Selected issues of legal interpretation in the jurisprudence of the Constitutional Court.

2016 ◽  
Vol 2 (1) ◽  
pp. 87-98
Author(s):  
Piotr Szudejko
Keyword(s):  
Political System ◽  
Public Discourse ◽  
The Political ◽  
Constitutional Court ◽  
Legal Interpretation ◽  
Interference Function ◽  
Economic Changes ◽  
The Public ◽  
Legal Provisions

The ongoing dispute in Poland for the position in the political system and the functioning of the Constitutional Court is highlighting the problems of the legal interpretation, conducted by this body.The aim of the article is to analyze selected problems signaled in the public discourse: the acting of the Constitutional Court as a judge in its own case and the use of dynamic and static methods of legal interpretation.The basis for deliberation is a description of the functions exercised by the Constitutional Court, including interference function, as well as the basic classification of legal interpretation, with particular emphasis on dynamic and static interpretation. On this background, an analysis of the admissibility and the consequences of the use of these methods of interpretation in the jurisprudence of the Court was presented.Moreover, the principle nemo judex in causa sua was presented, including the description of its role in the Polish legal system as well as permitted exceptions.The result of the study was the observation that the legal provisions do not define acceptable methods of interpretation, which means that the entity that is performing legal interpretation has the discretion in choosing the appropriate method. At the same time the thesis has been proposed, that the use of a dynamic interpretation of constitutional models should be considered an exception, justified by the occurrence of significant socio-economic changes.

scholarly journals Kebijakan Pendidikan Sebagai Kebijakan Publik dalam Sistem Politik di Indonesia

2017 ◽  
Vol 2 (1) ◽  
pp. 78-91
Author(s):  
Maskuri Maskuri
Keyword(s):  
Education Policy ◽  
Education System ◽  
Political System ◽  
The Political ◽  
Constitutional Court ◽  
Governance System ◽  
Reform Era ◽  
The Public ◽  
History Of ◽  
Political Configuration

In the history of Indonesian, education policy has always been dynamic. Before independence until the reform era of education policy can not be separated from the political system. We know that education policy as part of education policy is a political product. Political configuration in every era of state political leadership has always changed according to the political wind and the configuration of political rulers. However, forces outside the governance system, such as educational community groups, will give color to the education system. When the political system demands the centralization of power, the education system will also concentrate on a centralized government. With the flow of reforms, it has spawned many changes in the education system. Several articles, even the law which, according to the public, lack attention to the aspect of education itself, are sued to the Constitutional Court. Along with the policy of regional autonomy, education policy must be able to adjust to the development of society in autonomous regions. This necessarily requires the creativity of leaders in the region in terms of promoting education in the region in accordance with the aspirations of the community.

scholarly journals Populist radical right parties, welfare policy and population health in Europe

2019 ◽  
Vol 29 (Supplement_4) ◽  
Author(s):  
C Rinaldi ◽  
M P M Bekker
Keyword(s):  
Public Health ◽  
Welfare State ◽  
Population Health ◽  
State Policy ◽  
Political System ◽  
Radical Right ◽  
The Political ◽  
Policy Agenda ◽  
The Public ◽  
The Relationship

Abstract Background The political system is an important influencing factor for population health but is often neglected in the public health literature. This scoping review uses insights from political science to explore the possible public health consequences of the rise of populist radical right (PRR) parties in Europe, with welfare state policy as a proxy. The aim is to generate hypotheses about the relationship between the PRR, political systems and public health. Methods A literature search on PubMed, ScienceDirect and Google Scholar resulted in 110 original research articles addressing 1) the relationship between the political system and welfare state policy/population health outcomes or 2) the relationship between PRR parties and welfare state policy/population health outcomes in Europe. Results The influence of political parties on population health seems to be mediated by welfare state policies. Early symptoms point towards possible negative effects of the PRR on public health, by taking a welfare chauvinist position. Despite limited literature, there are preliminary indications that the effect of PRR parties on health and welfare policy depends on vote-seeking or office-seeking strategies and may be mediated by the political system in which they act. Compromises with coalition partners, electoral institutions and the type of healthcare system can either restrain or exacerbate the effects of the PRR policy agenda. EU laws and regulations can to some extent restrict the nativist policy agenda of PRR parties. Conclusions The relationship between the PRR and welfare state policy seems to be mediated by the political system, meaning that the public health consequences will differ by country. Considering the increased popularity of populist parties in Europe and the possibly harmful consequences for public health, there is a need for further research on the link between the PRR and public health.

What Changes for the Constitutional Court with the New Russian Constitution?

2021 ◽  
Vol 6 (1) ◽  
pp. 27-49
Author(s):  
Ivan S. Grigoriev
Keyword(s):  
Political System ◽  
Institutional Development ◽  
Status Quo ◽  
The Political ◽  
Constitutional Court ◽  
Locus Standi ◽  
The Status ◽  
Russian Constitution ◽  
International Obligations

Abstract Of the 206 amendments introduced to the Russian constitution and adopted on July 1, 2020, 24 deal directly with the Constitutional Court, its organization, functioning, and the role it plays in the political system. Compared to many other, these are also rather precise and detailed, ranging from the number of judges on the bench, their nomination and dismissal, to the Court’s inner procedures, new locus standi limitations, and the primacy of the Constitution over Russia’s international obligations. Most changes only reproduce amendments brought to the secondary legislation over the last twenty years, and are therefore meant to preserve the status quo rather than change anything significantly. At the same time, a number of amendments aim at politicizing and instrumentalizing the Court for the president’s benefit, marking a significant departure from the previous institutional development.

The Monuments to the War Dead in Classical Athens: Form, Contexts, Meanings

2012 ◽  
Author(s):  
POLLY LOW
Keyword(s):  
Political System ◽  
The Political ◽  
The Public ◽  
Physical Location ◽  
War Dead ◽  
The City ◽  
The Way

This chapter discusses one of the best-known instances of classical commemoration: the public funeral and collective burial and commemoration of the Athenian war dead. Its particular aim is to explore the various contexts in which Athenian practice might be understood. How do these monuments fit into the wider picture of Athenian burial and commemoration, in terms of both form and physical location? How do they relate to the political system and ideology of the city that created them? And how might these contexts shape the way in which the monuments were used and understood by contemporary and later viewers?

scholarly journals What Does a Constitution Expect from Immigrants?

2017 ◽  
Vol 18 (7) ◽  
pp. 1641-1656 ◽  
Author(s):  
Uwe Volkmann
Keyword(s):  
National Culture ◽  
Social Practice ◽  
Political System ◽  
Point Of View ◽  
Political Community ◽  
The Political ◽  
Political Actors ◽  
The Public ◽  
The Media ◽  
Clear Idea

It is a long-established commonplace in any debate on immigration that immigrants should integrate into their receiving society. But integrate into what precisely? Into the labor market, into the legal order, into the political system, into a national culture whatever this might comprise? The Article tries to approach the question from the legal point of view and looks for hints or clues in the constitution which might help us with the answer. For this purpose, it explores the general theory of the constitution as it has been shaped by its professional interpreters as well as by political actors, the media and the public. The main intuition is that “constitution” is not only a written document, a text with a predefined, though maybe hidden meaning; instead, it is a social practice evolving over time and thereby reflecting the shared convictions of a political community of what is just and right. Talking about constitutional expectations toward immigrants then also tells us something about ourselves: about who we are and what kind of community we want to live in. As it turns out, we may not have a very clear idea of that.

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.

The Safety of Participants in Pilgrimages,Processions and Funeral Corteges Using Public Roads

2016 ◽  
Vol 8 (2) ◽  
pp. 123-0
Author(s):  
Aleksander Babiński
Keyword(s):  
National Security ◽  
Religious Belief ◽  
Political System ◽  
The Political ◽  
Public Order ◽  
Freedom Of Conscience ◽  
The Public ◽  
Democratic State ◽  
Legal Situation

A feature of the constitution is that the political system assumes a right to exercise freedom of conscience and religion.In the reality of a totalitarian state the ability to use this freedom was not so evident since, despite the formal guarantee, this ability was limited. In a democratic state of law, this freedom has been clarified by the legislature. By virtue of the Constitution expressions of religious belief may be restricted by law only when it is necessary to protect national security, public order, health, morals or the rights and freedoms of others. The legislation establishing special arrangements to enable the public exercise of worship does not introduce such restrictions. On the contrary, it facilitates its execution. A particular mode of worship involves events that take place entailing the use of public roads. Legislation providing for the use of roads assumes a formalisation of carrying out such religious ceremonies as pilgrimages, processions and funeral corteges on the roads. The article presents legal solutions to enable them to be carried out, indicating the dependence resulting from the category of road on which they are held and solutions designed to ensure the safety of the participants as specific users of public roads. It states which authorities are competent to make arrangements in this regard, indicating the multiplicity of authorities that need to be involved in this process. In the context of the existing legal situation, whether the solutions adopted allow determination of those responsible for the security and the scope of arrangements to ensure the safety of participants of pilgrimages, processions or funeral corteges is important.

scholarly journals The marketization of English higher education and the financing of tuition fees

2016 ◽  
Author(s):  
David Palfreyman ◽  
Ted Tapper
Keyword(s):  
Higher Education ◽  
Undergraduate Student ◽  
Public Funding ◽  
Green Paper ◽  
The Political ◽  
Tuition Fees ◽  
Economic Changes ◽  
The Public ◽  
Political Consensus ◽  
Student Funding

This article explores the marketization of English higher education with particular reference to the introduction of undergraduate student tuition fees. It argues that the breakdown of the political consensus that underwrote the public funding of undergraduate student funding was the consequence of ideological and economic changes that, following the threat of some universities to impose top-up fees, resulted in the appointment of the Dearing Committee and thereafter the steady introduction of variable fees up to a ceiling of €9,000 per annum, repayable through income-contingent loans. It reviews the contemporary breaking of the political consensus on this issue, as evidenced by the Labour Party's promise in the 2015 general election campaign to lower the maximum annual fee to €6,000, with the further possibility of replacing income-contingent loans with a graduate tax. It concludes by putting forward the policy options that are likely to emerge in the context of the publication of the current government's Green Paper on higher education.

Arguing Abortion: The New Anti-Abortion Discourse in Canada

2013 ◽  
Vol 46 (1) ◽  
pp. 157-185 ◽  
Author(s):  
Paul Saurette ◽  
Kelly Gordon
Keyword(s):  
Quantitative Analysis ◽  
Cultural Values ◽  
Political Discourse ◽  
Public Discourse ◽  
The Political ◽  
Qualitative And Quantitative Analysis ◽  
The Public ◽  
Qualitative And Quantitative ◽  
Fetal Personhood

Abstract.This article analyzes the nature of contemporary anti-abortion discourse in Canada. Based on a rigorous qualitative and quantitative analysis of the public discourse of a wide variety of influential actors, this study shows that contemporary anti-abortion discourse in Canada is quite different than the portrait offered by traditional accounts. Specifically, our analysis demonstrates that the new anti-abortion discourse aims at changing cultural values more than legislation; is explicitly framed as ‘pro-woman’; largely avoids appealing to religious grounds; and relies on a new ‘abortion-harms-women’ argument that has supplanted and transformed traditional fetal personhood arguments. The article argues that these findings are important as they provide a more accurate account of the political discourse surrounding one of the most contentious issues in politics today and because they illustrate broader ideological patterns that are increasingly characteristic of Canadian political discourse.Résumé.Cet article propose d'analyser la nature du discours contemporain sur l'anti-avortement au Canada. Fondée sur une analyse qualitative et quantitative rigoureuse du discours public d'une grande variété d'acteurs influents, cette étude démontre que le discours contemporain sur l'anti-avortement au Canada se distingue de manière caractéristique du portrait qu'il en a traditionnellement été donné. Notre analyse révèle en particulier que le nouveau discours sur l'anti-avortement vise plutôt à transformer les valeurs culturelles que la législation; qu'il est explicitement formulé comme étant « pro-femme »; qu'il évite de faire appel à des motifs religieux; et qu'il déploie un nouvel argument, « l'avortement-nuit-aux-femmes », qui évince et transforme les arguments traditionnels qui cherchaient à accorder le statut de personne au fétus. Cet article argumente alors que ces constats sont importants non seulement parce qu'ils permettent de brosser un tableau plus complet du discours politique qui touche à l'une des questions les plus controversée de la politique contemporaine, mais également parce qu'ils mettent en évidence des tendances idéologiques de plus en plus caractéristiques du discours politique au Canada.

THE MEANING OF ENTRANCE AND SCENERY SPACES IN THE LITHUANIAN ARCHITECTURE OF PUBLIC BUILDINGS OF 1960–1980S / ĮEIGŲ IR REGYKLŲ REIKŠMĖ LIETUVOS XX A. 7–9 DEŠIMTMEČIŲ VISUOMENINĖS PASKIRTIES PASTATŲ ARCHITEKTŪROJE

2012 ◽  
Vol 36 (3) ◽  
pp. 181-193
Author(s):  
Audrius Novickas
Keyword(s):  
Political System ◽  
Aesthetic Experience ◽  
Modern Architecture ◽  
Soviet Period ◽  
The Political ◽  
Public Buildings ◽  
The Public ◽  
Architectural Elements ◽  
And Control

The paper explores the meaning of bridges, stairways, ramps as well as terraces, balconies, glass facades as emphasized in most important examples of Lithuanian modern architecture of 1960–1980s. These architectural elements are looked at as constitutive in design of entrance and scenery spaces of the public buildings of the period. The assumption is made that analysis of entrance and scenery spaces is instrumental in interpreting the program aspects of Lithuanian architecture of Soviet period in the broader contexts of modern paradigms, aims of the political system and aspirations of individual architects. The research is aimed to reveal the entrance and scenery space formats as embodying the architecture of power effects, signifying the system to discipline and control as well as skills of individual architects to embody sublime environments of aesthetic experience. Santrauka Straipsnyje nagrinėjama tiltų, laiptų, rampų, atvirų terasų ir balkonų, įstiklintų fasadų reikšmė svarbiausių XX a. 7–9 dešimtmečių Lietuvos visuomeninės paskirties pastatų architektūroje. Šie elementai tiriami kaip formuojantys pastatų įeigas ir regyklas. Daroma prielaida, kad įeigų ir regyklų analizė teikia pagrindą interpretuoti Lietuvos sovietinių metų moderniosios architektūros programinius aspektus platesniame epochos paradigmų, sistemos politinių tikslų ir individualių architektų meninių aspiracijų kontekste. Siekiama atskleisti, kad įeigos ir regyklos rodo visuomeninius pastatus esant kokybinio pokyčio proceso ir galios efektų erdvėmis, įkūnijančiomis ne tik sistemos siekį disciplinuoti ir kontroliuoti, bet ir architekto gebėjimą formuoti mėgavimosi estetiniais architektūros aspektais aplinkas.

Sign in / Sign up

Export Citation Format

Share Document