Relevant bibliographies by topics / Constitutionalism

Academic literature on the topic 'Constitutionalism'

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Published: 4 June 2021
Last updated: 7 July 2024

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Journal articles on the topic "Constitutionalism"

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Scholtes, Julian. "The complacency of legality: Constitutionalist vulnerabilities to populist constituent power." German Law Journal 20, no. 3 (April 2019): 351–61. http://dx.doi.org/10.1017/glj.2019.26.

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AbstractWhat role do public law and liberal constitutionalism play in an era of political populism? This article approaches this question by exploring the concept of constituent power in the light of recent constitutional developments in countries with populist governments. It attempts to outline and contrast conceptions of constituent power as inherent in liberal constitutionalist and populist thinking, respectively. While constitutionalists draw heavily upon Kelsenian normativism in framing the way political power is generated, populists juxtapose this with a concept of constituent power that is inspired by Carl Schmitt’s ‘decisionist’ view. The complacency of legality inherent in liberal constitutionalist thinking is susceptible to a populist challenge that draws attention to the necessity for the social embeddedness of any legal order. Populism, it is argued, exposes a core tension inherent in constitutionalism: How do constitutionalists reconcile their democratic aspirations with the simultaneous preclusion of certain political choices from the democratic realm? Populists can attack constitutionalism also because of the deficient conception of constituent power that underlies the latter. The article concludes that, where challenged by populists, public law can at some point no longer rely on its own force to defend itself. Its authority needs to be re-established from an extra-legal, pre-positive perspective. In an era of political populism, constitutionalist public law becomes a discourse that can challenge populism by means of the powerful reasons that inhere in the former.
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VAN MULLIGEN, JOHANNES GERALD. "Global Constitutionalism and the Objective Purport of the International Legal Order." Leiden Journal of International Law 24, no. 2 (May 6, 2011): 277–304. http://dx.doi.org/10.1017/s0922156511000021.

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AbstractGlobal constitutionalists argue that the international legal order can only be meaningfully construed as having an objective, value-based purport. There is, however, something hybrid about the constitutionalist argument, as constitutionalists espouse a normative agenda whilst at the same time setting out to ground their approach in positive international law. It is contended that to avoid both this foundational problem and the charge of utopianism, and as a rejoinder to positivistic arguments for the denial of objective purport, constitutionalists are forced to reason along indirect, transcendental lines. Thus, constitutionalists are to be construed as avouching global values as necessary conditions for making sense of existing international legal practice, rather than merely invoking direct, positivistic evidence and/or mere normative arguments to ground their position. Moreover, it is submitted, first, that global constitutionalists would do better by adopting a less objectivist stance as regards global values, as on the ideal-agent theory of value. Second, it is argued that even though there might be room for so-called constitutionalist ‘mindsets’, these fall short of establishing the objective purport of the international legal order. Third, d'Aspremont's positivistic argument contra objective purport is construed as (also) an argument to the effect that the rules and architecture of the international legal order only warrant the existence of Hobbesian interests as necessary conditions for making sense of it. The constitutionalist case for objective purport, then, hinges on the issue of whether constitutionalism is necessitated by considerations as regards the intelligibility of international legal argument, by explanatory desiderata regarding trends in international law-making, and as a viable response to the problems posed by fragmentation, deformalization, and international legal scepticism.
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Bateman, Thomas M. J. "Rights Application Doctrine and the Clash of Constitutionalisms in Canada." Canadian Journal of Political Science 31, no. 1 (March 1998): 3–29. http://dx.doi.org/10.1017/s0008423900008660.

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AbstractCanadian courts have been torn between two constitutionalisms in their interpretation of the application provisions of the Canadian Charter of Rights and Freedoms. The traditional, liberal constitutionalist approach establishes a distinction between public and private realms and between state action and inaction, limiting the Charter's application to the public, governmental sphere of positive legislation and executive conduct. However, the courts have oscillated between this and a postliberal constitutionalism according to which distinctions between public and private and state action and inaction are arbitrary and artificial. This article argues that this clash of constitutionalisms is responsible in large part for the courts' inconsistent and confusing record in interpreting sections 32 and 52 of the Constitution Act, 1982.
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Arjomand, Saïd Amir. "The 1906-07 Iranian Constitution and the Constitutional Debate on Islam." Journal of Persianate Studies 5, no. 2 (2012): 152–74. http://dx.doi.org/10.1163/18747167-12341242.

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Abstract After a brief sketch of the historical background, the mutual impact of Islam and constitutionalism is examined by looking closely at the process of constitution-making in the broad context of the constitutional politics of Iran between 1905 and 1911. The modification of modern constitutional concepts under the impact of Shiʿi Islam and through its custodians in the course of the reception of Western constitutionalism in this period is followed by an analysis of the impact of modern political ideas on Islam. The analysis is based on the texts of the Fundamental Law of 1906 and its 1907 Supplement, and on the contemporary tracts for and against constitutionalism from opposite Islamic viewpoints. Our detailed examination of these sources indicates no presumption that a constitution had to be based on Islam. Nor was there any notion of ‘the Islamic state,’ the slogan of the Islamic revolution of 1979. For the constitutionalists and anti-constitutionalist pamphleteers of the first decade of the twentieth century alike, the counterpart to the constitutional government was not the Islamic state but the autocratic monarchy of ‘the king of Islam.’
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SHINAR, ADAM. "The ideologies of global constitutionalism." Global Constitutionalism 8, no. 1 (March 2019): 12–28. http://dx.doi.org/10.1017/s204538171800031x.

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Abstract:This introduction sets the stage for the special issue on the ‘ideologies of global constitutionalism’. It describes the competing approaches for conceptualising and analysing global constitutionalism. It then turns to highlight the overlooked ideologies underlying global constitutionalism through a thematic exposition of the articles in the special issue. In particular, the introduction questions the conventional link between global constitutionalism and neo-liberalism, explores a materialist analysis of global constitutionalism, analyses the validity of the liberal global constitutionalist paradigm for non-liberal regimes, and discusses the potential for the abuse of that liberal paradigm through the migration of constitutional doctrine.
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BUI, SON NGOC. "Anticolonial Constitutionalism: The Case of Hồ Chi Minh." Japanese Journal of Political Science 19, no. 2 (May 22, 2018): 197–221. http://dx.doi.org/10.1017/s1468109918000051.

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AbstractHow is modern constitutionalism related to anticolonialism? This Article takes into account this question with a special reference to the case of Hồ Chi Minh. It argues that modern constitutionalism offers a powerful ideational and discursive weapon for the colonized people to struggle against colonialism. To understand this, the Article introduces the concept of ‘anticolonial constitutionalism’, defined as a form of political discourse in which anticolonialists employ the language and ideas of modern constitutionalism to combat the predatory colonial government and to express the aspirations to a constitutional government. Anticolonial constitutionalism emerges under three conditions, namely exploitatory and arbitrary colonialism, anticolonialism, and constitutional enlightenment. The case of Hồ Chí Minh illustrates this phenomenon well. When Vietnam was under French colonialism as a part of French Indochina during the first half of the twentieth century, Vietnamese anticolonialism was vehement, and different anticolonialists employed the language and ideas of constitutionalism to oppose the colonial government. One of them was Hồ Chí Minh, considered by many Vietnamese as the father and icon of the nation. A tremendously influential anticolonialist, he was enlightened with constitutionalist knowledge and employed key ideas of modern constitutionalism, namely a written constitution, the rule of law, popular sovereignty, and fundamental rights to struggle against French colonialism and to express such aspirations to a constitutional government in Vietnam. This study has implications for the trajectory of constitutionalism in contemporary Vietnam given the continuing influence of Hồ Chí Minh's constitutionalist discourse in the country nowadays. More generally, this study has implications for the relationship between constitutionalism and anticolonialism.
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Effendi, Syafnil. "Konstitusionalisme dan Konstitusi Ditinjau dari Perspektif Sejarah." Humanus 10, no. 1 (July 30, 2012): 73. http://dx.doi.org/10.24036/jh.v10i1.488.

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The primary mission of constitutionalist thought is the limitation of power of the government. This limitation means the guarantee and protection of rights of the society. The thought about the limitation of government power aims to avoid power abuse, authoritarian and irresponsible acts. In the constitutional democratic countries, constitutionalism is one of qualifications of democratic countries. However, the democracy is questioned when constitutionalism is included in the constitution and in the real implementation of the state. Key words: constitutionalism, constitution
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Basta Fleiner, Lidija R. "Kako predavati ustavno pravo u dvadeset prvom veku." Novi arhiv za pravne i društvene nauke Pravnog fakulteta Univerziteta u Beogradu, no. 1/2021 (May 11, 2021): 32–47. http://dx.doi.org/10.51204/novi_arhiv_pfub_21103a.

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Constitutionalist discourse has undergone a fundamental transformation at the beginning of the 21st century. New, major constitutional topics have been introduced, inspired by constitutional pluralism and constitutionalism beyond the nation-state. The systemic challenges to modern liberal constitutionalism have prompted a new understanding not only of the constitution, but also of constitutional law as a university subject. The crisis of key parameters of constitutional democracy commands a thorough re-examination of both the cognitive and performative dimensions of teaching constitutional law. For that reason, this paper seeks answers to the question what and how to teach in the epoch of postmodern constitutionalism. The paper advocates the viewpoint that the professor should not only describe phenomena, but also explain the essence of the problem: for example, the republican argument of classical constitutionalism’s irrelevance, or the difference between normality and pathology of constitutional systems in the context of democratic transition, or indeed the trans-nationalization of the constitution and the postmodern paradigm of constitution-building without constituent power. The need for interdisciplinary and multidisciplinary approach, including co-teaching is demonstrated through the topics of monistic and pluralistic federalism, and constitutional guaranties of individual and/or collective rights. The paper concludes that teaching of constitutional law should be guided by global doubt, as the hermeneutics of truth and ethico-political consideration.
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Vespaziani, Alberto. "Comparison, Translation and the Making of a Common European Constitutional Culture." German Law Journal 9, no. 5 (May 1, 2008): 547–74. http://dx.doi.org/10.1017/s207183220000002x.

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European integration has forced constitutional law scholars to abandon the perspective of methodological nationalism. Prior to the emergence of the interpretative problems raised by the intersection of domestic and European law, the dominant legal paradigm conceived of “constitution” and “state” as two inseparable terms. With the intensification of European integration and economic globalization, many different constitutionalist interpretations have emerged which all share a belief in the State's loss of centrality, such as post-, supra- and transnational constitutionalism, constitutionalism without the state and multilevel constitutionalism.
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Granat, Mirosław. "Pytania o przyszłość konstytucjonalizmu. Siła i słabość komparatystyki prawniczej." Przegląd Konstytucyjny, no. 3 (2022) (October 31, 2022): 35–43. http://dx.doi.org/10.4467/25442031pko.22.020.16385.

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Questions about the Future of Constitutionalism. The Strength and the Weakness of Comparative Law The future of constitutionalism revolves around two critical issues which we see against the backdrop of the crisis of liberal democracy. The first issue concerns the conflict between the “judicial” constitutionalism and “political” constitutionalism. The “judicial” constitutionalism assumes a strong role of courts in a democratic system. Only courts can decide on compatibility of law with the constitution. In turn, the “political” constitutionalism assumes that the parliament decides on constitutional law. The rivalry between these two constitutionalisms seems to be the matrix of contemporary political dilemmas. The result of this rivalry is important for the efforts to end Polish constitutional crisis, as we will have to decide on the constitutional benchmarks applicable after the crisis. The second issue concerns the limits of constitutionalism. The author argues that the current digital era created a new phenomenon of digital constitutionalism. It operates in the sphere of private law relationships, dominated by private entities (big corporations). The relevant provisions for the digital world are the private law provisions. Comparative law and comparativists are crucial for answering the questions on the future of constitutionalism. The conflict of the two visions of constitutionalism and the extension of its limits are a great “training ground” for the comparativists.
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Dissertations / Theses on the topic "Constitutionalism"

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Hernando, Nieto Eduardo. "Constitutionalize the law or politicize the Constitution? Threats, risks and dangers in contemporary constitutionalism." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116349.

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Since the beginning of modernity, the use of rhetoric have prevailed; that is, the technique of perverting the language giving concepts different meanings presuming nothing have changed when in fact, it has occurred. The same thing happens with the concept of Constitution, it has been completelymodified its sense from the progress of individual rights moral. In this article the intention is to demonstrate the nature of this change and at the same time claim on the «old constitutionalism» validity and also the rule of law and political will beginning on a critical reading of contemporary constitutionalism and considering its tendency to constitutionalize or materialize the law, ironically risking the same values intended to defend.
Desde inicios de la modernidad se ha venido imponiendo el empleo de la retórica, es decir, la técnica de pervertir el lenguaje dotando a los conceptos de distintos significados para presumir que nada ha cambiado cuando en realidad sí se ha dado el cambio. Esto mismo acontece con el concepto de Constitución, que ha modificado completamente su sentido apartir del avance de la moral de los derechos individuales. Este texto pretende mostrar la naturaleza de este cambio y reivindicar a su vez la vigencia del «viejo constitucionalismo» y el imperio de la ley y la decisión política a partir de una lectura crítica del constitucionalismo contemporáneo y su tendencia a constitucionalizar o materializar el derecho, contribuyendo paradójicamente a poner en riesgo los valores que pretende defender.
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Kyriakou, Tania. "EU constitutionalism : the great simulator?" Thesis, University of Edinburgh, 2004. http://hdl.handle.net/1842/24799.

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This thesis is a normative critique of EU constitutionalism. Its aim is not to expose the flaws of EU constitutionalism by reference to the templates of the nation state and our inherited constitutional vocabularies, but to articulate an internal, immanent critique, which brings to the fore the internal contradictions of the EU constitutional order. The argument put forward in this thesis shows that the initial solely economic focus of the Community has influenced its gradual evolution into a political entity and has kept its current political character subordinated to economic definitions. Due to the specific conditions of its historical development (the process through which the EC Treaty was constitutionalised was to a large extent judicially driven), EU constitutionalism has been marked by a substitution of jurisdiction for politicisation. Furthermore, the legal outcome of this juridification has enshrined the exigencies of the market within its deepest structures (this will be shown through an analysis of the concept of EU fundamental rights). This double substitution of the legal for the political and the economic for the legal amounts to a simulation of the political; political power is in essence no longer present except to conceal that there are no effective mechanisms for the exercise of political power in the EU. At the same time, this simulation of the political functions in a deeply ideological way, because it renders invisible the existing structures of political economy and the asymmetrical relations of domination which have been established through them.
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Reilly, Jonathan. "Human rights and global constitutionalism." Thesis, University of St Andrews, 2015. http://hdl.handle.net/10023/9474.

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This thesis examines the contributions to the global constitutional process made by the human rights machinery of the United Nations. To do this, it considers the philosophical and theoretical positions related to understanding constitutionalism either as government or as governance. This contrast is then used to help develop the idea of the constitutional process, which is followed by a translation of these ideas into the international realm. Subsequently, it examines the United Nations Human Rights Council from the perspective of a polycentric international society. This is then followed by an examination of the Office of the United Nations High Commissioner for Human Rights from a cosmopolitan perspective. Ultimately, it is concluded that, whilst the existing contributions made by these organs are seemingly negligible, the particular theoretical approach undertaken is successful in highlighting certain opportunities for reforms that have hitherto been unexamined.
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Bui, Ngoc Son. "Confucianism and constitutionalism in Vietnam." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/197124.

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Early twenty first century Vietnam has witnessed the emergence of constitutional discourse in line with some ideas and institutions of western liberal constitutionalism. This movement has unfortunately led the constitutional discourse to underestimation of the relevance of the local culture. In Vietnam, Confucianism is an integral component of the national culture. It has a long tradition and has continued to influence on different aspects of the modern society in the nation. As constitutionalism must be ultimately underpinned by culture values and political tradition, the relations of Confucianism to the promotion of constitutionalism in Vietnam should be taken into account. This account adopts a balanced approach to the relationship between Confucianism and constitutionalism. It supports the integrationist approach, which attempts to marry the best elements of Confucianism with the best elements of western constitutionalism to produce a distinctive form of constitutionalism suitable to the local context. However, to carry out the integrationist project, it is important to determine what can be integrated, and to do this, the integrationist approach must be combined and balanced with the indigenist and critical approaches. On the side of Confucianism, it is necessary to identify constitutionalist elements, and this requires us to, from an indigenist perspective, discover constitutionalist values in the Confucian tradition. On the side of western constitutionalism, it is necessary to, from a critical view, identify its disadvantages and advantages so as to select the most suitable elements for the integrationist project. General speaking, this study defends the thesis of the positive relationship of Confucianism to constitutionalism with particular reference to the case of Vietnam. The study firstly systematically discovers classical philosophical foundations of Confucian constitutionalism. It then examines the practice of Confucian constitutionalism in imperial Vietnam. Subsequently, it demonstrates the antecedent projects of integration of Confucianism with Western constitutionalism in the modern history of Vietnam. Finally, the study contemplates the possibility of further integration of Confucianism and western constitutionalism in contemporary Vietnam by proposing the Constitutional Academy as a mixed model of constitutional enforcement. This inquiry is significant in several ways. Firstly, it contributes to our better understanding of the history and development of Confucianism, constitutionalism, and their relationship in Vietnam. Secondly, it can further enhance the scholarship of the intellectual foundations and experimentations of constitutionalism in pre-modern East Asia. Finally, the findings in this study can have implications for further reflection on the global expansion of western liberal constitutionalism in non-western contexts, and the prospects of constitutionalism in an East Asian Confucian context.
published_or_final_version
Law
Doctoral
Doctor of Philosophy
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García, Figueroa Alfonso. "Neo-Constitutionalism and Legal Reasoning." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/115635.

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This paper aims to explore the functions of the theory of legal argumentation (TLA) on Constitutional States and will especially focus on the political and self-reflective functions of the TLA within the framework of a neo-constitutionalistic legal theory. The first part of the paper includes a definition of the TAL and an analysis of its main functions. At the end of the paper the author provides the bases for the development of a neoconstitutionalistic legal theory.
Este trabajo pretende explorar las funciones de la teoría de la argumentación jurídica (TAJ) en los Estados constitucionales y se concentrará en subrayar las funciones políticas y autorreflexivas de la TAJ en el marco de una teoría del Derecho neoconstitucionalista. La primera parte incluye una definición de la TAJ y un examen de sus funciones generales. En la parte final, el autor ofrece un programa para el desarrollo de una teoría neoconstitucionalista.
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Round, Thomas. "Representation-Reinforcement and Australian Constitutionalism." Thesis, Griffith University, 2002. http://hdl.handle.net/10072/367951.

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Constitutional theory in Australia, as in the USA and other liberal democracies, is contested by rival views of the proper roles of courts and legislatures. Simple adherence to the literal text of the Constitution or the original intentions of its framers is inadequate to protect against unjust actions by legislative and executive officials (the raison d'étre of an entrenched Constitution) when these appear in novel guises. But empowering judges to strike down laws they consider 'unjust' risks sacrificing democratic self-government, and the process can undercut the very goal (equal respect for all citizens) that it is supposed to ensure as an outcome. American theorists of 'representation-reinforcing' or 'process-policing' judicial review - outlined by Justice Harlan Stone in US v Carolene Products (1938), then elaborated by Professor John Hart Ely in Democracy and Distrust (1980) - offer a solution. Representation-reinforcement opposes judicial activism except on two grounds. The first is protecting majority rule, invalidating laws that entrench those in power against opposition or removal. The second is protecting minority rights, by invalidating laws motivated by prejudice that discriminate against unpopular groups. Constitutional courts should avoid dictating substantive policy outcomes, lest this undermine democracy. Instead, judges should concentrate on 'reinforcing representation' - on ensuring that political processes function properly, producing decisions that have maximum popular support. Many US constitutional scholars have criticised Ely's theory. But even so, representation-reinforcement remains a promising doctrine for Australia to adopt. Ely's American critics disagree even more with each other than with Ely, and most of their criticisms carry weight only in the USA's rights-based, individualistic context. Australia's Benthamite culture of majoritarian constitutionalism is more receptive to representation-reinforcement. And most other criticisms of Ely can be answered by revising, instead of abandoning, the concept of process-policing judicial review.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Politics and Public Policy
Arts, Education and Law
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Comazzetto, Giovanni. "Multilevel Constitutionalism e diritti fondamentali." Doctoral thesis, Università degli studi di Padova, 2018. http://hdl.handle.net/11577/3425880.

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The aim of this thesis is to analyze, from a constitutional point of view, some features of the multilevel system of fundamental rights protection which has recently developed in the composite ‘European constitutional space’. To do this, after considering the constitutionalizing process in the EU, in light of the polysemous concept of ‘Constitution’, the debate about the European Constitution will be extensively investigated. Then the work focuses on the abundance of catalogues of rights in order to study if the multiplication of this latter might strengthen their legal protection. Finally, critical considerations about the resolution of conflicts between the national Courts and the European Court of Justice will be provided.
Obiettivo di questo lavoro è analizzare, dal punto di vista del diritto costituzionale, alcuni profili del sistema di tutela multilivello dei diritti fondamentali che si è consolidato nello scenario giuridico europeo negli ultimi decenni. La ricerca muove dall’analisi di alcuni aspetti del processo di «costituzionalizzazione» dell’ordinamento dell’Unione europea alla luce dell’intensa polisemia del concetto di costituzione e del dibattito sorto negli anni Novanta in merito alla possibilità di concepire una Costituzione europea. Successivamente si procede a descrivere ed indagare la moltiplicazione delle sedi di tutela dei diritti fondamentali, concentrando l’attenzione sull’effettivo «livello di protezione» che tale struttura reticolare può garantire. L’ultima parte è infine dedicata allo studio di alcuni conflitti costituzionali che hanno visto contrapporsi negli ultimi anni, sul punto della ricostruzione delle relazioni intersistemiche ovvero sullo standard di protezione dei diritti fondamentali, la Corte di giustizia dell’Unione e le Corti costituzionali nazionali.
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Brzezinski, Mark Francis. "The development of constitutionalism in Poland." Thesis, University of Oxford, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.319059.

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Bian, Su. "Contested constitutionalism : constitutionalization in contemporary China." Thesis, University of Glasgow, 2015. http://theses.gla.ac.uk/6589/.

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This thesis was written on the constitutional changes of contemporary China, with the 1982 Constitution as the object of researches. This constitution is the currently valid constitution in China, and is expected by constitutional scholars to be put in “juridification”. However, for thirty years since its birth, this task is yet to be realized. What is more, the claim of “judicialization of the constitution” as Chinese legal constitutionalists held especially during the 1990s, is now contested by emergent constitutional schools as one of many constitutions in China. They are arguing that China’s constitutional reality should not be colonized by the Western-originated constitutional science –classical constitutionalism. Having perceived the critical merits of China’s new constitutional schools, this thesis is wary of confirming unconditionally the other end of arguments, namely, applying critical theories to condense into “constitutionalism with Chinese characteristics”. The use of “constitutionalism” to describe the Chinese model, however, should be examined against whether it has indeed resolved the material problems in China’s constitutionalization, or is merely an inflationary application of the terminology. If China’s legal constitutionalism is seen as implanting formalism of Hayekian theory in service of global capitalism, in the second-generation constitutional discourse, have we opted out of this mentality and re-constituted ourselves? Constitutionalization in contemporary China hence is a complex issue covering the grounds of institutional, political as well as conceptual controversies, more than a practical issue of applicable mechanisms. The conceptual arguments on “what is constitutional” are especially challenging to classical constitutionalism, when combined with “identity politics” and “constitutional pluralism”. Between the material and conceptual level, I am insisting that the ‘democratic deficit’ caused by China’s 1990s economic reforms and the market mentality still needs a redress, before we could render its hybrid outcomes as “constitutionalism with Chinese characteristics”.
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Barbirotto, Patricio Ignacio <1984&gt. "Bosnia and Herzegovina: Nationality and Constitutionalism." Master's Degree Thesis, Università Ca' Foscari Venezia, 2013. http://hdl.handle.net/10579/2581.

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Il lavoro verte sulla questione dello sviluppo dell'idea di nazionalità in Bosnia ed Erzegovina e su come questa sia stata trattata (o non trattata) in sede costituzionale, creando i presupposti per la guerra di Bosnia e per la successiva di fatto ingovernabilità dello stato sorto dalla guerra stessa. Partendo dai primi stati medievali, il lavoro esamina la storia della regione concentrandosi sul XIX e il XX secolo quando il concetto moderno di nazione ed il nazionalismo si sono sviluppati ed affermati. Nello specifico, si osserva come le carte costituzionali alla base dell'organizzazione dello stato abbiano favorito la divisione dei bosniaci in tre nazionalità, due delle quali sono legate a stati esteri (nella fattispecie Croazia e Serbia) con i soli bosgnacchi (evoluzione della comunità bosniaca di religione musulmana)legati unicamente al suolo bosniaco-erzegovese o comunque a nessuna entità statale esterna. In conclusione si evidenzia come la ripartizione del paese in tre nazionalità, riconosciute dall'attuale carta costituzionale come le tre nazioni costituenti, abbia reso lo stato di fatto ingovernabile dal 1995 ad oggi.
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Books on the topic "Constitutionalism"

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Casper, Gerhard. Constitutionalism. Chicago, Ill: Law School, University of Chicago, 1987.

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Buratti, Andrea. Western Constitutionalism. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-99338-6.

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Baines, Beverley, Daphne Barak-Erez, and Tsvi Kahana, eds. Feminist Constitutionalism. Cambridge: Cambridge University Press, 2012. http://dx.doi.org/10.1017/cbo9780511980442.

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Tushnet, Mark, and Madhav Khosla, eds. Unstable Constitutionalism. Cambridge: Cambridge University Press, 2015. http://dx.doi.org/10.1017/cbo9781107706446.

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Tsagourias, Nicholas, ed. Transnational Constitutionalism. Cambridge: Cambridge University Press, 2007. http://dx.doi.org/10.1017/cbo9780511495076.

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Atilgan, Aydin. Global Constitutionalism. Berlin, Heidelberg: Springer Berlin Heidelberg, 2018. http://dx.doi.org/10.1007/978-3-662-55647-4.

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Bonfiglio, Salvatore. Intercultural Constitutionalism. New York, NY : Routledge, 2019.: Routledge, 2018. http://dx.doi.org/10.4324/9780429401466.

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A, Graber Mark, and Whittington Keith E, eds. American constitutionalism. Oxford: Oxford University Press, 2012.

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B, Agrawal K., and Raizada R. K. 1934-, eds. Comparative constitutionalism. Jaipur: University Book House, 1990.

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Weinrib, Lorraine. Global constitutionalism. Toronto]: Faculty of Law, University of Toronto, 1999.

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Book chapters on the topic "Constitutionalism"

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Fioravanti, Maurizio. "Constitutionalism." In A Treatise of Legal Philosophy and General Jurisprudence, 263–300. Dordrecht: Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-90-481-2964-5_7.

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Alexander, Larry A. "Constitutionalism." In The Blackwell Guide to the Philosophy of Law and Legal Theory, 248–58. Oxford, UK: Blackwell Publishing Ltd, 2008. http://dx.doi.org/10.1002/9780470690116.ch17.

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Alexander, Larry. "Constitutionalism." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–6. Dordrecht: Springer Netherlands, 2018. http://dx.doi.org/10.1007/978-94-007-6730-0_382-1.

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Alexander, Larry. "Constitutionalism." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–6. Dordrecht: Springer Netherlands, 2022. http://dx.doi.org/10.1007/978-94-007-6730-0_382-2.

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Alexander, Larry. "Constitutionalism." In Encyclopedia of the Philosophy of Law and Social Philosophy, 562–67. Dordrecht: Springer Netherlands, 2023. http://dx.doi.org/10.1007/978-94-007-6519-1_382.

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Welsh, Jennifer M. "Constitutionalism." In Edmund Burke and International Relations, 25–48. London: Palgrave Macmillan UK, 1995. http://dx.doi.org/10.1057/9780230374829_2.

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Srzednicki, Jan. "Constitutionalism." In The Democratic Perspective, 287–305. Dordrecht: Springer Netherlands, 1988. http://dx.doi.org/10.1007/978-94-009-3671-3_9.

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Whelan, Frederick G. "Constitutionalism." In Democracy in Theory and Practice, 407–40. New York, NY: Routledge, 2019.: Routledge, 2018. http://dx.doi.org/10.4324/9781351205870-12.

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Riaz, Ali. "Constitutionalism interrupted or constitutionalism absent?" In A History of the Constitution of Bangladesh, 224–40. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003276814-18.

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Atilgan, Aydin. "Contemporary Constitutionalism to Understand Global Constitutionalism." In Global Constitutionalism, 243–92. Berlin, Heidelberg: Springer Berlin Heidelberg, 2017. http://dx.doi.org/10.1007/978-3-662-55647-4_6.

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Conference papers on the topic "Constitutionalism"

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Zaporojan, Veaceslav, and Corina Zaporojan. "The impact of constitutionalism on direct and representative democracy in the rule of law." In International Scientific Conference “30 Years of Economic Reforms in the Republic of Moldova: Economic Progress via Innovation and Competitiveness”. Academy of Economic Studies of Moldova, 2022. http://dx.doi.org/10.53486/9789975155649.34.

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The development of direct and representative democracy, as the essence of the rule of law, imposes the need to exercise political activities based on the Constitution, but also a control of political activities exercised by the rulers - constitutionalism. Constitutionalism, through the control of constitutionality, allows society to exercise verification of governance measures. Constitutionalism exercises differently the assessment of the sovereignty of the people in the direct and representative execution of the rulers of democracy. The research evaluates through the historical prism of applying the constitutional law and controlling the constitutionality of the processes of exercising direct and representative democracy in developing democracies, such as the Republic of Moldova, in relation to developed democracies. The study found the application of direct democracy to the adoption of the Constitution of the Fifth Republic in France unacceptable. In comparison, the study considered inadmissible the adoption of a law to revise the Constitution through the direct exercise of sovereignty, as attempted in Moldova in the absence of a procedure directly regulated by the Constitution, supported by the indirect agreement of the Constitutional Court. The positive and intense political application, including publicity, of this procedure, guided the people of the Republic of Moldova, through their great thought, to ignore this initiative without even 1/3 of the voters running in the referendum.
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Vlasiuk, Ye М. "Ukrainian constitutionalism under martial law." In SCIENTIFIC INNOVATIONS IN LAW AMIDST THE IMPACT OF THE RUSSIAN-UKRAINIAN WAR ON THE LEGAL SYSTEM. Baltija Publishing, 2024. http://dx.doi.org/10.30525/978-9934-26-409-2-6.

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Agamirov, A. K. "PROBLEMS OF DEVELOPMENT OF RUSSIAN CONSTITUTIONALISM." In XIV International Social Congress. Russian State Social University, 2015. http://dx.doi.org/10.15216/rgsu-xiv-21.

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Triyanto and Rima Vien P. H. "Indigenous Peoples in Indonesia’s Constitutionalism Context." In Borneo International Conference On Education And Social. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0009022904820485.

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Kohut, Oksana, and Iryna Alekseenko. "UKRAINIAN CONSTITUTION IN THE SYSTEM OF EUROPEAN CONSTITUTIONALISM." In Development of Scientific Space in the Context of Global Changes. Publishing House “Baltija Publishing”, 2022. http://dx.doi.org/10.30525/978-9934-26-256-2-4.

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Soares Pugliese, William. "Judicial process, jurisdiction and the tension between Constitutionalism and Democracy." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws70_03.

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Mutsalov, Shadid Shahidovich, Sharani Kozhahmetovich Idilov, and Dadaev Khamzat Mamutovich. "Constitutional Justice As The Highest Form Of Constitutionalism In Russia." In International Conference on Social and Cultural Transformations in the Context of Modern Globalism. European Publisher, 2021. http://dx.doi.org/10.15405/epsbs.2021.11.150.

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Stepanenko, Ravia, Farida Khamidullina, Lidia Sabirova, Alena Soldatova, and Ilshat Ashrafzyanov. "Principles of equality and justice as absolute values of Russian constitutionalism." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.vpef9043.

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The article considers common legal principals of equality and justice whose significance is increasing in the conditions of uncertainty and instability of the modern public order. Negativism of differentiation processes and increased social inequality studied by the legal science draws the attention of researchers to the cognition of constitutionalism ideas that can be used (as the authors believe) to overcome unfavorable situations related with adherence to and protection of the rights and freedoms of citizens defined by the Constitution of the Russian Federation. The principles of equality and justice having absolute value in the system of value and mentality institutes must serve a basis for the methodology of rule-making and enforcement activity. The authors also highlight the need to observe succession in the doctrine and practice of constitutionalism, namely the need for support in achieving pre-revolutionary and soviet legal science. In this light, the liberal approach to the principles of equality and justice cannot take the monopoly position and must be supplemented by other ideas developed in the science. Taking into account methodological positions, the specific features of implementing the principles of equality and justice must be the subject of doctrinal researches of the theory of state and law and constitutional law in the methodological synthesis of interdisciplinary relations.
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Kravchenko, Oleg. "VOTER TURNOUT IN ELECTIONS AND THE PRINCIPLE OF LEGITIMACY OF STATE POWER." In Development of legal systems in Russia and foreign countries: problems of theory and practices. ru: Publishing Center RIOR, 2022. http://dx.doi.org/10.29039/02090-6-0-86-93.

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The article reveals the question of the ratio, on the one hand, the voter turnout in the elections for voting, and on the other hand, the principle of the legitimacy of state power. It is proposed, in the legal aspect, to consider voter turnout more broadly, namely through the prism of constitutionalism, including taking into account the principle of legitimacy of state power.
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Bochkarev, Sergei. "Law As A Regulator Of Public Relations In The Constitutionalism Development Context." In International Scientific and Practical Conference «MAN. SOCIETY. COMMUNICATION». European Publisher, 2021. http://dx.doi.org/10.15405/epsbs.2021.05.02.215.

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Reports on the topic "Constitutionalism"

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Chofor Che, Christian Aimé. Reinforcing decentralisation and constitutionalism under the 1996 Constitution of Cameroon for peace-building and development. Fribourg (Switzerland): IFF, 2023. http://dx.doi.org/10.51363/unifr.diff.2023.36.

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Cameroon faces an array of serious governance challenges today which include difficulties in handling the country’s inherited dual-state colonial heritage, particularly the perception of marginalisation by the Anglophone community. Other challenges include usurpation of duties of decentralised authorities by deconcentrated authorities, providing adequate service delivery at the local government level, upholding constitutionalism, limiting ethnic tensions, tackling minority concerns and a weak fiscal decentralisation agenda. An examination of the constitutional and legal framework of decentralisation under the 1996 Constitution, shows that these issues have not been adequately addressed under the current dispensation. Thus, there is need for some fundamental changes that would strengthen self and shared rule for better service delivery especially at the local government level. There is also a need for more power sharing at the central government level, the need for robust constitutionalism and human rights and a better fiscal decentralisation agenda.
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Nelson, Inga. "Each Generation of a Free Society": The Relationship between Montana's Constitutional Convention, Individual Rights Protections, and State Constitutionalism. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.311.

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Bolton, Laura. Synthesis of Work by the Covid Collective. Institute of Development Studies, March 2022. http://dx.doi.org/10.19088/cc.2022.001.

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Overview: This report looked across Covid Collective outputs and grouped findings into three sections. Section 2) Pandemic response; Section 3) Increased marginalisation; and Section 4) Emergent outcomes. Section 4 describes outcomes, both positive and negative, which evolved and were more unpredictable in nature. Pandemic response: Findings on national response highlight shortfalls in national government actions in Bangladesh, Malawi, the Philippines, Yemen, and Syria. Emergency law responses have, in some cases, led states to exert powers with no legal basis. In transitioning economies, state militarisation is having negative effects on constitutionalism and peacebuilding. Lack of trust in state security institutions is identified as an issue in Yemen. Improved consultation between the community, government and security institutions is needed. From a micro perspective, lockdowns were found to hit households close to subsistence the hardest bringing restrictions in to question with regards to welfare choices. Regional responses had different features (outlined in section 2). It is suggested for future research to look at how regional responses have changed interactions between regional and global organisations. The Islamic Development Bank, for example, helped function as a redistribution pool to improve inequalities between country capacities in the Middle East. The Organisation of Islamic Cooperation (OIC) supported accurate information reporting. International response with regard to vaccination is falling short in terms of equality between developed and developing economies. World Bank response is questioned for being insufficient in quantity and inefficient in delivery.
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Hull, Logan. Questioning the Constitutionality of Iowa House File 802 and Teaching Critical Race Theory in Public Institutions. Ames (Iowa): Iowa State University, December 2023. http://dx.doi.org/10.31274/cc-20240624-1185.

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Gledhill, Igle, Richard Goldstone, Sanya Samtani, Keyan Tomaselli, and Klaus Beiter. Copyright Amendment Bill Workshop Proceedings Report. Academy of Science of South Africa (ASSAf), 2022. http://dx.doi.org/10.17159/assaf.2022/0078.

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The genesis of the Copyright Amendment Bill was in 2009, when the Department of Trade and Industry (DTI) initiated various studies and impact assessments. In July 2015, the DTI published a Draft Copyright Amendment Bill for public comment. The final 2017 version of the Bill was approved by Parliament in 2019 and it was sent to President Cyril Ramaphosa for action in terms of Section 79(1) of the Constitution. Section 79(1) states that “The President must either assent to and sign a Bill passed in terms of this Chapter or, if the President has reservations about the constitutionality of the Bill, refer it back to the National Assembly for reconsideration”. The President referred the Bill back to Parliament for review on 16 June 2020, on constitutionality issues. In response to the President’s reservations, Parliament’s Portfolio Committee on Trade and Industry has invited stakeholders and other interested parties to submit written submissions on certain sections of the Bill by no later than 9 July 2021. The current copyright law is outdated and does not address the digital environment. The Academy of Science of South Africa seeks to take into account the status of the copyright legislation and the anticipated effects of the amendment Bill on different issues and thereafter, provide recommendations to the President.
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Young, David, Brandan Scully, Sean McGill, Ashley Elkins, and Marin Kress. Ranking ports by vessel demand for depth. Engineer Research and Development Center (U.S.), December 2023. http://dx.doi.org/10.21079/11681/48019.

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The US Army Corps of Engineers (USACE) traditionally uses two metrics to evaluate the maintenance of coastal navigation projects: tonnage at the associated port (representing relative importance) and the controlling depth in the channel (representing operating condition). These are incorporated into a risk-based decision framework directing funds where channel conditions have deteriorated and the disrupted tonnage potential is the highest. However, these metrics fail to capture shipper demand for the maintained depth service provided by the USACE through dredging. Using automatic identification system (AIS) data, the USACE is pioneering new metrics describing vessel demand for the channel depth, represented by vessel encroachment volume (VEV). VEV describes the volume of the hull intruding into a specified clearance margin above the bed and captures how much vessels use the deepest portions of USACE-dredged channels. This study compares the VEV among 13 ports over 4 years by combining AIS, tidal elevations, channel surveys, and sailing draft. The ports are ranked based on the services demanded by their user base to inform the decision framework driving dredge funding allocations. Integrating demand for-depth metrics into the Harbor Maintenance Fee assessment and/or Trust Fund disbursements could alleviate the constitutionality concerns and several criticisms levied against Harbor Maintenance funding.
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