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Termín:9.3.2013 - 10.3.2013 (sobota - 9.00-12.00, 14.00-17.00, neděle - 9.00-12.00)
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Prosecuting Trump might unavoidably be political – and other international locations have had blended achievement in keeping ex-presidents responsible

The authors do not work for, consult, personal shares in or acquire investment from any agency or business enterprise that might benefit from this text, and have disclosed no relevant affiliations beyond their educational appointment.
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When Attorney General Merrick Garland stated on Jan. five, 2022, that he could prosecute anybody worried within the Capitol riots, he turned into now not handiest laying out his method to the sprawling research of that attack. He also seemed to be responding to a growing number of humans who have forced him to announce he could criminally charge former President Donald Trump for the function he performed in the day’s occasions.
“The Justice Department stays devoted to conserving all January sixth perpetrators, at any level, responsible under law — whether or not they were present that day or had been otherwise criminally answerable for the attack on our democracy,” stated Garland. “We will follow the facts anyplace they lead.”
No U.S. ex-president has ever been criminally charged.
Prosecuting modern-day or beyond pinnacle officers accused of illegal behavior looks like an obvious selection for a democracy – every body ought to be held responsible and challenge to the rule of thumb of regulation.
But there are consequences to prosecutions of those officials – now not just for them, but for their international locations.
Presidents and top ministers aren’t simply everybody.
They are chosen with the aid of a nation’s citizens or their parties to steer. They are often popular, every now and then respected. So judicial court cases towards them are necessarily perceived as political and turn out to be divisive.
Other countries’ former presidents are being investigated, prosecuted and even jailed worldwide.
In Bolivia, ex-President Jeanine Áñez was arrested on terrorism, conspiracy and sedition prices on March thirteen, 2021, and is headed to trial quickly. A week earlier than, former French President Nicolas Sarkozy was sentenced to prison for corruption and influence peddling.
Israel’s former Prime Minister Benjamin Netanyahu is presently on trial for corruption. Jacob Zuma, the former president of South Africa, is in a extended fight towards corruption prices and turned into sentenced to fifteen months in prison for contempt of court.
If the prosecution of beyond leaders is brought by using a political rival, it may cause a cycle of prosecutorial retaliation. Despite the independence of the U.S. Justice Department, headed via Garland, a prosecution of Trump might be visible as political because Garland turned into appointed by means of President Joe Biden.
This is partially why U.S. President Gerald Ford pardoned Richard Nixon, his predecessor, in 1974. Despite clear evidence of crook wrongdoing within the Watergate scandal, Ford feared the united states of america “could needlessly be diverted from meeting (our) challenges if we as a human beings had been to remain sharply divided over” punishing the ex-president.
Public response at the time become divided alongside celebration traces. But many people now see absolving Nixon as essential to heal the U.S.
Our research on prosecuting international leaders unearths that each sweeping immunity and overzealous prosecutions can undermine democracy. But such prosecutions pose exceptional risks for mature democracies like France than they do in nascent democracies like Bolivia.
Strong democracies are usually in a position enough – and the judicial gadget impartial enough – to head after politicians who misbehave, including top leaders. Sarkozy is France’s second current president to be located responsible of corruption, after Jacques Chirac in 2011. The u . s . didn’t collapse after Chirac’s conviction.
In mature democracies, prosecutions can keep leaders responsible and solidify the rule of thumb of law. South Korea investigated and convicted five former presidents starting within the 1990s, a wave of political prosecutions that culminated in the 2018 impeachment of President Park Geun-hye.
But even in mature democracies, prosecutors or judges can weaponize prosecutions.
Some observers say the three-yr jail sentence handed down to France’s Sarkozy – whose corruption conviction entails kickbacks and an try to bribe a Justice of the Peace – was too harsh.
Overzealous political prosecution is more likely, and potentially more negative, in emerging democracies where courts and different public institutions may be insufficiently unbiased from politics. The weaker and greater beholden the judiciary, the easier it's miles for leaders to make the most the machine, either to make bigger their very own strength or to take down an opponent.
Brazil embodies this quandary.
Ex-President Luiz Inácio “Lula” da Silva, a former shoeshine boy grew to become popular leftist, was jailed in 2018 for accepting bribes in what many Brazilians felt changed into a politicized attempt to cease his career.
A 12 months later, the identical prosecutorial group accused the conservative former President Michel Temer of accepting thousands and thousands in bribes. After his term ended in 2019, he changed into arrested; his trial became later suspended.
Both Brazilian presidents’ prosecutions are part of a years-long sweeping anti-corruption probe by means of the courts that has jailed dozens of politicians. Even the probe’s lead prosecutor is accused of corruption.
Brazil’s crisis both suggests no one is above the law – or tells the general public that their authorities is incorrigibly corrupt. When that occurs, it turns into less difficult for politicians and electorate to view leaders’ transgressions as a everyday value of doing business.
For Lula, a conviction didn’t necessarily end his career. He was launched from jail in 2019 and in March 2021 the Supreme Court annulled his conviction. He is now going for walks to reclaim the presidency.
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Mexico has a extraordinary approach to prosecuting beyond presidents: It doesn’t do it.
During the twentieth century, Mexico’s ruling Institutional Revolutionary Party, or PRI, mounted a gadget of patronage and corruption that stored members in power and different parties in the minority. While making a display of going after smaller fish for corruption and other indiscretions, the PRI-run felony system wouldn’t touch top birthday party officials, even the maximum openly corrupt.
Impunity saved Mexico stable in the course of its transition to democracy within the Nineteen Nineties by using placating PRI individuals’ fears of prosecution after leaving office. But government corruption flourished, and with it, organized crime.
Mexico is far from the handiest united states of america to overlook the bad deeds of beyond leaders, which includes those who oversaw human rights violations. Our studies finds that just 23% of nations that transitioned to democracy between 1885 and 2004 charged former leaders with crimes after democratization.
Protecting authoritarians might also seem opposite to democratic values, but many transitional governments have determined it is important for democracy to take root.
That’s the bargain South Africa struck as apartheid ended after decades of segregation and human rights abuses. South Africa’s white-ruled authorities negotiated with Nelson Mandela’s Black-led African National Congress to ensure they would avoid prosecution and keep their wealth.
This method helped the usa transition to majority Black rule in 1994 and keep away from a civil warfare. But it hurt efforts to create a greater identical South Africa: It nevertheless has one of the world’s maximum racial wealth gaps.
Corruption is a hassle, too, as former President Zuma’s prosecution for lavish non-public use of public price range indicates. But South Africa has a famously unbiased judiciary, and Zuma’s prosecution is supported by way of the current president. It may also but deter future misdeeds.
Israel didn’t anticipate Prime Minister Netanyahu to leave office to investigate wrongdoing. He became indicted in 2019 for breaches of consider, bribery and fraud; his trial is underway.
But it turned into fraught with delays, in element due to the fact as prime minister, Netanyahu used the energy of the replique montre country to withstand what he known as a “witch hunt.” The trial precipitated protests through his Likud celebration and an unsuccessful bid to secure immunity, amongst other stall approaches. Netanyahu changed into even reelected even as below indictment.
Israel is in part a testomony to the rule of thumb of regulation – and partially a cautionary tale approximately prosecuting leaders in democracies.
This tale is an update to an article posted on March 16, 2021.

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Lektor:BcA. Saša Rychecký