The right to recall: conceptual framework, examples and the Bulgarian debate

Author(s):  
Daniela Pastarmadzhieva

Since the French revolution of 1789 people all over the world constantly try to have more influence on those who govern. The contemporary form of democracy – the representative one, provides various forms of participation of the citizens. The parliaments, which are the representative bodies, are formed under nationwide elections. Thus people form the legis-lative body of the state. Nevertheless, many citizens believe that besides the elections they need instruments to control the members of the parliament (MPs) after they are elected.In this sense, there are opinions in support of the so called binding (imperative) mandate. Nowadays this mandate is replaced by the free (representational) mandate, but the right to recall is still discussed and even implemented in some countries. Thus, the main aim of the current study is to identify the essential characteristics of the right to recall. Alongside, I attempted at providing examples of actual regulation of the concept in some countries. Furthermore, I tried to investigate the most recent debate in Bulgaria, regarding the right to recall. Thus, the object of the study is the concept of the right to recall and its practical implementation. The focus is a set of characteristics, namely defini-tion, level of regulation, grounds for recall, procedure and how it differs from other very similar categories.

Author(s):  
Michael Lauener

Abstract Protection of the church and state stability through the absence of religious 'shallowness': views on religion-policy of Jeremias Gotthelf and Georg Wilhelm Friedrich Hegel out of a spirit of reconciliation. The article re-examines a thesis of Paul Baumgartner published in 1945: "Jeremias Gotthelf's, 'Zeitgeist and Bernergeist', A Study on Introduction and Interpretation", that if the Swiss writer and keen Hegel-opponent Jeremias Gotthelf had read any book of the philosopher Georg Wilhelm Friedrich Hegel, some of this would have received his recognition. Both Gotthelf and Hegel see the Reformation to be the cause of the emergence of a strong state. For Gotthelf, this marks the beginning of a process of strengthening the state at the expense of the church. Hegel, on the other hand, considers the modern state to be the reality of freedom, produced by the Christian 'religion of freedom' (Rph, §270 Z., p. 430). In contrast to Gotthelf, for whom only Christ can reconcile the state and religion, Hegel praises the French Revolution as "reconciliation of the divine with the world". For Gotthelf, the French Revolution was only a poor imitation of the process of spiritual and political liberation initiated by the Reformation, through which Christ reduced people to their original liberty. Nevertheless, both Gotthelf and Hegel want to protect the state and the church from falling apart, they reject organizational unity of state – religion – church in the sense of a theocracy, and demand the protection of church communities.


2007 ◽  
Vol 66 (4) ◽  
pp. 303-321
Author(s):  
Lode Wils

In het tweede deel van zijn bijdrage 1830: van de Belgische protonatie naar de natiestaat, over de gebeurtenissen van 1830-1831 als slotfase van een passage van de Belgische protonatie doorheen de grote politiek-maatschappelijke en culturele mutaties na de Franse Revolutie, ontwikkelt Lode Wils de stelling dat de periode 1829-1830 de "terminale crisis" vormde van het Koninkrijk der Verenigde Nederlanden. Terwijl koning Willem I definitief had laten verstaan dat hij de ministeriële verantwoordelijkheid definitief afwees en elke kritiek op het regime beschouwde als kritiek op de dynastie, groeide in het Zuiden de synergie in het verzet tussen klerikalen, liberalen en radicale anti-autoritaire groepen. In de vervreemding tussen het Noorden en het Zuiden en de uiteindelijke revolutionaire nationaal-liberale oppositie vanuit het Zuiden, speelde de taalproblematiek een minder belangrijke rol dan het klerikale element en de liberale aversie tegen het vorstelijk absolutisme van Willem I en de aangevoelde uitsluiting van de Belgen uit het openbaar ambt en vooral uit de leiding van de staat.________1830: from the Belgian pre-nation to the nation stateIn the second part of his contribution 1830: from the Belgian pre-nation to the nation state, dealing with the events from 1830-1831 as the concluding phase of a transition of the Belgian pre-nation through the major socio-political and cultural mutations after the French Revolution, Lode Wils develops the thesis that the period of 1829-1830 constituted the "terminal crisis" of the Kingdom of the United Netherlands. Whilst King William I had clearly given to understand that he definitively rejected ministerial responsibility and that he considered any criticism of the regime as a criticism of the dynasty, the synergy of resistance increased between the clericalists, liberals and radical anti-authoritarian groups in the South. In the alienation between the North and the South and the ultimate revolutionary national-liberal opposition from the South the language issue played a less important role than the clericalist element and the liberal aversion against the royal absolutism of William I and the sense of exclusion of the Belgians from public office and particularly from the government of the state.


2021 ◽  
Vol 23 (1) ◽  
pp. 23-39
Author(s):  
Tinashe Madebwe ◽  
Emma Chitsove ◽  
Jimcall Pfumorodze

Environmental deterioration remains a concern in Botswana. Despite efforts being made to address this issue by the state, more needs to be done in this regard. This is particularly interesting in the light of reports that the country is looking to draft a new constitution. Against this backdrop, this article considers whether including environmental rights in Botswana’s constitution would advance environmental protection efforts. To this end, the article relies on experiences with rights drawn from different jurisdictions across the world, as well as commentary on these experiences, to build a tool for measuring the extent to which the turn to environmental rights holds value in a given jurisdiction. Using this tool, and drawing from experiences in looking to establish environmental rights in Botswana, the article measures the extent to which including the right in the constitution would hold value in advancing Botswana’s pursuit of environmental protection objectives.


Author(s):  
Timothy Tackett

The book describes the life and the world of a small-time lawyer, Adrien-Joseph Colson, who lived in central Paris from the end of the Old Regime through the first eight years of the French Revolution. It is based on over a thousand letters written by Colson about twice a week to his best friend living in the French province of Berry. By means of this correspondence, and of a variety of other sources, the book examines what it was like for an “ordinary citizen” to live through extraordinary times, and how Colson, in his position as a “social and cultural intermediary,” can provide insight into the life of a whole neighborhood on the central Right Bank, both before and during the Revolution. It explores the day-to-day experience of the Revolution: not only the thrill, the joy, and the enthusiasm, but also the uncertainty, the confusion, the anxiety, the disappointments—often all mixed together. It also throws light on some of the questions long debated by historians concerning the origins, the radicalization, the growth of violence, and the end of that Revolution.


2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Kambali

The economic crisis that convolved the world economy a few years ago is the result of a series of government policies in the economic field. Starting from the Subprime Mortgage in America, the crisis eventually spreads across all sectors of the economy. As analysts say that the explosion of the current economic crisis is caused by the trend of low interest rates that are applied by the Fed. The trend of low interest rates will give rise to expectation of market to future economic situation. It is characterized by the overflow of capital expansion in all sectors, especially in property sector. Today, along with the growing mobility of capital from one country to another as part of unavoidable economic liberalization, mobility of capital, on the one hand, has spawned some of the imbalances in the life of a State. The powerlessness can not be separated from economic ideology and system on state role in the economy. Capitalism with its laissez faire brings the concept of state minimal role in the economy. In the empirical facts, it is broken by the crisis situation in 1930 and today's financial crisis. Socialism tends to carry the central role of the State in the economy through the centralistic planning system. The fall of the Soviet Union in the 1980s brought the world to a choice whether reconstructing capitalism or socialism as Fukuyama and Gidden said. On the other hand, as the new system, the economic system of Islam brings the concept of the role of the State in the economy on the basis of universal values of Islam, such as justice in the economy which is reflected in the mechanism of the prohibition of riba (usury), just income distribution and redistribution of income through zakat and social security. This article is an exposure of the State's role in the economy which is studied through the perspective of today’s economic system. The systems are capitalism, socialism, and Islam. The article not only explores conceptual framework, but also also contains an empirical framework mapping and how the conceptual framework is operated. At the end, from the two mapping (conceptual and empirical), author draws a reflection of how the State should play a role in the economic field. Keywords: Capitalism, Socialism, Islam, Economic Role of State


Author(s):  
Marina L. Voronkova ◽  

Introduction. The problems of realizing the right to life are relevant to varying degrees in all countries of the world. Their importance can hardly be overestimated, since the preservation of a full-fledged family, society and the state as a whole depends on their solution. The article examines the problems associated with abortion, surrogacy, the development of biotechnology, death penalty, and analyzes the legislative experience of various states and Russia in these areas. The purpose of the study is to conduct a comprehensive analysis of the problems arising in connection with the realization of the right to life and its possible restrictions. In the course of studying the problems, both general scientific and special legal methods were used: historical and dialectical methods, methods of analysis and synthesis, as well as the comparative legal method. Theoretical analysis. Russia (RSFSR) was the first country in the world to legislate in 1920 to allow abortion. According to the author, artificial termination of pregnancy solely at the request of a woman (without taking into account medical and social factors) causes irreparable harm to society, especially given the difficult demographic situation in modern Russia. In addition, this does not correspond to the guiding thesis of responsibility to future generations, enshrined in the preamble to the Constitution of the Russian Federation. In the context of realizing the right to life, each state faces a problem related to death penalty. Can a state, where the right to life is guaranteed, take the life of criminals? Apparently, each state should decide this issue based on the extent to which a particular crime poses a threat to society, a threat to life and health of people. Results. In our opinion, in countries with liberal legislation in relation to abortion, such as Russia, it is necessary to prohibit abortion at the request of a woman, since in this case the woman’s desire violates the right to life of an unborn child. The state should protect the right to life from the moment of conception, not birth, but this is a long process that should lead to an extensive interpretation of Part 2 of Art. 17 of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation. In addition, Russia needs to pay attention to the legislative experience of Germany and France in relation to surrogacy. In these countries, the legislator has clearly substantiated why surrogacy is in fact a crime against the family. In these countries, surrogacy is criminalized. Also, with the development of biotechnology all over the world, the problems of IVF and cryopreservation of human embryos are acute. This problem can also be solved at the level of legislation by allowing IVF only to married couples (man and woman) who cannot give birth to a child, and by limiting the number of fertilized eggs to a minimum, so that later the issue of destroying unclaimed embryos is not resolved. In general, it seems that in a mature society that wants to develop and tries to prevent the destruction of its state, it is necessary to protect the right to life by all possible legislative methods.


1985 ◽  
Vol 3 (1) ◽  
pp. 27-42
Author(s):  
Baruch A. Brody

It seems to me that those who place great value on the right to human freedom can be badly divided on the question of the use of force by states to defend the liberties of those who are not citizens of that particular state. Concerned about the liberties to be defended, they might be enthusiastic supporters of the use of such force by liberty-loving countries throughout the world. Concerned about the liberties that might be violated when the state marshals its forces for use internationally, they might adopt a more isolationist approach to this issue. This paper is an attempt to help clarify this conflict by looking at some of the philosophical issues it raises. Because I wish to avoid factual debates about current conflicts, I will give no real-life examples. However, they are on my mind, and I hope the reader will keep them in mind as well.


PEDIATRICS ◽  
1980 ◽  
Vol 66 (2) ◽  
pp. 167-167
Author(s):  
T. E. C.

The French jurist, Méderic Louis Élie Moreau de Saint-Méry (1750-1819), was driven into exile during the French Revolution by Robespierre's accession to power. From 1794 to 1798 Moreau lived in the United States. In the journal he kept during these years, he described American young girls as follows: American girls are pretty, and their eyes are alive with expression; but their complexions are wan, bad teeth spoil the appearance of their mouths, and there is also something disagreeable about the length of their legs. In general, however, they are of good height, are graceful, and, in enumerating their charms, one must not forget the shapeliness of their breasts. Philadelphia has thousands of beauties between fourteen and eighteen. To offer but a single proof: on the north side of Market Street, between Third and Fifth Street, on a single winter's day I saw four hundred young maidens promenading, each one of whom would surely have been followed in Paris, a seductive tribute that could be offered by perhaps no other city in the world. But these girls soon became pale, and an indisposition which is reckoned among the most unfavorable for the maintenance of the freshness of youth is very common among them. They have thin hair and bad teeth, and are given to nervous illnesses. The elements which embellish beauty, or rather which compose and order it, are not often bestowed by the graces. Finally, they are charming, adorable at fifteen, dried up at twenty-three, old at thirty-five, decrepit at forty or fifty.


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