Theory Of Popular Sovereignty Research Articles

Habermas, Popular Sovereignty, and the Legitimacy of Law

Habermas’ theory of popular sovereignty has received comparatively little sustained critical attention in the Anglo-American literature since initial responses to Between Facts and Norms. In light of subsequent work on group agency, this paper argues that Habermas’ reconstruction of popular sovereignty—in its denial of the normative force of collective citizen action—is best understood as a renunciation of the doctrine. The paper is structured in three sections. Section 1 examines Habermas’ treatment of popular sovereignty prior to Between Facts and Norms as both (i) a principle of constitutional legitimacy or normative justification for the modern Rechtsstaat and (ii) a concept of legitimation for the rule of the ascendant liberal bourgeoisie. Section 2 then argues that Habermas’ reconstruction of popular sovereignty in Between Facts and Norms, by discounting the role of collective citizen agency in the justification of the modern constitutional state, empties the doctrine of its core normative content. The final section briefly elaborates on this claim by reference to Habermas’ theory of the public sphere.

MENGGUGAT PENUNJUKKAN PENJABAT (Pj) KEPALA DAERAH TANPA PEMILIHAN:

This study explains the question of what are the implications of appointing acting regional heads for the principles of democracy in Indonesia? To explain this problem, the study uses the theory of popular sovereignty as one of the main principles in democracy. This research uses the method used in writing this study is library research which contains ideas and concepts that are substantial with research problems. The results of the study show that the appointment of acting Regional Heads returns the centralization of power to the central government by ignoring the principle of popular sovereignty as the essence of democracy. Concretely, the appointment of acting Regional Heads raises three forms of setbacks in democracy, namely, the return to centralization of power in the hands of the central government, the erosion of people's participation, the justification for abolishing regional elections, and the decline of the essence of people's sovereignty. This appointment mechanism certainly provides political advantages for the government and its supporters for the benefit of 2024, both in elections and regional elections. This condition increasingly provides an opportunity for the central government to control the process of implementing the 2024 elections and local elections.

Ukraine’s Way to a Consolidated Democracy: Issues, Prospects and International Experience

The article is devoted to current issues of democratic progress of Ukraine within the framework of the constitu-tional and legal provision of direct government by the people. Some aspects of the civil society formation are also considered. The reasons which do not allow Ukraine to be identified as a consolidated democracy in the light of international experience have been analyzed.The article analyzes the difficulties faced by Ukraine in the process of democratic transformation. Democratic state is a state based on the theory of popular sovereignty and the recognition of the people as the only source of power, the consistent guarantee of human and civil rights and freedoms, ensuring their equality, real participation in the management of the affairs of society and the state.Despite the existence of formal institutions of democracy and government by the people, the Ukrainian democ-racy shouldn’t be overestimated, paying particular attention to the essential aspects. Ukraine cannot be considered as consolidated democracy for all indicators. Democratic progress is considered slow, as corruption and a limited field of public initiative stand in the way.Currently, the problem of ensuring a genuine effect for the decisions of the all-Ukrainian referendum is an overdue issue. It is urgent to solve another problem in the sphere of direct democracy, namely the legislative settlement of the issue of local referendums, which have been actually impossible for the last eight and a half years. The adoption of this law is of paramount importance to our society – it can reduce social tensions and change the protest area – from ineffective demonstrations to productive and constructive voting.In terms of sustainable, consolidated democracies, Ukraine still remains an electoral, that is, unstable country. And for its final establishment, transformation into a consolidated one a great amount of time is still needed.

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.

Resultan Sistem Pemilu dan Sistem Pemerintahan terhadap Pelaksanaan Demokrasi di Indonesia

Problems related to the resultant electoral system and the government system are the focus of the discussion in this study. Types of electoral systems, as well as types of governmental systems are discussed to be able to be a study of the use of electoral systems and government systems. The purpose of discussing this problem is to analyze the electoral system and the government system that are compatible with the implementation of democracy in Indonesia. This research is discussed through normative analysis, and through qualitative methods. The results of the qualitative normative analysis can be seen as follows: First, the results of the analysis show that there is a resultant between the electoral system towards the implementation of democracy in Indonesia as seen from the theory of the people's unity and the representative system. The consultant becomes strong if the general election system used is a purely open proportional electoral system, namely the voter as the supreme sovereignty constitution, can know with certainty who the candidate is and will help determine who is the people's representative. Second, there is a result between the government system and the implementation of democracy, the theory of popular sovereignty and the system of representation. Parliamentary and presidential government systems have their own weak points and strengths. However, the presidential system applied in democratic countries in Indonesia is better, because it tends to be more stable in its accountability. Placing the highest sovereignty as the only party that accepts the responsibility of those who have been elected to the executive and parliamentary institutions. The concept developed is a system of political representation, not as a system of partisan representation .
 
 Keywords: Resultan, District System, Proporsional System, Presidensiil, Parlementary

The Development of Politics of National Defense Law in Safeguarding Indonesia's Sovereignty in the Era of Globalization

The purpose of this study is to find out how the development of legal politics in the field of national defense since the reform era to the era of globalization. This type of research is normative legal research. This normative legal research is also known as doctrinal law research, using several theories, namely the political theory of law, the theory of popular sovereignty, the theory of authority, the theory of participation, the theory of national resilience. To sharpen the analysis, the writer uses the conceptual framework of the form of the state, the system of government and the concept of national defense. The results showed that the political law of the defense sector after the reform was placed on the concept of civil supremacy, which is based on the 1945 Constitution of the Republic of Indonesia NRI after the amendment pivots to the president as presidential power holder balanced with the role of parliament as a representation of people's sovereignty. President Joko Widodo has actively formulated a number of policies that are derived from the Defense Law, which became his duties and authorities by issuing a number of Government Regulations and Presidential Regulations related to various defense issues that began with Presidential Regulation 97/2015 on the general policy of national defense in 2015- 2019. The Presidential Regulation that has received sufficient public attention is Presidential Regulation 37 of 2019 concerning the functional position of the Indonesian National Army (TNI). This Perpres implements the provisions of article 31 of Government Regulation No. 39 of 2010 concerning the Administration of the Indonesian Armed Forces, which incidentally is the Government Regulation of the President Susilo Bambang Yudhoyono era. Thus in this case there is continuity of maintained political politics. Keywords: legal politics, national defense, sovereignty, the Indonesian National Army (TNI). DOI : 10.7176/JLPG/91-20 Publication date : November 30th 2019

Juridical review on recruitment of foreign workers

Manpower development is an integral part of national development based on Pancasila and the 1945 Constitution, which is implemented through the development of a reliable Indonesian workers for the realization of a prosperous Indonesian society. Manpower development must be fairly regulated so as to provide comprehensive protection for Indonesian workers. On March 26, 2018 President Jokowi signed the Presidential Regulation No. 20 of 2018 concerning Use of Foreign Workers, this regulation is considered to harm Indonesian workers. This research use a normative method and juridical approach with Theory of Popular Sovereignty by John Locke. Normative legal research is a research that discusses the legal aspect, by conducting library research in terms of comparative law or legal history oriented to the applicable laws and regulations. Based on Theory of Popular Sovereignty, Presidential Regulation 20 of 2018 contradictory to the Manpower Act especially about the Plan of Use of Foreign Workers. Even the regulation does not pay attention to the interests of the people to get a job and only prioritize the entry of investment to Indonesia.

“Gods Would Be Needed to Give Men Laws”: Rousseau on the Modern Republican Legislator

Rousseau's account of the legislator of “superior intelligence” in Book II of On the Social Contract is often viewed as one of the most inegalitarian and undemocratic features of his entire political theory. I argue that, on the contrary, his treatment of the legislator is a central element of Rousseau's effort to construct a viable theory of popular sovereignty in modernity. I focus on two main aspects of Rousseau's legislator account. First, I demonstrate how Rousseau attempted to establish a popular normative foundation for his legislator to, in effect, democratize the more traditional notion of political founding and statesmanship associated with his predecessor Montesquieu. Second, I argue that Rousseau presents the legislator as an agent for future change in the relation of politics and religion, especially for the establishment of civil religions that promote tolerance and social peace. Rousseau's legislator thus embodies democratic principles of legitimacy for a modern republican founding narrative designed for post-feudal, secular Europe.

Anti-Machiavellism as constitutionalism: Hermann Conring's commentary on Machiavelli's The Prince

In his Animadversiones on Machiavelli's The Prince (1661), Hermann Conring, one of the most famous of the early modern German professors of politics, further developed the constitutional reading of Machiavelli's The Prince, following in the footsteps of Bodin and the German political theorists of the previous generation such as Arnisaeus, Contzen, and Besold. For Conring, Machiavelli's exaggerated analysis of tyranny and his heavy emphasis on popular liberty offered not so much a realist political science but a dangerous prelude to the monarchomachic theory of popular sovereignty and a fatalistic concession to sin. Conring, a committed Aristotelian with Arminian sympathies, preferred a more empirical constitutional analysis (and a theory of the state) which did not favor any particular faction of the state (i.e. the people over the nobility) as the unique source of stability or instability and which explained the necessity for wickedness as the result of poor constitutional design rather than a realistic view of human nature and fate.

The "Globalized Judiciary" and the Rule of Law

This paper argues, that, while not new in the strictest sense, the contemporary transnational turn in American law reflected in the U.S. Supreme Court's citation to foreign agreements, practices, and opinions in its recent affirmative action cases is distinctive in being part of a broad-ranging, highly politicized, reformist, intellectual movement. That movement, which is defined by its diverse commitments to a particular form of universal morality and foreign policy integration, in a turn that is novel, is currently striving to alter the domestic policies and constitutional understanding of the United States through the construction of a transnational, professionalized, global judiciary. The efforts to reform domestic policy through the construction of a quasi-autonomous, globalized judiciary, I contend, raises series rule of law problems within an American constitutional tradition premised on a theory of popular sovereignty. World events and popular constitutional resistance, however, may ultimately halt this trend.

Against Rousseau: "On the state of nature" and "On the sovereignty of the people"

On the State of Nature and On the Sovereignty of the People are Maistre's most comprehensive treatment of Rousseau's ideas and his most sustained critique of the ideological foundations of the revolution. On the State of Nature, a detailed critique of Rousseau's Discourse on the Origin and Foundations of Inequality, focuses on Rousseau's belief in the natural goodness of man; On the Sovereignty of the People, a critique of Social Contract, explores Rousseau's theory of popular sovereignty. In Maistre's eyes Rousseau encouraged the socially destructive individualism that lay at the heart of the French Revolution. However, the essays reveal some surprising ambiguities in the relationship between two seminal thinkers who are usually thought of as polar opposites, suggesting that Maistre's vision was more akin to Rousseau's than he would have admitted. Against Rousseau offers valuable insights into the evolution of Maistre's counter-revolutionary ideas during the crucial years of 1792-97 and illustrates his remarkable insights into society and politics. It is vital to any consideration of his thought or the counter-revolutionary movement in eighteenth-century France.

Defining “the enemy” in revolutionary America: From the rhetoric of protest to the rhetoric of war

During the Stamp Act crisis, colonial protest leaders relied upon a tradition of legitimate, extralegal coercion to justify mob actions against stamp distributors. As the conflict between Britain and its colonies escalated, however, whig leaders broadened their definition of “the enemy” to include a variety of fellow colonists, making it more difficult to justify coercion and violence on traditional grounds. Following the outbreak of war, radical whigs justified the suppression of all remaining dissent with appeals, not to tradition, but to a revolutionary theory of popular sovereignty. This change marked a key rhetorical “moment” in the coming of the Revolution, but its legacy also threatened the political stability of the new American Republic.

Benjamin Constant's Philosophy of Liberalism: A Study in Politics and Religion

This first work in English to focus on Constant as a political theorist shows that his thinking was molded by the French Revolution of 1789 and by Napoleon's regime. Constant is identified as the first to recognize Bonapartism as a new form of despotism, arising from the theory of popular sovereignty, which is still the basis for modern Fascist and Communist regimes. His political thought is analyzed within the framework of his philosophy of history, law, ethics, and religion.Originally published in 1980.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.