Journal articles on the topic 'Constitutional studies'
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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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Kaplan Arık, Aslıhan. "Anayasa Değiştirme İktidarının Kötüye Kullanılmasını Önlemeye Yönelik Anayasa Değişikliği Usulünün Farklılaştırılması." International Journal of Social Sciences 7, no. 28 (May 9, 2023): 280–92. http://dx.doi.org/10.52096/usbd.7.28.20.
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Constitution-making powers impose limitations on their power to amend the constitution in the constitutional texts they prepare. These limits are intended to prevent the differentiation or abolition of the basic philosophy of the constitution and the constitutional order established by the power to make the constitution. These limits, which are brought in order to prevent the constitutional amendment powers from making changes other than their purpose, are realized by further protecting the principles and values that are given special value in the constitutions of some countries and that constitute the basic philosophy of the constitution. In other words, some provisions that constitute the basic principles and values of the constitution are subject to a different amendment procedure compared to other provisions of the constitution. This differentiation procedure includes additional conditions such as a qualified majority, a referendum, or the passage of a certain period of time in the amendment process. In this study, the differentiated constitutional amendment procedure and whether these procedures have an effect on the abuse of constitutional amendment power have been examined. Keywords: Constitutional amendment power, constitutional amendment procedure, differentiated constitutional amendment procedure, abuse of constitutional amendment power.
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Lazutin, L. A., and M. A. Likhachev. "Human Rights: Integrity of the Russian and International Law, Competition of Courts Decisions." Moscow Journal of International Law, no. 3 (October 9, 2021): 31–44. http://dx.doi.org/10.24833/0869-0049-2021-3-31-44.
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INTRODUCTION. The amendments to the Russian Constitution 2020 challenged de novo the international law prevalence and led the Russia’s way to find it own perception of international law. Although the amendments did not introduce drastically substantive modifications of the international law modus operandi in the national legal system nevertheless they shifted the constitutional focus. The former one was built on the presumption of the juridical consistency of the constitutional order and Russia’s international commitments. Today there’s the a priori allegation of possible conflicts between requirements of the Constitution and judgment of international courts.MATERIALS AND METHODS. The paper comprises short historical analysis of the internationally meaningful rules of the Constitution in its comparison to the current legal situation in Russia. Rather superficial but illustrative juridical overview of the relevant constitutional provisions with their domestic legal counterparts demonstrates the significance and practical efficiency of the concomitant interpretation of the constitutional rules and Russia’s international obligations.RESEARCH RESULTS. Such a shift paradigmatically is still pending new interpretation of the constitutional fundamentals. At least they need different construction to be concomitant to the refusal mechanism (as regards international judgments). Still unchanged verbatim the constitutional fundamentals provide for proliferated mechanism of the human rights protection under international las with in domestic order and still require the concordant interpretation of the international commitments and constitutional rules.DISCUSSION AND CONCLUSIONS. The modified constitutional landscape shifted drastically the international law priority in the Russian legal system. Although the international law leaves to the State’s choice to determine internally the status of its international commitments the constitutional fundamentals (left untouched verbatim) still require international law priority. The constitutionally enclosed human right protection mechanism emphasizes such priority.
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Yu, Wenjun, Mingyue Ma, Xuemei Chen, Jiayu Min, Lingru Li, Yanfei Zheng, Yingshuai Li, Ji Wang, and Qi Wang. "Traditional Chinese Medicine and Constitutional Medicine in China, Japan and Korea: A Comparative Study." American Journal of Chinese Medicine 45, no. 01 (January 2017): 1–12. http://dx.doi.org/10.1142/s0192415x1750001x.
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Traditional Chinese medicine (TCM), Japanese–Chinese medicine, and Korean Sasang constitutional medicine have common origins. However, the constitutional medicines of China, Japan, and Korea differ because of the influence of geographical culture, social environment, national practices, and other factors. This paper aimed to compare the constitutional medicines of China, Japan, and Korea in terms of theoretical origin, constitutional classification, constitution and pathogenesis, clinical applications and basic studies that were conducted. The constitutional theories of the three countries are all derived from the Canon of Internal Medicine or Treatise on Febrile and Miscellaneous Diseases of Ancient China. However, the three countries have different constitutional classifications and criteria. Medical sciences in the three countries focus on the clinical applications of constitutional theory. They all agree that different pathogenic laws that guide the treatment of diseases govern different constitutions; thus, patients with different constitutions are treated differently. The three countries also differ in terms of drug formulations and medication. Japanese medicine is prescribed only based on constitution. Korean medicine is based on treatment, in which drugs cannot be mixed. TCM synthesize the treatment model of constitution differentiation, disease differentiation and syndrome differentiation with the treatment thought of treating disease according to three categories of etiologic factors, which reflect the constitution as the characteristic of individual precision treatment. In conclusion, constitutional medicines of China, Japan, and Korea have the same theoretical origin, but differ in constitutional classification, clinical application of constitutional theory on the treatment of diseases, drug formulations and medication.
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Dale, Elizabeth. "Law and History: The Garden and the Wilderness as Constitutional History." Church History 79, no. 4 (November 26, 2010): 881–86. http://dx.doi.org/10.1017/s0009640710001083.
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In history, perspective is everything. Given that, I should make it clear from the start that I approached Mark deWolfe Howe's history of the First Amendment and church–state relations as a historian who studies constitutions and constitution-making, and more specifically as a historian of constitutions who has written about how and why we do constitutional history. Viewing it from that perspective, I must admit I have mixed feelings about this book.
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Romeo, Graziella. "The Conceptualization of Constitutional Supremacy: Global Discourse and Legal Tradition." German Law Journal 21, no. 5 (July 2020): 904–23. http://dx.doi.org/10.1017/glj.2020.50.
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AbstractThis Article argues that a) constitutional supremacy is affected by the legal tradition, which implies that it is a concept largely shaped by the legal context in which it is elaborated, and b) the common law version of constitutional supremacy determines a sort of cultural resistance to constitutional imperialism. In making its argument, this Article begins with the doctrine of sources of law with a view to unpack its operational logic within the common law and, therefore, to understand how the supremacy of constitutions is conceptualized. It then examines the embryonic conceptualization of constitutional supremacy in the British legal culture by addressing the “constitutional statutes.” It goes on to analyse how constitutional supremacy is safeguarded in jurisdictions that are affected by the British tradition and equipped with written constitutions, to show how constitutions concretely established themselves as supreme laws without neglecting the relevance of traditions pre-dating the constitutional texts. It then shows how the common law finds its way to be applied alongside or even instead of the constitution. Eventually, this Article offers some conclusions as to the implications of such a conceptualization of constitutional supremacy for comparative and global constitutional studies.
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Aikyo, Koji. "The British Constitution in Japanese Constitutional Studies." King's Law Journal 26, no. 2 (May 4, 2015): 213–28. http://dx.doi.org/10.1080/09615768.2015.1072983.
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Рудман, Марк Наумович, and Артур Разимович Туриянов. "FORMATION OF A PARLIAMENTARY MODEL OF CONSTITUTIONAL CONTROL IN THE BASIC LAWS OF THE USSR OF 1924 AND 1936." Rule-of-law state: theory and practice 18, no. 4(70) (January 19, 2023): 12–22. http://dx.doi.org/10.33184/pravgos-2022.4.2.
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The article studies the features of fixing the legal mechanism of constitutional control in the first two constitutions of the USSR. The analysis is based on the study ofthe approaches taken by wellknown legal scholars during the drafting of these constitutional acts, as well as the views of modern Russian constitutionalists on the essence and national specificity of the implementation ofthe ideas of constitutional control as an integral part of thesystem of constitutional governance. On the basis of a comparative legal analysis, the article reveals the evolution of the mechanism of constitutional control from judicial control in the Constitution of the USSR of 1924 to formal parliamentary control in the Constitution of the USSR of 1936. While recognizing the importance of the institution of constitutional controlas a necessary element of constitutional governance, the authors conclude that the single-party political regime in the USSR had a destructive effecton the very idea of constitutional governance. Despite attempts to create Soviet constitutionalism as a universal way of involving society in social construction, the influence of party power negated the meaning ofthe Soviet Constitution. The formalization of the content of constitutionalism and federalism under the Soviet state regime contributed to a complete loss ofthe importance of constitutional justice in the USSR of the pre-war period.
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Ray, Clyde. "John Marshall, Marbury v. Madison, and the Construction of Constitutional Legitimacy." Law, Culture and the Humanities 15, no. 1 (May 27, 2016): 205–26. http://dx.doi.org/10.1177/1743872116650867.
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This study considers Chief Justice John Marshall’s famous opinion in Marbury v. Madison (1803) as a vehicle for investigating contemporary interpretations of both John Marshall and the concept of constitutional legitimacy. In it, I examine how Marshall’s opinion located legitimacy in several aspects of the Constitution, including its protection of rights, its embodiment of the consent of the governed, and its ability to organize and direct national politics. Thus, I suggest that Marshall offers a more comprehensive theory of constitutional legitimacy than many recent conceptualizations. Yet more than simply uniting existing approaches to constitutional legitimacy, I demonstrate that Marbury offers a unique theory of the Constitution’s moral legitimacy as well. This analysis of Marbury invites a new appraisal of Marshall as not only a legal and political thinker, but also a constitutional theorist with a distinctive understanding of the American Constitution and its role in the early years of the republic.
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Butt, Simon. "CONSTITUTIONAL RECOGNITION OF “BELIEFS” IN INDONESIA." Journal of Law and Religion 35, no. 3 (December 2020): 450–73. http://dx.doi.org/10.1017/jlr.2020.39.
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AbstractConstitutionally, Indonesia is a state “based on Almighty God,” but the Constitution does not specify any religions or belief systems. This is left to statute, which establishes six official religions that the state supports and helps administer: Islam, Protestantism, Catholicism, Hinduism, Buddhism, and Confucianism. But Indonesia is home to a rich kaleidoscope of other beliefs (kepercayaan), ranging from indigenous practices predating the arrival of many of the official religions to new age spiritual movements. The constitutional status of these beliefs is contentious, and their followers have long complained of government discrimination, primarily in matters of civil registration services, education, and employment. This reinforces the view, propounded by some adherents to official religions, that beliefs are inferior to official religions. This view, in turn, perpetuates the socioeconomic and cultural marginalization of belief-holders. In 2017, Indonesia's Constitutional Court was asked to examine the constitutional status of these beliefs. Its decision appears to constitutionally recognize these beliefs; accordingly, it has been heralded as an advance for religious freedom in Indonesia. Indeed, it has spurred limited administrative reforms to remove discrimination in several parts of Indonesia. But the Court's decision is muddled and inconsistent. It does not clearly establish that beliefs enjoy the same level of constitutional protection as do religions—if they are, in fact, constitutionally protected at all. The likely result is continuing faith-based discrimination and marginalization in Indonesia.
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Borbor, Dariush. "A Comparative Overview of the Iranian Constitutions of 1906-07 and 1979." Iran and the Caucasus 10, no. 2 (2006): 263–86. http://dx.doi.org/10.1163/157338406780345943.
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AbstractThe history and the essential and important articles of the constitutional laws of Iran and its immediate neighbours are elucidated and compared. The article includes an analytical comparison of the 1906-07 and 1979 Constitutions of Iran. A brief analytical synoptic overview of world constitutions is also presented in order to obtain a balanced view of the process of constitutionalism and popular suffrage for men and women.In 1979, the Islamic Republic of Iran became the first country in the world to include a declaration for the preservation of the environment in its Constitution.Having compared the 1906-7 Constitution of Iran with a good number of others, it is very evident that the transformation of an autocratic monarchy into a constitutional one was in itself a great leap forward, at a time, when most of the world still lived under dictatorship.In Iran, a number of civil institutions have played their role for a whole century thanks to the 1906-07 Constitution, though far from perfect, nevertheless more or less accepted and functioning. These include a hundred years of direct parliamentary elections, and several years of presidential, municipal and other popular suffrage.The propagation of the 1906-07 Constitutional Movement of Iran has been paramount; it had greatly influenced the awakening of many other peoples of the neighbouring and regional countries. The 1908 re-institution of parliament in the Ottoman Empire, the 1911 Chinese Revolution, and the 1917 Revolution in Tzarist Russia were undoubtedly influenced by the Constitutional Movement of Iran.
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Tripathi, Neha, and Anubhav Kumar. "The Constitutional Struggle for Religious Freedom: A Comparative Study of India and Indonesia." Constitutional Review 8, no. 1 (May 31, 2022): 1. http://dx.doi.org/10.31078/consrev811.
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Constitutions tend to regulate the relationship between religious and state authorities. Before the rise of the modern state, it was difficult to make proper distinctions between law, religion and morality. With the emergence of Western liberalism, the concept of democracy and secularism gained newfound attention, becoming ingrained and in tune with modern constitutional frameworks. Establishing the relationship between state and religion is a thorny issue for constitution-makers. Opponents of constitutional recognition of religion view religion as a private matter, relating to personal beliefs and conscience. This paper studies the comparative constitutional frameworks of India and Indonesia in relation to the right to religious freedom. As vibrant democracies comprised of ethnically diverse populations, both India and Indonesia grapple with issues concerning religious majorities and minorities. In India, Hindus are the majority, then Muslims, Christians, Sikhs and Buddhists; whereas in Indonesia, Muslims are the majority, then Christians, Hindus and Buddhists. Both India and Indonesia have ratified the International Covenant on Civil and Political Rights. The judgments of the constitutional courts in these countries have prompted constitutional law scholars to analyze the status of constitutionally recognized freedom of religion and its enforceability. This article first studies the relationship between state and religion in the contemporary sphere, thereby engaging in a comparative study of the formation of constitutional provisions in relation to religious freedom in India and Indonesia. Second, it aims to establish the importance of religious freedom within a constitutional framework. Third, it will discuss the issues surrounding recognition and enforcement of religious freedom in India and Indonesia, as well as providing an analysis from the perspective of majoritarianism and religious intolerance. Fourth, it will analyze landmark judgments of the constitutional courts of India and Indonesia in formulating and establishing the basic tenets of religious freedoms in the two nations. The role of the judiciary and governmental institutions in dealing with issues of religious freedom remains a central question in democratic countries such as India and Indonesia. Keeping in mind the need for a more holistic study and contributing to the literature in this area, the authors will present a comparative analysis of religious freedom in both these nations for nuanced understanding of religious rights and their interplay with the respective constitutions.
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Martinborough, Alex. "Debating Settler Constitutionalism: Consent, Consultation, and Writing a Transatlantic Debate, 1822–1828." Canadian Historical Review 102, no. 1 (March 2021): 27–52. http://dx.doi.org/10.3138/chr-2019-0018.
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In 1822, Robert Wilmot, the undersecretary of state for the colonies, introduced a bill to unite Upper and Lower Canada in the British House of Commons. In doing so, he was proposing not just an intercolonial union but a new constitution. He believed that because the Canadas’ constitution was granted by an Act of Parliament in 1791 it could be changed by Parliament without colonial consultation or consent. Whig parliamentarians and colonists contested this interpretation and raised questions about consent and the status of colonial constitutions. These debates in the 1820s reveal just how muddied thinking about colonial constitutions and consultation had become. Lower Canadian opposition to the bill has received significant attention from historians, yet this attempt at constitutional change also forced Upper Canadians to take unexpected positions, including interpreting the 1791 act as a written charter. Through these transatlantic debates, they were continuing to fashion a settler interpretation of British constitutionalism. This article traces these ideas by examining the movement of news and rumours through emerging, intertwined colonial and imperial public spheres, which illustrate the permeability of the line between public and private information. Inserting this failed constitution-writing effort into the longer history of Canadian constitutions sheds light on the limits to imperial intervention and encourages a broader rethinking of Canadian constitutional histories and the role of empire in a long nineteenth century.
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Chandranegara, Ibnu Sina. "Architecture of Indonesia's Checks and Balances." Constitutional Review 2, no. 2 (February 6, 2017): 270. http://dx.doi.org/10.31078/consrev226.
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Research on "checks and balances" in legal studies often raises high quality questions such as, is the checks and balances a doctrine, principle, or legal theory, or maybe precisely the formula of power in politics. History has been recorded that in any discussions regarding the formation of the constitutional separation, division and smelting power is something that is popular to be discussed before and even after becoming the constitution. Therefore, the casting of checks and balances into the constitution is an interesting study to determine the portion and posture. This study used using legal normative methodology. In addition, comparative studies on constitution was conducted using classic and modern constitutional law literature. Several approaches were used on this research such as, historical, political, economical approach on understanding the practice on checks and balance which stated in constitutions in some countries.
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Klochkova, S. V., I. V. Pogonchenkova, E. A. Rozhkova, N. T. Alexeeva, D. B. Nikityuk, and A. G. Kvaratskheliya. "Features of the Fat Component of the Body of Girls Depending on the Constitutional Specifics." Journal of Anatomy and Histopathology 7, no. 2 (July 3, 2018): 34–38. http://dx.doi.org/10.18499/2225-7357-2018-7-2-34-38.
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The aim of the study is to obtain quantitative data on the absolute and relative content of the body fat component in girls of different constitutional groups living in the Moscow region. Material and methods. The content of body fat in 722 girls, students, residents of Moscow and Moscow region, representatives of the Slavic ethnos was determined by the method of bioimpedance measurements. Thickness of subcutaneous fat folds was determined by the method of caliperometry. The result of the anthropometric survey identified the presence of asthenic, stenoplastic somatotype (leptosomic constitution), endomorph, mesoplastic somatotypes (mesosomic constitution), athletic, subatellite and europlastic somatotypes (megalosomic constitution). Results. In the studied population, regardless of age, is dominated by girls mesosomic (32.5-39.0%) and megalosomic (31.5-33.3%) groups, several less commonly detected women leptosomic (the 18.6-24.3%) and unspecified (9.1-11.7%) of the constitutions. Thickness of subcutaneous fat folds is dominated by girls mesosomic constitution, and has a minimum value when leptosomic. The absolute content of the fat mass is also smaller when leptosomic constitution. In 20 years the thickness of subcutaneous fat folds, as well as the absolute content of body fat mass in mesosomic, megalosomic and uncertain constitution mainly increases, and the girls leptosomic body almost does not change. Conclusion. The studies have shown a significant impact of the constitutional affiliation of girls on the severity of their fat component, which was proved by both caliper measurement and as a result of bioimpedance studies. Age-related changes in the fat content of the body are also associated with the constitutional type.
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Matat, A. "THE JUSTIFICATION OF CONSTITUTIONAL PRINCIPLES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 54–58. http://dx.doi.org/10.17721/1728-2195/2021/2.117-10.
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This paper deals with the study of the justification of constitutional principles as a fundamental category of constitutional law. Legal principles are an important conception in the legal doctrine and the legal practice of democratic countries. Ukrainian legal doctrine studies legal principles in the two paradigms, namely fundamental principles and general principles. However, this approach does not result in the understanding of principles in constitutional law. That is why principles in constitutional law are an actual topic. The article aims to examine the fundamental concepts to find the justifications of constitutional principles. Hence, the author pays attention to the content of constitutional law and constitutionalism as principles-based categories. First, constitutional law is a fundamental part of the law in the legal system, and all the parts of the law are dependent on constitutional law. Second, the universal constitutional principles are the same for all legal systems. After all, constitutionalism doctrine consists of the limitation of power, and nowadays, this is expressed through the constitution and different constitution principles. The author uses comparative legal, phenomenological, and system-structural analysis as a valid methodology for this research. Finally, the research investigation contains the following conclusions that enable the author to prove the motivation of the science paper to study the outlined topic. First, constitutional law is the basis of the legal system, which embodies constitutional principles; constitutional law has the same effect on public law and private law. Second, constitutionalism is a source for finding constitutional principles. Third, the system of constitutional principles includes the following characteristics: universality and specificity. The system of constitutional principles is open and depends on the interpretation of constitutions. The paper aims to contribute to the growing research highlighting the current issues of constitutional principles. Keywords: principles, constitutional principles, constitutional law, constitutionalism, the system of constitutional principles.
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Tarzi, Amin. "Islam and Constitutionalism in Afghanistan." Journal of Persianate Studies 5, no. 2 (2012): 205–43. http://dx.doi.org/10.1163/18747167-12341244.
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Abstract A constitution is adopted to regulate the relationship between political authorities and the people in a society. Traditionally, this relationship was very loose in Afghanistan; over time, however, as amirs sought to consolidate political and social authority over their society, the establishment of a constitutional framework became a priority for each new leader. This article chronicles Afghanistan’s state formation and constitutional history, beginning with Amir Dust Mohammad Khan’s state consolidation efforts in 1838, and considering all of the constitutions of the country beginning in 1923 continuing to the present. It details the central role both Islam and Afghanistan’s ethno-sectarian diversity have played in constitutional efforts throughout Afghanistan’s history and emphasizes the need for both to ensure a representative, inclusive society in Afghanistan.
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Jabeen, Shagufta, and Wasima Shehzad. "Interface Between National Ideologies and the Constitution of Pakistan." International Journal of English Linguistics 8, no. 5 (May 23, 2018): 106. http://dx.doi.org/10.5539/ijel.v8n5p106.
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Language of State Constitutions has mainly been studied from generic, linguistic, stylistic, and discursive perspectives, however, analyzing the same from ideological view point hasn’t caught the eye or preference of most studies in general and in Pakistan in particular. The paper, with democratic concerns, concentrates on analyzing the presence of ideologies in the Constitution of Pakistan. It is exploratory in nature and analyzes genre of the Constitution of Pakistan (1973) to find out to what extent the constitution is loaded with ideological concepts and that what are the foci of such ideologies. It also delves into how ideologies are clothed in linguistic manifestation to form national views towards religion, politics, gender, power, education, rights, obligations, defense and various other “fields” and thus bring about socio-political effects. Genre analytical studies have taken a complete new turn after the introduction of elements of criticality and ideology, as in this paper. Precisely, the paper focuses on presence of ideologies in the text of the current Constitution of Pakistan and groups them under “fields of ideologies” which characterizes the constitutional genre under study. The study concludes by drawing attention to strong links between education and constitution which may be utilized to bring positive change in the society. The findings may potentially encourage similar CGA studies on constitutional genres and ideologies, around the globe.
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Favoreu, Louise. "La justice constitutionnelle en France." Les Cahiers de droit 26, no. 2 (April 12, 2005): 299–337. http://dx.doi.org/10.7202/042667ar.
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The 1958 Constitution provided France with a constitutionally based system of justice and although this had been contrary to French traditions — and consequently apprehended at that time — the system has progressively developed and become one of the main elements of the French constitutional regime and at the same time, one of its most dynamic and appreciated components. This article presents the French Constitutional Council: its status, composition and operations. It maps out areas in which this body has had to intervene and, above all, it analyses the jurisprudence of the Council and notes that its most impressive contribution lies in the field of the constitutional review of laws and its main objective, basic personal freedoms. The conclusion of this study is that French constitutional law has undergone radical modifications under this system and that in the future, it has become a fertile ground for comparative studies for the Canadian jurist due to the constitutional review of laws in the name of personal freedoms.
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Artola, Miguel. "Constitution and chart as constitutional patterns." Revista de História das Ideias 9, Tomo III (1987): 869–77. http://dx.doi.org/10.14195/2183-8925_9-3_11.
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Dawson, Mark, and Daniel J. Young. "Presidential Tenure and Constitutional Provisions: Recent Evidence from Central Africa." Africa Spectrum 55, no. 3 (December 2020): 272–90. http://dx.doi.org/10.1177/0002039720980457.
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Constitutions around Africa have been repeatedly tested on the issue of presidential term limits. We explore the four most recent cases of African presidents facing the end of their constitutionally mandated limit, all of which developed in Central Africa. Burundi, Rwanda, the Republic of Congo, and the Democratic Republic of Congo all adopted constitutions limiting presidential tenure to two terms; yet, in 2015, when these limits were approaching, none of the sitting presidents simply stood down. Our analysis focuses on the constitutional provisions meant to protect the two-term limit, the strategies employed by each of the four presidents, and the difficulty they faced in pursuing extended tenure. We find that constitutional provisions do constrain, but not always to the expected degree. Our analysis adds a consideration of a foundational constitutional factor to the growing literature on term limits in Africa, with implications for other regions of newly developing democracies.
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Li, Ling, and Wenzhang Zhou. "Governing the “Constitutional Vacuum” – Federalism, Rule of Law, and Politburo Politics in China." China Law and Society Review 4, no. 1 (November 21, 2019): 1–40. http://dx.doi.org/10.1163/25427466-00401001.
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By focusing on the underlit corners of authoritarian governance in China, this article challenges the thesis that constitutions matter to authoritarian regimes because they provide solutions for problems of governance. We argue to the contrary: the constitution appeals to the Chinese Communist Party (the Party or the ccp) because it does not provide solutions to fundamental issues of governance. Instead, such issues are kept out of the constitution so that they can be addressed by the Party through other regulatory mechanisms outside of the constitutional realm. In support of our thesis, we provide a unique review of the most up-to-date authoritative research on three key constitutional issues: central-local relations, party-state relations and power relations in the Politburo. These three issues correspond to three distinctive fields in China studies that were treated only in isolation but here we consider them together under the single framework of authoritarian constitutional governance.
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Ponkin, I. V. "To the question of the necessary constitutional design for Russia of its public order and power." Voprosy kul'turologii (Issues of Cultural Studies), no. 9 (September 30, 2022): 758–67. http://dx.doi.org/10.33920/nik-01-2209-05.
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The article is devoted to the issues of due measure in the constitutional design of the structure of the Russian state. The article deals with the issues of the sovereignty of the definition of the constitutional order and the meaning of the mention of the word “God” in the Constitution.
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Vorster, Nico. "A Theological Evaluation of the South African Constitutional Value of Human Dignity." Journal of Reformed Theology 1, no. 3 (2007): 320–39. http://dx.doi.org/10.1163/156973107x251003.
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AbstractOne of the key objectives of the South African constitution is to create a sovereign democratic state founded upon human dignity. The South African Constitutional Court relies mainly on the classical, liberal view of human dignity to give judicial content to the constitutional value of human dignity. This article compares the South African constitutional concept of human dignity with a Reformed-Christian perspective. It identifies shortcomings in the South African constitutional understanding of human dignity, and indicates how a Christian perspective on human dignity offers a more philosophical and judical substance to human dignity.
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Green, M. Christian. "Religious and Legal Pluralism in Recent African Constitutional Reform." Journal of Law and Religion 28, no. 2 (January 2013): 401–39. http://dx.doi.org/10.1017/s0748081400000096.
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Something unexpected has been happening in Africa—and not just Northern Africa, the locus of democratic revolutions since January 2011, when a winter's discontent produced an early Arab Spring. Over the last several years, several sub-Saharan African nations have held democratic elections, produced new constitutions, and even partitioned themselves in relative peace, despite the often dire predictions of foreign governments, media, and election-monitoring organizations.In many cases, the constitution and reconstitution of these states has been accomplished by means of the referendum vote—sometimes viewed as the anti-democratic purview of special interests in the developed West, but having greater respect and utility as a tool of democracy in the developing South. Kenya produced a new constitution in 2010 by a referendum that has been lauded by international observers for its peaceful process and outcome. The Kenyan referendum followed general elections in 2007, whose results were marred by violence in early 2008. The nearby countries of Zambia and Tanzania are currently in the process of constitutional reform, drawing lessons from Kenya's unexpectedly harmonious proceedings. In all three countries, the constitutional review processes have raised, among other issues, questions of legal pluralism, religious freedom, and relations between the Christian majority and Muslim minority.
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Hirschl, R. "From comparative constitutional law to comparative constitutional studies." International Journal of Constitutional Law 11, no. 1 (January 1, 2013): 1–12. http://dx.doi.org/10.1093/icon/mos057.
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Kustra-Rogatka, Aleksandra. "Kontekst jest wszystkim. O trudnej sztuce komparatystyki „europejskiego” orzecznictwa sądów konstytucyjnych." Przegląd Konstytucyjny, no. 3 (2022) (October 31, 2022): 45–73. http://dx.doi.org/10.4467/25442031pko.22.021.16386.
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Context is Everything. On the Difficult Art of “European” Comparative Studies Jurisprudence of Constitutional Courts Comparative research of the case-law of constitutional courts concerning the membership of a given state in the EU (referred to in the article as “European” case-law of constitutional courts) requires taking into account various contexts in which this case-law is involved. The aim of this article is to indicate and analyze the most important of them, namely: the systemic context, the temporal context, the political context (including related problem of the politicization of the constitutional court), and the theoretical context. Moreover, the article draws attention to the necessity to contextualize “constitutional borrowings”, which acquires special meaning in connection with the perceived phenomenon of abuse of the “comparative argument”. Sometimes the distinguished contexts overlap, for example in the case of the temporal context and political context, but their separation allows for a better understanding of the complexity of comparative research on the European acquis constitutionnel. The specificity of this subject of legal-comparative research proves the correctness of the thesis that the contemporary constitutional comparative law must face several challenges. The first is the integration of the classical “horizontal” comparative method with the “vertical” dimension related to the influence of international and supranational norms on national constitutional systems. The second challenge is related to supporting an interdisciplinary approach to comparative constitutional law, which will take into account the perspective of social sciences, such as political science, sociology or history. The third challenge, then, is related to establishing the right balance between focusing on specific (not only) legal issues related to the analyzed issue and taking into account a broader vision of the directions of changes in European constitutionalism. The fourth challenge, in turn, concerns the popularization of the results of scientific research related to comparative studies of the “European” acquis constitutionnel. The last (and perhaps the most difficult) challenge facing the comparative research of “European” case law of constitutional courts is an attempt to answer the question to what extent this diverse jurisprudence conglomerate is a manifestation of the stability of constitutional law and the constitution, and to what extent it is a driving force for dynamic changes in contemporary public law.
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Nawas, Abu. "The Position and Authority of the Constitutional Court As Actors of Judicial Power." IBLAM LAW REVIEW 1, no. 2 (June 30, 2021): 157–68. http://dx.doi.org/10.52249/ilr.v1i2.32.
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The paradigm regarding the structure of state institutions underwent drastic changes since the constitutional reform from 1999 to 2002. For various reasons and needs, new state institutions were formed, although some institutions were abolished. One of the institutions formed is the Constitutional Court. The Constitutional Court is designed to be a guard and at the same time an interpreter of the Constitution through its decisions. In carrying out its constitutional duties, the Constitutional Court seeks to realize its institutional vision, namely the establishment of the constitution in the context of realizing the ideals of a state of law and democracy for the sake of a dignified national and state life. This vision becomes a guideline for the Constitutional Court in exercising its judicial power independently and responsibly in accordance with the constitutional mandate. The Constitutional Court work since its presence has been considered quite significant, especially in its contribution to maintaining the law and developing democracy.
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Zhukov, N. N. "Constitutional transition to democracy in Spain." Cuadernos Iberoamericanos 9, no. 2 (December 17, 2021): 96–109. http://dx.doi.org/10.46272/2409-3416-2021-9-2-96-109.
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In this article the author analyses formation of the country's constitutional legislation system. In the 20th century Spain experienced three different periods: the years of the Second Republic in 1931-1939, the Franco's dictatorship of 1939-1975 and the period of transition to democracy or, as it is called ‘constitutional transit' of 1975-1980, when the basic laws and regulations of democratic Spain were adopted. Each of these periods corresponded with fundamentally different lawmaking processes, based on different legal judicial norms that were strongly influenced by the peculiarities of the political situation in the country. This article examines the background of the creation of Spanish constitutions in a particular historical period, the domestic and international situation and its influence on the peculiarities of lawmaking process. The author studies the history of the constitutional documents' adoption, considers and examines their structure and content in a highly detailed way. The author scrutinizes not only the logic, but also the sequence and reasons for the adoption of all Spanish constitutional and legal acts, as well as their meaning and influence on the legal system of the state. The Fundamental Laws of Frankish Spain, as well as the Spanish Constitution of 1978, the Political Reform Act, the rulings of the Spanish Constitutional Court and other acts, the peculiarities of the transition process to democracy and the legal break with the Frankish epoch and its system of lawmaking are studied in the article. It is worth noting that, at a time when the exist opinions that the Spanish Constitution is outdated and needs reforming, the conclusion about its fundamental role for the peaceful transition to a new Spain at the end of the 20th century and its legal relevance is the issue of utmost importance.
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Krishnan, Anupama S., and K. K. Kailash. "Generations of Constitutional Studies." Studies in Indian Politics 9, no. 1 (May 27, 2021): 124–31. http://dx.doi.org/10.1177/2321023021999240.
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Mathews, Jud. "Günter Frankenberg’s Comparative Constitutional Studies: Between Magic and Deceit." German Law Journal 21, no. 2 (February 2020): 299–303. http://dx.doi.org/10.1017/glj.2020.5.
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AbstractConstitutions traffic in magic and deceit, argues Günter Frankenberg, promising freedom and democracy even as they underwrite the exercise of coercive power on a massive scale. Scholars should approach constitutions with a healthy skepticism, but, Frankenberg contends, most mainstream scholars are too credulous, especially regarding the claims of liberal constitutionalism. Comparative Constitutional Studies serves as his corrective to the perceived blind spots and predilections of mainstream comparative constitutional scholarship, and it gives attention to little-known constitutions, forgotten histories, and alternatives to liberal constitutionalism. It’s a rich, challenging, and valuable book, one that takes the reader to some off-the-beaten-track places and offers some new perspectives on well-studied landmarks. It does not, however, represent such a radical break from mainstream scholarship as the author supposes, both because the book’s own analysis, in practice, is not deeply unconventional, and because mainstream scholarship is more diverse than Frankenberg gives it credit for.
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Wawrzyniak, Jan. "Prawo europejskie a polska tożsamość konstytucyjna (aspekty prawno-polityczne)." Przegląd Konstytucyjny, no. 3 (2023) (September 2023): 25–42. http://dx.doi.org/10.4467/25442031pko.23.024.18743.
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The article’s research aims to answer whether constitutional identity (as well as numerous doctrinal studies concerning constitutional identity) may substantially help solve problems regarding the relationship between European law and national law. The article discusses the hypothesis that the identity and the studies multiply doubts and uncertainty rather than answer the pragmatic questions in constitutional law. The author deals with identity as a social construct and convention created by academics and constitutional courts. Identity belongs primarily to the dictionary of academic language. It is rarely used in normative acts, in particular in constitutional provisions. The constitutional identity seems to be also vague and controversial for the author. Nevertheless, studies on identity may – as the article suggests – realise at least one (constitutionally important) aim. It is a better self-consciousness of constitutional law scholars, which may help them – at the end of the day – to discuss the relationship between European law and national law in more and more precise terms.
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Hing, Vandanet. "The Contemporary Cambodian Constitutional Enforcement." Journal of Southeast Asian Human Rights 3, no. 1 (June 26, 2019): 39. http://dx.doi.org/10.19184/jseahr.v3i1.8406.
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Studies conducted on the constitutional law-making process have shown that public participation is a key element of the relationship between the government and its citizens, and legitimizes the whole process. The present paper discusses the relationship between the people and the government on the basis of the Cambodian Constitution, both de jure andde facto. As assessments, it takes the 1993 constitutional making process and the public’s participation thereto. This paper aspires to answer the following questions: firstly, how does the constitutional law-making process impact the exercise of constitutional rights in Cambodia, and, secondly, to what extent does public participation play a role in public affairs, especially insofar as the constitution and law making processes are concerned. It further suggests that the concept of meaningful public consultation on constitution and law making should be incorporated in the Cambodian Constitution.
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Salter, Alexander, and Glenn Furton. "Emergent politics and constitutional drift: the fragility of procedural liberalism." Journal of Entrepreneurship and Public Policy 7, no. 1 (March 12, 2018): 34–50. http://dx.doi.org/10.1108/jepp-d-17-00016.
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Purpose The purpose of this paper is to integrate classical elite theory into theories of constitutional bargains. Design/methodology/approach Qualitative methods/surveys/case studies. Findings Open-ended constitutional entrepreneurship cannot be forestalled. Constitutional entrepreneurs will almost always be social elites. Research limitations/implications The research yields a toolkit for analysing constitutional bargains. It needs to be used in historical settings to acquire greater empirical content. Need to be applied to concrete historical cases to do economic history. Right now it is still only institutionally contingent theory. Practical implications Formal constitutions do not, and cannot, bind. Informal constitutions can, but they are continually evolving due to elite pressure group behaviors. Social implications Liberalism needs another method to institutionalize itself! Originality/value Open-ended nature of constitutional bargaining overlooked in orthodox institutional entrepreneurship/constitutional economics literature.
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Nelson, Matthew J., Aslı Bâli, David Mednicoff, and Hanna Lerner. "From Foreign Text to Local Meaning: The Politics of Religious Exclusion in Transnational Constitutional Borrowing." Law & Social Inquiry 45, no. 4 (April 14, 2020): 935–64. http://dx.doi.org/10.1017/lsi.2019.75.
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AbstractConstitutional drafters often look to foreign constitutional models, ideas, and texts for inspiration; many are explicit about their foreign borrowing. However, when implemented domestically, the meaning of borrowed elements often changes. Political scientists and scholars of comparative constitutional law have analyzed the transnational movement of constitutional ideas and norms, but the political processes through which the meaning of foreign provisions might be refashioned remain understudied. Sociolegal scholars have examined the “transplantation” and “translation” of laws and legal institutions, but they rarely scrutinize this process in the context of constitutions. Drawing on an examination of borrowed constitutional elements in four cases (Pakistan, Morocco, Egypt, Israel), this article builds on research in comparative politics, comparative constitutional law, and sociolegal studies to provide a nuanced picture of deliberate efforts to import “inclusive” constitutional provisions regarding religion-state relations while, at the same time, refashioning the meaning of those provisions in ways that “exclude” specific forms of religious, sectarian, doctrinal, or ideological diversity. Building on sociolegal studies regarding the translation of law, we argue that foreign constitutional elements embraced by politically embedded actors are often treated as “empty signifiers” with meanings that are deliberately transformed. Tracing the processes that lead political actors to engage foreign constitutional elements, even if they have no intention of transplanting their prior meaning, we highlight the need for detailed case studies to reveal both the international and the national dynamics that shape and reshape the meaning of constitutions today.
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Pérez-Liñán, Aníbal, and Andrea Castagnola. "Judicial Instability and Endogenous Constitutional Change: Lessons from Latin America." British Journal of Political Science 46, no. 2 (September 4, 2014): 395–416. http://dx.doi.org/10.1017/s0007123414000295.
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Legal scholars frequently advocate institutional reforms to modernize the judiciary and promote judicial independence. However, constitutional reforms also offer an opportunity for politicians to reshuffle the high courts. The negative consequences of constitutional change for judicial stability are explored using an original database of Supreme Court and Constitutional Tribunal members in eighteen Latin American countries between 1904 and 2010. Because unobserved factors potentially explain constitutional replacement as well as judicial turnover, a two-stage event-history model has been employed. The analysis integrates two literatures, studies of constitution-making and studies of judicial politics. The results show that constitutional change is a significant cause of judicial instability and court manipulation, even after potential endogeneity has been taken into account.
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Suhariyanto, Didik. "Protection of Citizens' Constitutional Rights From The Authority of The President In Indonesia." Eduvest - Journal of Universal Studies 2, no. 12 (December 20, 2022): 2684–90. http://dx.doi.org/10.59188/eduvest.v2i12.692.
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The constitutional rights of Indonesian citizens have been regulated in the 1945 Constitution, that constitutional rights are the rights of citizens which include the right to live, the right to have a family and continue offspring, the right to self-development, the right to obtain justice and access to the same law, the right to personal freedom, the right to feel safe, the right to welfare, the right to participate in government, women's rights and children's rights. One of the efforts to safeguard the rights of citizens that have been protected by the 1945 Constitution of the Republic of Indonesia is the establishment of a state institution whose job is to handle all matters relating to constitutional rights in the country, namely the Constitutional Court. The 1945 Constitution gives limited authority to the Constitutional Court to examine laws passed by the president against the constitution. By using normative legal research methodology and literature studies and using a conceptual approach (conceptional approach). This research will discuss the protection of citizens' constitutional rights from the president's authority in forming PERPU which is subjective. The result of this research is that efforts to protect citizens' constitutional rights can be carried out based on protection from the Constitutional Court as an institution that carries out a constitutional review of laws drafted by the president as well as restrictions on the president's authority in establishing PERPU.
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Fernando, Joseph M. "The Position of Islam in the Constitution of Malaysia." Journal of Southeast Asian Studies 37, no. 2 (May 15, 2006): 249–66. http://dx.doi.org/10.1017/s0022463406000543.
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The Federal Constitution of Malaysia states that Islam is the religion of the Federation. This provision in Article 3(1), inserted in 1957 when the independence constitution was framed, has drawn considerable scholarly attention in recent years. Most of the studies, however, have not been able to consult the primary constitutional documents. Invariably, many have given varied and ambiguous interpretations of the provision. This article examines the primary constitutional documents and constitutional debates between 1956 and 1957 to trace the origin of Article 3(1) and to determine the intentions of the framers in inserting this provision in the constitution.
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de Costa, Ravi. "Unfinished Constitutional Business: Rethinking Indigenous Self-Determination." Canadian Journal of Political Science 39, no. 4 (December 2006): 962–63. http://dx.doi.org/10.1017/s0008423906309961.
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Unfinished Constitutional Business: Rethinking Indigenous Self-Determination, Barbara A. Hocking, ed., Canberra: Aboriginal Studies Press, 2005, pp. 293.In the introduction to this collection of papers from a 2001 conference in Brisbane, Australia, the editor asks, “can indigenous peoples' experiences of colonisation reshape our constitutional language?” (xv). The contributions to the book reflect the breadth of indigenous experiences as well as the range of ways that many nation-states will have to revisit their constitutions in order to satisfy the goal of decolonization/self-determination. Indeed, the book requires us to rethink what we consider to be a constitution in the context of unresolved and highly unsatisfactory indigenous-settler relations. More than a document or series of political institutions, the book explores the many ways that colonial societies have been and remain constituted by non-indigenous assumptions and ideologies and considers whether and how these impair claims for indigenous self-determination.
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Ghaleb Yassin Farhan Matalak, Mohammed Abdulkreem Salim, Mohamed Hameed, Wissam Mohammed Hassan Algaragolle, Saad Ghazi Talib, Yusra Mohammed Ali, Emad Mohamed Saleh, Mohammed Suleiman, and Sabri Kareem Sabri. "IRAQI CONSTITUTION: ADVANCING THE DIALOGUE OF RELIGIOUS FREEDOM." European Journal for Philosophy of Religion 15, no. 1 (March 16, 2023): 425–40. http://dx.doi.org/10.24204/ejpr.2023.4120.
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The Iraqi constitution of 2005 grants freedom of religious thought, belief and practice for all religions. This study was also based on the premise that the constitutional rights are not adhered to in Iraq, even by government officials, which could be due to the absence of suitable legislations subsequent to the framing of the constitutional provisions. An analytical and descriptive research design was adopted for this study. Data was collected from primary and secondary sources through documentation research and evaluation of historical sources. The primary data comprised Articles of the Iraqi constitution, and a few national and international legal instruments related to religious freedom. Secondary data included empirical research studies, books, articles and other published sources. This study therefore took the form of an empirical legal research as it involved the issues of constitutional reforms in the field of religious freedom. A comparative approach was adopted in analyzing the documents about religion and politics related to both the Arab region and the West. The focus was on the measures that should be adopted to advance the dialogues of religious freedom and maintain religious neutrality in all government policies. The study found out that there were apparent contradictions between the constitutional provisions and the State Laws. Similarly, the Iraqi civil and penal codes remain silent regarding legal remedies for the violation of constitutional provisions.
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Pomeranz, William E. "Putin’s 2020 Constitutional Amendments: What Changed? What Remained the Same?" Russian Politics 6, no. 1 (March 30, 2021): 6–26. http://dx.doi.org/10.30965/24518921-00601002.
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Abstract Constitutional reform dominated Russia’s legal and political agenda in 2020. Starting with Putin’s January 15, 2020 state-of-the-nation address, the 1993 Yeltsin constitution was amended and substantially transformed to meet Putin’s immediate and more long-term political objectives. In the process a flawed but forward-looking document has been stripped of much of its liberal potential and instead been converted into a more traditional top-down system of governance. Putin did not just overturn the term limits on his presidency. He created a new power vertical (the unified system of public power), a stronger presidency, and a more subservient judiciary. Moreover, Putin’s amendments undermine the constitution’s internal consistency by introducing numerous contradictions into Russia’s founding law. In particular, while technically observing the constitution’s procedural requirements, he managed to downgrade Russia’s civil liberties—the highest value under the 1993 constitution—while elevating and expanding Russia’s social rights.
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Okuno, Hiroyuki. "Development of a cross-disciplinary constitutional learning program in junior high school social studies using ICT." Impact 2021, no. 2 (February 26, 2021): 25–27. http://dx.doi.org/10.21820/23987073.2021.2.25.
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A nation's constitution is of prime importance to its people as it sets out the fundamental principles a government must adhere to, as well as outlining the rights it must grant its people. A constitution's guarantee of human rights makes it essential for preserving liberty and, as such, it is important that society is informed about the constitution and the rights it affords them. That is why educational institutions should familiarise students with their respective nation's constitution. Dr Hiroyuki Okuno, Doshisha University, Japan, champions the development and implementation of new ways of teaching the Japanese constitution to students. He is developing a cross-disciplinary learning programme for junior high school students called the Constitutional Learning Programme that teaches the constitution using social studies that utilise ICT. His goal is to spark within students an active interest in the constitution and encourage them to play a role in the constitution in terms of expressing opinions and thinking deeply about liberty and human rights. The programme's format is flipped learning, with students acquiring knowledge ahead of time and later deepenging this understanding through interaction with peers and teachers. The use of e-learning is key here as Okuno wants students to learn at their own pace and believes this is facilitated by this style of learning, enabling students to take home ideas learned in the classroom and better familiarise themselves with these concepts independently.
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Okuno, Hiroyuki. "Development of a cross-disciplinary constitutional learning program in junior high school social studies using ICT." Impact 2021, no. 7 (September 14, 2021): 35–37. http://dx.doi.org/10.21820/23987073.2021.7.35.
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A nation's constitution is of prime importance to its people as it sets out the fundamental principles a government must adhere to, as well as outlining the rights it must grant its people. A constitution's guarantee of human rights makes it essential for preserving liberty and, as such, it is important that society is informed about the constitution and the rights it affords them. That is why educational institutions should familiarise students with their respective nation's constitution. Dr Hiroyuki Okuno, Doshisha University, Japan, champions the development and implementation of new ways of teaching the Japanese constitution to students. He is developing a cross-disciplinary learning programme for junior high school students called the Constitutional Learning Programme that teaches the constitution using social studies that utilise ICT. His goal is to spark within students an active interest in the constitution and encourage them to play a role in the constitution in terms of expressing opinions and thinking deeply about liberty and human rights. The programme's format is flipped learning, with students acquiring knowledge ahead of time and later deepenging this understanding through interaction with peers and teachers. The use of e-learning is key here as Okuno wants students to learn at their own pace and believes this is facilitated by this style of learning, enabling students to take home ideas learned in the classroom and better familiarise themselves with these concepts independently.
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Tymchenko, Leonid. "International Legal Norms in the System of the Ukrainian Constitution." Baltic Yearbook of International Law Online 15, no. 1 (July 29, 2016): 181–90. http://dx.doi.org/10.1163/22115897-90000065b.
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This article studies influence of international legal norms on the Ukrainian Constitution. Special attention is given to the provisions of Article 9 of the Constitution which regulates the implementation of international treaties in the legal system of Ukraine. The creation and main directions of activity of the Constitutional Assembly are analyzed. The author arrived at the conclusion that the main drawback of the current Constitution is the declarative nature of some constitutional provisions.
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Minko, N. "Methodology of comprehensive constitutional and legal assessment of the eurasian integration development of belarus." Vestnik of Polotsk State University. Part D. Economic and legal sciences 1, no. 5 (May 25, 2022): 109–14. http://dx.doi.org/10.52928/2070-1632-2022-60-5-109-114.
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The article presents the methodology of a comprehensive constitutional and legal assessment of the Eurasian integration development of Belarus. It is noted that the achievements of legal comparative studies, systemology, synergetics, axiology, socio-legal approach, risk-oriented approach, methods of legal modeling and forecasting can be used in conjunction with methods of identifying constitutional and legal meaning, interpretation of the provisions of the Constitution. The key aspect in the study is to take into account the methods of constitutional and legal regulation - appeal to constitutional principles (including those present in the Constitution eventually, and not only textually), awareness of the deep meaning of law; establishment of a balance of constitutional values; establishment and maintenance of a systemic relationship between normative provisions and normative complexes. Of particular importance for the study of constitutional aspects of integration development is the use of the principles of general scientific methodology.
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Jun Mawalidin. "KONSISTENSI KONSTITUSI INDONESIA DALAM PELAKSANAAN JUDICIAL REVIEW UNDANG-UNDANG." Politica: Jurnal Hukum Tata Negara dan Politik Islam 8, no. 1 (July 8, 2021): 43–63. http://dx.doi.org/10.32505/politica.v8i1.3073.
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The author in the observation of research studies on the constitusional court in Indonesia runs on the basis of government regulations and the 1945 constitution. The constitutional court, which was established since 2003, has proven its usefulnes and role in safeguarding the constitution and state ideology. All efforts and Ijtihad carried out by MK are solely for the sake of upholding social justice for all Indonesian people. The birth of the Indonesian constitution began during the independence period complied by the preparatory body for Indonesia’s independence efforts (BPUPKI). The existence of the Constitutional Court in revising a law or other government regulation is a force for society to fight and seek justice for regulations. The Constitutional Court has reviewed the laws governing its authority dozens of times the Constitutional court’s decision has left pros and cons. Judicial Review of laws in Indonesia can be carried out by the supreme court and the Constitutional court, however, the theory and laws are different.
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Hinghofer-Szalkay, Stephan G. "Empirical Legal Studies, Comparative Constitutional Law and Legal Doctrine: Bridging the Gaps." Review of Central and East European Law 43, no. 4 (November 17, 2018): 383–410. http://dx.doi.org/10.1163/15730352-04304002.
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This article looks into the viability of approaches to engaging in empirical comparative constitutional legal analysis. Quantifying the words contained in constitutions, while by no means irrelevant, can only be an element in this. Their actual importance according to case law and other empirical data highlights the need for caution in drawing far-ranging comparative conclusions from such quantifications for constitutional legal systems. It is argued that the key phenomenon driving these systems can be found elsewhere: In the paradigmatic concepts of a particular system of legal scholarship, other epistemic communities, or society at large. However, while this phenomenon can be empirically studied, any meaningful study necessitates intimate knowledge of legal scholarship as the meaning of communicative symbols involved can strongly diverge from the paradigmatic concepts of (other) social sciences. Central and East European (cee) constitutional legal systems can be of special interest in this regard due to both close similarities and considerable variations of both positive law and the paradigms of legal scholarship and political thought. Ultimately, an empirical analysis requires a holistic and systematic approach to understanding constitutional systems, including positive law and the paradigms driving it analyzed with quantitative as well as qualitative tools. Otherwise, the push for empirical comparative constitutional legal research may thwart its goal of accurately depicting the observable world, and, in the case of quantitative analyses, can run counter to the goal pursued.
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Chandranegara, Ibnu Sina, and Rantawan Djanim. "Managing Power Sharing of the State on Islamic Modern Society: a Case Study of Indonesia." JURNAL Al-AZHAR INDONESIA SERI HUMANIORA 5, no. 1 (March 30, 2019): 38. http://dx.doi.org/10.36722/sh.v5i1.330.
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<p class="Abstract"><em>Abstract </em><strong>- </strong><strong>On reasearch "checks and balances" in legal studies often raises high quality questions such as, does the checks and balances is a doctrine, principle, or legal theory, or maybe precisely the formula of power in politics. History been recorded, that in any discussions regarding the formation of the constitutional separation, division and smelting power is something that is popular to be discussed before and even after becoming the constitution. Therefore, the casting of checks and balances into the constitution especially on islamic modern society is an interesting study to determine the portion and posture. This study will use Indonesia legal system and its Islamic Society as case study and will be using legal normative methodoloy, on the other hand, comparative studies on constitution which will be conducted and using classic and modern constitutional law literature. Several approach will be use on this research such as, historical, political, economical approach on understanding the practice on checks and balance which pouring in constitutions in some countries</strong>.</p><p class="Keywords"><strong><em>Keywords</em></strong> - <em>Checks and balances, Politics and Constitution, Separation Power </em></p>
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Saunders, Cheryl. "Constitution transformation." Global Constitutionalism 10, no. 2 (July 2021): 237–55. http://dx.doi.org/10.1017/s2045381720000246.
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AbstractThis article explores the extent to which (if at all) the concept of a constitution is undergoing change in the conditions of globalization that characterize the early decades of the twenty-first century, to an extent that might be described as transformation. The question is prompted both by familiar manifestations of the interdependence of domestic constitutional and international law and practice, and by the interpretation placed on them by some of the literature on global constitutionalism. Some – although by no means all – of the literature and the experience on which it draws relate to the extent of transnational influence on the way in which constitutions now are made or changed: constitution transformation in the narrow, or more particular, sense. The article seeks to answer this question with reference to global constitutional experience, including – critically – experience in Asia, as one of the largest and most diverse regions of the world, too often omitted from studies of this kind. To this end, the article considers whether the concept of a constitution can be regarded as having been globally shared in any event; examines the phenomena associated with globalization that might suggest a paradigm change; and considers the arguments that mitigate against change, at least on a global scale. In exploring these factors, it necessarily considers the extent to which states in different regions of the world diverge in their experiences of the internationalization of constitutional law. The article concludes that, on balance, it is not plausible to argue that the generic concept of a constitution has changed, with global effect. It does, however, acknowledge that current conditions of globalization present a series of challenges for national constitutions. Responding to them might itself be regarded as an exercise in global constitutionalism.
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Faraguna, Pietro. "Regulating Religion in Italy." Journal of Law, Religion and State 7, no. 1 (February 7, 2019): 31–56. http://dx.doi.org/10.1163/22124810-00701003.
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This article focuses on state-church relations and on the peculiar implementation of the “idea of secularism” in Italy. First, it explores the formal provisions of the 1848 Constitution. Next, it investigates constitutional provisions that came into force in 1948. Finally, it examines how the actors of the living constitution (legislators, the government, judges, and the Constitutional Court in particular) tried to balance and develop the potentially conflicting principles included in the 1948 Constitution in the area of religious freedom, equality, and state-church relations. The article explores three particularly controversial examples: the teaching of religion in state schools; the display of the crucifix in classrooms; and state funding mechanisms of religious denominations. The main claim of the article is that, with regard to the regulation of religion in Italy, the transformation of the constitutional position of religion did not occur within the formal constitution, but in the “living constitution.”