Suchergebnisse

Resenha do livro "Unconstitutional Constitutional Amendment: The Limits of Amendment Power, de Yaniv Roznai (Oxford Univeristy Press, 2017).

1982 Anayasası süreç içerisinde pek çok değişikliğe uğramıştır. Bu değişikliklerin en kapsamlısı ise 16 Nisan 2017'de yapılan referandum ile gerçekleştirilmiştir. Burada ise dikkatimizi özellikle Cumhurbaşkanlığı Kararnamesi çekmektedir; zira değişikliklerin temel noktasını hükümet sistemi ile birlikte Cumhurbaşkanına tanınan kararname yetkisi teşkil etmektedir. İşte bu makalede yeni hükümet sistemi ekseninde Cumhurbaşkanlığı Kararnamesi tüm boyutlarıyla incelenmektedir. Buna göre makalede ele alınan temel sorun yürütme erkinin düzenleyici işlem yapma yetkisinde temel bir değişimin söz konusu olmasıdır. Değişimin odak noktası Cumhurbaşkanına kararname çıkarma yetkisinin verilmesidir. Kararname yetkisi ise norma koyma gücünü ifade etmektedir. Oysaki kuvvetler ayrılığının bir gereği olarak norma koyma tekeli bu anlamda asli yetkiye sahip parlamentoya aittir. Aksi halde norma koyma ve bunları yürütme yetkisi tekilleşir ve tekelleşir. Bu durum da hükümet sisteminde denge ve denetim mekanizmasını bozmaktadır. İşte çalışmamız özel olarak bu asli sorunu ve genel olarak buna bağlı diğer tali sorunları kaleme almaktadır.

In June 2008, the Turkish Constitutional Court annulled amendments to the Constitution regarding the principle of equality and the right to education, which had been enacted by parliament in order to abolish the headscarf ban in universities. In an important and controversial decision, the Constitutional Court ruled that the amendments were unconstitutional because they infringed on the constitutional provision mandating a secular state. In this paper, the authors set forth the historical and legal background to the Turkish Constitutional Court headscarf case, review the facts and decision of the case, and analyze it. The authors accept the Constitutional Court's conclusion that parliament's amendment power is distinct from the original constituent power and therefore limited. However, the authors assert that the Constitutional Court's competence to review constitutional amendments is restricted to a procedural review. Lastly, the authors claim there was no justification for annulling the amendments because they did not infringe on the constitutionally enshrined principle of state's secularism.

Although only 27 amendments have ever been added to the U.S. Constitution, the last one having been ratified in 1992, throughout American history, members of Congress have introduced more than 11,000 amendments, and countless individuals outside of Congress have advanced their own proposals to revise the Constitution-the wellspring of America's legal, political, and cultural foundations. At a time when calls for a new constitutional convention are on the rise, it is essential for students of political science and history as well as American citizens to understand proposed alternatives. Th

Civil society generally defines a sphere where groups of people can act without being forced by any source of power. The citizen is one of the most important dynamics of the civil society in that they form a source of power against the state by demanding their rights in the public realm. Citizenship, which is the verbalism of political belonging to the state, is not limited to a legal status in which the individual has a series of specific rights and duties. It is also an expression of the individual's articulation to society and the relationship that they build in the political-social sphere. The media, which should be a democratic institution by essence, is closely related to the civil society. In this day and age most of the political struggle takes place on media. Therefore, the political power always uses the media as an ideological tool. Referendums, on the other hand, are an important constituent in pluralistic democracy. Referendums reflect the political preferences of social groups equally, although in a relative sense. Thus, all different groups can influence the government mechanisms in line with their demands and needs. The role that the media undertakes during the time of referendum, a democratic right for all citizens, is very significant because it is via the media that the information related to the laws or amendments which are put to vote. That is why the analysis and interpretation of media texts that undertake a crucial role in times of referendum is very important. In this context, making a comparative analysis of the selected Turkish media (Cumhuriyet, Hürriyet, Tercüman/Bugün) coverage of 1982 constitutional referendum rallies and 2012 constitutional amendment package referendum rallies, and interpreting them within the framework of civil society discussions makes up the problem of this study. Determining the attitude of Turkish press and whether they had a political bias in 1982 constitutional referendum rallies and 2012 constitutional amendment package referendum rallies forms the purpose of the study. In the study content analysis method has been used. Quantitative distribution and rates of the newspapers' front-page news content and photographs relating with 1982 constitutional referendum and 2012 constitutional amendment package referendum rallies have been determined and compared/contrasted. Besides, the data gathered from the aforementioned newspapers' attitude towards the referendum rallies and thematic analyses of discourses in news texts have been compared/contrasted. One month before 7th October 1982 constitutional referendum and 12th September 2010 constitutional amendment package referendum marks the time limit of the study. Another limitation is regarding the newspapers chosen to represent the Turkish press. Based on their ideological attitudes; Cumhuriyet is chosen to represent national left (Kemalist, statist, secular), Hürriyet to represent liberal and Tercüman/Bugün to represent nationalistic conservative ideology. DOI:10.5901/mjss.2013.v4n9p780

The Great Lakes represent a precious natural resource that holds approximately twenty percent of all the fresh water on earth. Its sheer size creates an inherent regional connectedness among eight states and two Canadian provinces. While each of these actors rely heavily on the health of the Great Lakes for its individual economic well-being and quality of life, proper regional management of the Lakes has historically proven difficult. The passage of the Great Lakes Compact marks a significant step towards the successful management of the Great Lakes water resources. The Compact's structure recognizes modern science and creates a unique balance of regional protection and state autonomy. Its ultimate effectiveness will depend on the states' abilities to cooperate on a regional level. A 2008 state constitutional amendment passed in Ohio, however, demonstrates how local protectionist attitudes can erode the spirit of cooperation necessary to implement an effective regional water management regime.

The 73rd constitutional amendment provides women reservation in PRIs election and many states like Bihar, Rajasthan are giving 50 percent reservation in PRIs. After the long demand and after many committee's recommendation Panchayati Raj System get constitutional status. Unfortunately, 108th constitutional amendment could not pass in parliament which was related to 33 percent women's reservation in Parliament and states. Lack of political will and seriousness no political party strongly supported for 33 percent women reservation and it is very hard fact that many political parties directly opposed the 108th constitutional amendment. There are many aspects being it is being discussed in this research paper it will realize the many reason behind noncorporation of political party in women reservation bill in Parliament. It is noticeable thing that many states taken many steps for women empowerment while opposing for women reservation in state's legislative assembly. There is need to understand the why some political party and state are not willing to give reservation in legislative body of central and state's legislative body.

AbstractIn early 1996, Canada's federal government enacted a new constitutional amending process to provide provincial and regional vetoes over future amendments. This study compares the new process with the "7 and 50" formula found in the Constitution Act, 1982. Using the Banzhaf Index as well as separate measures for the power to prevent and the power to initiate amendments, the article examines the relative influence of the provinces under the two amending formulae. As well, it examines the relative voting power of each province's citizens in any future constitutional referendum. The results show that profound changes are produced by the regional veto amending formula, and the article discusses some remedies for the most negative effects.

This study aimed at analyising the recent amendments to the Constitution of Jordan of 2011 with regard to their nature and impact on the public authorities in Jordan. It aims at identifying the Constitutional amendments relating to the Exeuctive authorities, the most important of which, redefining the case of necessity to include certain limited situation which allow the Government to issue Provisional Laws. This study also addressed the Constitutional amendments relating to Legislative power which include establishing for the first time an Electoral Commission to oversee the conduct of elections, and providing additional guarantees to the dissolution of Parliament that then Government has to render its resignation within a week from the date of dissolution, and the abolition of the postponement of the general election. This study has also shown the relevant constitutional amendments as for the judiciary, which aimed at enhancing the independence of the judiciary through establishing a statutory Judicial Council, and a Constitutional Court to scrutinize the constitutionality of laws and regulations. Although the recent Constitutional amendments have sought to achieve a balance between the three authorities in Jordan, there is still a manifestation of dominance by the Executive over the Legislative, which calls for further amendments to the Constitution of Jordan in the future.