Abuse Of Power Research Articles

El Consejo Supremo de Defensa y Prevención Social, 1929–1931: del discurso idealista al fracaso pragmático

This article is a study of the Supreme Council of Defense and Social Prevention, the first institution of its kind in Mexico, founded after the promulgation of the Penal Code of 1929. This entity sought to control crime and rehabilitate offenders, relying on contemporary theories of crime, such as criminal anthropology, social defense, and the third school. However, its existence was short-lived – barely twenty months – due to criticisms of inefficiency, violations of individual rights, and abuses of power. From the perspective of the history of ideas, this research addressed questions about the origin, development, and demise of this institution, offering less biased interpretations. The analysis of various primary sources predating the Supreme Council of Defense and Social Prevention by 50 years suggests that the budgetary blockades and restrictions on its functions were acts of protection by the legal guild, which felt threatened by emerging sciences and individuals from outside the legal community.

The Phlippine National Police Behind Controversies

The Philippine National Police is part of the tri-bureaus created under the Department of the Interior and Local Government Act of 1990, which are mandated to enforce the law, prevent crimes, maintain peace, and ensure public safety. This study aims to investigate the different controversies faced by the Philippine National Police, their effect on the participants’ work, and how they handle these kinds of controversies. This study used a case study of descriptive-qualitative research to investigate the Philippine National Police (PNP) behind controversies conducted at Jones, Isabela, particularly at Jones Police Station. The eight (8) participants in the study were selected through purposive sampling. This study used an unstructured interview to gather the necessary data. The study utilized thematic analysis in interpreting the data following the six (6) steps by Braun and Clarke. The study revealed that the different controversies faced by the Philippine National Police are involvement in illegal drugs, police corruption, abuse of power, and stereotyping, which affect their work as police officers. Although it is painful for them to hear those statements, they remain steadfast and stand to face the allegations thrown by the community, as reflected on the following themes; positive, practice self-disciple, and maintain professionalism. Furthermore, programs or activities to heighten the morale of the police officers and enhance the police community relations program were suggested and recommended.

Christian Religious Leadership and Power Abuse in Nigeria: Negative Effects on Development and the Way Forward

Christian Religious Leadership and Power Abuse in Nigeria: Negative Effects on Development and the Way Forward

The Impact of Corruption on Civil and Political Rights under ICCPR (International Covenant on Civil and Political Rights 1966)

Corruption, a pervasive and destructive phenomenon, has far-reaching implications for civil and political rights. This paper examines corruption’s legal effects on civil and political rights, focusing on the International Covenant on Civil and Political Rights (ICCPR) 1966. It also studies corruption and the ICCPR 1966 to highlight the challenges and legal solutions to fighting corruption while protecting civil and political rights. The conceptual framework explains corruption, civil and political rights, and the ICCPR 1966. Corruption, the abuse of power for personal gain, undermines the principles of the ICCPR 1966, such as freedom of expression, political participation, fair and impartial judiciary, and access to effective remedies. This study shows how corruption affects these rights and democratic institutions, public trust, and good governance. The instances of Brazil’s Operation Car Wash and Ukraine’s Euromaidan Movement serve as influential case studies, demonstrating the damaging impact of corruption on civil and political rights. Furthermore, this study analyzes legal strategies and outcomes in combating corruption. It emphasizes international cooperation, judicial transparency, preventative measures, and surveillance and prosecutorial capabilities. Operation Car Wash in Brazil and the Ukrainian anti-corruption reforms are effective anti-corruption and civil rights endeavors. The ICCPR 1966 and The United Nation Convention against Corruption (UNCAC) are also examined in the research. Regional and national instruments show the multi-layered strategy needed to fight corruption and preserve civil and political rights. This study’s findings provide policy suggestions for protecting political and civil liberties from the corrupt government. There is a call to action to improve legal frameworks, increase judicial independence and accountability, foster a culture of integrity and ethics, empower civil society and the media, guarantee effective remedies, and implement international instruments.

Donald Trump and the Collapse of Checks and Balances

This Essay analyzes Donald Trump’s erosion of checks and balances during his presidency and how President Trump will likely seek to complete their collapse if he regains power. Its First Part shows that congressional willingness to check presidential abuses of power declined during Trump’s presidency and will likely get much weaker in a second term. It also shows that President Trump figured out how to evade checks and balances from Congress in his first term and examines his plans to further usurp congressional powers. Part Two looks at the judicial role in facilitating or checking presidential power through a lens sharpened by an effort to understand how checks and balances might collapse. This Essay’s analysis enables us to see how events that most observers experience as a series of disconnected dramatic clashes over policy (or that largely escape notice altogether) have partially collapsed the constraints that constitutional democracy depends upon, and how this collapse will likely accelerate if Trump becomes President again.

Empowerment jako usprawnienie aktywności nauczyciela

The paper aims to present the concept of empowerment as a means to modernise the teacher’s organisational activity. As a result of literature review, the article provides an interpretation of empowerment, emphasising its potential to drive transformative changes in various educational contexts. Additionally, the text elucidates the benefits that can arise from restructuring the current school system, teaching methods, and collaborative practices. The research conducted by the McKinsey group was used to highlight the personal qualities essential for the effective implementation of empowerment across different organisational forms. Furthermore, attention is directed towards the drawbacks of empowerment, including the potential for teacher abuse of power and coercion, resulting in the suppression of student subjectivity and independent action. To sum up all the considerations, it is underscored that the teacher and students, with their unique strengths and weaknesses, play pivotal roles in organising the teaching process, fostering a school team dynamic through the application of empowerment principles.

Превышение полномочий частным детективом или работником частной охранной организации, совершенное с использованием оружия или специальных средств и повлекшее тяжкие последствия: вопросы квалификации

Based on scientific material and law enforcement practice, the issues of qualification of abuse of power by a private detective or an employee of a private security organization holding a private security guard certificate in the performance of their official duties, committed with the use of weapons or special means and resulting in grave consequences, are analyzed. It is stated that quite often in practice this crime has a group nature. Suggestions are made related to editing the existing provisions of Art. 203 of the Criminal Code of the Russian Federation, as well as the addition of new provisions. In particular, it is proposed to partially specify the content of the concept of grave consequences in relation to Part 2 of Art. 203 of the Criminal Code of the Russian Federation, and also further consolidate such a qualifying feature as the commission of this crime by a group of persons and an organized group, by formulating a new part 3 of Art. 203 of the Criminal Code of the Russian Federation.

Law Enforcement Against Corruption Crimes in Indonesia

Corruption is a criminal act of abuse of power against the public for the sake of enriching themselves. This act of lawlessness is a frequent occurrence in the country of Indonesia, whose existence continues to exist and increase every year. The Indonesian government has tried various ways to stop the occurrence of corruption. The government established the Corruption Eradication Commission (KPK) as a party that has the role of an anti-corruption commission. The existence of the KPK has not greatly reduced the number of corruption cases in Indonesia. In fact, even the existence of binding laws does not limit the movement of corruptors to satisfy their greedy desires. This certainly states that all the efforts of the government and the applicable laws are still unable to work effectively in preventing corruption. The eradication of corruption has become the main focus of the Indonesian government, looking for new efforts that can be made to be able to further narrow the space for perpetrators of corruption. Therefore, this article aims to analyze the background and factors of corruption, and understand the pattern of corruption. In this article, the efforts of the Indonesian government are explained as a sustainable effort, which can support their efforts in the process of eradicating corruption. This article is structured using a descriptive normative method, in order to make it clear to understand the contents of the article with a comprehensive and clear presentation of laws and legal theories.

공공주택 경비원의 업무실무와 민간경비 환경

Abuse of security guards is not a problem of yesterday or today. Gapjil(abuse of power), or harassment, of security guards has been raised as a constant social problem in our society. 「The Enforcement Decree of the Apartment Housing Management Act」 was revised for the purpose of improving working conditions, including preventing illegal instructions or orders to security guards. However, the treatment of security guards in their work is not improving. In particular, due to the conflict between the security duties under the 「Security Business Act」 and the security duties under the 「Apartment Housing Management Act」, the duties of security guards working in apartment complexes are different, so there is a need to provide clear duties regarding this. Accordingly, this study sought to discuss the specifics of the security duties of apartment security guards. To achieve this research purpose, interviews were conducted with security guards working in apartment complexes, security companies and apartment complex managers, representatives of apartment residents, and police science professors.
 As a result of the study, apartment security guards presented the main tasks of theft and fire, prevention of danger, patrol, crime prevention, CCTV surveillance, and outsider access management. However, in contrast, representatives of apartment residents and managers of apartment complexes were presented with roles that, in addition to the main duties of security guards, include parcel storage, parking management, and even assisting with the general work of the management office. Based on the results of this study, we attempted to discuss the work of apartment security guards, and it is expected that this study will be used as basic practical data for security work as well as academic discussions in private security work.

Presidential Nominations from Active Cabinet Ministers: A Delicate Balance between the Interpretation of Constitutional Court Decisions and Political Interests

The Constitutional Court’s Decision number 68/PUU-XX/2022 has sparked substantial debate among various societal factions. The controversy stems from the interpretation that the ruling potentially enables ministers to misuse their authority and exploit state resources for electoral advantages while running for President or Vice President, without necessitating resignation from their current position. This study seeks to discern the ramifications of the Constitutional Court's decision number 68/PUU-XX/2022 on the roles and authorities of ministers within a presidential government structure, and to scrutinize the decision from an Islamic law/siyasah perspective. This investigation adopts a descriptive qualitative approach, grounded in library research. The normative juridical methodology is employed, focusing on decision number 68/PUU-XX/2022. The study concludes that within the context of siyasah sharia, the decision could compel the nation’s leader (the President) to promulgate legal regulations that violate the principle of fairness between high-ranking and ordinary officials. However, the President risks being deemed unconstitutional if derivative regulations stemming from the decision are not enacted. Power abuse by state officials (ministers), partly driven by conflict of interest, is a critical concern. From the perspective of Islamic law/siyasah, the decision’s implications could potentially harm society and the government.

Blockchain technique for fair competition evaluation

In the new era characterized by the modernization of national governance, fair competition is the inherent requirement of building a modern market system. However, the abuse of administrative power by administrative organs to excessively interfere in free-market competition is widespread, seriously damaging the market competition order in China. To avoid the unreasonable intervention of administrative organs in the market economy, restrain the administrative acts of administrative organs, and form a highly “competitive” market environment, the fair competition review system came into being. With the rapid development of blockchain technology, new ideas are provided for the research of fair-trade protocols. Aiming at the system performance bottleneck and high-cost problems caused by centralized processing in traditional fair transaction schemes based on trusted third parties, a fair transaction scheme based on fuzzy signature is proposed. In the proposed scheme, the signature model uses concurrent signature, and both parties hold their own key numbers, which are released through blockchain transactions to bind their signatures. In the whole process, both parties can complete the contract signing without the assistance of a centralized third party. Based on analyzing the security of the proposed scheme, the performance of the proposed scheme is further compared with other similar schemes of the same kind, which shows that the proposed scheme has higher computational efficiency.

Principle of separation of powers between the legislature and judicially

The separation of powers is a fundamental principle in modern democracies that serves to limit power and protect citizens' freedoms. In this context, the division of state power between the legislature and the judiciary is of particular importance. The question of the effectiveness of this principle and its impact on governance is of continuing interest to political science. This research aims to examine the effectiveness of the separation of powers between the legislature and the judiciary in limiting power and protecting citizens' rights. The central question is: To what extent does the division of state power between these two bodies contribute to safeguarding democracy and protecting individual freedoms? The research methodology involves a comprehensive analysis of literature sources, including theoretical works on the separation of powers and political philosophy. Case studies from different countries are also used to examine the practical application of this principle. Quantitative analyses of data on democracy and civil rights complement the qualitative research. The research shows that the separation of powers between the legislature and the judiciary does indeed help to limit power and protect citizens' rights. The independence of the judiciary is crucial to upholding the rule of law, and the parliamentary system promotes political representation. In countries with an effective separation of powers, democracy and freedoms tend to be better protected. The findings of this research highlight the importance of the separation of powers between the legislature and the judiciary as a fundamental principle of democratic governance. The clear separation of duties and the independence of these two bodies help to prevent abuse of power and protect citizens' rights. This becomes particularly evident when looking at countries where this principle is effectively implemented.

Balancing Democracy and Adz-Dzari'ah Principles: Legal Reasoning on Term Limits for Political Party Chairpersons in Indonesia

This study explores the issue of term limits for political party chairpersons from the perspective of democracy and the principles of az-zari'ah. In 2022-2023, there was a surge in lawsuits to the Constitutional Court regarding the absence of rules regarding the term of office of political party chairpersons in Indonesia. The number of lawsuits shows that the absence of such rules has caused considerable problems, both within and outside political parties and the state. Various political diseases have become increasingly apparent, such as the perception that public officials only follow the direction of party leaders (bossism), and this has the potential to lead to abuse of power by political party chairmen in the context of public policy. Using a qualitative literature review methodology, this study uses a comparative philosophical approach, namely by paying attention to the principles of democracy and applying methods derived from az-zari'ah. Both of these are used because, on the one hand, Indonesia is a country that applies the principles of democracy; on the other hand, many Indonesian people believe in the truth of Islamic law, including the principles of az-zari'ah. It was found that, from the perspective of az-zari'ah, the term of office of the party chairman must be limited (closed) so as not to become a vehicle for political disease. By Az-zari'ah, limiting the term of party leaders becomes a crucial matter, as it helps mitigate potential harms that may arise in the absence of such limitations. Meanwhile, from a democratic perspective, it also has the same value implications, namely the need to limit the term of office of the chairman. Democracy has the basic function of limiting political power in a person and not expanding or giving unlimited power like a monarchical system. This is because democracy believes that power tends to corrupt, and absolute power corrupts. So, since Indonesia uses the philosophy of democracy in its country, every political institution, in this case, political parties, must abide by the same rules.

민간경비 발전을 위한 공동주택 경비원 제도 개선방안

In Korea, the private security industry, along with the police in charge of public security, plays an important part in maintaining social order and preventing crime. The private security industry is also developing along with economic growth, but the reality is that there are insufficient parts in terms of quality. Among the facility guards who perform most of the security work in Korea, the treatment of apartment security guards is still very poor. In 2020, the Apartment Housing Management Act was revised, and management tasks such as cleaning, separation collection, and assistance in management office work were included in the tasks of apartment security guards, and management tasks were legally added in addition to security tasks because they worked in apartment houses even though they were facility security guards.
 In this study, the main problems of apartment security were the scope of work, short-term contracts, and indirect contracts, and the following improvement measures were suggested.
 First, Article 65-2 of the Apartment Housing Management Act, which applies only to apartment security guards, should be deleted, and since apartment security guards are also facility security guards, the Security Business Act should be applied to focus on the maintenance of order, crime prevention, and risk prevention, and management should be performed by management office staff. Second, in order to prevent power abuse caused by indirect employment, the amendment to the Labor Standards Act, which includes “a person who conducts and supervises considerable work content and performance process even if he is not a party to the labor contract, and a person in a position to have substantial, specific control and influence over working conditions,” should be passed and implemented as soon as possible. Third, in order to prevent short-term contracts, local governments should expand and apply subsidies for maintaining the employment of security guards. Fourth, it is necessary to revitalize the Guards Association, an organization representing the interests of guards, to cope with unreasonable treatment of guards.
 In order for Korea's private security to continue to grow, unreasonable treatment of apartment security guards should be improved.

Sexual Assault is an Abuse of Rights and Power

Sexual assault is any sexual or sexualized act that makes the attacked person feel uncomfortable, threatened or afraid. It is behavior that the attacked person did not cause or choose. Sexual assault is a betrayal of trust and a denial of the right that every person has to say what will be done with his or her body. Sexual assault is an abuse of rights and power. Sexual assault can be committed against adults and children, women and men, and people of any background.

Balancing the Right to Privacy and National Security Interests in the Digital Age

In order to protect national security, the states widely use secret surveillance measures and monitor electronic communications, which poses high risks of arbitrariness and abuse of power. Modern technologies enable the states to collect and process personal data on an unprecedented scale. Therefore, the most important challenge in today’s world is to determine how to protect national security and prevent serious crimes without violating human rights. 
 The judgments of the European Court of Human Rights provide guidance in terms of balancing the right to privacy and security interests. The present article aims to discuss the development of the case law of the European Court and the legal safeguards for protecting the right to privacy when the state carries out secret surveillance measures.

“標準人”的製造：ABT應用中的技術權力問題

LANGUAGE NOTE | Document text in Chinese; abstract also in English.
 The paper by David M. Lyreskog et al. explores the ethical challenges and opportunities that the application of ABT will bring. The findings are enlightening. This article provides insight into a possible technical power issue with the application of ABT, namely the manufacturing of “standard people,” including the standardization of emotions, which may stifle creativity. When assisting people’s thinking and cognition, ABT may overlook the correlation of emotional reactions and cause harm to humans. ABT may also obtain standard behavior patterns through big data statistics and use them to shape humans. Obviously, such situations constitute an abuse of technical power.

The interaction of the President of Ukraine with the Parliament and bodies of the executive power: problems of theory and practice

The article explores the issues of interaction between the President of Ukraine and the Verkhovna Rada of Ukraine and the executive authorities in Ukraine. The research has shown that the constitutional ambiguity and differences in the legal norms defining the powers of the president and the parliament cause problems of interaction between them. It was also revealed that problems may arise in the process of forming a majority in the parliament, which may lead to political instability and complicate the interaction between the president and the parliament. This article also substantiates that the existing constitutional and legal norms regarding the veto power of the President of Ukraine regarding laws adopted by the Verkhovna Rada and the performance of the duties of the President of Ukraine by the Chairman of the Verkhovna Rada in cases where his powers were prematurely terminated require additional improvements. It was established that the problems of interaction between the President of Ukraine and the executive authorities are related to the existing procedure for appointing the heads of local state administrations, the lack of an effective control system over the executive authorities, insufficient coordination of the actions of the President of Ukraine and the executive authorities, and the problem of the constitutionality of the President’s powers in relation to some executive authorities authorities The mentioned problems can lead to abuse of power, corruption and inefficient activity of state bodies, therefore this article offers options for solving the mentioned problems. The work highlights important aspects of the interaction of key state institutions and can be useful for students and researchers in the legal field. This study contains interesting conclusions and recommendations regarding the further improvement of interaction between the President and the authorities in Ukraine.

Kolektivna agentivnost i toposi u funkciji gradnje rimskog nacionalnog i nadnacionalnog identiteta u historiografskom narativu V. Paterkula / Collective agency and topoi in the function of creating Roman national and supranational identity in the historiographical narrative of Velleius Paterculus

Language, as the linguistic manifestation of extralinguistic experiences, often functions as a means for the creation and expression of societal inequality. In addition to the fact that the participants of social reality are almost never socially equal, which means that someone has power over others, the linguistic reflection of those relationships always derives from the author, who has the power to control the context; his practical instrumentation comes from his own lexical and grammatical choices, as well as their conscious and targeted combination. In this paper, the focus is on noticing and distinguishing, and analyzing and interpreting the choices of V. Paterculus as an author within the framework of collective agency and the topoi with which the Roman national identity is first built, and then positioned as superior to the identities of the peoples with whom the Romans came into contact. While for authors from the 1st century A.D. the language strategies touched on in this paper were not available, since they were neither described nor defined before the 20th century, ancient writers used them completely unconsciously in their spontaneous writing; therefore, these texts, as well as modern ones, are subject to linguistic analysis, interpretation and criticism precisely according to the guidelines of modern language criteria. In this paper one of the possible methods of analysis of the construction of the national and supranational identity of a nation in the historiographical discourse will be offered; the analysis will be based on discursive strategies and macro-strategies offered by the discursive-historical approach and based on empirical data gathered in tabular reviews. An indispensable part of the analysis will be the analyst’s criticism, which derives from democratic norms, human rights and the criteria of rational argumentation from today’s temporal, cultural and political context, because the purpose of critical discourse studies is to expose and point out how domination, i.e., the abuse of social power and inequality, are realized and reproduced in text and speech, but also on how to oppose them in a social and political context (van Dijk 2001, 352).

MANAJEMEN EKSTRAKURIKULER PRAMUKA UNTUK MEMBENTUK KARAKTER KEPEMIMPINAN DI SMP NEGERI 30 MUARO JAMBI

The large number of cases of abuse of power committed by leaders is a big challenge for future generations of the nation. Instilling leadership character in student needs to be implemented from now on. Character cultivation can be done at school, one example is by taking part in extracurricular activities in scouts. The role of scouting activities has a huge influence on the development of students' character, from discipline to love of the country. One of the schools that has implemented mandatory extracurricular activities is SMP Negeri 30 Muaro Jambi. This research intends to look for an overview of good management strategies to shape leadership character through scout extracurriculars. The research method uses qualitative research, data will be obtained descriptively. The data obtained was obtained from school principals and scout leaders as informants. Implementation was carried out from August to October, research was carried out on student activities both indoors and outdoors. Data collection was carried out by means of observation, interviews and documentation. The implementation of scout extracurricular management strategies to shape leadership character at SMP Negeri 30 Muaro Jambi goes through four stages, namely planning, organizing, implementing, supervising. The planning stage begins with recruitment by the school principal, preparing a work program, and preparing materials. Organizing is carried out by giving responsibility to the parties concerned, namely the principal, deputy principal for student affairs, homeroom teacher, and scoutmaster. Implementation is carried out once a week and the camp activity program is carried out 3 times a year. Supervision is carried out to analyze scout extracurricular activities so that the next activities will be carried out even better