Balance of power and pushing back through the rule of law

Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal

Yuridika ◽

10.20473/ydk.v36i3.26600 ◽

2021 ◽

Vol 36 (3) ◽

pp. 663

Author(s):

Iwan Satriawan ◽

Devi Seviyana

Keyword(s):

Rule Of Law ◽

House Of Representatives ◽

Critical Appraisal ◽

Balance Of Power ◽

The State ◽

Fundamental Rights ◽

State Of Emergency ◽

The Rule Of Law ◽

Power Limits ◽

The Government

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.

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Juridische mechanismen van conflictbeheersing in België : het onderwijsprobleem

Res Publica ◽

10.21825/rp.v28i4.18982 ◽

1986 ◽

Vol 28 (4) ◽

pp. 591-614

Author(s):

Filip Reyntjens

Keyword(s):

Political Parties ◽

Rule Of Law ◽

Balance Of Power ◽

Sociological Research ◽

World War ◽

The Rule Of Law ◽

The First World War ◽

Zero Sum ◽

The 19Th Century ◽

First World

Political and sociological research indicates that the use of consociational techniques has been a major means of ensuring peace and stability in a divided society like Belgium. This paper attempts to cast a first look at another component: what are the legal mechanisms of confiictmanagement in Belgium ? This question is studied on the basis of the case of the school-confiict, which is one aspect of the ideological dividing line ; this was indeed the first to be institutionalised in Belgium. The drafting of the 1831 Constitution was the first great exercise in consensus-seeking and the same approach prevailed over much of the 19th century. It was interrupted, however, during the first «School War» which was waged from 1879 to 1884. After the First World War a number of issues in the educational dispute were settled by way of package-deals, which were an attempt to replace zero-sum games by more-or-less choices. However a second School War erupted from 1950 to 1958. After the 1958 elections the balance of power was such that compromise showed necessary again : this situation led to the «School Pact» which tried to institutionalise consociational solution-seeking in this field. The Pact system was later applied in numerous other fields where mere majoritarian decision-making was discarded.White in the School issue these solutions were not as yet legalised, in later agreements they were.The paper argues that the main aim of these approaches is to avoid adjudication on these issues by third confiict-solvers, such as courts and tribunals. Instead allocation is arranged between the participants to the deal ; these partners are the political parties who claim to represent the whole range of public opinion. In this way «soft law» is created : this development represents a creeping undermining of the Rule of Law.

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THE POLITICAL FRONTIERS OF EUROPE AS A CIVIL SOCIETY: J. HABERMAS’ REJECTION OF A EUROPEAN VOLK AND M. FOUCAULT'S BALANCE OF POWER AS PROTECTIONS AGAINST EUROPEAN NATION‐STATE

Creativity Studies ◽

10.3846/2029-0187.2008.1.186-198 ◽

2008 ◽

Vol 1 (2) ◽

pp. 186-198 ◽

Cited By ~ 1

Author(s):

Machiel Karskens

Keyword(s):

European Union ◽

Civil Society ◽

Rule Of Law ◽

Balance Of Power ◽

The Political ◽

The European Union ◽

The Rule Of Law ◽

European Institutions ◽

The World ◽

The Ideal

With the help of J. Habermas and M. Foucault, it is argued that the idea of Europe is, first of all, the ideal of an unlimited civil society. Human rights, the rule of law and the legal European institutions are its political backbone. The European Union itself is somehow the realization of this ideal conception of a borderless, unlimited society. It is argued that the European Union in this respect is a heterotopia within the bordered and sovereign member states themselves. Seen from the outside, however, and in the world of geopolitics, Europe is a political power with closed borders and excluding frontiers. In this respect the European Union is a continuation of the old European Balance of Power.

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New Polish party could hold balance of power

Emerald Expert Briefings ◽

10.1108/oxan-db241839 ◽

2019 ◽

Keyword(s):

Rule Of Law ◽

Environmental Issues ◽

Balance Of Power ◽

The Political ◽

Content Type ◽

The Rule Of Law ◽

Law And Justice ◽

Political Scene ◽

Northern City ◽

Member Of Parliament

Subject Spring’s emergence onto the political scene Significance A new political party, Spring (Wiosna), held its founding convention on February 4 under its leader Robert Biedron, an openly gay and atheist former member of parliament (2011-14) and mayor of the northern city of Slupsk (2014-18). Spring’s opponents in the ruling Law and Justice (PiS) party and the opposition Civic Platform (PO) have already begun a counter-offensive. Impacts Environmental issues will move into the political mainstream and become more visible in all parties’ programmes. Spring provides an alternative to those voters who are disaffected and tired of the overall shape of Polish politics. An opposition victory could result in a strengthening of the rule of law and a more pro-European agenda.

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Japan’s Grand Strategy for a Free and Open Indo-Pacific

The Oxford Handbook of Japanese Politics ◽

10.1093/oxfordhb/9780190050993.013.27 ◽

2021 ◽

Author(s):

Narushige Michishita

Keyword(s):

Rule Of Law ◽

Balance Of Power ◽

The United States ◽

Grand Strategy ◽

Economic Prosperity ◽

The Rule Of Law ◽

Guiding Principle ◽

The Face ◽

Universal Values ◽

Rising China

There are two major objectives in Japan’s grand strategy: to maintain the balance of power in the face of a rising China, and to bring about economic prosperity, peace, and stability in the Indo-Pacific region. To achieve these objectives, Japan is strengthening its defense capabilities, security ties with the United States, and security partnerships with the countries such as Australia, India, Southeast Asian nations, and South Korea; it also seeks to promote the rule of law, freedom of navigation, and free trade; enhance connectivity; and provide capacity-building assistance to regional partners. Japan’s vision of Free and Open Indo-Pacific has evolved over time. In 2018 the Japanese government desecuritized its FOIP concept in order to ease China’s concern and to make the policy more acceptable to China’s neighbors. It also stopped emphasizing the importance of “universal values” so that countries such as Vietnam and Myanmar could sign up for it. Those decisions indicate that Japan’s guiding principle is based more on realist calculations than liberal ideologies.

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The Evolution of Judicial Autonomy in Argentina: Establishing the Rule of Law in an Ultrapresidential System

Journal of Latin American Studies ◽

10.1017/s0022216x04007758 ◽

2004 ◽

Vol 36 (3) ◽

pp. 451-478 ◽

Cited By ~ 17

Author(s):

REBECCA BILL CHAVEZ

Keyword(s):

Latin America ◽

Political Parties ◽

Rule Of Law ◽

Balance Of Power ◽

Judicial Independence ◽

Linear Process ◽

Party Competition ◽

The Rule Of Law ◽

Diachronic Study ◽

Judicial Autonomy

This article uses a diachronic study of Argentina to explain how the nascent democracies of Latin America build the rule of law. The changing relationship between Argentina's executive and judicial branches demonstrates that the construction of the rule of law is not a linear process. There have been periods of regression away from, as well as progress towards, the rule of law. This article uses party competition to explain Argentina's varying levels of judicial independence. The rule of law results from a balance of power between at least two political parties, neither of which has monolithic control, meaning that no highly disciplined party sustains control of both the executive and legislative branches. Competitive politics creates a climate in which an autonomous judiciary can emerge.

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