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Constitutional Amendments and the Constitutional Common Law
In: The Least Examined Branch, S. 229-272
Unintended Consequences and Constitutional Amendments
In: Law and the Limits of Reason, S. 163-186
Constitutional Amendment and Political Constitutionalism
In: Philosophical Foundations of Constitutional Law, S. 95-116
Democracy and Constitutional Amendments: Economic Reforms in India
In: Internationalisierung des Rechts und seine ökonomische Analyse, S. 747-758
Greece: 'Rationalizing' Constitutional Powers in a Post-Dictatorial Country
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 26th Amendment to the U.S. Constitution: Does it Really Make Age Discrimination in the Vote Against Under 18s Constitutional? The Broader Lessons
In: Young People’s Human Rights and The Politics of Voting Age, S. 99-130
Equal Protection: Bush v. Gore and the Making of a Precedent
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
Canada
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
Finland: Polarized Pluralism in the Shadow of a Strong President
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
Togo - 2018: Politique intérieure, affaires étrangères, développement socio-économique
In: Africa Yearbook. Vol. 15, Politics, economy and society South of the Sahara in 2018, S. 179-188
Throughout the year the controversial legislative elections dominated the political landscape. Huge anti-government demonstrations that called in vain for political alternance. The legislative elections of 20 December 2018, boycotted by the major opposition parties, resulted in an easy victory of the ruling party, however without the expected constitutional amendment majority. Therefore, the prime minister and his cabinet were replaced. The local elections, crucial for democratization at the grass-roots, but postponed time and again since 1987, were again postponed in December 2018 sine die. Economic growth remained stable at about 5% per annum. Public investment in infrastructure (e. g. roads, harbour) and increases in agricultural productivity, notably of export crops, had been the key drivers of economic growth. Moreover, money-laundering, illegal money transfers and trafficking grew alarmingly. Unemployment and lacking political change caused increasing migration.
Economic Liberalization and Political Federalization in India: Mutually Reinforcing Responses to Global Integration
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 accession to the European Union: the transformation of the legal system
In: Croatian accession to the European Union. Vol. 1, Economic and legal challenges, S. 223-248
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.
Wider den Mythos der Unregierbarkeit: braucht Italien eine neue Verfassung?
In: Modell Italien?: neues aus dem Land der Traditionen, S. 29-37
Vor genau vierzig Jahren wurde die italienische Verfassung verabschiedet. Seit zehn Jahren findet in Italien eine intensive Debatte über ihre Reform statt. Zentrale Institute und Institutionen wie das Wahlrecht, das Parlament und die Regierung sollen reformiert werden, um das politische System effizienter zu machen. Eine unvoreingenommene Analyse der italienischen Demokratie zeigt jedoch, daß diese weder unregierbar ist, noch einen Vergleich mit den anderen Demokratien des Westens zu scheuen braucht. Aus dieser Perspektive läßt sich die verfassungspolitische Debatte eher als ein Akt symbolischer Politik deuten, denn als ein notwendig gewordenes Reformunterfangen zur "Rettung der italienischen Demokratie".
Parlament und Regierung
In: Verfassungsreform in der Bundesrepublik Deutschland?, S. 53-95