Republican Form Of Government Research Articles

Reconceptualizing American Democracy: The First Principles

An outstanding group of leaders left evidence that a richer and more sustainable democracy could be achieved with American independence and democratic principles integrated into a new republican form of government. They were moved by principles that are the very spirit of democracy. These principles are needed to enhance democracy and improve well-being. Using the constructivist tradition of grounded theory and Aristotle’s conception of abstraction, the article proposes a theory of the first principles of democracy based on substantive data: the Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. Knowledge, fairness, human dignity, hope, unity, and security are the first principles of democracy and are regarded as the bedrock of democracy and a government framework for the people. This theory contributed to a formal model of democratic social change. It also contributes a conceptual framework that supports Solum’s semantic originalism, a theory of constitutional interpretation. The principles of democracy can revitalize democracy and provide new possibilities by protecting education as an innate human right, abolishing capital punishment, criminalizing private prisons on the stock market, and reevaluating the proportionality of prison sentences.

Finally Statehood! Utah's Struggles, 1849–1896

Finally Statehood! Utah's Struggles, 1849–1896

THE ANTI-OLIGARCHY POPULAR CONSTITUTION

THE ANTI-OLIGARCHY POPULAR CONSTITUTION

Activity of the Admiral A. Pokrovskyi in the Development of the Ukrainian Fleet in Crimea and in Southern Ukraine in 1917—1918 (To the 160th Anniversary of the Birth)

In the article, the power of the formation and development of the Ukrainian military-naval forces near Crimea and in the South of Ukraine (1917–1918) at the duty of Admiral of the Ukrainian State Andriy Georgiyovich Pokrovskyi (1862–1944) is shown. Great attention is paid to the significant contribution of A. Pokrovskyi in the times of the Ukrainian Central Rada (UCR) and the Hetmanate of P. Skoropadskyi to the organization of the national Ukrainian fleet. It is noted that Vice-Admiral of the former Russian Empire A. Pokrovskyi became one of the highest representatives of the fleet team, who actively supported the process of Ukrainian state-building. He actively denied the attempts of the Central Rada to implement the idea of voluntary service in the fleet and believed that the fate of the young state should be decided not by political slogans, but by the force of arms. This was especially evident during hetman's rule, when A. Pokrovsky, being the commander of the Black Sea Fleet and the Minister of Marine Affairs, managed to restore a full-fledged Ukrainian naval fleet on the Black Sea.It was stated that after the victory of the anti-Hetman rebellion, A. Pokrovskyi did not accept the new republican form of government and left the Ukrainian military movement. It is noted that in the current conditions of full-scale aggression of Putin's Russia against Ukraine, the experience of our predecessors in organizing national-state and military life will help preserve the state-building traditions of our people and serve to strengthen the self-awareness of the servicemen of all Ukrainian armed forces.

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.

Борьба за конституционализм как предмет исследования социальной философии и политологии

Constitutionalism in this study is understood as a system of social relations that offer the domination of society over the state apparatus and the supremacy of human rights and freedoms. These social relations are based on a democratic political regime, a republican form of government, decentralization of state power, separation of powers and the legal nature of the state Under the struggle for constitutionalism is understood the transition from the pre-constitutional system to the constitutional one. To study this transition, it is proposed to turn to the philosophy of dialectics and materialism, to the theories of evolution, progress, modernization, socio-economic formations, transitology, and innovation. When studying the forms of transition, it is proposed to use the theories of reforms and revolutions.

Constitution Formulation and Amendment in Indonesian and American Legal System: A Comparative Study

The purpose of this study is to find out the comparison of constitutional law in Indonesia and the United States in terms of the development of the constitution and the mechanism for changing the constitution (UUD). The method used in this research is in the form of legal research. The type of research used for this approach is normative legal research. As in the United States constitution, Article V regulates how to amend the constitution. Meanwhile, in Indonesia, the mechanism for this change is regulated in Article 37 of the 1945 Constitution (UUD). The United States and Indonesia are countries that have adopted a presidential system of government with a republican form of government. In addition, the state institution authorized to make changes to the constitution of each country is the legislature. If in the United States the one who can amend the Constitution is the Congress consisting of the House of Representatives and the Senate, then in Indonesia the authority to make changes to the Constitution is the MPR, which includes the DPR and DPD. Then, the form of the constitution used by the two countries is the same as the Written Constitution. The existence of the United States Constitution is actually an effort to realize the principles stated in a Declaration of Independence (1776). The Declaration is based on French philosophical and English Enlightenment schools. The main purpose of the United States constitution is to guarantee the rights of the states.

Short History of the so-called Kossuth Coat of Arms after 1945

One of the historical forms of the Hungarian coat of arms called the ‘Kossuth coat of arms’ raises a number of questions. Perhaps the most important is the complex problem of the relationship between this symbol and the republican form of government. This coat of arms was named after Lajos Kossuth, who was the Governor-President of Hungary after the dethronement of the House of Habsburg-Lorraine (14 April 1849). Despite of the use of crownless coats of arms by the Hungarian leadership after April 1849, the change of form of government was not proclaimed. After the Second World War, the ‘republican’ interpretation of the crownless coat of arms became widespread. Hungary officially became a republic on 1 February 1946, but there was no coat of arms regulation. Zoltán Tildy, who was President of the Republic of Hungary, started to use the so-called Kossuth coat of arms. Over time, this practice became customary. After the total establishment of communist power, a new constitution was adopted, which included a new coat of arms. This symbol, however, marked a break with the Hungarian traditions.

Российская государственность в 1917 году: смена парадигмы развития (к 105-летию Февральской революции в России)

The article examines the most problematic and interesting, from the author’s point of view, events and facts that had a cardinal impact on the development of Russian statehood in the period between the February and October revolutions of 1917. The relevance of the study of these problems is primarily due to the growing interest of researchers in the events of 1917 in Russia as a turning point in national history, as well as the understanding of possible alternatives to the development of the state and legal system of the Russian state at various stages of its existence. Based on the analysis of the complex of sources, the following conclusions are made: 1) the events of the February Revolution profoundly affected the course of development of the national statehood; 2) the republican form of government in Russia in 1917 turned out to be quite a promising innovation, however, the government found complete helplessness in solving pressing issues; 3) the reforms carried out by the Provisional Government in March – October 1917, for the most part remained declarative and were never implemented; 4) the construction of bourgeois republican statehood was not completed due to the October Revolution of 1917 and the overthrow of the Provisional Government. At the same time, the very attempt to build a bourgeois-democratic statehood in the spring and autumn of 1917 had a huge moral and symbolic significance. It was a kind of precedent in the domestic state-legal practice and laid a solid foundation for the formation of democracy and parliamentarism in modern Russia.

ОБЗОР ОРГАНИЗАЦИОННО-ИНФОРМАЦИОННОГО И МАТЕРИАЛЬНО-ТЕХНИЧЕСКОГО ОБЕСПЕЧЕНИЯ ДЕЯТЕЛЬНОСТИ ПАРЛАМЕНТОВ ВЕЛИКОБРИТАНИИ И КАНАДЫ

In countries around the world, legislative power is exercised in various forms. In particular, in democratic countries with a republican form of government, legislative power is exercised by parliament. The article provides a scientific analysis of important issues related to the organizational, informational and logistical support of the parliaments of developed countries, in particular Great Britain and Canada. In addition, the article provides scientifically substantiated information about the structure of the parliaments of Great Britain and Canada, the procedure for their activities.

The form of state in the historical and legal research of the Soviet period

The subject of the article is the application of the concept of the form of state in the Soviet historical and legal science.The purpose of the research is to confirm or disprove the hypothesis that the understanding of the form of the state in the Soviet history of law was not discrete, it changed under the influence of political transformations and had a significant impact on the modern theory of the state.The methodology. The method of periodization was used to highlight the Soviet period of historical and legal science, the chronological method was used to determine the upper and lower boundaries of the Soviet period. The narrative method made it possible to describe the historiographic process. The historical-comparative method was required to compare individual concepts.Results, scope of application. The concept of the form of the state that was used in the historical and legal science of the Soviet period has been determined. The form of the state in Soviet science included two elements initially: the form of government and the form of statehood. The third element has been added since the 1960s – the political regime. The institutionalization of the history of state and law as a science took place by the end of the 1940s. While historians of the old school were working, the main topics included the early stages of the development of the state. Then after the change of generations the priority place was taken by the problems of the Soviet state. By the end of the Soviet period a more harmonious allocation of topics had developed. In Soviet historical and legal science the form of the state of the pre-revolutionary and Soviet periods was considered separately. The form of government of the Russian state in the pre-revolutionary period was defined as a monarchy. Several types of monarchy were distinguished: early feudal, estate-representative, absolute. The republican form of government was recognized for the Soviet state. Its class and social essence changed with the development of socialism. Organizational forms changed accordingly. When studying the polity, the main attention was paid to the federation. Its complex origin was noted, because the Russian Federation (RSFSR) was part of the federation of the USSR. The Soviet federations were built according to the nationalterritorial principle. The issue of the constituent entities of the Russian Federation remained debatable. Most researchers considered the RSFSR a state with autonomous entities. The development of the territory of the state as a whole has hardly been studied. Major administrative-territorial reforms carried out in the 1920s-1930s were considered in isolation from national-territorial construction. Generalized works on the territorial development of the state appeared only at the end of the Soviet period. Issues of the political regime of the feudal and bourgeois state were addressed in the study of direct democracy in the ancient Russian state, estate representative bodies, state power during the period of absolutism. Political liberalization was noted during the bourgeois reforms of the second half of the 19th – early 20th centuries. The democratic nature of the Soviet political regime was not questioned, therefore, the problems indicating trouble, crisis phenomena in the Soviet state were not identified.Conclusions. The understanding of elements of form of the state in the Soviet history of law was expanding. It changed in accordance with the changes in the Soviet governance. The main approaches to understanding the form of the state are accepted by contemporary Russian science.

La Suiza de América: Direct democracy, anti-presidentialism, and constitutional entrenchment in Uruguay’s Constitution of 1918

Abstract In Latin America, the drafters of early nineteenth-century constitutions were skeptical of implementing republican forms of government. At the turn of the twentieth century, Uruguay became an exception by bucking this legacy. Under the Swiss-educated reformist José Batlle y Ordóñez (1856–1929), the groundwork was laid for a new constitution that would bring about a secular democratic republic. Indeed, the 1918 Constitution replaced a conservative and centralist constitutional system with a plural executive and a regime of participatory democracy. This article advances a new interpretation of Batllista Uruguay’s distinctive institutions and argues that, despite the 1918 Constitution’s brief endurance, Uruguay’s distinctly republican form of democracy has proven to be an effective mechanism for constitutional entrenchment by virtue of its having helped to create popular support for the rule of law and institutional stability.

Трансформация духовно-нравственных исканий общества (от премодерна к постмодерну) и ее влияние на государственно-правовые институты

The article analyzes the dynamics of the development of spiritual and moral searches of society in historical retrospect, including identifying current trends and evaluating the transformation of religiosity in the current period under the influence of postmodern ideas. Correlations between changes in fundamental paradigms and changes in the ideological foundations of the functioning of state and legal institutions are revealed. It is determined that each of the four types of society — archaic, traditional, industrial and post-industrial (informational) — has its own specific forms of religiosity that determine the worldview and directly affect the social (state) system. Thus, the early forms of religious beliefs of an archaic society did not create prerequisites for the emergence of a social hierarchy, and, consequently, statehood (which is confirmed by the social practice of preserved archaic societies of our time). The archaic society is gradually replaced by the traditional one, hierarchy, social inequality, Patriarchy appear, political Genesis is carried out, and power is legitimized through religious institutions. It is in traditional societies that polytheism is replaced by monotheism, which promotes (and is used for this purpose as a state ideology) the strengthening of statehood. The state-legal institutions of traditional societies have no alternative but to be sacred. The main form of government of the state is monarchy (theocratic or clerical). The transition to modernity takes place under the slogan of desacralization and rationalization, in the ideological field this is manifested in the formation of “quasi-religions” or secular “religions”: Nazism, communism, liberalism (these ideologies replace God in the public consciousness, Absolute (Ultimate) reality — the ultimate reality, while preserving certain features of the religious: ritual, dogmas, symbolism, meaning-making, mythological, etc.). These ideologies determine the global transformation of the geopolitical picture of the world in the XIX—XX centuries. There is the overthrow of the monarchy (or the transition to parliamentary forms of monarchies), the collapse of empires, the establishment of the Republican form of government as the dominant one, with the choice of the appropriate ideology as the basis for state-legal construction. Spiritual search in modern societies was pushed out of public discourse into the area of personal choice. By the end of the XX — beginning of the XXI century, the West begins processes that can be described as the beginning of the transition from modern to postmodern. The transformation of society’s religiosity is characterized by contradictory trends — the emergence of «hyperreal religions» (parody religions, Internet religions, alternative (non-traditional) religious movements), a return to archaic beliefs (neo-paganism), and the activation of fundamentalism. In the context of globalization and legal integration, these processes directly affect other countries (paradigmally still at the stage of modernity and even pre-modernity), which causes civilizational conflicts and destabilizes international relations. Taking these trends into account, as well as understanding the paradigmatic heterogeneity of both the world as a whole and Russian society, is necessary in the implementation of law-making and management activities, domestic and foreign policy.
 Acknowledgments: The reported study was funded by RFBR, project number 20-011-31235 “Non-traditio­nal religiosity as a form of social activity in the postmo­dern era”.

Federalism as a principle of organization and activity of executive authorities in the russian federation: socio-economic and legal analysis

This article analyzes the most important principle of organization and activity of executive authorities in the Russian Federation - federalism. Russia is a federal democratic state with a republican form of government. In this regard, the authors have developed and justified proposals for implementing the principle of federalism in the organization and operation of the system of executive authorities.

"Monarchists" and "Republicans" in the Western European Political and Legal Thought of the 17th Century

The paper is devoted to the problem of theoretical approaches to monarchical and republican forms of government that were reflected in the works of representatives of Western European political thought of the 17th century. The seventeenth century is the century that opens the period of Modern Times. It was a turning point not only in the history of Western European civilization, but also in the history of philosophical knowledge and "positive" sciences, including in such a specific field as political thought, which developed at the intersection of philosophy and science. The political theory of the period, was able to rise to the realization of the objective of the imperfection of existing political institutions and give its recommendations for addressing the identified deficiencies, as far as it was possible in terms of initial imperfections is given to us in sensations of the world. The political thought of the historical period under consideration showed a lively theoretical polemic between the supporters of the monarchical and republican forms of government. The revolutionary situation developed in some of the advanced European states during the alarming seventeenth century made it possible to understand the advantages or disadvantages of the existing forms of government. It seems quite natural that the formation of the theoretical views of specific political thinkers or jurists was formed under the influence of the dominant ideology (or competing ideologies) of that time. Moreover, it should be noted that the monarchist or republican views of specific authors are not always theoretically well-reasoned, but are often based on the subjective preferences of thinkers. Thus, this paper highlights a rather ambiguous problem of the features of monarchical and republican forms of government in the political thought of the 17th century.

Конституционно-правовые основы федерализма и характеристика федерации ОАЭ

The article characterizes peculiarities of application of the origins of federative organization of state in the United Arab Emirates combining the traits of monarchical and republican forms of government.

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).

Президент и исполнительная власть: анализ моделей соотношения институтов

<p>Historia rozwoju republikańskiej formy rządów cechuje się nieustannymi poszukiwaniami optymalnej strukturalnej i funkcjonalnej relacji pomiędzy prezydentem a władzą wykonawczą. Głowa państwa zachowała przy sobie władzę wykonawczą jeszcze z czasów, kiedy dopiero zaczynało się rozdzielanie władzy. To tłumaczy fakt, dlaczego zawsze pewną część władzy prezydenta można identyfikować lub wiązać z władzą wykonawczą. Jednocześnie sposób kompetencjonalnego i funkcjonalnego połączenia władzy prezydenta z władzą wykonawczą w republikańskich formach rządów wykazuje istotne i zasadnicze różnice. Współcześnie pytanie o relacje prezydenta z władzą wykonawczą pozostaje przedmiotem dyskusji naukowej. Jeżeli w prezydenckiej formie rządów prezydent jest głową władzy wykonawczej, to w republice parlamentarnej jest on maksymalnie od niej zdystansowany. W mieszanej republice prezydent zajmuje pośrednie miejsce pomiędzy tymi dwiema skrajnymi pozycjami. W tej formie rządów prezydent jest istotnie zintegrowany funkcjonalnie z władzą wykonawczą, jednak nie jest jej jednostką strukturalną. Analiza wad funkcjonalnych prezydenckiej i parlamentarnej republikańskiej formy rządów zezwala na wyciągnięcie wniosku, iż organizacja władzy państwowej w mieszanej republikańskiej formie rządów zapewnia optymalną relację pomiędzy prezydentem i władzą wykonawczą. Korzyści republiki mieszanej w stosunku do klasycznych republik w wyżej wspomnianym aspekcie są następujące: jej zdolność zabezpieczania pełnoprawnej realizacji potencjału funkcjonalnego instytucji prezydenta, połączenie efektywności władzy wykonawczej z jej parlamentarną odpowiedzialnością, zapobieganie możliwości skupienia się władzy wykonawczej w rękach jednego podmiotu panującego – prezydenta lub premiera.</p>

Investigating Crimes of Extremism

Introduction: extremism in the Russian Federation is opposed by the principle of ideological and political diversity, which determines the democratic principles of Russia, since it is a federal, legal, social state with a Republican form of government. The democratic type of this state expresses the idea of recognizing a multiethnic people as the source of power within the entire territory of the Russian Federation (Part 1 of Article 3 of the Constitution of the Russian Federation), in which the individual ideologies cannot be established as state or mandatory for its citizens. This is due to the creation of a balanced social and national consent, since the national interests of Russia represent the totality of the main interests of the individual, society and the state. The legislator prohibits the functioning of public associations whose efforts are caused by a violent change in the constitutional order and violation of its territorial unity, related to an attack on public security, since they are caused by the criminal liability of persons for committing crimes related to terrorism, separatism and extremism. The purpose of the study: to develop recommendations for improving the efficiency of the investigation of extremist crimes, implementing measures to tighten the criminal law policy, and enhancing the international and domestic cooperation of the investigative subjects aimed at preventing and further minimizing of the consequences of extremism. The research objectives: to characterize the features of pre-trial proceedings during the investigation of crimes of extremism; to offer recommendations for improving the efficiency of investigations of extremist crimes. Methods: the methodological framework for this research is a number of methods of scientific knowledge, as well as such general scientific research methods as dialectical, logical, system, structural and functional ones; including such specific scientific methods as comparative law and formal legal, and others. Results: in the paper, the authors determine that when investigating a crime of extremism, the main task is to determine whether the suspects have actions to incite hatred or enmity, as well as to humiliate human dignity on the grounds of gender, race, nationality, language, origin, attitude to religion or belonging to a social group. To solve these tasks, the searches and seizures are made in homes, the telephone and other conversations are monitored and recorded, the information about connections between subscribers and subscriber devices is obtained, the correspondence is seized, and its inspection and seizure in the communication institutions are allowed which is aimed at collecting, checking and evaluating the existing evidence of extremist activity. Conclusions: the measures to improve the effectiveness of crime investigation have been identified: the placing of extremist crimes under the jurisdiction of the Investigative Committee of the Russian Federation and the Federal Security Service of the Russian Federation; the interaction at the interstate level of the investigators of the Russian Federation with the investigators of foreign states on the issues of legal assistance, on requests in connection with the ongoing investigations and measures to overcome counteraction to the investigation of extremist crimes.

The question of universal suffrage in Hungary after the First World War, 1918–19

ABSTRACT The fall of the Austro-Hungarian monarchy in 1918 resulted in the collapse of the historic Hungarian kingdom. As the result of the revolution of October 1918, a republican form of government was proclaimed on 16 November 1918 that functioned until the Bolshevik coup of 21 March 1919. An undisputed result of this era was the declaration of universal suffrage. Count Mihály Károlyi, the leader of the republic, introduced universal suffrage via a regulation called ‘The People’s Act’. Elections could not be held, due to the coup of the communists. When the ‘Soviet Republic’ also collapsed on 1 August 1919, the new conservative leaders decided to lead Hungary back to its old monarchic constitution. The parliament that had been dissolved in 1918 could not be reinstated. With the consent of the occupying forces, Prime Minister István Friedrich issued a decree on 17 November 1919. This decree basically retained Károlyi’s ‘People’s Act’ in effect, with some minor modifications. The Entente accepted this solution in order to negotiate the peace terms with a democratically elected Hungarian government. Elections could be therefore be held on 25–26 January 1920 based on a democratic suffrage.