Suchergebnisse

Describes delegation & accountability in Greece, focusing on the effects of the 1975 Constitution upon presidential & parliamentary powers. The post-dictatorship origins of the Constitution are examined, as are its provisions of parliamentary legislation & constitutional amendments. The process of delegation & accountability is clearly delineated & highly institutionalized according to the Constitution. But the influence of clientistic networks prevents Greece from being regarded as a model of delegation & accountability. The 1975 Constitution also strove to "rationalize" Greek political institutions, as exemplified by cabinet-Parliament relations. The cabinet has clear dominance over Parliament in legislation, bolstered by an electoral system that favors such power relations. But with the receding of charismatic leaders, intra-parliamentary divisions are increasingly questioning cabinet supremacy, shifting the balance of power to the Parliament. 1 Table, 37 References. K. Coddon

The Equal Protection Clause of the Fourteenth Amendment has allowed the Supreme Court to intervene in the political process from the 1800s through the US presidential election of 2000. The landmark case, Bush v. Gore, rudely awakened Americans to the fact that the Constitution does not grant individual citizens the right to vote. The Equal Protection Clause itself makes no mention of voting as an inherent right. In the 1960s, the Court used the Equal Protection Clause to involve itself in the causes of reapportionment, vote dilution, & disenfranchisement. However, in many of these cases, it is evident that without Congress, the Court decisions are worth little more than lip service. This reliance on Congress, & a barrier of distrust, led directly to the Court's decision in Bush v. Gore. In fact, it was ultimately the Supreme Court's distrust of Congress's ability to protect the Equal Protection Clause that caused the Court to halt the FL recount. Though the Court's decision in Bush v. Gore was unprecedented, it represents only the latest incarnation of the Supreme Court's inherently regulatory nature. It is unfortunate that this decision has degraded both the Court's reputation & the spirit of American democracy. K. A. Larsen

Describes the origins, development, & functions of Canada's Constitution, with particular attention to two key documents, the Constitution Act 1867 & the Constitution Act 1982. The Quebec issue & status of indigenous First Nations are also addressed over the course of outlining the structure of government, intergovernmental relations, federal powers, the electoral system, citizen rights, & procedure for constitutional amendment. K. Coddon

Describes parliamentary democracy in Finland, where it is combined with a strong presidency. The system is thus a semi-presidential one. Finnish political parties, the delegation process, & external constraints are discussed in light of this distinctive mixed political system. The conclusion addresses major challenges for delegation & accountability due to the predilections of the electoral system, the nature of legislature-cabinet relations, & executive control of the Parliament. The Finnish political system may thus be termed a well functioning representative democracy, but parliamentary democracy in Finland has some marked weaknesses. However, constitutional amendments & EU membership are in the process of reconfiguring Finnish democracy. 1 Table, 46 References. K. Coddon

The impact of globalization & regionalization processes upon India's federal political system is investigated. After providing an overview of India's economic & political development following Indian independence, several aspects of the nation's political system are examined including the structure of the "parliamentary federal" system, the role of intergovernmental agencies, & the process of enacting constitutional amendments. The extent to which India has established regional & international economic & political relations is then discussed. It is asserted that global & regional integration processes have engendered economic liberalization & initiated innovations within federal institutions; however, it is stressed that global forces, not regional nations, have had a stronger influence upon India's economic & political systems. In addition, it is maintained that Harvey Lazar et al.'s (2003) cyberwave & shared governance scenarios for the future direction of global governance would facilitate the further federalization of India's political system & contribute to combating decentralization processes. 3 Tables, 59 References. J. W. Parker

Croatian membership in the EU is subject to the fulfilment of the legal and political obligations laid down in, among other places, the SAA, the Stability and Association Agreement. The implementation of the SAA depends on the definition of its position in the constitutional system of the Republic of Croatia, including the ability for its provisions to be directly applied in EU and in Croatian courts, the legal status of the bodies provided for in the SAA, and the legal position and legal standing of the decisions taken by these bodies. The implementation of constitutional changes is necessary for full membership of the EU, and some changes are also necessary even for implementation of the SAA. These are provisions that provide the legal basis for membership in the EU, including the definition of the manner of making use of state sovereignty, provisions that define in detail the legal status of international law and European primary and secondary law in the internal legal system of the EU, and provisions that adapt the constitutional organisation of the Republic of Croatia to the conditions of associate or full membership of the EU, optimise the functions of the institutions of state authority that will have to work in new conditions. In an evaluation of the fulfilment of the conditions for membership in the EU, the criterion for evaluation of the extent to which the legal system is adjusted will not be only the contents of the legal standards, but also the political, economic and social matters that are governed by these legal standards.

Gives the US Supreme Court "two & a half cheers" for its actions in Bush v. Gore, maintaining that the loss of a half cheer was due to their failure to render a bipartisan consensus on the remand issue, which tarnished both the Court & the Bush presidency. Even though Bush probably would have won the recount in FL, & the FL Supreme Court placed the US Supreme Court in an awkward position, the US Court was correct in finding that a standardless recount would violate the 14th Amendment. However, it is contended that the outcome would have been more legitimate if the majority of the justices had joined Justices Souter & Breyer in requiring a remand under strict constitutional standards. The constitutional problem involved in the unequal treatment of identical voters is discussed, along with the often dubious strategies of both Al Gore & George W. Bush's legal teams; much criticism could have been avoided if Gore's position had been a little fairer, & Bush's position a little more accommodating. J. Lindroth

Discusses the potential of various sensory-enhancing technologies in terrorist situations & the legal & constitutional questions raised by their use. The utility & efficiency of ambient light magnification, audio amplification, infrared lighting, & radar are compared. The potential for abuse of Fourth Amendment privacy rights, as seen in the 1967 Katz v. US case, & the legal implications of specific applications of these technologies in "classic" (drug interdiction) & "nonclassic" (counterterrorist) situations are assessed. It is shown how courts rely on passive vs penetrative technology distinctions to resolve these issues & how improvements in technology could provide a more accurate audio & visual record of terrorist incidents. These distinctions may influence the development & marketing of future sensory-enhancing technologies. T. Arnold