Exercise Of Authority Research Articles

Presbyterians and Their Elders

Biblical elders are spiritually mature disciples of Jesus who exercise authority over a congregation of God’s people in the manner of shepherds who exemplify the chief shepherd, Jesus Christ. The leadership of elders, as described in Scripture, is essential to the life of the church. Teaching and ruling elders are to be carefully selected based on their discipleship. Rather than providing a list of duties, the Bible describes the character of elders because who they are will determine what they do and how they do it. Elders must also be fully trained to fulfill their noble task. Given the qualities of their discipleship, elders would provide an effective voice for the church in the public square. KEYWORDS: Biblical elders, elder training, elders in public square, elders’ character, elders’ importance

Problems of the legal status of military administrations

The article examines the grounds and procedure for the formation of military administrations on the basis of local state administrations in the context of the legal regime of martial law. The legislative and encyclopedic definition of the term «military administration» is provided. Various approaches to the interpretation of legislation in the field of local self-government and the legal regime of martial law are analyzed using the example of the order of the head of the Chervonograd District Military Administration to terminate the powers of the district council. The innovations in the legislation of Ukraine that came into force after February 24, 2022 and concern military administrations and local self-government bodies are described. The differences in the formation of military administrations at the level of oblasts, districts, and settlements were analyzed; the role of military administrations during the war. The need for a clearer demarcation of the powers of military administrations, their chiefs and local self-government bodies and heads of communities was revealed. The article identifies common features of military and military-civilian administrations. The article also examines the legal status of military administrations in the context of the ratio of functions and responsibilities of local self- government bodies, which are not clearly demarcated and not regulated by law. This situation endangers the achievements of the decentralization reform in the context of the decentralization of powers and responsibilities. However, the existing legal status of military administrations, despite the challenges and problems described in the material, allows them to perform tasks related to the real preservation of life and health of the residents of communities. The work also raises the dubiousness of the legislative formulation of the grounds for terminating the authority of a local self-government body, as «actual failure to exercise authority», which is an assessment category without defined criteria for actual failure to exercise authority. The lack of detail, the non-fulfillment of which scope of authority is the reason for the termination of authority creates the conditions for the manual one-man decision by the President on the formation of a military administration.

Political Legitimacy and the Indigenous Voice to Parliament

ABSTRACTThis article sets out an argument from legitimacy for the proposed Indigenous Voice to Parliament in Australia. The article first sets out an understanding of political legitimacy and of legitimacy deficits and argues that the Australian Government faces a legitimacy deficit with respect to its exercise of political power and authority over Indigenous Australians. The deficit arises, it is argued, because Indigenous Australians face significant structural injustice and there is little hope of redressing this injustice within the prevailing governing conventions. The article then argues that the proposed Indigenous Voice to Parliament ought to be seen as part of a package to address this legitimacy deficit by resetting the governing conventions of Australian society. The argument from legitimacy is then compared favorably with more familiar arguments from sovereignty and the right to self‐determination.

Depicting reflections of power on illocutionary acts of Japanese Prime Minister Shinzō Abe’s speeches on Covid-19

Speeches are often construed to exert one’s power while projecting a political intent towards the audience. This research examines how power is reflected in speeches by Shinzō Abe, a former Prime Minister of Japan, through the categorisation of speech acts. The speeches were delivered in many of his press conferences during the Covid-19 pandemic. The research employed a quantitative approach, and the analysis largely drew on Searle's classification of speech acts to identify and categorise Mr Abe’s expressions of power. Data for this study focused on various formal press briefings, interviews, or other communicative exchanges he conducted in his role as a prime minister. Eight texts were selected for the analysis, and they were collected from the website of the Japanese Prime Minister's Secretariat office from February to May 2020. Findings from the analysis indicated that the prime minister mostly utilised performative verb utterance directions, such as informing (66%), asking (78%), promising (90%), thanking (54%), and deciding (76%), in a form of polite and respectful language, Keigo, to demonstrate reverence towards diplomatic entities. In addition, he frequently highlighted statistical data regarding the circumstances and the prevailing factors of the pandemic that led to a regime of truth and knowledge about Covid-19 in Japan. The findings provided better understanding of Shinzō Abe’s exercise of authority in managing the variability of Covid-19 incidences in Japan, as reflected in the movement of relations with the society and with those diplomatic entities. This suggests that Shinzo Abe’s speeches during the pandemic have a potential pathway that world leaders, linguists or students can traverse and inquire into to ensure community resilience to counteract the fragility caused by a pandemic.

철도특별사법경찰제도에 관한 법리적 쟁점과 논평

This paper was designed to derive legal issues on the railway special judicial police system, present comments on them, and ultimately promote policy suggestions.
 The main issues can be summarized as the appropriateness of the name, the basis for the exercise of administrative police authority, competition under the jurisdiction of general police officers, and compliance with the principle of legal reservation.
 The legal authority of the railway police was reviewed in the order of organizational laws, administrative police laws, judicial police laws, and administrative rules. And we looked at the cases of Britain, France, the United States, and Germany and drew implications.
 Railway police in developed countries were given both administrative police power and judicial police power within their jurisdiction, and security guards were helping regular railway police officers.
 The legal problems of the current railway special judicial police system are the railway police do not have a legal basis for exercising administrative police power and the Regulations on the Execution of Duties of Railway Judicial Police Officers are only administrative rules.
 In this paper, five issues were derived and the following comments were developed.
 First, the Railway Safety Act should be revised so that railway police can exercise their administrative police rights.
 Second, it is necessary to upgrade the Regulations on the Execution of Duties of Railway Judicial Police Officers to the level of legal orders.
 Third, There is a great need to reasonably coordinate object jurisdiction and regional jurisdiction with the general police.
 Fourth, railroad operators should be obligated to operate security personnel.
 Fifth, it is desirable to reorganize the organization of the Railway Bureau of the Ministry of Land, Infrastructure and Transport.

Hannah Arendt‘s reflections on power, violence and terror

In this paper, I address the question of Arendt’s distinction between power and violence. While violence according to Arendt is ruled by means-end reasoning, power corresponds to the human ability to act in concert. Thus power is the essence of all government, deriving its legitimacy from the people acting as a political community, while violence can never lead to the legitimate exercise of authority. Power and violence usually appear together, and violence may sometimes be justified; however, violence should never be equated with power in Arendt’s sense. Arendt also considers the relation between violence and terror. While terror involves violence, it is not identical with violence. She illustrates the difference by revealing the characteristic of terror in totalitarian regimes: the capacity to systematically destroy legitimate power and human plurality by destroying the space of action, the common world that is created between people.

Organizational and legal forms and differences in the administrative and legal status of the territorial bodies of the federal executive authorities of the Russian Federation

The subject of the study is the norms of administrative legislation regulating the territorial features of public administration in Russia. The chosen topic receives a certain update against the background of the formation of the definition of "system of public authority", which is not fully covered at the doctrinal level. The purpose of the study is to assess the current state of legal regulation of the activities of territorial bodies of federal executive bodies. In the context of the functioning of the power vertical, there is a need to unify their administrative and legal status, since the unity of the public authority system is the achieved result of the constitutional reform of 2020. Methodology and research methods. As the basis of the research methodology, the author chose the formal legal method, based on the established principles of dialectical cognition. With its help, the non-transparency of the organization of territorial bodies exercising the fullness of state administration in the subjects of the federation was revealed. The main scientific results of the study are built around the hypothesis of excessive institutionalization of the territorial and central divisions of the executive authorities with the priority of subordinate legal regulation. It has been proved that in this case, both the efficiency of public administration and the trust in public law institutions on the part of civil society may decrease. Conclusions. Based on the legal nature of the territorial bodies of the federal executive authorities, it can be concluded that they are in hierarchical subordination, but at the same time they are endowed with the full implementation of the powers attributed by law to their jurisdiction. In the absence of a single normative act that would detail the constitutional foundations for the exercise of public authority, most of them are established in the manner prescribed by the normative act issued by the entity that manages the activities of the relevant federal executive authority. This practice has hidden defects that reduce the effectiveness of public administration. The best way to create a transparent mechanism of public administration is to abandon the practice of legal regulation of the administrative and legal status of the territorial bodies of federal executive authorities by by-laws. By-laws may have a certain potential in terms of the distribution of powers within the structure of the territorial body of the federal executive authority, however, “status” norms should be present in the provisions of a separate federal law regulating the procedure for the establishment, transformation and liquidation of the territorial bodies of the federal executive authority.

Henry of Lancaster’s Revolt (1328–29): Conflict, the Politics of Kingship, and the Political Public in Fourteenth-Century England

Abstract The late medieval period was an important phase in the history of political communication in England, as more people than ever before became involved in debates about royal governance. The first half of the fourteenth century, however, has been relatively under-studied in this regard. This article analyses a set of arguments put forward during a revolt led by Henry, earl of Lancaster, in 1328–29. After outlining the revolt’s historical and historiographical context, the article reveals how three key themes—the provision of advice; the moral responsibilities attached to royal finance; and the state of the king’s peace—were contested in 1328–29. It then turns to the public orientation of these arguments to suggest that this contest reveals a growing need to engage a political public in order to acquire legitimacy when seeking to reform, or to defend, the direction of royal government. In turn, this helped to set out what the most legitimate paths of political action were and what terms needed to be taken up to describe them by those who wished to involve themselves in the politics of kingship. It is argued that Lancaster’s revolt held a significant position in a much broader history of political communication in England, in which political legitimacy in the exercise of royal authority was claimed before, evaluated by, and generated through a critical body of public opinion which interacted with Plantagenet rule.

The battle to achieve Sustainable Development Goal Two: The role of environmental sustainability and government institutions.

The current period marked by addressing environmental sustainability challenges and the instability of government institutions has heightened the issue of food security, especially in developing countries as they work towards achieving Zero Hunger as highlighted in the Sustainable Development Goals. To assess the effect of environmental sustainability and government institutions on food security in West Africa with data from 1990 to 2021, two models have been deployed. The Generalized Method of Moments was deployed as the main model and while Two-Stage Least Squares was used as the robustness check. The findings of the study reveal that carbon emissions which represent environmental sustainability has no direct significant effect on food security, while government institutions has negative effect on food security. The study also reveals that income and urbanization promote food security, while renewable energy and population growth reduce food security. The findings of the study could be a reflection of the current political instability and attitude towards tackling carbon emissions mitigation in the region. Government institutions are encouraged to exercise authority without fear to implement policies that would encourage food security and restrict the use of high-emission technologies.

국민권익위원회의 신분보장등 조치결정에 대한 연구

Through the Corruption Reporting System, corruption in the public sector can be prevented, and the basic rights of the people can be protected and the adequacy of administration can be secured. However, issues regarding conflicts between organizations and members or between members through corruption reporting, and explicit or implied disadvantages to corruption reporters(whistleblower) are constantly being raised. Therefore, in order to solve this problem, Article 62-2 of the Anti-Corruption Rights and Civil Rights Commission Act allows corruption reporters to apply for measures such as guaranteeing their status to the Anti-Corruption and Civil Rights Commission if they have received or are expected to receive disadvantageous measures for reporting. By the way, it is clear that the Anti-Corruption and Civil Rights Commission's decision on measures such as guaranteeing the status of the head of the agency to which the reporter belongs is a measure to protect the rights and interests of the reporter, but on the other hand, it would violate the constitutional or statutory authority of the head of the affiliated agency. Therefore, an in-depth study on this is required. First, the Anti-Corruption and Civil Rights Commission's decision to guarantee status is an internal act between administrative agencies and not an act regulating the rights or duties of citizens, so it cannot be regarded as an administrative disposition as a subject of an appeal lawsuit. Accordingly, a lawsuit in which the head of an affiliated agency contests a decision on to guarantee status against the Anti-Corruption and Civil Rights Commission should be regarded as an institutional lawsuit, which is a lawsuit about the exercise of authority between administrative agencies, not an appeal lawsuit. In this way, if the administrative litigation regarding the decision to guarantee status is regarded as an institutional litigation, there is no problem in theory that Article 62-4 of the Anti-Corruption Rights Commission Act limits the eligibility of plaintiffs and the subject of suit, and sets the filing period very short. However, the current regulation limiting the filing period to 30 days due to excessive focus on the protection of whistleblower is not appropriate in light of the nature of institutional litigation aimed at resolving disputes over authority between institutions. Therefore, it is reasonable to amend the Act so that a lawsuit can be filed within 60 days from the date of notification of the decision to guarantee status. In addition, the current regulations do not have a separate objection provision in case the whistleblower's application for guarantee of status is rejected or rejected. So, it is necessary to establish a new regulation on the whistleblower's right to file a lawsuit so that he can file a lawsuit with the court.

Inside algorithmic bureaucracy: Disentangling automated decision-making and good administration

Public administrative bodies around the world are increasingly applying automated, administrative decision-making as underlying technologies such as machine learning mature. Such decision-making is a central element of emerging forms of algorithmic bureaucracies. With its direct exercise of public authority over individual citizens and firms, automated, administrative decision-making makes it particularly important to consider relations to values of good administration. Based on a multiple case-study, the article focuses on how empirical use of automated decision-making influences and transforms issues of good administration in four policy areas in Denmark: Business and social policy; labour market policy; agricultural policy; and tax policy. Supplementing emerging literature, the article exemplifies how public authorities struggle to apply automated decision-making in ways that support rather than undermine good administration. We identify six empirical relations of usage of automated, administrative decision-making and good administration: (I) Giving accurate and comprehensible reasons; (II) Informing addressees’ expectations; (III) Combining material and algorithmic expertise; (IV) Achieving effective oversight; (V) Continuously ensuring quality; and (VI) Managing high complexity. Additionally, we pinpoint related key capabilities for administrative bodies in order to support good administration.

MARKET POWER AND BANKING FAILURE IN WAEMU ZONE: AN EMPIRICAL STUDY THROUGH GMM ESTIMATOR

This paper examines the relationship between market power and default risk for WAEMU banks. We use a dataset of 72 WAEMU banks from 2013 to 2020. The econometric results, after applying the system GMM estimator of Blundell and Bond (1998), indicate that bank concentration increases bank default risk. However, the test of non-linearity, through the introduction of the quadratic term of the concentration measure into the model, shows that above the 83% concentration threshold, an increase in market power could be favorable to banking stability. This study, therefore, recommends that monetary authorities exercise caution in their efforts to promote competition.

Subjects of public law: interpretational aspects of normative provisions of international legal instruments and legislation of Ukraine

The article examines the normative provisions of international legal instruments and national legislation that contain defining aspects of subjects of public law. It is established that the concept of «subject of public law» is closely related to the concepts of «public service,» «public interest,» and others. The analysis of the content of these concepts demonstrates that subjects of public law are endowed with rights and legal obligations aimed at safeguarding, regulating, and ensuring the public interest. The key aspects of the latter are identified in international legal instruments. In particular, the normative provisions of the Universal Declaration of Human Rights indicate that public interest is the aspiration to achieve the common welfare in society. The Charter of the United Nations contains provisions that perceive public interest as the absence of threats to peaceful coexistence of all nations.Based on this basis, public interest is defined as a priority task for states, public authorities, officials, etc., that have societal, state, or international significance and are driven by the necessity to achieve the common welfare of society.It is argued that subjects of public law should include the state as a whole and all state bodies (including those without legal personality) that are integral parts of the state mechanism. They have their own structure defined by law, clearly delineated powers in the exercise of state authority, and also encompass any private law entity that performs the functions of a state body. Public authorities without legal personality include territorial bodies of the central executive authority responsible for implementing state customs policy and central executive authorities responsible for implementing state tax policy. Legal entities of public law are also considered subjects of public law, despite not being part of the executive authority system. The constitutional and legal status of local self-government allows it to be characterized as an independent form of public authority alongside state authority within a territorial community. In addition to the mentioned subjects, other subjects of public law are identified, such as state registrars and subjects of state registration, who are authorized by law to provide administrative services.It is noted that the study of normative legal provisions containing defining aspects of subjects of public law enhances the cognitive possibilities for a systemic understanding of the subjective-substantial component of the national legal system. It contributes to the improvement of the functioning and interaction of public authorities, which is an important factor in building the rule of law and ensuring the rights and freedoms of individuals and citizens.The most significant features of subjects of public law are identified, namely: they are formed in accordance with the norms of public law, their purpose of creation and activity is to ensure the realization of public interest, their establishment and functioning are not dependent on private will and private interests of individuals, they facilitate the implementation of state governance and/or the performance of tasks and functions of the state as envisaged by the Constitution and laws of Ukraine. They are empowered to exercise state authority within the scope of their powers, based on and in the manner prescribed by legislation.Subjects of public law are proposed to be understood as participants in public legal relations that are established in a defined manner by imperative legal norms in order to ensure the realization of public interest.These subjects are endowed with state authority and empowered to engage in socially significant activities to achieve this goal.

The Legitimacy of the International Court of Justice from the Vantage Point of UN Members

Abstract Significant scholarly commentary exists on the legal aspects of the relationship between the International Court of Justice and the UN General Assembly. Legal scholars have mused about the role of General Assembly resolutions in the jurisprudence of the Court and dissected the General Assembly’s (mis)use of requests for advisory opinions from the Peace Palace. Yet one essential aspect of the interaction between the two institutions tends to be overlooked. Each fall, UN Members meet in the hall of the General Assembly to offer their comments on the annual Report of the ICJ. The debate constitutes one of few occasions on which UN Members get the opportunity to express views on the Court’s activities and exercise of authority. Taking government statements issued in General Assembly debates over the past thirty years as its point of departure, the article teases out factors that, in the eyes of UN Members, contribute to or detract from the Court’s legitimacy. The article finds that four sets of sources affect UN Members’ assessments of the institution: 1) the Court’s outreach efforts and access to its various outputs, 2) diversity, representativeness, and the quality of its jurisprudence, 3) independence and impartiality of its judges, and 4) its efficiency, flexibility, and transparency. In so doing, the article contributes novel and empirically grounded perspectives to ongoing debates about the legitimacy of the principal judicial organ of the UN from the vantage point of its primary constituents, UN Members.

Grassroots involvement on Global South policy narratives and deliberative action on climate change loss and damage

PurposeThis paper investigates how power and narratives among actors relate to the process of agenda-setting and deliberation in the context of climate change loss and damage. The focus is to understand how grassroots voices manifest their concerns on intensifying economic and non-economic impacts of climate change loss and damage which affect them.Design/methodology/approachThis paper is based on the case of the Southeast Asia climate change loss and damage workshop in Bohol, Philippines in August 2022. It utilizes lesson drawing as a critical approach by thematic analysis in making sense of the data gathered from the perspectives of participant observers and facilitators.FindingsThere are different levels of power and dominant narratives actors in a deliberative process propel in taking a stance over a particular issue towards agenda-setting and policy framing. The power and narratives help actors to maintain and emphasize their position, exercise authority, and to some point, suppress weak voices. Narratives associated with emotions, sentiments, ideologies, and value systems of the grassroots, community leaders, and climate justice movements tend to be devalued by those in a high level of power and authority.Originality/valueTechno-authoritarian domination explicitly hampers a genuine grassroots involvement in the policy process, especially towards agenda-setting of immediate concerns about climate change loss and damage which affect the public. Critiquing actors’ power and narratives are productive in identifying and propagating the type of deliberative spaces that speak truth to power.

Challenges Facing Andean Communities in the Protection of the Páramo in the Central Highlands of Ecuador

In the rural parish of Salinas, located in the central highlands of Ecuador, most of the communities are settled in a páramo ecosystem, whose deterioration has become a concern since the beginning of the century. The scarcity of water that some communities have experienced has led to a reconsideration of economic activities, as part of a community process that began 50 years ago, which has currently allowed them to overcome extreme poverty. This research aims to analyze the socio-technical reconfiguration process these communities have undergone in their new role as conservationists that has simultaneously ensured their livelihoods. The methodology applied is a qualitative approach based on a discourse analysis. The results indicate a process of applying social technology to protect the páramo. The availability of economic resources, a new mentality and the exercise of authority are key starting elements for the latter, and through strengthened organizations, permanent reflection, creativity, and the search for sustainability, the primary objective can be reached: the protection of the páramo.

International anti-corruption concepts and their implementation in Ukraine

The relevance of the research is that Ukraine needs eliminating corruption. A large number of measures have already been implemented; however, Ukraine still lags behind other countries concerning corruption indicators. The corruption does not depend on the political or economic regime. This phenomenon can be found in almost any country since the corruption is a general aspect of the exercise of state authority in the form of specific actions of civil servants. Having analyzed corruption in the civil service of Ukraine, it seems necessary to pay attention to the foreign experience in anti-corruption activities. This circumstance is attributed to many reasons. One of the reasons for applying foreign experience is that developed countries have a more advanced system of civil service. Therefore, the article is focused on the analysis of statistical indicators on corruption in different countries. The aim of the study is to analyze the specifics of tackling corruption in various countries. As a result, the dynamics of corruption in Ukraine are studied. In particular, the creation of specialized anti-corruption bodies and their effectiveness are analyzed. Finally, measures have been developed that would have a positive impact on the effective fight against corruption.

Stakeholder conflict and standard-setting foundation oversight

This study examines foundation oversight authority as a distinct tool used to maintain the accounting profession’s delegated authority to set standards. Prior literature traditionally focuses on the standard-setting boards and technical arguments surrounding proposed accounting standards. We examine whether the Financial Accounting Foundation (FAF) can manage stakeholder conflict and legitimize contentious activity through exercise of its oversight role. The presented case is a qualitative analysis of the FAF’s GASB Scope of Authority project, a rare public exercise of FAF oversight authority, in which the FAF applied its authority despite stakeholder disagreement on the line between oversight and standard setting. We observe the FAF’s oversight of standard setting due process as opposed to the content of proposed standard setting projects. The policy formalizes private consultation at this blurred boundary to safeguard board autonomy and delegated authority. Implications and precedence for the FASB and other contentious accounting issues (e.g., deliberations around ESG reporting) are discussed.

Patriarchal Anxieties and Masculine Sexual Privilege in Contemporary Urban Mali

The neoliberal transformation of Mali's burgeoning capital city, Bamako, has undermined men's capacity to provide for their households and dependents even as it has boosted women's economic participation, leading senior males to express mounting anxieties over their declining economic power. As more men find themselves unable to assure economic stability for the women and children under their charge, many double down in their bid to exercise authority over women, particularly their wives. Some men use polygynous marriage as a means of performing certain masculine ideals, acquiring social prestige despite their diminished roles as breadwinners. Others find maintaining multiple female partners outside marriage similarly useful for offsetting their economic disadvantages. Based on ethnographic fieldwork and interviews with men and women in Bamako, this paper examines the extent to which modern masculinity in the city remains predicated on the control of women and their bodies.

Qualitative study legal protection of the implementation of anesthesiologists' duties in delegation of doctor authority: legal protection of anesthesiologists in carrying out professional duties

Anesthesiologists have the main duties in Anesthesia Structuring Care services, including pre-, intra, and post-anesthesia. Kepmenkes Number 251 of 2015 concerning National Guidelines for Anesthesiology and Intensive Therapy Medical Services and Minister of Health Regulation Number 31 of 2013 concerning the Implementation of Anesthesia Nurse Work are legal products that regulate the implementation of anesthesia services. The two Permenkes have regulated the authority to carry out anesthesia measures and are the responsibility of Anesthesiologists with their expertise and authority. The legal basis for delegation of authority for medical action is contained in the Law on Health Workers in Article 65 paragraph (1); in carrying out health services, health workers can receive a delegation of medical action from medical personnel. This study aims to determine the legal protection of anesthesiologists in carrying out delegation of authority for professional duties in hospitals. This research is qualitative research with the sociological juridical method and single case design. Purposive sampling with interviews with doctors and anesthesiologists related to the delegation of authority of as many as six people. The results of this study, anesthesiologists in carrying out their duties, have been protected by the existence of the hospital by law made by the medical committee with the Standard Operating Procedures and Details of Work Authority of doctors and anesthesiologists in hospitals. Research advice to maintain the proper exercise of the anesthesiologist's authority.