scholarly journals JUDICIAL ACTIVISM – AN ASSET TO JUDICIARY BY INDIAN CONSTITUTION

2018 ◽  
pp. 31-36
Author(s):  
S S Hasani
Keyword(s):  
Judicial Review ◽  
Political System ◽  
The State ◽  
The Political ◽  
Primitive Function ◽  
The People ◽  
The Government ◽  
Changing Times ◽  
Or Organization

Constitution means the structure of a body, organism or organization i.e. what constitutes it or of what it consists of. Constitution of a country spells out the basic fundamental principles or established precedents on which the state is organized. It lays down the structure of the political system under which its people are to be governed. It establishes the main organs of the State-the legislature, the executive and the judiciary, demarcates their responsibilities and regulates their relationships with each other and with the people. All authority in the hands of any organs, institutions or functionaries of the state flow from the Constitution. In a country like ours, adopting a written Constitution which mandates Judicial Review of the constitutionality of State activity in cases needing it and the laws enacted by legislature, the role of Judiciary cannot be restricted to the primitive function of dispensing justice. The role of judiciary in enforcing judicial review, must for all purposes keep the Government in good tune with the changing times and it should not be allowed to drift to become anachronistic or out of reasoning with the need of the day.

scholarly journals POLITICAL SYSTEM AS A CONDITION FOR DEVELOPMENT OF STATE AND LAW

2019 ◽  
Vol 26 (6) ◽  
pp. 1803-1805
Author(s):  
Dimitar Spaseski
Keyword(s):  
Civil Society ◽  
Political Culture ◽  
Political System ◽  
Strong Relationship ◽  
The State ◽  
The Political ◽  
Political Processes ◽  
The People ◽  
Democratic Societies ◽  
The Government

The state has a central place in the political system. Through its structure and positioning the country has the strength to be a unifier of society against its overall division of the various classes and layers, ethnic, cultural and other groups. The legitimacy of all these processes is given by laws that determine the trajectory of all processes and the conditions under which the processes take place. The state, by adopting the highest legal acts such as: the constitution and the laws, achieves one of its most important functions, which is the management of society. The state directs society to promote development, but also punishes and sanction infringements and mistakes. Depending on who exercises power in the state, i.e. whether it belongs to the people, to an individual or to a powerful group, the political system can be determined. The political system in itself includes the overall state relations, the relations in society and the guidelines for the conduct of the policy of the state. A state in which the government is elected by the people through direct elections certainly fulfills the basic requirement for the development of a stable civil society. The political system is one of the sub-systems of the entire civil society. The political system is specific in that all the activities and relations of which it is composed are directed to the state and its functions. The structure of the political system is composed of political and legal norms, political knowledge, political culture and political structure. These elements confirm the strong relationship between the state, the law and the political system. Developed democratic societies can talk about a developed political system that abounds with political culture and democracy. It is the aspiration of our life. Investing in democratic societies we invest in the future of our children. If we separate the subjects of the political system, we will determine that the people are the basis of the political system. All competencies intertwine around people. Political systems are largely dependent not only on the political processes that take place in them every day, but also on the economic performance and the economic power of the states. Economic stagnation or regression in some countries often threatens democracy and its values. We often forget that we cannot speak of the existence of a functioning and well-organized democratic political system without its strong economic support. In conditions of globalization, it is necessary to pay special attention to international positions as the main factor of the political system, for the simple reason that the functions of the state in this process are increasingly narrowing.

The role of Tambov Governorate territorial chiefs in the political life of the country

2019 ◽  
pp. 186-192
Author(s):  
Natalya Buzanova
Keyword(s):  
The State ◽  
Political Life ◽  
The Political ◽  
State Control ◽  
Political Processes ◽  
The People ◽  
Governmental Power ◽  
The Government ◽  
Positive Effect

July 12, 1889 Alexander III approved the draft law according to which “Regulations on territorial chiefs” was published. As of 1913, county congresses and governorate presences and territorial chiefs were introduced in forty-three governorates of European Russia, including the Tambov Governorate. The need for a new body of state control was due to the lack of a strong governmental power close to the people. The autocracy introduced this institute with the aim of restoring the landlords’ power over the peasant world, lost as a result of serfdom abolition in 1861. The powers of territorial chiefs were extensive: administrative, judicial, oversight, including control over the activities of peasant rural and volost institutions. However, over time, the functions of territorial chiefs were changed in comparison with what was originally written in the Regulation. We focus on issue of territorial chiefs participation in the political sphere of the state. The main sources for this research were data from the State archive of the Tambov Region. The government gave territorial chiefs the control of the peasant’s life from all sides, but due to circumstances, they were also drawn into the political processes of the state, especially at the beginning of the 20th century. We show that territorial chiefs were obedient executors of government policy, which was carried out in the counties, which was not at all provided for in their main functions. We investigate territorial chiefs’ role in the work of the State Duma. Thus, in the presence of different functions directions, we could hardly expect a positive effect from the institute as a whole.

PERAN ULAMA SELAKU PEWARIS NABI DALAM KONTESTASI PEMILU-PILPRES TAHUN 2019 DI INDONESIA

2020 ◽  
Author(s):  
abdul muiz amir
Keyword(s):  
Political System ◽  
The Political ◽  
Archival Data ◽  
Political Event ◽  
Online Social Media ◽  
The People ◽  
Religious Issue ◽  
The Face ◽  
Religion And State

This study aims to find a power relation as a discourse played by the clerics as the Prophet's heir in the contestation of political event in the (the elections) of 2019 in Indonesia. The method used is qualitative based on the critical teory paradigm. Data gathered through literary studies were later analyzed based on Michel Foucault's genealogy-structuralism based on historical archival data. The findings show that, (1) The involvement of scholars in the Pemilu-Pilpres 2019 was triggered by a religious issue that has been through online social media against the anti-Islamic political system, pro communism and liberalism. Consequently create two strongholds from the scholars, namely the pro stronghold of the issue pioneered by the GNPF-Ulama, and the fortress that dismissed the issue as part of the political intrigue pioneered by Ormas NU; (2) genealogically the role of scholars from time to time underwent transformation. At first the Ulama played his role as well as Umara, then shifted also agent of control to bring the dynamization between the issue of religion and state, to transform into motivator and mediator in the face of various issues Practical politic event, especially at Pemilu-Pilpres 2019. Discussion of the role of Ulama in the end resulted in a reduction of the role of Ulama as the heir of the prophet, from the agent Uswatun Hasanah and Rahmatan lil-' ālamīn as a people, now shifted into an agent that can trigger the division of the people.

Trade Unions

2018 ◽  
Author(s):  
Richard Whiting
Keyword(s):  
Trade Unions ◽  
Political System ◽  
The State ◽  
The Political ◽  
British Politics ◽  
Modern Britain ◽  
The Individual ◽  
The Relationship ◽  
Critical Moments

In assessing the relationship between trade unions and British politics, this chapter has two focuses. First, it examines the role of trade unions as significant intermediate associations within the political system. They have been significant as the means for the development of citizenship and involvement in society, as well as a restraint upon the power of the state. Their power has also raised questions about the relationship between the role of associations and the freedom of the individual. Second, the chapter considers critical moments when the trade unions challenged the authority of governments, especially in the periods 1918–26 and 1979–85. Both of these lines of inquiry underline the importance of conservatism in the achievement of stability in modern Britain.

scholarly journals PERANAN BANGSAWAN BONE DALAM SISTEM PEMERINTAHAN DARI SWAPRAJA KE KABUPATEN (The Role of Bone Nobleman in The Government System from Swapraja to Regency)

2018 ◽  
Vol 10 (2) ◽  
pp. 135-151
Author(s):  
Risma Widiawati
Keyword(s):  
Political Development ◽  
The Political ◽  
Holding Power ◽  
South Sulawesi ◽  
The People ◽  
History Of ◽  
The Government ◽  
Head Of Government ◽  
Interesting Area

Bone Regency as part of South Sulawesi is a very interesting area to discuss. This area is not only part of the history of South Sulawesi, but also a historical flow of South Sulawesi. the existence of nobles who are so attached to the joints of the lives of the people of Bone is still interesting to be examined to this day. Based on this, the article aims to reveal the role of Bone nobility in the swapraja government system to the regency (1950 - 1960). The political development of the government during this period was seen as sufficiently influencing the political dynamics of the government in Bone Regency which continued even today. The method used is the method of historical research with four stages, namely, heuristics, criticism (history), interpretation, and presentation (historiography). The results of the study show that after the transition from swapraja to regency, the role of nobility is still very calculated. But it is no longer like in the period before the transition, where the government was ruled by the king / aristocracy. At this time the level of intelligence is also taken into account. Apart from the fact that the structure of the government is indeed different because the process of appointing head of government is also different. But in general the role of nobility after the transition was not much different, where there were still many nobles holding power. ABSTRAK Kabupaten Bone sebagai bahagian dari Sulawesi Selatan merupakan suatu daerah yang sangat menarik untuk dibicarakan. Daerah ini bukan saja merupakan bagian dari sejarah Sulawesi Selatan, tetapi juga merupakan arus sejarah Sulawesi Selatan. keberadaan bangsawan yang begitu melekat di dalam sendi kehidupan masyarakat Bone masih menarik untuk ditelisik sampai hari ini. Berdasarkan hal tersebut, maka artikel ini bertujuan untuk mengungkapkan tentang peranan bangsawan Bone dalam sistem pemerintahan swapraja ke kabupaten (1950 – 1960). Perkembangan politik dari pemerintahan selama periode ini dipandang cukup mempengaruhi dinamika politik dari pemerintahan di Kabupaten Bone yang berlangsung bahkan sampai sekarang. Metode yang digunakan adalah adalah metode penelitian sejarah dengan empat tahapan yaitu, heuristik, kritik (sejarah), intrepretasi, dan penyajian (historiografi). Hasil penelitian menunjukkan bahwa setelah peralihan dari swapraja ke kabupaten, peranan bangsawan masih sangat diperhitungkan. Namun tidak lagi seperti pada masa sebelum peralihan, di mana pemerintahan dikuasai oleh raja/aristokrasi. Pada masa ini tingkat kecerdasan juga diperhitungkan. Selain karena struktur pemerintahannya memang berbeda juga karena proses pengangkatan kepala pemerintahan juga berbeda. Namun secara umum peran bangsawan setelah masa peralihan tidak jauh berbeda, di mana masih banyak bangsawan yang memegang kekuasaan.

scholarly journals STRATEGI DAKWAH SIASYAH PARTAI PERSATUAN PEMBANGUNAN DI JAWABARAT

2019 ◽  
Vol 17 (1) ◽  
pp. 19-36
Author(s):  
Ridwan - Mubarok
Keyword(s):  
World Politics ◽  
Political Life ◽  
The Political ◽  
Political Sphere ◽  
The Past ◽  
The People ◽  
Missionary Movement ◽  
Or Organization

For every Muslim, the role of civilization is identical to authentic mission as a leader as a leader in this earth, whose role is greater than leading a province or country. The participation of ulama, dai or da'wah movements in the political sphere is his right, but the missionary movement or organization must also be aware of and be aware of people or persons who want to manipulate da'wah as a vehicle for world politics. Da'wah movements or dai must be able to use various life instruments that exist today for the sake of da'wah. Ulama and the da'i who join in the organization movement or da'wah movement, must realize that they are part of the chain of struggle of the people. Now is the time for da'i or ulama to proclaim themselves from the past fetters that castrated the political life of the scholars.Bagi setiap muslim, peran peradaban identik dengan misi otentik sebagai pemimpin sebagai pemimpin dimuka bumi ini, yang perannya lebih besar dibandingkan memimpin sebuah provinsi atau negara. Keikutsertaan para ulama, dai atau gerakan dakwah dalam ranah politik merupakan haknya, akan tetapi gerakan atau organisasi dakwah juga harus menyadari serta mewaspadai terhadap orang atau oknum yang hendak memperalat dakwah sebagai kendaraan politik dunia. Gerakan dakwah ataupun para dai harus dapat menggunakan berbagai instrument kehidupan yang ada saat ini untuk kepentingan dakwah. Ulama maupun para da’i yang bergabung dalam gerakan organisasi atau gerakan dakwah, harus menyadari bahwasanya dirinya merupakan bagian dari mata rantai perjuangan umat. Kini sudah saatnya para da’i ataupun ulama dapat memproklamirkan diri dari belenggu masa lalu yang mengebiri kehidupan politik para ulama, PPP menjadi salah satu alternatif.

Politicians, Judges, and the Charter

2008 ◽  
Vol 21 (1) ◽  
pp. 227-238
Author(s):  
L.W. Sumner
Keyword(s):  
Judicial Review ◽  
Political System ◽  
Common Law ◽  
Recent Book ◽  
The Political ◽  
Court Decisions ◽  
Democratic Process ◽  
Political Views ◽  
Political Right

The complaint is a familiar one: unelected, politically unaccountable judges are using their powers of judicial review to subvert the democratic process by shaping public policy in accordance with their own personal moral/political views. It is tempting to dismiss this complaint as the grumbling of those, usually (though not invariably) on the political right, who have been disaffected by court decisions with which they personally disagree. But this temptation must be resisted, since the critics of judicial review, such as Jeremy Waldron, raise important issues about the role of judges in a democratic political system. In his recent book A Common Law Theory of Judicial Review, Wil Waluchow responds to the critics' arguments. This Critical Notice outlines his response and assesses its adequacy.

Civil Society, Social Movements and the Irish State

2010 ◽  
Vol 18 (2) ◽  
pp. 1-21 ◽  
Author(s):  
Peadar Kirby
Keyword(s):  
Social Movements ◽  
Civil Society ◽  
Political System ◽  
Free Market ◽  
The State ◽  
The Political ◽  
Social Partnership ◽  
Corporate Profit ◽  
Fianna Fail

This article develops a theoretical framework to consider the symbiotic relationship between civil society, social movements and the Irish state. Civil society, largely through social movements, laid the foundations for an independent Irish state in the half-century before independence. Following independence, the nature of the civil society–state relationship changed; civil society became much more dependent on the state. The article empirically traces the nature of society's relationship to the state since the 1920s, and examines the nature of the political system and its major political party, Fianna Fáil, the structure of the economy, and the dominance of particular understandings of the role of civil society and the nature of society itself. The period since the advent of social partnership in 1987 is examined; this period marks a new attempt by the state to co-opt organised civil society making it subservient to its project of the imposition on society of the requirements of global corporate profit-making. The more forceful implementation of a global free-market project by the Irish state since the 1980s, and the co-option of organised civil society into this project, has left huge space for an alternative to emerge, the potential of which was indicated by the success of the ‘No’ campaign in the 2008 Lisbon referendum campaign.

Lebanon: A Military in Politics in a Divided Society

2020 ◽  
Author(s):  
Oren Barak
Keyword(s):  
Political System ◽  
Middle Eastern ◽  
Public Support ◽  
Armed Forces ◽  
The State ◽  
The Political ◽  
Political Role ◽  
Divided Society ◽  
The Military

Since Lebanon’s independence in the mid-1940s, its military—the Lebanese Armed Forces (LAF)—has played a pivotal role in the country’s politics. The political role of the LAF in Lebanon might seem surprising since the Lebanese state did not militarize, and its political leaders have continuously managed to keep their military relatively weak and small. Indeed, in this respect Lebanon has been markedly different from its close neighbors (Syria and Israel), but also from several other Middle Eastern states (especially Egypt and Iraq), where the military, which was large and powerful, was continuously involved in politics. Additionally, both Lebanon and the LAF have persistently striven to distance themselves from regional conflicts since 1949, particularly in relation to the Palestinian issue, albeit not always successfully. Still, and despite these ostensibly unfavorable factors for the military’s involvement in politics in Lebanon, the LAF has played an important political role in the state since its independence. This role, which has been marked by elements of continuity and change over the years, included mediation and arbitration between rival political factions (in 1945–1958, 2008, 2011, and 2019); attempts to dominate the political system (in 1958–1970 and 1988–1990); intervention in the Lebanese civil war (in 1975–1976 and 1982–1984); attempts to regain its balancing role in politics (in 1979–1982 and 1984–1988); and facilitating the state’s postwar reconstruction (since 1991). The political role of the military in Lebanon can be explained by several factors. First, the weakness of Lebanon’s political system and its inability to resolve crises between its members. Second, Lebanon’s divided society and its members’ general distrust towards its civilian politicians. Third, the basic characteristics of Lebanon’s military, which, in most periods, enjoyed broad public support that cuts across the lines of community, region, and family, and found appeal among domestic and external audiences, which, in their turn, acquiesced to its political role in the state.

From Parliament to Courtroom

2015 ◽  
Vol 30 (1) ◽  
pp. 120-146 ◽  
Author(s):  
Lubomír Kopeček ◽  
Jan Petrov
Keyword(s):  
Transitional Justice ◽  
Judicial Review ◽  
Political System ◽  
Point Of View ◽  
The Political ◽  
Legislative Process ◽  
Constitutional Court ◽  
Lower House ◽  
Strong Position ◽  
The Government

The Czech Constitutional Court has gained a strong position within the political system. This article examines the judicial review of legislation from the point of view of the relation between the court and the parliament. The authors analyze trends in the use of petitions proposing the annulment of statutes, who makes use of the petitions, how successful the petitioners are, and what issues the petitions concern. The article pairs a quantitative view with a qualitative analysis of key selected decisions by the court, especially in the sphere of mega-politics. The authors test whether judicial review of legislation serves as a tool for parliamentary opposition. The results show the decisive effects of a legislative majority in the lower house of the parliament. If the government lacks a majority, the use of judicial review of legislation as an oppositional tool fades. Also important is the weakness of the upper house, which makes senators more likely to resort to using judicial review of legislation. An especially crucial factor is the presence of independent and semi-independent senators who, without broader political backing, see judicial review of legislation as a welcome tool. The most frequent topics of the petitions were transitional justice, social policy, and the legislative process.

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