Findings: The result of socioeconomic characteristics revealed that majority (77.77%) of the respondents were aged between 21-60 years old and all (100%) of the respondents had one form of education or the other. The result of profitability of sesame production revealed that the gross margin (GM) was  N157,519.00 and the average return per Naira invested was N2.07. Some of the major constraints faced by farmers in sesame production are inadequate fund (88.7%), inadequate extension services (72.0%), problem of pest and disease (66.1%) among others. Recommendations: the study recommended that strategies to improve profitability should focus on improved farmer access to institutional credits and improved infrastructural facilities such as access roads for easy linkage to markets. Also, In order to cope with the problem of inadequate and high cost of seed, the government and research institute should make improved seed available at the right time and also at subsidies rate to the farmers. Keywords: sesame production, profitability, constraints, gross margin, Yobe State


Author(s):  
Denza Eileen

This chapter considers the first sentence of Article 27.1 of the Vienna Convention on Diplomatic Relations which discusses the freedom of communication given to all members of the diplomatic mission. According to the Article 27.1, the receiving State shall permit and protect free communication on the part of the mission for all official purposes. Representatives from the sending State may employ all appropriate means, including diplomatic couriers and messages in code or cipher, in communicating with their Government and the other missions and consulates. However, if the mission wishes to use a wireless transmitter, it must first have consent of the receiving State. Without the right of free communication, the mission cannot effectively carry out two of its most important functions—negotiating with the government of the receiving State and reporting to the government of the sending State on conditions and developments in the receiving State.


2018 ◽  
Vol 42 ◽  
pp. 195-200
Author(s):  
Fyodor A. Gayda

 The article is devoted to conservative projects of reforming the State Duma, which was established in Russia in 1906. Those projects can be divided into two groups. Some projects were proposed by Russian nationalists (M.O. Menshikov, I.P. Balashov), who supported Stolypin and claimed to be one of the two main forces of the parliamentary majority. Nationalists sought to preserve the legislative powers of the Duma and stressed that the reform was supposed to strengthen parliamentarism. The projects of the nationalists proposed only partial adjustments to the parliamentary system, but still changing the Basic State Laws (in other words the coup d’état). The government did not support this path. The other projects were initiated by right-wing conservatives (L.A. Tikhomirov, K.N. Paskhalov, prince V.P. Meshchersky). Right-wing conservatives proposed turning the Duma into a legislative institution. This completely changed the political configuration and eliminated the “The Third of June” system. Both nationalist and right-wing projects were rejected by the government, albeit for different reasons: either due to their indeterminate character (nationalist projects) or due to their radicalism (right-wing projects). The ministers invariably considered the reorganization of the Duma more difficult than finding ways to cooperate with it.


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