Suchergebnisse

"The Supreme Court is final not because it is infallible; but it is infallible because it is final" – this status quo of the Supreme Court of Nigeria and its application in various electoral cases, especially in the just concluded 2019 general elections in Nigeria has aroused mixed feelings and raised questions on the credibility of the Nigerian Judiciary and its capability of enshrining sustainable democracy in Nigeria. Meanwhile, according to the report of the Kayode Eso Panel on Reform of the Judiciary, the mindset of an average Nigerian is that "the Nigerian Judiciary hardly redeems itself from the unfortunate image it acquired during the military interregnum when it was described as a judiciary in patent chaos, riddled with corrupt Judges and in need of urgent and radical reform". This study which sought to explore the infallibility of the Supreme Court and sustainable democracy in Nigeria; the effect of the infallibility of the Supreme Court verdicts on sustainable democracy in Nigeria; and the effects of bribery and corruption of the Supreme Court Justices on sustainable democracy in Nigeria, is an exploratory research which employed qualitative method of research and adopted the Transitional Jurisprudence Model as propounded by Ruti Teitel (2015) to analyze these. The study found that the bribery and corruption of the Supreme Court Justices has significant effect on sustainable democracy in Nigeria; and that the infallibility of the Supreme Court verdicts have significant effect on sustainable democracy in Nigeria. The study recommends among others that there is need for the independence and accountability of the Judiciary with the other arms of the government in Nigeria.

This research addresses the issue of the mutual influence between the administrative judge and the constitutional judge using a comparative analytical approach. In the beginning, the researcher discusses the role of the administrative judge in protecting the rights and freedoms of individuals by presenting the basic elements that prove the effective implementation of this control, such as proportionality and disciplinary decisions. The research also discusses the primary constitutional issue in France, or what some call the review of raising the issue of the unconstitutionality, to demonstrate the strengthening of the role of the judge and his involvement in reviewing the constitutionality of laws. Then the research discusses the role of the constitutional judge in protecting the rights and freedoms based on the achievements of the French constitutional judge, starting with his decision on freedom of association (1971), in which he enshrined the constitutional value of the preamble of the 1958 constitution. What gives the decisions of the Constitutional Council the utmost significance is their compulsory as they are imposed on the judiciary and administration automatically (the power of the case). Then the research addresses and analyzes the positive mutual impact between the constitutional judge and the administrative judge, so it first presents the confirmed influence of the administrative judge, as he turns into a miniature constitutional council through his role in reviewing the unconstitutionality. The researcher also presents the position of the jurist Bernard Stern, who believes that the administrative judge is the one who does not want to violate the authority of the Constitutional Council while he can enforce strong and violent control over the work of the Constitutional Council. Even though the issue of mutual influence between the administrative judge and the constitutional judge is fluctuating, the harmony and cooperation between them remain the master of the situation.

,Ex-convicts must wait for a five-year gap after passing their prison term and announce their background if they want to run for governor, regent, or mayor, according to the Constitutional Court's decision Number 56/PUU-XVII/2019. The election of regional heads is an activity in the context of implementing a government system in the form of democracy. In the implementation of regional head elections, to get quality regional leaders, it takes qualified candidates promoted by political parties as well as those who run independently. Among the requirements for a regional head candidate, both at the provincial and district/city levels, a candidate must not be in a status of an ex-convict. The research method in this research was normative juridical. This research shows that based on the 1945 Constitution of the Republic of Indonesia, ex-convicts are also citizens who have the same political rights as other citizens. The existence of a provision that is a requirement to run as a candidate for the regional head in the election clearly limits or even negates a person's right to participate in exercising their rights. The decision of Constitutional Court No.42/PUUXIII/2015 states that ex-convicts can participate in regional head elections with certain conditions.

Indonesia is one of the largest democratic countries in the world and has held 11 general elections nationally. Nonetheless, the electoral process with ballot paper is deemed convoluted, prone to manipulation, requires massive resources and lengthy process and spent extravagant state budget. Electronic voting (e-voting) has been implemented in more than 26 countries, and India has achieved terrific success in 2019 with more than 900 million voters. E-voting in India has answered convoluted and high cost of election problems, and the VVPAT (voter-verified paper audit trail) technology helped prevent fraud potential and manipulation. This study examines the policy transfer of e-voting technology from India into Indonesia's jurisdiction and political context by using literature study and secondary sources of data to support the arguments. The key findings are that e-voting serves a constitutional electoral system that defends effective and efficient democratic election, reduces the margin of error in voting, counting, recapitulation, and significantly reduces the probability of invalid votes, effectively hindering fraudulent practices like vote-buying during recapitulation and preventing dropping illegal ballots into the ballot box. Moreover, e-voting technology also corresponds with High Court No.147/PUU-VII/2009, and if implemented with adequate technology, software and human resources, this method could secure the tenets of direct, general, free, confidential, honesty and fairness.

Critical discourse analysis (CDA) is previously not a homogenous model, nor a school or a paradigm, but at most a shared respective in doing linguistics, semantics, or discourse analysis. The objective of CDA is to perceive language use as social practice. The researchers in this paper have done this at the 58th session of the UN General assembly, New York. The theoretical framework used for the analysis is Fairclough's model, 1992. This research paper has analysed the data qualitatively. This research work has explained and clarified the intellectual and invulnerable strategies, ideologies of President Musharraf, Pakistani president for global, political, economic, social and cultural development not only for his own country but for the entire world, especially developing countries. CDA of G-P-M speech shows that his motto is peace, security and development of human rights, implementation of international law, social justice for everyone and multilateral diplomacy by the support of the war on terror and cooperation with the international community. Pervaiz Musharaf has presented a positive and soft image of Pakistan.

Six decades after the political independence of the Nigerian state, its government like many other governments across the third world has not been able to eradicate poverty within its borders. The prevailing situation has defied the introduction of different political structures, economic policies and even the deployment of foreign expertise and aids. This study therefore examines the causes, consequences and extant solutions proffered before now and concludes that for a nation to grow economically and rise above poverty level, there is need for human capital development since the poverty level in the country has negative impact on Gross Domestic Product (GDP) and Gross National Product (GNP). This study measures Human Capital Development (HCD) through per capital income and Human Development Index (HDI).

The term "freedom of expression" is quite broad and holistic. It includes, within its ambit, not only the conventional freedom of speech and freedom of media, but also the freedom of thoughts, cultural expression, conscience, and intellectual inquiry. Freedom of expression ensures an individual's right to express his/her views openly within the domain of constitution, which also contains the right to be criticial of the prevailing injustices, illegal, anti-social activities, and incompetence and failure of ¬¬¬the government. All this is with a guarantee of safety and without any apprehension or fear of retaliation. Freedom of expression, in contemporary times, also embraces the right to be informed and seek information by the public, to express opinions, and advocate amendments, including changing the regime without resorting to violent means through peaceful measures available in the public domain, with reasonable restrictions. In the past decade and half, Turkish experience as a transitional democracy presents an interesting case study to explain as to how the state of freedom of expression is causally related to the failure of the EU-driven reform process undertaken by the ruling AKP (Turkish: Adaletve Kalkınma Partisi) since the year 2002, when the party won the Parliamentary elections in Turkey for the first time. The issue about the press freedom and freedom of expression in Turkey has for very long time, attracted a great amount of scholarly attention and provoked extensive debate both inside and outside Turkey. Although Turkey remains one of the rare democracy in the West Asia, a region with strong monarchic and semi-monarchic tradition of government, a series of development in the past years has raised several interrogations about the qualitative and quantitative aspects of democracy in Turkey under the AKP.

This study aims to examine administrative efforts as Premium Remidium in the settlement of State Administrative disputes (TUN) in Indonesia. In particular, the discussion in this study regarding administrative efforts as a premium remidium in state administration disputes in Indonesia, the legal consequences of not carrying out administrative efforts by the plaintiffs, and discussing the advantages and disadvantages of implementing administrative efforts in the settlement of state administration dispute. The research method used in this research was normative juridical and used secondary data consisting of laws related to government administration as the primary material and secondary legal materials, namely literature related to research problems. Based on the results of the study, it is known that administrative efforts are the premium remedy (main drug) in the settlement of state administration disputes in Indonesia. The legal consequences that arise when the settlement of the state administration dispute is not preceded by administrative efforts but directly submits a lawsuit to the Administrative Court, namely the lawsuit can be declared not accepted by the judges. Administrative efforts have advantages and disadvantages related to the state administrative dispute resolution mechanism in Indonesia.

As a state of law as well as a democratic state, Indonesia guarantees and protects the right to freely express opinions and the right to organize in society. This in the end becomes the basis for every member of the community to be free to establish an Ormas. The freedom to establish these mass organizations in its development is not controlled due to the absence of real government control and supervision. This has resulted in many mass organizations being born into thugs and illegal organizations. This study aims to analyze the current system of supervision of mass organizations in Indonesia, the weaknesses in the current implementation of mass organizations, and the ideal reconstruction of a system of supervision of mass organizations capable of realizing a just law of mass organizations. The research in this dissertation uses the sociological juridical method. As for the results of the research conducted, it can be found that the current implementation of normative supervision has not been effective, as evidenced by the large number of problematic and prohibited mass organizations, weaknesses in the supervision of mass organizations in the community due to a legal vacuum in the regulation of supervision of mass organizations, so it is necessary to reconstruct values by conducting supervision and education. regarding the goals of mass organizations and the goals of the state and nation as well as legal reconstruction in the form of adding provisions for the supervision of mass organizations in the Law of the Republic of Indonesia Number 16 of 2017.

COVID-19 sent a wave of pandomania across Nigeria, like in every other country due to health risk that it come with, which was declared pandemic. However, its impact has been felt on all aspect of human endeavour; social economic and political. In Nigeria, the pandemic has affects security governance due to pivoted role assigned security agencies in the enforcement of restriction of movement and lockdown imposed by the federal government of Nigeria. The security agencies involved has not been limited to police but it include both military and paramilitary as the case may be. In the midst of continues spread of diseasesand multiplicity of security agencies, security governance became a serious issues. Through the government adopted a pragmatic approached, the result has been of mix blessing. It is in light of the above that the paper examines security, government in theCOVID-19 pandemic periodusing Nigeria as a case study.

This essay takes as its focal point the emergence of the development-security nexus, which reproblematised underdevelopment as inherently dangerous. Conflict, having been rediscovered post-Cold War as an ethno-cultural war waged by civilians within states, was internalised within various forms of scarcity to render the underdeveloped prone to violence In light of this, the main contention of this paper is that development is not a problem of security, but an artificially constructed discourse, which generates further insecurity for people living in the Global South. By employing the Foucauldian theory of biopolitics as methodology to demonstrate that the concept of development is a reductionist and colonial disciplinary technique, which creates the underdeveloped. The present study will refer to colonial Jamaica as an example of this. Subsequently, an analysis will be provided in relation to human security, which will be defined as a technology of governance, a method of ruling over the populace of the Global South. Illustrative of this will be Mozambique, post-1992. Lastly, the study will show how the masses have been construed into political consent of development as a problem of security.

India and Pakistan both are South Asian nuclear states, having a historical animosity that mainly stems from unresolved Kashmir issue. Both states realized the importance of peace therefore went for the negotiations after every battle. However, neither war nor negotiation could lead to the permanent solution. This article presents a critical analysis of the talks and negotiations held from 1998 to 2004 in order to restore peace and to resolve conflicts between both neighbors. The official documents i.e. declarations, agreements and recommendations of the CBMs have provided quite solid material for analytical discussion. Though a great desire of resolving all issues peacefully, including the issue of water and Kashmir through dialogue on both sides have been explored from this analysis, however the resilient elements prevail and deteriorate the peace process on both sides. The role of media has also been found negative in making public opinion. If the international law is implemented and the people of Kashmir are given their right of self-determination under the UNO resolutions both countries can live in peace and address their other issues

State defense threats that arise as a result of the development of the global, regional and national strategic environment also include social conflicts that are still widely found in various parts of Indonesia. The preparation of a national defense strategy from an early age is very much needed to face the worst possibility and the government must hold a total war. The involvement of all national resources is needed including human resources, social conflict is a serious problem in the development of the defense force, so a solution must be found. This paper uses a phenomenological qualitative descriptive method and the theory of defense policy implementation by Lukman Yudho Prakoso to analyze the current problems. The research results show that there is still a need to carry out good handling in handling social conflicts that are integrated, can communicate interactively between entities, and implement transparent, controlled and accountable activities. So that the conclusion can be formulated that it is necessary to instill the value of State defense in handling social conflicts, so that it is hoped that awareness will arise in the community for responsibility in defending the State. Another conclusion is that a strategy is needed to build the best network and the involvement of an entity that functions as a Driver Force for handling social conflicts in supporting military campaign strategies.

This article explores the significant role that the state is still expected to play in initiating and implementing the energy transition. In this regard, it is laid out in three parts. Part I focuses on the premise of the role that derives from constitutional law. This role is considered classic, because it is based on different functions of the state, and the legitimate constrain that distinguishes it from other social actors, including non-state actors. Tremendous materials are offered by the analysis either from the perspective of sociology or law studies when it comes to the specific situation of French-speaking African states. The scope of analysis is broadened with the energy law approach. With a focus on African English-speaking countries, the article examines both the way the state is enforcing statutes aiming to design its own transition scheme and exercising its discretionary power through its energy policy. Beyond the functions of the state—deriving from its sovereign power—these elements set out the direction in quest of a specific role the state can play in the energy transition as a process in Part II. As such, the energy transition, if it is to lead to coherent social change, requires strong and dynamic leadership, including clear, nuanced, and forward-looking direction on the broad sections of the overall process, and the environmental justice issues that necessarily cluster around them. For this reason, the role of the state is construed as both a steering role, and an integrative role for environmental, economic and social issues. Part III provides a rationale for the necessary and strong support of international cooperation—to the state—in order to achieve the paradigm shift smoothly. In Part IV, I emphasize the African Union's transition initiatives in the run-up to COP 25, which I hold out as an inducement for states' efforts. In fact, this article seeks to address these issues. Taken together, they could help build a coherent pattern of the role that African states play in the energy ...

Purpose: The feelings that an employee have for the job is essential to be analyzed the job satisfaction level of government employees after implementation of federal state in the context of Bhojpur district of Nepal. Design/Methodology/Approach: The questionnaire was distributed to governmental employees via mail and direct distribution to respective offices of Bhojpur district with 93.8% of response rate. The data has been divided into local, provincial and federal categories and separately analyzed along with combined analysis too. Satisfaction level along with the factors of the same was accessed using SPSS for descriptive and inferential statistics. Findings/Result: Government employees from all tiers of government viz. local, provincial and federal are dissatisfied with present remuneration, benefit and employee adjustment process along with present organizational structure, wage policy, present work performance evaluation system and decision-making system in offices but satisfied with present leave system after promulgation of federal structure. Present job authority and position are acceptable level for employees working in all three tiers of government. Most crucial factor seems to be promotion and career growth rather than remuneration. Job training, working environment, team spirit and right work performance evaluation system seem to be major parameters for job satisfaction. Job location is temporary in nature which can be easily handled. Strong reservation on promotion and job rotation approach which is included in new federal structure by all tiers of government employees. Originality/Value: It is a survey research to guide for amendment of present organizational structures and wage policy in new federal structure of Nepal. Paper Type: Survey based Policy Research