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1
VAN BEKHOVEN, Jeroen. "Reforming the Constitution; Reforming the Postcolonial State? Indigenous Peoples and Constitutional Reforms in Taiwan." Asian Journal of Comparative Law 14, no. 2 (November 7, 2019): 245–78. http://dx.doi.org/10.1017/asjcl.2019.28.
Анотація:
AbstractWhen an authoritarian state starts democratic transition reforms, the constitution can facilitate such reforms. However, a little-studied role of the constitution during democratic transition is that it can back indigenous peoples’ demands. Constitutional reform during democratic transition enables indigenous peoples to challenge the state's ‘internal colonialism’. The democratic institutions and democratic rights established and guaranteed by the constitution open possibilities for indigenous peoples to push for constitutional reforms that promote ‘internal decolonization’. This means that indigenous peoples are empowered and that their interests are protected. For indigenous peoples, a ‘double transition’ can thus take place: from authoritarianism to democracy, and from internal colonialism to internal decolonization. A case study of the constitutional reforms in Taiwan confirms that the constitution can guarantee indigenous peoples’ participation in constitutional reform. But in Taiwan, this involvement has not led to meaningful incorporation of indigenous peoples in the constitution, and it has not fully promoted double transition. The case study highlights serious problems for indigenous peoples to realize strong constitutional reforms. This article provides a foundation for additional research on constitutional change and indigenous peoples. This is critical to advance constitutional theory and to ascertain whether and how constitutions can give indigenous peoples a voice.
2
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.
Анотація:
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.
3
Szulc, Tadeusz. "The position of the sovereign in the provisions of the Constitution of 3 May 1791 against the background of the French Constitution of 3 September 1791 and the Constitutional Charter of 4 June 1814." Gubernaculum et Administratio 1(23) (2021): 137–54. http://dx.doi.org/10.16926/gea.2021.01.09.
Анотація:
Three different monarchical systems emerge from the Constitution. From constitutional monarchy based on the English model, through monarchy with some features of a republic, to a monarchy with the principle of unity of state power. The acts show that the Polish king was situated between a monarch dominated by the legislature and a sovereign monarch. He was not a figurehead. The introduction into the constitution of the principles of the sovereignty of the nation and the tripartite division of power meant that the organs of the state, and the king was one of them, performed only such activities as were allowed by the constitution. This is what the May and French Constitutions of 1791 stated. The Constitutional Charter of 1814 returned to the principle of unity of power. The monarch exercised not only the powers enumerated in the Charter, but also those not reserved to other bodies. The provisions of the Charter proved attractive to monarchies seeking a transition from enlightened absolutism to a constitutional parliamentary monarchy.
4
Shattib, Mohammed Saleh. "The Egyptian political system (A comparative study between the constitutional 2012-2014)." Tikrit Journal For Political Science, no. 16 (July 2, 2019): 163. http://dx.doi.org/10.25130/poltic.v0i16.145.
Анотація:
The research have focused on the ramifications of the" 25 January revolution" on the Egyptian constitution and how the masses in which participated in the revolution aimed a rapid democratic transition through the writing of a new constitution in order to be inevitable document leading to their salvation from authoritarianism and false constitutions that had become outmoded.
Although the Egyptian constitutional experience, From the wording perspective, have many positive aspects; but the process of drafting is requiring consensus about constitution, basically agree on the basic philosophy in which the Constitution is based on, or the purpose of drafting the Constitution itself, at the same time, the goal is absent from the Egyptian experience. Also, the political factions that carried the banner of change after the" 25 January revolution" was not able to answer the following question: What is the purpose of drafting a new constitution to replacing "the 1971 Constitution"?. This situations led to the intensification of division and conflict among factions, in addition, excluded the most important political faction.
5
Chopra, Surabhi. "The Constitution of the Philippines and transformative constitutionalism." Global Constitutionalism 10, no. 2 (July 2021): 307–30. http://dx.doi.org/10.1017/s2045381721000174.
Анотація:
AbstractThis article examines the 1987 Constitution of the Philippines’ provisions on social and economic rights and welfare. It considers how the 1987 Constitution fits within the post-liberal paradigm of ‘transformative’ constitutional texts that emerged during democratic transitions in the 1980s and 1990s. It then analyses how the Supreme Court of the Philippines responded to the constitutional call for egalitarian socio-economic reform in the first fifteen years after the People Power revolution. The article highlights how the 1987 Constitution envisions far-reaching, progressive socio-economic change, and incorporates both social and economic rights as well as open-ended policy goals in this regard. The article argues that this hybrid approach to distributive justice creates a distinctive set of interpretive challenges for the judiciary. It then argues that the Philippine Supreme Court’s approach to these provisions in the years following the transition to democracy was perfunctory and somewhat inchoate. The court affirmed its jurisdiction over these provisions, but did not develop meaningful standards or principles in relation to them. The article points out that transformative constitutional texts place difficult demands on the judiciary in relation to social and economic rights. They prompt the judiciary into unfamiliar domains. At the same time, institutional legitimacy – including legitimacy on questions of distributive justice – requires judges to sustain the sense of a cogent boundary between constitutional law and politics. The article argues that these challenges were heightened in the Philippines by the textual ambiguity of the 1987 Constitution as well as the relative dearth of jurisprudential resources at the time. It concludes by considering the implications of the Philippines experience for the design of transformative constitutions.
6
Magliacane, Alessia J. "Constitutional Resilience Between Rupture of History and Continuity of Resistance." Law and Administration in Post-Soviet Europe 6, no. 1 (December 1, 2019): 12–29. http://dx.doi.org/10.2478/lape-2019-0002.
Анотація:
Abstract The overture of the paper provides a brief survey of the philosophical positions (from Aristotle to the contemporary debate) focusing the conjecture of the legal and constitutional continuum as a problematic presupposition of theories of constituent power. The positions of the authors that we can call as continuist authors (up to Kelsen and the neo-normativism, including Soviet jurists and theorists of the constitutional cycles) constitutes the dominant part of the theoretical evolution. We discuss it (respectfully) even if we openly criticize it, with a peculiar debate involving that other position called as discontinuist (whose authors are especially Marxists philosophers, anti-fascist intellectuals like Piero Gobetti, and their references in philosophy such as Leibniz and Vico). In the first movement of the paper, we reconstruct the equivoque at the basis of the conjecture of the continuum. It corresponds to a «three-time» scheme of constitutional dynamics: (revolutionary) rupture – transition – constitution. This structure makes useless (conceptually unusable, and perhaps sources of logical contradictions) both rupture and transition. The second and final movement underlines the theoretical demand to consider the transition and the constitution as coextensive domains. Transition is, in other words, already Constitution, and the constitution is always a transition. To the latter ones, we introduce and add another phenomenon characterizing the historical phase of the transition, namely the Resistance. The fact of resistance escapes the constitutionalisation, and imposes upon the latter a necessary character of transition.
7
Yankson-Mensah, Marian. "Transitional justice and constitutionalism: The case of Ghana." South African Journal of Criminal Justice 33, no. 3 (2020): 543–62. http://dx.doi.org/10.47348/sacj/v33/i3a2.
Анотація:
The delicate process of constitution-making during transition covers a range of issues, but usually features questions on how to address past human rights violations, change repressive laws, recognise basic rights and reform state institutions. Hence, the constitution-making process can have significant implications on the transitional justice mechanisms that are adopted and how they are implemented. In the case of Ghana, the 1992 Constitution came into force after decades of political instability. On 28 April 1992, a draft constitution for Ghana’s fourth republic was approved in a referendum. As part of the transitional provisions in the 1992 Constitution, amnesty provisions were enshrined to protect members of all previous military regimes from prosecution. However, the 1992 Constitution did not contain express provisions for initiation of other transitional justice mechanisms. In a bid to reflect on the rarely examined relationship between transitional justice mechanisms and constitutionalism, this paper shall examine Ghana’s amnesty laws, truth commission and reparative measures in relation to the constitution-making process and constitutional norms. The paper opines that as separate processes towards a common end, proper synchronisation of Ghana’s transitional justice processes and constitution-making could have shaped the country’s transitional justice mechanisms in the right direction towards achieving their perceived goals.
8
Guthrie, Brynne. "‘Guardian of the Solemn Pact’ – The Role of the Constitutional Court in South Africa’s Constitutional Transition." Max Planck Yearbook of United Nations Law Online 23, no. 1 (December 3, 2020): 355–85. http://dx.doi.org/10.1163/18757413_023001013.
Анотація:
The Constitutional Court of South Africa has played a unique role in the country’s constitutional transition. This paper starts by detailing the historical and political context of the Interim Constitution which created the Constitutional Court and the constitutional principles. The article describes the approach of the Court in the First Certification Judgment (1996), analysing the impact of the Constitutional Court’s decision on the drafting of the final Constitution and the public more generally, before briefly outlining the role that the Court continues to play in protecting constitutional democracy as a ‘Guardian of the Solemn Pact’.
9
Elster, Jon. "Transition, constitution-making and separation in Czechoslovakia." European Journal of Sociology 36, no. 1 (May 1995): 105–34. http://dx.doi.org/10.1017/s0003975600007128.
Анотація:
This article discusses political developments in Czechoslovakia and the two successor states from November 1989 to the end of 1992. Three main topics are explored: the failure to write a new constitution for Czechoslovakia, the breakup of the country, and the making of new constitutions in the Czech and Slovak Republics. The author argues against the view that the breakup of the Czechoslovak federation was analogous to the breakup of the Yugoslav or Soviet federations. Instead he suggests the inherent instability of any two-member federation as the structural cause, and economic conflicts as the triggering cause, of the breakup.
10
Wanka, Anna. "My Home is My Castle/My Home is My Prison." Anthropological Journal of European Cultures 32, no. 1 (March 1, 2023): 60–81. http://dx.doi.org/10.3167/ajec.2023.320105.
Анотація:
Abstract This article focuses on the co-constitution of the home and age(ing) in the retirement transition, that is, how the experiences of home change in the transition from work to retirement, and how the experiences of retiring change with transformations of the home. The article first outlines current literature on transitions in later life and the home. Subsequently, it presents data from the project ‘Doing Retiring’ along three lines of inquiry: meanings, practices and negotiations of and within the home, and how they change across the retirement transition. Finally, it discusses implications of understanding the transition from work to retirement and the home as not merely related, but co-constitutive. It concludes by suggesting a ‘doing’ approach to life course transitions which focuses on socio-material practices and thus offers a prominent place in transition research to spatiality, materiality and processuality.
11
Patlachuk, Vasyl. "Comparative analysis of quantitative indicators of Polish Constitutions." Legal Ukraine, no. 10 (November 27, 2020): 34–41. http://dx.doi.org/10.37749/2308-9636-2020-10(214)-6.
Анотація:
The process of development of Polish constitutionalism is considered in the work. The first legal act, which had the features of the Constitution were the Articles of King Henry of Valois. The reason for preparing this document was the need to conclude an agreement between the heir to the French throne and the Polish nobility, who wanted to preserve their rights and freedoms. The content of this document was influenced by the Great Charter of Freedoms «Magna Garta» of 1215, which reflected the mechanism of limiting state power through the establishment of material and procedural requirements for its implementation. In order to conduct a comparative analysis of the Constitutions adopted in Poland, the method of quantitative indicators proposed by O. L. Kopylenko and B. V. Kindyuk was used, which calculated the number of signs in different articles, chapters, sections, parts of regulations. According to this methodology, the Articles focused on the work of the Seimas – 17%, military issues – 6.7%, the judiciary – 5.6%. In jurisprudence, it is common to distinguish four main stages of the formation of constitutionalism: I generation – the end of the XVIII century. — the beginning of the XIX century; II generation — the period after the First World War; III generation — the stage after the end of the Second World War; Generation IV – the time after the collapse of the USSR. Based on this classification, the Polish Constitutions belong to the first generation: the Constitution of May 3, 1791; Constitution of the Duchy of Warsaw of 1807; Constitution of the Kingdom of Poland in 1815. The Constitutions of the first generation include: the Constitution of May 3, 1791; Constitution of 1807; Constitution of the Kingdom of Poland in 1815. The constitutions of the second generation were adopted in the period after the end of the First World War, they reflected the processes of democratization of social and democratic life of countries and enshrined a significant amount of socio-economic human rights. Based on this classification, this group includes: the Constitution of the Polish People’s Republic of 1919; Constitution of the Republic of Poland of 1921; Constitution of the Republic of Poland of 1935. The constitutions of the third generation were adopted in the period after the end of the Second World War, and their content reflected the doctrine of the liberal model. Formally, this group included the Constitution of the Polish People’s Republic of 1952, but it was adopted during the Soviet occupation and introduced the Stalinist model of constitutional relations in the country. Generations of the IV generation were adopted after the collapse of the Soviet empire and reflected a new stage of state formation. In Poland, such a constitutional act was the 1997 Constitution of the Republic of Poland, which was to ensure the transition from a socialist model to a market democratic state governed by the rule of law, the stabilization of national statehood and the proclamation of accession to the European Union. The next stage of the study is a comparative analysis of the quantitative indicators of the Polish Constitutions, which showed that the total number of signs during this historical period varied from the minimum in the Articles of Heinrich Valois — 14 640 zn. to the maximum — 89 524 zn. in the Constitution of the Republic of Poland in 1997. An important indicator of the structure of constitutional acts is the number of articles (articles), which varied in a fairly wide range from 12 in the Constitution of 1791 to 243 in the Constitution of the Republic of Poland in 1997. Key words: Polish constitutionalism, quantitative indicators, comparative analysis, Articles by Heinrich Valois, total number of characters.
12
Bakó, Beáta. "Governing Without Being in Power? Controversial Promises for a New Transition to the Rule of Law in Hungary." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 82, no. 1 (2022): 223–54. http://dx.doi.org/10.17104/0044-2348-2022-1-223.
Анотація:
After 12 years of the governance of the national-conservative Fidesz in Hungary, from 2020 on, there seemed to be a real chance that the united opposition would win the election in Spring 2022. But even if the current opposition governs, either from 2022 or later it will face serious problems about really being in power, as Fidesz cemented all significant rules, institutions and positions into the constitution and cardinal laws. These can only be amended with a two-thirds majority in parliament, and it is very unlikely that the opposition could win such a large majority. A unique situation is likely to occur within the European Union (EU): a member state will be facing dilemmas of constitutional transition, while as an EU-member, it was not (and could not be) considered as a dictatorship, from which exceptional transitions are the only way out. This article argues why a new government should avoid illegitimate constitution making or constitution amending without the required majority at all costs and suggests alternative solutions for living with ‘Fidesz’s constitution’.
13
Chirwa, Danwood Mzikenge. "A FULL LOAF IS BETTER THAN HALF: THE CONSTITUTIONAL PROTECTION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN MALAWI." Journal of African Law 49, no. 2 (October 2005): 207–41. http://dx.doi.org/10.1017/s0021855305000148.
Анотація:
CHIRWA, DANWOOD MZIKENGE, A full loaf is better than half: the constitutional protection of economic, social and cultural rights in Malawi, Journal of African Law, 49, 2 (2005): 207–241The last two decades have seen a new wave of constitution-making in Africa as many countries changed from autocracy to democracy. Malawi followed the trend by adopting a new Constitution in 1994 to mark the end of a 30-year, dictatorial one-party regime. This Constitution breaks with traditional constitutions by recognizing economic, social and cultural rights. However, few of these rights are entrenched in the Bill of Rights as justiciable rights. The rest are enshrined as unenforceable principles of national policy. These provisions and the jurisprudence they have generated thus far are discussed critically. It is argued that while the Malawian Constitution deserves acclaim for recognizing these rights, the model adopted for protecting them fails to give full effect to the notion of the indivisibility of all rights and is not good enough for a poor country, which is also in transition to democracy. Not only was Malawi's choice of this model not preceded by a careful and reasoned examination of the existing models and the local circumstances, it was also made without wide public consultations. The ways, based on the existing constitutional provisions, in which the protection of these rights can be improved are explored.
14
Ghosh, Shyamali. "Constitutional Changes in Bangladesh: Process of Political Development." India Quarterly: A Journal of International Affairs 42, no. 4 (October 1986): 391–404. http://dx.doi.org/10.1177/097492848604200403.
Анотація:
The Peoples' Republic of Bangladesh initially adopted a constitution in 1972 that sought to direct the state power to develop ways and means for the society's transition to a socialistic economic order through a secular parliamentary democracy.1 Today, through constitutional changes, Bangladesh is neither a parliamentary democracy, nor does it follow a path to a socialistic economy. Secularism also is no longer a constitutional dictum.2 These clearly indicate changes in the fundamentals of the Constitution (1972), and such changes, wheneuer they occur, require probing in terms of the basis, the process and method of constitution making, constitution-amending and the legitimacy of these processes. The following analysis attempts to explore the Bangladesh case.3
15
Heiss, Claudia, and Patricio Navia. "You Win Some, You Lose Some: Constitutional Reforms in Chile's Transition to Democracy." Latin American Politics and Society 49, no. 03 (2007): 163–90. http://dx.doi.org/10.1111/j.1548-2456.2007.tb00386.x.
Анотація:
AbstractChile's 1989 constitutional reforms constituted a trade-off: the military gave up protected democracy provisions but acquired greater autonomy. The democratic opposition could accept or reject, but not modify, constitutional changes proposed by the outgoing dictatorship. This study addresses a very limited time period in the transition to democracy: the moment after the transition has been secured and transitional rules have been established. The dynamics of this period differ markedly from those in the larger democratic transition. The approach in this study complements alternative explanations of why the 1989 reforms benefited the outgoing dictatorship more than the incoming democratic government. Although the outgoing regime granted several opposition demands by reducing restrictions on political pluralism and eliminating barriers to political party activity, it also secured provisions that made the military more independent of civilian authorities than originally conceived in the 1980 Constitution.
16
Malagodi, Mara. "Dominion status and the origins of authoritarian constitutionalism in Pakistan." International Journal of Constitutional Law 17, no. 4 (October 2019): 1235–57. http://dx.doi.org/10.1093/icon/moz080.
Анотація:
Abstract The legal legacy of Dominion status in Pakistan (1947–1956) explains the rise, configuration, and normalization of authoritarian constitutionalism in the country. First, the article analyzes Pakistan’s Dominion constitution as both the constitutional framework to manage a difficult political transition and the juridical basis to frame the country’s new permanent constitution. It is argued that the adoption of an instrumental procedural approach to Westminster constitutionalism in Pakistan during the Dominion period led to the subversion of its substantive underpinnings from within. This approach had a critical long-term impact on the country’s constitutional developments and the framing of the permanent constitution, especially with regard to executive dominance. Second, the litigation over the governor-general’s dissolution of Pakistan’s first Constituent Assembly (1947–1954) illuminates the perils of New Dominion constitutionalism and the attempts by Pakistani constitution-makers in both Constituent Assemblies to frame a constitution departing from the Westminster model and to enshrine in the document checks and balances of a legal nature.
17
Kovalchuk, Vitaliy B., Bogdana B. Melnychenko, Kostyantyn B. Marysyuk, Yaryna S. Bohiv, and Svitlana O. Poliarush-Safronenko. "Constitutionalism or populism." Informatologia 55, no. 1-2 (2022): 98–109. http://dx.doi.org/10.32914/i.55.1-2.8.
Анотація:
The authors have conducted the political and legal analysis of such phenomena in modern civilization as constitutionalism and populism, their value and institutional foundations, and the negative impact of populist parties on the constitution transformations under democratic transition. The article proves that populists treat any legal procedures and institutions negatively, particularly those that cannot sat-isfy their goals. A means of political struggle populist parties resort to is the diminution of judiciary independence and the role of constitutional jurisdiction bodies. The experience of Central and Eastern European countries shows that it is almost impossible to combine populist legislation with the inde-pendence of constitutional jurisdiction bodies. The article emphasizes that populist parties, which enjoy a high credit of public trust, are trying to expand their powers by adopting populist constitutions.
18
Steuer, Clément, and Alexis Blouët. "The Notions of Citizenship and the Civil State in the Egyptian Transition Process." Middle East Law and Governance 7, no. 2 (August 31, 2015): 236–56. http://dx.doi.org/10.1163/18763375-00703001.
Анотація:
This article deals with two notions that have become central in the Egyptian political and constitutional transition process since 2011 – citizenship and the “Civil State” – and presents the struggle to define them that took place during the 2012 writing of the Constitution. Even though the principle of citizenship is not seriously contested by any of the important political players, its scope and relationship with Islamic normativity (subordination, preeminence, or independence) have both been fiercely debated. As for the notion of the Civil State, it is characterized by an important semantic haziness, which results in a political tension around the issue of its definition, although there is relative consensus in Egypt regarding the term itself. The political and legal struggles around the writing and the adoption of the 2012 Constitution reveal how the tension related to these two notions has been embodied in the discussions surrounding several constitutional articles.
19
GUNATILLEKE, Gehan. "The Constitutional Practice of Ethno-Religious Violence in Sri Lanka." Asian Journal of Comparative Law 13, no. 2 (September 17, 2018): 359–87. http://dx.doi.org/10.1017/asjcl.2018.11.
Анотація:
AbstractEthno-religious violence in Sri Lanka is a chronic problem, and it can be sustained even without the active support of a particular government. This understanding of violence prompts further reflection – both on the factors that drive such violence and the complex relationship between ethnicity, religion, and the Sri Lankan constitution. This article delves into the post-war context in Sri Lanka and examines how and why ethno-religious violence has persisted regardless of the government in power. It is presented in three sections. The first analyzes the current state of ethno-religious violence in Sri Lanka. The second offers a hypothesis on why such violence has persisted despite the democratic transition of January 2015. It argues that democratic transitions alone cannot prevent chronic ethno-religious violence due to certain factors that serve to entrench violence within the country’s constitutional practice. The final section discusses the relationship between ethno-religious relations, the nature of the Sri Lankan constitution, and the space for meaningful constitutional reform. It concludes that the Sri Lankan state – informed by Sri Lanka’s ‘political constitution’ – embodies a certain structural dispensation towards ethno-religious violence. Until this fundamental dispensation is in some way transformed, meaningful religious freedom and power sharing will remain elusive aims.
20
Wing, Susanna D. "‘Hands off my constitution’: Constitutional reform and the workings of democracy in Mali." Journal of Modern African Studies 53, no. 3 (August 10, 2015): 451–75. http://dx.doi.org/10.1017/s0022278x15000415.
Анотація:
ABSTRACTConstitutions in Africa are often considered fragile. Mali is an example of both constitutional crisis and constitutional durability. While Mali was upheld as a democratic model, the 2012 military coup might lead one to argue that Mali's recent history reflects constitutional weakness. However, the swift reinstatement of the constitution, popular commitment to its preservation, and attempts to pursue the post-coup transition in a constitutional manner all illustrate the domestic and international legitimacy of Mali's 1992 constitution. This article analyses the process of the proposed Malian constitutional referendum that, though constitutional in itself, contributed to the March 2012 overthrow of President Touré. It argues that the history of participatory constitutionalism in Mali contributed to the movement against the referendum. Constitutional reform is a necessity for an enduring constitution and this article sheds light on constitutional reform in states with weak legislatures, and illustrates the process of reform and the political divide that surrounded it in Mali. It provides a unique analysis of the crisis in Mali while at the same time making a contribution to our understanding of constitutionalism and constitutional reform in Africa.
21
Mukherjee, Gaurav. "Shaping Sovereignties: The Role of International Financial Institutions in Constitution-Making." AJIL Unbound 117 (2023): 251–56. http://dx.doi.org/10.1017/aju.2023.42.
Анотація:
How do international financial institutions such as the World Bank and the International Monetary Fund influence constitution-making processes? In this essay on Anna Saunders's “Constitution-Making as a Technique of International Law: Reconsidering the Post-war Inheritance,” I argue that the material dimensions of constitution-making are profoundly influenced by the discursive environment that institutions like the World Bank help create for political elites. I show how these institutions operate in opaque ways that are difficult to capture in the results of that constitutional process but serve to facilitate, expand, or contract the options available to constitution-makers to engage with material questions, especially those that involve historic injustice. My argument adds nuance to Saunders's claim that constitution-making traditions display a “relative separation from projects of global economic ordering.” Drawing on an example that Saunders uses, this essay engages with how an international financial institution—the World Bank—acted in a facilitative modality and influenced constitutional history and the current practices of land reform in South Africa since its negotiated transition in 1994. I then show how international financial institutions acted in a more prescriptive modality during the constitution-making processes in Hungary. I choose these countries as examples due to their canonical status for studying the influence of international assistance for constitution-making in the post-1991 moment. What these examples show is that while international financial institutions can guide “post-sovereign” constitution-making states toward better integration into the global economic framework, the sustainability of their constitutional arrangements often depends on broader domestic consensus.
22
Patil, Subhash. "INDIAS CONSTITUTIONALISM: AN EXAMINATION OF ITS HISTORICAL DEVELOPMENT AND CURRENT ISSUES." International Journal of Advanced Research 11, no. 09 (September 30, 2023): 1434–39. http://dx.doi.org/10.21474/ijar01/17666.
Анотація:
This paper explores the idea of constitutionalism in India, charting its development over time and evaluating current threats to the countrys constitutional system. The transition of India from colonial oppression to a democratic republic with a strong constitution is an impressive case study in the evolution of constitutions. The paper examines constitutionalisms tenets in the context of India, highlighting its importance in preserving the rule of law, democracy, and human rights. It also draws attention to some of the major issues that Indian constitutionalism is facing in the twenty-first century, including federalism, judicial activism, and minority rights protection. This essay sheds light on the distinct history of constitutionalism in India and its applicability in the modern world.
23
Kembayev, Zhenis. "Recent Constitutional Reforms in Kazakhstan: A Move towards Democratic Transition?" Review of Central and East European Law 42, no. 4 (November 14, 2017): 294–324. http://dx.doi.org/10.1163/15730352-04204002.
Анотація:
This article aims at examining the major principles and provisions of the constitutional structure of Kazakhstan in the context of the amendments introduced to the Constitution of Kazakhstan on 10 March 2017. In doing so, it provides an analysis of the fundamentals of Kazakhstan’s constitutional system as well as major constitutional provisions underlying the status of the capital, the status of individuals, the Kazakh-style strong presidency and weak parliament. The article provides background to Kazakhstan’s constitutional development and elections. It pays particular attention to the relationship between the President, the Parliament and the Government, but also expounds the influence of the President on the Constitutional Council and judicial bodies. Finally, it summarizes and demonstrates major features and problems of Kazakhstan’s constitutional system in order to provide an answer as to whether the recent constitutional reforms constitute a move towards the country’s democratic transition.
24
Kotzé, Louis J., and Paola Villavicencio Calzadilla. "Somewhere between Rhetoric and Reality: Environmental Constitutionalism and the Rights of Nature in Ecuador." Transnational Environmental Law 6, no. 3 (March 23, 2017): 401–33. http://dx.doi.org/10.1017/s2047102517000061.
Анотація:
AbstractToday, numerous constitutions provide for a rights-based approach to environmental protection. Based as they are on an instrumentalist rationality that seeks to promote human entitlements to nature, the majority of these rights remain anthropocentric. Although there are growing calls within academic and activist circles to reorient rights alongside an ecocentric ontology, only one country to date has taken the bold step to bestow rights on nature in its constitution. The Ecuadorian Constitution of 2008 announces the transition from a juridical anthropocentric orientation to an ecocentric position by recognizing enforceable rights of nature. This article critically reflects on the legal significance of granting rights to nature, with specific reference to Ecuador’s constitutional experiment. It first provides a contextual description of rights in an attempt to illustrate their anthropogenic genesis, and then explores the notion of environmental rights. The following part traces the discourse that has developed over the years in relation to the rights of nature by revealing aspects of an ecocentric counter-narrative. The final part focuses specifically on the Ecuadorian constitutional regime and provides (i) a historical-contextual discussion of the events that led to the adoption of the rights of nature; (ii) an analysis of the constitutional provisions directly and indirectly related to the rights of nature; and (iii) a critical appraisal of whether those provisions, so far, measure up to the rhetoric of constitutional ecocentric rights of nature in that country.
25
Kindyuk, Boris, Mykhailo Kelman, Vasyl Patlachuk, and Olexander Patlachuk. "History and Socio-Political Conditions of Preparation of the Polish Constitutions from 1919 to 1997." Universum Historiae et Archeologiae 2, no. 2 (October 11, 2020): 176. http://dx.doi.org/10.15421/26190212.
Анотація:
The purpose of article deals with the study of history of preparation and the reasons for the adoption of the Polish Constitutions in the period from 1919 to 1997 years. Research methods: dialectical, chronological, comparative, system-structural. Main results. The article shows that the history of the preparation of the Polish Constitutions in the period from 1919 to 1997 years occurred under the conditions of constant changes of socio-political factors, which was reflected in the state system, political, economic and social relations, rights and freedoms of the population. It is proved that the history of Polish constitutionalism has evolved in a complex vector from the insignificant in volume and scientific level of the Little Constitution of 1919, which was adopted in conditions of armed confrontation with Soviet Russia, to the 1997 Constitution, which complies with European standards. The influence of the historical personality of Marshal Jozef Pilsudski was investigated, who became the sponsor of the rebirth of independent Poland on the history of the preparation and adoption of the Polish Constitutions of 1919, 1921 years and the Constitution of 1935 in which the President of the country was given dictatorial powers during the period of war. It is shown that the Constitution of 1952, which was written according to Soviet models and based on instructions received from Moscow, had to consolidate in Poland a socialist model in which the Polish United Workers Party had a leading role in society. It is shown that the collapse of the Soviet Union led to the elimination of the communist system in Poland, the rise to power of democratic forces, which resulted the adoption Constitution 1997. The peculiarity of the Constitutional process was the fact that for the first time in the history of Poland on 25th May 1997 a referendum was held regarding its adoption. The Constitution 1997 was adopted in the context of a transition from command-administrative to a democratic system of government, so its content is marked by a democratic nature that ensured the creation of private ownership of all means of production and free trade. The historical reasons of the drafting of the Polish Constitutions have undergone a complex dynamic, which is connected with political changes in the country, which is reflected in the content of the ideas, doctrinal views and Basic Laws. The practical significance of the study lies in the use of Polish historical experience in the development of event scenarios in Ukraine in order to prevent errors in modern state-making. Originality. A comprehensive study of the history of Polish constitutionalism, taking into account socio-political reasons. Article type: descriptive.
26
Saati, Abrak. "Negotiating the Post-Revolution Constitution for Tunisia – Members of the National Constituent Assembly Share Their Experiences." International Law Research 7, no. 1 (August 9, 2018): 235. http://dx.doi.org/10.5539/ilr.v7n1p235.
Анотація:
Though the Tunisian transition to democracy faces challenges seven years following the 2011 revolution and four years following the enactment of the new constitution, the country still constitutes a ‘success story’, especially in comparison to neighbouring states that were also touched by the Arab Uprisings. This paper takes an interest in exploring the Tunisian constitution-making process, and especially the political elite negotiated compromises that took place in the National Constituent Assembly. How were Tunisian religious and secular political forces able to unite and compromise on a constitutional document; what motivated their actions during the constitutional talks? Ideologies, rational pragmatism, self-serving interests or something else? This is a pertinent question that has bearing for other states that are in transition from authoritarian rule, in which religious and secular political parties are struggling to draft the political rules of the game anew. This is a qualitative study, based on interviews with political representatives, from a broad range of Tunisian political parties, who were part of the constitutional negotiations. Their responses suggest that pragmatism and rationality took precedence over ideological positions during the negotiations, and that this was indispensable for a draft to be produced. Despite this, the study argues that ideologies were likely not irrelevant in the minds of the political elites who were negotiating the post-revolution constitution, and that previous agreements and discussions among these elites that were, in fact, based on ideological positions, facilitated the constitutional negotiations that took place in the aftermath of the ousting of Ben-Ali.
27
Bernard-Maugiron, Nathalie. "Egypt’s Path to Transition: Democratic Challenges behind the Constitution Reform Process." Middle East Law and Governance 3, no. 1-2 (March 25, 2011): 43–59. http://dx.doi.org/10.1163/187633711x591413.
Анотація:
This article will focus on the constitutional and legal developments that have taken place in Egypt since February 11, 2011, the date Hosni Mubarak was forced to step down, to show that behind technical and theoretical issues lay fundamental political challenges. It will start with a general chronological analysis of the developments, before focusing on the debate around the sequence of institutional events, and on the criticisms addressed to the army. It will conclude with an analysis of the major challenges that the country will face in drafting a new constitution.
28
Sulardi, Sulardi. "Rekonstruksi Sistem Pemerintahan Presidensiil Berdasar Undang- Undang Dasar 1945 Menuju Sistem Pemerintahan Presidensiil Murni." Jurnal Konstitusi 9, no. 3 (May 20, 2016): 515. http://dx.doi.org/10.31078/jk935.
Анотація:
Indonesian governmental system is conducted based on 1945 Constitution. When varied constitutions were implemented in Indonesia in the past, the consequence is there were varied political systems. In 1999-2002, there were changes in 1945 Constitution. One of the objectives is to strengthen presidential system of government. It was expected that the amended Constitution could become the foundation of the good, effective, and efficient presidential system of government. In fact, the amended Constitution does not yet specified the characteristics of the presidential system of government, so there is awareness that a reconstruction into the presidential system of government is needed. Since 1945 independence until transition period, presidential system of government based on 1945 Constitution was conducted inconsistently because 1945 Constitution was arbitrarily interpreted by the presidents in their terms of office. Theoretically, there was a new concept on the presidential system of government, that is the pure presidential system of government. Practically, if the concept is included in 1945 Constitution, the consequence is that the president has relatively equal position among others state institutions. Then, the presidential system of government can effectively and efficiently run because each of state institutions, especially President and Parliament, can focus their attention to their tasks and duties.
29
Mérieau, Eugénie. "Democratic Breakdown through Lawfare by Constitutional Courts: The Case of Post-"Democratic Transition" Thailand." Pacific Affairs 95, no. 3 (September 1, 2022): 475–96. http://dx.doi.org/10.5509/2022953475.
Анотація:
Third-wave democracies have massively adopted mechanisms of judicial review, notably constitutional courts, considered key institutions of successful democratic transitions. By preventing abuses of the constitution and safeguarding people's rights, they act as a bulwark against the claims of potential autocrats. In Thailand, the 1997 democratic transition led to the adoption of a powerful constitutional court tasked with safeguarding democracy from the threats of populism, corruption, and authoritarianism. Yet since its inception, the court's record has been puzzling. It has dissolved most, if not all, of the pro-democracy, anti-military political parties, dismissed all elected prime ministers, and paved the way for two military coups. In short, against established theories linking constitutional courts to democratization, the introduction of constitutional review in Thailand has led to democratic breakdown. To make sense of this puzzle, this article will investigate three variables of the court—strategic interests, ideologies, and institutional design—within the larger bureaucratic structure of the Thai state, to account for the anti-democratic behaviour of Thailand's Constitutional Court. This piece considers materials in Thai and English.
30
Savić, Sanja. "Constitutionality in the Kingdom of Serbs, Croats, and Slovenes/the Kingdom of Yugoslavia – Between Covert and Overt Dictatorship." Miscellanea Historico-Iuridica 20, no. 2 (2021): 21–28. http://dx.doi.org/10.15290/mhi.2021.20.02.02.
Анотація:
The Kingdom of Serbs, Croats, and Slovenes was created on December 1, 1918 by proclamation of Regent Alexander I Karadjordjevic. The most important step regarding the organization of the newly formed state was the adoption of the constitution. The first constitution of the newly formed state was adopted on June 28, 1921, and in science it is usually called the Vidovdan Constitution. Due to a series of internal problems, on January 6, 1929, the king suspended the Vidovdan Constitution, dissolved the assembly and banned the work of political parties, and justified the coup by the highest national and state interests. The transition to an open dictatorship did not solve any of the political, economic, or national problems that led to the crisis. Despite the fact that the king announced his return to the constitutional order as soon as possible, this would happen only after two years. With the enactment of the constitution on September 3, 1931, there was no democratization of Yugoslav society, but the king’s open dictatorship was replaced by a constitutional one. The existence of the Kingdom of Serbs, Croats, and Slovenes/Yugoslavia in the period 1918–1941 in a political sense, was marked by the changes of a covert and open dictatorship, whereby the proclaimed democratic rights and freedoms represented only a show for the public. Through the paper, the author will analyze those constitutional provisions and the king’s actions that indicate this.
31
FUWONGCHAROEN, PULI. "‘Long Live Ratthathammanūn!’: Constitution worship in revolutionary Siam." Modern Asian Studies 52, no. 2 (January 15, 2018): 609–44. http://dx.doi.org/10.1017/s0026749x16000366.
Анотація:
AbstractSiam managed to replace royal absolutism with limited monarchy in June 1932 without any chaos or bloodshed. But the transition quickly proved to be far from complete. The country was to undergo a major upheaval before suffering a semi-civil war only about a year after the princely rule was toppled. The new regime, accordingly, began to consider its constitution as a symbol behind which the people could be mobilized. A massive campaign for the document was then launched in late 1933 and it soon culminated in what can be regarded as the practice of constitution worship. This article will look at the campaign in detail, especially with respect to its underlying logics; the aim is to reveal and analyse the attempt by the revolutionary regime to transform the first permanent constitution into a sacred entity. Meanwhile, in pursuing such an aim, this article will shed light on the formation of a constitutional culture in Siam. Given that a basic law had never existed in the country, the article will discuss not only how the state promoted the permanent constitution, but also how the Siamese society encountered and experienced constitutional rule for the first time.
32
Habel, Janette. "Cuba : une nouvelle constitution, pour quelle transition ?" Revue internationale et stratégique 111, no. 3 (2018): 125. http://dx.doi.org/10.3917/ris.111.0125.
33
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.
Анотація:
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.
34
Tahiri, Xhafer. "Judicial Activism or Constitutional Interpretation?: An Analysis of the Workings of the Constitutional Court of Kosovo." European Public Law 23, Issue 1 (February 1, 2017): 147–64. http://dx.doi.org/10.54648/euro2017008.
Анотація:
The article is an analysis of the workings of the Constitutional Court of Kosovo and investigates judicial activism of the Court. The Constitutional Court is established in the new Constitution of Kosovo; it is empowered with legal authority to review decisions and laws adopted by the Assembly of Kosovo regarding their constitutionality, and the constitutionality of laws or acts of the Government and institutions of public authority. The Court has broad legal authority to protect rights under the constitution, through broad ranging instruments for protecting those human rights guaranteed to all in Kosovo, including protection of ethnic minorities. The jurisdiction of the Constitutional Court of the Republic of Kosovo is wider, in scope than any other in the region of the Balkans: modeled upon the German Constitutional Court and it has a jurisdiction almost over every aspect of the actions of public authority. Therefore its study might be especially useful for comparative studies of the constitutional transformation and judicial empowerment in the countries in transition.
35
Gim, Gab-Seok. "Establishment of modern constitutionalism and Characteristics of Contemporary Social State Constitution." National Public Law Review 19, no. 2 (May 31, 2023): 31–49. http://dx.doi.org/10.46751/nplak.2023.19.2.31.
Анотація:
Where to find the origin of constitution called Contemporary Social State Constitution today, its origin is the constitutionalism. When looking back the history of mankind, the modern constitutionalism has still the significant meaning in Contemporary Social State Constitution on which its development is based today in that the freedom and the rights of people started to be guaranteed as the modern constitutionalism was established in the era when monarch used to exercise tyrannical sovereignty for a long time. Today, the constitution holding the status of highest law in the country regulates to restrict the arbitrary exercise of sovereignty through separation of power as a mechanism for guaranteeing the rights of the people and realizing them, and it still has the regulatory meaning in these days in that the starting point is the modern constituionalism constitution. Because the country in which the basic rights are guaranteed by constitution is often called the constitutional state, the constitutionalism and the constitutional state are inseparable. Modern constitutionalism presupposes modernity in terms of time, but it did not end in modern times, and its normative contents are still alive in today's Contemporary Social State Constitution. This study reviews the establishment of modern constitutionalism constitution from this view, and also examines how the normative contents are transformed and applied in Today’s Contemporary Social State Constitution. The results to compare Contemporary Social State Constitution with constitutionalism show, first, change from a night view state to a social state, second, substantialization of National Sovereignty, third, strengthening social rights guaranteeing from guaranteeing freedom, fourth, transition from formal rule of law to practical rule of law, fifth, securing the highest norm of the constitution through the constitution trial system. In comparison with modern constitutionalism, the normative contents of modern constitutionalism still have the effective meaning in Contemporary Social State Constitution, but it is shown as a characteristic of the Contemporary Social State Constitution. Like this, because the normative contents of constitutionalism still function as a key content in Contemporary Social State Constitution as well, it is said that the comparison of modern constitutionalism and Contemporary Social State Constitution is significant.
36
Levy, Jacob T. "FEDERALISM AND THE OLD AND NEW LIBERALISMS." Social Philosophy and Policy 24, no. 1 (December 18, 2006): 306–26. http://dx.doi.org/10.1017/s0265052507070136.
Анотація:
The transition from a relatively federal to a relatively centralized constitutional structure in the United States has often been identified with the shift from classical to welfare liberalism as a matter of public philosophy. This article argues against that distinction. The liberal argument for federalism is a contingent one, built on approximations, counterbalancing, and political power. A more federalist constitution is not automatically a freer one on classical liberal understandings of freedom. Neither is a more centralized constitution automatically a better match with the ideals of welfare liberalism. The article sketches a constitutional history of federalism from the founding, through an era in which centralization was aligned with skepticism about liberal constitutionalism (for both meanings of liberal), to an era in which centralization was aligned with increases in liberal freedom (for both meanings of liberal).
37
Zorkin, Valery D. "The Constitution of the Russian Federation is the legal basis for the integration of Russian society." Gosudarstvo i pravo, no. 2 (2022): 77. http://dx.doi.org/10.31857/s102694520018759-5.
Анотація:
The article analyzes the role of the Constitution of the Russian Federation in the creation and maintenance of the constitutional and legal basis for the integration of Russian society. The role of the Constitution as the most important factor in ensuring the socio-political stability and integrity of the Russian state during the country’s transition from socialism to democratic and legal development, as well as its enormous importance for the present and future of Russia. In contrast to the constantly sounding proposals for fundamental constitutional reform, the necessity and possibility of developing the great legal potential laid down in the constitutional text is justified. The author focuses on the problems that create the greatest social tension, as well as legal ways to remove this tension related to the protection of social rights of citizens, overcoming corruption, strengthening the constitutional and legal identity of Russians, the development of legal awareness of both the General population and the ruling elite.
38
Valle, Vanice Regina Lírio do. "JUDICIAL ADJUDICATION IN HOUSING RIGHTS IN BRAZIL AND COLOMBIA: A COMPARATIVE PERSPECTIVE." Revista de Investigações Constitucionais 1, no. 2 (August 31, 2014): 67. http://dx.doi.org/10.5380/rinc.v1i2.40511.
Анотація:
Cooperative constitutionalism is the watchword in the 21st. century, and the creation of a judicial network is an important tool to improve human rights protection. This paper intends to contribute in that field, reporting the constitutional framework and the main decisions held by the Brazilian and the Colombian Constitutional Courts in protecting housing rights. The comparison is justified by the historical proximity in the juridical transition in both countries – 1988 in Brazil and 1991 in Colombia –; and also by the clear inspiration that Colombia took in the Brazilian Constitution at the time of their Constituent Assembly. As the narrative may show, formal constitutional clauses were not the key element to assure some level of efficacy to the housing right; Colombian results seems to be more solid and based in normative parameters, even though the literal text of the constitution does not provide housing rights with immediate efficacy.
39
Halmai, Gábor. "The reform of constitutional law in Hungary after the transition." Legal Studies 18, no. 2 (June 1998): 188–96. http://dx.doi.org/10.1111/j.1748-121x.1998.tb00012.x.
Анотація:
In Hungary, a comprehensive amendment to the 1949 Constitution took effect on 23 October 1989. According to the new preamble of the considerably amended Constitution, the revision was needed ‘in order to promote the peaceful political transition into the rule of law realizing the multiparty system, parliamentary democracy and social market economy’. This amendment changed not only the state organisation, but also the regulation of human rights.The intention of distancing itself from the historical period of the past 40 years is expressed in para 1 of the amended Constitution, which proclaims that Hungary is a republic. With this, Hungarian constitution-making went back to a number of legal institutions incorporated in Act I of 1946 which is on the state form of Hungary adopted by the National Assembly, formed after the frst free elections after the Second World War.
40
Halmai, Gábor. "Rights Revolution and Counter-Revolution: Democratic Backsliding and Human Rights in Hungary." Law & Ethics of Human Rights 14, no. 1 (May 26, 2020): 97–123. http://dx.doi.org/10.1515/lehr-2020-2013.
Анотація:
AbstractThe Article discusses the democratic backsliding after 2010 in Hungary, and how it affected the state of human rights in the country, a Member State of the European Union. The main argument of the Article is that paradoxically the non-legitimate 1989 constitution provided full-fledged protection of fundamental rights, while the procedurally legitimate 2011 constitution-making resulted in curtailment of rights and their constitutional guarantees. The Article first describes the democratic transition that occurred in 1989–1990 as a rights revolution and the results of the 2011 “illiberal” constitution, called Fundamental Law, as counter-revolution. The second part of the Article illustrates the constitutional and statutory regulation of human rights protection after this “rule of law revolution,” and the activist jurisprudence of the first Constitutional Court using the concept of an “invisible constitution” to protect human rights. The third part discusses the rights provisions of the new Fundamental Law and several statutes dismantling the guarantees of human rights, with special attention to the decreased possibilities of state institutions, such as the Constitutional Court, the ordinary judiciary and ombudsmen, as well as civil society organizations to effectively protect fundamental rights. The fourth part assesses the efforts of European institutions to force the Hungarian government to comply with the human rights standards laid down in the European Convention of Human Rights and in the Treaty of the European Union. The Article concludes that neither internal nor external challenges could prevent the development of a new authoritarian regime with no guaranteed human rights.
41
Dzidzoev, Ruslan Mukharbekovich. "The questions of organization of state power in new revision of the Constitution of the Russian Federation." Право и политика, no. 9 (September 2020): 156–66. http://dx.doi.org/10.7256/2454-0706.2020.9.33640.
Анотація:
The subject of this research is the organization of state power in Russia in light of the amendments to the Constitution of the Russian Federation introduced in 2020 that require systematic scientific assessment. The object of this research is the legal acts that laid groundwork for the constitutional reform in Russia: Presidential Address to the Federal Assembly of the Russian Federation of January 15, 2020, Law on Amendments to the Constitution of the Russian Federation, Opinion of the Constitutional Court of the Russian Federation on correspondence of the amendment to the current Constitution of Russia. The author examines the content of the constitutional amendments, their reference with legal logic and requirements for the constitutional progress in Russia. The following conclusions were formulated: the significance and magnitude of the recent constitutional amendments allows speaking of the large-scale constitutional reform that adumbrates the new stage of constitutional evolution in Russia that results in the reform of state superstructure; constitutional amendments noticeably changes the configuration of state power with regards to ratio of the branches of power, checks and balances, objects and redistribution of the institutions of state power, which testifies to transition of the Russian Federation from semi-presidential (presidential-parliamentary) form of government towards presidential, characterized by dominant role of the President within the state system. The novelty of this research lies in analysis of the new constitutional provisions that describe the content of the Russian constitutional reform in the aspect of characteristics of the leading institutions of state power.
42
Lunau, Ralf. "Hypotheken der Vergangenheit: Geschichte und Rahmenbedingungen der aktuellen Verfassungsgebung in Chile." Zeitschrift für Parlamentsfragen 53, no. 3 (2022): 667–90. http://dx.doi.org/10.5771/0340-1758-2022-3-667.
Анотація:
Between July 4th, 2021 and July 4th, 2022, a Constitutional Convention met in Santiago de Chile to draft a new constitution for the Republic of Chile. Tue convening of this body was preceded by social unrest in October 2019, which fundamentally called into question the semblance of the country’s social and political stability. Constitutional legacies from the time of the civil-military dictatorship have survived the years of transition to democracy and the rule of law and, with their long-term effects, have caused an institutional rigidness in the country that contributed significantly to the insolvability of pending social problems. Tue analysis of what came before the current constitutional process not only proves to be the key to understanding this process and the draft of the constitution itself. It also offers exemplary insights into the immanent contradictions of comparable transformation processes that Chile has undergone in the approximately thirty years since the end of the dictatorship.
43
Luna, Tania. "La paz en el espejo del constitucionalismo colombiano: la promesa incómoda de la Constituyente de 1991 y su resignificación en el constitucionalismo de la transición." Latin American Law Review, no. 12 (April 4, 2024): 71–92. http://dx.doi.org/10.29263/lar12.2024.04.
Анотація:
Peace is a right and a duty of obligatory compliance with the literal wording of Article 22 of the 1991Political Constitution. Its arrival in Colombian constitutionalism is commonly presented as a rupture resulting from a national scenario of consensus and generalized clamor for peace in the early 1990s. However, although the right to peace was included for the first time as a right in the 1991 Constitution,peace as a constitutional value has been present as a quest in the history of Colombian constitutionalismand has been recurrently appealed to in moments of constitutional change in which the law has reclaimed from violence its role as organizer and recuperator of the thread of time. Thetext presented here defends the central idea that the Colombian Constitutional Court re-signified the constituent history around peace in times of transition and the duty of memory around the 2016 Peace Agreement, choosing a romanticized and foundational version of the past that freezes in timeother pasts, subjects and alternative visions of peace.
44
Шуберт, Татьяна, and Tatyana Shubert. "Stages of Development of the Soviet Statehood of 1917—1940 and their Estimation in Works of Soviet Scientists." Journal of Russian Law 2, no. 7 (September 18, 2014): 117–26. http://dx.doi.org/10.12737/4830.
Анотація:
In this article the three stages of development of the Russian Constitution (1918, 1925, 1937), are discussed each of represents a certain phase of the constitutional development of the Soviet state. The first stage (1917—1925) is characterized with the transition from capitalism to socialism, the second one stages (1925—1937) is associated with the adoption of the Constitution of the RSFSR in 1925, reflecting changes in the state-building — the formation of the unanimous union of the republican states — the USSR and delegating some mostly important items to it, the formation of the new autonomous regions, the end of the civil war and the reconstruction of the national economics. The third stage (1937—1940) is connected with the adoption of the Constitution of the RSFSR in 1937 (based on the Stalin Constitution of the USSR), which was characterized with the victory of socialism, the industrialization of the country and the collectivization in the agriculture, sphere of economics, the construction of a society without exploiting classes based on the alliance of the working class and the peasantry.
45
Munawar, Ch Shahzad, and Muhammad Mushtaq. "EVOLUTION OF FEDERALISM IN PAKISTAN: A CONSTITUTIONAL STUDY." Pakistan Journal of Social Research 04, no. 04 (December 31, 2022): 468–79. http://dx.doi.org/10.52567/pjsr.v4i04.831.
Анотація:
The primary goal of this study is to critically evaluate the origin and growth of federalism in Pakistan since its inception in 1947. This historical analysis scrutinizes constitutional development in relation to the federal provisions of various constitutional proposals and amendments adopted by the Pakistani parliament. Historically, the federation has been centralist in its approach. Unlike its counterparts, it established a unicameral legislature under its constitutions of 1956 and 1962. However, Pakistan's 1973 constitution not only granted provinces considerable provincial autonomy but also established a bicameral legislature and granted parity representation to units in the federal chamber. This paper claims that the federation underwent a major transition in 2010 when the parliament passed the 18th constitutional amendment that reformed the federal structure substantially. It is argued that since the enactment of this amendment, self-rule and shared rule, which is the essence of federalism, is strengthened in Pakistan. In this context, this study examines how this amendment has led to legislative, administrative, and fiscal decentralization and enhanced the role of the Senate and Council of Common Interests in Pakistan. Keywords: Federalism; Pakistan; British India; Self-rule; Shared rule; 18th constitutional amendment
46
Belkeziz, Abdelilah. "Morocco and democratic transition: a reading of the constitutional amendments – their context and results." Contemporary Arab Affairs 5, no. 1 (January 1, 2012): 27–53. http://dx.doi.org/10.1080/17550912.2012.645665.
Анотація:
This article, originally delivered in the Fall of 2011 at a seminar held in Beirut at the Centre for Arab Unity Studies, examines the 2011 amendments to the Moroccan Constitution in light of the historical background. The tumultuous events of the so-called ‘Arab Spring’ brought new urgency to the issue of constitutional reforms that had been broached initially on the accession of Muhammad VI to the throne in 1999. Since independence, Moroccan political society has typically been vibrant, democratic and home to numerous political parties of various orientations and, since the 1970s, has witnessed calls by various sides for constitutional reforms as well as for the institution of a constitutional or parliamentary monarchy. On 9 March 2011 Muhammad VI gave a momentous address subjecting the issue of royal authority to public deliberations. This topic had previously ranked as one of the few unapproachable taboos of the political scene. A vital driving force in the process of constitutional reform has been the youthful February 20 Movement that was instrumental in the mobilization of millions of Moroccans and led to submitting the new draft Constitution to popular referendum and its ratification on 1 July 2011. Unlike other Arab countries, Morocco's functioning democracy, its well-established political parties and the fact that the issue of constitutional reforms had already been on the table meant that when Moroccans descended into the streets they had a set of clearly defined demands – demands that were also less drastic than those being made in other countries. Yet while Moroccan politics have been highly developed and articulate since the 1940s, the events of the Arab Spring provided the necessary shock and catalyst to transform relative complacency into action. The dense topography of mature political parties and organizations in Morocco factored in two ways: first, it permitted a stable environment for democratic transition, which was not new as a concept; and in a somewhat less positive regard, the compromises and concessions to numerous sides dictated by Moroccan political pluralism led – in the drafting of the amended Constitution – to a document of somewhat indistinct character. The King's authority, in particular, is not so limited as a contemporary parliamentary monarchy and he retains a distinct set of powers, particularly under the aegis of his role as ‘Commander of the Faithful’ (Amir al-Mu'minin). Nevertheless, there have been significant changes and this article examines the nature of these, their genesis and links to various political trends and parties. The uniqueness of the Moroccan model is demonstrated, though other Arab countries, notably Jordan, may follow a similar path.
47
Yasinskaya-Kazachenko, A. V. "From the factory to the constitutional interim mechanism a fair share of the rewards for economic results of work." Voprosy trudovogo prava (Labor law issues), no. 5 (May 23, 2021): 336–42. http://dx.doi.org/10.33920/pol-2-2105-01.
Анотація:
As stated in the ILO Constitution, the most important principle of social justice — labor is not a commodity, so this principle is closely related to the establishment of state guarantees to ensure a mechanism for a fair share of remuneration for economic results of labor. The article shows the transition from factory to constitutional security mechanism of a fair share of remuneration for economic results of labor.
48
Nexhipi, Adelina. "Referendum on the Constitution dated November 6, 1994 in Albania (The associated political debate and reasons for its failure)." Technium Social Sciences Journal 24 (October 9, 2021): 740–61. http://dx.doi.org/10.47577/tssj.v24i1.4635.
Анотація:
The constitutional reform is one of the most debatable reforms in the Albanian transition period. One of the most critical moments is the Referendum on the Constitution dated November 6th, 1994. The way how this process took place, helps us to understand more about the nature and the dynamics of the Albanian events during the transitional period. The purpose of this descriptive - analytic study is to describe, analyze and evaluate the Referendum on the Constitution dated November 6th, 1994, in legal, procedural and political aspect as well as its effects on political life in Albania. To meet this objective, we will be delivering an analysis of all events and decisions that took place before, during and after the Referendum on the Constitution, concentrating on the procedures that followed, debates associated to the process, political and institutional attitudes, electoral campaigns, attitudes of political parties towards the content of the draft constitution, reasons of the popular “NO” to the referendum and its consequences. The study relies on official documents of Albanian and foreign institutions (such as OSCE, Venice Commission), the press (newspapers like “Zëri i Popullit”, “Rilindja Demokratike”, “Koha Jonë”) publications from domestic and foreign scholars and memories of the protagonists. At the end, it was concluded that the lack of political consensus and the willingness of political forces to come to an agreement with each other, made the attempt to give the country a constitution failed. The result of the referendum affected the political life in the country by increasing conflicts and political intolerance among the parties. There were problems within the Democratic Party and the governing coalition too.
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Danko, V. Y., and D. M. Byelov. "Adoption of the constitution: general principles." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 55–58. http://dx.doi.org/10.24144/2788-6018.2022.04.9.
Анотація:
It has been determined that the transition period in Ukraine, as elsewhere, is characterized by the confrontation of two legal orders - the old and the new, the main distinction of which is the attitude to the 1996 Constitution. The central issue of themodern constitutional debate is the issue of gaps in the Constitution, as well as the question of who will fill these gaps, how and in what direction.The authors try to establish the main problems of the procedure for the adoption of the basic law that are relevant today through the prism of a comparative legal analysis of the procedure in foreign countries. It is indicated that the special significance of the Basic Law in the life of society and the state and its supremacy in the legal system raise the problem of using certain special forms (procedures) of its adoption. Adoption of the constitution should be understood as a complex process of deep political and legal significance, a process in which at least the following elements can be accurately identified:a) situations in which the new Constitution is adopted; b) the initiative to adopt the Constitution; c) competent body (constitutional or constituent power); d) methods of acceptance.Summarizing the experience of foreign countries regarding the adoption of the basic law and the introduction of amendments to it, it is noted that although the most common means of direct democracy is a referendum, however, in international practice there are no cases when changes to the basic law were brought directly to the discussion of citizens (constitutional referendum), and its results would automatically acquire higher legal force and would not require additional coordination with the country’s parliament. As an exception, it is possible to consider issues that determine the foundations of the state system,namely: issues of sovereignty, independence, state organization, or neutrality. In foreign countries (first of all, European countries), a preliminary discussion and approval of draft amendments to the constitution by a representative body is practiced, followed by the submission of the text of the draft law to a referendum.
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Arifin, Ridwan, and Saktiani Nurul Hidayat. "Organizing Democracy through General Elections in Indonesia: The Challenge of Law Enforcement and State Stability." JURNAL SOSIAL POLITIK 5, no. 2 (December 27, 2019): 333. http://dx.doi.org/10.22219/sospol.v5i2.7670.
Анотація:
One of the developments in Indonesia's political democracy is marked by the existence of legal framework that state sovereignty belongs to the people and is carried out in accordance with the 1945 Constitution. On the basis of the formulation of leadership succession in the executive and legislative branches it is mandated by Article 22 E paragraph (2). However, in practice the constitutional arrangement in Law Number 42 of 2008 concerning the General Election of the President and Vice President shows that it is inconsistent with statements in the constitution. As stipulated in Article 3 paragraph (5) states that the election of the President and Vice President is held after the election of the DPR, DPD and DPRD. At the end of the Constitutional Court through Decree No. 14/PUU-XI/2013 states that the selection of models is unconstitutional. Based on this assessment the constitutionality of the norm selection method is based on the simultaneous interpretation of the constitution both from the initial intentions and historical interpretations. The simultaneous constitutional electoral plan was called born as an effort to shift the direction of the transition to democracy in a strengthening system so that democratic consolidation of direct democratic practices tends to be transactional, corrupt, manipulative, high cost and to preserve power can be minimized in the practice of constitutional democratic dimensions to understand and sovereign.