The Concept of State and Law in Islam. By Farooq Hassan. [University Press of America. x and 311pp.]
In: The international & comparative law quarterly: ICLQ, Band 31, Heft 3, S. 598-598
ISSN: 1471-6895
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In: The international & comparative law quarterly: ICLQ, Band 31, Heft 3, S. 598-598
ISSN: 1471-6895
In: Extraterritorial Immigration Control, S. 65-99
This article is the result of a narrative literature review. The objective is to show the development of an overview on the ideological debate on the design of state health policies. We argue that the role of the state in the development of health policy, even under the pressure of the global market, may create alternatives to promote and drive economic and social development, meaning they are not subject to economic constraints imposed by the liberal ideal of market. Here is a part of a theoretical discussion about the construction and presence of the State in Latin America, particularly in Brazil. We take the approaches of the Marxist tradition and liberal to the issue as reference. This discussion allows us to understand the historical role of the state in the maintenance of social policies, specifically health, is an alternative to public control eases the intense capital mobility promoted by economic globalization. In this sense, the theme makes the Brazilian health an important issue of social sciences, why is the historicity of the construction of the Brazilian health system, as a public policy that can mirror the actual reconstruction of the institutional framework of the Brazilian state with the establishment instances of negotiation between the various spheres of power that strengthen the state in this process of democratization of Brazilian society. ; Este artigo é resultado de uma revisão bibliográfica narrativa, visando o desenvolvimento de um panorama acerca do debate ideológico sobre a concepção de Estado nas políticas de saúde. Nele, argumentamos que o papel do Estado brasileiro no desenvolvimento da política de saúde, mesmo sob a pressão do mercado globalizado, pode criar alternativas para promover e direcionar o desenvolvimento econômico e social, e que isso não significa submeter-se às restrições econômicas impostas pelo ideal liberal de mercado. Apresentamos parte de uma discussão teórica acerca da construção e presença do Estado na América Latina e, particularmente, no Brasil, tomando como referências as abordagens da tradição marxista e da liberal sobre a questão. Essa discussão permite-nos entender que o papel histórico do Estado na manutenção de políticas públicas sociais, especificamente as de saúde, é uma alternativa para que o controle público amenize a intensa mobilidade de capital promovida pela globalização econômica. Nesse sentido, o tema torna a saúde nacional uma questão importante das Ciências Sociais, por que é na historicidade da construção do sistema de saúde brasileiro, como política pública, que se pode espelhar a própria reconstrução do arcabouço institucional do Estado brasileiro, com a instauração de instâncias de negociação entre as diversas esferas de poder que fortalecem esse mesmo Estado no processo de redemocratização da sociedade brasileira.
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National development planning model with its long-term time dimension in Indonesia is carried out with the National Long-Term Development Plan (RPJPN) which replaces the Planned Overall National Development (PNSB) and the General Outlines of the Principles of the State (GBHN). Based on the analysis of the data obtained, it can be seen that since 2004 the use of the RPJN has turned out to cause fluctuating dynamics in the existing development outcomes. The occurred changes resulted in inconsistencies in the direction of development when there was a change of state development actors such as President, Governor, Regent/ Mayor, and other state institutions. The reason for this is that there is no permanent structure that can be used as a reference for a long-term development program that will be carried out by the managing state institutions, particularly the government. Based on this, the aim of this study was to create a form of reformulation of the principles of the state. This research was a normative research with a statutory, historical and conceptual approaches. To answer this problem, the idea of the state principles was born which departed from combining the advantages of PNSB, GBHN, and RPJPN which were then packaged into a new state principle system, with ideological principle and technocratic strategy.
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In: Springer eBook Collection
I Introduction -- I. The Attitude of theInstitut de Droit International -- II. The Attitude of the International Law Association -- III. The Attitude of the David Davies Memorial Institute -- II The Legal Basis of the Progressive Development in the United Nations of the Concept of State Jurisdiction in International Space Law -- I. The Principle of Applicability of International Law to Space Activities -- II. The Concept of State Jurisdiction in Public International Law -- III The Progressive Development of Certain Legal Principles Governing the Exercise of State Jurisdiction in Outer Space and on celestial Bodies -- I. The Competence of the United Nations -- II. The Report of the Ad Hoc Committee of the UNCOPUOS -- III. The Sessions of the Legal Sub-Committee of the UNCOPUOS -- IV The Lex Lata Regarding the Exercise of State Jurisdiction in Outer Space -- I. The "Sources" -- II. The Effect of Article VIII of the Space Treaty on the Concept of State Jurisdiction -- III. The Legal Basis of State Jurisdiction in Space Law -- V Observations de lege Ferenda -- I. A Proposal: The Concept of "Functional Jurisdiction" -- II. Reflections on the Jurisdictional Aspects of the Establishment of a Canadian Domestic Satellite Communication System -- Conclusion -- Appendices -- I. Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space — U.N. General Assembly Resolution 1962 (XVIII), 13 December 1963 -- II. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 27 January 1967 -- III. Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under Water, 5 August 1963 -- IV. Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1967 -- V. Draft Convention Concerning the Registration of Objects Launched into Space for the Exploration or Use of Outer Space -- VI. Progress Report on the Question of the Legal Status of Spacecraft. Prepared by René H. Mankiewicz, Rapporteur, for the Space Law Committee of the International Law Association. 53rd Conference, Buenos Aires, 1968 -- Selected Bibliography -- Name Index.
This research addresses the approaches of contemporary Muslim more specifically Islamist intellectuals to the concept of the state. To analyze their approaches, this paper will discuss all of the three stages of Modern Islamic political thought, namely; Pan Islamism, Islamism and, Post-Islamism. Within this three stages which are referred the time frame of developing Modern Islamic Political Thought, this paper will address the concept of state in the thought of Jamal Uddin Afghani, Muhammad Abduh, Rashid Rida, Abul Al'a Maududi, Hassan al-Banna, Sayyid Qutb, Malik Bennabi, Hassan al-Turabi, Yusuf al-Qaradawi, and Rachid al-Ghannouchi. The aim of this paper is to analyze the concept of the state of mentioned intellectuals based on two important research questions; firstly, what was the main perspective of their thought and secondly, what was their stand to accept the concept of Modern state. This research is a qualitative form of research based on primary and secondary data. Primary data will be collected from the literature of mentioned intellectuals and secondary data will be collected from the literature which is written by others on their thought. To collect both types of data, this research used books, articles, websites, and libraries. It is hoped that this research will contribute significantly to Academia by analyzing their approaches to the concept of the state.
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This research addresses the approaches of contemporary Muslim more specifically Islamist intellectuals to the concept of the state. To analyze their approaches, this paper will discuss all of the three stages of Modern Islamic political thought, namely; Pan Islamism, Islamism and, Post-Islamism. Within this three stages which are referred the time frame of developing Modern Islamic Political Thought, this paper will address the concept of state in the thought of Jamal Uddin Afghani, Muhammad Abduh, Rashid Rida, Abul Al'a Maududi, Hassan al-Banna, Sayyid Qutb, Malik Bennabi, Hassan al-Turabi, Yusuf al-Qaradawi, and Rachid al-Ghannouchi. The aim of this paper is to analyze the concept of the state of mentioned intellectuals based on two important research questions; firstly, what was the main perspective of their thought and secondly, what was their stand to accept the concept of Modern state. This research is a qualitative form of research based on primary and secondary data. Primary data will be collected from the literature of mentioned intellectuals and secondary data will be collected from the literature which is written by others on their thought. To collect both types of data, this research used books, articles, websites, and libraries. It is hoped that this research will contribute significantly to Academia by analyzing their approaches to the concept of the state.
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In: Han-tok sahoe kwahak nonch'ong, Band 25, Heft 4, S. 109
This paper on the question of the concept, role and functions of State, attempts to critically analyze recent developments and transformations. It is assumed that all existing State models to date are in ideological crisis that challenges the concept of State.The problem is that the empirical evidence of the role and functions of the State or the State system are different from a standpoint of a range of spheres of government, which generate the multiple requirements of the regulatory activity of the State. In the discussion some questions are identified and proposals that may be useful for analyzing the transformation of the State are formulated.
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The essence of banking control and scientific approaches to determine its differences from banking supervision have been researched; the place of banking control in the system of state control has been determined. The author has indicated on the absence of the definition of the concept of the state control in the banking sector in the legislation of Ukraine, as well as on the problem of the delineation of the terms "state control in the banking sector", "state regulation of the banks activities", "banking regulation" and "banking supervision". It has been established that the verification is a form of activity of the National Bank of Ukraine, which is inherent for banking control and banking supervision. Therefore, the notion of the state banking supervision involves the intervention of the state supervisory agency, which acts as a controller, in the activities of banks. It has been emphasized that control includes not only verification of the activity of the object under control and its legality, but also supervision (monitoring) over its realization and expediency. Therefore, the concept of "banking control" is identical to the concept of "banking supervision". It has been emphasized that it is expedient to distinguish the concepts of "state control in the banking sector" and "banking control". It has been found out that banking control (supervision) is a complex of ordered actions aimed at monitoring the activities of banks, verification of the conformity of actions of controlled subjects with the established requirements of legislation in order to detect deviations from established norms, implementation of managerial influence, and the provision of recommendations. The state control in the banking sector should be considered as a function of public administration, which covers both the activities of the National Bank of Ukraine on the implementation of banking control (supervision) and the activities of other state power agencies. ; Досліджено сутність банківського контролю та наукові підходи щодо визначення його відмінностей від банківського нагляду, визначено місце банківського контролю в системі державного контролю. Розглянуто проблему розмежування термінів «державний контроль у банківській сфері», «державне регулювання діяльності банків», «банківське регулювання» і «банківський нагляд». Наголошено на відмінності понять «державний контроль у банківській сфері» та «банківський контроль», запропоновано їх визначення.
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In: Genealogy: open access journal, Band 4, Heft 1, S. 22
ISSN: 2313-5778
This article focused on the evolution of Spanish conservative doctrine in the early years of democracy in Spain. By analyzing the concepts of 'state' and 'community' in the thought of Manuel Fraga, the Minister of Information and Tourism under the Franco dictatorship and leader of the Spanish right during the 1980s, this article sought to explore: the manner in which the conservatives sought to "democratize" their doctrine to adapt themselves to the new party system and the importance of this conceptual reshaping in establishing the roots of conservative Spanish nationalism.
This article focused on the evolution of Spanish conservative doctrine in the early years of democracy in Spain. By analyzing the concepts of &lsquo ; state&rsquo ; and &lsquo ; community&rsquo ; in the thought of Manuel Fraga, the Minister of Information and Tourism under the Franco dictatorship and leader of the Spanish right during the 1980s, this article sought to explore: the manner in which the conservatives sought to &ldquo ; democratize&rdquo ; their doctrine to adapt themselves to the new party system and the importance of this conceptual reshaping in establishing the roots of conservative Spanish nationalism.
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En este trabajo se analiza el concepto de Estado racional mediante tres perspectivas quede modo explícito o implícito se encuentran en el Fundamento del derecho natural de Fichte. Conla intención de mostrar la centralidad del concepto de Estado, en primer lugar se trata la perspectivade la superfluidad y sus límites (punto 2); en segundo lugar se trata la perspectiva de la coacción, quetambién brinda un concepto de Estado negativo (punto 3). En tercer lugar se trata la perspectiva que, sincaracterizarlo negativamente, no obstante no alcanza una comprensión positiva del Estado, donde éste seael concepto central de la filosofía social, política y económica de Fichte (punto 4). Finalmente, a partirde El Estado comercial cerrado y Los caracteres de la edad contemporánea se esboza una clasificaciónsobre los diferentes conceptos de Estado desarrollados y contenidos bajo una unidad de sentido (punto 5). ; This article analyses the concept of rational State from three perspectives, which explicitlyor implicitly are present in Fichte's Foundations of Natural Right. In order to show the centrality ofthe concept of State, first we examine the perspective of its superfluity and limits (point 2). Second, weexamine the point of view of coercion, which also provides a negative concept of State (point 3). In thethird place, we examine the perspective which, although it does not characterize the State negatively,also fails to provide a positive interpretation of State that successfully conveys the centrality of itsconcept for Fichte's social, political and economic philosophy (point 4). Finally, based on an analysisof The Closed Commercial State and The Characteristics of Present Age, we outline a classification ofthe different concepts of State, developed from and included under a unity of meaning (point 5).
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In: Žurnal Sibirskogo Federal'nogo Universiteta: Journal of Siberian Federal University. Gumanitarnye nauki = Humanities & social sciences, Band 11, Heft 9, S. 1513-1528
ISSN: 2313-6014