Herstellung gleichwertiger Lebensverhältnisse – ein Verfassungsgebot?

Der Staat ◽  
2020 ◽  
Vol 59 (4) ◽  
pp. 545-576
Author(s):  
Stefan Lenz
Keyword(s):  
Federal Government ◽  
Constitutional Law ◽  
Journal Article ◽  
Political Process ◽  
Living Conditions ◽  
The State ◽  
The Political ◽  
Basic Law ◽  
Gleichwertige Lebensverhältnisse ◽  
Political Demand

Die Herstellung gleichwertiger Lebensverhältnisse ist zu einer allgegenwärtigen politischen Forderung avanciert. Die Bundesregierung berief eine Kommission „Gleichwertige Lebensverhältnisse“, der Bund und einige Länder gründeten Heimatministerien. Verbreitet ist die Annahme, das Grundgesetz verpflichte den Staat auf die Herstellung gleichwertiger Lebensverhältnisse. Dieser Beitrag begibt sich auf die Suche nach einer solchen Staatszielbestimmung. Dabei wird er nicht fündig: weder in Art. 72 II GG noch im Bundesstaats- oder im Sozialstaatsprinzip noch unter angeblich mitgeregelten Verfassungsvoraussetzungen. Schließlich erhebt der Beitrag verfassungspolitische Bedenken gegen Staatszielbestimmungen im Allgemeinen und eine Staatszielbestimmung „Gleichwertige Lebensverhältnisse“ im Besonderen. Der politische Prozess kann und muss frei entscheiden, ob und wie der Staat auf die Gleichwertigkeit der Lebensverhältnisse hinarbeitet. Creating equivalent living conditions throughout Germany became an ubiquitous political demand. The Federal Government appointed a commission „Equivalent living conditions“ and as well as some Länder established a ministry of homeland. According to a widespread assumption, the Basic Law obliges the state to create equivalent living conditions. This journal article is looking for such a national objective in the Basic Law. The search fails. The alleged objective can neither be found in article 72 of the Basic Law nor in constitutional principles or among constitutional preconditions, which are supposed to be positivized. Finally, this article raises doubts against national objectives in constitutional law in general and the suggested objective „Equivalent living conditions“ in particular. The political process can and should decide freely, whether and by which means the state should work towards equivalent living conditions.

Continuity with Deficiencies: The New Basic Law of Hungary

2013 ◽  
Vol 9 (1) ◽  
pp. 102-138 ◽  
Author(s):  
András Jakab ◽  
Pál Sonnevend
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Fundamental Rights ◽  
Political Community ◽  
The Political ◽  
Basic Law ◽  
The Government ◽  
Democratic Constitution ◽  
Legal Procedures

Hungarian constitutional law – New Basic Law – Continuity with the previous democratic Constitution – Vision of the political community embedded in the new Basic Law – The level of protection of fundamental rights – Continuity and lack of foreseeability in the organisation of the state – European legal procedures against or about Hungary – The life prospects of the new Basic Law – Danger of constitutional crisis whenever the government does not hold a constitution-amending majority

The 1991 constitution of independent Transnistria

2018 ◽  
pp. 132-146
Author(s):  
Viktoria Serzhanova
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Legal Status ◽  
The State ◽  
The Political ◽  
Autonomous Region ◽  
Political Reality ◽  
Basic Law ◽  
The Subject ◽  
The One

The legal status of the Pridnestrovian Moldavian Republic, which declared its independence in 1990, since that time has unchangingly remained ambiguous. The state has factually existed for almost thirty years so far, although it has not hitherto been recognised by any member of the international community. Its status from the constitutional law viewpoint is contradictory to the one analysed in the light of the international law, according to which Transnistria still formally remains a Moldavian autonomous region of a special status. This paper, being a part of the wider research carried out over Transnistria’s legal status, aims at establishing its primary political system’s grounds. Therefore, it comprises the analysis of the origin and development of Transnistrian first independent basic law, which appeared to be the foundation of the abovementioned solutions. The paper undertakes an attempt to not only analyse, but also evaluate the political system’s primary principles and development of Transnistria as a newly created state in the first years of its functioning. The subject of the work is particularly focused on the shape and content of the first constitution of Transnistria of 1991, which bound during the first four years of the state’s independence till the presently binding constitution of 1995 entered into force, along with observing of how its functioning in practice shaped the constitutional and political reality.

scholarly journals Minister-Permanent Secretary Relationships: Lessons from Zimbabwe’s Government of national Unity

2014 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Tawanda Zinyama ◽  
Joseph Tinarwo
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Political Process ◽  
Large Degree ◽  
The State ◽  
Team Work ◽  
The Political ◽  
National Unity ◽  
The Public ◽  
The Government

Public administration is carried out through the public service. Public administration is an instrument of the State which is expected to implement the policy decisions made from the political and legislative processes. The rationale of this article is to assess the working relationships between ministers and permanent secretaries in the Government of National Unity in Zimbabwe. The success of the Minister depends to a large degree on the ability and goodwill of a permanent secretary who often has a very different personal or professional background and whom the minster did not appoint. Here lies the vitality of the permanent secretary institution. If a Minister decides to ignore the advice of the permanent secretary, he/she may risk of making serious errors. The permanent secretary is the key link between the democratic process and the public service. This article observed that the mere fact that the permanent secretary carries out the political, economic and social interests and functions of the state from which he/she derives his/her authority and power; and to which he/she is accountable,  no permanent secretary is apolitical and neutral to the ideological predisposition of the elected Ministers. The interaction between the two is a political process. Contemporary administrator requires complex team-work and the synthesis of diverse contributions and view-points.

The Sound of Constitutional Silence

City, State ◽  
2020 ◽  
pp. 17-50
Author(s):  
Ran Hirschl
Keyword(s):  
Collective Identity ◽  
Constitutional Law ◽  
Political Discourse ◽  
Public Law ◽  
The State ◽  
The Political ◽  
Human Sciences ◽  
Comparative Constitutional Law ◽  
Spatial Governance ◽  
Constitutional Discourse

This chapter examines four introductory dimensions of the political and constitutional discourse around cities. The first is the tremendous interest in cities throughout much of the human sciences as contrasted with the silence of public law in general, and of comparative constitutional law in particular. Next, the chapter takes a look at the dominant statist stance embedded in constitutional law, in particular as it addresses sovereignty and spatial governance of the polity. A brief account of what national constitutions actually say about cities, and more significantly what they do not is then given. Finally, the chapter turns to the tendency in political discourse on collective identity to understand the “local” almost exclusively at the national or regional levels, rather than distinguishing urban interests from those of the state. Taken together, the four angles of city constitutional (non)status examined here highlight the bewildering silence of contemporary constitutional discourse with respect to cities and urbanization, as well as the strong statist outlook embedded in national constitutional orders, effectively rendering the metropolis a constitutionally non-tenable entity.

Part IV Federalism, A Federalism in Canada, Ch.20 The Spending Power in Canada

2017 ◽  
Author(s):  
Kong Hoi L
Keyword(s):  
Federal Government ◽  
Constitutional Law ◽  
The Political ◽  
Federal Spending ◽  
Constitutional Interpretation ◽  
Middle Ground ◽  
Division Of Powers ◽  
Constitutional Legitimacy

In this chapter, I will argue that the Canadian Constitution authorizes the federal government to spend in areas of provincial jurisdiction and constrains the scope of this power. I will, moreover claim that effective enforcement of these limits requires that the judiciary recognize its institutional limits and that the political branches act with restraint. The arguments advanced will seek to occupy a middle ground, between proponents of an unlimited spending power and critics who would bind federal spending to the limits imposed by the legislative division of powers, strictly interpreted. In staking out this ground, I will undertake an approach to constitutional interpretation that closely examines the sources of constitutional law and carefully considers issues of institutional competence and constitutional legitimacy.

INVESTMENT AND INVISIBILITY

2019 ◽  
Vol 16 (2) ◽  
pp. 511-533
Author(s):  
Aaron Rosenthal
Keyword(s):  
Justice System ◽  
Mixed Methods Research ◽  
Political Process ◽  
Gain Control ◽  
The State ◽  
People Of Color ◽  
The Political ◽  
Political Inequality ◽  
Political Consequences ◽  
Political Distrust

AbstractDoes political distrust generate a desire to engage in the political process or does it foster demobilization? Utilizing a theoretical framework rooted in government experiences and a mixed-methods research design, this article highlights the racially contingent meaning of political distrust to show that both relationships exist. For Whites, distrust is tied to a perception of tax dollars being poorly spent, leading to increased political involvement as Whites to try to gain control over “their” investment in government. For People of Color, distrust of government is grounded in a fear of the criminal justice system, and thus drives disengagement by motivating a desire for invisibility in relation to the state. Ultimately, this finding highlights a previously unseen racial heterogeneity in the political consequences of distrust. Further, it demonstrates how the state perpetuates racially patterned political inequality in a time when many of the formal laws engendering this dynamic have fallen away.

Banking and Bank Legislation in California, 1890–1915

1973 ◽  
Vol 47 (4) ◽  
pp. 482-507 ◽  
Author(s):  
Mansel G. Blackford
Keyword(s):  
Political Process ◽  
State Level ◽  
The State ◽  
The Political ◽  
Major Significance

While events of major significance for banking occurred on the national scene in the populist and progressive years, noteworthy changes also materialized on the state level. Like their brethren elsewhere in the country, California bankers struggled through their organizations with such problems as how to achieve “sound banking,” how to influence the political process in their state, and how to give banking more of the trappings of professionalism.

scholarly journals Políticas públicas para o urbano em Guarapuava, PR, Brasil

Terr Plural ◽  
2019 ◽  
Vol 13 (3) ◽  
pp. 73-89
Author(s):  
Tatiellen Cristina Prudentes ◽  
Márcia Silva
Keyword(s):  
Local Government ◽  
Federal Government ◽  
Urban Space ◽  
Public Policies ◽  
The State ◽  
The Political ◽  
Political Factors ◽  
The Third ◽  
Urban Intervention ◽  
Governmental Institutions

We analyze the forms of urban intervention based on public policies, with resources from the federal government, in a medium-sized city in the state of Paraná, between 2013 and 2016. The results are presented in three sections. In the first, we review concepts and themes focused on public policies; In the second one, we present and discuss documentary data, from governmental and non-governmental institutions, and interviews. In the third one, we describe the covenants established between the federal government and the local government, in terms of public policies, to an intervention of the urban space. It is concluded that, in Guarapuava, the political factors are very intervening in the distribution of public policies in order to promote, enhancement and perpetuate certain groups off and in power, especially family groups and their political and party alignments.

scholarly journals RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION

2020 ◽  
pp. 18-24
Author(s):  
O. Kosilova
Keyword(s):  
Human Rights ◽  
Well Being ◽  
The State ◽  
General Nature ◽  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Process Implementation ◽  
Basic Law ◽  
The Right

The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.

scholarly journals STUDENT POLITICS IN URBAN TERNATE, NORTH MALUKU

2014 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Basri Amin
Keyword(s):  
University Students ◽  
Ethnic Groups ◽  
Local Level ◽  
Political Process ◽  
The State ◽  
The Political ◽  
Political Arena ◽  
Local Elites ◽  
Student Politics ◽  
New Formation

This article examines student politics articulated by university students in contemporary Ternate, North Maluku. The involvement of students in the political arena in the region is mostly organized through regional (ethnic) organizations.The larger context of such political process is decentralisation, which make religional resource resources dominated by the state. At the same time competition among local elites and ethnic groups flourish. This is the main background of a new formation of group interests in local level -including local university students-- to gain group advantages. The case of Ternate, North Maluku, is an example of how groups of students organize their practical interests in the arena of politics by exploiting youth associations and ethnic organizations.Artikel ini mengkaji tentang politik yang diartikulasikan oleh kalangan mahasiswa dalam percaturan politik lokal di Ternate, Maluku Utara. Keterlibatan mahasiswa dalam arena kekuasaan di kawasan ini lebih banyak dilakukan melalui instrumen organisasi kedaerahan (etnis). Konteks besar yang menjadi landasan dari proses sosial ini adalah desentralisasi yang menempatkan sedemikian rupa sumberdaya pembangunan lebih banyak didominasi oleh negara, tapi pada saat yang sama perkembangan politik etnis terus menyertai persaingan kelompok dan elit lokal. Kasus Maluku Utara adalah sebuah contoh bagaimana kaum muda memainkan kepentingannya sendiri dalam percaturan kekuasaan dan dalam hal memanfaatkan kesempatan-kesempatan praktis untuk mereka.

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