Journal articles 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.

Abstract Water source protection is essential to ensure the provision of safe drinking water. In Haiti, and elsewhere, this is a dynamic requirement affected by population growth, not least in urban areas. In this paper, the principles of legitimacy, integration, inclusiveness, and capacity have been used to gauge and understand the institutional environment regarding water source protection for urban drinking water provision. The research was based on a review of official documents and key informant interviews. The absence of robust legislation can result in a misinterpretation of institutional responsibilities with respect to both water and land management. The legitimacy of some key institutions is questioned due to unclear legal status, particularly when they are directly appointed by central government. Some institutions have gained recognised authority as a result of their sectoral prominence but lack legal backing. Particular initiatives may foster the integration of stakeholders but, without involving all necessary sectors, agencies and levels of government, their sustainability is questionable. Technical, structural and financial institutional capacities appear limited, hampering the implementation of initiatives and their continuity, also compounded by institutional dependence on external funds and high turnover of administrators.

Attitudes toward alternative spirituality in Russia are shaped by legislative limitations on religious freedom, the state’s traditionalism, and Russian Orthodox anticultism. Nevertheless, public personalities associated with new religious movements persist and flourish. Oleg Torsunov, popularizer of Vedic Psychology and holistic medicine, is a striking example. Despite ongoing controversies about his religious affiliation, medical claims, and gender ideology, Torsunov continues to attract followers. This article examines why public figures such as Torsunov seem unsinkable in hostile cultural environments. Mapping the heated discursive landscape surrounding Torsunov, I argue that the secret to this resilience is a “legitimation lattice”—the strategy of grounding one’s authority in several sources of legitimacy. Torsunov’s lattice is composed of different interlocked strips: science, Indian spirituality, personal charisma, and common stereotypes. This structure increases the resilience of controversial public figures in two ways: by making their legitimation strategies flexible and by allowing them to emphasize mainstream values as needed.

The subject. The article is devoted to the legal analysis of the legitimacy of the activities of public authorities and the process of their legitimation in the Russian Federation, as well as other problems of national democracy. The legal understanding of the concept of "people" as the only source of power and the bearer of sovereignty is considered, a distinction is made between these properties.The purpose of the article is to identify its essential features the category of legitimacy, identify problems related to the reflection of the political will of Russian citizens in the organization and activities of state authorities and local self-government. The purpose of the article is to substantiate also the differences in the characteristics of the people as the only source of power and the bearer of sovereignty, which has a significant impact on the processes of legitimation of public authorities in the Russian Federation.The research methodology consists of general scientific methods (analysis, synthesis, dialectics) and legal methods (formal-logical, comparative-legal, historical-legal, forecasting method).The main results and their area of application. The author considers legitimacy not only as the consent of the people with the normative legal acts adopted by public authorities, but also as universal approval and recognition of their organizational activities, expressed by citizens through the institutions of direct democracy. The legitimacy of public authority is an attribute of a constitutional state with a social orientation. The article notes a few features characteristic of the domestic process of legitimizing public authority. The procedure for the formation of the Federation Council of the Federal Assembly, in which Russian citizens do not participate directly, starting from 1995 to the present. The cancellation and return of direct elections of heads of constituent entities of the Russian Federation, the impossibility of electing the heads of municipalities directly by the population (in many cases). A complicated procedure for the implementation of active and passive electoral rights in the Russian Federation, expressed in the establishment of several formal require ments. Constant changes in electoral legislation before election campaigns are among these characteristics.Conclusions. The results of research are summarized and conclusions are drawn about the current state of legitimacy in the Russian Federation. A few measures are proposed to improve the process of legitimizing public authority. The author proposes to distinguish between the legal characteristics of the people as the bearer of sovereignty, understanding by it all Russian citizens and as the only source of power, which is formed by the voters.

The paper deals with the correlation of the principles of law and justice throughout the history of Russian and foreign legislation. In ordinary people’s ideas, law and law have always been associated with justice. The effectiveness of any law depends primarily on its fairness. Therefore, positive results in this direction can be achieved only if laws, by-laws, and other sources of law meet the requirements of justice. The author substantiates the thesis that in order to establish the right balance between justice and legality, first of all, it is necessary to take into account their importance as social regulators of the harmonious relationship of the individual with society. The formation and implementation of the principle of legality in the activities of the Russian state and the life of Russian society for many centuries of state and legal development of Russia remained, and still remains, one of the main trends in the activities of the true state power. The process of legal registration of requirements of law in the Russian law has come a long process from the first germ of its fixation in the early stages of legal development, to a sufficiently clear and unambiguous definitions and requirements in the beginning of the XXI century is Considered the Genesis of consolidation of legality and justice in the Russian legislation with the IX — the beginning of XXI century in the legislation of foreign countries. A study of the pattern of manifestations of legal justice suggests three modifications: legal justice according to the custom (as the unwritten law), legal justice for official legitimate law (the formal law) and legal justice, scientific and doctrinal. The author dwells in detail on the theoretical and philosophical characteristics and definitions of law and legal structures, based on the works of S.L. Frank, P.G. Vinogradov, V.S. Solovyov.

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

Countering political extremism is one of the main tasks of state policy in the field of crime prevention. During the period of electoral processes, the violation of the law particularly criminal law becomes frequent and unavoidable. The rules of law guarantee the legality and legitimacy of voters, candidates, electoral associations, electoral commissions and other electoral participants actions. In this article, the author focuses on the special relevance of authorized bodies activities to counter political extremism during an election in order to protect the foundations of the constitutional system and states security. The author reviewed the main sources that form the legal basis for tackling extremism during the election campaigns. The analysis of certain provisions of regulatory legal acts in the field of opposing of manifestations extremism including during the electoral period was done. In particular, the most strategic state policy for protecting society from destructive influence of extremism are discussed. Based on the analysis of some provisions of regulatory legal acts the author comes to the conclusion that it is necessary to improve legislation in this area.

AbstractThe intensification of integration led to the establishment of supranational structures, which influenced the volume of regulations and interaction between states, interest groups and the will of the people. The European Union is beginning to regulate several areas of public life and is gradually shifting the balance of regulations in relation to internal policies. As a result, the national governments are trapped between the interests of different economic and social groups and domestic politics, which is gradually becoming an element that is no longer representative for nationals. This article proposes a historical analysis of the matter with emphasis on how, the new approach has changed the paradigm of formulating European public policies from a classic method of regulation, in which the Commission collaborated with stakeholders and expert communities in developing regulation, to a subsequent one that embraced the method of policy coordination. The paper also aims to demonstrate the usefulness of transparent legislation in the field of relations between interests and decision-makers, especially in Eastern European states. The analysis was elaborated by researching primary and secondary sources plus the presentation of a representative case study. Lobby regulation is a recent concept in most Member States. Currently, only seven Member States have legislation on lobbying, as well as a mandatory register of interest group representatives. In some countries, there are codes of professional ethics drawn up by public relations and consultancy agencies, but they are not included in any set of laws. Future regulation will have the capability to create the premise of drafting rules between interest groups and state structures? Which are the essential principles that must be respected in the interaction between lobbyists and decision makers? Is the transparency of their efforts essential to legitimate the service of democracy?

<p><em><strong>Abstract</strong></em></p><p><em>Pancasila is not only a source of derivation of legislation, but also a source of morality, especially in relation to the legitimacy of power, law and various policies in the implementation and administration of the state. The existence of the first precept of "The Almighty Godhead", and the second precept of "Fair and Civilized Humanity" is the source of moral values </em><em></em><em>for national and state life. The state of Indonesia which is based on the first precept of "The Almighty God" is not a "theocracy" state which bases state power and state administration on religious legitimacy. The power of the head of state is not absolute based on religious legitimacy but based on legal legitimacy and democratic legitimacy. Therefore, the principle of the principle of "Godhead of the Almighty" has more to do with moral legitimacy. This is what distinguishes the Almighty God from theocracy. The writing method in this journal is a qualitative method, with an interdisciplinary approach. Although in the Indonesian state it is not based on religious legitimacy, morally the life of the state must be in accordance with the values </em><em></em><em>derived from God, especially the law and morals in the life of the state.</em><strong><em></em></strong></p><p><strong><em>Keywords: Political Ethics, Law, Pancasila</em></strong></p><p><strong><em> </em></strong></p><p><strong>Abstrak</strong></p><p>Pancasila tidak hanya merupakan sumber derivasi peraturan perundang-undangan, melainkan juga merupakan sumber moralitas, terutama dalam hubungannya dengan legitimasi kekuasaan, hukum serta berbagai kebijakan dalam pelaksanaan dan penyelenggaraan negara. Eksistensi sila pertama “Ketuhanan Yang Maha Esa”, serta sila kedua “Kemanusiaan yang Adil dan Beradab” merupakan sumber atas nilai-nilai moral bagi kehidupan kebangsaan dan kenegaraan. Negara Indonesia yang berdasarkan sila pertama “Ketuhanan Yang Maha Esa” bukanlah negara “teokrasi” yang mendasarkan kekuasaan negara dan penyelenggaraan negara pada legitimasi religius. Kekuasaan kepala negara tidak bersifat mutlak berdasarkan legitimasi religius, melainkan berdasarkan legitimasi hukum serta legitimasi demokrasi. Oleh karena itu asas sila “Ketuhanan Yang Maha Esa” lebih berkaitan dengan legitimasi moral. Hal inilah yang membedakan negara yang Berketuhanan Yang Maha Esa dengan negara teokrasi. Metode penulisan dalam jurnal ini adalah metode kualitatif, dengan pendekatan interdisipliner. Walaupun dalam negara Indonesia tidak mendasarkan pada legitimasi religius, secara moralitas kehidupan negara harus sesuai dengan nilai-nilai yang berasal dari Tuhan, terutama hukum serta moral dalam kehidupan negara.</p><p><strong>Kata kunci: Etika Politik, Hukum, Pancasila</strong></p>

In the last decades, the American state has radically enlarged the array of policy instruments utilized in today’s governance of the poor. Most recently, through a process of outright “seizure,” the state now exacts revenue from low-income families, partners, and friends of those individuals who in very large numbers cycle in and out of the nation’s courts, jails, and prisons. In an analysis of legislation, judicial cases, policy regulations, blog, chat-line postings, and survey data, we explore this new form of taxation. In doing so, we endeavor to meet two objectives: The first is to document policies which pressure individuals (mostly men) entangled in the court and prison systems to rely on family members and others (mostly women) who serve as the safety net of last resort. Our second objective is to give voice to an argument not yet well explored in the sizeable incarceration literature: that the government is seizing resources from low-income families to help finance the state’s own coffers, including the institutions of the carceral state itself. Until now, no form of poverty governance has been depicted as so baldly drawing on family financial support under the pressure of punishment to extract cash resources from the poor. This practice of seizure constitutes the very inversion of welfare for the poor. Instead of serving as a source of support and protection for poor families, the state saps resources from indigent families of loved ones in the criminal justice system in order to fund the state’s project of poverty governance.

The nomination of incumbent Pierre Nkurunziza to stand again for president in the 2015 national elections triggered a political and security crisis in Burundi. A crucial element in the controversy around his third term was the legality of his candidacy. This paper analyses how domestic and international actors responded to the legal loopholes that characterised Burundi's term-limit legislation. Three responses are distinguished. First, quite paradoxically, an argument was put forward by third-term supporters that stressed constitutional legality, a value usually invoked by third-term opponents. Second, a peace agreement was referred to as a source of legitimacy and as a legal norm. Third, a Constitutional Court ruling was invoked to address the legal loophole. Despite the apparent irrelevance of legal norms in an increasingly authoritarian environment, law significantly shaped the dynamics of the third-term debate and of the wider crisis. The Burundi case also illustrates the limitations of constitutional engineering of democratic governance.

The following article attempts to answer the question of whether, in view of the procedural rights of a victim and a claimant, there is a difference in time line between the legality of their attachment of items and/or documents to the statement (notification) on a criminal offense. Approaches to assessing the legitimacy of the source and method of obtaining evidence in compliance with the requirements of the legislation in accordance with the beginning of the pre-trial investigation regarding the items and documents are also analyzed in the article, since the judicial practice differs in this area. In particular, in investigative and judicial practice there are many cases when a person (official) attaches the items or documents to the statement (notification) in order to substantiate the presence of signs of a criminal offense and to argue such an appeal, while addressing a statement (notification) on a criminal offense to the investigator, prosecutor, other official authorized to accept and register statements and notifications of a criminal offense. However, the judicial practice on the application of the provisions of Articles 84, 86, 214, 237 of the CPC of Ukraine in their relationship differs in terms of assessing the admissibility of evidence - the legitimacy of the source and method of obtaining evidence, in compliance with the requirements of the legislation regarding the items and documents, attached (provided) by a person to the statement (notification) on committing a criminal offense. According to the results of the abovementioned scientific and practical searches, the following can be stated: � the victim may exercise his right to produce evidence to confirm his statement from the moment of entering the relevant information into the Unified Register of Pre-trial Investigations, while the applicant has the right to produce his items and documents to the statement for confirmation both before entering information into the Unified Register of Pre-trial Investigations, and during the pre-trial investigation stage; � the powers of the investigator, prosecutor including, among others, the conduct of an inspection in accordance with Article 237 of the CPC of Ukraine, the documents and/or items attached to the statement (notification) after entering the relevant information about the criminal offense in the Unified Register of Pretrial Investigations; � the protocol drawn up by the investigator during the examination of items and/or documents must meet the requirements of Part 3 of Article 104 of the CPC of Ukraine. The protocol is also a procedural source of evidence according to the provisions of Part 2 of Article 84, paragraph 3 of Part 2 of Article 99 of the CPC of Ukraine.

The paper examines the features of antimonopoly regulation of business activity in the context of regulatory framework. Based on the analysis of competition legislation and the standpoints of modern researchers in the field of antimonopoly regulation, the author identifies the mechanism for changing the structure of the commodity market, as well as the mechanism for implementing market power. Antimonopoly regulation is the main area of normative regulation of business activity, in which public interests prevail over private ones, limiting freedom of business activity, which, in turn, requires a more thorough development of the state’s position in relation to business entities. It is emphasized that a complete ban on monopolies is inappropriate, since they often act as a source of technological changes in society. In addition, within the framework of the state competition policy, public interests are realized and the development of certain sectors of the economy is supported. As a result of the study, the author concludes that the use of prohibitions per se should not become a general rule in the implementation of antitrust regulation, and it is necessary to define clear criteria for the use of these prohibitions.

Because of its environmental damage and now often being the most expensive source for electricity production, coal use is declining throughout the United States. Michigan has no active coal mining and seemingly supportive legislation for distributed generation (DG) and renewable energy (RE) technologies. However, Michigan still derives approximately half of its power production from large centralized coal plants, despite the availability of much lower cost RE DG technologies. To understand this conundrum, this study reviews how Michigan investor owned utilities utilize their political power to perpetuate utility structures that work toward the financial interests of the utilities rather than the best interests of the state’s electricity consumers, including other firms and residents. Background is provided covering the concept of DG, the cost savings associated with DG, and utility regulatory regimes at the national, regional, state, and local levels. Recent case studies from specific utility strategies are provided in order to illustrate how Michigan utilities manipulate regulatory regimes via policy misinterpretation to deter or hinder the proliferation of DG in favor of maintaining the existing interests in centralized, fossil fuel-based electrical energy production. The results of this study demonstrate how DG proliferation is hindered by Michigan regulated utilities via the exercise of political power within existing legal and regulatory regimes. This highlights the need to think about how utilities may interpret and implement rules when designing energy legislation and policy to maximize the benefits for consumers and society. Policy recommendations and alternate strategies are provided to help enhance the role of energy policy to improve rather than limit the utilization of RE DG.

There has been significant attention paid to explaining and understanding the impact of the UK’s vote to leave the EU on UK politics and its constitution. There has also been criticism of the political campaigning, from both the “leave” and “remain” sides, and of people’s understanding of what they were voting for. There has been limited discussion, though, of how to improve the quality of campaign deliberation, which is fundamental to the legitimacy of both representative and direct democratic processes. Using the UK’s vote on EU membership as a case study, this article examines the importance of the law to regulate and improve deliberation prior to direct public votes on specific policy issues. It also considers options for changes to the law and for its implementation, using the current provisions about false statements in electoral law as a starting point. The article argues that the quality of deliberation during UK referendum campaigns needs to improve and that legal regulation should be developed. There are, however, significant challenges in drafting legislation that appropriately defines and limits the use of misleading statements, and at the same time avoids excessive restriction of free speech, or an excessively political role for regulatory bodies and the courts. Given the nature of political campaigning and the challenges in reducing the use of misleading statements by political actors through legal regulation, increased deliberative opportunities for citizens are proposed as a complementary, perhaps more effective means to positively enhance deliberation in political campaigns. Whatever approach is taken, direct democracy needs to be combined effectively with representative democracy, based on a common underlying principle of the importance of deliberation, and not treated as a separate part of a state’s democracy.

In recent years, raw milk has emerged as one of the most contentious food commodities, considered a serious health risk by public health officials and a source of healing and nourishment by raw milk proponents. The purpose of this article is to explore the ways in which consumers construct and experience trust in food that is often procured in informal markets. Because the image of an overreaching, exploitative government features prominently in popular narratives surrounding raw milk consumption, this article is explicitly concerned with the role of the state in public food debates. Drawing on two complementary empirical cases of raw milk consumption in the United States and postsocialist Lithuania, I argue that there are two competing projects that underlie the struggles surrounding raw milk provisioning in both sites: the politics of recognition and the politics of sovereignty. As similarly argued by Charles Taylor, the politics of recognition emphasizes the efforts of raw milk consumers to be accepted, supported, and recognized by the larger polity, including its public health institutions, legislative bodies, and welfare state. On the other hand, raw milk proponents call for sovereignty, postulating that food choices and intake should lie outside of state prerogatives. More broadly, this study reveals how trust in a food product is tied to the ongoing legitimacy crisis of the modern state, and in particular how a renewed value of locavorism becomes anchored in a fundamental distrust of the postindustrial, postwelfare state and its institutions.

Ethnic conflicts issue has perturbed China for quite a long period, hence China is not a one-Unified nation, PRC is very clear that Xinjiang was and is part of China just like its other disputed territorial claims and it does not recognize the Uyghurs as the indigenous people of Xinjiang calling them settlers. In this paper, I have studied the PRC’s official history of Xinjiang and the historians’ history who are specialized in Xinjiang and the Silk Road history to understand the two different narratives that are fundamentally different and incompatible from each other. The framework used is the typology of qualitative studies as this is helpful to assess the situation theoretically and categorize accordingly. Beijing is very harsh towards the Uyghurs and has detained over one- million of the Uyghurs for ‘re-education’ to show its legitimacy and they are considered a threat to the state’s existence, post 9/11 China has been using this global Islamophobia wave justifying that all steps taken by the state are to combat radicalization. This paper is not about the Uyghurs trace being found connected to external non-state actors, whereas the study takes a dig in securitization discourse discussing that, the Uyghurs does not have a structured way of attacks like terrorists, its more of showing dissatisfaction against the authorities because neither they have the autonomy nor have any rights to exercise. The Chinese policies are countering them back in terms of attacks because the Uyghurs are relatively deprived and they are in a constant source of competition with the Han Chinese.

Military intervention is a crucial tool used to compel nation states to abide by the principles of international law. The United Nations, through its Charter (Chapter VII) authorises the use of force by the UN and or regional organisations as a legitimate scheme of settling international disputes. A closer look on the majority of these interventions, however, shows that the conduct of the forces taking part in these interventions turn to violate some crucial principles of international law. Additional Protocol 1 of 1977 to the 1949 Geneva protocols provides for the regulations in terms of the conduct of forces in an armed conflict to minimise civilian carnage and injuries as well as damage on civilian objects. This paper assessed the effectiveness of International Humanitarian Law (IHL) in cases of a military intervention. The study was a case study focusing on the experiences of the North Atlantic Treaty Organisation (NATO) forces that intervened in the former Federal Republic of Yugoslavia (FRY) in 1999. The study depended on secondary sources of information. The paper reveals that forces taking part in these operations normally harm civilian population and objects beyond reasonable proportion if they do not pay attention to the details on the ground. The paper then recommends that more should be done to uphold and adhere to the provisions of Chapter VI of the UN Charter while ensuring that forces taking part in military interventions are parties to key international legislations that govern their conduct to prevent states from purposefully violate the law.

The problem of the effectiveness and efficiency of public authority is the subject of research in various sciences, including the legal one. In particular, from the standpoint of the domestic science of constitutional law, it is of interest to study the foundations of the organization and functioning of public authorities and management at various levels in a given period of time to develop recommendations aimed at improving the activities of government bodies. The 2020 constitutional and legal reform introduced significant adjustments to the organization and activities of not only the highest bodies of state power. Strengthened the interaction of public authorities and local self-government, which together form a single system of public authority and carry out interaction in order to most effectively solve problems in the interests of the population. Despite the ambiguity of the category “public power”, one of its properties is the activities legitimacy of the bodies that exercise it. In this regard, at present, there are a number of problematic aspects related to the procedure for the formation (formation) of higher bodies of state power and local self-government and the degree of participation of citizens in it (for example, citizens do not participate in the direct formation of the Federation Council, heads of municipalities are not elected by the population). Until now, the science of constitutional law continues to discuss the legal content of the concept of “people”, which is one of the key issues in the process of legitimizing public authority. In the article, the author proposes to find out the difference between the legal understanding of the people as a “source of power” and as a “bearer of sovereignty.” Considering public power, the author reveals such an inalienable property of it as legitimacy. Analyzing the problems of public administration in the Russian Federation, the author proposes a number of measures aimed at improving the legislation.

The article is devoted to the autonomous meaning of the term «property» used by the European Court of Human Rights. Emphasis is placed on the fact that in national legal systems, approaches to defining the concept of proper-ty, property rights have been and remain different. The violation of property as ownership exclusively of material things, excluding other rights and interests (substantive legal interests), the application of a formal classification of objects of law leads to violations of the right of everyone to own, use and dispose of their property by public author-ities and local governments. property. As the judgment of the European Court of Human Rights is a source of law in the member states of the Council of Europe, national law cannot contradict the Convention and the case law of the European Court of Human Rights.It is noted that the European Court of Human Rights, applying the autonomous meaning of the term «proper-ty», which does not depend on the formal classification of property rights in the national legislation of the mem-ber states of the Council of Europe, applies the following approaches to the concept of «property», the concept and content of property rights. that would be compatible with national legal systems. As a result of the analysis of the case law of the European Court of Human Rights, it was established that «property» is: 1) ownership of existing material things; 2) assets, including claims that the entity can claim to have at least a «legitimate ex-pectation» that they will be realized; 3) other rights and interests that constitute assets and can be considered as «property rights». Property that falls within the scope of Art. 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms constitute, inter alia, economic resources to which natural persons have no registered property rights, but which have originally belonged to their ancestors and parents for economic activities, as well as income that individuals receive from the use of these resources.

Pancasila sebagai sumber segala sumber hukum sudah mendapatkan legitimasi secara yuridis melalui TAP MPR Nomor XX/MPRS/1966 tentang Memorandum DPR-GR Mengenai Sumber Tertib Hukum Republik Indonesia dan Tata Urutan Peraturan Perundang Republik Indonesia. Setelah reformasi, keberadaan Pancasila tersebut kembali dikukuhkan dalam Undang-Undang Nomor 10 Tahun 2004 yang kemudian diganti dengan Undang-Undang Nomor 12 Tahun 2011 tentang Peraturan Perundang-Undangan. Pancasila sebagai sumber segala sumber hukum memberi makna bahwa sistem hukum nasional wajib berlandaskan Pancasila. Akan tetapi, keberadaan Pancasila tersebut semakin tergerus dalam sistem hukum nasional. Hal demikian dilatarbelakangi oleh tiga alasan yaitu: pertama, adanya sikap resistensi terhadap Orde Baru yang memanfaatkan Pancasila demi kelanggengan kekuasaan yang bersifat otoriter. Kedua, menguatnya pluralisme hukum yang mengakibatkan terjadinya kontradiksi-kontradiksi atau disharmonisasi hukum. Ketiga, status Pancasila tersebut hanya dijadikan simbol dalam hukum. Untuk itu, perlu dilakukan upaya-upaya untuk menerapkan Pancasila sebagai sumber segala sumber hukum dalam sistem hukum nasional yaitu: pertama, menjadikan Pancasila sebagai suatu aliran hukum agar tidak terjadi lagi disharmonisasi hukum akibat diterapkannya pluralisme hukum. Kedua, mendudukkan Pancasila sebagai puncak peraturan perundang-undangan agar Pancasila memiliki daya mengikat terhadap segala jenis peraturan perundang-undangan sehingga tidak melanggar asas lex superiori derogat legi inferiori.Pancasila as the source of all sources of law has obtained legitimacy legally through the Decree of the People’s Consultative Assembly Number XX / MPRS / 1966 on the Memorandum of the House of Representatives-Gotong Royong Regarding the Sources of Law and the Order of the Republic of Indonesia. After the reformation, the existence of Pancasila was re-confirmed in Law Number 10 Year 2004 which was subsequently replaced by Law Number 12 Year 2011 on Legislation Regulation. Pancasila as the source of all sources of law gives meaning that the national legal system must be based on Pancasila. However, now the existence of Pancasila is increasingly eroded in the national legal system. This is motivated by three reasons: first, the existence of resistance to the New Order that utilizes Pancasila for the sake of perpetuity of authoritarian power. Second, the strengthening of legal pluralism that resulted in legal contradictions or disharmony. Third, the status of Pancasila is only used as a symbol in law. Therefore, efforts should be made to implement Pancasila as the source of all sources of law in the national legal system: first, make Pancasila as a flow of law in order to avoid legal disharmonization due to the application of legal pluralism. Secondly, Pretend Pancasila as the top of legislation so that Pancasila have binding power against all kinds of laws and regulations so that it does not violate the principle of lex superiori derogat legi inferiori.

AbstractThis article seeks to explore the way in which the Court of Justice of the European Union (‘CJEU’) has interpreted and applied the principle of democracy. It examines first the democratization process upon which the EU has embarked since the adoption of the Treaty of Maastricht and how that transformation was a positive reaction to those voices arguing that the EU suffers from a ‘democratic deficit’. Next, it is argued that the CJEU has understood the principle of democracy in a way which is respectful of the two sources of democratic legitimacy at EU level, namely the Member States and the peoples of Europe. Accordingly, that understanding of the principle of democracy is illustrated by some relevant examples taken from the case law of the CJEU and the European General Court (‘EGC’). Those examples show that the CJEU has strived to protect the prerogatives of the European Parliament, the only political institution of the EU whose members have, since 1979, been elected for a term of five years by direct universal suffrage in a free and secret ballot. Yet, they also show that the principle of democracy is not limited to protecting parliamentary prerogatives. That principle, like all EU constitutional principles, pervades the whole of EU law and, as such, must be read in light of societal changes. As democracy within the EU is not limited to the participation by the European Parliament in the legislative process but also encompasses other forms of governance, in particular rule-making by administrative agencies and the achievement of consensus by social partners, it is for the EU judiciary to make sure that those other forms of governance remain as democratic as possible. This can be achieved, inter alia, by making sure that they enjoy sufficient representation or are subject to parliamentary control. Furthermore, the CJEU and the EGC also take into account new mechanisms which seek to strengthen the principle of democracy, such as the principle of transparency. In so doing, they aim to enhance the democratic legitimacy of the EU by providing sufficient means for EU citizens to hold their representatives accountable. Finally, it is contended that the principle of democracy, as interpreted by the CJEU, draws inspiration from national democracies. In so doing, the CJEU strives to place national and supranational democracies in a mutually reinforcing relationship.

■ Aims The aim of this article is to investigate the problem formulations – the preconceptions about causes and effects and the possible solutions to the problems of alcohol abuse – that characterized the compulsory institutional care of alcohol abusers in Sweden in the 20th century. The article focuses on problem formulations that actually were practised in the institutions. ■ Methods & Data The main source material is to be found in the archives of four institutionalized care establishments and consists of official reports, correspondence, supply estimates, circulars for consideration and – above all – patient records. From this material you can learn about the institutions' struggle for autonomy, expansion and legitimacy, and also about the clients' characteristics and how the clients were viewed. The study of the archives allows you to form a picture of the problem formulations that affected the activities in the institutions directly, a picture that goes beyond the more abstract expectations preferred by official reports and legislation. ■ Results Within the compulsory institutional care actually carried out, the problem formulations that were stipulated in the gender-neutral legislation and vague regulations became gender-specific and precise. The treatment of alcohol abusers was a class and gender related project, aiming not only at encouraging male diligence and the fulfilling of a man's maintenance obligation but also at female virtuousness and concern for the family. ■ Conclusions The history of alcohol abusers' treatment shows that alcohol itself has been a secondary factor in problem definitions which have let themselves be attached – via perceived links with either cause or effect – to more overarching social issues in Sweden. The concerns of emergent family policy in the 1940s, the developmental optimism and scientistic passions of the 1950s, and the systemically critical protest movements of the 1970s are all clearly reflected in trends within social care services for alcohol abusers – albeit much more often at the level of discourse than of praxis.

It is a generally held assumption that the EU economic free movement rights are tools in the creation of a European internal market; and that their main goal is the (negative) market integration of different national markets. Yet these freedoms do not determine how market integration is to proceed, or which kind of integrated European market will emerge. The resulting market may be more or less regulated, and the creation of the relevant regulatory rules may be allocated to a variety of sources. These options are reflected in the different proposed tests used to determine whether a national measure prima facie infringes one of the market freedoms. The proposed tests fall into two main categories—broad tests and narrow tests—and each type has its own implications for European integration. Broad tests, usually associated with obstacle tests or even with economic due process clauses, tend to be seen as having three main outcomes. One result of broad tests is centralization, implying that ultimate decisions concerning the legitimacy of national law rests with EU institutions, and particularly with the Court of Justice of the European Union (“the Court” or “CJEU”). Another outcome of broad tests is the possible harmonization of national laws through the European political process by increasing the amount of national legislation susceptible to being harmonized under Articles 114 to 118 on the Treaty on the Functioning of the European Union (“TFEU”). A third consequence of broad tests is deregulation through the elimination of national rules creating obstacles to trade. Alternatively, narrow approaches-usually associated with discrimination or typological tests-are usually coupled with regulatory pluralism via a greater degree of control of the harmonization competences of the EU, decentralization through the protection of a greater sphere of Member States' autonomy, and economic agnosticism. Views on the potential outcomes of broad and narrow tests are, in turn, related to normative debates about the ideal levels of centralization, harmonization, and regulation in the internal market.

The purpose of this article to identify the hidden economy and money laundering operations and expose the backgrounds, social and banking them, and clarify the relationship between them. Also clarifying the position of the banking system from money laundering practices through the procedures followed, Furthermore to address the size of this issue and the methods used in laundering the money, since money laundering is a phenomena that all world states suffer from because of its negative impacts on social, economic and political aspects in any state. The spread of such phenomena can be attributed to various reasons that may be subjective of procedural, among them the fail of national legislation or the absence of cooperation between the concerned. Due to the impact of such phenomena international, regional and local efforts were exerted to fight this phenomena through international agreements, Purpose to achieve the objectives of the research has been formulated a main hypothesis as follows: The procedures followed and the laws in force in the field of money laundering are still limited to reviewing this phenomenon and besieging and addressing it. The study will employ the analytical method to test its hypotheses. It will be divided into three chapters in its theoretical and practical aspects, money laundering operations and ways of confronting them through the banking system. The first chapter deals with the theoretical framework of the study, which includes three subjects. Money laundering, the second chapter includes the role of the banking system in the face of money laundering, and the third was devoted to presenting the practical side of the role of the banking system in the face of money laundering. The practical side has collected the required liabilities from within the banking system in the province. Finally, conclusions and proposals for the study were reached. It concoded to us Money laundering is an integral part of the hidden economy and appears in the illegal part of it, as it hides the sources of illicit funds and turns them into legitimate sources. And the hidden economy, and without these operations, money would not be able to return to the apparent economy.

The article is devoted to a comprehensive study of land relations as an object of criminal law protection and prevention of criminal offenses in the field of land relations. The author formulated the concept of «land relations», and the study of current legislation, scientific sources provided an opportunity to reveal the essence and content of land relations, to explore the current state of public administration. Land legal relations are public relations that exist in connection with the exercise of the rights and legitimate interests of landowners and land users, their responsibilities; activities of jurisdictional bodies and other entities regarding the possession, use and disposal of land, its rational use, reproduction and protection. Analysis of current regulations, scientific sources made it possible to reveal the essence and content of land relations, to explore the current state of public administration. Land relations are a circle of homogeneous social relations: the subjects of which may be individuals, legal entities, public authorities and local governments, foreign states, international organizations, public associations and organizations – bearers of subjective legal rights and responsibilities; the common object of which is land, and the direct objects may be land, land as a natural resource, including soils, information about land; their content is the relationship of land ownership and land use, their rational use, reproduction and protection, the activities of public administration, in accordance with the specifics of land categories, features of common and direct objects. Based on modern legal understanding, the principles of criminal law protection of one of the fundamental elements of the environment – land resources as an object of the environment, legal relations of land ownership and agricultural activities. The concept of criminal-legal protection of land resources of Ukraine is developed, which is based on the results of a comprehensive study of the stated issues, taking into account modern views and recent achievements of legal doctrine, which includes the legislator, and man as an integral part of the unified system of the latter, and law enforcement – on the use of regulations not only of criminal law, but also a set of departmental legal acts in the process of criminal law protection of land resources of Ukraine.

In the article, the key aspects of the effectiveness of administrative and legal protection are researched on the basis of current legislation and opinions on this issue of scholars in the field of administrative law. The author notes that administrative-legal protection is an institution of administrative law consisting of uniform rules of administrative law whose legal effect is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legal interests of individuals and juridical persons carried out for using administrative tools – forms of administrative activity of public administration, administrative coercion and administrative enforcement. The steady development of social relations in administrative law, the improvement of modern technologies, as well as the formation of an information society, could not but affect the state of efficiency of modern administrative and legal protection. The author states that the effectiveness of administrative and legal protection is an integral part of the theory and practice of such protection. Effectiveness of administrative and legal protection is the ability of public administration based on the norms of administrative law to qualitatively and timely restore violated rights, freedoms and legitimate interests of non-authorized individuals and legal entities, public interest of the state and society. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of the public administration in restoration of violated rights of non-authorized persons are generally fulfilled in the normative-legal acts; insufficient, characterized by frequent cases of non-renewal of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive from the state through the indirect activity of the public administration of protection, and dissatisfaction of citizens acquires a significant social weighty protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and the law-enforcement system is full of corruption, while the norms of administrative-legal protection change their humane and fair essence and themselves become factors of the destabilization of social relations. It is concluded that administrative-legal protection exists through a system of administrative-legal norms, and at the same time it is proved that it can not, from the point of view of epistemology of law, exist in such narrow limits as the state determines, it reflects objective social relations, protects the most important values, Which during this period of time may not yet find the formal registration in the sources of administrative law, is provided on the basis of administrative law and simultaneously governed by the norms of administrative law, which will establish not only the state, although it primarily. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of public administration set forth in normative legal acts in relation to the restoration of violated rights of non-authorities as a whole are fulfilled; insufficient, characterized by non-isolated cases, not the restoration of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive protection from the state through the indirect activity of the public administration; the dissatisfaction of citizens acquires significant social protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and corruption penetrates the law-enforcement system, while the norms of administrative-legal protection change their humane and fair essence and they themselves become factors of destabilization of social relations.

The article is devoted to determining the place of legal doctrine in the system of sources of law and substantiating its importance in the process of protection of human rights as a legitimate basis for legal argumentation. An analysis of current scientific research suggests that today there is no single unified perception of the category of legal doctrine among both legal theorists and law enforcers. The author points out a number of conflicting points that need to be finally resolved. In particular, there is no understanding from which point an idea, concept or view of law can be considered doctrinal. In this case, it is possible to use the experience of Western jurisprudence, which uses a variety of citation indices, which indirectly testifies to the authority of one or another scientific source, as well as informal lists of authoritative among judges of books of lawyers. Also open today is the question of securing binding reference to a specific scientific source by law enforcement entities in the process of reasoning of the decision. According to the author, the doctrine is a source of law in every case where law-makers or law-makers use scientific concepts, ideas, views when making legally significant decisions. The Constitution of Ukraine in Art. 129 by declaring that "the judge is independent and governed by the rule of law", in fact, enshrined the obligation to apply legal doctrine in the law enforcement process. In making its decision, a judge, when substantiating a certain legal position, has the right to refer not only to national legislation, but also to use the results of scientific papers, the findings of the Constitutional Court of Ukraine, etc. At the same time, the problem of recognizing the legitimacy of decisions based on doctrinal approaches is important. Based on the thesis that law is a product of society, an expression of the public perception of justice, then the public will itself will be the primary source of law. No matter which of the official forms of law prevails in a particular legal system, it must be legitimized (recognized) by society, and therefore endowed with a high degree of authority. When analyzing a legal rule, it is necessary to distinguish its textual expression and its actual content. Legal doctrine, as a more dynamic phenomenon than official legal regulation, is able to formulate algorithms for finding the actual content of a rule of law in the context of its application. Given the tendencies in the evolution of legal regulation in the direction of deformation and decentralization, the phenomenon of legal doctrine can be explained using a differentiated approach to sources of law, distinguishing between "hard law" and "soft law" (soft law). By analogy, legal doctrine can be considered as an informal authoritative source of law, which is the intellectual basis of legal thinking and argumentation, formed within the jurisprudence and represents a set of scientifically sound ideas, concepts, views, which formulate effective models and standards for solving current problems of legal practice. Keywords: legal doctrine, human rights, sources of law, legal argumentation.

The article is devoted to the study of the essence of legal doctrine and its role in forming the legal policy of the state. Legal doctrine as a system of dominant perceptions of law in society plays a multifunctional role in the legal life of society: transforming qualitatively positive social and professional sense of justice, legal doctrine contributes to the formation of the foundations of law-making and to improving the practice of law-enforcement and law-implementation. In Ukraine legal doctrine is not officially recognized as the source (form) of law. At the same time, modern European integration processes actualize the issue of need to rethink the essence and purpose of the legal doctrine, its role in the law-making process of the Ukrainian state, since the concept of human-centrism, which occupies a chief place in the European doctrine of law, encourages the Ukrainian authorities not only to reform national legislation according to the European and international standards, but also to fill the laws and other legal acts with new content. Therefore, the author puts the aim to substantiate the importance of legal doctrine that forms the Ukraine’s legal policy, because this issue has not only theoretical but also applied character. The content of such categories as “doctrinal documents” and “doctrinal legal acts” are analyzed in the context of their common and distinctive features, as well as their role in forming and implementing the state’s legal policy. It is noted that the legal doctrine, produced by scientific collectives, acquires the form of doctrinal documents – concepts and doctrines, which play a leading role in forming the bases of law-making and improving law-enforcement practice. Doctrinal documents should form the conceptual foundations for the development of legislation, and therefore, being approved by the authorities, they are transformed into doctrinal legal acts and attain binding nature. There defined doctrinal documents as a form of legal policy, while doctrinal legal acts are the means of legal policy. Doctrinal acts include norms-principles, norms-goals, norms-definitions and other norms of a general nature, which determine the actual problems in a certain sphere of public administration and propose a set of measures needed to solve these issues in the future. Doctrinal legal acts contain conceptual scientifically substantiated provisions that serve as the basis for the development and adoption of specific normative legal acts of a regulatory nature for reforming relevant sectors of the economy. Practical problems of implementing the majority of doctrinal legal acts are noted. It is proposed to solve the problem of legalization of doctrinal legal acts by defining their hierarchical place in the system of normative legal acts due to adopting the long-awaited Law of Ukraine “On Normative Legal Acts”. Keywords: legal policy of the state, legal doctrine, doctrinal documents, doctrinal legal acts, means of realization of legal policy.

Introduction. Problems of local budgeting in Ukraine, lack of financial resources of local authorities and instability of their revenue have been quite topical and still unsolved. Like most countries that emerged from the former Soviet Union, Ukraine has faced very substantial difficulties in maintaining economic growth while at the same time organizing an effective local government and fiscal structure and administration. An important aspect of this task has been to establish clearly defined property rights, including those in land, in order to facilitate market activities while also providing an appropriate fiscal base for local government. Purposes. The article is devoted to the problem of the formation of local authorities’ financial resources, local taxes and dues being their main source including land tax, to the process of formation of land taxation as well as to the definition of its role in the system of functioning of local authorities and state on the whole. The paper contains a comprehensive analysis of land taxation system, and shows its role and place in the state’s economic system. Proceeding from the analysis of the existing practice of land tax levying the author proves the necessity to reform land taxation, improve the mechanisms of levying land tax to insure full and timely income of land tax to local budgets. Results. Nature and structure of land taxation mechanism were proved and approaches concerning it construction in Ukraine were developed. Based on the realized analysis principal trends of collecting land tax in Ukraine were clarified, main factors which have the effect on forming of land taxation mechanism in our state were determined, problem aspects in land taxation which require improvement were emphasized. The mechanism of land tax application in foreign countries was investigated, main directions of land taxation processes optimization in Ukraine were proposed. It is proposed the improving the procedure for administering land tax in terms of conducting normative monetary valuation of land. Conclusions. It was proposed to improve the land tax in the area of its administration and the establishment of tax rates. The author has suggestions and proposals regarding legislation improvement in the sphere of legal regulation of land valuation in Ukraine.

Questions surrounding the legitimate extent of the judicial role have long been the source of controversy. Concerns that unelected and unrepresentative judges are ‘legislating’ rather than interpreting the law or are interfering in matters of ‘democratically endorsed’ government policy, have often been, and will continue to be, raised by academics and politicians alike. The question is one of separation of power— of the appropriate constitutional role and division of functions between the executive, judicial, and legislative branches of the United Kingdom Government. This debate has been given a new dimension by the Human Rights Act 1998 (hereafter HRA), most obviously through the courts' exercise of their power under section 3(1) of that Act—the duty to interpret primary and secondary legislation to be, as far as possible, compatible with ‘the Convention rights’. Indeed much has been made of the unique method by which the HRA reconciles the interpretative obligation under section 3(1) with the sovereignty of Parliament by way of the ‘declaration of incompatibility’ under section 4. The doctrine of parliamentary sovereignty imposes limits on the scope of section 3(1); in spite of its ‘broad and malleable’ language, which might permit ‘an interpretation which linguistically may appear strained’, it does not sanction courts to act as legislators. As Lord Nicholls of Birkenhead noted in Re S; Re W, attributing to a statutory provision ‘a meaning which departs substantially from a fundamental feature of an Act of Parliament is likely to have crossed the boundary between interpretation and amendment’. That case has been seen by some as a retreat from what has been termed the ‘far-fetched’ interpretation of section 3(1) adopted by the House of Lords in the earlier decision of R v A. Nicol, for one, has argued that Re S; Re W and Anderson taken together, clearly reject ‘the notion that “interpretations” could conflict with clear statutory words' — as R v A had arguably suggested — thereby endorsing parliamentary sovereignty, above the Convention, ‘as the country's supreme constitutional doctrine’. For it to retain its legitimacy therefore, the judicial act under section 3(1) needs to remain an exercise of ‘interpretation’: to attribute a meaning to a legislative provision ‘quite different from that which Parliament intended … would go well beyond any interpretative process sanctioned by section 3 of the 1998 Act’. It would ‘not be judicial interpretation but judicial vandalism’.

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».

Purpose This paper aims to examine the adoption of conventional and emergent analysis techniques in Strategic Investment Decision-Making (SIDM) practices in large UK manufacturing companies. It aims to update the current knowledge on SIDM practices in large manufacturing companies. The research question underlying this study: Are recently developed analysis techniques (i.e. those that aim to integrate strategic and financial analyses) being used to evaluate strategic investment projects? Design/methodology/approach The research evidence underpinning this study was made up of primary and secondary data, quantitative and qualitative. Firstly, a survey consisting of a mailed formal standard questionnaire was conducted where each respondent is required to answer the same questions based on the same system of coded responses. Secondly, qualitative data was collected using the annual reports of selected companies. Disclosures were used as supplementary source of information using the explanatory notes and parenthetical disclosures accompanying companies’ financial reporting. Sources for these disclosures included management discussions, analyses of company strategy and risk and forward-looking reports regarding future performance and growth opportunities (such as mergers and acquisitions activities). Accordingly, companies’ disclosures were used in this study as an alternative method to semi-structured interviews to collect qualitative data. More recently, companies such as Rio Tinto have prepared strategic annual reports for 2017 against the UK Corporate Governance Code (version 2016). Findings The choice and use of financial analysis techniques and risk analysis techniques depend on the type of project being evaluated. Decision makers in large UK companies do not appear to use emergent analysis techniques widely. Pre-decision control mechanisms have significant influence on SIDM practices. This includes the changes of internal and external contextual factors, including organisational culture, organisational strategies, financial consideration, comprising formal approval governance mechanisms, regulatory and other compliance policies interact with companies’ internal control systems. Companies incorporate non-financial factors alongside quantitative analysis of strategic investments opportunities. Energy efficiency and carbon reduction are key imperatives of companies’ environmental management. These factors viewed by decision makers as significant factors relevant for compliance with legislation as well as maintaining companies’ legitimacy issues, sustainable business, experience with new technology and improved company image. Research limitations/implications High risk, ambiguity and complexity are key characteristics embedded in SIDM processes. Macroeconomic issues remain crucial factors in scanning and screening investment opportunities, as reported by this study. The early stage of SIDM processes requires modelling under macroeconomic scenarios and assumptions of both internal and external parameters. Key assumptions include: projections of economic growth; commodity prices and exchange rates, introduction of technological and productivity advancements; cost and supply parameters for major inputs. SIDM practices rooted on comprehensive knowledge and experience of the industry and markets to draw subjective judgements about the riskiness of prospective projects, but these are rarely formalized into their SIDM processes. Findings of this study, however, remain within the context of UK companies. This study has its own limitations due to its time, location, respondents and sample selection, the size and the sector of the selected companies and questions addressed. Findings of this study raise a call for future research to examine SIDM processes in different settings to explore the relative impact of various organisational control mechanisms on SIDM practices. Also, to examine the influence of contextual factors (such as national culture, political, legal and social factors) on organisational control mechanisms. SIDM practices and processes have received significant attention from researchers, yet there is a lack of evidence in the literature about how companies approach strategic decision-making regarding divestments of some of their strategic investments. This type of strategic decision-making is not less important than other types of SIDM practices. Practical implications SIDM practices reflect the art and science of steering and controlling organisational resources to achieve a desired strategy. To understand the factors that shape SIDM practices and align them to organisational strategy, more attention is required to the choice and design of pre-decision controls and to the important role of strategic management accounting tools over the more traditional financial analysis techniques that have formed the focus of much prior empirical research. Social implications Key environmental issues viewed by decision makers as significant factors relevant for compliance with legislation as well as maintaining companies’ legitimacy issues and company image. Originality/value Despite their perceived importance in this study, quantitative accounting controls may fail to connect with the kind of investment decision-making required to bring strategic success. Indeed, it has been widely noted that financial evaluation techniques are inadequate for assessing strategic investment proposals; they can only function as a guideline, as SIDM practices involve so many uncertainties, risks and judgements. A key insight from this study is that the achievement of integration between the firm’s strategic investment projects and the overall organizational strategy forms a critical pre-decision control on managerial behaviour at an early stage in SIDM practices. As many strategic investment decisions are one-off, non-repeatable decisions, the information needed to support their evaluation is likely to be similarly unique. Sound SIDM practices require the support of a large amount of varied information, a significant proportion of which is collected and analysed prior to potential capital investment projects being considered, such as information related to strategic goal setting, risk-adjusted hurdle rates and the design of appropriate organisational decision hierarchies.

The article charts the notion of statehood emerging from the COVID-19 pandemic, considering the emotional repertoire and the themes addressed in the government’s crisis communication. The conception and performance of statehood and power in Italy during the COVID-19 emergency rely on four interrelated nodal points: (1) the state’s relationship to citizens, (2) the state’s relationship to regions and local governments, (3) the state’s relationship to politics and the Italian parliament, and (4) the state within international sphere. For each of those nodal points, we have analyzed relevant themes and rhetorical devices following a discourse-historical approach (DHA). Specific efforts have been made to identify the emotional repertoire mobilized by the Italian government in its communication. In the interplay between the dramatic context of crisis and an enduring trend toward the personalization of the government’s leadership, the source of legitimacy has shifted from traditional democratic procedures to the use of emotional capital. The analysis of the Italian government’s communication reveals the features of the emotional capital used during the pandemic, like the ability to display empathy toward citizens’ sufferings, the will to engage in dialog with social stakeholders, confidence in expertise, and the pride and determination to negotiate within the EU. The article concludes that the performance of the prime minister in expressing his emotional states has nurtured the conception of post-COVID statehood, consolidating his individual leadership and flawing the spaces of political conflict.

This descriptive analysis of policy content examined local school district policies on physical restraint and seclusion in one Midwestern state that did not have state legislation on these topics to determine whether districts had policies and, if so, whether their content included recommended principles from the U.S. Department of Education. No previous research has addressed district policies. A maximum variation sample of 90 districts was examined to determine whether policies were in place, whether recommended principles were included, and whether policies varied based on student enrollment. Although almost all districts had policies, many of the federally recommended principles were not addressed across the sample and less than 10% of the district policies indicated that these procedures should only be used in the case of imminent danger of serious injury to self or others. District enrollment size did not affect policy, but the substance of the policy was determined by the districts’ policy source from advising attorneys.

Abstract Why might one argue that the arbitral tribunal should have the “competence” to rule, as of right, upon its own jurisdiction? Is this natural power consistent with the legitimacy of arbitration? Can it unquestionably achieve the greatest level of efficiency for the parties? Although a considerable body of literature has attempted to answer these questions, this article aims to address (and partially reframe) the core issues relating to arbitral jurisdiction by comparing different legal systems and operative solutions in order to search for new and valuable insights on the topic . There is no doubt, in fact, that the orthodox position traditionally starts from the assumption that access to the courts within parallel proceedings, which (also) questions the allocation of jurisdiction, is problematic also due to the risk of delaying tactics by one party. According to this line of reasoning, when the authority of the arbitrators is challenged, the balance between the legitimacy and the efficiency of the arbitration process could be conditioned by prejudices relating to the (necessary) interference of the courts with the power of the arbitral tribunal to determine its own potestas judicandi (or its lack thereof) on the merits. In an attempt to move on from the classical framing of this issue and towards a comparative evaluation of the rationales and values underlying domestic legislation on arbitral jurisdiction, considered also with reference to the provisions of the UNCITRAL Model Law, this article will seek to provide a solution that is rooted in the complementary role of the courts and of arbitral tribunals. The complementarity between arbitral tribunals and the courts will be shown to be key in securing the legitimacy of arbitration and the actual pre-eminence of this source of alternative private justice and, accordingly, also as a way of striking the optimum balance with the efficiency of the arbitration process.

Since COVID-19, we have witnessed a rise in hate crimes and xenoracism globally. Some commentators on COVID-related racism claim that this hate is apolitical. We question this claim, and in this paper, we strive to reveal the underlying politics especially around the ramifications and impact of this hate on racialized (im)migrants and the multiculturalism ideal. Drawing from Foucault’s construct of biopolitics and using Canada as a case study, we wonder how Canadian multiculturalism, which is a source of national pride, has been politically constructed to serve white settler hegemony from its inception to the present. We link political debates around the emergence of a multiculturalism policy in 1971 to the recent debates on multiculturalism and immigration during the 2015 and 2019 federal elections, and the current COVID-19 related national border policies in 2020. Our critical analysis illustrates how immigrants and racialized minorities have been systemically positioned in our legislation as a site to demonstrate the politics of governance, often scapegoated for national unrest and questioned on the legitimacy of their belonging and contribution to the nation. Meanwhile, the very ideal of multiculturalism in Canada has been evoked as the centre of biopolitics to govern ‘Others’ and all.

Resumo: A graça é um instrumento ambivalente, com raízes tanto no direito penal como no constitucional. O objetivo deste trabalho é compreender a dimensão constitucional da clemência real no Brasil império. Analisei duas de suas principais expressões. Em primeiro lugar, tratei da opinião pública, que foi um dos principais elementos da teoria constitucional do século XIX e investiguei como a sociedade civil interagia com os comportamentos do Estado em relação ao perdão. Os principais aspectos abordados foram discussões sobre a legitimidade da própria existência da graça e a pertinência de perdões específicos. Em segundo lugar, tentei entender como o monarca interferiu em certas partes do direito brasileiro para conduzi-lo a um melhor desempenho. A principal área analisada foi o funcionamento do júri. O lugar especial do perdão na paisagem constitucional brasileira do século XIX só pode ser efetivamente compreendido com referência à particular separação de poderes do Brasil oitocentista, que concedia ao imperador um poder especial: o moderador. As principais conclusões foram que a opinião pública, expressa principalmente na imprensa e no parlamento, teve um papel importante tanto na formação do perdão quanto na sua legitimação; e que o imperador, através do poder moderador, usou o perdão para lidar com alguns maus funcionamentos da legislação brasileira.Palavras-chave: graça, misericórdia real, poder moderador, constitucionalismo oitocentista, Constituição de 1824.Abstract: Pardon is an ambivalent tool, with roots both in criminal and constitutional law. This paper aims to understand the constitutional characteristics of royal clemency in imperial Brazil. I analyzed two of these features that can be deemed more prominent. First, I looked into the public opinion, which was one of the crucial mechanisms of 19th-century constitutional theory and investigated how civil society interacted with the state’s impulses regarding pardon. The main aspects I dealt with were discussions on the legitimacy of the very existence of royal mercy and the pertinence of specific pardons. Second, I investigated how the monarch interfered in certain parts of Brazilian legislation to push it into a better performance. The main aspect handled with recourse to pardon was the functioning of the jury. The special place of pardon in Brazilian 19th-century constitutional landscape can only be understood taking into consideration its connection with the particular Brazilian separation of powers, which granted the emperor a unique moderating power. The main conclusions were that the public opinion, expressed mainly in the press and the parliament, had an important role in both shaping pardon and legitimizing it; and that the emperor, through the moderating power, used pardon to cope with some malfunctioning of Brazilian legislation.Keywords: Pardon, royal mercy, moderating power, 19th-century constitutionalism, 1824 Constitution.

It is now almost 15 years since the world witnessed one of modern history’s most devastating terrorist attacks on the United States on 11 September 2001. Despite all its promises, the so called ‘War on Terror’ failed to combat a growing tide of violent extremism. 11 years after the US led offensive on Iraq in 2003, the rise of terrorism by non-state actors in the Arab world presents a significant concern to international security and world peace. Since 2001 Australian Muslims have consistently been called upon to openly reject terrorism committed by a minority of Muslims who adhere to an extreme interpretation of Islamic doctrine that justifies attacks on civilians both in the Arab world and abroad.The responsibility placed on Australian Muslims to actively reject terrorism comes from both official channels through government funded programs under the banner of counter terrorism and countering violent extremism and the public through the popular media. Yet, Muslims in Australia who do speak out against religiously motivated non-state terrorism find themselves in an impossible bind. They are expected to speak out as representatives of a fragmented, heterogeneous and diverse mix of communities and ideologies. Often, when they do speak out, they are viewed with suspicion and presumed to be ‘apologists for Islam’ whose claim to tolerance and the peaceful nature of Islamic doctrine purposefully ignores its true nature. Such responses render these spokespersons illegitimate- both as representatives of Muslim communities and as Australian citizens. The question “Why don’t moderate Muslims speak out against terrorism?” is often raised in the popular media in response to attacks against Western interests by jihadi groups. On 15 August 2014 an article in the Daily Telegraph by well-known conservative journalist Piers Akerman raised the question in relation to the Australian government’s announcement of increased powers for law enforcement agencies to deal with the issue of returned foreign fighters who had joined the Islamic State’s conflict in Iraq and Syria. The article, titled “It’s Time for Muslim Leaders to Speak Up” reiterated much of the construction of the silent Muslim majority that has pervaded the Australian popular media since 2001. Akerman states: “They [the Australian government] should be making it clear to Australian Muslims that they expect their leaders to speak out more vehemently against those who groom terrorists from the among the young and stupidly impressionable in their communities”. While he continues by acknowledging that Muslims in Australia are diverse in ethnicity and religious views and that the vast majority of Muslims do not support terrorism, he concludes by stating that “the few are costing the majority of Australians millions in security and those who enjoy leadership titles must accept that some responsibility attaches to their position or they should abdicate in favour of individuals who are prepared to consent to the obligations inherent in their station” (Piers Akerman). The same sentiments were expressed by Pia Ackerman in the Australian who wrote that “AUSTRALIA’S Muslim leaders need to speak out against Islamic State terrorists or risk losing their credibility and ability to reach young men attracted to the extremists’ cause” (Pia Akerman).Other responses in the popular media present a different argument. In an article titled “The Moderate Muslims Are Talking If Only You Will Listen”, David Penberthy of the Herald Sun cites examples of Muslim Australians who are speaking out including the case of prominent Sydney GP Jamal Rifi whose condemnation of terrorist activities in the Arab world has earned him death threats from members of the Islamic State (Penberthy). Yet, as Penberthy rightly acknowledges the questions “where are the moderates? Where are the decent Muslims? Are there any? Why aren’t they speaking out?” are still the most salient questions being asked of Muslims in the public sphere. For Australian Muslims at least, they are questions that pervade their everyday lives. It is these questions for example that leads Muslim women who wear the tradition head covering or hijab to challenge media representations of themselves as complicit actors in terrorism by acting as alternative sources of truth for curious co-workers and members of the broader community (see Aly, A Study).Muslim women who do not wear the hijab can face even more barriers to speaking out because they do not pass the test of ‘legitimate’ Muslims: those who fit the stereotype of the angry bearded male and the oppressed female shrouded in black. This author, who has in the past written about extremist interpretations of Islam, has faced condemnation from anti- Islamic groups who questioned her authenticity as a Muslim. By speaking out as a Muslim against the violent actions of some Muslims in other parts of the world, I was being accused of misinformed. Ironically, those who are vehemently anti- Islamic espouse the very same ideological world view and interpretations of Islamic doctrine as those Muslims they claim to oppose. Both groups rely on an extreme and minority version of Islam that de-legitimises more mainstream, nuanced interpretations and both groups claim legitimacy to the truth that Islam can only ever be violent, aggressive and oppositional.It is not just in the public and media discourses that Muslims who speak out against terrorism face being branded illegitimate. The policy response to home-grown terrorism — acts of violence carried out by Australian citizens within Australia — has, albeit inadvertently, created the conditions through which Muslims must verify their legitimate claims to being Australian by participating in the governments’ program of counter terrorism.In the wake of the 2005 London bombings, the Prime Minister met with selected representatives from Muslim communities to discuss the development of a Muslim Community Reference Group. The Group was charged with assisting the Australian Government by acting as an advisory group and by working with Muslim communities “promote harmony, mutual understanding and Australian values and to challenge violence, ignorance and rigid thinking”. This was iterated through a Statement of Principles that committed members of Muslim communities to pursue “moderate’ Islam (Prime Minister, “Meeting”). The very need for a Muslim summit and for the development of a Statement of Principles (later endorsed by the Council of Australian Governments, COAG), sends a lucid message to the Australian public that not only are Australian Muslims responsible for terrorism but that they also have the capacity to prevent or minimise the threat of an attack in Australia.In 2005, the policy response to terrorism took its first step towards linking the social harmony agenda to the securitisation of the state in the form of the National Action Plan to Build Social Cohesion, Harmony and Security. The stated purpose of the National Action Plan (NAP) notably conflated national security with social cohesion and harmony and clearly indicated an understanding that violent extremism could be addressed through programs designed to reinforce Australian values, social harmony, interfaith understanding and tolerance: “The purpose of this National Action Plan (NAP) is to reinforce social cohesion, harmony and support the national security imperative in Australia by addressing extremism, the promotion of violence and intolerance…”(Commonwealth of Australia, National Action Plan).Between 2005 and 2010, the National Action Plan provided funding for 83 community based projects deemed to meet the Plan’s criteria of addressing extremism and the promotion of violence. Of the 83 projects funded, 33 were undertaken by associations that identified as Muslim or Islamic (some applicants received funding for more than one project or in more than one round). The remaining 50 organisations funded included universities and vocational training organisations (4), multicultural social services or migrant resource centres (14), interfaith groups (3), local councils (4), ethnic organisations (specifically African, East African, Afghan, Hazara, Arabic and Pakistani), sporting clubs (4) and miscellaneous social clubs and service providers. The kinds of projects that were funded were predominantly aimed at Muslim communities, most notably youth and women, and the provision of services, programs, education, information and dialogue. Sixty five of the projects funded were explicitly aimed at Muslim communities and identified their target groups variously as: ‘African Muslim’; ‘Muslim youth’; ‘Muslim women’; ‘at risk Muslims’; ‘young Muslims’; ‘Iraqi Muslims’; ‘Lebanese Muslims’ and ‘young Muslim men from Arabic speaking backgrounds’. Seven projects were described as involving ‘interfaith’ elements, though a further 13 projects described some form of interaction between Muslim and non-Muslim communities and groups through activities such as sport, dialogue, fashion parades, workshops, art and craft programs, music workshops. 29 projects involved some form of leadership training for Muslims: youth, women and young men. Overall, the range of projects funded under the National Action Plan in the five years of its operation reflect a policy approach that specifically identifies Muslim communities (including ethno specific and new and emerging Muslim communities) as the primary target of Australia’s broader security strategy.The National Action Plan was succeeded by the Building Community Resilience (BCR) Program. Despite the positive steps taken in attempting to move the BCR program away from the social harmony policy agenda, it continued to reflect an underlying preoccupation with the assumptions of its predecessor. Between 2011- 2013 it funded 51 community based projects. Of these, 7 projects were undertaken by Islamic or Muslim associations. Ten of the projects specifically target Muslims or Muslim communities, with 6 of these being Muslim youth leadership and/or mentoring programs. The remaining 4 Muslim focussed projects include a project designed to encourage Muslim youth to build positive connections with the broader community, the development of a Common Curriculum Framework for teaching Islamic Studies in Australian Islamic primary and secondary schools, a project to address misconceptions about Islam and promote cultural understanding and the production of a DVD for schools to address misperceptions about Muslims. Notably, only one project specifically targets white supremacist violent extremism. The Australian governments’ progressive policy approach to countering violent extremism at home has disproportionately focussed on the Australian Muslim communities. In an environment where Muslims are viewed with suspicion and as having the primary responsibility as both perpetrators and gatekeepers of terroristic ideologies, Muslims in diaspora communities have been forced to make legitimate claims to their innocence. In order to do this they are required to reaffirm their commitment to Australian values, not just by speaking out against terrorism but also by participating in programs that are based on false assumptions about the nature of Muslim citizenship in Australia and the premise that Muslim Australians are, both individually and collectively, opposed to such values by virtue of their religious affiliation. In 2014 and in response to growing concerns about the number of Australians travelling to Iraq and Syria to fight alongside the Islamic State, the government made a bold move by declaring its intention to overhaul existing terror laws. The new laws would reverse the onus of proof on those who travelled to certain countries deemed to be terrorist hotspots to prove that they were not partaking in armed conflict or terrorist training. They would also give more powers to law enforcement and surveillance agencies by lowering the threshold of arrest without a warrant. The announcement of the new laws by the Prime Minister coincided with the news that the Government would abandon its controversial plans to drop section 18c from the Racial Discrimination Act which makes it unlawful to "offend, insult, humiliate or intimidate another person or a group of people" because of their race or ethnicity" (Aston). The announcement was made under the guise of a press conference on terror laws and inferred that the back down on the Racial Discrimination Act reforms were a measure to win over the Muslim communities cooperation on the new terror laws. Referring to a somewhat curious notion of “team Australia”, the Prime Minister stated “I want to work with the communities of our country as team Australia here” (Aston). “Team Australia” has since become the Government’s narrative frame for garnering public support for its proposed new terrorism laws. Echoing his predecessor John Howard, whose narrative of Australian values pervaded much of the political discourse during his term in office, Prime Minister Abbott stated in a radio interview that "everyone has got to put this country, its interests, its values and its people first, and you don't migrate to this country unless you want to join our team". He followed this statement by emphasising that "What we need to do is to encourage the moderate mainstream to speak out" (Cox).Shortly after the release of a horrific image on social media showing Australian jihadists proudly flaunting the severed heads of their victims, the Australian government reacted with an even bolder move to introduce legislation that would see the government cancelling the welfare payments of persons “identified by national security agencies as being involved in extremist conduct.” According to the Government the reforms would “enable the Department of Human Services to cancel a person’s welfare payment if it receives advice that a person has been assessed as a serious threat to Australia’s national security.”(Prime Minister of Australia) The move was criticised by several groups including academics who argued that it would not only alienate the already disenfranchised Muslim communities, but could also result in greater radicalisation (Ireland). In response to the raft of new measures perceived to be targeting Muslim communities, Australian Muslims took measured steps to voice their opposition through written statements and media releases stating that, among other things: These proposals come in the same style as those which have preceded [sic] since the Howard era. An alleged threat is blown out of all proportion as the pretext, further "tightening" of the laws is claimed necessary and rushed through, without proper national debate or community consultation. The reality of the alleged threat is also exposed by the lack of correspondence between the official 'terror threat' level, which has remained the same since 2001, and the hysterical rhetoric from government ministers. (ABC News, "Australian Muslims")Australian Muslim leaders also boycotted government meetings including a planned meeting with the Prime Minister to discuss the new laws. The Prime Minister promptly branded the boycott “foolish” (ABC News, "Tony Abbott") yet refused to acknowledge the legitimacy of the claims made in the media statements and messages by Muslim organisations that prompted the boycotts. As Australian Muslims continue to grapple with ways to legitimize their claims to citizenship, the developing discourse on national security and terrorism continues to define them as the objects of terror. Notably, the media discourse is showing some signs of accommodating the views of Muslim Australians who have found some space in the public sphere. Recent media reporting on terror activities in the Middle East has given some consideration to the voices of Muslim leaders who openly oppose violent extremism. Yet Muslims in Australia are still battling for legitimacy. Those who speak out against the hijacking of their religion by a minority who espouse a rigid and uncompromising ideology in order to justify violence often find themselves the subjects of intense scrutiny. From within their communities they are seen to be mouth pieces for an unfair and unjust government agenda that targets Muslims as objects of fear. From outside their communities they are seen to be apologists for Islam whose authenticity should be questioned if not denied. Attempts by Muslim Australians to have their voices heard through political practices that define the very nature of democracy including peaceful demonstrations, boycotts and written statements have not been taken seriously. As a result, Muslim voices in Australia are deemed illegitimate regardless of the forms or platforms through which they seek to be heard. ReferencesABC News. “Australian Muslims Denounce Proposed 'Anti-Terror' Laws”. ABC Religion and Ethics, 21 Aug. 2014. 23 Aug. 2014 .ABC News. “Tony Abbott Says Muslim Leaders 'Foolishly Boycotted' Counterterrorism Law Meeting.” 22 Aug. 2014. 24 Aug. 2014 .Akerman, Pia. “Muslim Leaders Must Speak Out against Extremists, Academic Warns.” The Australian 13 Aug. 13 2014. 20 Aug. 2014 . Akerman, Piers. “It's Time for Muslim Leaders to Speak Up.” Daily Telegraph 15 Aug. 2014. 20 Aug. 2014 .Alynne, A. A Study of Audience Responses to the Media Discourse about the ‘Other’: The Fear of Terrorism between Australian Muslims and the Broader Community. Lampeter: Edwin Mellen, 2010.Aly, Anne. “Media Hegemony, Activism and Identity: Muslim Women Re-Presenting Muslim Women.” Beyond the Hijab Debates: New Conversations on Gender, Race and Religion, eds. T. Dreher and C. Ho. Cambridge: Cambridge Scholars, 2009.Aly, Anne, and Mark Balnaves. “The Atmosfear of Terror: Affective Modulation and the War on Terror.” M/C Journal 8.6 (2005).Aly, Anne, and Lelia Green. “‘Moderate Islam’: Defining the Good Citizen.” M/C Journal 10.6/11.1 (2008). 13 April 2008 ‹http://journal.media-culture.org.au/0804/08aly-green.php›.Aston, H. “Tony Abbott Dumps Controversial Changes to 18C Racial Discrimination Laws.” Sydney Morning Herald 5 Aug. 2014. 24 Aug. 2014 .Australian Government, Attorney General's Department. Building Community Resilience Grants Program. n.d. 24 July 2014 . Commonwealth of Australia. Transnational Terrorism White Paper: The Threat to Australia. Canberra: Department of Prime Minister and Cabinet, 2004. . Commonwealth of Australia. National Action Plan to Build Social Cohesion, Harmony and Security. Canberra: Department of Immigration and Citizenship, 2006. .Commonwealth of Australia. Counter Terrorism White Paper: Securing Australia, Protecting our Community. Canberra: Department of Prime Minister and Cabinet, 2010. 19 Nov. 2011 .Cox, L. “'You Don't Migrate to This Country unless You Want to Join Our Team': Tony Abbott Renews Push on National Security Laws.” Sydney Morning Herald 18 Aug. 2014. 24 Aug. 2014 . Ireland, J. “Extremism Warning on Coalition's Move to Cut Welfare Payments.” Sydney Morning Herald 19 Aug. 2014. 24 Aug. 2014 .Penberthy, D. “The Moderate Muslims Are Talking If Only You Will Listen. Herald Sun 17 Aug. 2014 .Prime Minister of Australia. “New Counter-Terrorism Measures for a Safer Australia - Cancelling Welfare Payments to Extremists”. 16 Aug. 2014. 23 Aug. 2014 .Prime Minister of Australia. “Meeting with Islamic Community Leaders, Statement of Principles.” 23 Aug. 2005. July 2008 .

Illegitimacy is a multifaceted concept, powerful because it has the ability to define both itself and its antithesis; what it is not. The first three definitions of the word “illegitimate” in the Oxford English Dictionary – to use an illegitimate academic source – begin with that negative: “illegitimate” is “not legitimate’, ‘not in accordance with or authorised by law”, “not born in lawful wedlock”. In fact, the OED offers eight different usages of the term “illegitimate”, all of which rely on the negation or absence of the legitimate counterpart to provide a definition. In other words, something can only be illegitimate in the sense of being outside the law, if a law exists. A child can only be considered illegitimate, “not born in lawful wedlock” if the concept of “lawful wedlock” exists.Not only individual but national identity can be constructed by defining what – or who – has a legitimate reason to be a part of that collective identity, and who does not. The extent to which the early years of Australian colonial history was defined by its punitive function can be mapped by an early usage of the term “illegitimate” as a means of defining the free settlers of Australia. In an odd reversal of conventional associations of “illegitimate”, the “illegitimates” of Australia were not convicts. They were people who had not been sent there for legitimate – (legal) reasons and who therefore did not fit into the depiction of Australia as a penal colony. The definition invites us to consider the relationship between Australia and Britain in those early years, when Australia provided Britain with a means of constructing itself as a “legitimate” society by functioning as a location where undesirable elements could be identified and excluded. The “illegitimates” of Australia challenged Australia’s function of rendering Britain a “legitimate” society. As a sense of what is “illegitimate” in a particular context is codified and disseminated, a corresponding sense of what is “legitimate” is also created, whether in the context of the family, the law, academia, or the nation. As individuals and groups label and marginalise what is considered unwanted, dangerous, superfluous or in other ways unsatisfactory in a society, the norms that are implicitly accepted become visible. Rather as the medical practice of diagnosis by exclusion enables a particular condition to be identified because other potential conditions have been ruled out, attempts to “rule out” forms of procreation, immigration, physical types, even forms of performance as illegitimate enable a legitimate counterpart to be formed and identified. Borrowing a thought from Tolstoy’s Anna Karenina, legitimates are all alike and formed within the rules; the illegitimates are illegitimate in a variety of ways. The OED lists “illegitimate” as a noun or adjective; the word’s primary function is to define a status or to describe something. Less commonly, it can be used as a verb; to “illegitimate” someone is to bastardise them, to render them no longer legitimate, to confer and confirm their illegitimate status. Although this has most commonly been used in terms of a change in parents’ marital status (for example Queen Elizabeth I of England was bastardised by having her parents’ marriage declared invalid; as had been also the case with her older half-sister, Mary) illegitimisation as a means of marginalising and excluding continues. In October 2014, Australian Immigration Minister Scott Morrison introduced legislation designed to retrospectively declare that children born in Australia to parents that have been designated “unlawful maritime arrivals” should inherit that marginalised status (Mosendz, Brooke). The denial of “birthright citizenship”, as it is sometimes called, to these infants illegitimises them in terms of their nationality, cutting them away from the national “family”. Likewise the calls to remove Australian nationality from individuals engaging in prohibited terrorist activities uses a strategy of illegitimisation to exclude them from the Australian community. No longer Australian, such people become “national bastards”.The punitive elements associated with illegitimacy are not the only part of the story, however. Rather than being simply a one-way process of identification and exclusion, the illegitimate can also be a vital source of generating new forms of cultural production. The bastard has a way of pushing back, resisting efforts at marginalisation. The papers in this issue of M/C consider the multifarious ways in which the illegitimate refuses to conform to its normative role of defining and obeying boundaries, fighting back from where it has been placed as being beyond the law. As previously mentioned, the OED lists eight possible usages of “illegitimate”. Serendipitously, the contributions to this issue of M/C address each one of them, in different ways. The feature article for this issue, by Katie Ellis, addresses the illegitimisation inherent in how we perceive disability. With a profusion of bastards to choose from in the Game of Thrones narratives, Ellis has chosen to focus on the elements of physical abnormality that confer illegitimate status. From the other characters’ treatment of the dwarf Tyrion Lannister, and other disabled figures within the story, Ellis is able to explore the marginalisation of disability, both as depicted by George R. R. Martin and experienced within the contemporary Australian community. Several contributions address the concept of the illegitimate from its meaning of outside the law, unauthorised or unwarranted. Anne Aly’s paper “Illegitimate: When Moderate Muslims Speak Out” sensitively addresses the illegitimate position to which many Muslims in Australia feel themselves relegated. As she argues, attempting to avoid being regarded as “apologists for Islam” yet simultaneously expected to act as a unifying voice for what is in fact a highly fragmented cultural mix, places such individuals in an insupportable, “illegitimate” position. Anne Aly also joins Lelia Green in exploring the rhetorical strategies used by various Australian governments to illegitimate specific cohorts of would-be Australian migrants. “Bastard immigrants: asylum seekers who arrive by boat and the illegitimate fear of the other” discusses attempts to designate certain asylum seekers as illegitimate intruders into the national family of Australia in the context of the ending of the White Australia policy and the growth of multicultural Australia. Both papers highlight the punitive impact of illegitimisation on particular segments of society and invite recognition of the unlawfulness, or illegitimacy, of the processes themselves that have been used to create such illegitimacy.Illegitimate processes and incorrect inferences, and the illegitimisation of an organisation through media representation which ignores a range of legitimate perspectives are the subject of Ashley Donkin’s work on the National School Chaplaincy and Student Welfare Program (NSCSWP). As Donkin notes, this has been a highly controversial topic in Australia, and her research identifies the inadequacies and prejudices that, she argues, contributed to an illegitimate representation of the programme in the Australian media. Without arguing for or against the NSCSWP, Donkin’s research exposes the extent of prejudiced reporting in the Australian media and its capacity to illegitimise programmes (or, indeed, individuals). Interesting here, and not entirely irrelevant (although not directly addressed in Donkin’s paper), is the notion of prejudice as being an opinion formed or promulgated prior to considering the equitable, just or judicial/judged position. Analogous to the way in which the illegitimate is outside the law, the prejudiced only falls within the law through luck, rather than judgement, since ill-advised opinion has guided its formation. Helen Vella Bonavita explores why illegitimacy is perceived as evil or threatening, looking to anthropologists Mary Douglas and Edmund Leach. Using Shakespeare’s Henry V as a case study, Vella Bonavita argues that illegitimacy is one of the preeminent metaphors used in literature and in current political discourses to articulate fears of loss of national as well as personal identity. As Vella Bonavita notes, as well as being a pollutant that the centre attempts to cast to the margins, the illegitimate can also be a potent threat, a powerful figure occupying an undeniable position, threatening the overturning of the established order. The OED’s definition of illegitimate as “one whose position is viewed in some way as illegitimate” is the perspective taken by Crystal Abidin and Herawaty Abbas. In her work “I also Melayu OK”, Abidin explores the difficult world of the bi-racial person in multi-ethnic Singapore. Through a series of interviews, Abbas describes the strategies by which individuals, particularly Malay-Chinese individuals, emphasise or de-emphasise particular linguistic or cultural behaviours in order to overcome their ambivalent cultural position and construct their own desired socially legitimate identity. Abidin’s positive perspective nonetheless evokes its shadow side, the spectre of the anti-miscegenation laws of a range of racist times and societies (but particularly Apartheid South Africa), and those societies’ attempts to outlaw any legitimisation of relationships, and children, that the law-makers wished to prohibit. The paper also resonates with the experience of relationships across sectarian divides and the parlous circumstances of Protestant –Catholic marriages and families during the 1970s in the north of Ireland, or of previously-acceptable Serbo-Croatian unions during the disintegration of the former Socialist Federal Republic of Yugoslavia in the 1990s. Herawaty Abbas and Brooke Collins-Gearing reflect on the process of academic self-determination and self-construction in “Dancing with an illegitimate feminism: a female Buginese scholar's voice in Australian Academia”. Abbas and Collins-Gearing address the research journey from the point of view of a female Buginese PhD candidate and an Indigenous Australian supervisor. With both candidate and supervisor coming from traditionally marginalised backgrounds in the context of Western academia, Abbas and Collins-Gearing chart a story of empowerment, of finding a new legitimacy in dialogue with conventional academic norms rather than conforming to them. Three contributions address the illegitimate in the context of the illegitimate child, moving from traditional associations of shame and unmarried pregnancy, to two creative pieces which, like Abidin, Abbas and Collins-Gearing, chart the transformative process that re-constructs the illegitimate space into an opportunity to form a new identity and the acceptance, and even embrace, of the previously de-legitimising authorities. Gardiner’s work, “It is almost as if there were a written script: child murder, concealment of birth and the unmarried mother in Western Australia” references two women whose stories, although situated almost two hundred years apart in time, follow a similarly-structured tale of pregnancy, shame and infant death. Kim Coull and Sue Bond in “Secret Fatalities and Liminalities” and “Heavy Baggage and the Adoptee” respectively, provide their own stories of illuminative engagement with an illegitimate position and the process of self-fashioning, while also revisiting the argument of the illegitimate as the liminal, a perspective previously advanced by Vella Bonavita’s piece. The creative potential of the illegitimate condition is the focus of the final three pieces of this issue. Bruno Starrs’s “Hyperlinking History and the Illegitimate Imagination” discusses forms of creative writing only made possible by the new media. Historic metafiction, the phrase coined by Linda Hutcheon to reflect the practice of inserting fictional characters into historical situations, is hardly a new phenomenon, but Starrs notes how the possibilities offered by e-publishing enable the creation of a new level of metafiction. Hyperlinks to external sources enable the author to engage the reader in viewing the book both as a work of fiction and as self-conscious commentary on its own fictionality. Renata Morais’ work on different media terminologies in “I say nanomedia, You say nano-media: il/legitimacy, interdisciplinarity and the anthropocene” also considers the creative possibilities engendered by interdisciplinary connections between science and culture. Her choice of the word “anthropocene,” denoting the geological period when humanity began to have a significant impact on the world’s ecosystems, itself reflects the process whereby an idea that began in the margins gains force and legitimacy. From an informal and descriptive term, the International Commission on Stratigraphy have recently formed a working group to investigate whether the “Anthropocene” should be formally adopted as the name for the new epoch (Sample).The final piece in this issue, Katie Lavers’ “Illegitimate Circus”, again traces the evolution of a theatrical form, satisfyingly returning in spirit if not in the written word to some of the experiences imagined by George R. R. Martin for his character Tyrion Lannister. “Illegitimate drama” was originally theatre which relied more on spectacle than on literary quality, according to the OED. Looking at the evolution of modern circus from Astley’s Amphitheatre through to the Cirque du Soleil spectaculars, Lavers’ article demonstrates that the relationship between legitimate and illegitimate is not one whereby the illegitimate conforms to the norms of the legitimate and thereby becomes legitimate itself, but rather where the initial space created by the designation of illegitimate offers the opportunity for a new form of art. Like Starrs’ hyperlinked fiction, or the illegitimate narrators of Coull or Bond’s work, the illegitimate art form does not need to reject those elements that originally constituted it as “illegitimate” in order to win approval or establish itself. The “illegitimate”, then, is not a fixed condition. Rather, it is a status defined according to a particular time and place, and which is frequently transitional and transformative; a condition in which concepts (and indeed, people) can evolve independently of established norms and practices. Whereas the term “illegitimate” has traditionally carried with it shameful, dark and indeed punitive overtones, the papers collected in this issue demonstrate that this need not be so, and that the illegitimate, possibly more than the legitimate, enlightens and has much to offer.ReferencesMosendz, Polly. “When a Baby Born in Australia Isn’t Australian”. The Atlantic 16 Oct. 2014. 25 Oct. 2014 ‹http://www.theatlantic.com/international/archive/2014/10/when-a-baby-born-in-australia-isnt-australian/381549/›Baskin, Brooke. “Asylum Seeker Baby Ferouz Born in Australia Denied Refugee Status by Court”. The Courier Mail 15 Oct. 2014. 25 Oct. 2014 ‹http://www.couriermail.com.au/news/queensland/asylum-seeker-baby-ferouz-born-in-australia-denied-refugee-status-by-court/story-fnihsrf2-1227091626528›.Sample, Ian. “Anthropocene: Is This the New Epoch of Humans?” The Guardian 16 Oct. 2014. 25 Oct. 2014 ‹http://www.theguardian.com/science/2014/oct/16/-sp-scientists-gather-talks-rename-human-age-anthropocene-holocene›.

Introduction This article explores the changing relational quality of “the shadow of hierarchy”, in the context of the merging of platforms with infrastructure as the source of the shadow of hierarchy. In governance and regulatory studies, the shadow of hierarchy (or variations thereof), describes the space of influence that hierarchal organisations and infrastructures have (Héritier and Lehmkuhl; Lance et al.). A shift in who/what casts the shadow of hierarchy will necessarily result in changes to the attendant relational values, logics, and (techno)socialities that constitute the shadow, and a new arrangement of shadow that presents new challenges and opportunities. This article reflects on relevant literature to consider two different ways the shadow of hierarchy has qualitatively changed as platforms, rather than infrastructures, come to cast the shadow of hierarchy – an increase in scalability; and new socio-technical arrangements of (non)participation – and the opportunities and challenges therein. The article concludes that more concerted efforts are needed to design the shadow, given a seemingly directionless desire to enact data-driven solutions. The Shadow of Hierarchy, Infrastructures, and Platforms The shadow of hierarchy refers to how institutional, infrastructural, and organisational hierarchies create a relational zone of influence over a particular space. This commonly refers to executive decisions and legislation created by nation states, which are cast over private and non-governmental actors (Héritier and Lehmkuhl, 2). Lance et al. (252–53) argue that the shadow of hierarchy is a productive and desirable thing. Exploring the shadow of hierarchy in the context of how geospatial data agencies govern their data, Lance et al. find that the shadow of hierarchy enables the networked governance approaches that agencies adopt. This is because operating in the shadow of institutions provides authority, confers bureaucratic legitimacy and top-down power, and offers financial support. The darkness of the shadow is thus less a moral or ethicopolitical statement (such as that suggested by Fisher and Bolter, who use the idea of darkness to unpack the morality of tourism involving death and human suffering), and instead a relationality; an expression of differing values, logics, and (techno)socialities internal and external to those infrastructures and institutions that cast it (Gehl and McKelvey). The shadow of hierarchy might therefore be thought of as a field of relational influences and power that a social body casts over society, by virtue of a privileged position vis-a-vis society. It modulates society’s “light”; the resources (Bourdieu) and power relationships (Foucault) that run through social life, as parsed through a certain institutional and infrastructural worldview (the thing that blocks the light to create the shadow). In this way the shadow of hierarchy is not a field of absolute blackness that obscures, but instead a gradient of light and dark that creates certain effects. The shadow of hierarchy is now, however, also being cast by decentralised, privately held, and non-hierarchal platforms that are replacing or merging with public infrastructure, creating new social effects. Platforms are digital, socio-technical systems that create relationships between different entities. They are most commonly built around a relatively fixed core function (such as a social media service like Facebook), that then interacts with a peripheral set of complementors (advertising companies and app developers in the case of social media; Baldwin and Woodard), to create new relationships, forms of value, and other interactions (van Dijck, The Culture of Connectivity). In creating these relationships, platforms become inherently political (Gillespie), shaping relationships and content on the platform (Suzor) and in embodied life (Ajunwa; Eubanks). While platforms are often associated with optional consumer platforms (such as streaming services like Spotify), they have increasingly come to occupy the place of public infrastructure, and act as a powerful enabler to different socio-technical, economic, and political relationships (van Dijck, Governing Digital Societies). For instance, Plantin et al. argue that platforms have merged with infrastructures, and that once publicly held and funded institutions and essential services now share many characteristics with for-profit, privately held platforms. For example, Australia has had a long history of outsourcing employment services (Webster and Harding), and nearly privatised its entire visa processing data infrastructure (Jenkins). Platforms therefore have a greater role in casting the shadow of hierarchy than before. In doing so, they cast a shadow that is qualitatively different, modulated through a different set of relational values and (techno)socialities. Scalability A key difference and selling point of platforms is their scalability; since they can rapidly and easily up- and down-scale their functionalities in a way that traditional infrastructure cannot (Plantin et al.). The ability to respond “on-demand” to infrastructural requirements has made platforms the go-to service delivery option in the neo-liberalised public infrastructure environment (van Dijck, Governing Digital Societies). For instance, services providers like Amazon Web Services or Microsoft Azure provide on demand computing capacity for many nations’ most valuable services, including their intelligence and security capabilities (Amoore, Cloud Ethics; Konkel). The value of such platforms to government lies in the reduced cost and risk that comes with using rented capabilities, and the enhanced flexibility to increase or decrease their usage as required, without any of the economic sunk costs attached to owning the infrastructure. Scalability is, however, not just about on-demand technical capability, but about how platforms can change the scale of socio-technical relationships and services that are mediated through the platform. This changes the relational quality of the shadow of hierarchy, as activities and services occurring within the shadow are now connected into a larger and rapidly modulating scale. Scalability allows the shadow of hierarchy to extend from those in proximity to institutions to the broader population in general. For example, individual citizens can more easily “reach up” into governmental services and agencies as a part of completing their everyday business through platform such as MyGov in Australia (Services Australia). Using a smartphone application, citizens are afforded a more personalised and adaptive experience of the welfare state, as engaging with welfare services is no-longer tied to specific “brick-and-mortar” locations, but constantly available through a smartphone app and web portal. Multiple government services including healthcare and taxation are also connected to this platform, allowing users to reach across multiple government service domains to complete their personal business, seeking information and services that would have once required separate communications with different branches of government. The individual’s capacities to engage with the state have therefore upscaled with this change in the shadow, retaining a productivity and capacity enhancing quality that is reminiscent of older infrastructures and institutions, as the individual and their lived context is brought closer to the institutions themselves. Scale, however, comes with complications. The fundamental driver for scalability and its adaptive qualities is datafication. This means individuals and organisations are inflecting their operational and relational logics with the logic of datafication: a need to capture all data, at all times (van Dijck, Datafication; Fourcade and Healy). Platforms, especially privately held platforms, benefit significantly from this, as they rely on data to drive and refine their algorithmic tools, and ultimately create actionable intelligence that benefits their operations. Thus, scalability allows platforms to better “reach down” into individual lives and different social domains to fuel their operations. For example, as public transport services become increasingly datafied into mobility-as-a-service (MAAS) systems, ride sharing and on-demand transportation platforms like Uber and Lyft become incorporated into the public transport ecosystem (Lyons et al.). These platforms capture geospatial, behavioural, and reputational data from users and drivers during their interactions with the platform (Rosenblat and Stark; Attoh et al.). This generates additional value, and profits, for the platform itself with limited value returned to the user or the broader public it supports, outside of the transport service. It also places the platform in a position to gain wider access to the population and their data, by virtue of operating as a part of a public service. In this way the shadow of hierarchy may exacerbate inequity. The (dis)benefits of the shadow of hierarchy become unevenly spread amongst actors within its field, a function of an increased scalability that connects individuals into much broader assemblages of datafication. For Eubank, this can entrench existing economic and social inequalities by forcing those in need to engage with digitally mediated welfare systems that rely on distant and opaque computational judgements. Local services are subject to increased digital surveillance, a removal of agency from frontline advocates, and algorithmic judgement at scale. More fortunate citizens are also still at risk, with Nardi and Ekbia arguing that many digitally scaled relationships are examples of “heteromation”, whereby platforms convince actors in the platform to labour for free, such as through providing ratings which establish a platform’s reputational economy. Such labour fuels the operation of the platform through exploiting users, who become both a product/resource (as a source of data for third party advertisers) and a performer of unrewarded digital labour, such as through providing user reviews that help guide a platform’s algorithm(s). Both these examples represent a particularly disconcerting outcome for the shadow of hierarchy, which has its roots in public sector institutions who operate for a common good through shared and publicly held infrastructure. In shifting towards platforms, especially privately held platforms, value is transmitted to private corporations and not the public or the commons, as was the case with traditional infrastructure. The public also comes to own the risks attached to platforms if they become tied to public services, placing a further burden on the public if the platform fails, while reaping none of the profit and value generated through datafication. This is a poor bargain at best. (Non)Participation Scalability forms the basis for a further predicament: a changing socio-technical dynamic of (non)participation between individuals and services. According to Star (118), infrastructures are defined through their relationships to a given context. These relationships, which often exist as boundary objects between different communities, are “loosely structured in common use, and become tightly bound in particular locations” (Star, 118). While platforms are certainly boundary objects and relationally defined, the affordances of cloud computing have enabled a decoupling from physical location, and the operation of platforms across time and space through distributed digital nodes (smartphones, computers, and other localised hardware) and powerful algorithms that sort and process requests for service. This does not mean location is not important for the cloud (see Amoore, Cloud Geographies), but platforms are less likely to have a physically co-located presence in the same way traditional infrastructures had. Without the same institutional and infrastructural footprint, the modality for participating in and with the shadow of hierarchy that platforms cast becomes qualitatively different and predicated on digital intermediaries. Replacing a physical and human footprint with algorithmically supported and decentralised computing power allows scalability and some efficiency improvements, but it also removes taken-for-granted touchpoints for contestation and recourse. For example, ride-sharing platform Uber operates globally, and has expressed interest in operating in complement to (and perhaps in competition with) public transport services in some cities (Hall et al.; Conger). Given that Uber would come to operate as a part of the shadow of hierarchy that transport authorities cast over said cities, it would not be unreasonable to expect Uber to be subject to comparable advocacy, adjudication, transparency, and complaint-handling requirements. Unfortunately, it is unclear if this would be the case, with examples suggesting that Uber would use the scalability of its platform to avoid these mechanisms. This is revealed by ongoing legal action launched by concerned Uber drivers in the United Kingdom, who have sought access to the profiling data that Uber uses to manage and monitor its drivers (Sawers). The challenge has relied on transnational law (the European Union’s General Data Protection Regulation), with UK-based drivers lodging claims in Amsterdam to initiate the challenge. Such costly and complex actions are beyond the means of many, but demonstrate how reasonable participation in socio-technical and governance relationships (like contestations) might become limited, depending on how the shadow of hierarchy changes with the incorporation of platforms. Even if legal challenges for transparency are successful, they may not produce meaningful change. For instance, O’Neil links algorithmic bias to mathematical shortcomings in the variables used to measure the world; in the creation of irritational feedback loops based on incorrect data; and in the use of unsound data analysis techniques. These three factors contribute to inequitable digital metrics like predictive policing algorithms that disproportionately target racial minorities. Large amounts of selective data on minorities create myopic algorithms that direct police to target minorities, creating more selective data that reinforces the spurious model. These biases, however, are persistently inaccessible, and even when visible are often unintelligible to experts (Ananny and Crawford). The visibility of the technical “installed base” that support institutions and public services is therefore not a panacea, especially when the installed base (un)intentionally obfuscates participation in meaningful engagement like complaints handling. A negative outcome is, however, also not an inevitable thing. It is entirely possible to design platforms to allow individual users to scale up and have opportunities for enhanced participation. For instance, eGovernance and mobile governance literature have explored how citizens engage with state services at scale (Thomas and Streib; Foth et al.), and the open government movement has demonstrated the effectiveness of open data in understanding government operations (Barns; Janssen et al.), although these both have their challenges (Chadwick; Dawes). It is not a fantasy to imagine alternative configurations of the shadow of hierarchy that allow more participatory relationships. Open data could facilitate the governance of platforms at scale (Box et al.), where users are enfranchised into a platform by some form of membership right and given access to financial and governance records, in the same way that corporate shareholders are enfranchised, facilitated by the same app that provides a service. This could also be extended to decision making through voting and polling functions. Such a governance form would require radically different legal, business, and institutional structures to create and enforce this arrangement. Delacoix and Lawrence, for instance, suggest that data trusts, where a trustee is assigned legal and fiduciary responsibility to achieve maximum benefit for a specific group’s data, can be used to negotiate legal and governance relationships that meaningfully benefit the users of the trust. Trustees can be instructed to only share data to services whose algorithms are regularly audited for bias and provide datasets that are accurate representations of their users, for instance, avoiding erroneous proxies that disrupt algorithmic models. While these developments are in their infancy, it is not unreasonable to reflect on such endeavours now, as the technologies to achieve these are already in use. Conclusions There is a persistent myth that data will yield better, faster, more complete results in whatever field it is applied (Lee and Cook; Fourcade and Healy; Mayer-Schönberger and Cukier; Kitchin). This myth has led to data-driven assemblages, including artificial intelligence, platforms, surveillance, and other data-technologies, being deployed throughout social life. The public sector is no exception to this, but the deployment of any technological solution within the traditional institutions of the shadow of hierarchy is fraught with challenges, and often results in failure or unintended consequences (Henman). The complexity of these systems combined with time, budgetary, and political pressures can create a contested environment. It is this environment that moulds societies' light and resources to cast the shadow of hierarchy. Relationality within a shadow of hierarchy that reflects the complicated and competing interests of platforms is likely to present a range of unintended social consequences that are inherently emergent because they are entering into a complex system – society – that is extremely hard to model. The relational qualities of the shadow of hierarchy are therefore now more multidimensional and emergent, and experiences relating to socio-technical features like scale, and as a follow-on (non)participation, are evidence of this. Yet by being emergent, they are also directionless, a product of complex systems rather than designed and strategic intent. This is not an inherently bad thing, but given the potential for data-system and platforms to have negative or unintended consequences, it is worth considering whether remaining directionless is the best outcome. There are many examples of data-driven systems in healthcare (Obermeyer et al.), welfare (Eubanks; Henman and Marston), and economics (MacKenzie), having unintended and negative social consequences. Appropriately guiding the design and deployment of theses system also represents a growing body of knowledge and practical endeavour (Jirotka et al.; Stilgoe et al.). Armed with the knowledge of these social implications, constructing an appropriate social architecture (Box and Lemon; Box et al.) around the platforms and data systems that form the shadow of hierarchy should be encouraged. This social architecture should account for the affordances and emergent potentials of a complex social, institutional, economic, political, and technical environment, and should assist in guiding the shadow of hierarchy away from egregious challenges and towards meaningful opportunities. To be directionless is an opportunity to take a new direction. The intersection of platforms with public institutions and infrastructures has moulded society’s light into an evolving and emergent shadow of hierarchy over many domains. With the scale of the shadow changing, and shaping participation, who benefits and who loses out in the shadow of hierarchy is also changing. Equipped with insights into this change, we should not hesitate to shape this change, creating or preserving relationalities that offer the best outcomes. Defining, understanding, and practically implementing what the “best” outcome(s) are would be a valuable next step in this endeavour, and should prompt considerable discussion. 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