Introduction In the following paragraphs, independence of Lviv and Crimean referendum will be discussed. Actually, Independence of Lviv cannot fulfill condition of statehood. Crimean referendum is illegitimate. Independence of Lviv Independence of Lviv can be explained by declaratory theory and constitutive theory. Lviv partly fulfill the conditions of statehood in terms of declaratory theory. Declaratory theory refers to the Article 1 of the Montevideo Convention on Rights and Duties of States. It stated that a state has permanent population, defined territory, government and capacity to enter into legal relations (Shen, 2014). Under this extent, Lviv can only fulfill 2 conditions which are 2.5 million population and 21833 square kilometers of territorial size (Thehousenews, 2014). In other words, Lviv cannot fulfill condition of government. It is believed that a government is guaranteed to be able to maintaining political order, implementing foreign policies and securing and enforcing international rights and responsibilities. Lviv is able to maintain political order but failed to function on the remaining realm. Lviv also cannot fulfill condition of capacity to enter into legal relations. Until now, she has not build up diplomatic relations with other states (Shen, 2014). In terms of constitutive theory, she cannot fulfill the conditions of statehood. The theory stated that a state must get recognition of others. There is no country makes formal pronouncement, official
A major weakness of the referendum process it that that if the proposal is to complex or there is a number of proposals to be consider, voters are likely to struggle to understand the issue or be engage in the debate as it is too complex for them. It would create many people to be confused and therefore elect to vote No so that the constitution wouldn’t be changed as they are afraid what would happen in the future if there vote YES. On the other hand, a major strength of the process of referral
The relationship between States and their localities in many cases is strained. State government gives their local governments life, they create the laws for them. However, throughout history, state governments have not treated their localities as they suppose to. That is why the National Conference of State Legislatures (NCSL) stated on the state-local relation “Legislators should place a higher priority on state-local issues than has been done in the past. The time has come to change their attitude toward local governments.” They want the state governments to see localities as partners in the federal system.
Also, politicians may go against the wishes of the people, for example with the bedroom tax. There was a great deal of controversy associated with it, however the government still pursued it. If a referendum had been held, the opinions of the public on the matter may have been expressed, however one wasn’t held therefore this political action could be deemed as being undemocratic.
Page 99/ chapter 3: I think devolution is a good policy, because it allows lover governments make decisions by themselves. In addition, it will increase the authority of lover governments. It means lover government and national government has same authority which is the basic system of federalism.
Referendum: Referendum is defined as the procedure enabling voters to reject a measure passed by the legislature. Referendum can also be defined as when the citizens or the people of a state choose to petition in order to repeal or nullify an act or bill that was passed by the legislature. A referendum can also be defined as vote to on a question on a ballot. A referendum is related to an initiative in that both begin by petitions. There are two types of referendum, the first type is legislature referendum and the second is popular referendum. Legislature referendum is when the legislature presents something to the voters on the ballot that needs their approval. Popular referendum is when something appears on the ballot due to the voter’s motivation to petition, it is a common view among the majority of the people. An example of referendum
Over one hundred and eighty sovereign states are members of the United Nations and they have different constitutions. Some have to provide for a federal structure, in others although unitary, include different legal systems within the one state. The disparities between constitutions deals with momentous ethnic, linguistic and religious considerations. Their vagueness requires a prudent imposition on what ?is? and what ?ought? to be the law. The premise of this piece is on Global Administrative Law, with an exegesis on critical legal studies.
The “state” is best understood in relation to a government’s power, influence and involvement with citizens’ rights in a given territory. The larger the state the more involved it is in the lives of its citizens.
If a referendum is successful, the Governor-General will need to assent to the Bill to become an Act. Moreover, since the referendum effectively abolishes the Office of the Governor-General, alternative arrangements could be needed to be
With regard to a mayor-council form, the system itself is based upon the presence of numerous factors which lead to the creation of a range of types which share one basic foundation. As suggested by the premise of this form of local government, the primary actors which come together to continue the sustenance of this framework include the mayor and the council, both of which must be elected (Center for Governmental Research 1). Consequently, the presence of these two parties within the wider framework entails the extent to which each actor holds a certain degree or extent of authority in managing the affairs of the city, this notion implies that the distribution of power and authority maybe classified as relative or absolute wherein it may favor the elected mayor or the elected council in terms of possession of power on the basis of the chosen variation of the mayor-council form of government.
But, if someone were to look past their violent ways then there is really nothing that can be said to keep them from being a country. They have enough resources and they meet most all the basic criterion a country should have. They have sort of a government,
Through understanding where ultimate authority resides in political institutions, the features and key principles of democracy are analysed. Furthermore, through revising sovereignty, it can be understood how it applies to non-democratic institutions such as dictatorships or one party political regime. By studying sovereignty, a comparison of the contrasting political regimes, (democracies and dictatorships) can be undertaken. Sovereignty, in this way is an intrinsic part of the study of politics. The concept of sovereignty enables a student to explore one of the political controversies of the C21st.
Modernization of the statehood has developed over the course of history, and has clearly defined properties, which give the foundations for ruling. The development of the modern state can only be understood by first evaluating its characteristics. Four major values include: territory, sovereignty (internal and
In early 2014, Russia made the decision to conduct an illegal military intervention into Ukraine. It all began when there was a dispute over whether Ukraine should accept financial help from Russia or Europe, which then ascended into the ousting of the Ukrainian president and then invasion of Ukraine. More specifically, Russia began to taking over the Ukraine territory of the Crimean Peninsula through illegal use of force (Global Security, 2016). During that time, the Russian government voted to place Crimean’s into the Russian Federation, which had been rapidly accepted by the President of Russia himself, Vladimir Putin. Most of the Crimean population is ethnic Russians, although there are also the pro-Ukraine Tatar minorities that make
Sovereignty is a norm of the International system upon which the ‘society of states’ rests. Territorial sovereignty refers specifically to the power of the state ‘the territorial limits within which state authority may be exercised on an exclusive basis.’ This essay will explore the concept and development of sovereignty within the system of states. Firstly, it will identify the state system before the ‘Peace of Westphalia’ in 1648, then it will compare the ever changing forms of sovereignty since, and the reasons for change, which have established the modern form of sovereignty which exists today.
Yugoslavia was a very successful country under the lead of Josip Broz Tito. Yugoslavia was made of 6 Republics and those were: Croatia, Montenegro ,Bosnia & Herzegovina, Montenegro, Slovenia, Serbia, Macedonia and Kosovo together with Vojvodina which at that time were recognized as provinces. After the death of Tito Yugoslavia began to demolish. The collapse of Yugoslavia began in 1980, and it continued until the 27th of April 1992, which in history is known as the date when Yugoslavia totally collapsed. In my opinion, the reason that the disintegration of Yugoslavia happened was because of the decline in absolute sovereignty. In this paper, I am going to talk about the definition of sovereignty, different perspectives about the disintegration of Yugoslavia from some authors and the decline in absolute sovereignty which led to the disintegration of Yugoslavia.