Academic literature on the topic 'Source of the State’s legitimacy and legislation'

The most significant source of nitrate pollution in the European Union (EU) is attributed to agricultural activities, which threaten drinking water, marine, and freshwater resources. The Nitrates Directive is a key feature of the Water Framework Directive (WFD), which seeks to reduce nitrate pollution from agricultural sources. Yet, weak compliance by Member States (MS) diminishes the legitimacy of the EU environmental acquis and undermines efforts to achieve environmental objectives. This study examines the nitrate management discourse in Poland to identify influencing factors that impact governance capacity and overall compliance performance. The empirical investigation is based on nine stakeholder interviews, three written correspondences, and a literature review that collectively comprise an evaluation study. A comparison in governance approaches between Poland and Denmark provides a calibration in assessing performance respective to another MS. The findings categorize both Poland and Denmark as “laggard” in WFD compliance. This case contributes new insights in identifying 6 enabling and 13 constraining factors affecting the ability of MS to fulfill their implementation duties. The findings demonstrate that divergent stakeholder views based on historical and cultural norms require a differentiated approach tailored to domestic conditions for effective fulfillment of the objectives set forth in EU environmental legislation.

The Irish Free State was both victim and survivor of the general crisis of European democracy in the inter-war era. Born into civil war in 1922, it saw repeated bouts of instability and political violence, the emergence of radicalised movements on the left and right in the 1930s, and the subsidence of political unrest late in that decade. In this period the state’s reliance on emergency legislation to deal with subversion was obviously an indication of the persistence of unrest, and such laws have usually been seen as an inescapable part of the state’s pursuit of authority and legitimacy. On the other hand, the Irish case is also an example of how a state’s political development can be affected by civil war, since the continuities in the state’s legislative response to political extremism, from 1922 onwards, are too strong to ignore. Of course, the Free State was also one of the few new democracies to survive the period with its democratic institutions intact, but from the outset this achievement was accomplished through the paradox of withholding the conventions of democracy until the period of crisis would pass. One view is that this was the price to be paid for countering the threat to democratic government posed by subversive organisations, while such organisations themselves argue that they remained subject not to a ‘government of laws’ but to ‘a government of men’. As in other situations, the legitimacy of such legislation was inextricably linked to the case governments made for there being a state of emergency, but such arguments were always deeply contested. Either way, the whole issue of emergency legislation reveals both a confused understanding of the requisites of constitutional government in Ireland, and the need to appreciate the complex nature of the decisions states make in an era of violent conflict.

endangered sounds is a project that focuses on the exploration of sound marks (trade-marked sounds). the initial stage of this project was funded by arts victoria, and comprised legal searches that resulted in the listings of sound marks registered in australasia and the united states of america. this list was published on the internet with a call for volunteers to collect samples of the listed sounds internationally. the volunteer was sent a specimen tube with label and cap, and asked to collect the sound by placing the specimen tube close to the source (thereby capturing the air through which the sound travelled), securing the cap and then completing the label, documenting the time, place and nature of the sound (sound mark reg. no., sound mark description, time of capture, date of capture, location, etc.). these specimen tubes were collected and displayed in chemistry racks in the exhibition in the biennale of electronic arts, perth in 2004, illustrating the frequency and diversity of the environment into which these ‘private’, protected sounds have been released. the exhibition project consisted of:(1) a web portal listing all the sound marks listed in australasia and the usa, and negotiations are underway to expand that to include the eu.(2) a collection of sound marks in specimen tubes with caps and labels gathered internationally by people who volunteered to collect samples of sound marks in their environment.(3) a number of glass vacuum desiccator vessels containing a small loudspeaker and sound reproduction chip suspended in a vacuum, reproducing sound marks in the vacuum, notionally breaking the law, but as sound does not travel in a vacuum the gallery visitor hears no sound – what then is the jurisdiction of the sound mark?(4) a card index register of lost and deceased sounds.this project questions the legitimacy of privatising and protecting sounds that are released at random in public spaces. if i own a multi-million dollar penthouse in a city, and work night shifts, i have no recourse against the loud harley davidson or australian football league (afl) siren that wakes me from my precious sleep – both sounds are privately protected, making their recording, reproduction and broadcast illegal.while there are legal mechanisms for protection against repeat offenders, and many of us are committed to a culturally conditioned moral obligation re sound dispersion, there are no legal limits – i can call the police, but the football siren is already within legal standards and still permeates the private domain of city dwellings. the noise abatement legislation is only applicable to regular breaches of the law, and takes some time to sort out, but it does not apply to singular occurrences which, although within legislated limits, still disturb. additionally, the laws are based on amplitude and do not really address the issue of propagation. the ownership of the sound is not addressed in these legislative mechanisms – it should be; if the sound is an emblem of corporate identity, we should be able to choose not to be exposed to it, in the same way that we can place a ‘no junk mail’ sign on our letter boxes. acknowledgement of the private domain is sacrosanct in other areas of legislation, in fact heavily policed, but not addressed in discussions of the acoustic environment beyond amplitude limitations.

Constitutional review of legislation is the power to examine statutes for their conformity with the constitution. This competence is performed by the judiciary. The origins of this institution date back to XIX century and since that time constitutional review of legislation has became an important institution in most democratic states. In the paper, the author answers the most important charge raised against constitutional review – that it lacks democratic legitimacy. According to Jeremy Waldron, there is always a loss to democracy when a majoritian decision is overruled by a politically unaccountable court. As an answer to Waldron’s objection, the author introduces three arguments for the democratic status of constitutional review. These arguments point to three different sources of legitimacy for constitutional review: democratic will of the people, the principle of respect for the democratic reason, and substantial democratic values.

This article addresses selected problems related to the complex topic of changes in EU and national legislation. The considerations contained in the article focus on the so-called previous effectiveness of an EU directive and on the retroactivity of (ordinary) laws passed by EU Member States. The research perspective concentrates on the functioning of these institutions in the face of the principles of legitimate expectations and legal certainty. The article utilizes primarily and predominantly the analytical method, as well as the empirical method, making use of the extensive case law of the EU Court of Justice and the Supreme Administrative Court. As a result of the research, it shall be stated that, first and foremost, the source of legitimate expectations of an individual cannot be an EU directive during the transposition thereof in an EU Member State. Secondly, the principle of legal certainty is not precluded by the exceptional retroactive effect of a normative act, due to the need to protect the public interest, provided that legitimate expectations of individuals are guaranteed.

According to I. Pernice, the European Union has to be distinguished from an international organization for four reasons at least.First, there is no international organization where citizens have their own political representation and participate in the decision-making process. Second, direct legal action against individuals by directly applicable legislation does not happen. Third, the question of protection of fundamental rights against such ‘international’ power is not an issue. Last but not least, ‘no international organization provides for legal remedies of individuals against measures of that organization since there is no action having direct effect to the individual’. Therefore the author believes that the EU is an organization of citizens albeit having an appearance of an organization between states.Nevertheless one needs to remember that the European Union was founded as an intergovernmental organization by the European states on the principles of international law. That is why it has to be treated as a legal entity comprising the category of international organizations.Inasmuch as the role of individuals in the EU law-making process has been strengthened, their position was rather poor at the beginning of the European integration process. A direct right for individuals to submit a proposal for a legal act to the Commission is a great novelty not seen until now. Strengthening methods of democratic law-making by involving the European Parliament as well as national assemblies in the ordinary legislative procedure is again a fresh start. It is much the same with the system of judicial remedies differentiating the EU legal order from the horizontality of classical public international law.International law as a source of legitimacy for the European Union has always been and is still valid. Nonetheless the history of EU integration demonstrates the continuous evolution of that legal system. Therefore it is increasingly more difficult for lawyers to describe precisely what type of international organization and juridical entity this phenomenon is. It is all the more intricate while seeking a definition in the world of classical international law.An unravelling comes with Rafael Domingo’s theory as the European Union fulfils Domingo’s conditions to become an anthroparchic community of law. It happens through its legal order and participation of non-state actors in the law-making process. In such a case one can believe this juridical entity is also a subject in global law.European integration in the perspective of international law has been being widely analysed so one can easily find some critical papers in this field. This subject has also been examined by political scientists. ‘A sui generis political entity’ as a term defining the European Union is well established in the theory of international relations. Les hommes politiques go even further in their descriptions naming the European Union an unidentified political object (UPO) or the first non-imperial empire. Regrettably these terms cause more confusion than explanation.Despite the fact how descriptions assigned to the European Union are creative and diverse, agreement on what is the actual shape that the EU is taking is by no means easy. The size and functioning of the EU has been shaped and reshaped over the course of history. However the goal of an emerging ‘ever closer union’ is still in search of the paths of real and not ideal accomplishment. In fact, most institutional innovations bear some relation to past experience and borrow from it.

This article argues Mexico’s war on drugs was a tactic by elites in both the United States and Mexico to legitimate the Mexican neoliberal state’s political, economic, and ideological governance over Mexican society. Through tough on crime legislation and maintenance of free market policies, the war on drugs is a “morbid symptom” that obfuscates the crisis of global capitalism in the region. It is a way of managing a crisis of legitimacy of Mexico’s neoliberal state. Through arguments of Mexico as a potential “failed state” and a “narco-state,” the United States has played a leading role by investing in militarized policing in the drug war and securitization of Mexico’s borders to expand and maintain capitalist globalization. In the twenty-first century, the ideology of manifest destiny persists, but instead of westward expansion of the U.S. state, it serves as the maintenance and expansion of global capitalism.

BackgroundTrauma systems improve mortality for the most severely injured patients; however, these systems are managed by individual states with different funding mechanisms, which can lead to inconsistencies in the quality of care. This study compiles trauma system legislation and regulations of funding sources and creates a trauma funding categorization system. Such data help to inform the systems of trauma care delivery within and between states.MethodsOnline searches of state statutes were performed to establish the presence of legislative code to establish a trauma system, the presence of legislative code that funds these trauma systems, and the amount of funding that was allocated to each state’s trauma system in fiscal year 2016 to 2017. Following this, each state’s trauma system was contacted via email and telephone to further obtain this information.ResultsSpecific state legislation creating a trauma system was identified in 48 states (96%). Data for categorization of trauma system funding were obtained in 30 states (60%). Of these 30 states, 29 have legislation funding their trauma systems. 17 states funded their trauma systems through general appropriations legislation, 10 states used percentages of fines from criminal and misdemeanor offenses, and 7 states used fees and taxes. New York state does not have any specific funding legislation. Individual state financial contributions to state trauma systems ranged from $55 000 to $25 899 450, annually.DiscussionThere is a limited amount of trauma system funding details available, and among these there is wide variation of funding source types and amounts allotted toward trauma systems. It is difficult to obtain and summate legislative information for use for surgical health policy advocacy efforts. Further study and method development to disseminate comprehensive and comparative legislative and regulatory data and information to physicians and other trauma system stakeholders are needed.Level of evidenceIII, economic and valued-based evaluation; analyses based on limited alternatives and costs; poor estimates.

In Slovakia, the large-scale acquisition of agricultural land in combination with land concentration represents a legitimate threat that can lead to land grabbing. Based on the research, two interrelated areas of protection need to be effectively regulated to limit land grabbing: the protection of access to land and the protection of agricultural land. Due to the absence of relevant data analysis regarding this issue, the main aim of the study was to analyse the emergence of land concentration in Slovakia based on historical and cultural factors and to evaluate the current legislative and institutional framework of both aspects of land protection with a possible impact on the successively graduating threat of land grabbing. In particular, analytical methods were used, presenting the data from secondary literature sources, a questionnaire survey, and representatives of the Ministry of Agriculture and Rural Development in Slovakia. The research shows that although the state has adopted the necessary legal framework for the protection of property rights to agricultural land, it is not possible to enforce it, as the institutional framework for its implementation is absent. It is also the state’s malfunctioning land protection regulatory mechanism and the absence of indirect action instruments that may be key indicators leading to the processes of industrial agriculture. Therefore, the adoption of legislation limiting agricultural land acquisition is important, but the processes of land grabbing presume the state’s complex provision of a regulatory mechanism and adoption of strategic measures aimed at sustainable land quality and food security.

In the current era of globalization, when national borders are no longer clear, the existence of written law (jus scriptum), especially in the field of legal studies, namely legislation, has become a basic human need in efforts to achieve justice, peace and legal certainty. Based on the background of the problem, the formulation of the problem is: 1) how the role of legislation in the Indonesian constitutional system; 2) the function of legislation in the formation of national law. This study uses normative juridical research methods that are qualitative in nature. The data source used is secondary data sources, while the method of collecting data in researching research objects is library data obtained through library research. The results of this study illustrate that the role of legislation is increasingly important as a claim for the principle of legality as one of the characteristics of the rule of law, and the function of legislation confirms that the laws and regulations contain government policies primarily as a means of legitimacy for the government to run the government.

Jury Président : Gilles Bibeau Directeur : Patrice Brodeur Membre du jury : Harith Al-Dabbagh Examinateur externe : Dominique Avon
À l’égard du lien entre le religieux et le politique, le XIXe siècle a été marqué par le rétablissement de grandes questions et par la mise en oeuvre de sujets innovateurs dans la pensée égyptienne par les grandes figures de al-Nahḍah (Renaissance), alors que le XXe siècle a été empreint d’une forte polarisation entre les courants du réformisme musulman, de l´islamisme holiste activiste et du libéralisme humaniste musulman. Maintenant, qu’en est-il des prises de position adoptées par les intellectuels égyptiens contemporains (2011-2015) à ce sujet ? Quelles sont leurs principales expressions de la conception de l’État au prisme de ce lien ? En quoi ces orientations courantes reflètent-elles des continuités, des évolutions ou des ruptures dans la conception de l’État par rapport à la pensée égyptienne moderne (1805-2010) ? Pour pouvoir donner des pistes de réponses à ces questions, les principaux travaux et interventions de 22 intellectuels seront étudiés et analysés, et ce, autour de la conception de l’espace public, de la source de légitimité et de la légifération, toujours au prisme du lien entre le religieux et le politique. Il s’agit principalement d’intellectuels qui, malgré leurs apports et leur influence sur la scène intellectuelle égyptienne actuelle, sont quasi absents de la littérature, surtout française et anglaise. Et c’est par le biais d´une approche interdisciplinaire, appliquée et critique que leurs discours seront examinés.
With respect to the relationship between the religious and the political, the 19th century was marked by the resituating within Egyptian thought of innovative questions and subjects by the great figures of the Al-Nahdah (Renaissance), while the 20th century was characterized by a pronounced polarization between Muslim reformism, activist holistic Islamism and Muslim humanistic liberalism. What of the positions of contemporary Egyptian intellectuals (2011-2015) in this regard? What are their primary expressions of conceiving the state through the prism of the relationship under discussion? How do these current approaches reflect continuities, evolutions or ruptures in conceiving the state with regard to modern Egyptian thought (1805-2010)? To propose avenues for answering these questions, the principal works and other contributions of 22 intellectuals will be studied and analyzed taking into consideration the conception of public space, of the State’s source of legitimacy and legislation, again viewed through the prism of the relationship between the religious and the political. Most of these intellectuals are virtually absent from the literature – especially the French and English – despite their contributions and their influence on the contemporary Egyptian intellectual scene. Their discourses will be examined using an interdisciplinary, applied and critical approach.

The first step in evaluating and proposing an alternative to current EU Translation is determining which language version is and should be the original text and thus the “source text” for translation into the other language versions. Notwithstanding the rules and rhetoric of EU’s Institutional Multilingualism, English is in reality the language that participants in the EU legislative process use primarily to draft and debate EU legislation. Analogously, the Court of Justice of the EU appears to give more weight to a small number of widely used languages when interpreting EU legislation, particularly the English language version. Europe’s cultural diversity and EU’s democratic legitimacy demand that EU Institutions acknowledge this reality and accept English as the institutional and pan-European lingua franca. Moreover, they ought to formally recognize the English language version as the original and sole authentic legislative text, and thus as the source text in EU Translation.

Chapter 4 provides an overview of the Eurozone crisis, to serve as a background for the subsequent four chapters which discuss in turn each of the four EU actors’ particular pathways to legitimacy, including their sources of power and grounds for throughput legitimacy, along with the Janus-faced public perceptions of their Eurozone governance. The chapter begins with a brief review of the history of European Monetary Union (EMU), describing the trials and tribulations in the run-up to the Maastricht Treaty and member states’ very different ideas and discourse related to monetary integration, as illustrated by the differences in German, French, and Italian views. It then considers what happened at the time of the introduction of the single currency. The chapter follows with the initial responses to the Eurozone crisis during its fast-burning phase, characterized by a doubling down on the rules of the Stability and Growth Pact. It elaborates on the trials and tribulations at the inception of the crisis, on EU actors’ initial actions and reactions, and on institutional innovations such as banking union. It also provides further details on legislation and treaty agreements, as well as on the ideas underpinning the policy responses. The chapter ends by considering the benefits and drawbacks of EU actors’ subsequent reinterpretation of the rules by stealth during the Eurozone crisis’ slow-burning phase, arguing that although rules reinterpretation may have improved policy responses (output), not admitting this raised questions of accountability and transparency (throughput), while failing to address problems of political legitimacy (input).

This chapter reviews the contrasting experiences of Rwanda and China. It does so to show how an early-stage and late-stage capitalist transformation might reveal risk involved in developmentalism. Rwanda’s post-genocide government is analysed as early-developmentalist. Here the focus is on agricultural transformation. An analysis of Rwanda’s developmentalism focuses on the insecurity of the elite, the insecurities of the region, and the challenges of reconstruction. The Chinese case starts with the accession to power of the Chinese Communist Party. It looks at the violence of the Great Leap Forward and then the post-Mao period. It analyses the sources of growth in China since 1978, showing how the state’s legitimacy shifted from socialist nationalism to a growth obsession in which capitalist accumulation became the source of legitimacy. It emphasizes China’s massive nut incomplete progress in poverty reduction and transformation.

Arab Gulf rulers face incentives to develop non-economic sources of legitimacy to maintain popular support while maximizing scarce resource revenues. By sowing communal distrust, highlighting threats, and emphasizing their ability to guarantee security, regimes can reinforce domestic backing and dampen pressure for reform more cheaply than by distributing welfare benefits. Survey data from four Gulf states (Bahrain, Kuwait, Oman, and Qatar) demonstrate that governments can effectively cow populations into political inaction even as the economic benefits citizens receive are dwindling. Gulf regimes establish electoral and legislative rules that institutionalize cleavages based on identity politics. Official national narratives in the Gulf are frequently exclusive, highlighting differences among citizens and privileging certain population segments over others. Gulf regimes thus have economic and political incentives to embellish or manufacture domestic and external threats, in order to heighten popular concerns over security and so lower the cost of accruing political support. Gulf rulers are often unable to manage social tensions once unleashed, and some have ended up stoking the very dissent they wished to suppress. This is a precarious strategy that carries serious risks to citizen welfare and the long-term survival of regimes.