scholarly journals A GARANTIA DO CONTRADITÓRIO AOS AUTORES DO ATO NORMATIVO NAS AÇÕES CONCENTRADAS DE CONSTITUCIONALIDADE E INCONSTITUCIONALIDADE NO DIREITO COMPARADO

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Arménio Alberto Rodrigues Da Roda
Keyword(s):  
Comparative Law ◽  
The Political ◽  
Legal Nature ◽  
Political Motivation ◽  
Political Model

THE GUARANTEE OF THE CONTRADICTORY TO THE AUTHORS OF THE NORMATIVE ACT IN CONCENTRATED CONTROL OF CONSTITUTIONALITY AND UNCONSTITUTIONALITY IN COMPARATIVE LAWRESUMO: O presente artigo tem por objeto fulcral, discutir de forma comparada a possibilidade do exercício do contraditório, pelo autor do ato normativo incompatível com à constituição, em processo ou em procedimentos das ações concentradas de declaração de constitucionalidade ou inconstitucionalidade. Para que este, se pronuncie em relação a suposta antinomia existente correlação a Constituição, e que argumente a motivação política primária, que tenha dado origem a aprovação do tal ato normativo questionado. Outrossim, agregar de forma sumária a análise dos efeitos das ações constitucionais acima mencionadas, no âmbito comparado, distinguindo o modelo político de controle de constitucionalidade e modelos judiciais, consequentemente debruçar-se sobre a natureza jurídica dos mesmos. PALAVRAS-CHAVE: Garantia do Contraditório; Natureza política; Ações Concentradas de Constitucionalidades, Direito Comparado ABSTRACT: The purpose of this article is to discuss in a comparative way the possibility of the exercise of the contradictory, by the author of the normative act incompatible with the constitution, in process or in proceedings of concentrated actions of declaration of constitutionality or unconstitutionality. For the author may bring comment on the alleged antinomy that exists with the Constitution, and to argue the primary political motivation that gave sense to the approval of such a normative act. Furthermore, summarize the analysis of the effects of the above constitutional actions, in the comparative scope, distinguishing the political model of control of constitutionality and judicial models, consequently addressing the legal nature of them.KEYWORDS: Contradictory Guarantee; Political nature; Concentrated Constitutional Actions, Comparative Law Data da submissão: 17/10/2019                  Data da aprovação: 05/05/2020

Orthodox arrangement of the Pochaiv Lavra in the second third of the XIX century.

2021 ◽  
pp. 13-41
Author(s):  
Ella Volodymyrivna Bystrytska
Keyword(s):  
Local Level ◽  
The Political ◽  
Special Role ◽  
Economic Activities ◽  
Government Officials ◽  
Political Motivation ◽  
Archival Documents ◽  
The Status ◽  
The Russian Empire ◽  
Xix Century

Abstract: A series of imperial decrees of the 1820s ordering the establishment of a Greco-Uniate Theological Collegium and appropriate consistories contributed to the spread of the autocratic synodal system of government and the establishment of control over Greek Uniate church institutions in the annexed territories of Right-Bank Ukraine. As a result, the Greco-Uniate Church was put on hold in favor of the government's favorable grounds for the rapid localization of its activities. Basilian accusations of supporting the Polish November Uprising of 1830-1831 made it possible to liquidate the OSBM and most monasteries. The transfer of the Pochaiv Monastery to the ownership of the Orthodox clergy in 1831 was a milestone in the liquidation of the Greco-Uniate Church and the establishment of a Russian-style Orthodox mono-confessionalism. On the basis of archival documents, the political motivation of the emperor's decree to confiscate the Pochayiv Monastery from the Basilians with all its property and capital was confirmed. The transfer to the category of monasteries of the 1st class and the granting of the status of a lavra indicated its special role in strengthening the position of the autocracy in the western region of the Russian Empire. The orders of the Holy Synod outline the key tasks of ensuring the viability of the Lavra as an Orthodox religious center: the introduction of continuous worship, strengthening the personal composition of the population, delimitation of spiritual responsibilities, clarifying the affiliation of the printing house. However, maintaining the rhythm of worship and financial and economic activities established by the Basilians proved to be a difficult task, the solution of which required ten years of hard work. In order to make quick changes in the monastery, decisions were made by the emperor and senior government officials, and government agencies were involved at the local level, which required the coordination of actions of all parties to the process.

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

scholarly journals EL NACIONALISMO FRANQUISTA. Catolicismo, antiliberalismo, fascismo

Cliocanarias ◽  
2021 ◽  
pp. 1-43
Author(s):  
Miguel Ángel Perfecto García ◽  
Keyword(s):  
Catholic Church ◽  
First World War ◽  
The Political ◽  
World War ◽  
Francisco Franco ◽  
The Social ◽  
The First World War ◽  
Political Model ◽  
First World ◽  
Social Level

The regime of general Francisco Franco imposed a nationalist model from two ideological sources: the nationalcatholicism, an antiliberal proposal of the Catholic Church that identified Spain with catholicism; and the anti-liberal and fascist alternatives born in the heat of the European political-social crisis and Spanish of the First World War. The political model was strongly centralist, authoritarian and interventionist around Castile and the Castilian language, rejecting the other nationalist models. At the social level, the corporate proposal stood out by means of the compulsory framing of workers and businessmen in the Spanish Organización Sindical, the unique trade union of Francoism led by the unique party Falange Española Tradicionalista y de las JONS

scholarly journals Afirmasi Partai Politik Meningkatkan Partisipasi Perempuan: Sebuah Studi di Kabupaten Sumenep

2019 ◽  
Vol 5 (2) ◽  
pp. 306
Author(s):  
Moh Ikmal
Keyword(s):  
Qualitative Research ◽  
Affirmative Action ◽  
Data Collection ◽  
Political Parties ◽  
Political Participation ◽  
The Political ◽  
Data Validation ◽  
Personal Approach ◽  
Political Model ◽  
Women's Political Participation

The purpose of this study is to find out how the affirmative action of political parties in encouraging women’s political participation in Sumenep Regency. This study uses descriptive qualitative research with data collection procedures in the form of interviews, observation and documentation. Data validation techniques used are source triangulation techniques in the form of person and paper. The results show that the efforts made by political parties of Sumenep Regency in building women’s political participation include, 1) parties taking an internal/personal approach; 2) programmatic, structured and continuous development of the political model of female cadres; 3) hold meetings at times that are possible to be attended by female cadres and times that are not too preoccupied with household needs.

Political Governance in Higher Education

2021 ◽  
Vol 14 (2) ◽  
pp. 97-117
Author(s):  
Adnan ElAmine
Keyword(s):  
Higher Education ◽  
Public Universities ◽  
Arab Countries ◽  
Quality Of Education ◽  
The Political ◽  
Political Model ◽  
Governance In Higher Education ◽  
Political Governance

This paper uses a model of governance in higher education, called the political model, that explains the role of universities as agencies of control and socialization, with a resulting repercussion on the quality of education. It compares this model with common models such as the academic, Napoleonic, market-oriented and managerial. It undertakes a review of ten published cases studies, each dealing with the oldest public universities in ten Arab countries, using a historical approach, from their inception until 2016. Among the ten public universities, nine fall into the category of the political model, while the tenth represents the Napoleonic model. The discussion opens the field for further research.

SOME QUESTIONS OF THE THEORY OF SOVEREIGNTY STATES

2020 ◽  
Vol 20 (2) ◽  
pp. 185-197
Author(s):  
Kadyrbek Umetov ◽  
Keyword(s):  
International Law ◽  
Political System ◽  
Active Participation ◽  
The State ◽  
The Political ◽  
Kyrgyz Republic ◽  
The Real ◽  
Legal Science ◽  
Legal Nature ◽  
Former Soviet Republics

The article reveals the concept of sovereignty as one of the key categories of political and legal science and international law, which has the character of a fundamental norm; various theories that have taken diametrically opposed positions on the issue of determining the legal nature of sovereignty, ranging from its origins to its modern understanding, are considered. The author studied the processes of creating preconditions and historical conditions that ensure the Kyrgyz Republic's active participation in the sovereignization of the former Soviet republics. He defined the specific directions, course and degree of transformation of the Political System of Kyrgyzstan on the basis of declarations of sovereignty and independence, as well as the Constitution of the Kyrgyz Republic. Sovereignty is a property inherent in each subject in itself, and cannot be derived from the sovereignty of another entity, in which it sees the embodiment of the real sovereignty of the State.

Leituras do Sublime : Lyotard e Derrida

2002 ◽  
Vol 10 (19) ◽  
pp. 131-154
Author(s):  
Ana Anahory ◽  
Keyword(s):  
The Political ◽  
Avant Garde ◽  
Political Experience ◽  
The Sublime ◽  
The Gift ◽  
Political Model ◽  
Way Of Thinking ◽  
Kantian Philosophy ◽  
Negative Representation

In the 80’s, the situation after the reception of kantian philosophy was suddenly shaken by Jean-François Lyotard’s and Jacques Derrida’s approaches to the Critique of Judgement. These were so massively decisive that they reorganized the bounderies of modernity in projecting the Analytique of the sublime as the ground of legitimation of our aesthetical, ethical and political experience. For Lyotard, the sublime subject contained not only the necessary categories to think the avant-garde art but it could also offer kernels of resistance towards the political model of neocontractualism. Derrida changes the topic of negative representation of the impossible into the theorical coordinates of a new way of thinking such different themes as the hospitality, the responsibility, the justice, the decision, the gift or the death. In both authors, Kant becomes too close, so close that he is almost out of focus, especially regarding what can be unthinkable in his work.

The Democratic Divide

2012 ◽  
pp. 1010-1017
Author(s):  
Seong-Jae Min
Keyword(s):  
Political Participation ◽  
Human Behavior ◽  
Digital Literacy ◽  
Communication Technologies ◽  
The Political ◽  
Social Question ◽  
Political Motivation ◽  
Different Levels ◽  
Critical Social

The democratic divide, or the political participation gap in cyberspace, raises a critical social question as it suggests that new communication technologies, which are expected to contribute to the development of all humans, actually widen the political inequalities among different segments of people. Studies of the democratic divide show that human behavior in cyberspace is not equal, as individuals possess different levels of digital literacy and political motivation. The democratic divide will likely persist in a variety of forms.

How Civic is Russia's New Civil Religion and How Religious is the Church?

2017 ◽  
pp. 125-155 ◽  
Author(s):  
Yuri Teper
Keyword(s):  
National Identity ◽  
Civil Religion ◽  
The Political ◽  
Religious Institutions ◽  
The Face ◽  
Political Model ◽  
Soviet Russia ◽  
Religious Elements ◽  
The Church

This chapter demonstrates how and why a shift in the balance between civic and religious elements of a civil religion can take place, using Russia as an illuminating case study. Post-Soviet Russia is used to demonstrate how religion can be utilized to reinforce national identity and the legitimacy of the political system in the face of their civic weaknesses. The chapter demonstrates how, eventually, the civic-democratic political model officially designated during Yeltsin's presidency gradually changed to a more religiously grounded one, albeit a model that is not fully recognized, during Putin's rule. Moreover, the Russian case allows us to differentiate between two possible levels of civil religion: an official and openly communicated secularism, and an established church religion, promoted by the establishment in more subtle but not necessarily less aggressive ways. It further shows that just as the state has to adopt religious features in order to be deified, religious institutions have themselves to become more secular to be suitable for adoption as the state's civil religion.

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