Abuse Of Power Research Articles

Police-Perpetrated Domestic and Family Violence: A Scoping Review of Australian and International Scholarship

The perpetration of domestic and family violence (DFV) by police officers is a serious abuse of power and has generated a growing body of scholarship in Australia and internationally. Police are uniquely positioned to draw on their expertise, training, and access to weapons to perpetrate DFV while often evading accountability and leaving victim-survivors with limited options to seek protection and redress. This paper sets out findings from a scoping review of 54 scholarly articles, chapters, theses, and other papers which address police-perpetrated DFV (PPDFV). The review generates insight into the methodological, theoretical, and critical implications of PPDFV scholarship across policing, criminology, psychology, sociology, and gender-based research. We identify gaps in jurisdictional coverage and understandings of the rates, prevalence, and nature of PPDFV. The importance of intersectional and critical research, which considers the impacts on PPDFV of gender, race, and sexuality, is also signposted.

URGENSITAS PEMBATASAN MASA JABATAN LEGISLATIF PERSPEKTIF RADBRUCK THEORY

The lack of regulation on the length of time someone can hold a legislative position is a significant issue in Indonesia. It can lead to abuse of power and hinder the fair execution of duties. Instead of protecting people from executive intimidation, the reform movement has created opportunities for unchecked legislative power. This article discusses the importance of limiting the length of legislative terms from philosophical, sociological, and legal perspectives, as proposed by Radbruck. Implementing specific regulations as part of the 1945 NRI Constitution can help address the legal gaps that currently allow excessive legislative power. This can be achieved by updating laws related to elections, political parties, and legislative bodies and refining candidacy requirements in electoral regulations. Any new regulations must align with the philosophical, sociological, and legal values of enforcing those regulations.

Enhancing Public Service Delivery through Digital Transformation: A Study on the Role of E-Government in Modern Public Administration

Digital transformation has become a crucial element in improving the quality of public service delivery, particularly through the implementation of e-government. This study aims to analyze the role of e-government in enhancing the effectiveness and efficiency of modern public administration. Using a qualitative research method through literature analysis and in-depth interviews with government employees across several public service agencies in Indonesia, this study explores the benefits and challenges faced in the implementation of e-government. The findings indicate that e-government significantly contributes to expediting public service processes, increasing transparency, and minimizing potential corruption and abuse of power. Furthermore, e-government enables more effective interagency collaboration through integrated information systems, positively impacting operational efficiency. However, the study also identifies obstacles to the adoption of e-government, such as limited digital infrastructure, resistance from government officials, and the digital divide in society, which can reduce its effectiveness. This study concludes that e-government can serve as a strategic instrument for public administration reform if supported by infrastructure improvements, human resource training, and increased public digital literacy. Consequently, e-government not only enhances the quality of public services but also strengthens accountability and public trust in the government. The study’s recommendations include strategies to improve information technology capacity, formulate policies that support digital transformation, and raise awareness and public participation in utilizing digital government services.

Enforcement of the Principle of Legality to Living Law as Legal Basis in the Positivism of Displacement Customary Law

Living law is an inseparable part of the Indonesian criminal law system. However, in perspective of legality principle, living law causing pros and cons. The idea of regulating the living law in Indonesian, as the basis for criminal prosecution, for unregulated act is still debated. The issue that will be analysed in this article is how to apply living law/adat law as a basis for prosecuting criminals related to the existence of legality principle and, how to measure the enforcement of living law in criminal process. Based on the analysis using the principle of legality, it can be concluded that living law, as basis for prosecution, is contrary to principle of legality and protection of human rights. The enactment of living law can potentially create legal uncertainty and abuse of power by the government. Law enforcement against living law is also difficult to implement, because it is tied to the four indicators. Therefore, the living law provision better not be placed as part of general principles in the Indonesian Penal Code Bill. Keywords: Code Bill: Legality principle; Living law.

Science in the clutches of elite sports: hard science, relational skills and power in Norwegian sports coaching

In this article, we examine the professionalization coaching in Norway, focusing on the years between 1990 and 2020. During this period, Norway started to perform comparatively well in international elite sport. Data are drawn from two relatively separate fields of Norwegian elite sport, namely elite football for men and the Norwegian organization for elite sports’ (Olympiatoppen) programme for future elite sport coaches. In our analysis, we rely on two sets of concepts: Giddens’ notion of reflexivity in late modern society, and Foucault’s concept of pastoral power. When concepts and methods from both the natural and the social sciences enter the clutches of elite sport, academic perspectives transform into recipes that aim to help athletes achieve more. The more the coach knows about the athlete, the better she can plan for training sessions. On the other hand, it creates a risk of manipulation and abuse of power.

Consequences of political interference on the professionalism of the Lesotho Defence Force

This article examines the consequences of political interference on the professionalism of the Lesotho Defence Force. Political interference has affected diverse African public institutions' smooth and professional operations. Using the qualitative research approach, the study examined the consequences of political interference on the professionalism of the Lesotho Defence Force. Data was gathered from secondary sources. The collected secondary data was analysed using thematic analysis. The identified consequences encompass the politicisation of the military, the abuse of power, compromised autonomy, erosion of meritocracy, degradation of civilian-military relations, threats to national security, and diminishing citizens’ trust. In light of these critical findings, the study advocates for decisive actions to mitigate the adverse effects of political interference. Specifically, the article recommends the comprehensive implementation of military security sector reforms aimed at fostering a transparent, accountable, and civilian-responsive military that aligns with the public's needs and operates in a manner consistent with international standards.

The institutional dimension of the inequality–corruption nexus: A varieties of capitalism assessment

AbstractAre unequal societies prone to the abuse of economic power to influence political decisions for private gains? We investigate how changes in inequality affect changes in corruption, controlling for comparative political economy factors. Our varieties of capitalism (VoC) approach explains corruption trends from an institutional viewpoint: liberal market economies (LMEs) exhibit lower corruption despite having high inequality. Coordinated market economies exhibit lower inequality but higher corruption, while state‐led non‐liberal economies have low inequality despite showing a range of degrees of corruption. Resource exporting economies show high corruption as well as inequality, akin to developing countries despite having higher national incomes. The relationship between changes in inequality and corruption diverges between the different VoC: strongly positive in coordinated and state‐led market economies, of an unclear sign in resource‐exporting economies, weak in resource‐poor developing countries, and downright negative in LMEs. Institutions are thus critical mediators of the socioeconomics of corruption.

The Poetics of Resistance: Christopher Monyoncho’s Fight against Corruption and Abuse of Power

In primordial Gusii cultural identity, the ills of corruption and abuse of power were unheard of. Value for life, a keen sense of justice, respect, mutual goodness with collective responsibility took centre-stage. Then came colonialism and westernisation in the first half of the twentieth century and the communal good and societal values were replaced with self-seeking individualism. Aside from the influence of westernisation and globalisation, capitalistic and paternalistic tendencies by both the so-called former colonial masters and their African successors gave birth to the monsters of corruption and abuse of power. These pushed the Ubuntu spirit into the periphery. This article uses the Benga music of Christopher Monyoncho to analyse the evident cultural identity shifts from the primordial collective societal support to a selfish and self-seeking hybrid identity. The analysis of the literariness of these poetic texts revealed the extent to which prized values of life such as mutual respect and common good which were centred on collective responsibility were watered down and metastasised into scary dragons worth slaying. Indeed, evils such as corruption, grabbing and abuse of power have spawned all over the country and Monyoncho decries such selfish endeavours in several of his popular poetry. This article therefore reads such poetry expositions as a way of laying them bare to the reading public

SOCIAL AND ENVIRONMENTAL INJUSTICE IN MORTAL ENGINES (2018) FILM: A STUDY OF POSTCOLONIAL ECOCRITICISM

This research aims to uncover the social and environmental issues depicted in Mortal Engines (2018) and explore the possible implications the film promotes from the disparity’s depiction concerning social and environmental justice. The study utilizes Huggan and Tiffin's Postcolonial ecocriticism and mise-en-scene theory, employing a descriptive-qualitative research method. The data is collected from the characters' dialogue and visual representations highlighting social and environmental injustice. The findings show that: 1) There are significant correlations and interconnectedness between different issues, resulting in social and environmental injustice within the film; 2) This injustice originates from ecological imperialism and is perpetuated by dualistic and binary thinking. These thinking patterns lead to bio-colonization, violence, abuse of power, marginalization, othering, and exploitation, contributing to power imbalances, social injustice, environmental racism, and degradation; 3) The depiction employs mise-en-scene, dialogue, symbols, allegory, visual language, and literary devices, the film effectively engages the audience and promotes social and environmental justice values; 4) The research also uncovers the film's role as an interventionist and counter-hegemony, advocating for social and environmental justice, decolonization, resistance, sustainability, humanity, and historicism.

Consented Abuses? Analyzing Perspectives of Christian Young Adults Regarding Human Rights Concerns in Neo-Pentecostal Deliverance Practices in Ghana

Deliverance practices have become central features of Ghanaian Pentecostalism. However, there have been human rights concerns and abuse of power regarding some of these practices. Consequently, using the theory of consumer religion, this article sought to analyze perspectives of some Christian young adults regarding some of these concerns. Findings suggest that deliverance is considered as a solution to existential problems and human rights concerns are not priorities that deliverance seekers, who are in search of solutions, are concerned about once their needs are met. The article concludes that, with popular knowledge of abuses in some of these deliverance practices and with no guarantee that one would not be abused, deliverance seekers vesting unfettered trust in pastor-prophets in these practices renders them as consenting by default to some of the abuses they are subjected to. The article contributes to the discourse on neo-Pentecostal deliverance practices in contemporary Ghana.

Interlopers by choice, or interlopers by circumstance? Alexey Navalny and alternative journalistic projects in contemporary autocratic Russia

In February 2024, Russian opposition activist Alexey Navalny died in a Western Siberian prison aged just 47. Known as a vocal opposition leader in Russia in the 2010s, he was regularly trying to be elected but also organised the largest mass anti-establishment and anti-corruption protests in Russia before his untimely death. Deprived of access and coverage in the Russian mainstream media, Navalny and his associates established their own media channels, including personal YouTube channels and online media outlets such as Navalny LIVE to avoid censorship and expose the corruption and abuses of power of high-ranking officials in Russia. However, at the same time, Navalny and his colleagues cannot be labelled as ‘journalists’ in a normative sense. They were not professional journalists and had not gone through the processes of journalistic socialisation, but rather ‘tried on’ journalistic roles and investigative journalism practices to expose corrupt elites. In this sense, Navalny and his team can be called (explicit) interlopers who adopt journalistic identities and force a reconsideration of what journalists are and journalism is. In this study, we look at the case of Navalny and his team and their investigative documentaries on YouTube. We relate his practice to the journalistic concept of (explicit) interlopers, analyse how their unique and alternative journalistic project has diversified a largely monopolised and authoritarian Russian public sphere, and propose extending the notion of interlopers by differentiating between interlopers by choice, and interlopers by circumstance.

Legitimacy and Limits of Administrative Power in the Big Data Era

The advent of the big data era has profoundly transformed the exercise of administrative power, enhancing the efficiency and accuracy of administrative decisions while simultaneously posing challenges to legitimacy and the potential for abuse of power. This study examines the impact of big data technology on administrative power, systematically analyzing the foundations and limits of administrative power's legitimacy. It explores how to achieve a balance between legitimacy and limits of administrative power in the context of big data. By examining the intersection of traditional theories of power legitimacy and big data technology, the study proposes strategies for enhancing transparency in administrative decisions, strengthening public participation, and promoting inter-departmental cooperation. It also looks forward to innovative paths for exercising administrative power in the future. The results of this study are significant for both administrative management practices and theoretical development in the big data era.

Pencegahan dan Penanggulangan Korupsi Oleh Aparat Kepolisian Daerah Lampung

Corruption action by police officers is part of law enforcement efforts aimed at preventing and eradicating corrupt practices that are detrimental to the state and society. Corruption, as a criminal act involving abuse of power for personal gain, requires a systematic approach and high integrity from law enforcement, including the police. This article discusses the role of the police in handling corruption cases, the challenges faced in the enforcement process, and the steps needed to increase the effectiveness of law enforcement against criminal acts of corruption. Through policy analysis and case studies, factors that influence the success of enforcement are identified, such as internal corruption, lack of transparency, and coordination between other law enforcement agencies. The conclusions of this research highlight the importance of reform in police institutions, special anti-corruption training, and increased external supervision to create a police force that is clean and has integrity in efforts to eradicate corruption.

Shifting from top-down to bottom-up nationalism: an analysis of YouTube speeches from the 2016/17 candlelight revolution in South Korea

ABSTRACT While the ‘top-down’ variant of nationalism is engendered by elites and emphasizes loyalty to the state and ethnic solidarity, little is known about the ‘bottom-up’ variant, which focuses on people’s interest in the state’s and political leaders’ care for the masses. South Korea’s ‘Candlelight Revolution’ of 2016/17 ignited a national protest against the abuse of power by then-President Park Geun-Hye, the unfair distribution of wealth, and changes to Korean culture. This article explores grassroots’ expressions of bottom-up nationalism by analysing YouTube speeches from the Candlelight rallies. Protesters criticized the corruption and abuse of power by Korean leaders, which were seen to perpetuate the structure of injustice for decades. Some aspects of the Korean cultural contexts were politicized by national leaders, such as conservative leaders labelling their critics ‘commies’. By contesting the structure and culture of Korean society, protesters transformed themselves into social actors at the personal level and then called for long-term rather than temporary remedies at the societal level. By espousing ‘calculated nationalism’, protesters illustrated their interest in what they can get from the Korean nation-state, rather than what they can do to the state.

Basic approaches to understanding the objectives of administrative law

On the basis of a generalization of those dominant viewpoints on objectives of administrative law that are developed within Ukrainian administrative legal science, the author determined that they are united by the recognition of the following to be objectives of administrative law: (1) specifying and ensuring the implementation of human rights and freedoms in the public-legal sphere through the introduction of mechanisms administrative legal regulation and protection in the public administration domain; (2) determination of the standards for the exercise of public management functions by administrative authorities and the provision of administrative services by them, as well as the establishment and improvement of substantive and procedural tools for activities of administrative authorities, including the means of legal protection against violations on their part as well as mechanisms of civil control over their activities. According to the outcomes of the study of approaches to understanding of the tasks of administrative law in world scientific community, the article notes that according to the national tradition of the common law countries, which was adopted by many states that represent the civil law legal tradition, the fundamental objective of administrative law is recognized to be the determination of optimal (from the point of view of the rule of law and good governance) limits of the margin of appreciation of administrative authorities and providing private individuals with legal protection against abuse of administrative power. Moreover, it is particularly noticeable that a special emphasis is placed on guaranteeing the transparency and accountability of administrative authorities to civil society. Less important is the task of administrative law, which consists in establishing the principles, substantive rules and procedures for the performance of administrative functions by government authorities, as well as the accumulation in administrative practice and judicial case-law of the potential for increasing the effectiveness of administrative law.

Principles of the administrative process: theoretical basics and law enforcement

The article is devoted to issues of the content of the principles of the administrative process in modern administrative law. Attention is drawn to the fact that the study of the principles of the administrative process is extremely relevant for ensuring effective public administration. It is noted that the principles of the administrative process are the foundation on which the activities of executive authorities, local governments, and other state bodies are based. They define the framework and standards that public authorities must adhere to when making decisions and performing administrative functions and obligations. It is concluded that the study of these principles allows identifying problematic aspects and suggesting ways of their improvement, which contributes to increasing the efficiency of public administration. It is suggested that the principles of the administrative process should be understood as the main guiding ideas and provisions that determine the order and rules of administrative proceedings, regulate relationships between subjects of the administrative process, ensure fairness, efficiency and legality of administrative actions and decisions. It is proved that the principles serve as the basis for the formation, functioning and development of administrative law, help to avoid abuse of power and ensure the protection of the rights and freedoms of citizens. Attention is drawn to the fact that the conceptual significance of the principles of the administrative process lies in the fact that they determine the basic principles and guidelines for the construction and functioning of the administrative-procedural activity of public authorities. This means that the principles of the administrative process not only regulate specific procedures and actions, but also form a general concept of justice and management practice in the administrative sphere. It is substantiated that these principles together create a holistic concept of the administrative process and act in interaction with each other, ensuring a balance between the interests of the state and the rights of citizens, which contributes to effective management and increases trust in state institutions.

“The Foreman Judges for Money, the Clerk Writes for Wine”: Abuses of Power by Officials of the Peasant Self-Government of the Tomsk Governorate on the Pages of the Newspaper “Altai Life” (1911–1914)

The author examines the problem of authority abuse by officials of peasant self-government bodies in the Tomsk Governorate. While numerous studies have explored this topic, they have usually relied on statistical reports and materials from ethnographic expeditions as primary sources. Unfortunately, periodicals have been underutilized as historical sources due to the challenges of collecting and processing substantial amounts of information. Consequently, valuable insights into the maladministration of local authorities have been overlooked, as newspapers contain a wealth of related data. To address this gap, the author of the article studied all 1 111 issues of the daily newspaper “Life of Altai” from 1911 to 1914. Among these issues, 109 (10 %) contained publications about officials, including volost foremen, volost clerks, village headmen, village clerks, sotskii, and desyatskii. Only five of these notes had positive characteristics, while the rest discussed minor shortcomings and gross violations. The article concludes that the newspaper’s accusatory publications drew attention to the problem of providing personnel for local peasant selfgovernment. Officials were forced to publish refutations and adjust their behavior to maintain their positions. In cases of gross and repeated abuses, higher authorities ordered inspections, the results of which, as a rule, dismissed the peasants from their positions. The author proved that the newspaper “Life of Altai” was an effective means of combating abuses by rural and volost officials.

Constraints on Public Policy Design and Formulation: A Case Study on the Conservation of Natural Resources in Local Governments of the Amazonia, Peru

The high rate of depredation of forest resources causes major climatic changes that affect the economic activities and health of populations, plunging them into poverty and social problems. The state is responsible for dealing with these problems, because it has the technical, legal, and economic power to do so. This research aims to identify the factors that limit the design and formulation of public policies for the conservation of natural resources at the level of local district and provincial governments in Peru. For this study, we used qualitative methodology and non-probabilistic sampling, as well as techniques such as unstructured interviews, focus groups, and documentary review; moreover, for data analysis, we applied the theoretical saturation design in grounded theory. The results show that the conservation of natural resources is not positioned as a priority public policy in municipal administrations; furthermore, the organic units of natural resources suffer financial restrictions, and not because of a lack of budget availability, but because of a lack of will and decision-making capacity of authorities and civil servants, as well as a lack of coordination between the different national governments. It concludes that there are conflicts of interest in public policy making, with abuse of power and corruption predominating. Furthermore, the complexity of addressing sustainability criteria and the inability to confront the environmental crisis mean that international summits and national norms are attenuated in the face of the problems of environmental degradation. Deforestation should be considered a major public priority problem because of its environmental, economic, social, and health impacts. These problems require a holistic approach that combines local, national, and international policies and fosters effective and participatory governance.

Democratic deficit and underdevelopment in Nigeria: a qualitative study of the 2023 Presidential Elections

Discontentment with democracy in West Africa centres on abuse of power and political corruption. In Nigeria, dissatisfaction lies not just with these but also with insecurity, economic recession and the electoral process – a system fraught with complications, controversies and contradictions. Using the political economy of elections as its theoretical framework together with mixed research methods, this paper interrogates the relationship between Nigeria’s democratic culture and the 2023 presidential elections. Here I present a politicised electoral management institution, the Independent National Electoral Commission (INEC). Its performance is shaped, not by legislative instruments and constitutional guidelines, but by a dysfunctional democratic culture that reflects the extent to which ethnicised politics, class, institutionalised loyalty and money politics determine election results and Nigeria’s version of democracy. Although fragile and prebendal, democracy continues to consolidate amidst delayed development. The paper recommends increased media advocacy for reform.

Ethical Judicial Restraint and the Rule of Law: Strengthening Constitutional Integrity in the UK

This article establishes the theoretical framework for evaluating the concepts of ‘elective dictatorship’ and ‘partisan politics’ within the broader context of UK rule of law and ethics. It critically examines these notions to diverge from the conventional practice of parliamentary sovereignty in instances of power abuse. The term ‘elective dictatorship’ describes a scenario where an elected political party wields substantial power without effective checks and balances, leading to a concentration of power within the ruling party. This situation raises concerns about the erosion of democratic principles and potential power abuse. Closely linked to this is the concept of partisan politics, where alignment with a particular political party leads to abuses of power, challenging the principle of parliamentary sovereignty. Various factors contribute to this dynamic, including ideological, social, and economic considerations. In a healthy democracy, political parties play a crucial role in representing diverse interests and offering voters choices. However, when partisan politics becomes overly polarised and prioritises gaining and maintaining power at any cost, it can foster an elective dictatorship. This article reviews existing literature in this domain and addresses these concepts within the context of the rule of law and ethics. It aims to fill a gap in the literature by establishing the conceptual parameters for ‘elective dictatorship’ and ‘partisan Politics’, and argues that when both are used to undermine the judiciary, the court has a duty to depart from traditional norms. It further recommends that courts assess any legislation enacted by the government and Parliament against the rule of law, morality, and ethics. Keywords: Elective Dictatorship; Partisan Politics; Ethics; Rule of Law; Parliamentary Sovereignty.