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Book part
Publication date: 9 September 2020

Chris Thornhill

This chapter proposes a sociological reconstruction of the emergence of citizenship as a source of legitimacy for political institutions, and it focuses on examining the…

Abstract

This chapter proposes a sociological reconstruction of the emergence of citizenship as a source of legitimacy for political institutions, and it focuses on examining the historical processes that first gave rise to this concept. It explains how citizenship has its origins in the transformation of feudal law, a process that culminated in patterns of military organization that characterized the rise of the early modern state in Europe. On this basis, it describes how the growth of constitutional democracy was integrally marked by the militarization of society and explains that military pressures have remained palpable in constitutional constructions of citizenship. In particular, it argues that, through the early growth of democracy, national citizenship practices were closely linked to global conflicts, and they tended to replicate such conflicts in national contexts. It concludes by showing how more recent processes of constitutional norm formation, based largely in international human rights law, have acted to soften the military dimensions of citizenship.

Book part
Publication date: 22 August 2006

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Documents from and on Economic Thought
Type: Book
ISBN: 978-1-84950-450-8

Book part
Publication date: 22 December 2006

Jacques Chevalier

The French strong stare tradition decisively shapes both its past and present development of public administration. France created some of the earliest continental administrative…

Abstract

The French strong stare tradition decisively shapes both its past and present development of public administration. France created some of the earliest continental administrative institutions and the first studies of public administration. The development of the French liberal stare in the 19th century led to the predominance of law and lawyers emphasizing the guarantee of citizens’ rights and limits on state power. The shift to law eclipsed social science-based public administration. Since the 1960s, for various reasons, France has witnessed the reemergence of a broader administrative science, with law-based models competing with managerial and sociological-based models. Today several analytical approaches exist, reflecting a complex and rich pluralism, although legal dogma remains strong and poses dilemmas for the independence of French administrative sciences.

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Comparative Public Administration
Type: Book
ISBN: 978-1-84950-453-9

Book part
Publication date: 12 January 2021

Violeta Pallavicini

Costa Rica is recognized as one of the two countries with the longest continuous democracy in Latin America. After a short civil war, the country dissolved its armed forces and…

Abstract

Costa Rica is recognized as one of the two countries with the longest continuous democracy in Latin America. After a short civil war, the country dissolved its armed forces and adopted a new constitution that established the basis of a Welfare State and a meritocratic public administration. The aim of this chapter is to analyze the characteristics of the Costa Rican public administration since the end of the 1990s. We discuss the dilemmas presented by its high level of fragmentation and the actions that have been taken—based mainly on the neo-Weberian paradigm—to modernize the traditional public apparatus so that it becomes more efficient, transparent, and responsive to citizens.

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The Emerald Handbook of Public Administration in Latin America
Type: Book
ISBN: 978-1-83982-677-1

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Book part
Publication date: 7 December 2016

Songshan (Sam) Huang

Laws, regulations, and policies, including specific intergovernmental visa agreements, exert significant influences on people’s mobility and cross-border travels. Such forces are…

Abstract

Laws, regulations, and policies, including specific intergovernmental visa agreements, exert significant influences on people’s mobility and cross-border travels. Such forces are powerful in shaping the emerging Asian tourism market. This chapter provides a critical review and analysis of the laws and regulations that have shaped Chinese outbound tourism. It first reviews the evolution of China’s policies and government attitude toward outbound tourism. The three tourism administration regulations promulgated by the State Council are then reviewed and their implications for outbound tourism are discussed. The Tourism Law enacted in 2013 is reviewed and discussed separately due to its significance and supreme power in China’s legal system. Finally, the chapter discusses the impact of intergovernmental visa facilitation arrangements on Chinese outbound tourism.

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The World Meets Asian Tourists
Type: Book
ISBN: 978-1-78560-219-1

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The Handbook of Road Safety Measures
Type: Book
ISBN: 978-1-84855-250-0

Book part
Publication date: 4 April 2006

David Hine

Codes of conduct have been adopted very broadly on both sides of the Atlantic in the last two decades. They have been introduced for both elected representatives and appointed…

Abstract

Codes of conduct have been adopted very broadly on both sides of the Atlantic in the last two decades. They have been introduced for both elected representatives and appointed officials. Though the accountability mechanisms vary, elected politicians prefer self-policing and enforcement. For appointed officials who carry out specialized functions with exposure to particular, clearly identifiable, ethical risks, where the need for public trust and confidence is great, it is important but also relatively straightforward to develop codes of practice. For generalist public servants, the situation is different. The range of ethical risk to which civil servants are exposed is broader. It is less easy to be specific about the risks involved.

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Public Ethics and Governance: Standards and Practices in Comparative Perspective
Type: Book
ISBN: 978-0-76231-226-9

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Public-Private Partnerships, Capital Infrastructure Project Investments and Infrastructure Finance
Type: Book
ISBN: 978-1-83909-654-9

Book part
Publication date: 14 April 2016

Karin Loevy

This paper challenges and expands commonplace assumptions about problems of time and temporality in emergencies. In traditional emergency powers theory “emergency time” is…

Abstract

This paper challenges and expands commonplace assumptions about problems of time and temporality in emergencies. In traditional emergency powers theory “emergency time” is predominantly an “exceptional time.” The problem is that there is “no time” and the solution is limited “in time”: exceptional behavior is allowed for a special time only, until the emergency is over, or according to formal sunset clauses. But what is characteristic of many emergencies is not the problem of “no time” but the ways in which time is legally structured and framed to handle them. Using the Israeli High Court of Justice 1999 decision on the use of physical interrogation methods under conditions of necessity, this paper illustrates how legally significant emergency-time structures that lay beyond the problematic of exceptional time, gravely implicate the way that “exceptional measures” are practiced and regularized.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78635-076-3

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Book part
Publication date: 4 July 2019

Dmitry A. Lipinsky, Victoria V. Bolgova, Aleksandra A. Musatkina and Tatiana V. Khudoykina

The purpose of the research is to determine the essence and notion of economic violation of law and their varieties, and to determine the reasons that lie in the basis of this…

Abstract

The purpose of the research is to determine the essence and notion of economic violation of law and their varieties, and to determine the reasons that lie in the basis of this negative social phenomenon. The authors use the philosophical law of integrity and struggle of contradictions and rather-legal, historical and legal, and formal and legal methods of scientific cognition. Such laws of dialectics and transition of quantitative changes into qualitative changes, negation of negation, and others are used. Signs and types of economic violations of law are analyzed and their predetermination by the conflict character of economic relations is noted. Comparison of economic violations of law that are peculiar for administrative and market models of economy is performed. The universal character of economic relations as objects of legal protection is shown. Classification of economic violations of law, based on the level of their public danger and spheres of distribution, is provided. Special attention is paid to civil and legal violations of law as a variety of economic violations of law, based on not anti-social settings of the subject but conflict with the borrowed system of values, which is alien to most members of society. The notion “economic violation of law” is of the collective character and includes illegal actions regarding economic relations, and the latter are of the conflict character due to different interests of subjects, the existing competition, and striving for obtaining profit. Economic violation of law is an illegal form of solving the existing conflict, which leads to application of measures of legal responsibility. The causes of economic violations of law could be overcome by implementation of the values and ideals of justice in the legal norms. They should be based on historical, cultural, spiritual, and legal traditions. All that is imposed artificially is destined for rejection and creation of new conflicts, including economic violations of law.

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