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1
Stefanovski, Mirjana. "Radivoje Milojkovic’s 1867 constitution draft." Zbornik Matice srpske za drustvene nauke, no. 138 (2012): 1–16. http://dx.doi.org/10.2298/zmsdn1238001s.
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As an authoritative work of an excellently educated writer well acquainted with constitutional theory and foreign constitutional solutions, Milojkovic?s draft constitution is also a product of a serious political reasoning. That draft deserves a particular and very important role in the nineteenth century constitutional history of Serbia. It is an evidence of the character of constitutional transformation prepared during the last years of Prince Mihailo?s reign. Taken for the specimen during the enacting of Regent Constitution of 1869, which followed it in its basic concept, composition of constitutional solutions and framing of more important institutions, that draft determined adoption of the model of constitutional monarchy in Serbia. By catching sight of the Saxony?s Constitution of 1831, it transfers basic German constitutional model, supplemented by taking into consideration other European constitutions. Its distinction is an attempt to adapt foreign model mostly to particular circumstances of the country and to implement harmoniously new institutions in accordance to the Serbian constitutional tradition.
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Batakovic, Dusan. "The road to democracy: The development of constitutionalism in Serbia 1869-1903." Balcanica, no. 38 (2007): 133–72. http://dx.doi.org/10.2298/balc0738133b.
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After the swiftly abolished liberal Constitution of 1835 and the imposed 'Turkish' one of 1838 (imposed by the Russians and Ottomans, guarantors of Serbia's autonomy granted in 1830, to limit the princely power), the development of constitutionalism in modern Serbia went through several phases. As elsewhere in the Balkans, constitutions usually resulted from a compromise between the ruler and the elites rather than from the will of the people. The 1868 Constitution drew to an extent upon the early nineteenth-century German constitutional monarchies, but, under pressure from the politically mobilized population, the 1888 Constitution, proposed by the Radical Party in response to the egalitarian aspirations of the nation's agrarian majority, adopted a French constitutional model - with a unicameral system and frequent coalition governments. Shaped on the model of the Belgian Constitution of 1831, which in its turn was a modified version of the French Charte of 1830, it restored a French influence, expressed for the first time in the 1835 Constitution. The 1888 Constitution was passed by the Grand National Assembly with its five-sixth majority of Radicals, representatives of the agrarian majority. It was soon annulled by the coup d'?tat of 1894 and the Court-imposed Constitution of 1869 was reinstituted. The Constitution of 1901 was an attempt to introduce a bicameral system as a means of upholding the influential role of the ruler, while limiting that of the Radical Party, which had enjoyed an ample electoral support since the 1888 Constitution. After the assassination in 1903 of the last Obrenovic ruler king Alexander, and his wife, queen Draga, the liberal Constitution of 1888 with minor modifications was reinstituted. Under this Constitution - which is commonly known as the 1903 Constitution and which, during the democratic reign of king Peter I Kardjordjevic, was no longer challenged - Serbian democracy remained fragile, because there was no upper house to counteract as it did in the French Third Republic, the predominantly party-biased way of running the affairs of state.
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MARTÍNEZ CUEVAS, MARÍA DOLORES. "THE DEFENCE OF THE DEMOCRATIC CONSTITUTION IN EXTRAORDINARY CIRCUMSTANCES: THE LAW OF EXCEPTION IN COMPARATIVE LAW AND IN SPANISH CONSTITUTIONAL HISTORY." Spanish Journal of Legislative Studies, no. 3 (December 1, 2019): 1–29. http://dx.doi.org/10.21134/sjls.vi3.1394.
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Abstract: In this paper we examine the appropriateness and significance of the law of exception in the Spanish constitutional order. For this, we have examined the models of Comparative Law that Spain has followed to restore its disturbed constitutional order. Basically, historically, concern arose at the time of North American and French Revolutions of how to incorporate into the Constitution the institutions related to their protection. British singularity was also manifested in the way of understanding and including specific protection for the defence of the Constitution and the law of exception, with institutions such as martial law or habeas corpus. The suspension of habeas corpus as an extraordinary instrument of protection of the state organization was considered in the American Constitution of 1787, and is thought of as a precedent of Article 55.1 of the current Spanish Constitution of 1978. During the period between 1812 and 1869, the law of exception contemplated in Spanish Historical Constitutions covers only the suspension of guarantees. The republican Constitution of 1931 conserved the outline of the Constitution of 1869, with certain relevant alterations. The most significant normative instruments of this legislation were the Law of Defence of the Republic and the Law of Public Order of 1933. After the publication of this last Law, it became the extraordinary norm that has most deeply and habitually been put into practice, since Spain has experienced practically a permanent situation of "constitutional abnormality". This highlights the fact that a Law of Public Order for the defence of the constitutional regime established by the Second Republic could be transferred in many of its precepts, with very similar contents to the Francoist Law of Public Order that was able to remain in force until much later, being finally repealed by the Organic Law of LO 1/1992, of Protection of Citizen Safety.
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Fitzgerald, Michael W., and Earl M. Maltz. "Civil Rights, the Constitution, and Congress, 1863-1869." American Historical Review 96, no. 5 (December 1991): 1615. http://dx.doi.org/10.2307/2165437.
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Bogue, Allan G., and Earl M. Maltz. "Civil Rights, the Constitution and Congress, 1863-1869." Journal of Interdisciplinary History 22, no. 3 (1992): 533. http://dx.doi.org/10.2307/205018.
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Swinney, Everette, and Earl M. Maltz. "Civil Rights, the Constitution, and Congress, 1863-1869." Journal of Southern History 58, no. 2 (May 1992): 360. http://dx.doi.org/10.2307/2210894.
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Trefousse, Hans L., and Earl M. Maltz. "Civil Rights, the Constitution, and Congress, 1863-1869." Journal of American History 78, no. 2 (September 1991): 680. http://dx.doi.org/10.2307/2079602.
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Mackey, Thomas C., and Earl M. Maltz. "Civil Rights, The Constitution, and Congress, 1863-1869." American Journal of Legal History 37, no. 1 (January 1993): 95. http://dx.doi.org/10.2307/845773.
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Glass, Maeve Herbert. "Bringing Back the States: A Congressional Perspective on the Fall of Slavery in America." Law & Social Inquiry 39, no. 04 (2014): 1028–56. http://dx.doi.org/10.1111/lsi.12111.
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In the aftermath of America's Civil War, national lawmakers who chronicled the fall of slavery described the North as a terrain of states whose representatives assembled in Congress, as evidenced in Henry Wilson's The Rise and Fall of the Slave Power in America (1872–77) and Alexander Stephens's A Constitutional View of the Late War Between the States (1868–70). Beginning in the early 1900s, scholars who helped establish the field of American constitutional history redescribed the national government as the voice of the Northern people and the foe of the states, as evidenced in Henry Wilson's The Rise and Fall of the Slave Power in America (1872–1877) and Alexander Stephens's A Constitutional View of the Late War Between the States (1868–1870), a first generation of scholars writing during the Progressive Era redescribed the national government as the voice of the Northern people and the foe of the states, as evidenced in William A. Dunning's Essays on the Civil War and Reconstruction (1898), John W. Burgess's The Civil War and the Constitution (1901–1906), and James G. Randall's Constitutional Problems Under Lincoln (1926). Although a second generation of scholars uncovered traces of the lawmakers' perspective of states, new efforts in the wake of the civil rights movement to understand the internal workings of political parties and the contributions of ordinary Americans kept the study of national lawmakers and their states on the margins of inquiry, as evidenced in leading revisionist histories of Reconstruction, including Harold Hyman's A More Perfect Union: The Impact of the Civil War and Reconstruction on the Constitution (1973), Michael Les Benedict's A Compromise of Principle: Congressional Republicans and Reconstruction, 1863–1869 (1974a), and Eric Foner's Reconstruction: An Unfinished Revolution (1988). Today, the terrain of Northern states remains in the backdrop, as illustrated in recent studies featuring the wartime national government, including James Oakes's Freedom National: The Destruction of Slavery in the United States, 1861–1865 (2012) and Mark E. Neely, Jr.'s Lincoln and the Triumph of the Nation: Constitutional Conflict in the American Civil War (2011), as well as studies of the mechanisms of constitutional change during Reconstruction, including relevant sections of Bruce Ackerman's We the People II: Transformations (1998) and Akhil Reed Amar's America's Constitution: A Biography (2005). This review essay argues that incorporating the states back into this century‐old framework will open new lines of inquiry and provide a more complete account of federalism's role in the fall of slavery. In particular, a return to the archives suggests that in the uncertain context of mid‐nineteenth‐century America, slavery's leading opponents in Congress saw the Constitution's federal logic not simply as an obstacle, but as a crucial tool with which to mobilize collective action and accommodate wartime opposition at a time when no one could say for sure what would remain of the United States.
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Ivkina, Liudmmila. "Constitutional acts of Cuba during the liberation wars of the last third of the 19th century (1868-1898)." Latin-American Historical Almanac 38, no. 1 (June 30, 2023): 50–85. http://dx.doi.org/10.32608/2305-8773-2023-38-1-50-85.
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The liberation struggle of the Cuban people against Spanish domination, which unfolded in the last third of the XIX cen-tury, was a logical continuation of the national liberation pro-cess that began in Latin America at the beginning of the nine-teenth century. There are two most important stages in this struggle: the Ten Yearʹs War for Independence of 1868–1878, which ended with the signing of the compromise Treaty of Zanjon (a treaty without independence), and the War of 1895–1898, the "Necessary War", as its leader José Martí de-scribed it, interrupted by the intervention of the United States in the liberation process in 1898 and the outbreak of the Spanish-American War (April 25 / August 12, 1898), which ended with the elimination of Spanish domination and the creation in 1902 of the so-called "pseudo-republic" (1902–1934). During the years of the Liberation Struggle of 1868–1898, constitutional acts were created that testified to the so-cial orientation of these processes. During the Ten Year's War, important political acts such as the Manifest of Inde-pendence (October 10, 1868) proclaimed by C.M. de Céspedes, the Constitution of Guaymaro (April 1869) and the Constitution of Baraguá (March 17, 1878) were adopted. Dur-ing the liberation struggle of 1895–1898, two constitutions were created: Jimaguayú (September 16, 1895) and Yaya (Oc-tober 29, 1897). The analysis of the constitutional acts of the era of the liberation struggle became the subject of our re-search.
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Markkola, Pirjo. "Le luthéranisme en Finlande : entre religion d’État et Église du Peuple." Revue d'histoire du protestantisme 8, no. 2-3 (July 13, 2023): 219–32. http://dx.doi.org/10.47421/rhp_8.2-3_219-232.
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La Finlande se caractérise par une longue histoire luthérienne. Jusque 1809, le pays dépendait du royaume de Suède, puis de 1809 à 1917 ce fut un grand-duché contrôlé par l’Empire russe. Le tsar Alexandre Ier reconnut le luthéranisme et l’Église luthérienne demeura religion d’État. Le statut de la minorité orthodoxe fut également garanti. Jusqu’aux années 1860-1880, les citoyens finlandais devaient donc appartenir à la confession luthérienne ou orthodoxe. Seuls les étrangers pouvaient pratiquer d’autres religions. La loi ecclésiastique de 1869, et plus explicitement encore, la loi relative aux minorités protestantes, permirent aux Finnois de rejoindre d’autres Églises protestantes. En 1917, la Finlande obtint son indépendance. Bien que la loi ecclésiastique de 1869 introduisît une séparation entre l’Église et l’État, dans les faits elle demeura un État confessionnel luthérien jusqu’à la nouvelle constitution de 1919. Au xxe siècle, les dirigeants religieux préférèrent recourir au terme d’Église du Peuple. Mais comme l’Église orthodoxe fut aussi confirmé, les deux Églises furent reconnues comme Églises officiellement établies. La liberté religieuse ne fut introduite qu’en 1923.<
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Savić, Sanja. "Constitution of the Kingdom of Serbia from 1888." Miscellanea Historico-Iuridica 22, no. 1 (2023): 535–48. http://dx.doi.org/10.15290/mhi.2023.22.01.22.
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In the paper, the author analyzes the adoption procedure, characteristics and significance of the Constitution of the Kingdom of Serbia from 1888. After the Kingdom of Serbia acquired the status of an independent and sovereign state by the decision of the Congress of Berlin, all restrictions regarding its constitutional arrangement disappeared. Emphasizing that the constitution of 1869 was passed illegally during his childhood, and that it gave the people too much freedom, King Milan Obrenović initiated the adoption of a new constitution. Created as a result of a political agreement between King Milan and the Radical Party, the constitution was supposed to secure the interests of both parties, i.e. the survival of the ruling dynasty on the throne and the introduction of a parliamentary system. The constitution was intended to establish a balance between the rights of the people, the ruler and the assembly. By arranging the political system of the state on the principles of parliamentarism and democracy, which sought to satisfy the interests of different layers of the Serbian citizenry, and by providing favorable conditions for further democratization of political life, the constitution of 1888 represented one of the most advanced constitutions in Europe at that time. However, practice has shown that parliamentary democracy requires a more developed social environment than the one that existed in the Kingdom of Serbia at the end of the 19th century.
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Lucie, Patricia Allen. "Civil Rights, the Constitution and Congress, 1863-1869 (review)." Civil War History 37, no. 3 (1991): 281–84. http://dx.doi.org/10.1353/cwh.1991.0005.
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Andreeva, G. N. "The History of the Development of Legal Instruments to Prevent Secession: Texas v. White (1869)." Lex Russica 76, no. 3 (March 24, 2023): 124–35. http://dx.doi.org/10.17803/1729-5920.2023.196.3.124-135.
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On April 12, 1869 the Supreme Court of the United States rendered the decision in the case of Texas v. White in connection with the appeal of Texas on the fate of the bonds issued by the state during the Civil War of the North and South. The resolution of this issue, seemingly far from the constitutional and legal aspects of secession, forced the Supreme Court to speak on a number of related issues. These include the «eternal and indissoluble union» of the states that entered the United States, the American nation and its expressed will, the nature of American federalism, the possibility of secession of the states as such. The court answered in the negative as to whether a state can unilaterally secede from the United States, thereby laying the foundations of a modern judicial constitutional and legal doctrine on the admissibility of secession. In American and European science, this decision is still the subject of discussion. The paper analyzes the documents mentioned in this decision, outlines the main arguments of the Supreme Court, and reveals the arguments of scientists criticizing the decision. The paper shows the difference between the approach of the US Supreme Court in interpreting the «silence» of the US Constitution and modern approaches in other countries of the Anglo-Saxon system of law (in Canada and the UK). The problem of the validity of the decision of the US Supreme Court in the case of Texas v. White in the context of modern international law is touched upon. In conclusion, the author expresses her opinion on the reasons for the use of arguments and approaches of the Supreme Court in this decision by modern constitutional control bodies in different countries. The author believes that in search of justification for the existing legal framework in the conditions of the «silence» of the constitution on secession, the US Supreme Court chose those fundamental provisions that do not directly relate to it, but are contained in the constitutions of many countries, and at the same time managed to link them with the inadmissibility of secession.
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St. Petkov, Petko. "[Writer and Scientist. Bishop and Stateman. 180 Years Since the Birth of Vasil Drumev – Kliment Branitski and Turnovski." Istoriya-History 30, no. 2 (March 10, 2022): 127–43. http://dx.doi.org/10.53656/his2022-2-1-vas.
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On the basis of published sources and original documents from the Scientific Archive of the Bulgarian Academy of Sciences, the Central State Archive, the Bulgarian Historical Archive at the National Library „St. Cyril and St. Methodius” and the State Archives – Ruse, the views and activities of Vasil Drumev – Kliment Branitski and Tarnovski (1841 – 1901) are analyzed. He is one of the brightest personalities in the modern history of Bulgaria: a participant in the First Bulgarian Legion in 1862, a notable writer, one of the founders of the Bulgarian Literary Society in 1869, and after 1878 – a respected bishop, active public figure and statesman. Kliment participated in extremely important moments in the modern history of Bulgaria: the adoption of the Tarnovo Constitution, the election of Prince Alexander I, the state building of the young principality, the struggle to restore the constitutional order 1881 – 1883, diplomatic protection of the Union 1885, restoration of relations with Russia and the international recognition of the Bulgarian prince in 1895 – 1896.
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Ramírez Pinargote, Johanna Griselda, Jaime Alfredo Troya Chasi, Maribel Jessenia Coello Almagro, and Oswaldo Rafael Borja Ramos. "The Black Letter, Political Expression of Gabriel Garcia Moreno's Conservativeness." RECIMUNDO 6, no. 1 (February 4, 2022): 301–8. http://dx.doi.org/10.26820/recimundo/6.(1).ene.2022.301-308.
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This essay deals with one of the most controversial characters in Ecuadorian history, President Gabriel García Moreno, an Ecuadorian politics figure of the second half of the nineteenth century. Because of his actions during his presidential term, popular perception was divided, with some considering him an angel while others considering him a demon; in his second presidential term he convoked a National Convention to draft a new Magna Carta. The Constitution of 1869 was called the Black Charter by its contemporaries, by violating rights such as freedom of worship, freedom of expression; it was exclusionary because it did not allow the political participation of the vast majority of the population; education is based eminently on Catholic dogmas, despite all this, it was approved by referendum on July 18, 1869, by 96.36% of voters. Keywords: President, Constitution, Black Letter, Religion, Church.
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Mesa Göbel, José Manuel. "Promulgación y juramento de la Constitución de 1869 | Promulgation and Oath-taking of the 1869 Constitution." REVISTA ESTUDIOS INSTITUCIONALES 5, no. 9 (December 28, 2018): 25. http://dx.doi.org/10.5944/eeii.vol.5.n.9.2018.22987.
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Todo cambio de régimen en un Estado viene acompañado por trascendentes modificaciones en el ceremonial, el protocolo, sus símbolos, y en la configuración y ejecución de actos, como medio definidor y de legitimación de un nuevo régimen político y de ruptura con el anterior. En el mes de junio de 1869 se van a desarrollar una serie de actos y eventos, ya provengan de la propia iniciativa política como desde planteamientos populares que asume el poder político como vehículo de legitimación del nuevo estado político. Entre esos actos que se llevaron a cabo en ese mes en Madrid, destaca el acto solemne de promulgación y juramento de la Constitución de 1869, el cual tendrá su propia traslación a las distintas capitales de provincia y localidades relevantes, y que tras el análisis del presente estudio se podrá comprobar la profusa regulación normativa que la toma en consideración del juramento de la Norma Fundamental tuvo en numerosas instituciones, miembros y empleados de las mismas.Se trata por tanto de un acto fundamental, con un desarrollo destacado en su ceremonial tanto respecto al acto celebrado el 6 de junio de 1869 en las Cortes Constituyentes, como en todos aquellos actos que consecuencia del juramento afectará a instituciones, sus funcionarios tanto civiles como militares y otros miembros de los mismos. Se trata de una sucesiva y larga serie de disposiciones publicadas en la Gaceta de Madrid, que se alargarán hasta finales del año 1870, abarcando aspectos fundamentales del juramento, su ceremonial, fórmula, y distintos aspectos relacionados con el mismo, así como las consecuencias de no hacerlo. Por tanto, uno más de los actos y eventos solemnes que se desarrollaron en Madrid en ese mes de junio de 1869 como la inauguración del Panteón Nacional, el descubrimiento de la escultura de Mendizábal, el nombramiento del Regente y su juramento de la constitución, etc._________________Every new regime brings along transcendent modifications in a state's ceremonial, protocol, symbols, configuration and performance of ceremonies, so as to define and legitimize the new political regime while rupturing with the previous one. In June 1869, a series of ceremonies and events originated either from political initiative alone or from popular approaches that accepted political power as a means to legitimize the new political state. One of those remarkable ceremonies that were held in Madrid that month was the solemn act of promulgation and oath-taking of the 1869 Constitution, then replicated throughout all capital and major cities in the provinces. As analyzed in this study, the oath-taking of the Fundamental Law allowed for a profuse set of normative regulations that affected a number of institutions along with their members and officials.It was therefore a fundamental act carried out with outstanding formalities at the ceremony held at the Constituent Parliament on June 6, 1869, and in all the resulting ceremonies concerning institutions, their civil and military officials and other members thereof. A long, sequential series of provisions were published in the Madrid Gazette until the end of 1870to cover key aspects of oath-taking, such as its ceremonial and process, and the consequences of not carrying it out. Therefore, this oath-taking was one of the solemn ceremonies and events that took place in Madrid back in June 1869, together with the inauguration of the National Pantheon, the unveiling of Mendizábal's statue, the appointment of the Regent and his constitutional oath, and so on.
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Capellán De Miguel, Gonzalo. "Gumersindo de Azcárate: Derecho, "Selfgovernment" y Constitución inglesa." Teoría y Realidad Constitucional, no. 44 (November 15, 2019): 527. http://dx.doi.org/10.5944/trc.44.2019.26027.
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Gumersindo de Azcárate (León, 1840— Madrid, 1917) fue uno de los más influyentes catedráticos de derecho y políticos de la España contemporánea. Fue un miembro activo del denominado movimiento krausista que desempeñó un importante papel en la cultura y política española tras la revolución de 1868. Desde diferentes revistas y desde la propia Universidad defendió los principios liberales y democráticos que conducían al establecimiento de su ideal: Estado de derecho. En ese contexto apoyó la nueva constitución de 1869, que Azcárate considerará siempre un referente y el mejor código fundamental de la España moderna. Con la Restauración en 1874 de la Monarquía inspirada en el doctrinarismo francés Azcárate se mostró muy crítico y propuso dirigir la mirada hacia la constitución de Inglaterra como el modelo jurídico-político a tener en cuenta. A su juicio el sistema constitucional inglés se articulaba en torno al principio del self-goverment o soberanía de la sociedad a partir del cual se construía un régimen parlamentario democrático con una administración descentralizada, un poder judicial independiente y una opinión pública que actuaba a la vez como fuente, guía y límite de los distintos poderes del Estado. Entre 1886 y 1916 Azcárate fue Diputado en el Congreso de los Diputados por el partido republicano y se implicó activamente, como presidente del Instituto de Reformas Sociales (1903), en la mejora de las condiciones de vida las clases obreras.Gumersindo de Azcárate (León, 1840— Madrid, 1917) was one the most influential Law professor and politician in Contemporary Spain. He was an active member of the so-call krausist movement that played a major role in Spanish culture and politics after the revolution of 1868. From both, journals and University he defended the liberal and democratic principles that lead to his ideal: a rule of law. In that context he supported the new constitution of 1869, regarded by Azcárate for the rest of his life as the best one in Spanish modern history. When the Restoration took place in 1874 and a constitutional Monarchy inspired in French doctinaires’ political theory was set up, Azcárate criticised it proposing to look over the Constitution of England as a model. According to his interpretation of English constitutional system, the principle of self-government or the sovereignty of society was the key principle for building a true democratic parliamentary government based on the free association of individuals, a decentralized administration, an independent judicial power and public opinion as the very source, guide and limit of all the powers of the State. From 1886 up to 1916 Azcárate became Member of the Parliament as representative of the republican party and was actively involve in the Intitute for Social Reforms (1903) that tried to improve the condition of the working classes.
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Triviño Anzola, Consuelo. "JOSÉ MARÍA VARGAS VILA, DEFENSOR DE LA CONSTITUCIÓN DE RIONEGRO." Anuari de Filologia. Literatures Contemporànies, no. 9 (December 18, 2019): 15–27. http://dx.doi.org/10.1344/aflc2019.9.3.
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After the independence and the creation of the New Granada in 1819, the young Latin American republics continued faced disputing power. The caudillos spent their energies in partisan struggles because personal, group, class and ethnic interests overlapped, often under romantic formulations. Between chaos and order, 14 constitutions were drafted in Colombia until reaching the Rionegro Constitution of 1863. Promulgated by the leaders of Radical Liberalism, it went too far in its pursuit of utopia. Federalism, defense of individual freedoms, abolition of the death penalty, freedom of press and separation of the Church and the State are some of its most important conquests, but the consequences of its extremes triggered bloody civil wars. In the heat of these disputes arises José María Vargas Vila (1860-1933), the famous pamphleteer, who enlisted in the ranks of Radical Liberalism defending constitutional rights. This article exposes the position of a Colombian liberal intellectual in face of period called Regeneration that seeks to impose peace and order in Colombia restricting the freedoms and rights granted by the Rionegro Constitution.
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Armour, Ian D. "Killing Nationalism with Liberalism? Austria–Hungary and the Serbian Constitution of 1869." Diplomacy & Statecraft 21, no. 3 (September 14, 2010): 343–67. http://dx.doi.org/10.1080/09592296.2010.508394.
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DMITRIEV, IGOR S. "Scientific discovery in statu nascendi: The case of Dmitrii Mendeleev's Periodic Law." Historical Studies in the Physical and Biological Sciences 34, no. 2 (March 1, 2004): 233–75. http://dx.doi.org/10.1525/hsps.2004.34.2.233.
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ABSTRACT: The history of Mendeleev's famous discovery has long been a matter of lively debate among experts. This essay proposes a new reading of this story, which differs from the well-known reconstructions made by Kedrov, Bensaude-Vincent, Graham and others. Particular attention is paid to the context of a Mendelevian thought and the analysis of the surviving outlines of his first variants of the Periodic Table. By considering Mendeleev's discovery of the Periodic Law one can identify the three principal stages in his work: 1) the composition of the ““first attempt””(pervaia proba) of the system of chemical elements and the discovery of the periodic character in dependence of the elements, properties on their atomic weights (late 1868-early 1869); 2) the composition of Attempt at a system of elements based on their atomic weights and chemical similarity as a temporary version of the Periodic Table (February 1869); 3) the composition of the Natural system of elements (November 1870). Mendeleevian work on Attempt revealed a lack of clear chemical criteria for unifying elements of different classes——the ““natural families”” and ““transitional metals””——into a general taxomonical scheme that forced him to reject the ideal structure of the system of elements that he had formed earlier (1868). It was only by November of 1870 that Mendeleev finally solved the ““unification problem,”” formulating the basic principles of his system. This article also discusses how Mendeleev's views on the structure of the Periodic System were mediated by his convictions regarding the constitution of organic compounds.
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Milosavljevic, Boris. "Drafting the constitution of the Kingdom of Serbs, Croats and Slovenes (1920)." Balcanica, no. 50 (2019): 225–44. http://dx.doi.org/10.2298/balc1950225m.
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The Kingdom of Serbs, Croats and Slovenes was internationally recognized during the Paris Peace Conference in 1919-20. Even though there was neither a provisional nor a permanent constitution of the newly-formed state, factually there was a state as well as a system of governance, represented by supreme bodies, the King and the Parliament. Many draft constitutions were prepared by different political parties and notable individuals. We shall focus on the official Draft Constitution prepared during the premiership of Stojan Protic. He appointed the Drafting Committee as a governmental (multi-ethnic) advisory team of prominent legal experts from different parts of the new state consisting of Professors Slobodan Jovanovic (President), Kosta Kumanudi and Lazar Markovic (Serbia), Professor Ladislav Polic (Croatia) and Dr Bogumil Vosnjak (Slovenia). After two months of work, the Committee submitted its draft to the Prime Minister. The leading Serbian legal scholar and president of the committee, Slobodan Jovanovic (1869-1958), was well-acquainted with the details of Austro-Hungarian and German legal traditions. Since he was an active participant and witness of the events that led to the creation of the new state, while also being an objective and critical historian, it is important to shed light on his firsthand account of the emergence of the state of Serbs, Croats and Slovenes.
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Graham, John Remington. "Quebec, Canada, and the Glorious Revolution." Les Cahiers de droit 37, no. 4 (April 12, 2005): 1015–36. http://dx.doi.org/10.7202/043417ar.
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The theory of secession in the United States, as acknowleged by New England during the War of 1812 and by the South during the American Civil War, is traced to authentic historical roots, and freshly reexpounded so as to permit renewed consideration of the wisdom of James Buchanan and the error of Abraham Lincoln in 1860 and 1861. The British North America Act of 1867 (Constitution Act of 1867) is then viewed against Sir John Macdonald's misinterpretation of the American Civil War. Events leading to the present constitutional impasse between Quebec and Canada are reexamined, so as to reveal the underlying cause. The author expounds the principle of the Glorious Revolution, as explained by Sir William Blackstone, and shows why, in light of the constitutional custom giving legitimacy to the reign of William and Mary, and the present constitutional order of Canada under Elizabeth II, a reference to the Supreme Court cannot resolve the crisis now erupting in Quebec. The resolution of this crisis can only be accomplished by statesmanship, buttressed by patriotism and courage.
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Tassev, Alexander. "70 YEARS OF THE ECONOMIC RESEARCH INSTITUTE AT THE BULGARIAN ACADEMY OF SCIENCES." Economic Thought journal 64, no. 4 (August 20, 2019): 3–12. http://dx.doi.org/10.56497/etj1964401.
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This anniversary coincides with the great jubilee of the Bulgarian Academy of Sciences - 150 years of the national spiritual center, which was established with the founding of the Bulgarian Literary Society in 1869. Together with the recognition a year later of the Bulgarian Exarchate, they are a worthy end to the national spiritual revival started by Paisii Hilendarski. The first president of the Bulgarian Literary Society prof. Marin Drinov and its members, prominent Bulgarian revivalists such as Dragan Tsankov and many others, participated in the First Great National Assembly in Tarnovo and in the writing of the first Bulgarian constitution, which established Bulgaria on the political map of Europe.
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Crăciun-Chivereanu, Claudia-Elena. "The Constitutional Importation and the Political Modernization of the Romanian State." Studia Universitatis Babeș-Bolyai Studia Europaea 68, no. 1 (June 30, 2023): 247–82. http://dx.doi.org/10.24193/subbeuropaea.2023.1.08.
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"This article has as its starting point the genesis of Romanian constitutionalism. Developed according to the Belgian model, the Constitution of 1866 allowed the birth of a democratic system of government and consolidated the autonomy of Romania, in the context where, after the abdication of Prince Alexandru Ioan Cuza, there was an inherent need for governmental stability. However, the decision to adopt a prestigious constitutional model was guided by the idea of international legitimacy. The predominantly liberal character of the Belgian Constitution of 1831 influenced the process of drafting fundamental laws in several European states, not only in Romania (Greece, Italy, Prussia, etc.). The constitutional import process is inevitable, but extremely difficult and rarely impossible. The inevitability of this process stems from the fact that overarching constitutional ideas and mechanisms are generally limited. This type of transfer occurs when constituent assemblies face a particular problem and choose to focus on already functioning constitutions. Keywords: constitutional import; the Belgian Constitution of 1831; the Romanian Constitution of 1866; foreign prince; modernization and political independence; modern liberal constitutionalism. "
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Valença, Silvio Leonardo, Cochiran Pereira dos Santos, Gabriela Oliveira Valença, and Orlando Pedreschi Neto. "Investigation of corrosive processes in the hull of a shipwreck in 1905." Research, Society and Development 11, no. 12 (September 6, 2022): e41111234104. http://dx.doi.org/10.33448/rsd-v11i12.34104.
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This study presents the analysis and characterization of the corrosive process in the metallic material that makes up the hull of a shipwreck in 1905 in the Baia de Todos os Santos in the city of Salvador - Bahia - Brazil. Samples were collected from fragments of the shipwreck's hull by scuba diving. The results obtained through techniques such as electrochemistry and scanning electron microscopy, allowed the analysis of the process and products of corrosion in the metallurgical structure, as well as metallography to verify the phases present in its structure after the manufacturing process in the last century. The constitution of the Black Adder's hull, built in 1869, consists of a low carbon steel alloy, containing high levels of impurities, mainly phosphorus and sulfur, demonstrating the low metallurgical quality of the time.
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Bates, Juandrea M. "Unaccompanied Minors and Fraudulent Fathers: Civil Law in the Unmaking of Immigrant Family in Buenos Aires, 1869–1920." Hispanic American Historical Review 102, no. 1 (February 1, 2022): 95–126. http://dx.doi.org/10.1215/00182168-9497213.
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Abstract This article examines how legal concepts of age and family shaped the status of immigrants in Argentina from 1869 to 1920. While historians have long explored the effects that immigration had on Argentina's culture, economic development, and political stability, they often overlook a fundamental aspect of this migration: approximately one-third of those who arrived to Argentina by 1909 were under the age of 22. They were, therefore, legal minors. Evidence from 300 suits filed in Buenos Aires civil tribunals indicates that these young people faced significant challenges obtaining the protections and rights of citizens promised foreign residents in Argentina's 1853 constitution. Immigrant parents also faced frequent challenges to their parental rights. The sociolegal construction of minorities and families fundamentally shaped the status of immigrants in Argentina.
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Grimm, Dieter. "Constitutional Adjudication and Democracy." Israel Law Review 33, no. 2 (1999): 193–215. http://dx.doi.org/10.1017/s0021223700015971.
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Constitutional adjudication is as old as democratic constitutionalism. But for a long period of time, the United States of America remained alone in subjecting democratic decision-making to judicial review. While constitutions had become widely accepted already in the 19th century, it took almost two hundred years until constitutional adjudication has gained world-wide recognition. In the 19th century, only Switzerland entrusted its Supreme Court with competencies in the field of constitutional law, yet, not including review of federal legislation. All other attempts to introduce constitutional adjudication failed. This is also true for Germany where the constitution of 1849 had provided for judicial review in an ample manner. But the constitution adopted by the revolutionary Paulskirchen Assembly did not enter into force because the monarchs refused their consent after the revolution had been put down.
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Przybyszewski, Linda. "Religious Liberty Sacralized: The Persistence of Christian Dissenting Tradition and the Cincinnati Bible War." Law and History Review 39, no. 4 (November 2021): 707–36. http://dx.doi.org/10.1017/s0738248021000419.
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In 1869, the Cincinnati school board ended a forty-year tradition of Bible reading in the schools in an attempt to encourage Catholics to use them, thus provoking national controversy and a lawsuit brought by pro-Bible advocates. Scholars regularly cite the Ohio Supreme Court decision in favor of the school board as a landmark in the legal separation of church and state. This article interrogates the meaning of the secularization of law by examining expressions of juristic, pedagogic, and popular consciousness in the multiple levels and spaces where individuals raised and resolved constitutional questions on education. Dissenting Christian tradition shaped the legal brief of Stanley Matthews, the school board's lead attorney. Matthews' sacralized the religious liberty guarantee found in the Ohio Constitution within a post-millennialist framework. Ohio Chief Justice John Welch hybridized Christian dissenting tradition with deistic rationalism in <u>Board of Education v. Minor, et al</u>, thus appealing to as broad a constituency as had the right to elect justices to the Ohio Supreme Court. The limited, technical ruling allowed for a metropole/periphery divide in educational practice, so that Bible reading and prayer in Ohio public schools continued well into the 20th century. Far from a landmark in secularization of the law, the Bible War case demonstrates the persistent power of religion to frame law, including the law of religious liberty.
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Kloppenburg, Boaventura. "No quarentenário da Lumen Gentium." Revista Eclesiástica Brasileira 64, no. 256 (May 14, 2019): 822. http://dx.doi.org/10.29386/reb.v64i256.1695.
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Frei Boaventura Kloppenburg, Bispo emérito de Novo Hamburgo, RS, ex-Redator da REB e perito do Concílio Vaticano II, ao ensejo do 40o aniversário da Lumen Gentium (LG) destaca seu valor doutrinário e pastoral. Sonda com bons critérios hermenêuticos a mens da Constituição Dogmática do Vaticano II, que levou a bom termo a empreitada do Vaticano I (1869-1870) interrompida pela guerra de unificação da Itália. Conclui: as verdades que a LG propõe como doutrinas reveladas são de fato verdades de fé solenemente definidas, e entre estas se destacam de modo especial a colegialidade dos Bispos, sua infalibilidade em questões de fé e moral nas condições indicadas pela LG e a natureza sacramental da ordenação episcopal.Abstact: Fray Boaventura Kloppenburg, former Bishop of Novo Hamburgo, RS, a previous editor of the REB and an expert on the Vatican II Council, in the opportunity of the 40th anniversary of the Lumen Gentium (LG) emphasizes its theoretical and pastoral value. With good hermeneutic criteria, the Author seeks the spirit of the Dogmatic Constitution of Vatican II that successfully carried out the hard work of Vatican I (1869-1870) interrupted by the Italian unification war. He concludes that the truths proposed by the LG as revealed doctrines are, in effect, truths of faith solemnly defined, and, among them, the Bishops’collegiality, their infallibility in the issues of faith and morals in the conditions indicated by the LG, and the sacramental nature of the episcopal ordination are specially outstanding.
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Rolston, Arthur. "Capital, Corporations, and Their Discontents in Making California's Constitutions, 1849–1911." Pacific Historical Review 80, no. 4 (November 1, 2011): 521–56. http://dx.doi.org/10.1525/phr.2011.80.4.521.
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This article traces California's constitutional development from 1849 through 1911, examining how and why California's constitution developed into a quasi-legislative document that constitutionalized policies involving corporations, banks, railroads, taxes, and other economic relationships, thereby limiting the power of the legislature. I argue that drafters of California's constitutions deliberately curtailed legislative power and transformed class issues into constitutional ones. California's experience was consistent with state constitutional developments throughout the United States, especially in the West. Advocates of constitutional reform saw state legislatures as corrupt captives of "capitalists" and other "special interests" that could not to be trusted to serve the people's interests. These issues permeated debates over constitutional reform in California and other states from the 1840s through the initial decades of the twentieth century, leading to the adoption of the initiative and referendum.
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Deslauriers, Jacques. "La Cour provinciale et l'art. 96 de l'A.A.N.B." Les Cahiers de droit 18, no. 4 (April 12, 2005): 881–920. http://dx.doi.org/10.7202/042197ar.
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In the Province of Quebec, the Provincial Court constitutes one of the most important benches after the Court of Appeal and the Superior Court. At its beginning in 1869, the Provincial Court was termed the Magistrate's Court and its juridiction was very circumscribed. The constitutional problem arising from the existence of such a court was not obvious as it is today. In 1867, when the B.N.A. Act was drafted, the powers concerning the administration of justice in the Province, including the constitution, maintenance and organisation of provincial courts, both civil and criminal, and including procedure in civil matters, were conferred on the provinces by section 92(14). But by section 96, it was provided that the Governor General should appoint the judges of the Superior, District and County courts in each province. These provisions of the B.N.A. Act are extremely confused, so that more than 130 published cases have not succeeded in clarifying definitively the interpretation of sections 96 and 92(14), and such a situation imperils the stability of the judiciary in the Canadian provinces. For the analysis of section 96 of the B.N.A. Act, we must refer to some concepts in English Law about Superior Courts and Inferior Courts. The Magistrate's Court, now the Provincial Court in Quebec, has in fact replaced the Circuit Court whose competence was exercised by judges of the Superior Court appointed by the Federal Government. It is not obvious that in 1867 the Circuit Court was an inferior bench in the mind of the drafters of the B.N.A. Act. At that time the inferior courts in the Province of Quebec were the Commissary Courts and the Justices of the Peace. In 1869 when the Magistrate's Court was established, nobody was wandering about the constitutional question because the jurisdiction of the Court was limited to the collection of municipal and school taxes and to suits actions in which the amount was less than $ 25.00. But in 1888 and 1889 when the Provincial Legislature attempted to replace the Circuit Court in the District of Montreal with the Magistrate's Court, the Federal Government disallowed the laws because judges appointed by the Provincial Government were invested with powers which were up to that time exercised by judges appointed by virtue of section 96 of the B.N.A. Act. The Federal Government was then invited to appoint judges especially affected to the Circuit Court of Montreal, but the Magistrate's Court continued to exist in other judicial districts without extent of jurisdiction. In 1922, the Provincial Legislature tried agin to raise the powers of the Magistrate's Court by transferring to it all the functions exercised by Superior Court judges in the Circuit Court. But at this moment, the Federal Government did not intervene with it's disallowance power. So, once the delay for disallowance had expired, the Provincial Government continued to raise the competence of the Magistrate's court until the abolition of the Circuit Court in 1952. Since 1952, the powers of the Magistrate's Court have not ceased to grow. In 1965, with the adoption of the new Code of Civil Procedure, the name of Magistrate's Court was changed to become the Provincial Court. In spite of it's importance, the constitutional question is not yet settled, and whatever method we use, we cannot justify the constitutionality of the Provincial Court. Several methods have been elaborated by judges to interpret section 96 of the B.N.A. Act. The particularist method consists in appreciating if a board or a bench is invested with powers which, in 1867, were exercised by judges appointed by the Federal Government. If so, the bench is considered inconstitutional. Another method is the functionalist method by which it is presumed that the judicial function should be exercised only by judges appointed by virtue of section 96. This method is not very often used. Finally, there is the globalist method which is more comprehensive but also more abstract, which consists in the recognition of the fact by the growth of its jurisdiction the Provincial Court has become a superior, district or county Court. Whatever method is used, it is very difficult to establish the constitutionality of the Provincial Court in the Province of Quebec. This situation incites a reflexion about the opportunity of section 96 of the B.N.A. ACT which restrains the Province from adopting judicial reforms that are very necessary. If after 110 years, we are not clear about the interpretation that should be given to section 96, we shall never be. In the actual context, the arguments presented by the Fathers of the Confederation for the drafting of section 96 are not very pertinent. If we examine other federal constitutions in foreign countries, it appears that in every case the drafters of such constitutions carefully avoid the situation in which we are placed by section 96 of the B.N. A. Act. Perhaps the better solution for us is the abrogation of section 96 of the B.N.A. act.
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Ignatenko, Victor, and Aleksey Petrov. "Effect of Decisions of the Constitutional Court of the Russian Federation: Impact of Constitutional Changes." Academic Law Journal 22, no. 3 (November 17, 2021): 193–201. http://dx.doi.org/10.17150/1819-0928.2021.22(3).193-201.
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The activities of the Constitutional Court of the Russian Federation are aimed at achieving a number of goals, the main one of which is to ensure the proper implementation of the Constitution in the nation's legal system as an act endowed with supreme legal force and having direct effect. The main external embodiment of this activity are the decisions of the Constitutional Court on specific cases. In this regard, it is of interes thow these decisions operate and are applied in the event that the Constitution - their legal basis - undergoes changes as a result of amendments to it. The complexity of this problem is determined by the high level of normative generalization of the provisions of the Constitution of the Russian Federation, as well as legal positions of the Constitutional Court. This topic is of quite practical interest, since in 2020 the Constitution of the Russian Federation underwent a fairly deep modernization. It can be expected that the Constitutional Court will in the near future face the need to determine the limits of application of its earlier decisions. In this regard, the article analyzes the existing practice of the Constitutional Court on the issues of the legal force of its decisions taken before the entry into force of the current Constitution. Examples from foreign experience are given, illustrating the problem of correlation of the changing constitutions with the decisions of the judicial bodies of constitutional control.
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Minnikes, Irina. "Сonstitutional Regulation of Elections in the Countries of East and South-East Asia: Comparative Analysis of the Coefficient of the Legislator’s Interest." Academic Law Journal 24, no. 3 (August 31, 2023): 305–9. http://dx.doi.org/10.17150/1819-0928.2023.24(3).305-309.
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The territorial framework of the study includes the constitutions of the countries of East and South-East Asia. The comparative analysis of articles of constitutions of these countries devoted to elections is presented, the main directions of constitutional and legal regulation of elections are analyzed. The main attention in the article is paid to solving the question of which countries’ constitutions show the greatest and least interest in electoral norms. It is established that a simple comparison of the number of articles of the constitution that are devoted to elections does not accurately reflect the degree of interest of the legislator. The author’s method of calculation is proposed, designated as the «Coefficient of legislator’s interest» (CLI). CLI represents the share of articles on elections in the total number of articles of a specific Constitution. It has been established that the largest CLI in the region characterizes the Constitution of Mongolia. The conclusion is made that the CLI indicator can serve as one of the elements of the characteristics of the Constitution of any state, as well as a tool for comparative analysis of legislative acts of different countries, as well as acts adopted at different times.
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Rather, Aqib Yousuf. "The Opinion of Dr B. R. Ambedkar on Village Panchayats." Journal of Image Processing and Intelligent Remote Sensing, no. 12 (November 26, 2021): 8–15. http://dx.doi.org/10.55529/jipirs.12.8.15.
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The village panchayat is the most traditional form of local government in the Indian subcontinent. In its literal sense, the word "panchayat" refers to a group of five (or "Panch") respected and wise elders who have been elected by the people of a certain area. Historically, these assemblies have been used to resolve disagreements between communities and individuals. Local self-government was established in Bombay in 1869 when the British established a district local fund. With the formation of district local boards in 1882, Lord Ripon instituted local self-government in India. A modest attempt is made in this article, following the 73rd constitutional amendment, to identify the operational characteristics of panchayati raj entities. M. K. Gandhi's "Gram Swaraj" and Dr. B. R. Ambedkar’s wholly opposed position on the intrinsic defects of villages that prohibit panchayats from forming as institutions of self-government dominate India's post-independence discourse on local self-government. To better comprehend India's contemporary panchayat governance structure, an introduction to the country's history of local self-government before and after independence is provided. To better understand panchayats' three-tier structure, the impediments to their efficient operation are underlined. Finding out the roles of panchayats is of limited use without enough financial decentralization. As long as those at the top of society have power, they make it hard for the poor to join in. Thus the aim of the study is to highlight the views of architect of Indian constitution on village panchayats.
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Yakimova, Ekaterina. "Ideological and Value Fundamentals of Constitutional Regulation of Entrepreneurial Activity." Academic Law Journal 24, no. 3 (August 31, 2023): 310–14. http://dx.doi.org/10.17150/1819-0928.2023.24(3).310-314.
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The aim of the study is to identify the features of constitutionalizing the ideological and value fundamentals for conducting entrepreneurial activity. The stages of the constitutional regulation of entrepreneurial activity have been distinguished, it has been determined that the constitutions of any «generation» determined some or other value orientations of functioning of economic relations. It is noted that constitutionalizing of values of economic activity is not a feature of modern constitutions — many of the constitutions of the second «generation» contained provisions reflecting the ideological and value basis for conducting business activities. The article also considers peculiarities of enshrining of ideological and value bases of entrepreneurial activity at the present stage of constitutional construction in Russia. It is concluded that constitutionalizing the categories that have an ideological-value coloring, though complicates the design of constitutional regulation, but performs the constitution’s programmatic function.
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Ledbetter, Cal. "The Constitution of 1868: Conqueror's Constitution or Constitutional Continuity?" Arkansas Historical Quarterly 44, no. 1 (1985): 16. http://dx.doi.org/10.2307/40027723.
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Tyshchyk, Borys. "PREREQUISITES FOR THE ADOPTION, CONTENT AND EVALUATION OF THE CONSTITUTION ACT OF CANADA, 1982 (TO THE 40TH ANNIVERSARY OF THE ADOPTION OF THE CONSTITUTION)." Visnyk of the Lviv University. Series Law, no. 75 (November 10, 2022): 17–23. http://dx.doi.org/10.30970/vla.2022.75.017.
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The article examines certain problems of the formation history of Canadian constitutionalism through the prism of the analysis of the prerequisites for the adoption and content of the Canadian Constitutional Act of 1982 and determines its place and influence in the world system of knowledge of a political and legal nature. As it is known, the constitution (from the Latin constitutio — establishment, system, order) is the main state document (law) that defines the state system, the order and principles of functioning of the representative, executive and judicial authorities, the electoral system, rights and obligations of a state, society and citizens. Usually, other laws of a particular state are based on the constitution. In addition, every modern written constitution grants specific powers to the organizations and public institutions established on the primary basis of compliance with the limitations of such a constitution. In most, but not all, modern states, the constitution takes precedence over the common law. Constitutions apply to a variety of levels, from sovereign states to the corporations and societies. An international treaty establishing international organizations is also their constitution in the scope that it defines how that organization is formed. For a state, whether sovereign or the subject of a federation, the constitution defines the principles on which the state is based and the order by which and who has the right to make laws. Some constitutions, especially codified ones, also act as restraints on the state power by establishing boundaries that state leaders cannot cross, i.e. fundamental rights. It is noted that today Canada is a constitutional monarchy, the head of state of which is the King or Queen of Great Britain. Canada officially belongs to the so-called «strong federations», in which parts of the federation have significant rights and responsibilities, some of the decisions of the central government shall be carried out by the provinces, but their activities are regulated by a series of agreements and laws, and disputes are often resolved by judicial authorities. All of Canada's provinces have unicameral parliaments and generally follow the same rules as the lower house of Canada's federal parliament. Considerable attention is paid to the fact that the Canadian constitution is the legal basis of the state and consists of both written text and unwritten traditions and agreements. The Constitution also includes the Canadian Charter of Rights and Freedoms, which guarantees basic rights and freedoms to citizens. In Canada, the constitution refers to a compilation of acts, British laws, court decisions, etc. The two main documents are the British North America Act of 1867, which declared Canada a dominion of Great Britain, and the 1982 act, which established that all laws passed in Canada did not require formal confirmation by the British Parliament.
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Kurunmäki, Jussi. "Political Representation, Imperial Dependency and Political Transfer: Finland and Sweden 1809–1819." Journal of Modern European History 15, no. 2 (May 2017): 243–60. http://dx.doi.org/10.17104/1611-8944-2017-2-243.
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Political Representation, Imperial Dependency and Political Transfer: Finland and Sweden 1809–1819 The article examines the post-revolutionary rearrangement in Europe by focusing on the separation of Finland from Sweden. In 1809, the eastern part of the Swedish kingdom became a grand duchy within the autocratically ruled Russian empire. Both Finland and Sweden experienced the constitutional moment which characterised the post-revolutionary and post-Napoleonic Europe, but in very different ways. The Swedish Diet enacted a new written constitution while the Finnish Diet gave its oath to the new emperor, who promised to maintain the laws, privileges and rights of the country. Alexander I might have used the word «constitution» in his speech to the Finnish Estates, but the political status of the grand duchy remained unclear, and it was only in 1863 that the Finnish Diet was called to convene again. In the context of imperial dependency and a lack of established forums for public debate, the article analyses how the issue of political representation was made public in Finland during the first decade of Russian rule. The analysis is based on the ways in which the official newspaper described the new political situation of Finland and reported on political circumstances and parliamentary life in other countries. It is argued that the publication of news from abroad can be seen as an important way of keeping the issue of political representation alive in Finland. It was also a channel for the reception of political concepts. The study discusses the Finnish case in relation to political circumstances in Sweden. The comparative angle draws attention to complex features of the formation of a new polity and a reformation of an old.
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Mauk, David. "Syttende mai Vignettes from Minneapolis/St. Paul: The Changing Meaning of Norway's Constitution Day in the Capital of Norwegian America, 1869-1914." American Studies in Scandinavia 34, no. 2 (September 1, 2002): 32–53. http://dx.doi.org/10.22439/asca.v34i2.4398.
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Ivkina, Liudmila. "The Information Junta (1866–1867): Hopes and Disappointments. Spain and Cuba on the eve of the Ten Years' War of Independence of 1868–1878." Latin-American Historical Almanac 40, no. 1 (November 24, 2023): 20–39. http://dx.doi.org/10.32608/2305-8773-2023-40-1-20-39.
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The Information Junta or Commission for Reform (1866–1867), convened at the initiative of Spain and supported by supporters of reforms of colonial administration in Cuba and Puerto Rico, was called upon to discuss issues related to the liberalization of the colonial regime in the Spanish colonies, the abolition of the wartime regime introduced in 1825, and the so-called "special laws" established by Article 80 of the Constitution of 1837, which excluded Cuban deputies from participation in the Spanish Parliament, to consider the regula-tion of the labour of the coloured population of the island and of Asians, and the means of attracting free white immigration, as well as those connected with navigation and trade with oth-er countries, and the imposition of customs duties. This was the first attempt at dialogue between the mother country and its colonies. Meetings of the Information Junta, held from Oc-tober 30, 1866 to April 1867, revealed serious disagreements between Cuban and Puerto Rican deputies over the issue of slavery, as well as within the camp of Cuban reformist politicians over proposed political reforms to colonial administration. The activities of the Information Junta and its results became the subject of research in the proposed article.
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Colton, Paul. "The Pursuit of a Canonical Definition of Membership of the Church of Ireland." Ecclesiastical Law Journal 10, no. 1 (December 3, 2007): 3–33. http://dx.doi.org/10.1017/s0956618x07000610.
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This paper pursues a canonical definition of membership of the Church of Ireland. Both civil and Church laws presuppose that membership is defined; clergy rely on definitions, both formal and informal. In Ireland, freedom of religion is guaranteed and the courts are reluctant to interfere in the internal affairs of religious entities. Churches are voluntary associations, and church members are bound, inter se, by the church's internal laws as a matter of contract; this is given statutory expression in the Irish Church Act 1869. While the law of the Church of Ireland presents no unified definition of membership, the concept is utilised: strata of membership are manifest in a multiplicity of terminologies and roles. In the dynamics discerned in Church laws (not least the Preamble and Declaration and the Constitution of the Church of Ireland) a nascent definition of membership is detected. Comparison with the Anglican Communion and the ecumenical arena exposes weaknesses in the laws of the Church of Ireland. History indicates that membership was recognised and relied on in an establishment context, but not defined. In this paper, an anatomy of a canonical definition of membership that transcends such self-defining models is posited, based on the proposition that membership is more than what people say they are.
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Pelletier, Benoît B. "Les pouvoirs de légiférer en matière de langue après la « Loi constitutionnelle de 1982 »." Les Cahiers de droit 25, no. 1 (April 12, 2005): 227–97. http://dx.doi.org/10.7202/042594ar.
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The object of this study is to ascertain the power of the federal and the provincial governments to legislate concerning language in Canada. After a study of the ancillary doctrine as the constitutional basis for the exercise of this power by either level of government, the author studied the constitutional restrictions on its use, and determined the following restrictions : 1. For the federal government and the government of the province of Quebec, only : section 133 of the Constitution Act, 1867 which is also an entrenched provision providing minimum rights. 2. For the province of Manitoba only : section 23 of the Manitoba Act, 1870 which is also an entrenched provision providing minimum rights. 3. For the province of New-Brunswick, only : sections 16(2), 17(2), 18(2), 19(2) and 20(2) of the Constitution Act, 1982. 4. For all provinces, subject to the present inapplicability of section 23(1) a) of the new charter concerning the province of Quebec : section 23 of the Constitution Act, 1982. 5. For all provinces and for the federal government : section 16(3) of the Constitution Act, 1982, section 15(1) which recognizes the right to equality, and 2b) which recognizes the freedom of expression. Finally the author studied the implications of the reasonable limits' provision outlined in section 1 of the new charter, this constituting the only means for our governments to avoid the application of the charter to their legislation.
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Buck, Christopher. "Bahá’u’lláh as “World Reformer”." Journal of Baha’i Studies 3, no. 4 (1991): 23–70. http://dx.doi.org/10.31581/jbs-3.4.2(1991).
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Vindicating the mission of the Persian reformer known as the Báb (d. 1850) Bahá’u’lláh’s Book of Certitude (1862) focused on spiritual authority from an Islamic perspective. In this work, a subtext may be discerned, in which Bahá’u’lláh intimates his own mission in the same terms of reference. Later, in his epistles to the monarchs of Europe and West Asia (1866–1869), Bahá’u’lláh exercised that authority and spoke of world reform. This article places Bahá’u’lláh in the context of Islamic reform, with particular reference to the advocacy of constitutional democracy by prominent Iranian secularists. In an ideological ether pervaded by “Westoxication,” Bahá’u’lláh sought to reverse the direction of Western influence. Bahá’u’lláh prosecuted his own reforms in three stages: Bábí reform; Persian reform; and world reform. In the centrifugal sequence, Bahá’u’lláh is shown to have bypassed Islamic reform altogether in his professed role as “World Reformer.”
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Currie, David P. "The Constitution in Congress: The Public Lands, 1829-1861." University of Chicago Law Review 70, no. 3 (2003): 783. http://dx.doi.org/10.2307/1600660.
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Leonard, G. "The Constitution in Congress: Democrats and Whigs, 1829-1861." Journal of American History 93, no. 1 (June 1, 2006): 205. http://dx.doi.org/10.2307/4486107.
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Dashevskaya, Zoya M. "THE FORMATION OF THE HISTORICAL AND LITURGICAL RESEARCH AREA IN RUSSIAN ACADEMIC SCHOLARSHIP IN THE LATE 19TH – EARLY 20TH CENTURY. A COMPARATIVE ANALYSIS OF METHODOLOGICAL APPROACHES OF N.V. POKROVSKY AND I.A. KARABINOV." RSUH/RGGU Bulletin. Series Political Sciences. History. International Relations, no. 1 (2021): 30–49. http://dx.doi.org/10.28995/2073-6339-2021-1-30-49.
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n the second half of the 19th century – especially in the period following the introduction of the Academic Constitution of 1869, and in the 1880s and continuing until the forced closure of Theological Academies after the Revolutionary coup – the historical and liturgical research area in Russian academic science experienced a period of its formation and flourishing. The subject of the article is a comparison of approaches to the study of the worship service history and analysis of the formation of the research methodology for teaching Liturgics by professors N.V. Pokrovsky and I.A. Karabinov of the St. Petersburg Theological Academy, where they taught the history of Christian worship from the 1880’s until its forced closure in 1918. Analysis and juxtapos- ing of academic courses in Liturgics allows defining the boundaries and content of the discipline in the period of its formation as well as considering the evolu- tion in research methodology and, more broadly, the formation of the Russian historical and liturgical scientific school. A comparison of the courses reveals the authors attitudes towards histori- cal sources material and its studies. Their own ideas about the provenance of various rites used in church worship characterize their views on the develop- ment of the liturgical tradition, expressing their approaches to its study and thereby form our picture of the establishment of historical Liturgics as a field of researchable knowledge.
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Protic, Milan. "The Serbian Radical movement 1881-1903: A historical aspect." Balcanica, no. 36 (2005): 129–49. http://dx.doi.org/10.2298/balc0536129p.
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Focusing on the initial stage (until 1903) of the Serbian Radical movement the paper attempts to delineate and explicate the main phases of its political maturation. In its initial stage Serbian Radicalism passed through several significant phases. The earliest phase (1869-80) may be named the period of rudimentary Radicalism. The movement was unorganized and oscillated between the ideas of socialism, anarchism and peasant democracy. The year 1881 saw the founding of the Radical Party as the first organized political party in Serbia with its own internal structure and programme. It opened the second phase, known as a period of militant Radicalism (1881-86) marked by its organized and uncompromising opposition to the existing system and the personal regime of king Milan Obrenovic, culminating in the Timok rebellion in 1883. The period of pragmatic Radicalism (1886-94) saw a recuperation and reorganization of the movement, its inclusion as a legitimate political force into the existing order, the passing in 1888 of a new constitution predominantly influenced by Radical political views and the Party?s first compromises with other factors on the domestic political scene. Finally, there was a period of overpowered Radicalism (1894-1903). Without abandoning their fundamental ideological tenets, the Radicals were forced to make some serious political compromises and moderate their political programme in order to remain in the race for power.
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Filipowicz, Marcin. "Czech Memory of Austrian Constitutional Changes, 1860–1861." Acta Poloniae Historica 108 (January 31, 2013): 93. http://dx.doi.org/10.12775/aph.2013.108.04.
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Dhondt, Frederik. "Rogier versus Jottrand: dure beledigingen in de Belgische opiniepers (1861-1863)." Pro Memorie 23, no. 1 (January 1, 2021): 79–109. http://dx.doi.org/10.5117/pm2021.1.005.dhon.
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Abstract The Belgian Constitution guaranteed political liberty, exemplified by the mandatory competence of the jury for judging political and press offences. However, the constitution did not literally mention quasi-delicts. In 1861, liberal statesman Charles Rogier was insulted by the ultramontanist Catholic newspaper Le Journal de Bruxelles. He sued the newspaper’s printer under tort law, and obtained a considerable amount of damages, bypassing the jury. Progressive radical lawyer Lucien Jottrand, former member of the Constituent Assembly, argued at length that the constitution exclusively reserved competence for both civil and criminal liability to the jury. The Brussels Court of Appeal and the Court of Cassation rejected this reasoning and insisted on the superior natural law-origins of tort law. Yet, this decision created a risk of private censorship, well documented in the press and in private archives on the legal battle around the Journal de Bruxelles.