scholarly journals Legislative Amendment of Citizen Initiatives: Where the “Will of the Voter” Meets the “Consent of the Elector”

2021 ◽  
Vol 30 (1) ◽  
Author(s):  
Derek Langhauser
Keyword(s):  
Subject Matter ◽  
The State ◽  
Leadership Responsibility ◽  
The People ◽  
The Will ◽  
The Subject ◽  
Citizen Initiatives

This article discusses the issues involved in legislative amendment of citizen initiatives in Maine by explaining the legislature’s authority to amend or repeal citizen initiatives, how and why the Maine Constitution specifically provides for that authority, and how and why that approach is conceptually consistent with numerous other provisions and principles of our Constitution. This article further suggests the types of issues that, regardless of the subject matter in question, the legislature should consider in deter­mining whether, and if so how and when, to change a directly democratic act of the people. Such considerations when earnestly applied can serve to balance the legislature’s representational duty to mind the popular will as well as its leadership responsibility to steward the state with the additional exercise of the legislature’s own lawmaking power.

scholarly journals The Model Construction and Path Exploration of Ruling by Law

2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Xuanming Zhang
Keyword(s):  
Civil Rights ◽  
Political Parties ◽  
The State ◽  
Dynamic Mode ◽  
Development Path ◽  
The People ◽  
Development Route ◽  
The Will ◽  
The Subject ◽  
The Masses

From the time when it came to power, the Chinese Communist Party’s mode of governance has shifted from "ruling according to policies" to "ruling according to law." Domestic scholars have done a lot of discussion on the basic connotation and related concepts of governing by law. Most of these theoretical discussions are static and are an analysis and explanation of the actual situation. The Communist Party’s ruling turn is an inevitable choice of regularity within the ruling logic, and more of a dynamic choice. The study of the logic of governing by law can more clearly discover the law of development followed by the Communist Party's way of governing. After this static analysis, the development route within the logic can be extracted. Combining the research results of academia, construct a dynamic mode of governing by law, find the subject, object and development path of governing by law, so as to clarify the reasonable boundary of civil rights, party power and political power, coordinate the development relationship among the masses, political parties and the state, and standardize The progressive process of the will of the people, the will of the party, and the will of the state.

The Mystery of Freedom

2020 ◽  
pp. 192-206
Author(s):  
Pilar López de Santa María
Keyword(s):  
The State ◽  
Theory Of Knowledge ◽  
The Will ◽  
The Subject ◽  
Different Parts

Freedom is the focus of the first of the writings included in The Two Fundamental Problems of Ethics. The attention that Schopenhauer devotes to the subject does not stop here, however, since freedom appears recurrently in different parts of his system. It is linked to his theory of knowledge, metaphysics, aesthetics, and the denial of the will. This chapter follows that track and examines the presence in different contexts of Schopenhauerian thought of a freedom that is so undeniable as unexplainable. In this way will be shown Schopenhauer’s transition from the freedom of the voluntas to the freedom of noluntas [non-willing] and the state of great liberation that occurs because the will frees itself from itself. It is a transition that begins and ends at the same point: mystery

scholarly journals Corruption Crime Eradication by Corruption Eradication Commission Through Red-handed Catch Operation on Bribery Action

2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas
Keyword(s):  
Subject Matter ◽  
Action Control ◽  
The State ◽  
Financial Loss ◽  
Government Officials ◽  
The Public ◽  
A Value ◽  
The Subject ◽  
The Government ◽  
Fundamental Consideration

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.

The concept and socio-economic essence of the constitution as the fundamental law of the state

2020 ◽  
Vol 59 (10) ◽  
pp. 101-104
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Political Institutions ◽  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
The People ◽  
Legal Document ◽  
The Will ◽  
Fundamental Law ◽  
The Republic ◽  
Fundamental Rights And Freedoms

The Constitution is the fundamental law not only of the state, but also of society, expressing the will of statehood and the sovereignty of the people. The Constitution establishes the fundamental rights and freedoms of man and citizen, socio-political institutions of power and a system of self-government of the people and acts as a legal basis for the formation and development of civil society. The constitution can be viewed as a micromodel, a legal symbol of society. It is within its borders and on its basis that the mechanism of state power operates, the rights and freedoms of citizens are protected, the directions of social development are determined. The Constitution of the Republic of Azerbaijan is a fundamental legal document establishing sovereignty, independence and supremacy of state power. The Constitution of the Republic of Azerbaijan covers not only the structure of the state, but also non-state spheres - the foundations of the socio-economic structure, the cultural life of society, the rights, freedoms and duties of a person and a citizen. Key words: constitution, right, state, law, society, fundamental law, regulation, human rights and freedoms

Efficiency Analysis of Food Processing Industry

2021 ◽  
pp. 097084642110451
Author(s):  
Seema Shrivastava
Keyword(s):  
Subject Matter ◽  
Food Processing ◽  
Efficiency Analysis ◽  
The State ◽  
Food Processing Industry ◽  
Processing Industry ◽  
The Real ◽  
The Subject ◽  
Efficiency And Productivity

Food processing industry (FPI) is at a nascent stage and is tagged as a sunshine industry. The efficiency and productivity of the inputs for the aforesaid industries have to be measured to not only find out if the potential is achieved or not, but also to identify the grey areas. Against such a backdrop, it is obvious that industries like FPI would grow and become the subject matter for further investigation. The research revealed that the majority of cases have been consistent with the real facts and the underlying principles, and the structure of the economy provide valid reasons for it. However, in some cases, the results have not been consistent with the movement of the economy and there are no valid economic reasons for the performance of the state.

3.2 The subject matter of treaties The potential subject matter of treaties is unlimited; they can be about anything over which the government has authority. Treaties tend to contain two types of propositions: • specific obligations that States agree to follow and enforce; • statements about ideals and expression of joint hopes, standing as statements of good intention. An example would be the expressed desire of States to co-operate in co-ordinating developments in a specific area (for example, the treaties setting up the EU to cooperate in a range of areas). 5.3.3 The process of formalising agreement to be bound by a treaty Once the matters to be included in the treaty are settled, it is drafted, approved by prospective States and then opened for signature by an authorised person from each State (the signatory). Sometimes it is not possible for everyone to be available to sign it at the same time in each other’s presence. It is formally signed by the Head of Government or other authorised person (the signatory) or persons (signatories) in each State. The signature is in an expression of interest by the relevant State and an additional process has to take place. The whole government, or legislature, or people, of each signatory State in the usual manner for that State has to agree to the treaty, allowing ratification of the treaty to take place. This marks the formal agreement by the State to be bound by the treaty as signed. An example of this two stage process is Norway’s application to join the EC in 1973. The government of Norway signed an accession treaty joining the EC. However, the people of Norway were not prepared to support joining and the government lost a referendum (a ballot put to the people). The government, therefore, could not ratify the treaty and Norway did not join the EC. 5.3.4 The methods to minimise dissent in the negotiation process When a treaty is being negotiated by a group of nation States it may well be the case that whilst one State may be in favour of most of the treaty there are matters under discussion which they do not like, and cannot at that time agree to. Rather than risk the whole treaty failing to be negotiated, which could be an international political disaster, methods have been devised to get round these potential serious problems. If the nation State agrees with the core of the treaty but does not wish to be bound by certain aspects of the treaty they can make this clear by entering what is called a ‘derogation’. They agree the treaty with the disliked item ‘taken away’: the State opts out of that aspect. A written record of the derogation is drawn up, signed by the State concerned, and attached to the treaty. If the State is potentially sympathetic to an aspect of the treaty but for political reasons (perhaps lack of support in the nation as a whole for that particular item)

2012 ◽  
pp. 130-130
Keyword(s):  
Subject Matter ◽  
Specific Area ◽  
Negotiation Process ◽  
The State ◽  
Nation States ◽  
The People ◽  
Usual Manner ◽  
Additional Process ◽  
The Government ◽  
Head Of Government

Democracy and Civic Culture

2009 ◽  
Author(s):  
Filippo Sabetti
Keyword(s):  
Political Culture ◽  
Subject Matter ◽  
The State ◽  
Civic Culture ◽  
Future Research ◽  
The Subject ◽  
State Of Research ◽  
The Relationship ◽  
The Way

This article attempts to take stock of the state of research on democracy and culture by providing answers to several sets of questions. It seeks to improve the understanding of the relationship between culture and action, and between political culture and democratic outcomes. The article begins by exploring the way the literature has dealt with the possible meaning of culture and political culture and their relationship to action. It also suggests why there has been little contribution to democracy derived from political culture research, and identifies how the efforts to rethink how and why the subject matter is approached in certain ways led many analysts to break out of established epistemological demarcations. This eventually led to the reinvigorated tools of investigation and research on democracy and civic culture. The article concludes with a discussion on the implications of improved tools of investigation for future research.

III. The Poetry: You can’t observe too carefully in Lucretius. SAINTSBURY

1977 ◽  
Vol 11 ◽  
pp. 25-35
Keyword(s):  
Subject Matter ◽  
The State ◽  
The Subject

The subject-matter of the D.R.N. is physics, not ethics; yet the genesis of the poem, as of the Epicurean system itself, must be sought in a moral revulsion. This is one of several apparent paradoxes confronting the interpreter of Lucretius. Like Juvenal (though the comparison with Juvenal’s nostalgic myopia should not be pressed) Lucretius looked at the state of mankind and was appalled by what he saw. He himself would have desired no better epitaph than the words that he applied to Epicurus (6. 24-34). But in taking on himself the mantle of Epicurus he did not inevitably become, what page after page of the D.R.N. proclaims him to be, one of the great satirists of all time. This character no doubt suited his bent; if words alone can ever demonstrate what the romantic critic calls sincerity, Lucretius was sincere.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

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