4,358 results on '"CONSTITUTIONAL reform"'
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2. Senedd Reform: From Aspiration to Cold‐Headed Reality?
- Author
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Evans, Adam
- Subjects
- *
ELECTORAL reform , *PROPORTIONAL representation , *CONSTITUTIONAL reform , *LEGISLATIVE power , *ELECTIONS - Abstract
In May 2024, the Senedd Cymru (Members and Elections) Bill completed its legislative journey through the Senedd Cymru/Welsh Parliament. The bill marks the latest chapter in the Senedd's evolution from an assembly established with no formally separated executive branch and no primary legislative powers into a lawmaking and tax‐raising parliament. It also marks the culmination of a long‐running debate about the size of the Welsh legislature. For at least twenty years there had appeared to be a broad agreement that the Senedd was too small, its capacity too thinly spread and that a larger membership of at least eighty, but closer to ninety or 100, members was required. In those respects, the Senedd Cymru (Members and Elections) Bill can be seen as the culmination of that long‐established consensus. However, as this article will explore, in one key area—the choice of electoral system—the bill marks a key point of departure. [ABSTRACT FROM AUTHOR]
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- 2024
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3. Beyond the First Nations Voice to Parliament: Who “owns” the state?
- Author
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O'Sullivan, Dominic
- Subjects
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INDIGENOUS Australians , *STATE power , *CONSTITUTIONAL reform , *CONSTITUTIONAL amendments , *GOVERNMENT executives , *MAORI (New Zealand people) , *INDIGENOUS peoples - Abstract
In 2023, Australian voters defeated a constitutional amendment to establish a First Nations' Voice to Parliament. This representative body would have been empowered to make representations to parliament and executive government. It was proposed by First Nations people as the first stage in a Voice, Treaty, Truth process of political and constitutional reform. As the implications of this defeat are considered, it is instructive to examine what lessons New Zealand's politics and policies of Māori self‐determination may contribute to local deliberations, including on the principles that could inform treaties such as those under consideration in the state of Victoria. The ongoing point of contention in both countries has profound implications for how and why policy is made, for whom and by whom. The point of contest is over who, in practical political terms, “owns” the state and, therefore, its policymaking systems? Are First Nations people shareholders in state authority, or should they reside always on its periphery? If not, what are the terms of their inclusion? [ABSTRACT FROM AUTHOR]
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- 2024
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4. CADENAS, REDES Y RELACIONES EN LA POLÍTICA DE FORMACIÓN DE LOS DOCENTES EN SERVICIO 2018-2024.
- Author
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INCLÁN ESPINOSA, CATALINA and ABELLÁN FERNÁNDEZ, JORDI
- Subjects
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EDUCATION policy , *TEACHER training , *GOVERNMENT agencies , *CONSTITUTIONAL reform , *TEACHER educators - Abstract
This article aims to contribute to the debate on basic education teacher training policies in Mexico during the 2018-2024 period. The analysis strategy starts with a review of the discursive constituents conditioning the educational policy, followed by an assessment of the aspects that impacted the transmission of information, and concludes by examining the instruments that made up the structure of the training system. The constitutional reforms of 2019 were supposed to meet the commitment to revalorize the teaching function and to have an impact on the actors in charge of public policies, although, throughout the six-year term, the federal and state agencies responsible for lifelong learning lacked coordination and articulation. [ABSTRACT FROM AUTHOR]
- Published
- 2024
5. The Constitution and the American Left.
- Author
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Rana, Aziz
- Subjects
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ABOLITIONISTS , *LABOR activists , *MINORITY rule , *CONSTITUTIONALISM , *CONSTITUTIONAL reform - Abstract
The U.S. Constitution is profoundly undemocratic, as generations of abolitionists, socialists, labor activists, and Black radicals have loudly proclaimed. Just as it did a hundred years ago, the document creates an infrastructure for minority rule—a specific and very American brand of white authoritarianism. This is because the Constitution organizes representation around states rather than the principle of one person, one vote. And it fragments and undermines popular authority through endless veto points. The consequences today are numerous: presidents elected who lose the popular vote; a Senate that gives vastly more power to voters in Wyoming than in California; an impassible route for constitutional amendments; a tiny, lifetime-appointed Supreme Court that repudiates popular policies, including the right to abortion, and elevates the president above the law—abetting a culture of impunity. [ABSTRACT FROM AUTHOR]
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- 2024
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6. President's constitutional powers and public activism: a focused analysis of presidential speeches under Finland's two presidencies.
- Author
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Kujanen, Maarika, Koskimaa, Vesa, and Raunio, Tapio
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NEW Year ,HEADS of state ,EXECUTIVE power ,CONSTITUTIONAL reform ,POLITICAL parties - Abstract
Changes in formal powers of political actors like presidents are expected to impact their behavior. This study examines speeches that presidents can utilize for a variety of purposes ranging from topical reflections to new political initiatives and criticism of the government and political parties. In semi-presidential regimes, presidents are often constitutionally weaker than governments, but their popularity opens the possibility of using the public platform for swaying the minds of citizens or politicians. We analyze the tone and content of Finnish presidents' New Year's messages and parliamentary speeches from 1932 to 2023. To contribute to the long-standing literature on regime effects, we gauge the impact of Finland's comprehensive constitutional reform that stripped off most powers of the presidency that was formerly considered among the strongest in Europe. The results show that presidential activity changed already in the mid-1990s when the reform was still underway, and presidents appointed since then speak systematically less about domestic policy and emphasize national unity and citizens, indicating that constitutionally weaker presidents recognize their jurisdictional limits and lean more on their role as directly elected heads of state operating above political parties. [ABSTRACT FROM AUTHOR]
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- 2024
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7. Abortion Law Illiberalism and Feminist Politics in Comparative Perspective.
- Author
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Erdman, Joanna N. and Bergallo, Paola
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ABORTION laws ,LAW reform ,EUROPEAN law ,CONSTITUTIONAL reform ,COMPARATIVE government - Abstract
Since the 1970s, a liberal politics has dominated comparative abortion law, one almost too ubiquitous to name. This article tracks departures from liberal abortion law in Europe and the Americas that have reshaped the field of comparative abortion law. Section 2 examines the repurposing of liberal abortion law for illiberal ends in a conservative moment of authoritarian governments and their anti-gender campaigns. Drawing on larger ideas of autocratic legalism, the article analyzes how governments and courts have used the features of liberal abortion law to revoke or defeat abortion rights. Section 3 examines the counter-emergence of a feminist protest politics that has abandoned liberal abortion law in a democratic remaking of society and state. Today, in abortion lawmaking through democratized institutions and in the unmaking of abortion law through direct action, feminist movements are reclaiming comparative abortion law and its politics. [ABSTRACT FROM AUTHOR]
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- 2024
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8. Duration in power and happiness in the world.
- Author
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Avom, Désiré, Mondjeli Mwa Ndjokou, Itchoko Motande, Tsopmo, Pierre C., Abdramane, Cherif, and Asongu, Simplice A.
- Subjects
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QUANTILE regression , *QUALITY of life , *LIFE satisfaction , *PUBLIC spending , *CONSTITUTIONAL reform - Abstract
Related Articles This article examines the effect of leader longevity in power on world happiness. To make the assessment, a sample composed of 135 countries observed over the period 2006 to 2018 was constituted. The results obtained from OLS estimates show that longevity in power reduces individual happiness. Furthermore, the negative effect is more amplified in democratic countries. Quantile regression reveals variability in the effect over the different intervals. These results are robust to the use of alternative estimation techniques. We also identify the quality of institutions and public spending as two potential transmission channels through which longevity in power influences well‐being. These results invite political authorities to respect constitutional limits or implement constitutional reforms with the aim of limiting the duration of the mandate of the executive in order to reduce the harmful effect of an extension of the latter on individuals' well‐being.Flavin, Patrick, Alexander C. Pacek, and Benjamin Radcliff. 2011. “State Intervention and Subjective Well‐Being in Advanced Industrial Democracies.” Politics & Policy 39(2): 251–69. https://doi.org/10.1111/j.1747‐1346.2011.00290.x.Jakubow, Alexander. 2014. “State Intervention and Life Satisfaction Reconsidered: The Role of Governance Quality and Resource Misallocation.” Politics & Policy 42(1): 3–36. https://doi.org/10.1111/polp.12057.Kim, Hae S. 2017. “Patterns of Economic Development: Correlations Affecting Economic Growth and Quality of Life in 222 Countries.” Politics & Policy 45(1): 83–104. https://doi.org/10.1111/polp.12190. [ABSTRACT FROM AUTHOR]
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- 2024
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9. Constitutional Decline.
- Author
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Lazare, Daniel
- Subjects
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LEGAL judgments , *CONSTITUTIONAL reform - Abstract
The article examines competing commitments to the First Amendment and the Second Amendment of the U.S. Constitution by reviewing the arguments raised by Anthony Lewis in his book "Make No Law: The Sullivan Case and the First Amendment." It discusses the author's claims regarding constitutional interpretation in relation to the Supreme Court decision in the 1964 libel case "New York Times" v. Sullivan that favored the newspaper. It explores the need for constitutional reform in the country.
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- 2024
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10. Introduction to Symposium on Dimensions of Constitutional Reform: Should We Pursue a Constitutional Convention?
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Niemi, William L.
- Subjects
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CONSTITUTIONAL reform , *CONSTITUTIONAL conventions - Abstract
An introduction is presented in which the author discusses articles in the issue on topics including constitutional decline and the need for constitutional reform and a constitutional convention due to the U.S. Constitution's flaws.
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- 2024
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11. Constitutional Reform and the Problem of Distributive Justice.
- Author
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Den Otter, Ronald C.
- Subjects
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CONSTITUTIONAL reform , *DISTRIBUTIVE justice , *CONSTITUTIONAL conventions , *EQUALITY , *POVERTY reduction - Abstract
While Americans celebrate the Constitutional Convention of 1787, they are not nearly as enthusiastic about the prospect of another constitutional convention through the Article V process. The stakes would be high, including the possibility of rewriting the entire document. At present, calls for a new convention come much more from conservatives than progressives. Afraid of the risks, many progressives oppose such a convention, with the notable exception of Sanford Levinson, who for decades has railed against its antidemocratic features and adverse political effects. What is absent from the recent scholarship about a convention is a serious discussion about distributive justice. As an alternative to the dominant progressive approach underscoring democratic reform, my focus will be on how to protect the most vulnerable persons from financial insecurity through the constitutionalization of positive economic rights. This article also explains why progressive scholars must appreciate the deliberative and civic educational potential of a convention. For the time being, another convention is highly unlikely to result in meaningful constitutional reform. However, this situation could be a blessing in disguise. A new convention could spark a national conversation about distributive justice and what could be done to reduce economic inequality and alleviate poverty. [ABSTRACT FROM AUTHOR]
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- 2024
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12. Ethnic and racial violence and violations in the context of the Brazilian democratic crisis: a study of Black and Quilombola populations.
- Author
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Rios, Flavia and Miranda, Lara
- Subjects
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RACE discrimination , *CONSTITUTIONAL reform , *LEGAL rights , *ATTRIBUTION of news , *GROUP identity - Abstract
This article addresses the question of how the recent political context of Brazil shapes violations of various kinds against Quilombola communities in Brazil. Using data from online news sources, we track violations from 2016 to 2020 related to land disputes, physical attacks and threats, and environmental issues. We show that, despite the legal rights accorded to these communities since the 1988 constitutional reform and subsequent processes of democratisation, vested interests in the agricultural lobby and a later authoritarian turn, especially after 2016, led to a dismantling of social and economic policies for Quilombos. The violations suffered by these communities result from the denial of their collective identities as constitutional subjects and the non-recognition of their dignity, which are the product of historical processes of inferiorisation that have treated some people as non-subjects or not eligible to bear rights, based on colonial classifications but still present in the dominant society. [ABSTRACT FROM AUTHOR]
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- 2024
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13. Firm financial performance in the wake of political turmoil; whether political connection is propitious?
- Author
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Khan, Adnan Ullah and Iqbal, Athar
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CORPORATE directors ,ECONOMIC uncertainty ,ELECTORAL reform ,CONSTITUTIONAL reform ,RETURN on assets - Abstract
Purpose: This study aims to investigate the effect of political turmoil on the firm financial performance, particularly in presence of politically affiliated board of directors. Design/methodology/approach: The study applied panel regression analyses on a data set of Pakistan's listed companies ranged over 14 years, spanning from 2007 to 2021. Political turmoil was first gauged through three determinants, i.e. political protest, government election and constitutional reform, and thereafter, economic uncertainty index was used as a proxy for political turmoil. For the purpose of political connection, the study used political affiliation of the board of directors. Findings: The study finds that political turmoil has deleterious effect on the return on assets and Tobin's Q. The study further unveils that politically affiliated firms are relatively insulated from the volatility posed by the political uncertainty and exhibit significantly better financial outcomes. Practical implications: Findings of the study suggest that appropriate composition of the board is imperative in offsetting the risk posed by the political turmoil. Hence, the results are useful for investors, policymakers and regulators to ensure financial soundness of firms in the wake of political turmoil. Originality/value: To the best of the authors' knowledge, this is the first study that investigates the moderating impact of political connection on the performance of companies in presence of political turmoil. [ABSTRACT FROM AUTHOR]
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- 2024
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14. Skimming the achieved? Quantifying the fiscal incentives of the German fiscal equalization scheme and its reforms since 1970.
- Author
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Bury, Yannick, Feld, Lars P., and Burret, Heiko T.
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INTERNAL revenue ,CONSTITUTIONAL reform ,TAX base ,REFORMS - Abstract
Marginal rates of contribution (MRC), i.e., the rates at which additional revenues are skimmed via larger contributions or lower transfer receipts, quantify the incentives of a fiscal equalization scheme. This paper is the first to calculate marginal rates of contribution for the Laender (states) in the German fiscal equalization scheme for each of the 51 years since its establishment in 1970 and over five major reforms, taking into account all relevant revenues. Our results show that MRC have been at a consistently high level. Until 2019 the scheme induced an almost full skimming of additional tax revenues of recipient states. With the system's latest reform in 2020, MRC increased further. Recipient states now face an over-skimming of additional tax revenues and, thus, massive fiscal disincentives to maintain their own tax base. While these findings have been widely expected, comprehensive evidence has been missing so far. [ABSTRACT FROM AUTHOR]
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- 2024
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15. Critique of 'voice versus rights'
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Wood, Asmi
- Published
- 2023
16. The Vibe of the Makarrata.
- Author
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HASLUCK, NICHOLAS
- Subjects
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REFERENDUM , *INDIGENOUS rights , *BIPARTISANSHIP , *MISINFORMATION , *CONSTITUTIONAL reform , *IDENTITY politics , *RECONCILIATION ,FIRST Nations social conditions - Abstract
The article examines the failed referendum on the proposed First Nations Voice to Parliament, emphasizing the confusion and lack of public clarity surrounding its purpose and implications. Topics include the mixed messaging from political leaders, the failure of the Yes campaign due to inadequate bipartisan support, and the ongoing debate over truth-telling and treaty-making in relation to Indigenous rights.
- Published
- 2024
17. Securing the peace or renegotiating the political settlement? Understanding popular support for post-conflict constitutions.
- Author
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Kyle, Jordan and Resnick, Danielle
- Abstract
How do ordinary citizens view elite-driven, post-conflict constitutional reforms? Established theories emphasize the role of constitutional reform in both postwar democratization and preventing conflict resurgence. This article contends that emphasis on fostering political inclusion and settling conflicts resonates differently across post-conflict societies. Focusing on Nepal, this study draws on a survey implemented with over 1,000 respondents shortly after the ratification of the country's constitution in 2015. The exploratory analysis shows that even when post-conflict constitutions grant greater rights to historically marginalized groups in absolute terms, they may still perceive that greater concessions would be possible; this makes such groups more likely to oppose the constitution and more likely to prefer extended negotiation periods. Conversely, Nepalis exposed to higher violence during the Maoist insurgency from 1996 to 2006 view the constitution as the conclusion of the peace process and are more supportive of the constitution and opposed to longer negotiation periods. The analysis further highlights that some excluded groups were less likely to learn about constitutional negotiations at all. We identify new pathways influencing the democratic legitimacy of post-conflict constitutions, offering insights for internal and external stakeholders involved in constitutional reform processes and their aftermath. [ABSTRACT FROM AUTHOR]
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- 2024
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18. КОНСТИТУЦІЙНИЙ ТРАНЗИТ: ОКРЕМІ ПИТАННЯ ТЕОРІЇ.
- Author
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Д. М., Бєлов and М. В., Бєлова
- Subjects
CONSTITUTIONAL reform ,NATIONAL character ,NATIONAL security ,WAR ,NATIONAL income accounting - Abstract
The article is devoted to the study of the phenomenon of constitutional transit and its features in the context of modern development of Ukraine. The author considers constitutional transit as a complex, multidimensional process that encompasses a wide range of legal, political, and social changes. The paper analyzes the theoretical foundations of constitutional transit, its individual stages, and key factors influencing the success of democratic transformations. Particular attention is paid to the specifics of constitutional transit in Ukraine, especially in the context of the Russian-Ukrainian war and the post-bellum period. The author identifies the main problems faced by Ukraine in the process of constitutional transformations, including the instability of democratic institutions, limited economic potential, and crisis phenomena in the cultural environment. The article offers an analysis of possible stages of constitutional transformation in Ukraine after the end of the war, including urgent changes to ensure national security, development of a comprehensive reform strategy, public discussion of changes, legislative process, and implementation of adopted decisions. The author emphasizes the need to take into account national characteristics, historical traditions, and social mentality when conducting constitutional reforms. The importance of creating an institutional constitutional system that would effectively coordinate the activities of all social subsystems and regulate the behavior of participants in transformational processes is emphasized. The study demonstrates that constitutional transit in Ukraine is part of the global process of democratization, but has its unique features due to historical experience and modern challenges. The article also touches upon the understanding of the complexity and multifaceted nature of constitutional transformation processes in transitional societies. [ABSTRACT FROM AUTHOR]
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- 2024
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19. Freedom of creativity in the system of constitutional rights and freedoms (in the light of the 2020 constitutional reform)
- Author
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Chulisova, Yulia Aleksandrovna
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freedom of creativity ,constitutional reform ,culture ,spiritual and moral values ,constitutional values ,constitutionalization ,Commerce ,HF1-6182 - Abstract
Introduction. Despite the static nature and immutability of the norms of Chapter 2 of the Constitution of the Russian Federation, it seems possible to talk about a certain dynamics in the development of the content of human and civil rights and freedoms. The rethinking of the norms of the Constitution of the Russian Federation is aimed at improving and updating legislation, law enforcement and the mechanism for protecting human and civil rights and freedoms. Theoretical analysis. Freedom of creativity should be considered as a constitutional and legal institution, including the normative and legal regulation of relations between the state and citizens engaged in creative activities and their associations, establishment of principles of such relations, guarantees, restrictions and measures to support and develop creative abilities of the individual, evaluation of the results of creative activity as a socially signifi cant product, and as subjective freedom, with non-interference of the state in self-determination of the individual in matters of creative activity and protection of his / her rights to the results of intellectual activity being its guarantees. Empirical analysis. The constitutionalization of spiritual and moral values has been reflected in modern Russian policy of regulating relations related to freedom of creativity, support for culture, and protection of national cultural identity. As a result of the constitutional reform, the coordinate system of the spiritual and moral development of society was fixed, which cannot but affect the system of evaluating the results of creative activity, and the public demand for the reflection of spiritual, moral and socially oriented values in the results of creative activity was clearly expressed. Results. Freedom of creativity acts as a guarantee of a number of constitutional human rights and freedoms established by the Constitution of the Russian Federation. The key principles, goals and objectives of preserving and multiplying the cultural heritage and spiritual and moral development of Russia, strengthening its civilizational identity in conjunction with freedom of creativity run like a red thread through all levels of legislation, finding conceptual development in federal laws and federal subordinate regulatory legal acts. These normative acts specify guidelines for the implementation of creative freedom and mechanisms for supporting creative projects aimed at the development of statehood, patriotism and preservation of values.
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- 2024
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20. Towards durable legal protections for rivers in Chile.
- Author
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Weber Salazar, Pía, Macpherson, Elizabeth, and Willaarts, Barbara A.
- Subjects
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RIVER conservation , *SOCIAL attitudes , *CONSTITUTIONAL reform , *PUBLIC opinion , *WATER rights - Abstract
The protection of Chile's rivers is a matter of ongoing public and constitutional interest in the wake of Chile's failed 2019–2024 constitutional reforms. In this article we review and evaluate opportunities for greater legal protection and restoration of rivers in Chile. The legal analysis was complemented by a survey of social attitudes about river protection needs and several interviews with key experts and stakeholders, which found strong concern for enhanced river protection mechanisms in Chile. We conclude by outlining critical pathways towards durable legal protections for the future of Chile's rivers. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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21. Progressive constitutional deliberation: Political equality, social inequalities and democracy's legitimacy challenge.
- Author
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Trantidis, Aris
- Subjects
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SOCIAL democracy , *DELIBERATION , *CONSTITUTIONAL reform , *AFFIRMATIVE action programs , *FAIRNESS , *DELIBERATIVE democracy - Abstract
Social inequalities fuel a debate about the meaning of political equality. Formal procedural equality is criticised for reproducing discriminatory outcomes against disadvantaged groups but affirmative action, particularly in the form of group quotas, is also contested. When opposing conceptions of substantive equality support divergent views about which procedural rule genuinely respects political equality, democracies cannot identify a standard or rule of procedural fairness to be widely accepted as fair. This dispute over procedural fairness can carry on indefinitely and could challenge democracy's legitimacy claim. I argue that democracies can renew their legitimacy claim by embracing this debate and by accommodating it through constitutional deliberation that must be as impartial and meaningful as possible. Impartiality ideally requires the presence of every citizen in this process because each of them has a unique and evolving experience of inequality. Meaningful deliberation is about offering periodic opportunities for constitutional reform, allowing for continuous feedback, reflection, and learning. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
22. EL TERCER MALÓN DE LA PAZ (JUJUY-ARGENTINA): CRÍTICA A LA ESTRUCTURA RACISTA-CAPITALISTA-DEMOCRÁTICA.
- Author
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Cruz, Gustavo R.
- Subjects
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INDIGENOUS peoples of South America , *CONSTITUTIONAL reform , *INDIGENISM , *INDIGENOUS peoples , *NATION-state , *INSURGENCY , *CAPITAL cities - Abstract
I propose a historical-political approach and an analysis of the Indian-indigenist uprising that named itself the “Third Malón de la Paz”. This “Malón” – a massive group travel of indigenous peoples towards Argentina`s capital city – was a part of the social and popular rebellion that took place in the Northern Argentinian Province of Jujuy since June 2023, against a Constitutional Reform of the State, proposed by Jujuy´s government. I defend here the hypothesis that indigenous integration into the Nation-State (indigenism) and the indigenous extermination are two constitutive tendencies in the history of the Argentinian State. Both tendencies converge into Jujuy´s Constitutional Reform. I argue that the “Third Malón de la Paz” expresses an indigenist radical critique to the racist-capitalistdemocratic structure that organizes the provincial and national State. I will proceed as follows: 1) I will provide a very brief history of the reasons why Indian-indigenist communities take upon themselves the name “Third Malón de la Paz”. 2) I will show the problems of the reformed Constitution, which also show the political-economical context against which the “Third Malón de la Paz” is called into being. 3) I will present a critique of the Malón. Finally, 4) I will elaborate some philosophical hypothesis, where the political categories presented by the Malón are discussed, for a radical critique to Jujuy´s and the Argentinian current extractivist order. [ABSTRACT FROM AUTHOR]
- Published
- 2024
23. La silla vacía. La pérdida de escaños de los congresistas en Colombia por corrupción y vínculos criminales.
- Author
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Duque Daza, Javier
- Subjects
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LEGAL norms , *DRUG traffic , *LEGAL judgments , *CONSTITUTIONAL reform , *POLITICAL accountability , *PATIENT autonomy , *CORRUPT practices in elections , *FRAUD - Abstract
Objective/context: This article has three objectives: to differentiate the theoretical arguments on the empty chair policy in Latin America, to analyze the process of institutional change that culminated with its implementation in Colombia, and to describe how it has been carried out between 2010 and 2024. Methodology: The methodological approach has three components: a theoretical part, a documentary component, and an empirically based analysis. The first describes the contrast between two approaches to the autonomy, control, and accountability of political parties and parliamentarians. The second reviews how these approaches are reflected in the rules on seat ownership (of parties or congresspersons/deputies), accountability, and sanctions for parties and congresspersons when they violate the law. The third consists of identifying cases of loss of seats, their analysis, and the determination of their effects. The principal sources of the study are constitutional reforms, Supreme Court rulings, and decisions of the Attorney General's Office on convictions of congressmen. The information is complemented with journalistic reports and electoral data. Conclusions: The empty chair policy is established in two Latin American countries (Colombia and Peru). It is an effective legal norm to sanction political parties and legislators convicted for their links with criminal groups, corruption, electoral fraud, and other crimes. It has been applied in eighteen cases due to links to paramilitarism, drug trafficking, and corruption. The affected parties have decreased their electoral performance and their seats in Congress. Originality: This is the first empirical study on the subject in Colombia. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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24. The Case of Implied External Powers – The History of Pragmatism in the EU’s External Relations Law: The Case of Implied Powers in External Relations – A History of Pragmatism.
- Author
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Budai, Péter
- Subjects
PRAGMATISM ,CONSTITUTIONAL reform ,LAW reform - Abstract
EU external relations law is not very much at the centre of the Hungarian EU legal discourse, so the matter of implied external competences may seem almost mystical. However, it is not mysterious at all, its development is rather evidence of the presence of pragmatism in the development of EU law, as the implied external powers were even used to extend competences in the period of the EEC. The aim the paper is to show how this pragmatism has been manifested from time to time in the development of the implied external competences. To do so, the paper also draws on Sinclair’s theory, who sees the phenomenon of the expansion of powers in the law of international organisations as a coherent process in some cases. Accordingly, the article describes case C-22/70. Commission v. Council (ERTA), including the main arguments made in the case, and the relevant circumstances as well. This is followed by the explanation of the expansion of the implied powers to highlight the appearance of its different aspects involved. Finally, the paper points out a “dialogue” that has been developed between the Member States and the Court of Justice during the process of the Constitutional Treaty and the Lisbon reforms. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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25. Welsh devolution 1999–2021: constitutional instability amidst institutionalized conservatism?
- Author
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Evans, Adam
- Abstract
Over the past two decades, devolution in Wales has undergone a remarkable transformation. A Welsh Assembly endorsed by a margin of just 6,721 votes in the 1997 referendum, and which was legally fused with the 'executive' branch of devolved government and had no primary legislative powers has become a primary law making and tax levying parliament. This article will chart the evolution of Welsh devolution since 1999 and the role that the centre's grudging and conservative approach to devolution and the conferred powers model has played in the failure to secure a lasting settlement for Wales. It will argue that despite the transformation in Welsh devolution since 1999, and the shift to a reserved powers model in 2017, a 'conferred powers mindset' has continued to haunt Welsh devolution as a result of the approach taken by the United Kingdom Government in drafting the extensive set of reserved powers. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
26. Theorizing Constitutional Change in East Asia.
- Author
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Gillespie, John
- Subjects
CONSTITUTIONAL reform ,SOCIAL problems ,HISTORICAL institutionalism (Sociology) ,EMINENT domain ,POLITICAL systems - Abstract
How do constitutions change in response to social problems? This Article explores why constitutions in three East Asian countries, namely Japan, Indonesia, and China, changed rapidly during times of social crisis and then incrementally evolved during periods of stability. It looks for explanations in historical institutionalism, a novel theory developed to understand the factors that give rise to the creation, persistence, and change of political institutions, such as constitutions. Constitutional change in these East Asian countries is explored by examining constitutionally defined eminent domain powers that enable governments to compulsorily acquire land in the public interest. The Article aims to understand whether fundamental constitutional change only occurs through crisis or whether it can also take place gradually by layering new ideational components onto old programmatic ideas, repurposing them to new uses. Drawing on case studies about eminent domain in Japan, Indonesia and China, the Article concludes that although crisis can trigger fundamental change in any political system, incremental reforms are more likely to promote fundamental change where governments are accountable to the public through constitutional courts and/or democratic elections. [ABSTRACT FROM AUTHOR]
- Published
- 2024
27. Andrew Stunell: An Appreciation.
- Author
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Meadowcroft, Michael
- Subjects
- *
POLITICAL party leadership , *ACTIVISM , *BAPTIST church buildings , *CONSTITUTIONAL reform , *POLITICAL campaigns , *NEWS websites - Abstract
This text provides a concise overview of the political career of Andrew Stunell, a former member of the Liberal Democrat party in the UK. Stunell was initially drawn to Liberal politics due to his concerns about the British government's treatment of Kenyan Asians. He had a successful career, serving on various councils and eventually becoming a Member of Parliament. Stunell played a significant role in the negotiations for the merger of the Liberal and Social Democratic parties and served as deputy whip and later chief whip for the Liberal Democrats. He was also involved in various policy areas, including energy and communities and local government. Stunell retired from the House of Commons and became a life peer in the House of Lords. [Extracted from the article]
- Published
- 2024
28. Seminario “Los derechos de las personas con discapacidad: la reforma del artículo 49 de la Constitución”. Centro de Estudios Políticos y Constitucionales, Madrid, 15 de abril de 2024.
- Author
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IBARRA GONZÁLEZ, SEBASTIÁN
- Subjects
- *
CIVIL rights of people with disabilities , *CAPACITY (Law) , *DISABILITY laws , *CONSTITUTIONAL reform , *SOCIAL integration , *AUTONOMY (Psychology) ,CONVENTION on the Rights of Persons with Disabilities - Abstract
The Center for Political and Constitutional Studies in Madrid organized a seminar on the rights of people with disabilities and the reform of Article 49 of the Constitution. The seminar discussed the political process of constitutional reform, the significance of disability in the 1978 Constitution, and the challenges of the reform. The opening ceremony was attended by the Director of the Center for Political and Constitutional Studies and the Minister of the Presidency, Justice, and Relations with the Courts. Participants highlighted that the reform of Article 49 is a social achievement and provides special protection for people with disabilities. The importance of personal autonomy, social inclusion, and access to justice to guarantee the rights of people with disabilities was also mentioned. In addition, reference was made to the Convention on the Rights of Persons with Disabilities and Law 8/2021, which reforms civil and procedural legislation to support these individuals in the exercise of their legal capacity. [Extracted from the article]
- Published
- 2024
29. Tejiendo derechos individuales y colectivos: el lenguaje de derechos presente en las peticiones de mujeres ante la Convención Constituyente de 1949 y sus experiencias previas a la reforma (1946-1949).
- Author
-
GONZÁLEZ AREA, DÉBORAH and PEDROZO, GUADALUPE A.
- Subjects
CONSTITUTIONAL reform ,CONSTITUTIONAL history ,LINGUISTIC rights ,LEGAL history ,PERONISM ,WOMEN'S history - Abstract
Copyright of Prohistoria is the property of Prohistoria Ediciones and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
30. Much ado about nothing: voting in sixteenth-century Republic of Genoa.
- Author
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Molinari, M. Cristina
- Subjects
VOTING ,REPRESENTATIVE government ,POLITICAL stability ,CONSTITUTIONAL reform ,RULING class - Abstract
When the constitution of the Republic of Genoa was rewritten in 1528, the traditional distinction between nobili and popolari was abolished and the now unified ruling class was organised into 28 groups called alberghi, which were granted equal political representation by an elaborate and bizarre voting mechanism. Using data on the composition of the Genoese nobility in 1528, we simulate the rounds of voting, nominations, and sortition of the electoral protocol to reveal how they determined the allocation of power. Our analysis shows that the constitutional reform could not succeed in bringing concord to the nobility, as the system was heavily biased towards the popolari (later renamed nobili nuovi), who could gain control over all key magistracies. We also show that the use of the alberghi for office allocation made the system less favourable to the nobili nuovi, but only marginally so. These results help explain the persistence of political instability in Genoa after the 1528 reform, and they shed light on the voting system reforms that followed. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
31. A girmitiya's grandson.
- Author
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Lal, Brij
- Subjects
COLONIAL education ,CONSTITUTIONAL reform ,ACTIVISM ,SOCIAL history ,INDIAN diaspora (South Asian) - Abstract
Brij Vilash Lal was an Emeritus Professor at the Australian National University and Honorary Professor at the University of Queensland. He taught History at the ANU, the University of Hawaii at Manoa, the University of the South Pacific and the University of Papua New Guinea. He was a Life Member of Clare Gall, University of Cambridge. He was the author of more than twenty books and editor of another twenty on the history and culture of the Indian diaspora and on the history and politics of Fiji. He died on 25 December 2021. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
32. A visual tribute.
- Author
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Lal, Brij
- Subjects
ACTIVISM ,FAMILIES ,EDUCATORS ,CONSTITUTIONAL reform - Published
- 2024
- Full Text
- View/download PDF
33. Loyalism, legitimism, and the neo-Jacobite challenge to the Anglo-Scottish Union.
- Author
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Morton, Graeme
- Subjects
STATE power ,CONSTITUTIONAL reform - Abstract
Those who continued with its cause into the late Victorian age, framed loyalism as a principled challenge to the constitutional settlement that culminated in the Anglo-Scottish Union of 1707. The case for restoring the House of Stuart, the focal point of their efforts, had become a distinctive strand within British loyalism but in many respects remained tangential to the movement for home rule in Scotland. Restoration of the Stuarts necessitated the acts of Settlement and Union be set aside and thus represented a more fundamental challenge to the Imperial parliament than the constitutional reform sought by home rulers. The article examines those late Victorian loyalists who recast the home rule cause to advance the tenets of loyalism as their forebears in revolutionary America had done – within the day's foremost democratic debate on rights, freedoms, and the limits of governmental power. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
34. Taming the Brazilian Supreme Court - Public Concerns and the Constitutional Implications of Weakening Judicial Review in Brazil
- Author
-
Bruno Santos Cunha and André Borges Uliano
- Subjects
Brasil ,Brasilien ,Constitutional Reform ,The Supreme Federal Court ,Weak judicial review ,Law - Abstract
The recent Proposal for Constitutional Amendment No. 28/2024 weakens constitutional review by allowing Congress to suspend certain decisions of the Supreme Federal Court. This article identifies several exaggerated and premature criticisms present in the public debate. Additionally, it explores how models of weak judicial review, successfully integrated by numerous established democracies, may foster constitutional dialogues and collaboration, potentially reducing counter-majoritarian frictions and enhancing democratic principles.
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- 2024
- Full Text
- View/download PDF
35. Small States and Constitutional Reform: Democracy in Malta
- Author
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Stanton, John, Butler, Petra, Series Editor, and Morris, Caroline, Series Editor
- Published
- 2024
- Full Text
- View/download PDF
36. Constitutional Issues With Police Reform: What power does the government have over local police?
- Subjects
- *
CONSTITUTIONAL reform , *POLICE reform , *FEDERAL regulation , *CRIMINAL law - Abstract
The article focuses on the constitutional issues surrounding police reform in the United States. It examines the power of the government over local police, federal regulation, existing remedies for constitutional violations, and the limitations and challenges in enforcing police accountability. It also discusses federal criminal law, U.S. Department of Justice civil enforcement, and private civil rights litigation as avenues for addressing violations by law enforcement officers.
- Published
- 2023
37. Reimagining guarantees of non-recurrence in transitional justice : lessons from Sri Lanka
- Author
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Narayan, Nikhil, Moffett, Luke, and Lawther, Cheryl
- Subjects
Transitional justice ,human rights ,international law ,guarantees of non-recurrence ,conflict prevention ,applied political economy ,justice ,reconciliation ,International Human Rights ,International Political Economy ,reparations ,peacebuilding ,Sri Lanka ,South Asia ,non-repetition ,Post-Conflict ,atrocity prevention ,constitutional reform ,security sector reform ,criminal justice ,justice sector reform - Abstract
Since World War II, there has been a proliferation of international norms and institutions around accountability for gross human rights violations, in the universal aspiration that societies should never again endure the atrocities of war and mass violence. This has manifest most notably in the landmark creation of a permanent International Criminal Court. Yet despite the rapid ascendance of this global justice norm, the incidents and scale of conflicts and atrocities around the world have continued unabated. What is lacking is a coherent articulation of states' duty to prevent conflict's recurrence by tackling the structural roots of conflict and dismantling the underlying infrastructure for violence. International human rights law frames such measures as a state's duty to undertake guarantees of non-recurrence. Yet transitional justice remains largely focused on backward-looking responsibility for past harms; the scope of this forward-looking principle of future prevention is glaringly under-explored. This conceptual gap is particularly acute in South Asia, where countries continue to backslide towards conflict and autocracy. Yet, the experiences of this populous region have received decidedly less attention within transitional justice scholarship. This has left a critical gap in the development of a more contextualised, holistic and effective approach to preventing recurrence of conflict. With Sri Lanka as a case study, the thesis contributes to filling this critical gap by examining the scope and application of the international obligation to provide guarantees of non-recurrence as a core, but under-scrutinized, pillar of transitional justice. Drawing on lessons from Sri Lanka, the thesis argues for a reimagining of how guarantees of non-recurrence may be conceptualised and applied to advance a more contextually-appropriate, politically-sensitive, sustainable peace and comprehensive justice. Significantly, the thesis posits a new theoretical framework based on applied political economy as an analytical tool to realise this ambition of more transformative guarantees of non-recurrence.
- Published
- 2023
38. The role of propaganda in popularizing and preserving the all-Russian cultural identity of compatriots abroad
- Author
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Conductorova, Nadezhda Alexandrovna
- Subjects
all-russian cultural identity ,propaganda ,civic consciousness ,constitutional reform ,compatriots abroad ,cultural (civilizational) code ,Commerce ,HF1-6182 - Abstract
Introduction. As a result of the constitutional reform carried out in 2020, the basic law of the country was supplemented with new norms. They include the provisions of Part 3 of Article 69 of the Constitution of the Russian Federation, which enshrine guarantees of support for compatriots living abroad. This norm introduces a new category into constitutional legal circulation – “all-Russian cultural identity”, and its preservation is fixed as one of the areas of state activity. Propaganda is interpreted as one of the elements of the mechanism for preserving this identity. The study of all-Russian cultural identity, as well as propaganda in the context of its preservation, is the goal of this work. Theoretical analysis. The term “identity” has been steadily entrenched in domestic legislation and legal science. Its content varies depending on the characteristics of the identity bearer. It has been revealed that the functions of propaganda used to preserve his / her identity depend on the characteristics of the basis for recognizing a person as a compatriot. Еmpirical analysis. The article revealed that neither ethnicity nor citizenship relations are the basis of the nationwide cultural identity of compatriots abroad. The concept under study is based on the cultural (civilizational) code of Russia as a country with a centuries-old statehood, rich history and a multinational people. Propaganda is one of the ways to spread the Russian value and worldview model. Results. The role of propaganda is to form a positive image of the future among compatriots regarding Russia. The upward constitutionalization of relations to support compatriots is due to several factors: the priority of this direction of the Russian national policy; recognition of the identity under study as a legal fact; justification of the new category as confirmation of the civilizational essence of Russia at the constitutional level.
- Published
- 2024
- Full Text
- View/download PDF
39. Indonesian Parliament U-Turns on Constitutional Reform Amid Nationwide Protests.
- Author
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Hasan, Mohammed
- Subjects
PUBLIC demonstrations ,CONSTITUTIONAL reform ,INDONESIANS ,POLITICAL parties ,POLITICAL elites - Abstract
The article focuses on the Indonesian Parliament's reversal of a proposed constitutional reform amidst widespread protests. Topics include the implications of the Constitutional Court's ruling that opened gubernatorial races to smaller parties, the controversy surrounding the 2024 presidential election and candidates, and the impact of recent parliamentary attempts to amend election rules to favor the ruling coalition.
- Published
- 2024
40. THE UNFINISHED SCHOLAR.
- Author
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YBARRA, KARLIE
- Subjects
OKLAHOMA state history ,CONSTITUTIONAL conventions ,CONSTITUTIONAL reform ,AUTHORITARIANISM - Abstract
The article focuses on the life and legacy of William Henry Davis Murray, nicknamed "Alfalfa Bill," a controversial figure in Oklahoma's history, celebrated for his role in shaping the state despite his divisive political and personal actions. Topics include his upbringing in Texas, his pivotal role in Oklahoma's statehood and constitutional conventions, and his tumultuous tenure as governor marked by authoritarian measures and clashes with progressive reforms.
- Published
- 2024
41. Kenotic Ecclesiology and the Disestablishment of the Church of England under the Reign of Charles III.
- Author
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Percy, Martyn
- Subjects
- *
POWER (Social sciences) , *CONSTITUTIONAL reform , *BISHOPS , *CORONATIONS - Abstract
Coronations in Great Britain previously offered an occasion for national civic and spiritual renewal. However, the recent crowning of Charles III threw a spotlight on some of the deepening dissonance, diversity and divisions within British society. This paper is an 'in principle' argument for change and development. As the clamour for constitutional reform in the United Kingdom continues, and the awkwardness of Church of England bishops sitting in the House of Lords becomes more apparent, the time is ripe to reconsider disestablishment. In particular, the power and privilege of one denomination over all others is interrogated in relation to a kenotic ecclesiology, and which may now require the intentional divesting of kingly power: not clinging to status any longer, but self-emptying and embracing equality. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
42. THE PROCEDURE OF DEMOCRATIC EROSION.
- Author
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Cope, Kevin L. and Verstee, Mila
- Subjects
- *
DEMOCRACY , *CONSTITUTIONAL reform , *POWER (Social sciences) , *CONSTITUTIONAL law , *CONSTITUTIONAL amendments , *PRESIDENTS of the United States , *PARTISANSHIP - Abstract
In recent years, several popularly elected leaders have moved to consolidate their power by eroding checks and balances. Courts are commonly the target of such power-consolidating reforms, though they are not the only such target. Depending on their nature, such reforms are variously characterized as eroding democracy or being illiberal. But while they may be substantively undemocratic or illiberal, these reforms tend to be procedurally lawful. That is, they do not subvert the constitution outright but work within the existing constitutional framework, with reformers eitherformally changing the constitution or seeking new interpretations. Why would leaders pursuing undemocratic reform follow lawful procedures? One conjecture for why power-seeking leaders choose this path is to boost supportfor the reforms among domestic audiences, who may care about the legal pedigree of reform. Yet there has been little or no empirical research on whether the reform method actually ajfects how domestic audiences respond to them. We address this question through a survey experiment conducted on a representative sample of over 4,000 U.S. respondents in late 2020. The experiment presented subjects with questions relating to two proposals that arguably consolidate power: (i) President Donald Trump's suggestion to stay in olfice for a third term and (ii) a longstanding proposal-now commonly associated with President Joe Biden-to impose term limits on the Supreme Court. In gauging supportfor these proposals, we randomly divided respondents into seven treatment groups, with each evaluating a different reform method on a continuum of constitutional lawfulness: ranging from constitutional amendment, to threatening judges, to simply ignoring the law. We find that while partisan policy preferences are, unsurprisingly, the main predictor of proposal support, procedural tactics also affect support in particular cases. Perhaps surprisingly, only supporters Of the leader pursuing the reform are significantly concerned with how it is implemented. For example, only Trump supporters distinguish his pursuing more lawful methods (a third term via constitutional amendment or by judicial reinterpretation) from less constitutionally lawful means: the Biden proposal for Court term limits shows similar effects. Thus, to the extent that certain procedures are followed to persuade domestic audiences, those pursuing undemocratic reform may expect to increase support somewhat among their own base but not among the opposition.r [ABSTRACT FROM AUTHOR]
- Published
- 2024
43. Constitucionalización de la reforma y centralización política. México: 1873-1874. Controversia parlamentaria y moralidad civil.
- Author
-
Santillán Salgado, Gustavo
- Subjects
- *
STATE power , *CATHOLIC clergy , *LAW reform , *CONSTITUTIONAL reform , *STATUS (Law) - Abstract
The article explores the elevation to constitutional status of the reform laws as well as the drafting of their organic regulations in Mexico between 1873 and 1874. Around the 150th anniversary of such events, it emphasizes the richness of the parliamentary discussions of said process, distant from a supposed liberal uniformity and revealing of the verifiable tensions between the powers of the states and the powers of the federation within the period of the restored republic (1867-1876). Thus, throughout the debate a point apparently worthy of unanimity appears in discussion: federalism. Based mainly on the Diary of Debates of the Chamber of Deputies and in a complementary way by newspapers and brochures, the text analyzes the vividness of the parliamentary controversy around the existence of a civil morality of a universal nature foreign to the Catholic clergy and regulated by secular law. It shows that although there was a relative consensus on this issue, the admittedly Catholic and proclaimed liberal voices within the Chamber of Deputies are not only verifiable but energetic, a sign of an arduous process not only legal but also educational that does not conclude with the constitutionalization of the reform. Finally, it suggests the limits and scope of civil morality enunciated by distinguished liberal voices. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
44. LA INSTITUCIONALIDAD POLÍTICA EN EL PERÚ TRAS EL FALLIDO GOLPE DE ESTADO A LA CONSTITUCIÓN DE 1993.
- Author
-
HAKANSSON, CARLOS
- Subjects
PUBLIC administration ,CONSTITUTIONAL reform ,PRESIDENTIAL elections ,POLITICAL opposition ,CABINET officers - Abstract
Copyright of Revista de Derecho Politico is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
45. VALENȚE ALE BICAMERALISMULUI - CONCEPȚII INTERBELICE PRIVITOARE LA ROLUL SENATULUI.
- Author
-
BĂLAN, MARIUS
- Subjects
CONSTITUTIONAL reform ,POLITICAL change ,POLITICAL violence ,SEPARATION of powers ,CONSTITUTIONALISM - Abstract
The various attempts to rethink the structure and composition of the Parliament of interwar Romania, including or especially its upper chamber, are one of the symptoms of the uneasiness produced by the way Romanian parliamentary democracy was actually functioning. In almost all cases, these projects and possible solutions were not conceived as hostile to the principles of classical constitutionalism and the separation of powers, but rather as a concretisation or deepening of them. They sometimes depart from the canons of classical constitutionalism, but do not appear hostile to it. Unfortunately, political change has been imposed not through constitutional reform or transformation - including the revision of the Fundamental Law - but through improvised solutions, arbitrariness and political violence. [ABSTRACT FROM AUTHOR]
- Published
- 2024
46. La comunicación de los precedentes constitucionales y su difusión en las jerarquías judiciales: un análisis del caso mexicano.
- Author
-
MORALES RAMÍREZ, GLADYS F.
- Subjects
JUSTICE administration ,FEDERAL courts ,LEGAL precedent ,STATE courts ,COMMUNICATION strategies - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
47. INTERROGATING THE EFFECTIVENESS OF STATUTORY BODIES AND STATE ENTERPRISES COMMITTEE ON BUDGET OVERSIGHT IN BOTSWANA: ANEXPLORATORY STUDY.
- Author
-
Lesole, Thato Queen, Dick-Sagoe, Christopher, Odoom, Daniel, and Agyepong, Lawrencia
- Subjects
CONTROL (Psychology) ,SEPARATION of powers ,LEGISLATIVE oversight ,GOVERNMENT report writing ,CONSTITUTIONAL reform - Abstract
This study explored the effectiveness of the Statutory Bodies and Public Enterprises (SBPE) Committee on budget oversight in Botswana. The accountability theory grounded this research. The study predominantly embraced a qualitative approach and an exploratory research design to interrogate the effectiveness of the Committee’s oversight function. It used both primary and secondary data collection methods. In terms of primary data collection, interviews were conducted with key stakeholders involved in the budget oversight function. Additionally, the study conducted a documentary review of relevant government reports, budgets, and financial statements to supplement the information gathered from interviews. Thematic analysis was conducted based on the data obtained. The study observed that the SBPE Committee was perceived as ineffective in undertaking its oversight responsibility. Poor accountability manifested in various ways, including untimely and inaccurate financial reporting. Also, inadequate technical expertise, funding, logistics, low autonomy, lack of enforcement capacity, and poor separation of power impeded the Committee’s ability to perform its oversight responsibility effectively. The research recommended constitutional reforms in Botswana that would empower parliament to follow through on its recommendations and emancipate the legislative arm of government from executive control and manipulation. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
48. Enhancing Human Development in Nigeria Through Constitutional Reform via the Human-Rights-Based Approach to Development.
- Author
-
Ibe-Ojiludu, Somadina
- Subjects
CONSTITUTIONAL reform ,RIGHT to health ,TORTURE ,NIGERIANS ,RIGHT to education ,HUMAN rights violations ,RESEARCH questions - Abstract
Development indexes and scholarship portray Nigeria as non-developed. Non-development is acutely felt in the sphere of human development. This article interrogated the state of Nigeria's human development by showing that the violation of human rights law is at the heart of Nigeria's lack of human development. It offered some constitutional reform proposals that could potentially cure the country's perceived human development weaknesses. It also utilised the human-rights-based approach to development. Consequently, the article answered the following research question: Is it possible to realise human development in Nigeria using the human-rights-based approach to development by way of constitutional reform? While acknowledging the weakness in the often argued importance of making chapter 2 of the 1999 Constitution justiciable, it made a case for the introduction of suo motu intervention by the judiciary in order to boost the realisation of rights that enhance human development: Right to health, right to education and right to a decent standard of living. It also argued for the relaxation of the rigidity of dualism in the 1999 Constitution in order for Nigerians to benefit from certain doctrines, like the principle of progressive realisation, which favour the aforementioned rights that enhance human development. To buttress this point, the paper then cited the innovative section 254(c)(2) of the 1999 Constitution which, to promote the plight of the Nigerian worker, did something similar with regard to the accommodation of international law instruments related to industrial relations. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
49. Democratic Transition or Autocratic Adjustment? Constitutional Amendments in Kazakhstan and Uzbekistan in 2022-2023.
- Author
-
Czachor, Rafał
- Subjects
- *
CONSTITUTIONAL amendments , *DEMOCRATIZATION , *CONSTITUTIONAL reform , *CONSTITUTIONALISM , *HUMAN rights - Abstract
Central Asian states have recently implemented significant constitutional reforms. In the case of the authoritarian republics of Kazakhstan and Uzbekistan, the nature of the constitutional amendments, introduced in 2022 and 2023, respectively, is hard to accurately assess. On the one hand, they are a step towards democratization and strengthened guarantees of human rights and freedoms; on the other, they reinforce the current undemocratic government mechanisms. This article discusses the most recent constitutional reforms in both countries, distinguishing three main areas of change: ideology, social issues, and governance mechanisms. It is argued that these reforms generally fall within the paradigm of authoritarian constitutionalism and are an adjustment of the countries' constitutions to the current needs of their undemocratic presidents. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
50. Political institutions and the gendered use of social media among political candidates: evidence from Tunisia.
- Author
-
Holm, Malin, Skhiri, Yasmine, and Zetterberg, Pär
- Subjects
- *
POLITICAL candidates , *MASS media & politics , *INFORMATION & communication technologies , *NEW democracies , *SOCIAL media , *CONSTITUTIONAL reform - Abstract
Despite a recent boom in information and communication technologies (ICTs) in many developing countries, there is limited research on how social media is being used in political campaigns in emerging democracies. In these contexts, the introduction of electoral gender quotas often forms part of the constitutional reform. This paper investigates the gendered use of social media among political candidates during the 2019 parliamentary election campaign in Tunisia, which recently adopted an ambitious gender quota system. We have mapped the use of Facebook among a random sample of 400 men and women candidates and carried out interviews with 19 men and women candidates who ran in these elections. The results demonstrate how patriarchal structures interact with political-institutional features – the electoral gender quota system, the electoral system (a closed-list proportional-representation system), and the fragmented party system – in shaping the gendered use of social media among political candidates in Tunisia. We show that men are more likely to use Facebook for campaign purposes since they are more often placed at the top of the candidate lists. Hence, rather than having an equalizing effect, the study suggests that social media become a new tool for already privileged candidates in Tunisia. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
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