Academic literature on the topic 'Constitution'
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Journal articles on the topic "Constitution"
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de Raadt, Jasper. "Contested Constitutions." East European Politics and Societies: and Cultures 23, no. 3 (May 5, 2009): 315–38. http://dx.doi.org/10.1177/0888325409333192.
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What were the effects of constitution-making procedures on the acceptance of the new “rules of the political game” in postcommunist Central Europe? This article sets out to scrutinise the increasingly popular claim among politicians and scholars of democratisation that inclusiveness and popular involvement in constitution-making processes enhance a constitution's legitimacy. The concept of constitutional conflict, referring to political contestation over the interpretation and application of constitutional relations among state institutions, is introduced as a way to assess constitutional acceptance among politicians. The investigation concentrates on constitutional conflict patterns during the five years following constitution-making in seven Central European countries: Bulgaria, the Czech Republic, Estonia, Hungary, Poland, Romania, and Slovakia. Constitution-making procedures varied substantially among the cases, as did the intensity and timing of constitutional conflict. The article finds that differences in constitution-making procedures do not necessarily determine the legitimacy of constitutions among political elites. Instead, ambiguity on the allocation of formal competencies among political actors and increasing political tensions between pro-reform and anti-reform parties during the early 1990s proved to be more important triggers of constitutional conflict. Accordingly, studies on constitution-making and democratisation should focus less on procedural aspects and take into account the fuzziness of important constitutional provisions and the extent to which constitutions can survive periods of intense political polarisation.
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Costa, Renato. "John Finnis and the central case constitution." Journal of Legal Philosophy 49, no. 1 (April 26, 2024): 25–49. http://dx.doi.org/10.4337/jlp.2024.01.02.
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This article formulates a novel conception of constitutions based on John Finnis’s jurisprudential work. The ‘central case constitution’ transcends the formal or functionalist analyses currently dominant in constitutional theory by considering a constitution as having a ‘double life’. Constitutions are necessarily and intrinsically normative and factual. The article explores Finnis’s natural law philosophy, emphasizing the central case constitution’s alignment with the practical reasonableness viewpoint and its role in directing a political community towards its common good. Focusing on key elements such as the rule of law and the context of a political community, the central case constitution emerges as a legal determination that structures society, frames political institutions and authoritatively directs communities towards justice. This ontological understanding has theoretical and practical implications, including identifying genuine constitutional purposes, safeguarding private associations from the overwhelming state presence, promoting community identity and accommodating diverse constitutional choices for self-determination.
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Kaczmarczyk-Kłak, Katarzyna. "The principle of property protection in the Constitutionof the Republic of Poland - past and present." Nieruchomości@ III (September 30, 2023): 121–46. http://dx.doi.org/10.5604/01.3001.0053.8970.
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The purpose of this article is to present ownership as defined in the Constitution. The authoranalyses the issue from its recognition in the Constitutions of the interwar period, the Constitutionof 1952, to the current understanding in the Constitution of 1997. The problem ofinterpretation of ownership in selected jurisprudence of the Constitutional Tribunal, commonand administrative courts, as well as the limits of its protection is presented
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Shinar, Adam. "Deconstructing Mixed Constitutions." Law & Ethics of Human Rights 16, no. 1 (May 1, 2022): 167–92. http://dx.doi.org/10.1515/lehr-2022-2005.
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Abstract A central task of comparative constitutional law scholarship is categorization and classification of constitutions. Recent scholarship, no doubt informed by the populist tide, has sought to develop the concept of a mixed constitution. Broadly speaking, a mixed constitution is a constitution that integrates liberal and illiberal elements, elements that are usually separate and not found under the same constitution. The study of “mixed constitutions” encompasses both descriptive and normative aspects. First, an attempt to ascertain what, exactly, makes a constitution “mixed.” Second, an attempt to analyze either the desirability of such a system or an attempt to figure out how to harness mixed constitutions in the service of particular normative goals, for example the protection of human rights. This article has two goals. First, an inquiry into the descriptive aspect of mixed constitutions. My aim is to show that given the seeming consensus of what constitutes a mixed constitution, the category itself might encompass many more constitutions than is often acknowledged, to the point that many constitutions are likely to be mixed to a certain extent. My second goal is to demonstrate that given this definitional consensus, what makes a constitution mixed is not necessarily because the constitution itself is mixed, but because sub-constitutional norms shape our constitutional understanding. Put differently, the meaning of a constitution is not determined exclusively through an analysis of the constitution, but also by shifts in sub-constitutional understandings. If this is correct, then it turns out that the universe of mixed constitutions is much larger than thought, which casts doubt on the utility of the category of mixed constitutions.
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Trifonov, S. G. "THE CONSTITUTION AS AN OBJECT OF LEGAL PROTECTION: THE HISTORICAL AND THEORETICAL ASPECT." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6(72), no. 3 (2021): 30–41. http://dx.doi.org/10.37279/2413-1733-2020-6-3-30-41.
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Ideas about the need for special means of protecting the Constitution arise and develop simultaneously with the appearance of the first written constitutions. The study of the protection of the Constitution reveals the legal tools that can be used to prevent attacks on constitutional principles and values. The article analyzes the meaning of the term Constitution in historical retrospect, highlights the organic connection between the terms Constitution and constitutionalism, and pays attention to the thoughts of scientists and educators about the Constitution and its legal protection. It also describes the techniques used to protect the first constitutions. Ideas for a certain protection or defense of the Constitution arose immediately with the appearance of the first constitutions. They were implemented gradually, either finding their expression in the constitutional text itself or following the development of judicial practice. Such means gradually became the institution of repeal of acts, the formation of the constitutional-legal Institute of the guarantor and guardian of the Constitution, the Institute of constitutional control, the procedure for changing the Constitution, and others.
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Palmer, Sir Geoffrey. "The Hazards of Making Constitutions: Some Reflections on Comparative Constitutional Law." Victoria University of Wellington Law Review 33, no. 3-4 (December 1, 2002): 631–60. http://dx.doi.org/10.26686/vuwlr.v33i3-4.5815.
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After teaching comparative constitutional law in the United States, Sir Geoffrey Palmer explores the nature of constitutional law in general terms and how New Zealand could learn from others. The author compares New Zealand's uncodified constitution to, for example, the United States who has a codified written constitution. The article then discusses the entrenched nature of some constitutions, compared to New Zealand's flexible and fluid constitution that exists largely in several ordinary statutes. Because of New Zealand's fragmented constitution, it is argued that its constitution has an unclear and indeterminate status; indeed, constitutional policy hardly makes an appearance in New Zealand politics. The author briefly looks at how constitutions protect fundamental rights and constitutional design in general terms, concluding that New Zealand's discussions on constitutional themes are too infused with analytical positivism, legalism, and traditionalism for policy issues. Finally, the author discusses the role of Fiji's constitution in light of its military coups. The author concludes that constitutional reform is needed in New Zealand in the form of a written and codified constitution.
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Fombad, Charles Manga. "Constitution-Building in Africa." African and Asian Studies 13, no. 4 (December 10, 2014): 429–51. http://dx.doi.org/10.1163/15692108-12341316.
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Constitution-building is a delicate and intricate process which requires ample reflection and careful choices. African constitution-builders and politicians have since the beginning of the 1990s embarked on a process of constitutional reforms. A careful examination of the developments of the last two decades shows that the process has almost provoked never-ending contagion of making, unmaking and remaking of constitutions. This paper attempts to provide an over-view of the changes that have been taking place. Some of the issues relating to the durability of national constitutions and theoretical foundations for constitutional change are discussed. The paper also considers some of the possible implications of the endless processes of making, unmaking and remaking constitutions. The critical question it tries to grapple with is how this unending process of constitution-building in Africa can be controlled in a manner that will ensure peace, political stability and provide a legitimate foundation for entrenching a firm culture of constitutionalism. In advocating for an entrenched permanent constitutional review commission to check against frequent and arbitrary constitutional changes, the paper argues that this is the best way for constitutional legitimacy to be sustained throughout the life of a constitution.
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Roznai, Yaniv. "What are We Talking About When We Talk About “Mixed Constitutions”? Towards a Typology of Constitutional Mixture." Law & Ethics of Human Rights 16, no. 2 (November 1, 2022): 193–215. http://dx.doi.org/10.1515/lehr-2022-2010.
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Abstract This article argues that constitutional mixture should be regarded as an inherent, inevitable feature of constitutions, and to some degree all constitutions are mixed. Thus, “mixed constitutions” should not be regarded as a distinct category of constitutions. Instead of asking whether a constitution is mixed, it might therefore be more useful to ask in which characteristics and to what extent a constitution is mixed. To demonstrate this, the article provides a preliminary typology of constitutional mixture considering the form or system of government; the nature or character of government; the religious or secular identity; the flexibility or rigidity of the constitution; and its model of judicial enforcement—judicial or parliamentary supremacy. Examining these constitutional features, allows to shed light on the three different dimensions of “constitutional mixture”: First, the various features of the constitutional order do not function in a binary yes-or-no manner but appear and move along a spectrum. Second, the various features of the constitution change with time. Third, the various features of the constitutional text may be in tension with the features of the society.
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JEONG, Kuk Won. "Comparison of preambles to constitutions around the world." European Constitutional Law Association 40 (December 30, 2022): 147–74. http://dx.doi.org/10.21592/eucj.2022.40.147.
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Preamble to the Constitution refers to a sentence or provision placed before the text of the Constitution, which consists of a part of the Constitutions. Preamble to the Constitution declares the historical origin and the basic principle of constitution, and also declares its constitutional commitment. The purpose of Preamble to the Constitution is to identify the subject and the procedure of Constitutions as well as the motive, purpose and ideology of Constitution showing the identify of Constitutions, but it is not included in the text along with appendix, and is not essential element of written constituions. However, the written constitutions around the world have the preamble. This study targets total 16 countries that have Preamble to the Constitution including our country. What we want to obtain through the comparison of Constitutions is the accurate understanding of practical application of Constitutions, which are the target of comparison, and its ultimate goal is to secure the optimized constitutional normative power by specify the similarity or difference of preamble shown from individual and concrete application of each country. The comparison method of preamble to achieve this goal can be classified into formal aspect and practical aspect. Preamble to the Constitution is positioned in the front of text, so the actual benefit of comparison is not that big. Therefore, the core contents should be identified through practical aspect comparison. In this case, it is important which factor should be based. This study compares and analyzes the contents of preamble to the Constitution based on, first subjects and procedures, second, history and future, third, justice, fourth, diversity, fifth, freedom and equality, sixth, peace and solidarity, and seventh, the Declaration of Federal Constitutions. In our country, whenever there is discussion on constitutional amendment, it is argued that the May 18 Democratization Movement and the June 1987 Struggle should be included in the Preamble to the Constitution. As the level of people’s awareness on Preamble to the Constitution gets higher, for example, there is an attempt to include the things which is difficult to add to the text of Constitution such as respectful treatment to civilian army activity. The comparison of Constitutions largely serves as a useful material for raising the awareness of Constitutions, contributing to the international reunification of Constitutions, and revising Constitutions. This study on the preamble to the Constitution around the world is thought to function as the criteria that can judge the effectiveness whether May 18 Democratization Movement and the June 1987 Struggle, which are being argued that it should be included in the Preamble to the Constitution, has such a value.
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Quentin-Baxter, Alison. "Making Constitutions, From the Perspective of a Constitutional Adviser." Victoria University of Wellington Law Review 33, no. 3-4 (December 1, 2002): 661–98. http://dx.doi.org/10.26686/vuwlr.v33i3-4.5813.
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This article summarises the author's experience of creating constitutions for the State of Niue, the Republic of the Marshall Islands, and the Republic of Fiji. She sets out eight general issues of discussion. First, when do countries make a new constitution? Secondly, how do constitutions act as the rules of the political game? Thirdly, how can a country make a constitution? Fourthly, how does the method of constitution-making affect the tasks of the constitutional adviser? Fifthly, should the public be involved in constitution-making, and how? Sixthly, what goes into a constitution? Seventhly, is the Westminster constitution a satisfactory export model? Finally, what are the responsibilities of a constitutional adviser? The author discusses all issues by providing her experiences in the above nations, setting the scene for a discussion of constitution-making in New Zealand.
Dissertations / Theses on the topic "Constitution"
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Fuwongcharoen, Puli. "Constitutions and legitimisation : the cases of Siam's permanent constitution and Japan's postwar constitution." Thesis, University of Cambridge, 2013. https://www.repository.cam.ac.uk/handle/1810/283934.
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Wamunyima, Mbololwa. "Constitution making in Zambia : the need for a new perspective." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1243.
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"While public participation in constitution-making is recognised under international law, its extent is not elaborated. This has resulted in governments pursuing constitution-making processes that, despite involving public participation, do not involve meaningful public participation. As shall be illustrated in this study, this is the dilemma faced in Zambia. Zambia has experienced constitutional instability since independence. It has had four constitutions since then, and is currently in the process of making its fifth. This will represent an average of a new constitution every eight years: one of the highest rates of constitutional change in Commonwealth Africa. This is an unimpressive record in so far as it is generally accepted that a constitution defines and limits the exercise of governmental power, and regulates major political activities in a country. It cannot, therefore, be frequently subjected to change like any other ordinary piece of legislation. ... This study constitutes five chapters. Chapter one introduces the study. Chapter two analyses the origins and nature of government and constitution. Chapter three examines and analyses the constitutional development process in Zambia from the pre-colonial period to the current time. In chapter four, the making of the current constitution of South Africa is duscussed and analysed. Chapter five provides the conclusion and recommendations." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Prof. Edward Kofi Quashigah at the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Parjouet, Claire. "Une méta-constitution, la constitution de transition." Electronic Thesis or Diss., Pau, 2023. http://www.theses.fr/2023PAUU2148.
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Les transitions constitutionnelles sont des processus de remplacement d'une Constitution par une autre. Elles sont de plus en plus régulièrement structurées par un ensemble de textes. Ces corpus de transition forment ce qu'il est possible de présenter comme un droit constitutionnel pour la construc-tion constitutionnelle. Produits d'un choix des acteurs politiques, ils traduisent une réappropriation des outils et concepts constitutionnels classiques en fonction des enjeux et impératifs du moment. Le droit semble en ce sens employé en tant qu'instrument de normalisation d'une période anormale. Il en résulte un ensemble de contradictions rendant particulièrement complexe l'appréhension de ces textes, qu'il s'agisse de leur nature ou de leur fonction. Plusieurs concepts ont déjà été présentés par la doctrine afin de mettre en lumière certaines de leurs spécificités. Dans la continuité de ces ré-flexions, la présente étude propose de recourir au concept de droit méta-constitutionnel pour définir et analyser ce droit paradoxal.La préposition grecque « méta » signifie la succession, le changement, la transformation. Elle souligne l'implication des textes concernés dans l'édification du futur système constitutionnel, et permet en ce sens de considérer les fonctions de norme et de méta-norme constitutionnelle ainsi que les finalités méta-juridiques des corpus de transition. Ces textes sont en effet pensés pour orchestrer le présent, mais construisent également le futur système constitutionnel. Cette double temporalité, associée à l'instabilité politique et juridique du moment, commande une réadaptation des schèmes scientifiques classiques, en fonction des ambitions concrètes de ce droit exceptionnel.La présente thèse propose de soutenir ce point à travers une étude de droit constitutionnel com-paré se concentrant sur un type d'actes composant les corpus de transition : les Constitutions de tran-sition. Seize Constitutions de transition ont été identifiées entre 1989 et 2019. Elles sont définies comme les textes cumulant des dispositions déconstituante(s), constituante(s) et constitutive(s). Cette catégorie représente la quintessence du paradoxe d'un droit constitutionnel pour la construction constitutionnelle. La qualification de leur nature et de leur fonction s'avère en effet complexe, parta-gée entre la réalité d'une Constitution et les conséquences de la transition. Un raisonnement en termes de droit méta-constitutionnel permettrait cependant d'appréhender pleinement ces instru-ments. Véritables méta-Constitutions, les Constitutions de transition forment un objet atypique, mais au combien novateur pour la science du droitConstitution-making process are processes whereby one constitution is replaced by another. They are regularly structured by a collection of texts. These transitional corpus form what can be described as constitutional law for constitutional construction. As a product of political actors choices, they reflect a reappropriation of classic constitutional tools and concepts in line with the issues and imperatives of the moment. In this sense, the law seems to be used as an instrument to normalise an abnormal period. The result is a series of contradictions that make it particularly com-plex to understand these texts, whether in terms of their nature or their function. A number of con-cepts have already been presented by legal writers in order to highlight some of their specific fea-tures. Following on from these reflections, this study proposes to use the concept of meta-constitutional law to define and analyse this paradoxical law
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Marumahoko, Sylvester. "Constitution-making in Zimbabwe : assessing institutions and processes." University of the Western Cape, 2016. http://hdl.handle.net/11394/5470.
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Philosophiae Doctor - PhDSince its conquest by Britain in 1890, Zimbabwe has witnessed a series of constitution-making projects. Spanning over 100 years, the question of constitutional development has continued to dominate public debate. The end of colonial rule did not see an end to the demand for a constitution that is legitimate and durable. The search for an enduring and good constitution continued into the 21st century. With the unveiling of the 2013 constitution-making project, however, it seemed as if a long lasting solution had been 'delivered' on the question of a legitimate and durable constitution. The thesis assesses the questions of institutions and processes in Zimbabwe’s quest to construct a new constitution. It contends that institutions and processes used to make constitutions are as important as the contents of a final constitution. That is why more time and efforts are often spent negotiating the twin questions of institutions and processes of constitution-making than is spent negotiating the content of a constitution. With this in mind, the thesis develops standards for assessing institutions and processes used in successive constitution-making projects in Zimbabwe. A major finding of the assessment is that the twin questions of institutions and processes were neglected in all constitution-making efforts undertaken in Zimbabwe, including that which culminated in the creation of the Constitution of 2013. The thesis maintains that a lot of significance must be attached to the design of institutions and processes of constitution making if a constitution is to be enduring and widely accepted as legitimate.
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Antoun, Adib. "Constitution et esprit politique libanais : (constitution de 1926)." Paris 1, 1989. http://www.theses.fr/1989PA010620.
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Constitution et esprit politique libanais - constitution de 1926", thèse ordonnée par mon souci de faire valoir la vérité scientifique y afférant, vérité tenue à l'écart de ce qui est de l'ordre herméneutique et poétique, s'appuyant sur les faits et les hypothèses susceptibles de démonstration rationnelle. L'être de la vérité scientifique qui n'est ni chronique ni utopique est en interaction indéfectible avec l'histoire. Dans ce propos, la vérité scientifique est double: vérité mathématique relative aux sciences dites exactes et vérité philosophique, propre au domaine des sciences humaines, étant donné que la question philosophique est en perpétuel devenir. Des lors, mon option pour le respect de l'identité politique libanaise indépendante, pour l'abrogation de la constitution de 1926 toujours en vigueur et pour la réorganisation de la vie politique au Liban, est l'aboutissement logique et naturel de la nécessite d'observer une harmonie authentique entre la situation réelle et l'aspect légal de l'état. La crise au Liban, alimentée par des incohérences locales, est également ordonnée par des interférences extérieures; j'ajouterai que ce dernier facteur qui a projeté de prime abord l'éclatement des différences libanaises, présuppose comme but à atteindre, l'anéantissement de la valeur humaine que représente le Liban. L'humanité qui, actuellement, ressent la honte des génocides antérieurs, la ressentira ultérieurement du génocide libanais d'aujourd'huiLebanese constitution and its political spirit", thesis planned out in my anxiety to bring forth scientific truth pertaining thereto; truth, discarded from all that belongs to either hermeneutics or poetics, merely supported by facts and hypothesis susceptible of rational, conclusive proofs - within scientific truth that is nei- ther uchronic nor utopist, its essence is indefectibly interacted with history. Double is the meaning of "scientific truth" in connection with this subject : mathematical truth relevant from the so-called exact sciences, and philosophical truth belonging to the social sciences realm, since philosophy is in a constant state of development. So, my option for the recognition of the independant, political lebanese identity, for the abrogation of the 1926 constitution - still in force - and for the re-organi- sation of lebanon political life is, therefore, the logical and normal conclusion surged out of the necessity to accept an authentical harmony between a realistic situation and the legal aspect of the state. - the lebanese crisis, fed by local incoherency is, at the same time, manipulated by foreign interferences. I must add that, from the very start, this foreing handling of lebanese divergences, rapidly brought them to explosion, confirming, doubtlessly, that the annihilation of all of lebanon human value was the very aim to be attained. Humanity who, at present, is so deeply ashamed of past genocides will, later, feel its shame
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au, Trenorden@iinet net, and Geoffrey Trenorden. "The Deakinite myth exposed : other accounts of constitution-makers, constitutions and citizenship." Murdoch University, 2005. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20060502.151040.
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As argued throughout this thesis, in his personification of the federal story, if not immediately in his formulation of its paternity, Deakins unpublished memoirs anticipated the way that federation became codified in public memory. The long and tortuous process of federation was rendered intelligible by turning it into a narrative set around a series of key events. For coherence and dramatic momentum the narrative dwelt on the activities of, and words of, several notable figures. To explain the complex issues at stake it relied on memorable metaphors, images and descriptions.
Analyses of class, citizenship, or the industrial confrontations of the 1890s, are given little or no coverage in Deakinite accounts. Collectively, these accounts are told in the words of the victors, presented in the images of the victors, clothed in the prejudices and predilections of the victors, while the losers are largely excluded. Those who spoke out against or doubted the suitability of the constitution, for whatever reason, have largely been removed from the dominant accounts of constitution-making. More often than not they have been character assassinated or held up to public ridicule by Alfred Deakin, the master narrator of the Conventions and federation movement and by his latter-day disciples. Those who opposed Deakin I have labelled anti-Deakinites.
To anti-Deakinites, the journey to federation was characterised by compromises and concessions that reflected or produced a series of exclusions (of individuals, groups and ideas) from Deakinite stories of federation, often for reasons of political exigency. They acknowledge that compromises had to be made in bringing about federation. Men with a national viewpoint they believe, often acquiesced to states rights men whose primary interest was a good deal for their state or colony. Anti-Deakinites are critical of the heroes in Deakinite accounts (of the Ultra-Federalists) believing that these men would have federated any time after 1891 with an undemocratic and illiberal constitution.
Events that were to influence the course of Australian history took place during the 1880-90s. Yet the dominant accounts of constitution-making do not acknowledge the context within which the constitution was written. It is difficult denying that these must have influenced the Constitution-makers as they began their work in 1891. The central claim of my thesis is that many accounts of Australian constitution-making and federation have been selective in their descriptions of the events and the organisations and individuals involved, leading to the misrepresentation of these seminal episodes in Australian history. This misrepresentation has occurred as a consequence of the privileging of, what I label, the Deakinite account of constitution-making and federation over all others.
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Trenorden, Geoff. "The Deakinite myth exposed : other accounts of constitution-makers, constitutions and citizenship /." Access via Murdoch University Digital Theses Project, 2005. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20060502.151040.
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Trenorden, Geoffrey. "The Deakinite myth exposed: other accounts of constitution-makers, constitutions and citizenship." Thesis, Trenorden, Geoffrey (2005) The Deakinite myth exposed: other accounts of constitution-makers, constitutions and citizenship. PhD thesis, Murdoch University, 2005. https://researchrepository.murdoch.edu.au/id/eprint/369/.
Full textAbstract:
As argued throughout this thesis, in his personification of the federal story, if not immediately in his formulation of its paternity, Deakin's unpublished memoirs anticipated the way that federation became codified in public memory. The long and tortuous process of federation was rendered intelligible by turning it into a narrative set around a series of key events. For coherence and dramatic momentum the narrative dwelt on the activities of, and words of, several notable figures. To explain the complex issues at stake it relied on memorable metaphors, images and descriptions.
Analyses of class, citizenship, or the industrial confrontations of the 1890s, are given little or no coverage in Deakinite accounts. Collectively, these accounts are told in the words of the victors, presented in the images of the victors, clothed in the prejudices and predilections of the victors, while the losers are largely excluded. Those who spoke out against or doubted the suitability of the constitution, for whatever reason, have largely been removed from the dominant accounts of constitution-making. More often than not they have been 'character assassinated' or held up to public ridicule by Alfred Deakin, the master narrator of the Conventions and federation movement and by his latter-day disciples. Those who opposed Deakin I have labelled anti-Deakinites.
To anti-Deakinites, the journey to federation was characterised by compromises and concessions that reflected or produced a series of exclusions (of individuals, groups and ideas) from Deakinite stories of federation, often for reasons of political exigency. They acknowledge that compromises had to be made in bringing about federation. Men with a national viewpoint they believe, often acquiesced to states' rights men whose primary interest was a good deal for their state or colony. Anti-Deakinites are critical of the heroes in Deakinite accounts (of the Ultra-Federalists) believing that these men would have federated any time after 1891 with an undemocratic and illiberal constitution.
Events that were to influence the course of Australian history took place during the 1880-90s. Yet the dominant accounts of constitution-making do not acknowledge the context within which the constitution was written. It is difficult denying that these must have influenced the Constitution-makers as they began their work in 1891. The central claim of my thesis is that many accounts of Australian constitution-making and federation have been selective in their descriptions of the events and the organisations and individuals involved, leading to the misrepresentation of these seminal episodes in Australian history. This misrepresentation has occurred as a consequence of the privileging of, what I label, the Deakinite account of constitution-making and federation over all others.
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Trenorden, Geoffrey. "The Deakinite myth exposed: other accounts of constitution-makers, constitutions and citizenship." Trenorden, Geoffrey (2005) The Deakinite myth exposed: other accounts of constitution-makers, constitutions and citizenship. PhD thesis, Murdoch University, 2005. http://researchrepository.murdoch.edu.au/369/.
Full textAbstract:
As argued throughout this thesis, in his personification of the federal story, if not immediately in his formulation of its paternity, Deakin's unpublished memoirs anticipated the way that federation became codified in public memory. The long and tortuous process of federation was rendered intelligible by turning it into a narrative set around a series of key events. For coherence and dramatic momentum the narrative dwelt on the activities of, and words of, several notable figures. To explain the complex issues at stake it relied on memorable metaphors, images and descriptions.
Analyses of class, citizenship, or the industrial confrontations of the 1890s, are given little or no coverage in Deakinite accounts. Collectively, these accounts are told in the words of the victors, presented in the images of the victors, clothed in the prejudices and predilections of the victors, while the losers are largely excluded. Those who spoke out against or doubted the suitability of the constitution, for whatever reason, have largely been removed from the dominant accounts of constitution-making. More often than not they have been 'character assassinated' or held up to public ridicule by Alfred Deakin, the master narrator of the Conventions and federation movement and by his latter-day disciples. Those who opposed Deakin I have labelled anti-Deakinites.
To anti-Deakinites, the journey to federation was characterised by compromises and concessions that reflected or produced a series of exclusions (of individuals, groups and ideas) from Deakinite stories of federation, often for reasons of political exigency. They acknowledge that compromises had to be made in bringing about federation. Men with a national viewpoint they believe, often acquiesced to states' rights men whose primary interest was a good deal for their state or colony. Anti-Deakinites are critical of the heroes in Deakinite accounts (of the Ultra-Federalists) believing that these men would have federated any time after 1891 with an undemocratic and illiberal constitution.
Events that were to influence the course of Australian history took place during the 1880-90s. Yet the dominant accounts of constitution-making do not acknowledge the context within which the constitution was written. It is difficult denying that these must have influenced the Constitution-makers as they began their work in 1891. The central claim of my thesis is that many accounts of Australian constitution-making and federation have been selective in their descriptions of the events and the organisations and individuals involved, leading to the misrepresentation of these seminal episodes in Australian history. This misrepresentation has occurred as a consequence of the privileging of, what I label, the Deakinite account of constitution-making and federation over all others.
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Cadinot, Clément. "Les Préambules des constitutions : approche comparative." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0340.
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Les préambules constitutionnels sont répandus à travers le monde, depuis le constitutionnalisme de la fin du XVIIIème. A ce jour, plus de deux constitutions sur trois dans le monde en sont précédées. Pourtant, leur nature suscite un faible intérêt pour la doctrine, voire même un rejet. Pourtant, l'intérêt que leur porte constituants contemporains et l'utilisation qui en est faite par les juges constitutionnels invalide cette position de principe. Il convient de s'attacher à la variété des préambules constitutionnels à travers le monde, en dégager des fonctions et comprendre leurs utilisations contentieuses (ce qui n'exclut nullement la possibilité que certaines juridictions constitutionnelles ne s'y réfèrent pas). A ces fins, une approche marco-comparative puis micro-comparative semblent nécessaires pour embrasser cet objet juridique rarement étudié de manière systématiqueConstitutional Preambles are worldwide spread from the late 18st Century constitutionalism. And today, more than two to three constitutions are opened with such a Preamble. Yet, regarding to their particuliar nature, law studies dealing with them are quite rare, if not deny them. However, the certain onstituents'interest to them and their use by constitutional judges just disprove it. A broad and methodic study dealing with the wide range of Preambles shall be established in ordre to understand their functions and their judicial uses - though a jurisdiction can not use them. To that end, a broad - macro-comparativ - and then a micro-comparativ study must be done, since a systematic study on Preambles has not been done
Books on the topic "Constitution"
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Khan, Serajul Alam. Constitution and constitutional issues. Dhaka: University Press, 1985.
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Texas. Texas Constitution. 2nd ed. Austin, Tex: Texas Legislative Council, 2002.
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Texas. Texas Constitution. Austin, Tex: The Council, 1996.
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Texas. Texas Constitution. Austin, Tex: Texas Legislative Council, 2006.
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Texas. Texas Constitution. Austin, Tex: The Council, 1991.
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Texas. Texas Constitution. Austin, Tex: The Council, 1994.
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India. The Constitution of India. New Delhi: Taxmann, 2000.
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India. The constitution of India. 2nd ed. Allahabad: Dwivedi Law Agency, 1999.
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India. Shorter Constitution of India. New Delhi: Prentice-Hall of India, 1988.
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Yugoslavia. Constitution of the Federal Republic of Yugoslavia. Belgrade: Ministry of Information of the Republic of Serbia, 1992.
Find full textBook chapters on the topic "Constitution"
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Wolff, Birgitta. "Constitutional Contracting and Corporate Constitution." In Contributions to Economics, 95–108. Heidelberg: Physica-Verlag HD, 1997. http://dx.doi.org/10.1007/978-3-642-46988-6_6.
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Herrmann, Peter. "The Constitutional State Without Constitution." In Pandemics as Matter of a System Crisis, 29–34. Wiesbaden: Springer Fachmedien Wiesbaden, 2023. http://dx.doi.org/10.1007/978-3-658-43450-2_6.
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Øverenget, Einar. "Constitution." In Phaenomenologica, 166–98. Dordrecht: Springer Netherlands, 1998. http://dx.doi.org/10.1007/978-94-010-9768-0_7.
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Berns, Hans, Valentin Gavriljuk, and Sascha Riedner. "Constitution." In High Interstitial Stainless Austenitic Steels, 7–19. Berlin, Heidelberg: Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-33701-7_2.
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Needham, Paul. "Constitution." In Macroscopic Metaphysics, 47–74. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-70999-4_3.
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Hickson, Kevin. "Constitution." In Britain’s Conservative Right since 1945, 83–101. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-27697-3_5.
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Gavriljuk, Valentin G., and Hans Berns. "Constitution." In High Nitrogen Steels, 77–134. Berlin, Heidelberg: Springer Berlin Heidelberg, 1999. http://dx.doi.org/10.1007/978-3-662-03760-7_2.
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Tushnet, Mark. "Constitution." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–7. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_481-1.
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Elias, Hans-Georg. "Constitution." In Macromolecules, 23–64. D-69451 Weinheim, Germany: Wiley-VCH Verlag GmbH, 2014. http://dx.doi.org/10.1002/9783527627219.ch2.
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Tushnet, Mark. "Constitution." In Encyclopedia of the Philosophy of Law and Social Philosophy, 555–61. Dordrecht: Springer Netherlands, 2023. http://dx.doi.org/10.1007/978-94-007-6519-1_481.
Full textConference papers on the topic "Constitution"
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"CONSTITUTIONAL ECONOMY - ECONOMIC CONSTITUTION." In Russian science: actual researches and developments. Samara State University of Economics, 2020. http://dx.doi.org/10.46554/russian.science-2020.03-2-733/735.
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Petrov, Vladan. "USTAVNI IDENTITET I VIDOVDANSKI USTAV." In 100 GODINA OD VIDOVDANSKOG USTAVA. Faculty of law, University of Kragujevac, 2021. http://dx.doi.org/10.46793/zbvu21.005p.
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With this paper the author completes his analysis of the reference historical constitutions and its influence on the constitutional identity of modern Serbia. Reffering to the effects of constitutional identity "outside" (preservation of state sovereignty) and "inside" (the "core" of the constitution), the author analyzes the functional failures and substantive controversies of the Vidovdan Constitution. Inconsistent normative solutions of this constitution, a deep socio-political crisis and an unresolved national question in the newly created state were an insurmountable obstacle to building the national constitutional identity. However, the symbolism of the date of adoption of the Constitution and the fact that, at least formally, it was the last classical constitution of the liberal-democratic type until the 1990s and the entry into force of the 1990 Serbian Constitution, make the Vidovdan Constitution a reference text for studying the constitutional identity of modern Serbia.
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Blagojević, Anita, and Marijana Majnarić. "THE ‘’GREEN’’ CONSTITUTION OF THE REPUBLIC OF CROATIA AND THE CONSTITUTIONAL COURT AS A PROTECTOR OF THE RIGHT TO A HEALTHY ENVIRONMENT." In International Scientific Conference “Digitalization and Green Transformation of the EU“. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/27442.
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Unlike the “pioneer” constitutions, which contained guarantees of personal and political rights in their provisions, newer constitutions, or constitutions of the 20th century, began to guarantee social and economic rights in their provisions, and among them soon appeared the right to a healthy environment. Similar to the constitutions of other new democracies, the Constitution of the Republic of Croatia belongs to the ranks of environmentally conscious constitutions. The right to a healthy environment was part of the Constitution of the Socialist Republic of Croatia from 1974, and after the establishment of the independent and sovereign Republic of Croatia, it became part of the Constitution of 1990. In Croatia, since the very beginning of independence, the conservation of nature and the human environment have been included in the category of the highest values of the constitutional order (Article 3), which represent the foundation for the interpretation of the Constitution. In the part of the Constitution that refers to human rights and fundamental freedoms, we find provisions on restrictions of entrepreneurial freedom and property rights in order to protect nature, the environment and human health, then on special protection of the state to all things and goods of special ecological significance. It is also clearly prescribed that everyone has the right to a healthy life, and that the state has a certain responsibility for environmental protection. The Constitutional Court takes care of the protection of constitutionality and the protection of environmental rights. The aim of this paper is to analyze how the constitutions of the new democracies relate to environmental protection, whether the Constitution of the Republic of Croatia is really a “green” Constitution, and based on the analysis of the previous practice of the Constitutional Court in environmental cases, reach a conclusion about the approach and the role of the Constitutional Court of the Republic of Croatia as a protector of the right to healthy environment.
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Alawaq, Abdulhamid. "constitutional inflation." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp1-17.
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One of the methods that the authority uses to empty the constitutional text of its content and prevent it from achieving its goal is its resort to the two phenomena of “constitutional inflation” in sites that the nation does not need, and “constitutional failure” in sites that are expected from the text to protect public rights and freedoms or prevent an authority from overpowering the rest of the authorities. This is how the authority did in the Syrian constitution of 2012. It resorted to both phenomena together to achieve its goal of using the constitution as a tool and not as a control of the authority’s work. If legislative inflation is clear to legal jurisprudence, constitutional inflation is shrouded in ambiguity, so it resorted to a procedural definition of the research paper and considered every constitutional rule that does not bear the status of binding as a type of inflation. then I applied this definition to the general principles contained in the Syrian constitution in 32 articles, unlike democratic constitutions, which are shortened to articles regulating the general principles of the state. It became clear to me that only five articles are binding and the rest are non-binding guiding articles that are not suitable for reliance on judicial review. I have studied the rule (Islamic jurisprudence is a major source of legislation) in Syria and Egypt, and it has become clear to me that the authority intends to put it into place as a kind of distraction from paying attention to the rest of the constitution’s rules regulating public liberties and powers, even though the constitutional doctrine considers them to be non-binding. The struggle between the components of the people is still going on when drafting any constitution on general principles, most of which do not carry legal value.
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Simović, Darko, and Ivana Krstić-Mistridželović. "PROŠIRIVANjE TRADICIONALNE USTAVNE MATERIJE –SOCIJALNE I EKONOMSKE ODREDBE U VIDOVDANSKOM USTAVU." In 100 GODINA OD VIDOVDANSKOG USTAVA. Faculty of law, University of Kragujevac, 2021. http://dx.doi.org/10.46793/zbvu21.285s.
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The final establishment of a unified Yugoslavian state, as the fundamental reason behind the adoption of the Vidovdan Constitution, contributed to the overshadowing of all other characteristics of this act by the unified state system. Although it is one of the common conceptions that the Vidovdan Constitution had to a great extent copied the economic and social provisions of the Weimar Constitution, much less attention was given to the fact that the nature of this constitution, as the highest legal act, was somewhat modified. Comparatively, the Kingdom of Serbs, Croats and Slovenes was amongst the first to transform their constitution from a purely organizational-constitutive act by implementing elements of an economic and social charter as a future-ready program. The constitution is no longer only a constitutive act of a state, it simultaneously serves as an act that transforms the state from a political organization into a social and cultural community. In addition, although the Weimar Constitution was an exemplary model, the framers of the Vidovdan constitution were not plagiarizers, as they were original in many of their provisions. Distinctive constitutional provisions were the result of complex socio-political circumstances at the time that the framers of the constitution had to consider in order for the constitution to be adopted.
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Ranđelović, Nebojša. "FEDERALISTIČKE IDEJE U NACRTIMA VIDOVDANSKOG USTAVA." In 100 GODINA OD VIDOVDANSKOG USTAVA. Faculty of law, University of Kragujevac, 2021. http://dx.doi.org/10.46793/zbvu21.093r.
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Federalist ideas in the drafts of the constitution in 1921 were one of the features of the process of creating the Vidovdan Constitution. They also marked the later state and legal development of the Kingdom of Yugoslavia, the crisis of parliamentarism, dictatorship and later events, until the formation of the Banovina of Croatia and the collapse of the Kingdom of Yugoslavia. In the content of the theme of this paper it is worth mentioning the tendencies of the Croatian Republican Peasant Party and the ideas of Stjepan Radić, but also other draft constitutions (eg the draft constitution of Josip Smodlaka and similar draft constitutions). It is especially interesting to consider the idea of Stojan Protić. Although he was an exponent of the policy of the People's Radical Party, he advocated a draft constitution with elements of federalism. These ideas left a deep mark in the constitutional problems of the common state, although the hallmark of its existence, until its collapse, was the aspiration towards unitarism.
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Balodis, Ringolds. "Skatījums uz Satversmes konstitucionāliem algoritmiem: to loģika, lietderīgums un pamatotība." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.1.07.
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The use of numbers in constitutions is quite widespread and, in some cases, in a constitution they may form some constitutional “formulas”, which are incorporated into the constitution with a special task, and the application of which has corresponding legal consequences. The current study will analyse a rather specific constitutional element – constitutional algorithms, which can be considered as an open legal concept, assessing their logic, usefulness and validity. The constitutional algorithms resemble an instruction, – similarly to mathematics or computer science that cannot be ignored or overlooked – they make it possible to model a specific result while giving the participants of the constitutional process the opportunity to predict the consequences of their actions. Some of the constitutional algorithms (quorums) are oriented towards obtaining a majority, whereas there are also those that determine the exclusive rights of an opposition of parliament, ensure the election procedure, etc. The algorithms of the Latvian Satversme (Constitution) have been taken over from the constitutionalism process and also developed at the Satversmes sapulce (Constitutional Assembly), or adjusted in accordance with the procedure for amending the Satversme with the will of the Saeima (the Parliament of Latvia) as the constitutional legislator. All algorithms of the Constitution and their formulas must be considered as political compromises. The issue of the algorithms of the Satversme is important not only from the aspect of the science of constitutional law, but also from the aspect of the legitimacy of power and constitutional stability. Reasonable algorithms and quorums strengthen the functioning of the parliamentary democracy, while their disproportionality only protects the comfort of the political elite and over time destroys the foundations of the country by stifling any valuable change.
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Hristovska, Jelena Trajkovska. "The Political concept of the Constitution and the Concepts of Hidden Constitution, Modest Constitution and, Behind –the-Scenes” Constitution." In International Conference on Advanced Research in Social Sciences and Humanities. Acavent, 2019. http://dx.doi.org/10.33422/icarsh.2019.03.193.
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"[ARFTG Constitution]." In 27th ARFTG Conference Digest. IEEE, 1986. http://dx.doi.org/10.1109/arftg.1986.323677.
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"[ARFTG Constitution]." In 25th ARFTG Conference Digest. IEEE, 1985. http://dx.doi.org/10.1109/arftg.1985.323632.
Full textReports on the topic "Constitution"
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Grossman, Herschel. Constitution or Conflict? Cambridge, MA: National Bureau of Economic Research, January 2002. http://dx.doi.org/10.3386/w8733.
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Stevens, Mark. Origins of the 1986 Philippine Constitution. Fort Belvoir, VA: Defense Technical Information Center, April 1993. http://dx.doi.org/10.21236/ada276825.
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Zuo, Hongjun. Mechanism of constitution liquid film migration. Office of Scientific and Technical Information (OSTI), June 1999. http://dx.doi.org/10.2172/761948.
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Wang, Qiuyue, and Ping Zhao. Preliminary Constitution of Luxury Brand Personality Dimensions. Ames: Iowa State University, Digital Repository, November 2016. http://dx.doi.org/10.31274/itaa_proceedings-180814-1494.
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António Firmino da, Costa, Mauritti Rosário, Martins Susana da Cruz, Nunes Nuno, and Romão Ana Lúcia. The constitution of a European inequality area. Observatório das Desigualdades, 2015. http://dx.doi.org/10.15847/ciesodwp012015.
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Bhandari, Usha. Power struggle in the Technical and Vocational Education and Training (TVET) sector in Nepal. Fribourg (Switzerland): IFF, 2023. http://dx.doi.org/10.51363/unifr.diff.2023.37.
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The governance of Technical and Vocational Education and Training (TVET) in Nepal was heavily centralized in the past as the country was operating under a unitary government system. The 2015 Constitution has opened the avenue to operate the TVET sector in a federalized setting with the sharing of TVET functions along with power and authority by three tiers of government. However, the sharing of power and authority between the federal and subnational governments has not been easy as highlighted by the Constitution. This paper attempts to analyse the challenges that are hindering the smooth transition of centrally held power and authority towards the subnational governments. It argues that although there is a general support and optimism for the federal transition, many challenges remain for the implementation. The existing political economy of the TVET sector limits the realisation of the Constitution’s goals of transformation for the TVET sector in a federal setting.
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Grubb, Farley. The U.S. Constitution and Monetary Powers: An Analysis of the 1787 Constitutional Convention and Constitutional Transformation of the Nation's Monetary System Emerged. Cambridge, MA: National Bureau of Economic Research, November 2005. http://dx.doi.org/10.3386/w11783.
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Roy, Suryapratim, and Rahul Sambaraju. How the Indian Constitution advances the Hindu state. Edited by Piya Srinivasan and Sam Hendricks. Monash University, August 2023. http://dx.doi.org/10.54377/dfe7-a53b.
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Smeekens, Daan, and Keil Soeren. The Iraqi Oil and Gas Dispute between Baghdad and Erbil. Fribourg (Switzerland): IFF, 2022. http://dx.doi.org/10.51363/unifr.diff.2022.31.
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In a judgment of 15 February 2022, the Federal Supreme Court of Iraq decided to repeal the 2007 Oil and Gas Law of the Kurdistan Regional Government on constitutional grounds. The judgment can be regarded as politicized, and has enormous implications for the autonomy of the Kurdish Region and the federal discourse in Iraq. This commentary assesses the soundness of the Federal Supreme Court’s judgment through critically evaluating the arguments against the Iraqi Constitution. It comes to conclude that the judgment has been a misinterpretation of the constitutional provisions that prescribe shared powers between the central and regional governments over oil and gas. These issues are an indirect consequence of the ambiguity and non-implementation of many constitutional provisions. Relatedly, this commentary provides some recommendations for a future cooperation between Erbil and Baghdad.
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Huenemann, Jon E. Paper Prepared at the Request of the Inter-American Development Bank on the Trade Policymaking Process in the United States. Inter-American Development Bank, September 2002. http://dx.doi.org/10.18235/0012235.
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The constitution of the United States (U.S.) in effect proscribes both the authority and the responsibility to develop and carry out trade and investment (referred to as commerce in the constitution) policy and negotiate international agreements to two entities - the congress and the President.