In connection with the decision of the Constitutional Court Number 137/PUU-XIII/2015, this study examined the cancellation of regional regulations reviewed in Indonesia's constitutional system. The ...research method is normative legal research, or looking at the laws and regulations that are in effect. This study also collects legal materials using the library method, which are presented qualitatively and descriptively. This study will demonstrate the connection between the cancellation of regional regulations and the authority and position of the Minister of Home Affairs as assistant to the president in the Indonesian constitutional system. The regional regulation was scrapped because it was thought to make it harder to make investments in Indonesia. The Republic of Indonesia's central government has the authority to oversee the administration of regional governments, overseeing every regional regulation and regional head regulation. Be that as it may, after the choice of the Protected Court, the Clergyman and lead representative as delegates of the focal government never again have the position to drop a territorial guideline. In conclusion, this study reveals that the governor and the Ministry of Home Affairs can only cancel regional regulations that conflict with higher regulations, are not in line with interests, or violate moral norms in general through the process of testing regional regulations before they are enacted (executive). preview). This is different from the situation before the Constitutional Court's decision, when the Minister of Home Affairs and the Governor still held authority.
Introduction. Since the end of the 20th and beginning of the 21st centuries, all areas of social management, including public management, have been seriously influenced by modern digital ...technologies, which, on the one hand, create new opportunities to increase the efficiency of management activities; on the other hand, they pose certain risks, potentially provoking digital inequality. The article presents an analysis of the prerequisites and causes of digital inequality in municipalities. The criteria for such inequality are identified and generalized. An attempt was made to find out the attitude of local governments and citizens, living under digital lockdown, towards the digital transformation of public administration and local economy. Proposals have been made to level the digital divide in municipalities. Theoretical analysis. The problem of digital inequality has been the focus of attention of researchers for over 20 years. However, the scientific discourse on digital inequality is still fragmented: there is no universal interpretation of this phenomenon in the theoretical aspect; there are no uniform parameters for measuring it, and no algorithm for overcoming it has been developed. It is noted that approaches to understanding digital inequality and its consequences have undergone major changes: from unhindered access to the Internet to a person’s request to use digital resources, including those in the field of local government. Empirical analysis. The analysis of the legal regulation of digital transformation was carried out. As a result, it was concluded that flexible or “soft” legal regulation of the digitalization of public administration currently prevails. It is indicated that a special federal law regulating the process of digital transformation in the public administration system and in the local government system, respectively, has not been adopted in the Russian Federation. The criteria for assessing the digital inequality of Russian subjects, the possibility and feasibility of scaling them to the level of local government were analyzed. Results. Based on the results of the study, it is shown that at the local government level, digital inequality is an urgent problem that has a complex technological, socio-economic, socio-cultural and legal nature. It has been proven that there has been a transformation in the essence and understanding of digital inequality: from the problem of access to digital technologies to ensuring equal conditions for citizens to exercise their constitutional rights through such technologies, including the right to local self-government. A proposal for a special program approach has been made to overcome the digital divide in municipalities.
Constitutional court, as a special institution of the centralised system of constitutional control, takes significant place in a modern constitutional state. The aim of this paper is to indicate the ...main features of Italian and Serbian constitutional courts and their role in the development of constitutional systems. The analysis will cover the scope and quality of their competences, the way on which they interpret the constitutional text and the quality of dialogue they develop with judicial and political organs. The special focus will be put on the role of the Italian Constitutional court in protection of constitutional identity which seems to have the key role in the development of the European constitutionalism today.
The article demonstrates that the rules and practices of cabinet formation and investitures should be taken into account to better grasp the variety of semi-presidentialism in Europe. This is ...extremely important, since semi-presidentialism as a constitutional system of government (primarily according to a minimalist approach to the definition) is the most common form of inter-institutional and political relations in European countries. The former is most often understood as a constitutional design of inter-institutional relations with a president popularly elected for a fixed term, as well as with a cabinet headed by a prime minister who are collectively responsible to parliament. Thus, not only presidents and parliaments, but cabinets too play a crucial role in the constitutional and political practice of semi-presidentialism, since the latter are collectively responsible to parliaments (or simultaneously to presidents), but are characterised by distinctive parameters of formation. The assumption and hypothesis are that options of cabinet formation and inter-institutional relations in this regard can structure European semi-presidentialism, even without affecting the definition of this constitutional design, but probably depending on the roles and powers of presidents and parliaments in cabinet formation, as well as types of semi-presidentialism regarding the consideration of who can dismiss the cabinet. Based on comparison and systematisation of the cases of European semi-presidentialism, it is justified that cabinet formation (including within various types and consequences of parliamentary votes of investiture in cabinets, as well as their absence) is typically focused on a junction of relations between presidents and parliaments, and are likely to serve as a classification indicator of semi-presidentialism. This is important for constitutional engineering, since detailing the optionality of semi-presidentialism as a constitutional design and system of government, particularly regarding cabinet formation, should extend the horizons, as well as systematise the idea of the options and effects of various institutional designs (in addition to presidentialism and parliamentarism) and political regimes (including democratic, autocratic and hybrid).
Las Nuevas Poblaciones de Sierra Morena y Andalucía disfrutaron a partir de 1767 de un régimen foral que les garantizaba una serie de privilegios y exenciones. Las Cortes de Cádiz, no obstante, ...consideraron incompatible con la Constitución su permanencia, por lo que fue suprimido en 1813 y, nuevamente, en 1820. El objetivo de este trabajo consistirá en analizar la resistencia que sus vecinos mostraron al liberalismo, las estrategias de los antiguos gobernantes absolutistas para seguir ocupando puestos de poder en ellas y, sobre todo, la decidida colaboración que estos prestaron para la captura de Rafael del Riego en 1823.
Enviado el (Submission Date): 25/04/2022Aceptado el (Acceptance Date): 8/06/2022
The article proves the Constitutional System of Ukraine guaranteeing means sustainable legal secure and effective protection of the Constitutional values and principles integral aggregate, which are ...form the core of it. To such fundamental politic-legal values are belong: freedom and legal limitation of the state power, human rights and freedoms, the rule of the people, legal-state and the rule of law, separation of powers, as well as a variety of other major constitutional principles. The conclusion was made that the main constitutional value protected by the administrative tribunal is freedom of person in all of its aspects coupled with the main human rights and freedoms as its form of practical implementation. There were analyzed forms and legal arrangements of the constitutional system of Ukraine guaranteeing by the administrative courts. Proved that safe guaranteeing of the constitutional system of Ukraine by the administrative courts is performing in the first place through the judicial protection of human constitutional rights and freedoms as well as by provision of the practical operation of the authority limitation principle and democracy ruling, the legal state and the rule of law. The basis for appellation against actions or decisions of the state power authorities, local governments’ bodies, and its officers as a non-legal in the administrative court is actions or decisions made above its powers, made in unintended form or by unestablished means. Concluded that effective constitutional system guaranteeing could be made only the real independent, authoritative administrative courts system, the establishment of which is one of the main targets for the state-legal building in Ukraine.
The subject. The article names the conflict situations that have developed in the Russian Federation that threaten Russian constitutionalism, searches for ways to resolve them, and outlines measures ...to improve the constitutional and legal protection of the constitutional system and the territorial integrity of our state.
The purpose of this article is to identify threats to constitutionalism in the Russian Federation from the point of view of the ethnopolitical and historical development of Russia as well as to identify conflict situations that generate these threats.
The methodology. Dialectical method, systematic approach and system analysis, formaldogmatic, logical-legal, comparative-legal, concrete-historical and sociological methods were used.
The main results, scope of application. The article indicates the impact on Russia of the negative processes that led to mass riots in foreign countries, and the conflict situations caused by them. When destabilizing public relations in Russia, one of the first places is occupied by inciting hostility on the basis of national relations, first of all, inciting an aggressive minority against a state-forming ethnic group. Grievances and disagreements that took place in the historical past, as well as contradictions of an interfaith and intercultural nature are used as reasons.
The article makes proposals for the prevention, suppression and elimination of negative processes and conflict situations aimed at strengthening Russian constitutionalism.
They are reduced not only to strict compliance with the existing constitutional and sectoral norms; elimination of contradictions in the Constitution, as well as the specification of constitutional norms by sectoral rules; timeliness, proportionality and inevitability of state coercion measures applied to offenders. Restoration and accelerated development of sectors
of the national economy destroyed during the perestroika; increasing the number of jobs with decent wages; employment of citizens of the Russian Federation first of all; comprehensive expansion of the network of professional training in industrial and technical specialties are among the important measures to protect constitutionalism.
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