Legislative Power Research Articles

Bancada Evangélica

O objetivo deste trabalho é investigar se os deputados ligados à Bancada Evangélica (BE) integram a elite parlamentar brasileira e ocupam espaços de poder no Congresso Nacional. A hipótese é a de que tanto pelo seu tamanho, quanto pela exposição midiática que alcançam seus membros e suas agendas, a BE consegue impor nomes nas posições estratégicas da Câmara Federal e participar das tomadas de decisão sobre os temas centrais da agenda do poder legislativo. Para dar conta desta hipótese, se identificou se os parlamentares evangélicos 1. ocuparam cargos relevantes nas Mesas Diretoras e nas Comissões Permanente e 2. foram citados na pesquisa “Os cabeças do Congresso Nacional”. Como resultado, conclui-se que, a despeito de seu tamanho e visibilidade, os deputados evangélicos, em sua grande maioria, não fazem parte da elite do Congresso Nacional. Recebido: 11/03/2020Aceito: 09/11/2020

프랑스에서의 권력분립

In Korea, separation of power is called separation of the three powers of legislation, justice and administration. This guarantees the basic rights of the people. And it is a basic constitutional principle that divides state power into legislation, administration and justice to prevent abuse of power and to balance it with each other.<BR> Generally, when discussing the separation of power in Korea, Locke’s theory of separation of power and Monteski’s theory of separation of power are basically introduced. In terms of institutions, the United States is the country that best institutionalized the principle of separation of power. In general, the relaxed form of separation of powers can be called the U.S. presidential system, the British parliamentary cabinet system, and the French dual-governance system.<BR> Under the Korean Constitution, the National Assembly is the only legislative body, and the executive powers are the administration, the president, and the judicial powers are the Supreme Court and the lower courts and the Constitutional Court. Article 40 of the Korean Constitution stipulates that legislative power belongs to the National Assembly. This is that the National Assembly is an institution that directly represents the people who are sovereigns, and that exercises legislative power, which is the most basic of the national action. And on the political front, the separation of power is the central value of state affairs. The court is curbing the power of two other powerful agencies by allowing the Constitutional Court to exercise its right to review unconstitutional law orders and all other state actions. In other words, our country is led by the presidential system. And it has a unique form of content that adopts the form of American judicial power. Formally, checks and balances work fairly among the three powers. How does France grasp and realize the separation of powers? And what is it if there is a constitutional basic ideology that can sum up or supplement the separation of powers? The purpose of this paper is to review the answers.<BR> Korea seems to be embodying an ideal separation of powers in terms of formality. In reality, however, voices of public opinion and minority claims are difficult to convey to the center of politics. If this is not improved even though we are well aware of it, there will be no politics based on the ideology of a constitution. At this point, I would like to review the form of power separation centered around France.<BR> When the French Constitution states that the final purpose of the Constitutional Court is to prevent absolute power from being overthrown against tyranny, can the guarantee of rights and separation of powers be practically separate? After all, in order to assess the principle of separation of powers, one must think in relation to the idea of a law-governed state. France"s separation of power suggests two grounds. The former is linked to the idea that separation of power is the autonomy of power. And the latter derives the importance of guaranteeing rights in the Constitutional Court in the separation of powers.<BR> Therefore, the proper form of the Constitutional Court could be a problem. As such, France also points out that the June 3, 1958 law, which recognized the basis of the Fifth Republic Constitution, refers to the separation of powers, and that the Constitutional Court clearly favors the constitutional principle of separation of powers in its ruling.

A participação do Poder Legislativo no planejamento público municipal: análise das propostas de emendas parlamentares às leis orçamentárias de Curitiba

Norteado pelo objetivo de analisar o quantitativo e as características das emendas convertidas em lei e pela discussão sobre a problemática do distanciamento dos parlamentares das funções legislativas em matéria orçamentária, este artigo aborda a participação do Poder Legislativo no planejamento público sob a perspectiva de legitimação social em democracias representativas. O referencial teórico que a ele dá substrato remete ao processo de planejamento público e à política orçamentária com foco nas emendas parlamentares. O percurso metodológico evidencia a pesquisa como aplicada e delineada como estudo de caso, com enfoque descritivo. O método empregado é estatístico descritivo. Os resultados apontam i) que o déficit de conhecimento técnico, as assimetrias de informação e a baixa qualidade da transparência empregada nas propostas de orçamento perpetuam a hegemonia do Executivo e ii) que não houve alterações dessa estrutura pela adoção de emendas impositivas ao orçamento anual.

The participation of the legislative power in municipal public planning: analyzing proposals for parliamentary amendments to the budget laws in Curitiba

Guided by the objective of analyzing the quantity and characteristics of amendments that have become law and by discussion on the issue of parliamentarian distancing from legislative functions regarding budget matters, this article addresses the participation of the legislative power in public planning from the perspective of social legitimacy in representative democracies. The theoretical framework, which provides support for this, is in reference to the process of public planning and to budget policies, focusing on parliamentary amendments. The methodological path emphasizes an applied research defined as a case study with a descriptive approach. The method employed is that of descriptive statistics. The results have indicated that i) the lack of technical knowledge, asymmetric information and a low quality of transparency in budget proposals perpetuate the hegemony of the executive power and ii) there were no modifications in this structure through the adoption of impositive amendments to the annual budget.

Requirement to Rebalance or to Amend the EU Treaty (TEU and TFEU) in Concordance with National Constitutional Law?

The article explains and analyzes, whether there is a legal requirement to rebalance or amend the EU Treaty (TEU and TFEU) in concordance with national constitutional law due to a conflict of competence between the national supreme courts and national constitutional courts and the European Court of Justice. In short, the article has the following conclusions or findings: (i) National constitutional law and EU constitutional law (lex superior) are not in all instances in judicial congruence due to a conflict of competence. (ii) Under EU law as interpreted by the ECJ, even national constitutional law is under EU law primacy or supremacy, cf. e.g. 1) ECJ case C-11/70, Internationale Handelsgesellschaft, para 3, 2) ECJ case C-285/98, Kreil, and 3) ECJ case C-399/11, Melloni, para 58. (iii) Nevertheless, in three instances the European Court of Justice (the ECJ) has been overruled by national supreme courts and national constitutional courts under or due to national constitutional law, cf. 1) the Landtova case from the Czech Republic (the Czech Constitutional Court’s decision Pl. US 5/12 of 31 January 2012), 2) the Ajos case from Denmark (the Danish Supreme Court’s judgment of 6 December 2012 published in U.2017.824H) and 3) the ECB judgment from Germany (Bundesverfassungsgericht’s judgment of 5th May 2020, 2 BvR 859/15, etc.). (iv) The major focal point of the conflict of competence is the applied legal methodology by the ECJ with implied powers or derivation from the coherence of the EU Treaty or the EU treaties to treaty-giving power and legislative power for the ECJ. In reality, the said applied legal methodology gives the ECJ judicial circular competences or Kompetenz Zu Kompetenz (both treaty-giving power, legislative power and judicial power). (v) A solution to this judicial Gordian Knot or way out of the said conflict of competence could be to rebalance or amend the EU treaty. (vi) A suggested amendment to the EU Treaty is to add a section 4 to Art. 19 TEU. This suggested section 4 of Art. 19 TEU would constitute a new legal mechanism regarding EU law and national constitutional law. This legal mechanism could be that a conflict of competences with regard to ultra vires (outside conferred competences) would result in a renewed legislative process under e.g. Art. 294 TFEU. If the ECJ’s interpretation was upheld by the EU’s legislative power, the national courts must accede to this renewed legal basis. If the ECJ’s interpretation is not upheld via EU’s legislative process, the said interpretation by the ECJ is invalid. The same as above-mentioned would apply with regard to EU principles, which principles could only apply on an EU constitutional level, if they were made statutory via the Treaty, cf. Art. 1 TEU.

La astucia de la Corte Suprema de Justicia de la Nación: argumentos para el rechazo o para la declaración de certeza pretendida respecto del art. 30 del Reglamento del Senado de la Nación

El trabajo analiza el fallo de la CSJN en la causa “Fernández de Kirchner, Cristina en carácter de Presidenta del Honorable Senado de la Nación s/ acción declarativa de certeza”, del 24/04/2020. Para el autor, la decisión comentada versa sobre un debate jurídico de profunda raíz política. Por esta razón, cree que el derecho, como producto de su tiempo, ha dado un resultado positivo y acorde a las necesidades que la pandemia nos exige, receptando las imperiosas demandadas de un contexto imprevisible. Ello es así, toda vez que esta sentencia, sin comprometerse más allá de lo necesario, lo hizo de manera suficiente para facilitar el camino al Poder Legislativo y que éste cumpla su mandato constitucional, aún en las condiciones excepcionales en las que la presentación de la Presidenta del Senado fue realizada.

مدی شرعیة السلطة التقدیریة للرقابة الدستوریة فی حالة الاغفال التشریعی

إذا کانت السلطة التشريعية تتمتع بسلطة تقديرية واسعه في ممارسة اختصاصاتها التشريعية، الا ان هذه السلطة کغيرها من السلطات، ليست سلطة مطلقة او سلطة تحکمية لا قيد عليها، ولکنها سلطة مقيدة، تخضع للعديد من الضوابط والقيود التي يتعين الالتزام بها في تشريعاتها والا عد عملها عملا باطلا مخالفا للدستور متعينا بطلانه. وتبدو أهمية دراسة الإغفال التشريعي في النقطتين اساسيتين: تتمثل الأولى في أن کل مخالفة للدستور سواء کانت عمدا أو بدونه أو عن إهمال يتعين منعها، أما الثانية: تتعلق بکون الدستور يکفل الحماية لکل حق أو حرية اعترف بها من جوانبها النظرية والعملية، وهذه الکفالة هي الضمانة الوحيدة لحقوق المواطنين وحرياتهم، مما يتعين إنفاذ هذه الحقوق والحريات العامة بالطريقة التي تضمن الانتفاع بها کما تصورها الدستور. ولا شک أن رقابة الاغفال التشريعي أحد فروع الرقابة على دستورية القوانين إلا أن هذا النوع من الرقابة يمتاز بکونه ينصب على ما أغفله المشرع في النص القانوني محل الطعن بعدم الدستورية، فعدم دستورية النص لا تتأتى من مخالفة صريحة للقواعد الشکلية والموضوعية للدستور، وإنما تتأتى عن إغفال المشرع أو قصور في تنظيم الحق أو الحرية أو المساءلة محل التنظيم، فما أغفله المشرع هو الذي جعل النص مشوب بعدم الدستورية، وحيث أن الأصل في الرقابة على دستورية القوانين هي رقابة قانونية وليست رقابة ملائمة فإن تدخل القاضي الدستوري لرقابة ما لم يذکره المشرع– ما أغفله– من شأنها المساس بنطاق السلطة التقديرية للمشرع، لذا فإن هذه الرقابة تکون حساسة حتى لا يتهم القاضي الدستوري بالتدخل في عمل السلطة التشريعية. If the legislative authority enjoys wide discretionary power in exercising its legislative powers, but this authority, like other authorities, is not an absolute power or a controlling authority that is not restricted, but it is a restricted authority, subject to many controls and restrictions that must be adhered to in its legislation, otherwise its work is in accordance with It is invalid in violation of the constitution, indicating its nullity. There is no doubt that legislative oversight is one of the branches of overseeing the constitutionality of laws. However, this type of oversight is distinguished by the fact that it focuses on what the legislator overlooked in the legal text subject to the challenge of unconstitutionality. The unconstitutionality of the text does not result from an explicit violation of the formal and substantive rules of the constitution, but rather from the legislator’s neglect. Or a failure to regulate the right, freedom, or accountability subject to regulation, so what the legislator overlooked is what made the text tainted with unconstitutionality, and since the principle in overseeing the constitutionality of laws is legal oversight and not appropriate oversight, the constitutional judge’s interference to control what the legislator did not mention- what he omitted- They may affect the scope of the discretionary power of the legislator, so this oversight is sensitive so that the constitutional judge is not accused of interfering in the work of the legislative authority. The importance of studying legislative omission appears in two basic points: The first is that every violation of the constitution, whether intentionally or without it or negligence, must be prevented, and the second: related to the fact that the constitution guarantees protection for every right or freedom recognized in its theoretical and practical aspects, and this guarantee is the guarantee The only rights and freedoms of citizens, which is why these rights and public freedoms must be enforced in a way that guarantees their use as envisioned by the constitution

Ativismo Judicial e a Implantação do Programa Família Acolhedora no Estado de Mato Grosso do Sul

O presente artigo objetiva discutir a inércia dos municípios do Estado de Mato Grosso do Sul na implementação do Programa Família Acolhedora em total descumprimento ao Estatuto da Criança e do Adolescente. Por meio de pesquisa exploratória, a partir dos dados disponíveis no site do Tribunal de Justiça do Estado de Mato Grosso do Sul, será analisado o estágio atual de implementação do programa no Estado, que, conforme resultados apurados, apresenta um baixo grau de efetividade. Na sequência, a partir de revisão bibliográfica, será estudado o ativismo judicial como uma possível solução à inércia dos Poderes Executivo e Legislativo, observando os seus pontos favoráveis e contrários.

УПРАВЛІННЯ ЕКОНОМІЧНОЮ БЕЗПЕКОЮ З УРАХУВАННЯМ ПОТРЕБ ВЛАСНИКІВ

Констатовано, що економічна безпека може бути забезпечена тільки в тому разі, якщо буде визначена і побудована логічна система своєчасного виявлення, попередження і ліквідації потенційних і реальних економічних загроз і ризиків сталого розвитку підприємства з урахуванням потреб власників. Метою статті є визначення основ управління економічною безпекою з урахуванням потреб власників, формування механізму системи пріоритетних інтересів підприємства. Організація економічної безпеки підприємства залежить від того, наскільки ефективно воно здатне уникнути можливих загроз за окремими складниками зовнішнього та внутрішнього середовища. У статті розглянуто основні фактори, що впливають на стан економічної безпеки підприємства. Констатовано, що формування механізму забезпечення економічної безпеки підприємства повинно відбуватися з урахуванням потреб власників підприємства за допомогою прийняття відповідних управлінських рішень, формування інформаційного поля, проведення аналітичних та прогнозних робіт, виконання низки економічних розрахунків та оцінки отриманих результатів.

PARLIAMENTARISM AS A POLITICAL INSTITUTE OF PUBLIC ADMINISTRATION

The article examines the issues of parliamentarism, which is a special system of public administration, structurally and functionally based on the principles of separation of powers, the rule of law with the leading role of parliament in order to implement the constitutional consolidation of the sovereignty of the people. At the same time, the principle of separation of powers occupies a central place in matters of public administration. The purpose of the theory of separation of powers is to create an effective mechanism for the functioning of state bodies, to create security of citizens from arbitrariness and abuse of power, to ensure political freedoms. The purpose of the study is to analyze research materials and legal regulation of the parliament as the bearer of state power. It should be noted that the role and importance of the parliament in the constitutional mechanism for the implementation of state power, based on the theory of popular sovereignty of the majority of modern states, is reflected in the legislative basis for the functioning of these higher representative collegial bodies. The development of the legislative framework leads to the formation of parliamentary law. Thus, parliamentarism today is a complex structure of legislative power, a multifunctional subsystem and an integral part of an extensive political system. At the same time, the essence of parliamentarism, following changes in its historical functions and structure, was often expressed by isolating and emphasizing any of its individual elements. Based on the study, the author comes to the conclusion that it is quite obvious that branched, well-organized and effectively functioning representative structures, both at the federal and regional levels, are necessary for Russia today, when we have embarked on the path of building a rule-of-law state, creating a civilized and a democratic society. It is the parliament that acts as a collector and spokesman for the interests of groups and structures that form civil society, melting these interests into state will. Effective public administration in a market economy not only does not exclude, but, on the contrary, presupposes the development and improvement of parliamentarism. Only under this condition can one count on the formation at the federal and regional levels of a powerful legislative base, adequate to the new historical conditions. It goes without saying that without such a base, further reforms in the economic, financial, social, political and other areas are unthinkable. The source of such a base is parliament.

The Role of Law in Creating Different Policies in Iran's Court of Justice and Punitive Court

The principle of respecting the separation of political forces in a society gives the legal system the right to issue orders on people's complaints based on the laws approved by the legislative power. There is no question that laws, like other man-made things, have shortcomings. These decisions include the rupture and even the conflict between two or more articles of the law that provoke the creation of different policies in the court of justice and the punitive court of Iran. With a documentary methodology, this article attempts to study the conflicts between different punitive laws and their effect on the creation of different policies in the courts of Iran. It is concluded that, in many cases, due to different reasons there may be defects in the law or in the interpretation of the law that generate defect, ambiguity, clash between laws and contradiction. The existence of all these failures in different cases will cause conflicts between the judges of the criminal courts and these conflicts are the source of the creation of different legal procedures in the criminal courts and in the short time analyzed.

РОЛЬ І ФУНКЦІЇ ДЕРЖАВИ У ТРАНСФОРМАЦІЇ СОЦІАЛЬНО-ЕКОНОМІЧНИХ СИСТЕМ

The article examines the role and functions of the state in the transformation of socio-economic systems. It is proved that the process of transformation of the socio-economic system occurs under the influence of both the market trend towards equilibrium and state policy: the state acts as a subject of transformational transformations. The regulatory role of the state in the transformation of the socio-economic system is to implement the necessary reforms, institutional changes, and promote the development of the domestic economy against the background of countering the negative consequences of globalization. The state, influencing the directions of transformation of the socio-economic system, forms a system of development priorities in accordance with the goals of business and the interests of society, as well as restrictions imposed by the national and global economic system. In the course of the study, it was noted that the market mechanism can fail, since the market is not always capable of self-regulation. The reasons for such failures include external effects, the mutual influence of individuals ‘ activities on personal well-being, and the need to create public goods. Three groups of regulatory functions of the state in the transformation of socio-economic systems are defined: functions to create conditions for the effective functioning of the market, functions to stimulate the development of an industrial basis, functions to support the post-industrial sector of the economy, while the common basis for all groups of functions is the formation, transformation and improvement of institutional relations necessary for a highly efficient economy. The functions of the state in the process of transformation of the socio-economic system are characterized by the fact that with the help of legislative, executive and judicial power, the state coordinates and structures the interaction of all elements of the system in the interests of economic entities and social groups. It is found out that the features of state regulation of the transformation of the socio-economic system of Ukraine consist in the fact that it is necessary to solve a wide range of tasks of both catching up and advanced development, using a set of regulatory tools that ensure transformation in given target areas. In this regard, direct and indirect selective regulation with the use of program-target methods when using an institutional approach to innovative transformation of the socio-economic system of Ukraine is promising. The article examines the role and functions of the state in the transformation of socio-economic systems. It is proved that the process of transformation of the socio-economic system occurs under the influence of both the market trend towards equilibrium and state policy: the state acts as a subject of transformational transformations. The regulatory role of the state in the transformation of the socio-economic system is to implement the necessary reforms, institutional changes, and promote the development of the domestic economy against the background of countering the negative consequences of globalization. The state, influencing the directions of transformation of the socio-economic system, forms a system of development priorities in accordance with the goals of business and the interests of society, as well as restrictions imposed by the national and global economic system. In the course of the study, it was noted that the market mechanism can fail, since the market is not always capable of self-regulation. The reasons for such failures include external effects, the mutual influence of individuals ‘ activities on personal well-being, and the need to create public goods. Three groups of regulatory functions of the state in the transformation of socio-economic systems are defined: functions to create conditions for the effective functioning of the market, functions to stimulate the development of an industrial basis, functions to support the post-industrial sector of the economy, while the common basis for all groups of functions is the formation, transformation and improvement of institutional relations necessary for a highly efficient economy. The functions of the state in the process of transformation of the socio-economic system are characterized by the fact that with the help of legislative, executive and judicial power, the state coordinates and structures the interaction of all elements of the system in the interests of economic entities and social groups. It is found out that the features of state regulation of the transformation of the socio-economic system of Ukraine consist in the fact that it is necessary to solve a wide range of tasks of both catching up and advanced development, using a set of regulatory tools that ensure transformation in given target areas. In this regard, direct and indirect selective regulation with the use of program-target methods when using an institutional approach to innovative transformation of the socio-economic system of Ukraine is promising.

Amending legislatures in authoritarian regimes: power sharing in post-Soviet Eurasia

ABSTRACT A large body of scholarship points to the importance of legislatures in authoritarian regimes, arguably making them more stable and durable. Legislatures could, for example, perform a co-opting function by giving legislative power to potential opponents of incumbents. Additional evidence is needed, however, to show that this legislative function of parliament exists in non-democracies. This article, therefore, takes a step back and investigates to what extent parliaments in authoritarian regimes have a legislative function, by focusing on the amendment of executive bills. Based on an innovative way of measuring parliamentary amendment, the analysis uses a unique original dataset with cross-national data on 5271 executive bills from Russia, Kazakhstan, Ukraine and Kyrgyzstan. The figures demonstrate a high level of activity across all parliaments analysed here. Importantly, however, some legislatures are more active than others. Contributing empirically and theoretically to existing literature, the results show that legislatures on average amend executive bills for 43.2% and that power sharing institutions, defined as contestation and institutional differentiation, constitute mechanisms causing different levels of activity. The article concludes by discussing the limitations of the investigation and indicates where future research could strengthen further theoretical and empirical links between legislative power sharing, co-optation and regime stability.

Failed planning: lost opportunities and choices for the future

Purpose Social, spatial and environmental justice are inseparable, and key for sustainable urban development. The city is the cradle of innovation and production. Also, the city is the site of riots, where protesters demand their right to access services and resources. The purpose of this paper is to answer the question: Why do plans to resolve urban ills in developing countries fail to deliver and achieve social justice? Design/methodology/approach This paper investigates weaknesses, limitations and outcomes of planning processes in a developing country. The author used two qualitative research tools: document analysis augmented with informal interviews. The author uses Egypt as a case study in an attempt to answer this question. The author reviewed two types of documents: official reports that the Egyptian authorities produced and donor agencies prepared plus both published and unpublished research. Interviewees are those who participated in elaborating and executing urban plans and policies. Findings Achieving social, spatial and environmental justice is amongst the reasons for planning metropolitan areas and their regions. Unfortunately, rarely plans accomplish social, spatial or environmental justice. Institutional setup is the reason for failed urban planning – institutional failures lead to both policy and market failures, thus complicating urban problems. Originality/value Approved plans must have the power of legislation, and planners need to reclaim their authority and autonomy, which requires regulating the profession. Planning education must be at the graduate level and available to other disciplines, such as economics, public administration, law and the like. Planners must acquire the following competencies: technical competencies for analytical actions; hermeneutic competencies for communicative actions; and critical competencies to observe professional ethics. They must emancipate themselves from their bias to enlighten and empower their constituents.

Nondelegation on Stilts

Five sitting Supreme Court justices appear ready, perhaps eager, to adopt a more assertive approach in applying principle that Constitution forbids Congress to delegate legislative power to any other person or institution. In several separate opinions in recent cases, conservative justices appear to converge on at least one new test for evaluating legislative delegations: a delegation is improper when Congress hands off an important policy issue to executive branch for decision, and executive uses that delegated power to control private conduct. The Supreme Court has never struck down a federal statute based on such a test, and it should not start doing so now. Indeed, if conservative justices truly do not want to substitute their own views of wise public policy for those of political branches, they should run, screaming, away from approach they have proposed for legislative delegations. A test based on justices' perceptions of importance of underlying policy issues cannot help but simply reflect justices' own political preferences. And a test skewed to disfavor regulatory interventions while giving non-regulatory choices a free pass flouts Court's decision in Whitman v. American Trucking Associations, which unanimously held that an agency cannot fix a statute's non-delegation problem by restricting its own power. An asymmetrical test also reflects a narrow and privileged view of liberty that cannot be rescued by pretending that the whole of people consented to conservative justices' vision of separation of powers.

무술시기 강유위 「제5차상서」에 나타난 國會와 憲法에 대한 재검토

The article focused on tracing the origins and functions of the parliamentary system, including the National Assembly, Constitution and political system, which appeared on the Fifth Memorial, and presenting a rough outline of establishing the National Assembly and enacting the Constitution during the Reform Movement of 1897-1898. To this end, I first tracked Kang You-wei"s perceptional changes of Western political ideas through the Japanese Meiji Restoration and Japanese books, which are the backgrounds of knowledge in the submission of the Fifth Memorial, and reviewed Kang You-wei"s new progress in his perception of the National Assembly and the Constitution.<BR> Based on this, I closely tracked the origins of the National Assembly and the Constitution in the Fifth Memorial, relations with Bibliography of Japanese Books(日本書目志), as well as the commonality and differentiation of Reform issues in the Fifth Memorial, and re-examined in-depth issues such as the structure and function of the bicameral National Assembly, civil constitution, and civil rights (human rights and political rights of public citizens) and so on. Lastly, in order to overcome the limitation of excessively compressive description of the National Assembly-related narratives in the Fifth Memorial, referring to “a memorial to imitate west’s parliamentary establishment for Reform and Self-Strengthening(變法自強宜仿泰西設議院摺)”, which was drafted by Kang You-wei in period of The Hundred Days" Reform(1898), I presented Kang"s concrete design for establishment of bicameral National Assembly during Reform Movement of 1897-1898.<BR> Through this study, if I present a Kang you-wei’s rough blueprint of establishing the National Assembly and the enactment of the Constitution which appeared in the Fifth Memorial, it can be summarized into following five things. 1) The establishment of the National Assembly, a legislative body based on the separation of powers within 3 months, 2) The National Assembly adopts the Prussian-style bicameral system, 3) The Emperor’s convocation of the National Assembly and participation in the opening ceremony, 4) Relationship setting between the legislative power and voting rights of the bicameral National Assembly, 5) Enactment of constitution and reflection of human rights and political rights of citizens in the Constitution.

PROBLEMS OF FORMATION OF THE PARLIAMENT AS A POLITICAL INSTITUTE

The article examines the issues of parliament as a political institution, the main purpose of which is the development and adoption of laws in the interests of the population and the state. At the same time, in addition to law-making, the parliament also performs other equally important functions, among which are representative, control and organizational. It should be noted that the representative function is a priority, because, firstly, it is implemented both through the legislative sphere and through other aspects of the parliament; secondly, representative powers compel us to consider the activity of parliament as a way to realize the collective right of the people to power; thirdly, representation as the central function of the parliament should be ensured in the daily activities of the latter and express the interests of the majority in society, and not just the parliamentary majority itself. The purpose of the study is to analyze scientific research materials and legal regulation of the parliament as the bearer of the supreme legislative power. It should be noted that the fundamental place of representative power is determined by the normative consolidation of the leading role of parliament, where representation is implemented in a very complicated legislative procedure, which is aimed at working out a compromise solution and is due to the removal of social tension and the legitimization of the state apparatus. At the same time, parliamentary law can be considered as a sufficiently formed and dynamically developing branch of law, which does not contradict its characterization as a sub-branch of constitutional law. Parliamentary law, along with suffrage and constitutional procedural law, develops in the fundamental system of constitutional law, and is one of its largest entities. At the same time, parliamentary law can be considered as a sufficiently formed and dynamically developing branch of law, which does not contradict its characterization as a sub-branch of constitutional law. Parliamentary law, along with suffrage and constitutional procedural law, develops in the fundamental system of constitutional law, and is one of its largest entities. Based on the research, the author comes to the conclusion that parliament as a political institution in Russia is one of the instruments for implementing the modern principles of a democratic rule of law with a federal structure and a republican form of government. The Federal Assembly of the Russian Federation has real means to avoid concentration or usurpation of power in the hands of one body, group of persons or one person. These tools include both the general principles of the Federal Assembly (separation of powers, openness, legality, collegiality, etc.), and direct rights, duties of the houses of parliament (legislative, representative, control).

The Legislative Power of the House of Representatives after the Amendment to the 1945 Constitution of the Republic of Indonesia

The legislative power after the amendment of the 1945 Constitution of the Republic of Indonesia (UUD 1945) resulted in a shift in legislative authority from the President to the House of Representatives (DPR). The legislative authority after the amendment of the 1945 Constitution predominantly rests with the DPR, however, the President and the Regional Representatives Council are also given the authority to form laws. The powers that be in the DPR do not necessarily make the DPR superior to the President and DPD in terms of legislation. It turns out that the strengthening of the legislative power that is in the DPR as a legislative body cannot prove that the resulting regulations are commensurate with the increased authority obtained after the amendments to the 1945 Constitution. In fact, regulations originating from the President and DPD as executive bodies appear to be more active than those that originate. from the DPR. This study aims to thoroughly analyze and map the legislative power of the DPR as well as the legislative power possessed by the President and DPD because after the amendment the three state institutions have legislative powers, if this happens it will have the potential to reduce the legislative power possessed by the DPR. The type of research used is a type of normative research with a Normative-Analytical approach that uses secondary data sources with primary, secondary, and tertiary legal materials.

The judicialization of the right to health in México from the stakeholders' perspective

Objetivo. Conocer la opinión de actores clave respecto del proceso de judicialización del derecho a la protección de la salud en México. Material y métodos. Se realizaron 30 entrevistas semiestructuradas a representantes de los pode-res Judicial (PJ), Legislativo (PL), Sector Salud (SS), industria farmacéutica, academia y organizaciones de la sociedad civil (OSC) durante mayo de 2017 a agosto de 2018, en distintos lugares de la Ciudad de México. Se transcribieron las graba-ciones y se analizó el contenido con base en categorías de interés. Resultados. Las posturas respecto al fenómeno de la judicialización del derecho a la salud son disímiles. Hay tensiones entre quienes ven su potencial efecto como agente de cambio del sector y quienes la perciben como una interferencia ilegítima del PJ. No existe una estrategia coordinada entre los sectores para promover un cambio en el SS. Conclusiones. Las posturas respecto al fenómeno de la judicialización en México son disímiles. Hay tensiones entre quienes ven su potencial efecto como agente de cam-bio del sector y quienes la perciben como una interferencia ilegítima del PJ en el SS. Otros argumentan que no existe una estrategia coordinada entre los sectores para promover un cambio en el SS.

Constitutional Court of Bosnia and Herzegovina as Positive Legislator

The Constitutional Court of Bosnia and Herzegovina was established on the basis of Article VI of the Constitution of Bosnia and Herzegovina as an independent guardian of the Constitution of Bosnia and Herzegovina and an institutional guarantor of the protection of human rights and fundamental freedoms established by this Constitution and instruments of Annex I to the Constitution. Assuming that it is not part of the legislative, executive and regular judicial power (as positioned by the Constitution of Bosnia and Herzegovina), the Constitutional Court acts as a separate, autonomous and independent authority and a corrective factor for the other three segments of government in Bosnia and Herzegovina. In this way, the Constitutional Court, as one of the key state institutions of Bosnia and Herzegovina, contributes to the promotion of democracy, rule of law and the affirmation of the rule of law, especially in the first years after its constitution when it was necessary to protect the foundations of a democratic state and resolve a number of questions that have in some ways remained vague in the Constitution of Bosnia and Herzegovina. The decisions of the Constitution are final and binding. In the end, the Constitutional Court has to seek and find out the ways for implementation of its decisions. If the legislator is not able to do that, the role of the guardian of the Constitution imposes on the Constitutional Court, even in the unpopular (realistically, rarely used) role of a positive legislator, to bring the procedure before the court to an end - by proclaiming a law on a temporary basis. The paper explains the concept of judicial activism, its limitations and self-limitations. Then, it points out some of the most impressive forms of its realization in the case-law of the Constitutional Court, taking into account mutual influences and differences. Special emphasis is placed on the constitutional framework of constitutional court activism of the Constitutional Court, which is also the basis for the interpretation of the Constitution of Bosnia and Herzegovina.