scholarly journals The Limits of State Intervention in Economy by Taxation in Turkey

2015 ◽  
Author(s):  
Sabahat Binnur Çelik
Keyword(s):  
Human Rights ◽  
Public Services ◽  
State Intervention ◽  
The State ◽  
Universal Declaration ◽  
Basic Principles ◽  
Public Pressure ◽  
Taxation Authority ◽  
Opposition Parties

People, mostly and directly affected from the state's decision about taxation. State, in order to realize public services, while using its taxation authority depending to its power of sovereignty, intervenes in the economy in different ways. While using taxation authority, state is subject to various limitations. The most important limitation about taxation is the necessity of obeying the laws. The basic principles about taxation are indicated on the Universal Declaration of Human Rights and Constitutions. Nowadays, nearly in every country, advanced tax payer rights, public pressure and the ruling parties’ intent about remaining in power or the opposition parties' intent about coming in power also determines the limits of taxation. Proceedings of the independent judicial bodies are very important about the limitation of taxation. Because independent judicial bodies can control the power of sovereignty of the state about taxation. In the judging process, they judge the tax rules and tax applications' harmony to the basic principles of taxation. If there are no fair limits about taxation in a country, this means that there is no democracy in that country.

What Are Rights?

2012 ◽  
Author(s):  
Aryeh Neier
Keyword(s):  
Human Rights ◽  
The State ◽  
Public Institutions ◽  
Universal Declaration ◽  
Ethical Norms

This chapter looks at how, among those engaged in the promotion of human rights, there is general agreement that rights are an aspect of humanity. They are not dependent on such characteristics as race, nationality, or gender, nor do they depend on a person's presence within the territory of a particular political entity. Rights, most proponents agree, are ethical norms with a legal content that requires that they should be honored and enforced by public institutions. Some rights, it is generally conceded, may be temporarily abridged by the state because of exigent circumstances; others may never be violated, no matter the context or the purported justification. In the view of many of their proponents, the rights set forth in the Universal Declaration of Rights are indivisible.

Les minorités dans la Déclaration Universelle des Droits de l’Homme, une absence délibérée

2020 ◽  
Vol 88 (3-4) ◽  
pp. 557-590
Author(s):  
Fernando Arlettaz
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Interwar Period ◽  
Minority Rights ◽  
League Of Nations ◽  
The State ◽  
Point Of View ◽  
Universal Declaration ◽  
Legal Regime ◽  
The United Nations

Summary The League of Nations established, in the interwar period, a legal regime for the protection of minorities which considered them as intermeditate groups between the State and the individuals. On the contrary, the Universal Declaration on Human Rights, adopted in 1948 by the United Nations, assumed a radically individualistic point of view and did not include any mention to minority rights. The travaux préparatoires of the Universal Declaration suggest that the question of minorities caused strong tension among States and that, for this reason, they avoided its inclusion in the 1948 document.

scholarly journals WHO AM I? WHO ARE YOU? WHO ARE WE? LAW, RELIGION, AND APPROACHES TO AN ETHIC OF MIGRATION

2015 ◽  
Vol 30 (2) ◽  
pp. 320-334
Author(s):  
Silas W. Allard
Keyword(s):  
Human Rights ◽  
Political Identity ◽  
The State ◽  
Political Community ◽  
Universal Declaration ◽  
Nation State ◽  
Political Space ◽  
The Family ◽  
The World ◽  
The Subject

In her essay “The Decline of the Nation-State and the End of the Rights of Man,” Hannah Arendt famously wrote, “Nobody had been aware that mankind, for so long a time considered under the image of a family of nations, had reached the state where whoever was thrown out of one of these tightly organized closed communities found himself thrown out of the family of nations altogether.” Surveying the aftermath of the world wars, the same aftermath that eventually led to the Universal Declaration of Human Rights, Arendt found that a person had to be emplaced—the subject of a political space—in the state-oriented order of geopolitics to be cognizable as a subject of human rights. The stateless, being displaced, were excluded from such a regime of rights and from the global political community. Bare humanity, Arendt argued, was an insufficiently binding political identity. As she wrote in her arresting language, “The world found nothing sacred in the abstract nakedness of being human.”

scholarly journals Pembatasan Kebebasan Beragama Dan Berkeyakinan Di Indonesia Serta Implikasinya

2021 ◽  
Vol 8 (1) ◽  
pp. 85-107
Author(s):  
Rohit Mahatir Manese
Keyword(s):  
Human Rights ◽  
Literature Review ◽  
Minority Groups ◽  
The State ◽  
Universal Declaration ◽  
Freedom Of Religion ◽  
Religious Values

This article aims to describe caused the restriction of religion and belief freedom and its implications in Indonesia. The author’s argument on the ownership that limitation of the religion and belief freedom in Indonesia which have mainstreams about religious values and blasphemy. It causes diversity in Indonesia to limited pluralism experience. With the perspective of pluralism, limiting the religion and belief freedom is carried out by the state makes ancestral religions which is not declared as official religions. Apart from making the state that recognizes only six religions, this statement contradicts the Universal Declaration of Human Rights (UDHR) and the International Covenant. By using the literature review method, this article finds that the religion and belief freedom in Indonesia experiences delimited pluralism so this condition brings to negotiated on ancestral religions and intolerance to minority groups. Keywords: Freedom of Religion and Belief; Religious Value; Delimited Pluralism; Discrimination; Intolerance.

scholarly journals DISKURSUS PERKAWINAN BEDA AGAMA DI INDONESIA DALAM TINJAUAN UNIVERSALISME HAM DAN RELATIVISME BUDAYA

2021 ◽  
Vol 20 (1) ◽  
pp. 131
Author(s):  
Fitrawati Fitrawati
Keyword(s):  
Human Rights ◽  
The State ◽  
Universal Declaration ◽  
Cultural Relativism ◽  
The Other ◽  
Freedom Of Religion ◽  
Legal Research ◽  
Interfaith Marriage ◽  
Cultural Relativity ◽  
The Right

This paper tries to examine the right to freedom of interfaith marriage in Indonesia from the perspective of Human Rights Universalism and Cultural Relativism. The purpose of this paper is to explain how universalism and cultural relativity view interfaith marriage in Indonesia. This research is a normative legal research. This study uses a literature approach. The findings of this study indicate that interfaith marriage in Indonesia is still not well accepted and has always been controversial news in the community, even considered to have exceeded or violated the provisions of marriage, but there are still followers of different religions who decide to marry. In fact, many of them are smuggling laws so that their marriages are recognized by the state, namely by registering marriages abroad and then continuing the registration in Indonesia. Meanwhile, on the other hand, Indonesia already has a law on Marriage, namely, Article 2 paragraph 1. It is also contained in the article of the Universal Declaration of Human Rights, namely the right to freedom of marriage (article 16 UDHR) which includes the right to marry between religions (different religions), and the right to freedom of religion (article 18 UDHR) which includes the right to change religions. Meanwhile, in cultural realivism, it rejects everything that is universal.

8. Law, Constitutions, and Federalism

2017 ◽  
Author(s):  
Peter Ferdinand
Keyword(s):  
Human Rights ◽  
Basic Structure ◽  
The State ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Political Life ◽  
Constitutional Courts ◽  
Alternative Approach ◽  
The Law

This chapter examines how laws, constitutions, and federalism provide structure to the context of political life. It first considers the importance of constitutions in determining the basic structure of the state and the fundamental rights of citizens that they establish before asking whether the Universal Declaration of Human Rights is Western-centric. It then explores different ways in which states may attempt to realize justice in applying the law, with particular emphasis on differences between Islamic and Western practice. It also discusses the importance of constitutional courts, the ways that the institution of federalism contains the powers of the state and manage diverse societies, and consociationalism as an alternative approach to managing such diversity. Finally, it comments on the increasing legalization of political life.

scholarly journals The Covid-19 Pandemic and the Rights of the Individual in Terms of Private and Public Law

2020 ◽  
Vol 9 (2) ◽  
pp. 225-250
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Denis Kolodin ◽  
Maxym Tkalych
Keyword(s):  
Human Rights ◽  
Optimal Algorithm ◽  
Public Law ◽  
The State ◽  
Private Law ◽  
Public Interests ◽  
Basic Principles ◽  
Private Rights ◽  
Private And Public ◽  
The Individual

The principles of adjusting the regulation of civil relations in the context of the Covid-19 pandemic are analyzed. The admissibility of restricting human rights in the context of the conflict of private and public interests are researched. Besides, the authors tried to determine the optimal algorithm of government actions aimed at preventing the spread of the epidemic. The main approach to the understanding of human rights in the article is based on Dworkin's concept of “rights as trumps”. A system of such categories as “a man”, “a private person”, “natural private rights”, “private law” and “national civil law” is analyzed. The conclusion is that the importance of the category of “natural” human rights is underestimated, which exacerbates the problem of ensuring human rights in a pandemic, when the state actively uses public law to cope with the crisis. As a result, there is a conflict of basic principles of private and public law: “everything is allowed except what is prohibited by law” vs. “only what is allowed by law is possible”. It is proposed to assume that the usual way of the legal existence of a person is that he/she acts as a participant in civil relations of a private type, even in a pandemic. Private relations, which arise during the quarantine period, are proposed to be regulated mainly by private law methods, limiting the influence of the state. This will allow us to reach a compromise of private and public interests, without restricting the rights of individuals voluntarily.

Culture in the State Reporting Procedure of the UN Human Rights Treaty Bodies

2021 ◽  
Author(s):  
Vincent Willem Vleugel
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
The State ◽  
Universal Declaration ◽  
Cultural Rights ◽  
Proper Balance

Ever since the adoption of the Universal Declaration of Human Rights in 1948 there has been a debate on the issue of universality and cultural diversity. The UN human rights treaty bodies have an important role to play in ensuring a proper balance between safeguarding the universality of the rights, while at the same time leaving room for cultural particularities. This book examines how the UN treaty bodies, in particular the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women, fulfil this role.

21. State intervention: public undertakings and state aid

2019 ◽  
pp. 495-530
Author(s):  
Sandra Marco Colino
Keyword(s):  
Competition Law ◽  
State Intervention ◽  
State Aid ◽  
The State ◽  
Basic Principles ◽  
Member States ◽  
Eu Membership ◽  
Degree Of Control ◽  
The Moment ◽  
The Eu

Competition law in the EU also exerts some degree of control over the actions of the Member States when they intervene in the market in ways which could harm the competitive process. The Member States commit to complying with these and other obligations the moment they agree to be bound by the acquis unionaire, which is a prerequisite for EU membership. There are two main provisions in this regard: Articles 106 and 107 TFEU. This chapter covers the basic principles underlying the application of Articles 106 and 107 TFEU, and explores the interplay between the general prohibitions they contain and their multiple exceptions. Article 106 ensures that undertakings owned, established, or regulated by the State are not protected or advantaged vis-à-vis private competitors, while Article 107 TFEU contains a general prohibition of state aid.

scholarly journals Religion in the Public Forum

2011 ◽  
Vol 13 (3) ◽  
pp. 274-286 ◽  
Author(s):  
Roger Trigg
Keyword(s):  
Human Rights ◽  
Religious Belief ◽  
Church Of England ◽  
The State ◽  
Individual Freedom ◽  
Basic Principles ◽  
The Public ◽  
European Court ◽  
Important Means ◽  
The Church

Must the state be neutral to all religious and philosophical positions? This article argues that that is an impossibility and that the most basic principles of our democratic society, such as our belief in the importance of individual freedom and equality, are Christian in origin and need their Christian roots. The relevance of recent judgments in the European Court of Human Rights and in English courts is discussed. In particular, exception is taken to views of religious belief that see it as subjective, irrational and arbitrary. It is argued that religion needs to take its place in the public arena, and that the national recognition of the Church of England through establishment is an important means to that end.1

Sign in / Sign up

Export Citation Format

Share Document