Legislative Power Research Articles

WESTMINSTER MODEL OF THE PARLIAMENTARY SYSTEM AND HISTORICAL FORMS OF ITS FEDERALIZATION

The article analyzes the historical transformation of the classical model of parliamentarism in the political systems of federal states of the republican form of government at the present stage of development and reveals the features of its functioning. In legal regulation, the mechanism of representative democracy today has varieties. The oldest, time-tested institution is the classical institution of parliamentarism of the Westminster system. But it has also undergone significant changes in connection with its use in states with a federal structure. The objects of the study are the historical forms of representative democracy in the federal states of the British Commonwealth (Canada, the Commonwealth of Australia and the Indian Union), the subject is the institution of the legislative power of the classical type and the forms of its transformation. The relevance of the topic is due to the search for optimal ways for various states to improve the legislative power in the system of separation of powers, the choice of the most effective legal means and methods of functioning of the parliamentary system. For the Russian Federation, despite the differences between the model of legislative power and the classical one, discussions about the political and legal composition of the legislative power are very important, this was noted by researchers when the constitutional reform of the Russian Federation in 2020 was being developed. Research methods are based on the principles of the dialectical approach, including deductive analysis from the standpoint of a formal legal definition of specific historical and legal facts. An important place is occupied by the method of diachronic and synchronous comparison in identifying the general and specific characteristics in the parliamentary systems of federal states, as well as the method of typology, that is, their comparison with the classical model. Based on the study of factual data and analytical studies, common features of the functioning of the legislative power in federal states that adopted the classical model of representative democracy have been identified. The work features of this system in connection with changes in political processes are indicated, the features of the manifestation of the crisis are revealed. Institutional and legal changes are identified in the course of solving current problems related to the distribution of functions of the upper and lower houses of parliament in the legislative process and the implementation of the procedure for monitoring the activities of the executive branch.

STUDY KOMPARASI IMPLEMENTASI SISTEM PEMERINTAHAN PRESIDENSIAL ANTARA NEGARA AMERIKA SERIKAT DAN NEGARA INDONESIA

After the stipulation of the 1945 Constitution of the Republic of Indonesia in the 4th Amendment, the Indonesian state has declared itself to be consistent in implementing the presidential system of government as the basis for the implementation of its government. The presidential system of government or also known as the congressional system is a system of government in a country in the form of a republic in which executive power is elected through general elections and is separated from legislative power. With the complexity of this system, not many countries that implement it fail to pass the test of democratic stability. It can be stated that only the United States of America is capable of becoming the best practice of implementing a successful, effective and efficient presidential system. Therefore, many other countries use the United States as a role model in building an effective and efficient form of presidentialism system as has been done by Indonesia.

문재인 정부의 자치분권정책 평가와 향후 과제

The purpose of this study was to evaluate the Moon Jae-in government's policy for autonomy and decentralization and to suggest future tasks. The evaluation of the autonomy and decentralization policy will be from the inauguration of the Moon Jae-in government until the end of December 2021. The 6 strategic 33 tasks (133 unit tasks) in the 『Comprehensive Plan for Autonomy and Decentralization』 were targeted, and the evaluation method was mainly conducted by the Presidential Committee on Autonomy and Decentralization, which is the secondary data, using the "check and evaluation results of the implementation of the autonomous decentralization implementation plan" for three years (2020-2021). Based on the implications of the results of the Moon Jae-in administration’s policy evaluation on autonomy and decentralization, as the tasks for autonomous and decentralization to be pursued in the future, decentralization-type constitutional amendment, reconstruction and strengthening of the decentralization promotion system, self-governing administration, organization, and legislative power strengthening, self-governing financial power reinforcement, special local administration reorganization of institutions, strengthening of authority and responsibility of local councils, vitalization of resident participation, and improvement of local elections and education autonomy system. were suggested.

INTERVIEW WITH THE CITY COUNCILOR ANDREI LOISE CASALE, FROM THE MUNICIPALITY OF ANTÔNIO PRADO – RS. (PART 1)

Background: The JLPPHS team had the honor of interviewing the city councilor Andrei Loise Casale from the municipality of Antônio Prado. Objective: to analyze the functions of the city councilors; the effects of the coronavirus pandemic on the municipal education system. Methods: Questionnaire. Results and Discussion: The city councilors are part of the legislative power of the municipality; among other attributions, they are responsible for monitoring the attitudes of the executive power. Conclusions: the attributions of the city councilors contribute to the development and control of executive power. Harmonious work between the powers is important for the proper functioning of society. The coronavirus pandemic affected elementary education in the municipality, causing damage that is difficult to quantify in student learning.

Overcoming Accusatorial Bias of Russian Justice

The paper is devoted to ways to overcome accusatorial bias in Russian courts. The main ways are the provision of courts with worthy personnel and the creation of an independent first instance court, which does not exist now. The author substantiates the thesis that the absence of an independent court of first instance is the main prerequisite for the existence of an accusatorial bias. The factors that undermine the independence of the first instance court are the right of the appellate courts to remand the case for a new trial when the sentence is overturned, and the existing system for assessing the quality of the administration of justice. The Russian judiciary lives in a situation where a judge’s moral certainty does not match the opinion of a higher authority, which causes trouble for him and negatively affects his career. He is forced to adapt to someone else’s opinion. To overcome the accusatorial bias, a new culture of judicial decision-making must be formed. When making a decision, the judge must be independent not only from the executive or legislative power, but also from higher judicial instances. It is proposed to legislatively limit the right of appellate courts to return cases for a new trial and provide for the right of appellate courts to issue a guilty verdict instead of an acquittal.

The Role of Political Parties in Communication at the Central and Regional Levels

Parties politics are one of the most important components of a country's political system. This article aims to generate the birth of political power through the political process in empowered institution state and through political communication from the middle to the grassroots. The research method used in this research is a descriptive qualitative method. The data types used in this research are qualitative data, which are divided into primary data and secondary data. Data sources obtained through library research techniques (library research) are related to resources available online and offline, such as: Scientific journals, books, and news from reliable sources. The findings of this study conclude that the role of political forces in the political system is crucial in the process of legislation and communication through which the party's vision and mission are realized. Political institutions that formally have legislative power are staffed by those empowered to do so, or are reflected in the power structure of state institutions through formal political power, such as the President, the Council of People's Representatives, and other state institutions and political infrastructure. Political power, such as political parties, community leaders, community organizations, NGOs, professional associations, etc.

The Role of Political Parties in Communication at the Central and Regional Levels

Parties politics are one of the most important components of a country's political system. This article aims to generate the birth of political power through the political process in empowered institution state and through political communication from the middle to the grassroots. The research method used in this research is a descriptive qualitative method. The data types used in this research are qualitative data, which are divided into primary data and secondary data. Data sources obtained through library research techniques (library research) are related to resources available online and offline, such as: Scientific journals, books, and news from reliable sources. The findings of this study conclude that the role of political forces in the political system is crucial in the process of legislation and communication through which the party's vision and mission are realized. Political institutions that formally have legislative power are staffed by those empowered to do so, or are reflected in the power structure of state institutions through formal political power, such as the President, the Council of People's Representatives, and other state institutions and political infrastructure. Political power, such as political parties, community leaders, community organizations, NGOs, professional associations, etc.

Remembering 9/11: Religious Maximalism in the United States of America Twenty Years after the Attacks

On September 11, 2001, Al Qaeda partisans hijacked four American airliners. Three of the planes struck their targets:the World Trade Center in New York and the Pentagon outside of Washington, DC. In “Holy Terrors: Thinkingabout Religion after September 11” (2nd ed., 2006), Bruce Lincoln made several provocative proposals about thestudy of religion and the category of fundamentalism, based on his reflection after those attacks. This articleextends some of Lincoln’s proposals by refining his category “religious maximalism” in terms of his four domains of religion (transcendent discourse, practices, community, and regulatory institution), rather than considering it as a replacement for the category “fundamentalism” or as a global religious pattern. The article then examines several presidential speeches to chart the progress of Christian maximalism in the United States of America. The last four presidential speeches before the 20th anniversary of 9/11 were delivered by President Donald Trump. These speeches deemphasized religion, ignored history, disregarded basic factual accuracy, and promoted the authoritarian use of power. These signaled a move not toward religious maximalism, but rather toward racist nationalism. The article concludes that American Christian maximalists who helped elect President Trump did not gain control of the national transcendent discourse during his term of office, but they did gain considerable control of judicial and legislative power. It remains to be seen whether they can use their power in the national regulatory institutions to move the United States of America toward Christian maximalism in the long wake of 9/11.

Challenges for sustainable regional development in Russia after the constitutional reform 2020.

Equilibrium of centralization and decentralization is one of the sustainable development drivers for regions in federal countries. The constitutional reform 2020 in Russia was an important political development relevant both for Russia and international discussion. Constitutional amendments made an important contribution to the center-region relations promising to understand better the needs of regions by means of State Council and introducing new actors - federal territories, initially meant for better ecological protection of certain territories. The study allows to conclude that the representation of regions in legislative power is diminished after the reform 2020, but the upgraded State Council opens new opportunities for better center-region communications. Another finding is that the new constitutional phenomenon “federal territories” is unclear and not aimed for ecological needs. It is likely to cause unjustified inequalities in redistributions of finance and revenues between the territories in Russia. Spontaneous creation of federal territories is likely to cause uncertainties in the sustainable development of regions.

Civil judiciary as a form of justice in civil cases

The article is devoted to the study of the main aspects of justice in the form of civil proceedings to protect violated, unrecognized or disputed rights, freedoms or interests of individuals, rights and interests of legal entities, the interests of the state.
 The article provides a scientific analysis of legislative provisions, doctrinal positions and materials of judicial practice in the context of clarifying the issues of effective restoration of the rights of interested parties by the competent national authorities, including the judiciary. In this aspect, it is emphasized that the success of harmonization of the Ukrainian legal system with the system of European standards largely depends on the values ​​of national justice.The author supports the position that, in the administration of justice, the judiciary is independent and acts as an arbitrator in a dispute over law. The efficiency of the courts has three components: the efficiency and efficiency of dispute resolution, the validity and legality of judicial acts, ensuring the possibility of their implementation. The court is called to perform its functions guided only by law. It should not depend on the subjective influence of anyone, as interference with the administration of justice is inadmissible and results in liability under the law.At present, a national court cannot appropriate legislative or executive power. Equally, the delegation of their functions by the courts, as well as the assignment of these functions by other bodies or officials are not allowed. However, according to the author, this does not mean that in Ukraine, as in other legal systems of the Romano-Germanic type, judicial precedent cannot be an auxiliary source of law.It is concluded that civil jurisdiction is the jurisdiction of the general court to consider and resolve legal requirements referred to by law for consideration and resolution in civil proceedings, in order to effectively protect violated, unrecognized or disputed rights, freedoms or interests of interested parties.The position is substantiated that, despite the constitutional provision on extending the jurisdiction of courts to any legal dispute, the norms of special normative acts on the protection of civil rights of interested parties should be taken into account, which, in turn, indicates that judicial jurisdiction civil proceedings have their limits.

The disappearance of the ‘legislative model': Indonesian parliament's experience in response to Covid-19

ABSTRACT The argument that choosing a legislative model will strengthen Parliament's checks and balances in an emergency has not been proven in Indonesia. Due to the high president’s constitutional legislative power, combined with his coalition supported by a majority of parliamentarians in Covid-19 emergency, left parliament to serve much of the executive’s agenda. This paper compares the law-making process in the parliamentary period before and during the pandemic. Extreme partisan power will allow the executive to control the legislative agenda and weaken Parliament's legislative power under the pretext of the Covid-19 pandemic emergency. The ‘legislative model’ is no longer viable; instead, various laws have been passed, unrelated to Covid-19.

Sustainable supply chain finance through digital platforms: a pathway to green entrepreneurship

This paper studies the green new product development (GNPD) problem of a risk-averse capital constrained supply chain (SC). The SC is managed by an SME entrepreneur, seeking financial support from a multi-sided FinTech platform (MSP) to develop a portfolio of green and non-green products. The MSP offers the SC a combination of equity financing (EF) and debt financing (DF) facilities and must decide on the interest rate of its DF facility. Using a benchmark model, we first characterize the SC’s production and the MSP’s financing decisions under a deregulated scenario. Focusing on an alternative case with government intervention (i.e., hybrid environmental-green entrepreneurship policy), we next develop a three-level game theoretical model and sequentially characterize the decision-making behavior of government, MSP, and SC. The model outcomes are analyzed by considering the policy approach (i.e., economic influence vs. social welfare) and the platform’s risk attitude. The results reveal that, when coupled with an appropriate government intervention policy, a regulated scenario leads to a better outcome, particularly when the MSP is risk-neutral and strikes a right balance between the EF and DF. The win–win situation may not be realized when the MSP is risk-averse and the host government is merely focused on its economic influence. To successfully promote sustainable supply chain finance (SSCF) through digital platforms, policy makers are urged to leverage their legislative power and prioritize green entrepreneurship and social welfare over their financial maximization agenda.

Social Digital Capital as Hybrid Non-Material Capital: Theoretical Approaches and Practical Solutions in the Russian Context

The article analysed theoretical approaches towards understanding digital capital as a new form of non-material capital which becomes a key human resource in the context of digitalization of all spheres of public life. It investigated the dynamics of theoretical insights into the forms of non-material capital discussing such concepts as “information capital”, “information habitus”, etc. The study discussed the contribution of the French sociologist P. Bourdieu into the conceptualization of non-material capital. The results of the latest research into digital capital in both international and Russian academic discourse were analyzed. The article reviewed critical reflections on the opportunities for the empirical analysis of digital capital: digital capital index, "digital passport", etc. Formation of digital capital and its measurement model is analysed through the systematization of the empirical research in this area. We conducted a series of expert interviews conducted during summer and autumn of 2021 to demonstrate how the concept of digital capital is perceived by Russian media researchers, educators, journalists, and representatives of the legislative power of the Russian Federation. Thematic analysis of the respondents' answers made it possible to identify the main sub-themes of digital capital in expert discourse: well-being of the individual, digital content, digital transformation, material resources, government, digital inequality, media education and media literacy. The article pointed to the importance of digital capital as a new hybrid meta capital in the professional and personal spheres of human life in the modern digital world, as well as to the role of the state in overcoming digital inequality and forming digital capital of citizens. We identified the issue of measuring digital capital given the rapid development of digital media communications and emergence of new services, platforms and technologies. The research provided some insights into such aspects of digital capital as safe functioning in the digital media communication environment and capacity to create and distribute digital content. The study discussed the specifics of measuring and constructing digital capital in the Russian Federation determined by the complexity of climatic, territorial and other characteristics.

THE NEW GOVERNMENT OF GERMANY AND GERMAN-RUSSIAN RELATIONS. UKRAINIAN FACTOR. PART 2

The recognition by the Russian Federation of the independence of the Donetsk and Lugansk People’s Republics, the following announcement by the President of the Russian Federation of a special military operation in connection with the situation in the Donbass in order to protect the citizens of the DPR and LPR, as well as the demilitarization and denazification of Ukraine, caused a sharp negative reaction from all political forces and strata of society in Germany. Its executive and legislative power has become the main protagonist of the five sanctions packages adopted by the European Union against the Russian Federation and which affected almost all areas of the national economic complex. A large-scale anti-Russian campaign was launched in the German media, actively supported by the Ukrainian leadership. This development of events marked the entry into a qualitatively new phase of relations between Germany and Russia. To predict such beginning of mid-February this year was impossible. Therefore, in the first part of our article, devoted to the Russian vector of the new governing coalition, relatively optimistic assessments were made. In the second part, the author examines this vector under new conditions, analyzes the most important anti-Russian steps and measures taken by the German cabinet of ministers and the Federal Chancellor. Particular attention is paid to the reaction of German business to the situation in Ukraine. The author evaluates their consequences for political and economic spheres of bilateral relations. In conclusion, a forecast of their further development is given. The third part of the article will analyze the consequences of the Ukraine crisis for science, education and culture.

Financing green technology development and role of digital platforms: Insourcing vs. outsourcing

This paper investigates the green technology development (GTD) problem of a capital-constrained manufacturing entrepreneur who seeks financial support from external and internal multi-sided platforms (MSPs). Following the government's environmental policies, MSPs (i.e., outsourcing and insourcing alternatives) determine their strategies and offer platform-driven solutions to the manufacturing entrepreneur pursuing green innovation. Using benchmark models, we first analyze decisions made by the manufacturing entrepreneur and the MSP under the deregulated scenarios. We then develop a three-level game-theoretical model and sequentially characterize the decision-making behavior of players under three platform power structures. The model outcomes are compared by considering the government's policymaking approach and platforms' power structure. Results reveal that, when coupled with appropriately designed trade-credit and revenue-sharing mechanisms and the government's innovation-based social welfare approach, the internal MSP system always outperforms the external alternative. Our study demonstrates that a win-win agreement among GTD players can only be achieved if the MSPs take the balance of power and remain committed to empowering the initiated sustainable ecosystem. In power struggle scenarios, however, GTD players prioritize the internal MSP over the external MSP. To fulfill the GTD goals, players are encouraged to use their structural and legislative power and adjust their strategies, investment decisions, and power preferences accordingly.

ADMINISTRATIVE AND MILITARY STRUCTURE OF THE STATE OF AMIR TEMUR. STATE MANAGEMENT

The article considers the state and military administration of the Timurid state. The key attention is paid to the transformations and reforms during the reign of Amir Temur. In the process of reforming his state system, the ruler was able to create a new administrative apparatus. The article also discusses the judicial and legislative power, the coverage of which is presented in the work "Temur's Code". An important place in the article is given to the consideration of military administration and hierarchy in the army of Amir Temur. The author emphasizes that Amir Temur was interested in the issues of centralization of power in the army and for this he limited the power of tribal leaders. The state built by Amir Temur, first of all, had to embody the best form of the political system. The relative stability of centralized power in Temur's empire made it possible to develop not only urban and agriculture, but also gave a great impetus to the development of crafts, trade, commodity-money relations, which were of exceptional importance for economic life.

『도헌』의 법률적 구성과 제도적 장치 연구

The purpose of this study is to analyze the ideological background, legal composition, and separation of powers contained within the institutional devices of The Dao Constitution based on the basic principles of the legal system, which would be embodied in The Constitution of the Republic of Korea. The ideological background of The Dao Constitution is that of the religion, Daesoon Jinrihoe. In Daesoon Jinrihoe, it is held that the Supreme God, Sangje, determined that Mutual Contention, the ruling pattern of the Former World, ran contrary to His divine will and this endangered the world as nature and humans had also fallen into Mutual Contention. As an act of divine intervention, Sangje established Mutual Beneficence so that nature and humanity could follow Mutual Beneficence as a paradigm shift culminating in a Great Opening of the universe. Sangje, the agent behind the paradigm shift, revealed His divine will that humans transform into mutually beneficent humans. Therefore, The Dao Constitution was written to be a set of fundamental norms based on the ‘rights and obligations of the members of Daesoon Jinrihoe’ to accept and implement the will of Sangje as it applies to each member’s mission. The legal composition of The Dao Constitution consists of the body and supplementary provisions. The text consists of general rules, moral rights and obligations, origins, and institutional devices. Institutional devices include the Central Council, the Institute of Propagation and Edition, the Institute of Religious Services, Works, Financial Management, and the Institute of Audit and Inspection. The legal composition of The Dao Constitution is similar to that of the Constitution. The difference is that while the Constitution applies a ‘principle of maximum rights and minimum obligations,’ The Dao Constitution stipulates more obligations than rights in order to complete the mission of the members. The principle of separation of powers is applied to the institutional devices in The Dao Constitution. In The Dao Constitution, the organizational form of the central headquarters has been divided into a ‘before and after’ scheme surrounding the death of Dojeon. The organizational form of the central headquarters prior to Dojeon’s death was similar to a Constitutional Monarchy. After the death of Dojeon, the central headquarters’ organizational form became similar to a parliamentary cabinet system. The separation of powers at central headquarters is divided among a legislative power (the Central Council), an executive power (the Institute of Religious Services), and a judicial power (the Institute of Audit and Inspection). The separation of powers within the functions of the central government first occurs between the Central Council and its employees, then between the Central Council and the Institute of Auditing and Inspection, and also between the Legislative Government and the Institute of Religious Services. Furthermore, the principle of a vertical separation of powers exists between the central headquarters and the local organization.

Determining the “Core of Indianness:” A Feminist Political Economy of NIL/TU,O v. BCGEU

In light of Bill C-92, which establishes a framework for delegating child and family service provision to Indigenous communities, this article addresses the contested regulation of employment and labour relations in Indigenous social service workplaces. It approaches this subject by looking back at NIL/TU,O Child and Family Services Society v. B.C. Government and Service Employees’ Union, a case in which employees at a First Nations child and family services provider attempted to unionize. NIL/TU,O set in motion a legal battle over the jurisdiction of Indigenous labour relations that ultimately reached the Supreme Court of Canada in 2010. The SCC’s determined that the labours of the Indigenous workers at NIȽ TU,O Child and Family Services are a matter of provincial jurisdiction because they fall outside of the “core of Indianness,“ a contested legal concept used to designate federal legislative power over First Nations peoples. Using Indigenous feminisms and a feminist political economy approach, we argue that this decision rests on gendered appraisals – and, indeed, obfuscations – of social reproduction labour. Bill C-92 necessitates revisiting the case history in NIL/TU,O because of the ways in which it seems to conflict with the new Act. We suggest that the uncertainty surrounding jurisdiction over Indigenous labour has the dual potential of, on the one hand, being used strategically for exploitative or dis-possessive purposes, or, on the other hand, taken up as a opening for increased self-determination by Indigenous peoples.

Administrative and legal security of public information services in the activities of bodies of legislative and judicial power

The subject of the investigation is devoted to the problems of administrative and legal security of public information services. The main content characterized the essence of the security of public information services as a constituent element of the national security mechanism; in addition, a retrospective analysis of this notion was carried out and the current state of the normative regulation of its use was established. It is argued that the regulatory framework to guarantee the security of public information services is a distributed set of legislative and normative acts, whose current state requires the active promotion of processes of systematization of legislation to achieve the desired level of efficiency in the implementation of the right to information. Methodologically, a review of materials and methods based on the analysis of documents of the activities of the authorities in the field of security of public information services was carried out. By way of conclusion, se found that an official regulatory act "On Public Information Services" is required, in which the principles of operation of public administration bodies and their conceptual and systemic interaction must be enshrined.

Providing Opinions: State Attorneys General and State Constitutions

Abstract Federalism scholars have increasingly recognized the impact of state attorneys general in national politics. State attorneys general also are in a unique position to contribute to the development and application of state law through their advisory opinion duties. I examine advisory opinion activity on state constitutional questions across all states for 2016–2018 in the context of legal, institutional, and political explanations developed in studies of attorney general behavior and judicial decision-making. Most opinions addressed issues of finance, legislative power or local power and were most often issued to state legislators and local officials. Republican attorneys general in Southern states with similar political cultures were most active issuing opinions, with significant party collaboration between requesters and attorneys general.