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Journal articles on the topic 'Relationship executive-legislature'
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1
Omara, Andy. "The Indonesian Constitutional Court and the Democratic Institutions in Judicial Review." Constitutional Review 3, no. 2 (August 21, 2018): 189. http://dx.doi.org/10.31078/consrev323.
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This paper focuses on the relationship between the Indonesian Constitutional Court, the legislature, and the executive in judicial review. It aims to explain the Court strategies in deciding judicial review cases related to the right to work in relation with the executive and the legislature. It appears that while constitutionally the Court is granted with a strong form of judicial review (as reflected in the finality of its decisions), it also employed other approaches in deciding cases related to the right to work. These approaches include the declaration of incompatibility, conditional decision, and the invalidation of a statute in its entirety. This paper argues that Katharine G. Young’s typology of judicial review is quite helpful as an interpretive tool to understand the Court approaches when it decided cases related the right to work. The use of various approaches by the Court affected the relationship between the Court, the executive, and the legislature. This is because the executive and the legislature are the implementing agencies of the Court rulings.
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Makoji Egwu, Emmanuel. "Managing Legislature-Executive Relationship and Conflict in the Nigerian Presidential Democracy." International Journal of Asian Social Science 10, no. 7 (2020): 339–49. http://dx.doi.org/10.18488/journal.1.2020.107.339.349.
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Ejumudo, Kelly Bryan Ovie, and Francis Ayegbunam Ikenga. "The Problematic of Legislative Oversight in Nigeria: A Study of Delta State." Indonesian Journal of International Clinical Legal Education 3, no. 2 (June 30, 2021): 125–38. http://dx.doi.org/10.15294/ijicle.v3i2.45572.
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This study examines the problem of legislative oversight in Nigeria using Delta State as a case study. Four research questions were raised to guide the study and four null hypotheses were formulated for the study. The design of the study was a descriptive survey. The population of the study comprised 600 staff in the Delta State House of Assembly. The sample of the study consisted of 245 staff drawn from nine (9) departments using stratified and simple random techniques. The instrument used for data collection was the legislative oversight questionnaire and the collated data were analyzed using mean rating and chi-square. The findings of the study revealed that there is a significant relationship between politics of trade-off and pay-off between the legislators and the executive as well as poor commitment to oversight functions by the legislators and legislative oversight in Delta State. The study equally showed that there is a significant relationship between the culture of corruption as well as perceptual legislative subservience to the executive and legislative oversight in Delta State. The study recommended that that the legislature in Nigeria, particularly in Delta State, should be truly independent rather than operate and seen as a subservient extension of the executive arm of government, a new culture that is void of the politics of trade-off and pay-off between the legislature and the executive, as well as corruption, should be established.
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Warbrick, Colin. "Current Developments: Public International Law." International and Comparative Law Quarterly 49, no. 4 (October 2000): 944–53. http://dx.doi.org/10.1017/s0020589300064769.
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The process of constitutional reform in the United Kingdom instituted by the present Labour government has been considerable but it has proceeded on a piecemeal basis. Its aim is to reinforce accountability for the exercise of public power but, in the absence of a comprehensive scheme of reform, the achievement of this ambition has the same lack of coherence as the reform programme itself. Some matters remain untouched by the process, centrally and crucially the domination of the House of Commons and therefore effectively the legislature, by the Executive, a condition exaggerated by the massive majority enjoyed by the government.1 The justification for this arrangement, which so infringes the separation of powers, lies in the claim that it produces effective, stable and accountable government. This is not the place to assess the accuracy of these claims but to note the importance of recognising the particular relationship between executive and legislature which characterises the British Constitution when considering the likely impact of proposals for its reform.
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Karia, Pooja M., and Ally Possi. "South Africa’s Withdrawal from The Rome Statute: A Note on Democratic Alliance v. Minister of International Relations and Cooperation and Others." African Journal of Legal Studies 10, no. 2-3 (December 7, 2017): 227–33. http://dx.doi.org/10.1163/17087384-12340023.
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Abstract Africa and the International Criminal Court (ICC) are having a turbulent relationship, since the implication of the Sudanese President Omar A-Bashir by the Court with the atrocities committed in the Darfur region. The attitude of African countries against the Court has led to some rampaging voices, calling for an African solidarity to exit the ICC. Few African countries, including South Africa, have stepped to the plate responding to the call. However, the process has been coated with uncertainties, mostly leading to constitutional power wrangle among the constitutional branches of governance. The High Court of South Africa, for instance, has been the ‘mediator’ when the executive and legislature clashed over South Africa’s pursuance to withdraw from the ICC. Thus, this commentary revisits the case of Democratic Alliance v. Minister of International Relations and Cooperation and Others, and exposes the power ‘wrangle’ between the executive and legislature when South Africa engineered her failed exit from the ICC.
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Adagbabiri, Moses M. "POLITICS, POWER AND AUTHORITY IN CONSTITUTIONAL DEMOCRACY: THE NIGERIAN EXPERIENCE FROM 2015 TO DATE." International Journal of Legal Studies ( IJOLS ) 5, no. 1 (June 30, 2019): 29–53. http://dx.doi.org/10.5604/01.3001.0013.3209.
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Politics, power, and authority are concepts in political science that have to elude precise description or apt definition because of the divergent views of the layman, scholar and the political analysts on the issue of politics, what power connotes and how authority is consti-tutionally recognized as legitimate or rightful by individuals or group. The obvious thing among these terms is the striking and often shared relationship that exist between and among them. While politics exist to pursue power, power is sought to exercise authority and pursue an interest which can either be narrowly or broadly defined in a constitutional democracy. Thus, the thrust of this paper is to assess the nitty-gritty of politics, power, and authority in Nigeria from 2015 to date with reference to constitutional and leadership roles of political actors, elected representatives and power relations among the three organs of government in a constitutional democracy. Finally, the paper recommends among others that there is a need for enlightenment program on executive – legislature relations, a col-laboration between the executive and the legislature, effective observation of the principle of separation of powers and effective oversight functions and independence of the legisla-ture and its leadership.
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Mattei, Paola. "Legislative Delegation to the Executive in the ‘Second’ Italian Republic." Modern Italy 12, no. 1 (February 2007): 73–89. http://dx.doi.org/10.1080/13532940601134874.
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Considering the increasing quantitative usage and expanding qualitative scope of instruments of delegated legislations as the predominant means of enacting welfare reforms, this article investigates the consolidation throughout the Second Italian Republic of a new interpretation of executive prerogatives in the exercise of legislative functions. This is not only a problem in relation to the constitutional balance defining the relationship between the executive and legislature, but also an issue for executive policy leadership and capacity to steer the legislative process. It is argued that since the 1990s the usage of legislative decrees has become a sui generis and the predominant means of decision-making, adopted in particular for welfare reforms. In particular, delegated legislation to the executive has changed the impact that interest groups, such as trade unions, have on the policy process. Two case studies are presented by way of illustration, namely the health care reforms of the early 1990s and the education reform in 2003.
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Coby, John Patrick. "America's Machiavellian: Gouverneur Morris at the Constitutional Convention." Review of Politics 79, no. 4 (2017): 621–48. http://dx.doi.org/10.1017/s0034670517000614.
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AbstractWhile generally a steady ally of James Madison and the nationalists, Gouverneur Morris, delegate from Pennsylvania, worked from a different conception of republican politics. Morris's republicanism was more old than new, relying on the divided sovereignty of a mixed regime to protect the rights of citizens and minorities. This conception, it is argued here, bears the stamp of Machiavelli, especially regarding the relationship of the classes and the role of the executive. Like Machiavelli—but unlike Madison—Morris wanted to underscore society's class divisions, organizing the representatives of rich and poor into two distinct, and hostile, chambers of the legislature. And like Machiavelli, whose “civil prince” was the champion of the people, Morris's executive was to be the “guardian of the people” and the “guardian of liberty.”
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Doronila, Amando. "The Transformation of Patron-Client Relations and its Political Consequences in Postwar Philippines." Journal of Southeast Asian Studies 16, no. 1 (March 1985): 99–116. http://dx.doi.org/10.1017/s0022463400012789.
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The declaration of martial law in the Philippines by President Ferdinand Marcos on 21 September 1972 marked the overthrow of the open and competitive Filipino political system that had operated on the principle of institutional checks and balances adapted from the American model of liberal democracy. The Marcos power seizure represented a breakthrough by a coalition of the central Executive and new social forces that had emerged from the Philippines' transition to modernity against the constitutional restraints on presidential power. The new coalition, in which the military, the technocracy, and foreign economic interests were important components, succeeded in destroying the old balance of power, which had rested on the adversary relationship between the Chief Executive and Congress. The disbanding of Congress by emergency fiat reflected the decisive flew of power towards the Executive; for twenty-six years since independence, the legislature had acted as the main institutional check on the presidency.
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Purnamasari, Dwi, and Isnaini Rodiyah. "Analisis Kemandirian Keuangan Daerah Kabupaten Sidoarjo Tahun Anggaran 2010 – 2014." JKMP (Jurnal Kebijakan dan Manajemen Publik) 5, no. 1 (January 29, 2019): 75. http://dx.doi.org/10.21070/jkmp.v5i1.814.
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This study aims to determine the level of development of local financial independence Sidoarjo district in order to support the implementation of regional development for the implementation of a decentralized system (Local Government), the contribution of PAD to Sidoarjo district budget in fiscal year 2010-2014 and the commitment of local governments to increase revenue Sidoarjo regency. This type of research is quantitative qualitative (mixed method). The results showed that the ratio of local financial independence Sidoarjoregency status is low or that are in consultative relationship patterns. The ratio of the degree of fiscal decentralization and the index ratio shows the ability of a routine that sufficient fiscal capacity. In harmony ratio shows the results of routine spending a larger share of total development. While the growth rate, the overall experience negative growth. The contribution of PAD to Sidoarjo district budget is low or less. Then the lack of commitment of local governments both the Executive and the Legislature to improve PAD affecting the magnitude of the increase of local financial independence, the lack of loyalty of both the Executive and the Legislature in managing the region's financial sectors ranging from planning to implementation, and the lack of innovation of local governments in exploring the potential Regency Sidoarjo that generate revenue.
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Carnevale, David G. "Florida's Senior Management System: Performance in a Decentralized Administrative Context." Public Personnel Management 18, no. 1 (March 1989): 65–74. http://dx.doi.org/10.1177/009102608901800106.
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This article examines Florida's Senior Management System (SMS) and outlines substantial shortcomings in its operations. Several of the system's problems resulted in the complete demise of the SMS. Recent efforts to reform the SMS have been initiated by the Florida legislature. However, the author argues that insufficient attention has been paid to the possible relationship between the SMS's deficiencies and the decentralized administrative context within which it must operate. The author recommends the development of bridging mechanisms between Florida's central personnel agency and the executive agencies if system-wide objectives are to be achieved.
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Suripatty, Petrus Izaach. "Analysing Factors Affecting the Nabire Regent's Accountability Report (LKPJ) Nabire Regency." Advances in Social Sciences Research Journal 8, no. 8 (August 11, 2021): 18–30. http://dx.doi.org/10.14738/assrj.88.10648.
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This study applied qualitative approach through the process of finding, understanding, explaining and obtaining an overview of social phenomena and public phenomena regarding the Synergy of Relations between the Legislative and Executive arms of regency government carrying out the authority of the Accountability Statement Report (LKPJ) of the Regent of Nabire Regency. Data collection techniques applied were; observation, interviews and questionnaires. The data analysis technique applied were qualitative data analysis technique to describe the facts obtained from the results of field studies and literature reviews to clarify the picture of the research results. The results of interviews related to the theory of institutional relations, found a negative and conflicting relationship existing between the two; legislative and executive parties, a position that build a political bargain that benefits each party so that it gives birth to political commitments and deals in the Regent's LKPJ agreement caused by the sectoral ego of each party. The executives consider themselves as having more understanding than the legislature and vice versa. Another problem is the lack of experience, education and the emergence of election winners as leaders/Chairmen of the Regional People's Representative Council which is a political party under the leadership of the executive/regent who has an emotional relationship in the form of family relations with the Regent. Suggestions from researchers from the executive side to carry out the Annual LKPJ to the Legislature on time and the need to strengthen the DPRD's supervisory function on the performance of local governments in order to create good governance. The Nabire DPRD critically and carefully supervises the LKPJ of the Regent of Nabire Regency based on the vision, mission, RPJM and RPPD in a transparent, responsive, efficient, effective, accountable, participatory, measurable, fair and sustainable manner. Publicization of the Regent's LKPJ document and strengthening of the legislative function through training, comparative studies, as well as the availability of funding to finance experts who can assist with legislative tasks is required.
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Borońska-Hryniewiecka, Karolina. "Differential Europeanization? Explaining the impact of the early warning system on subnational parliaments in Europe." European Political Science Review 9, no. 2 (December 2, 2015): 255–78. http://dx.doi.org/10.1017/s1755773915000375.
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The inclusion of subnational parliaments into the early warning system (EWS) for subsidiarity control generates transforming dynamics in parliamentary modus operandi in European Union (EU) decentralized states. Empirical findings reveal considerable variations in the pace and scope of subnational parliamentary activity in EU policy control challenging the existing theories of territorial mobilization. Drawing from a comparative institutional analysis, this article offers a theoretical framework that permits accounting for cross-country variations in subnational parliamentary mobilization in EU affairs, under the EWS. By placing an increased focus on the domestic environment, it suggests that the two important factors which might affect the scope of parliamentary activity are (1) the relationship between the executive and legislature at the subnational level, and (2) the position of the regional executive in domestic governance arrangements.
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Nurhasanah, Nurhasanah, and Nenie Adriati Lambung. "Analisis Hubungan DPRD Dan Pemerintah Kota Palangka Raya Pada Penyusunan Dan Penetapan Peraturan Tentang APBD." Pencerah Publik 5, no. 1 (April 25, 2018): 1–9. http://dx.doi.org/10.33084/pencerah.v5i1.1003.
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The purpose of this study is to describe and analyze the relationship between the DPRD and the City Government of Palangka Raya in the preparation and determination of the Regional Budget and to describe and analyze the factors that influence the relationship between the DPRD and the City Government of Palangka Raya in the preparation and stipulation of APBD regulations. This study uses descriptive qualitative research methods. The types and sources of data chosen by researchers are primary data and secondary data. Data collection techniques used to obtain information are interviews and documentation.
The results showed that the pattern of interaction between the executive and the legislature in the discussion of the Regional Expenditure Budget (APBD) in Palangka Raya City in 2018, starting from the stages of KUA and PPAS formulation and the RAPBD discussion until the budget approval stage was always colored by several phenomena of interaction between the executive and legislative to carry out the functions of authority to master each other, dominate. In determining budget policy, it was found that the relationship between the DPRD and the City Government of Palangka Raya in the preparation and stipulation of the Regional Budget was still conducive so that it did not lead to deadlock in the formulation and determination of the Palangka Raya City Budget in 2018. Factors affecting the interaction of DPRD and Palangka City Government Raya in the preparation and determination of APBD is the existence of a special mission to negotiate in the form of non-agenda, bargaining with executives to gain the interests of the legislature, a vision that may be different in running a good governance (transparent, democratic, good, fair, responsible and objective ) and equalize the same understanding in responding to every issue and scene in formulating local regulations on APBD and their implementation.
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FIKFAK, Veronika. "International Law Before English and Asian Courts: Finding the Judicial Role in the Separation of Powers." Asian Journal of International Law 3, no. 2 (June 10, 2013): 271–304. http://dx.doi.org/10.1017/s2044251313000180.
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This article questions the idea that the role of domestic courts in relation to international law is triggered only when international law is incorporated into domestic law by the other branches of government. It argues that domestic courts have extensive powers in defining their role vis-à-vis international law and influencing the relationship between domestic and international law. By going beyond the typical monist-dualist discussions, the first part of the article presents how English and American courts, by giving different meanings to the term “part”, reveal how they perceive their relationships with the other government branches and their role in relation to international law. The article then investigates whether similar judicial techniques can be identified in Asian courts’ treatment of international law. In showcasing the approaches of some Asian courts, the article provides snapshots of how these judges actively shape their role vis-à-vis international law and how they construct their relationships with the Legislature and the Executive.
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Heckman, Gerald P. "Canada's Refugee Status Determination System and the International Norm of Independence." Refuge: Canada's Journal on Refugees 25, no. 2 (September 1, 2008): 79–102. http://dx.doi.org/10.25071/1920-7336.26033.
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Refugee protection decisions engage migrants’ fundamental life, liberty, and security of the person interests. As a result, refugee protection claimants enjoy institutional and procedural rights under conventional international law. These include the right to a fair adjudication of their protection claims by an independent tribunal. To be independent, a tribunal must meet the formal guarantees of security of tenure, financial security, and administrative independence and must actually be independent, in appearance and practice, from the executive and legislature, particularly in the appointments process. Refugee protection decisions must be made by first instance adjudicative bodies that either fully comply with the requirements of tribunal independence or whose decisions are subject to subsequent review by a tribunal that meets these requirements and has sufficient jurisdiction over the merits of the dispute. The Canadian refugee protection system fails, in certain respects, to meet international standards of independence. The Canadian Immigration and Refugee Board’s Refugee Protection Division enjoys statutory, objective badges of independence and appears to operate independently of the executive. However, the independence of Canadian officials engaged in eligibility determinations and in pre-removal risk assessments is very much in question because they have a closer relationship to executive law enforcement functions.
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BRUSZT, LASZLO. "Heterarchies and Developmental Traps." Brazilian Journal of Political Economy 21, no. 1 (March 2001): 3–21. http://dx.doi.org/10.1590/0101-31572001-1245.
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ABSTRACT State capacity to resist powerful predatory economic groups is highly dependent on the way social diversity is represented within the polity. Such state capacity is weak when a single branch of government can usurp the representation of public good between two elections. ln some democracies that I call heterarchies, coalition partners, parties in different houses of the legislature, different levels and branches of government, autonomous state agencies compel executives to take into account diverse modes of representation while making their programs and policies. Such constraints on executive authority allow the state to rise above the direct distribution of powers and interests within the economy. ln the paper I use the Russian case to analyze the relationship between state weakness and the related problems of economic development.
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Appleby, Gabrielle, and Eddie Synot. "A First Nations Voice: Institutionalising Political Listening." Federal Law Review 48, no. 4 (September 10, 2020): 529–42. http://dx.doi.org/10.1177/0067205x20955068.
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The Uluru Statement from the Heart offers an opportunity to reorder the Australian constitutional hierarchy as it relates to First Nations. The proposal for a First Nations Voice provides a tailored, structural response to the experiences of Aboriginal and Torres Strait Islander people under the Australian state. For the First Nations Voice to meet this potential, it will require more than careful design of the Voice as a new constitutional institution; it will require existing constitutional institutions within the legislature and executive to learn to ‘listen’. This article draws on the political and democratic listening literature to examine how political listening might be practised at the interface between the First Nations Voice and existing constitutional institutions. We suggest five principles to guide this cross-institutional relationship together with ways these principles might be incorporated into governance structures.
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Kariyoto, Kariyoto. "PersepSi Akuntansi Sektor Publik versus Akuntansi Pemerintahan." Jurnal Ilmiah Bisnis dan Ekonomi Asia 11, no. 2 (September 18, 2018): 18–27. http://dx.doi.org/10.32812/jibeka.v11i2.56.
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Perceptions that are disseminated in Indonesian government accounting teaching are government accounting substitutes for public sector accounting. The logic of teaching spread always begins from the discussion of clean government and the clean individual. The definition of money in clean government in Indonesia involves the relationship between the executive and the legislature, the consolidated funds and the national loan funds in preparing the appropriate budget plan (RAPBN / RAPBD). The problem is, in general, the public sector is described as a government institution or with a clearer sentence of the ruling government, state government, and national industry of government-owned enterprises, public legal entities, public corporations. But the word is deemed inadequate, so the phrase of the ruling government is still a controversial debate in the context of democracy which states that the people are the most powerful. The purpose of the article explains the correct understanding or perception of public sector accounting. Notwith standing the importance of understanding accounting techniques in governmental organizations, public sector accounting teachings are developed under different conditions.
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Lertchoosakul, Kanokrat. "The Paradox of the Thai Middle Class in Democratisation." TRaNS: Trans -Regional and -National Studies of Southeast Asia 9, no. 1 (January 13, 2021): 65–79. http://dx.doi.org/10.1017/trn.2020.16.
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AbstractThe relationship of the bourgeoisie and democratisation has been inconsistent across the history of democracy. This work offers an alternative explanation taking the example of the Thai middle class, which had promoted democracy, turned against it. From the democratic transition of 1973 until the present day, the Thai middle class has played contradictory roles in the democratisation of the country. This work investigates the effects of democratic institution-building after regime change and the efforts to consolidate democracy in the middle class. This work proposes two major observations. The first is the failure of the middle class to establish themselves in democratic institutions and processes in either the legislature/executive, political parties, local government or structured interest groups. They have learned of the uncertainty of free elections and how the elected executives have benefitted other classes but not them. The second regards the missing prerequisite of democracy. Insufficient understanding of majority rules and two-turnover elections, caused the middle class who were disappointed with the outcome of democratic regimes and systems to easily turn away from democracy.
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Lindvall, Johannes, Hanna Bäck, Carl Dahlström, Elin Naurin, and Jan Teorell. "Sweden’s Parliamentary Democracy at 100." Parliamentary Affairs 73, no. 3 (March 1, 2019): 477–502. http://dx.doi.org/10.1093/pa/gsz005.
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Abstract This article assesses how Swedish parliamentary democracy works today, almost one hundred years into its history. Our main research question is whether the transformation of the Swedish party system since the 1980s—and especially since 2010, when the populist-radical-right Sweden Democrats entered parliament—has altered the way parliamentary democracy works. We provide new evidence on Sweden’s changing party system, the formation and duration of cabinets, decision-making in parliament and the relationship between what parties say in election campaigns and what they do in government. Our main conclusion is that at least by the election of 2018, surprisingly little had changed. Cabinets have formed quickly, and once formed, they have survived until the next election. The bills governments have sent to parliament have usually passed, often getting the support of one or more opposition parties. Governing parties have managed to implement approximately 80 per cent of the promises they have made in their election manifestos. That said, the relationship between the executive and the legislature was contested in the 2010–2014 and 2014–2018 parliaments, and after the election of 2018, it took a very long time to form a new government. The concluding section discusses what the future might hold.
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Sandberg, Haim. "What Happens when the Judiciary Switches Roles with the Legislator? An Innovative Israeli Version of a Mixed Jurisdiction." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (May 29, 2017): 40. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2502.
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Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic principles. These differences stem from the nature and the motivations of the legislative enterprise. Civil-continental legislation originates in a legislative initiative “from above”. It is driven by the aspiration for legal harmony and completeness, and was originally formulated by academics. Legislation in the common-law countries results from a "bottom up" effect in which reality dictates the nature of the developing rules, step by step. Civil law systems like Common Law systems accept the supremacy of the statutory law over judge-made law. Yet when the judiciary has the authority or the power to influence the legislative agenda there is a veritable role switch. In a manner resembling continental-style legislation, the court reviewing existing legislation determines an abstract principle, usually in reliance on a particular constitutional text, and it is the legislature that is required to distill the principles into specific legislative norms, a function normally fulfilled by the common law court. The question forming the basis of this paper is the nature of the legislative process and the legislation produced by this kind of relationship. The paper addresses this question through the narrow prism of a detailed examination of a particular Israeli test case in which the Israeli Supreme Court handed down a ruling on a fundamental principle but on its own initiative delegated to the legislature the task of implementing it and providing a specific legislative enactment of this principle, on the basis of which the Court would then rule on the concrete case. The result in this particular case was that the traditional roles of the respective branches were reversed. The practical result of the move to delegate the implementation of a far-reaching and fundamental ruling to the legislature was a subversion of the fundamental ruling and delayed justice for the parties who sought a resolution of the matter. The paper claims that this mechanism leads to the creation of a new variety of a "mixed-system". The judiciary abandoned its primary obligation, namely to serve as an instance for resolving disputes, while the legislature became an executor of judicially enunciated principles. The law thus enacted resembles, in its detailed and complex language, a common law text while the principle formulated in the judgment of the court resembles a section of an analytical "civil law" statute. When the motivation for legislation stems from the court's directives, rather than the governmental or legislative interests, the legislature or the executive branch has an interest in thwarting the court’s intention through the use of various tactics readily at its disposal. This process also affects the vague and detailed formulation of the legislation, which has a character rather different from the abstract nature of civil law legislation. The lesson that this episode teach us, which the court itself internalized, is that a court cannot really dictate a legislative agenda and that it should instead focus on its designated role – the resolving of concrete disputes.
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Lohmann, Georg. "Normative und rechtsstaatliche Kapitalismuskritiken und ihre Verdrängung bei Marx." Deutsche Zeitschrift für Philosophie 66, no. 4 (September 25, 2018): 429–65. http://dx.doi.org/10.1515/dzph-2018-0033.
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Abstract The essay is a critical revision of various of Marx’s approaches in his analysis of capitalism in “Das Kapital”. One can distinguish immanent, normative critiques from transcendental and objectivistic ones. The review of the normative standards used in each case leads to the questions of how Marx determined and used the relationships of justice and law and the capitalist mode of production. Orthodox Marxist views (most recently C. Menke) claim that Marx did not criticise capital as unjust and understood the law of capital only as private law that stabilised domination. Against this, it is shown that he certainly bases his “critical presentation” on an (almost Kantian) constitutional (“rechtsstaatliches”) concept of private law and public law. Thus the “popular prejudice” of “human equality”, defined by Marx as an epochal and systematic condition of the capitalist exchange of goods, becomes apparent as a covert reference to the historical (America, French Revolution), public-law declarations of human rights. And in the chapter “Struggle for the length of the working day” Marx presents the decisions of this dispute between “equal rights” first and foremost in the systematic historical actions of the constitutional powers (legislature, executive and judiciary). At the same time, however, he attempts to ironise and defame this public-law and deliberative, democratic dispute and then to misinterpret it as a violent “civil war”. Because Marx in his further presentation ignores this legal-democratic dispute, including a potential human-rights critique and (possible!) future regulation of capitalism, focussing instead on objectivist concepts of history and development, he can only insufficiently grasp the still challenging relationship between democracy and capitalism.
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Salihu, Mustapha. "Holy or Unholy Alliance? Political Coalition, Interest Articulation and Governance in New Democracies." African Journal of Law, Political Research and Administration 4, no. 2 (July 30, 2021): 21–39. http://dx.doi.org/10.52589/ajlpra-wfnvujzb.
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Employing qualitative content analysis and building on the submissions of coalition data theories, the study ascertains the governability and extent to which Nigeria’s ruling coalition, the All Progressives Congress (APC) is able to effectively aggregate various political interests and deliver on its campaign promises. Within mainstream studies, there is a consensus on the uphill task of labelling political parties as office, or policy seeking, exclusively. Nonetheless, the study argues, despite running on key programs of fighting corruption, countering Boko Haram and diversifying the economy, the APC fits the description of an office-seeking coalition. Although the party attracted key regional power brokers from two main opposition parties, the Congress for Progressive Change and Action Congress, and aggrieved members of the former ruling party, now main opposition the then ruling People’s Democratic Party. Shortly after it took power in 2015, the APC could not reach a consensus on the appointment of principal officers for the 8th National Assembly, as this was the practice. The maneuverings that led to the selection process, the uneasy relationship between legislature and executive, as well as attempts by leaders from coalescing parties to superimpose on the party which had adverse effects on the supremacy of Nigeria’s ruling coalition and institutionalization of partisan party politics. While conflicts of interests are not unusual in politics, its prevalence within Nigeria’s ruling coalition adversely affects the probability of the party to actualize its campaign programs, given the seeming battle for the soul of the party. However, the dissolution of the party’s National Working Committee in 2020 and the constitution of the APC Caretaker committee by President Muhammad Buhari suggests, the party is making conscious attempts to reconcile aggrieved members, register new members and retrace its steps in preparation for the 2023 general election.
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Kuryava, V. V. "Strategic directions and prospects for improving the activities of the Supreme Court on intellectual property." Legal horizons, no. 25 (2020): 39–44. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p39.
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The evolution of intellectual property has led to a steady increase in their importance to the modern world economy. Intellectual property has become the highest indicator of the competitiveness of the modern state. Today, the objects of intellectual property rights are the driving force of state policy in all its spheres - economy, health care, security, food, labor, trade, environment, etc. In recent decades, in modern political conditions, the relationship between the executive and the legislature has changed, which has had an impact on the place and role of the judiciary in this system. This article is aimed at studying the modern institutional foundations of the formation of the judicial system in modern political conditions. The interaction of public authorities in the context of decision-making on the establishment and organization of security, in particular the High Court of Intellectual Property, is studied. Our country is endowed with high scientific potential, as evidenced by the state of scientific, technological and innovative development. However, difficulties in the field of commercialization, protection and defense of intellectual property rights cause large-scale losses to our state, reduce the competitiveness of intellectual property rights. Among such problematic aspects is the lack of an effective system of judicial protection of intellectual property rights: instability of conditions for inventive and innovative activities; underdevelopment of elements that ensure the commercialization and protection of patented achievements; use of unlicensed software, counterfeit and counterfeit goods; high level of Internet piracy; inefficient and non-transparent royalty collection system; lack of an effective judicial protection system. This situation creates real economic problems and threats to our state, which require their immediate solution, scientific justification of the mechanism for overcoming them. Modern conditions for the development of public administration in Ukraine significantly affect the interaction of all branches of government, balancing their interaction and interaction, including the judiciary. The political influence on the judiciary is especially acute, which increases the attention to the problems of institutional support of the newly created court.
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Kanapyanov, Timur, and Naubat Kaliyev. "INTERACTION OF PARLIAMENTS WITH EXECUTIVE BRANCHES IN POST-SOCIALIST ROMANIA AND KAZAKHSTAN: COMPARATIVE ANALYSIS." CBU International Conference Proceedings 3 (September 19, 2015): 383–89. http://dx.doi.org/10.12955/cbup.v3.655.
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Studies on legislature-executive relations have gained a crucial place in the field of comparative politics. However, the most intriguing challenge for comparative political studies has been investigating the collapse of socialist regimes and development of new institutions in post-communist and post-Soviet countries. Accordingly, this article compares legislative-executive relations in Kazakhstan and Romania, in a longitudinal perspective, from the time of communism’s collapse. These relationships have evolved somewhat differently in Romania compared to Kazakhstan, despite both countries having semi-presidential systems. A comparative analysis helps us to better understand the role and place of the parliament in each of the respective countries. The authors identify similarities and differences of legislature-executive relations in post-communist Romania and post-Soviet Kazakhstan, while making some inference about the strength of legislatures. The article concludes with a summation that the frequent cases of no-confidence votes in Romania has resulted in an unstable government and, often, governmental crises, but at the same time, this indicates a relatively powerful parliament, whereas the non-existence of such practices in Kazakhstan has contributed to a strong, stable, and unanimous cabinet, but with a weak and subservient parliament.
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Suryati, Tri Frida, and William Indra S. Mooduto. "The Role of Neuroaccounting (the Science of Neural-based Accounting) in Decision Making." BRAIN. BROAD RESEARCH IN ARTIFICIAL INTELLIGENCE AND NEUROSCIENCE 12, no. 1 (March 29, 2021): 40–50. http://dx.doi.org/10.18662/brain/12.1/169.
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The present study aims to determine the role of neuroaccounting in decision making. The data collection method is conducted by using interviews, moreover, the data analysis is analyzed by administering the interpretation of subjective understanding of informants which then followed by researchers' reflexivity. The results suggest that principal-agent relationships can occur when the legislature and the executive establish agency relationships in the policy-making process. In the perception of neuroscience; the interest of interest, the limited time of office, the inclination and limitation of knowledge to know all the public needs can be imprinted and settled in the brain, thus, it can create moral hazard and adverse selection of behavior.
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Deluque Júnior, Romano. "Uma Análise sobre a Expansão do Poder Judicial no Brasil: Construindo Sentidos sobre Democracia e Ativismo Judicial." Revista de Ciências Jurídicas e Empresariais 21, no. 1 (December 22, 2020): 21–30. http://dx.doi.org/10.17921/2448-2129.2020v21n1p21-30.
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ResumoDa descrença de um povo junto aos seus representantes eleitos ascende o protagonismo do Poder Judiciário. Nunca antes na história nacional, os olhares populares, agora dotados de uma aguçado poder de corte, se voltaram às decisões proferidas pelos Tribunais e Cortes superiores. Desse modo, decisões de questões políticas, sociais e morais de grande relevância, que outrora seriam resolvidas por instâncias políticas tradicionais como o Executivo e o Legislativo, agora são prostradas a serem apreciadas pelo Poder Judiciário. Com a fragilização das instituições politicas, judicializa-se a vida. No Brasil de nossos dias não é preciso olhar para muito além do horizonte para perceber que a relação do povo junto aos seus representantes democraticamente eleitos se encontra fragilizada, isso não é novidade. Esse fenômeno faz emergir uma atitude proativa por parte dos juízes e Tribunais brasileiros. Eis o ativismo judicial, uma ideia que se associa a uma participação mais intensa e abrangente do Poder Judiciário na concretização dos valores constitucionais e na defesa dos direitos humanos, o que não significa, em hipótese alguma, dever agir com parcialidade ou com princípios político-partidários. O presente artigo tem por intuito desenvolver um debate, na forma de uma revisão de literatura, a respeito do tema da judicialização da política e do ativismo judicial. A análise de tais fenômenos se fará à luz dos acontecimentos políticos, e jurídico-sociais que emergiram recentemente em realidade nacional. Portanto, discutir-se-á o papel do juiz proativo e seus limites de julgar, bem como as novas matizes do jogo democrático que se instauram no cenário da política brasileira.
Palavras-chave: Judicialização da Política. Ativismo Judicial. Corrupção. Democracia. Sociedade.
AbstractFrom the people’s disbelief towards their elected representatives, the leading role of the judiciary arises. Never before in our national history, popular views, now endowed with a sharp cutting power, have turned to the decisions handed down by our courts and higher courts. Thus, decisions of political, social and moral issues of great relevance, which in the past would have been resolved by traditional political instances such as the executive and the legislature, are now prostrate to be appreciated by the judiciary. With the weakening of political institutions, life is legalized. In Brazil nowadays, it is not necessary to look far beyond the horizon to realize that the people's relationship with their democratically elected representatives is weakened, which is not a novelty. This phenomenon gives rise to a proactive attitude on the part of Brazilian judges and courts. This is judicial activism, an idea that is associated with a more intense and comprehensive participation of the judiciary in the realization of constitutional values and in the human rights defense, which does not, under any circumstances, mean having to act with partiality or with political-political principles. supporters. This article aims to develop a debate, in the form of a literature review, on the theme of judicialization of politics and judicial activism. The analysis of such phenomena will take place in light of the political, and legal-social events that have recently emerged in our national reality. Therefore, the proactive judge’s role and his or her judgment limits will be discussed, as well as the new democratic nuances game that are established in the Brazilian political scene.
Keywords: Politics Judicialization. Judicial Activism. Corruption. Democracy. Society.
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Hadfield, Brigid. "The Nature of Devolution in Scotland and Northern Ireland: Key Issues of Responsibility and Control." Edinburgh Law Review 3, no. 1 (January 1999): 3–31. http://dx.doi.org/10.3366/elr.1999.3.1.3.
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Under three broad headings, namely, the internal dimension, the Westminster dimension and the intergovernmental dimension, this article seeks to analyse and explore the nature of devolution and to consider factors pertinent to its development. The article, thus, first compares the provisions of the Scotland Act 1998 and of the Northern Ireland Act 1998 on the electoral system, the size of the devolved legislature, the power of dissolution and the formation and the scrutiny of the devolved executive. The prime purpose of this section is to identify the principles enshrined in the legislation which may affect the way in which devolution will operate within its own borders. While this first dimension draws on the statutory provisions, the second, dealing with the relationships between the devolved system and Westminster, concerns issues to be regulated almost entirely by non-statutory “understandings” and by parliamentary/assembly Standing Orders. These issues include most crucially the power of the devolved legislature to debate non-devolved matters and the power of Westminster to debate devolved matters. Thirdly, the article deals with the mechanisms of co-operation to be introduced for the discussion of intergovernmental issues throughout the UK, that is, those arising between Westminster, Edinburgh, Belfast and Cardiff. In this context, consideration will be given to the proposed Joint Ministerial Committee. Mention will also be made of the British–Irish Council, although this is a body whose powers will go beyond solely UK devolution concerns.
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De Croo, Herman. "De relatie parlement-regering in België." Res Publica 31, no. 2 (June 30, 1989): 157–64. http://dx.doi.org/10.21825/rp.v31i2.18873.
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This article analyses the complex relationships between the elected parliament and the government.Firstly, effective political participation of the constituency in the election of its parliamentary representatives is limited because of the pre-selection of the candidates by the parties themselves. Secondly, the freedom of the parliament is restricted by the complex network of pressures and counterpressures between legislature and executive. Parliament has recently tried to regain some of its influence by organising special parliamentary inquiry committees and by resorting to professional help for assistance in its legislative work . However, the growing professionalisation might become yet another restriction to the parliamentarians' freedom of political action. Thirdly, parliamentary legislative power is undermined by the subtile way governmental decision making ends in legislation.The mass media seem increasingly unable to translate this complexity to the public. As a result the public becomes more and more indifferent to the functioning of the system, which could endanger the genuine democratic influence of the people in the parliamentary system.
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Bregant, Janez. "CRITICAL THINKING IN EDUCATION: WHY TO AVOID LOGICAL FALLACIES?" Problems of Education in the 21st Century 61, no. 1 (September 5, 2014): 18–27. http://dx.doi.org/10.33225/pec/14.61.18.
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The study argues for the claim that a correct argumentation, i.e. a non-fallacious or good reasoning, should be the essential part of the education process, which is not always the case. The bad argumentation makes human standards and interpersonal relationships worse, and leads to the growth of social conflicts and an instable society. If the legislature, executive and judiciary branches of power did not listen to good arguments, our lives would not be as good as they are since the state might pass bad, dangerous and unjust laws. A person trained in critical thinking starting in their youth would be able to tell a difference between good and bad arguments and recognize the fact that accepting the former and dropping the latter is the only way to avoid the above mentioned negative characteristics of a society. By teaching pupils how to employ the prescribed standards of a correct argumentation using everyday examples helps them to avoid adopting certain views on the ground of their popularity, affections produced in observers, their popularity etc., which are classic examples of logical fallacies. An early training in critical thinking could make obvious the fact that, a democracy consisting among other things also in a social, racial and gender equality, after all, does not mean that sometimes left arguments win and sometimes the right ones, and that there is no difference between them in the long run. Key words: argument, critical thinking, deduction, education, induction, logical fallacy, validity.
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Sinizibe, Okoko, Frank Ogbomah, and Kakatei Juanita. "EXECUTIVE/LEGISLATIVE RELATIONSHIP IN BAYELSA STATE UNDER GOVERNOR HENRY SERIAKE DICKSON’S ADMINISTRATION: ISSUES AND CHALLENGES." International Journal of Advanced Academic Research, 2015, 318–29. http://dx.doi.org/10.46654/ij.24889849.s61012.
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The administration of any democratic state revolves around the three constitutionally recognized arms of government; the legislature, executive and the judiciary. Their relationship is very important for the actualization of the goals of the state. However, this relationship is more pronounced between the executive and the legislature as both appear to belong to political parties and are elected by the electorates. Executive/legislative relationship most times appears conflictual and in some cases cooperative. The study examines the executive/legislative relationship in Bayelsa State to determine the nature and the issues and challenges in their relationship during Henry Seriake Dickson administration. To achieve the objective of the study, two research questions were formulated to guide the study. System theory was used as framework for analysis. The study draws its arguments basically from secondary source hence content analysis research design was used to analyze the secondary data. The findings revealed that the executive dominated the legislature in their relationship under Henry Seriake Dickson’s administration which weakened the ability of the legislators to effectively perform their duties as the representatives of the people. It was also revealed that the unprofessional and inexperience of the legislators also affected their ability to effectively perform their duties which affected the social, economic and political development of the state. In the light of the above, the study recommends amongst others that the legislature should wake up to their responsibility as the watchdog of the executive and effectively monitor the activities of the executive in order to ensure good governance in Bayelsa State. More experienced people should be elected to the legislature to curtail the excesses and the continued dominance of the executive on the legislature and other institutions of government.
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Suherman, Ansar. "KOMUNIKASI POLITIK DAN KONFLIK DALAM KEBIJAKAN PEMERINTAH (Studi Kasus Konflik Kebijakan Antara Legislatif Dan Eksekutif Di Kabupaten Buton Selatan, Sulawesi Tenggara)." SOURCE : Jurnal Ilmu Komunikasi 2, no. 2 (October 26, 2018). http://dx.doi.org/10.35308/source.v2i2.382.
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Executive policy-related polemics often leads to war of opinion that led to a conflict with the legislature, one of which is the formulation of the Draft Regulation (Ranperda) on Spatial Planning (Spatial) Buton Selatan Regency. This study aims to determine the pattern of the relationship between the executive and legislative communications along with constraints and problems encountered in the implementation of the authority and form of the conflict between the executive and the legislature in lawmaking Spatial Buton Selatan. The method used is qualitative approach. Data obtained directly by using interviews with informants about the conflict in political communication in addressing regional legislative policy as the executive regent Buton Selatan on Spatial Ranperda Buton Selatan. The data in thisstudy using the model data analysis komponensial (componential anaylisis). The results showed that the pattern of the relationship between the executive and legislative communication in conflict resolution in the determination of Buton Selatan Spatial regulation is through the process of formal organizational communication and informal organizational communication. Form of the conflict between the executive and the legislature in lawmaking Spatial Buton Selatan Regency is a conflict between organizations, between the executive and legislative of Buton Selatan Regency. Keywords: Political Communication, Conflict, Policy, Executive, Legislative.
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Schleiter, Petra, and Georgina Evans. "The Changing Confidence Relationship Between the UK Executive and Parliament in Comparative Context." Parliamentary Affairs, August 23, 2019. http://dx.doi.org/10.1093/pa/gsz033.
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Abstract Executive–legislative relations in the UK are undergoing a process of transformation, and the confidence relationship is part of that change. The confidence relationship not only ensures that the executive is responsible to the legislature, but it also structures bargaining between government and the legislature via the parliament-initiated vote of no confidence and the executive-invoked vote of confidence. The Fixed-term Parliaments Act 2011 changes this relationship by removing from the prime minister the power to call an early election should confidence be lost, and by introducing one formal way of wording no-confidence and confidence motions. We place these changes in comparative context, showing that they strengthen parliament vis-à-vis the government, and discuss their implications against the background of contemporary constitutional practice in developed parliamentary democracies, medium-term electoral and political trends in the UK, and the 2019 Brexit deadlock.
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Murdiono, Mukhamad. "Pemberantasan korupsi anggota DPRD di era otonomi daerah." Jurnal Civics: Media Kajian Kewarganegaraan 1, no. 2 (December 31, 2004). http://dx.doi.org/10.21831/civics.v1i2.5716.
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Since the implementation of decentralization, the drastic changes of politic and governmental system has been occurred in Indonesia. One of those changes is the growing significant of legislature role. In autonomy of district era, legislature was growing to be powerful marked by the function of its role, as aspiration channel and executive controller. The empowerment of legislature role in autonomy era brings some problems, not only connected with legislature themselves but also with executive. The problem connected with legislature can be cited such as bad behaviors (manipulation of graduation, money politics, corruption, etc.). Those bad behaviors have been caused the degradation of DPRD image and decadency moral. Therefore, it is necessary to rebuild politic morality and to change the image of legislative members. In order to change the image of DPRD the things can be done are reformation and radical change of DPRD by all element of society. Besides that, it is necessary to review the relationship between DPRD and people. The members of DPRD should compromise their views as well as their own needs with the people's aspirations and needs.
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Serema, Batlang Comma. "Information and Institutions: The Relationship Between the Executive and Legislature in Botswana." Proceedings of the Annual Conference of CAIS / Actes du congrès annuel de l'ACSI, October 15, 2013. http://dx.doi.org/10.29173/cais25.
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Researchers who study legislatures contend that groups rather than institutions shape policy. This argument forms from perceptions that institutions are unimportant because power has been transferred away from Parliament toward policy communities of actors. Accordingly, it is thought that the institutional framework bears no significance because formal institutions for scrutinising decisions do not have a great impact on policy outputs and outcomes. The thesis of this paper is that differences in access and quality of information accords the Executive an advantage on policy formulation and analysis, a factor that is meagrely extended to constituency representatives. The paper examines information availability and its significance among parliamentary stakeholders, particularly MPs. It is through this analysis that a critique of the status quo will be provided. The paper is directed by the assumption that access to quality information equips the decision maker with informed alternatives pertaining to a particular subject. Constituency representatives in Botswana lacks an elaborate information system. By contrast the Ministers have an army of information providers (bureaucrats) and hence their decisions are unlikely to be challenged by constituency representatives. The results presented here are part of an on going study and should therefore be accepted with great caution.
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Inya, Onwu. "‘The legislature is the engine room of democracy’: Constructing ideological worldviews through proximisation strategies in Nigerian Senate debates." Discourse & Society, November 6, 2020, 095792652097038. http://dx.doi.org/10.1177/0957926520970386.
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This study investigates how legislators utilise proximisation strategies to construct ideological worldviews in Nigerian Senate debates about democratic consolidation and the legitimacy of the legislature. For data, samples were purposively drawn from a 1.9 million-word corpus of Nigerian Senate debates constructed for a broader research and subjected to qualitative discourse analysis. The analysis reveals that legislators’ discursive acts prompt the conceptual organisation of the discourse space such that the activities of the executive are construed to be inimical to democratic consolidation and the legitimacy of the legislature, whereas legislators construe themselves positively as resilient defenders of democracy and the legislative institution. Through proximisation strategies, legislators engage in the ideological discourse of positive self-presentation and negative other-presentation relative to the executive. This paper contributes to our understanding of the tenuous and polarised relationship amongst arms of government under a presidential political system in an emerging democracy.
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"International Institutions and Janus Faces: The Influence of International Institutions on Central Negotiators within Two-Level Games." International Negotiation 6, no. 1 (2001): 25–48. http://dx.doi.org/10.1163/15718060120848946.
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AbstractThis study addresses two interrelated questions. First, how can we expand the utility of the two-level model by developing the international level of the game, and second, how can this new conceptualization of the two-level game improve our understanding of how chief negotiators create a negotiation strategy? To address these questions, it will be explained how a state formulates its international strategy by taking into account that states participate in international institutions and are bound by their own domestic politics. Specifically, the relationship between chief executive, that executive's perception of bargaining strength relative to the legislature and alliance membership will be framed in a two-level game. By utilizing a two-level model, it will be possible to construct a series of hypotheses that explain, which strategy the chief executive will use at the outset of a negotiation. The hypotheses will be tested by examining the strategies chosen by four heads of state (Francois Mitterrand, George Bush, Margaret Thatcher and Helmut Kohl) towards the Iraqi government in the days after Iraq's invasion of Kuwait. Overall, this study is meant to be a ``first-cut'' at explaining the choice of strategy during negotiations and addressing the deficiencies of the two-level model.
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Hasani, S. S. "JUDICIAL ACTIVISM – AN ASSET TO JUDICIARY BY INDIAN CONSTITUTION." Towards Excellence, July 30, 2018, 31–36. http://dx.doi.org/10.37867/te100205.
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Constitution means the structure of a body, organism or organization i.e. what constitutes it or of what it consists of. Constitution of a country spells out the basic fundamental principles or established precedents on which the state is organized. It lays down the structure of the political system under which its people are to be governed. It establishes the main organs of the State-the legislature, the executive and the judiciary, demarcates their responsibilities and regulates their relationships with each other and with the people. All authority in the hands of any organs, institutions or functionaries of the state flow from the Constitution. In a country like ours, adopting a written Constitution which mandates Judicial Review of the constitutionality of State activity in cases needing it and the laws enacted by legislature, the role of Judiciary cannot be restricted to the primitive function of dispensing justice. The role of judiciary in enforcing judicial review, must for all purposes keep the Government in good tune with the changing times and it should not be allowed to drift to become anachronistic or out of reasoning with the need of the day.
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Tusalem, Rollin F. "Bringing the Legislature Back In: Examining the Structural Effects of National Legislatures on Effective Democratic Governance." Government and Opposition, September 16, 2021, 1–25. http://dx.doi.org/10.1017/gov.2021.32.
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Abstract Extant research in comparative politics has examined the role of institutional frameworks such as constitutional design, the nature of the electoral systems, parliamentarism and federalism on the quality of governance. Understanding variations on effective democratic governance has assumed a state-centric approach that has largely neglected how strong legislatures can drastically affect political outcomes. This study finds empirical evidence that the strength of national legislatures (in terms of its influence over the executive, institutional autonomy, its specified powers and institutional capacity) is correlated to effective democratic governance as measured by voice and accountability, governmental effectiveness, regulatory quality, control of corruption and rule of law entrenchment based on a cross-national analysis of 150 countries with available data from the period 1996–2016. The results hold even when the sample is restricted to developing countries, where party systems are more likely to be under-institutionalized. A sensitivity analysis also confirms that the relationship between strong legislatures and effective democratic governance is not attenuated or conditioned by its interactive effect with other institutional arrangements. Implications suggest that the substantive strength of national legislatures promotes higher levels of democratic accountability, and that the international community must focus on frameworks that strengthen global legislatures to avert political instability and creeping authoritarianism.
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Murphy, Jack. "Elected Judges Lead to Less Partial Judges." Federalism-E 19, no. 1 (April 27, 2018). http://dx.doi.org/10.24908/fede.v19i1.10746.
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Canada’s government structure has long used the idea of Peace, Order, and Good government to justify the selection and subsequent terms of long political majorities and appointed justices. This paper will be addressing the research question: should the justices of the Supreme Court of Canada be elected to increase Canadian democratic values or should they remain appointed? Currently the Supreme Court of Canada is selected by the Governor General on the advice of the Prime Minister. In answering this research question this paper will weigh to the pros and cons of both the current judiciary system and a judiciary section based on elections in order to prove that Supreme Court of Canada justices should stay appointed. A crucial factor in the selection of supreme court judges is the idea of judicial independence. Justices are not elected in order to ensure that there is no partisanship or inappropriate relationships between the judiciary and the legislature. It is argued that this is null and void as a result of the fact that the judges are effectively chosen by the head of government. In the Canadian system, there lies an important balance between the executive, legislative, and judicial branches; this balance of power relies heavily on the Supreme Court being a non-partisan last check on any bills that reach it from the House. This is contrasted by the fact that the Supreme Court of Canada has last say on a plethora of issues that affect the lives of all Canadians and Canada is a constitutional monarchy, meaning that the power is always supposed to be derived from the people. Any power of government in Canada must trace its power back to the people for it to be considered legitimate. After a compare and contrast of the effect that electing the Supreme Court of Canada will have on the judicial independence and the federal balance of power it is hypothesised that the Supreme Court of Canada should continue as an appointed body.