Alicia Hinarejos
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199569960
- eISBN:
- 9780191721977
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569960.001.0001
- Subject:
- Law, EU Law
The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by ...
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The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.Less
The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.
Jo Shaw and Antje Wiener
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297574
- eISBN:
- 9780191598982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297572.003.0004
- Subject:
- Political Science, European Union
This chapter examines the features of European integration, which suggest that the EU is both ‘near-state’ and antiethical to stateness. It highlights the paradox of the European policy, consisting ...
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This chapter examines the features of European integration, which suggest that the EU is both ‘near-state’ and antiethical to stateness. It highlights the paradox of the European policy, consisting of a parallel development of two dimensions: one institutional and the other theoretical. The debate over constitutionalism and constitutional change as an approach to the paradox of stateness is discussed. An empirical example of a process in which social norms become materialized into legal norms is presented.Less
This chapter examines the features of European integration, which suggest that the EU is both ‘near-state’ and antiethical to stateness. It highlights the paradox of the European policy, consisting of a parallel development of two dimensions: one institutional and the other theoretical. The debate over constitutionalism and constitutional change as an approach to the paradox of stateness is discussed. An empirical example of a process in which social norms become materialized into legal norms is presented.
Robert F. Williams
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195343083
- eISBN:
- 9780199866960
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195343083.003.0013
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the variety of mechanisms available to propose changes to state constitutions. Amendments or revisions of state constitutions can be accomplished through legislative proposal, ...
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This chapter discusses the variety of mechanisms available to propose changes to state constitutions. Amendments or revisions of state constitutions can be accomplished through legislative proposal, constitutional convention proposal, constitutional commission proposal, and the initiative in states that permit it. In all states other than Delaware, the electors must approve changes to the state constitution. The chapter reviews the use of limited state constitutional conventions, and constitutional commissions. Constitutional revision processes in a variety of states during the 20th century are discussed, together with general lessons that can be derived from those experiences. The chapter describes difficulties faced in modern times with state constitutional amendment and revision, including popular distrust of constitutional conventions and other constitution-making processes. Several proposed improvements to the initiative process for state constitutional change also discussed.Less
This chapter discusses the variety of mechanisms available to propose changes to state constitutions. Amendments or revisions of state constitutions can be accomplished through legislative proposal, constitutional convention proposal, constitutional commission proposal, and the initiative in states that permit it. In all states other than Delaware, the electors must approve changes to the state constitution. The chapter reviews the use of limited state constitutional conventions, and constitutional commissions. Constitutional revision processes in a variety of states during the 20th century are discussed, together with general lessons that can be derived from those experiences. The chapter describes difficulties faced in modern times with state constitutional amendment and revision, including popular distrust of constitutional conventions and other constitution-making processes. Several proposed improvements to the initiative process for state constitutional change also discussed.
Oisín Tansey
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199561032
- eISBN:
- 9780191721496
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561032.003.0006
- Subject:
- Political Science, Comparative Politics, Democratization
The exercise of international administration in Bosnia and Herzegovina dates from 1995, when a High Representative of the international community was established to oversee the implementation of the ...
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The exercise of international administration in Bosnia and Herzegovina dates from 1995, when a High Representative of the international community was established to oversee the implementation of the Dayton Peace Agreement. This chapter explores the international and domestic interactions in Bosnia, and highlights in detail how the international presence has combined with local forces to shape the country's political transition. The first section of this chapter provides an overview of the Dayton Agreement itself, and outlines the structure of the international mission in Bosnia. Subsequent sections examine international involvement in three key arenas of political transition, and explore the ways in which international authorities in Bosnia have shaped democratic development and contributed heavily to the development and evolution of Bosnia's complex political regime. The result has been a mode of transition in Bosnia that has at times entailed international and domestic cooperation and consensus, but that has also frequently been marked by international imposition in the face of domestic opposition. Democratic regime-building in Bosnia has been a contested process.Less
The exercise of international administration in Bosnia and Herzegovina dates from 1995, when a High Representative of the international community was established to oversee the implementation of the Dayton Peace Agreement. This chapter explores the international and domestic interactions in Bosnia, and highlights in detail how the international presence has combined with local forces to shape the country's political transition. The first section of this chapter provides an overview of the Dayton Agreement itself, and outlines the structure of the international mission in Bosnia. Subsequent sections examine international involvement in three key arenas of political transition, and explore the ways in which international authorities in Bosnia have shaped democratic development and contributed heavily to the development and evolution of Bosnia's complex political regime. The result has been a mode of transition in Bosnia that has at times entailed international and domestic cooperation and consensus, but that has also frequently been marked by international imposition in the face of domestic opposition. Democratic regime-building in Bosnia has been a contested process.
Ngoc Son Bui
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780198851349
- eISBN:
- 9780191885969
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198851349.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter theorizes socialist constitutional change, using a holistic approach, which integrates conceptualist, functionalist, causalist, and institutional accounts. Conceptually, it adopts a ...
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This chapter theorizes socialist constitutional change, using a holistic approach, which integrates conceptualist, functionalist, causalist, and institutional accounts. Conceptually, it adopts a non-binary approach to constitution and constitutional change, seeking to accentuate and situate the formal constitution and formal constitutional change within the broader constitutional order. Functionally, socialist constitutional change can be characterized as progressive constitutional change. Epistemologically rooted in Marxist progressivism, the function of constitutional change in socialist countries is to facilitate the active role of the party-state in improving living conditions of local residents. This progressive constitutional change is driven by a range of top-down and bottom-up factors: leadership change; the party’s changing policy for social and economic development; constitutional and economic globalization; and social demands and social economic transition. The legal form for constitutional change is varied, including: implicit replacement through amendment, explicit replacement through amendment, ordinary replacement, and ordinary amendment. The chapter concludes by categorizing five variations of the socialist models of progressive constitutional change: universal, integration, reservation, exceptional, and personal.Less
This chapter theorizes socialist constitutional change, using a holistic approach, which integrates conceptualist, functionalist, causalist, and institutional accounts. Conceptually, it adopts a non-binary approach to constitution and constitutional change, seeking to accentuate and situate the formal constitution and formal constitutional change within the broader constitutional order. Functionally, socialist constitutional change can be characterized as progressive constitutional change. Epistemologically rooted in Marxist progressivism, the function of constitutional change in socialist countries is to facilitate the active role of the party-state in improving living conditions of local residents. This progressive constitutional change is driven by a range of top-down and bottom-up factors: leadership change; the party’s changing policy for social and economic development; constitutional and economic globalization; and social demands and social economic transition. The legal form for constitutional change is varied, including: implicit replacement through amendment, explicit replacement through amendment, ordinary replacement, and ordinary amendment. The chapter concludes by categorizing five variations of the socialist models of progressive constitutional change: universal, integration, reservation, exceptional, and personal.
Adrian Vermeule
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195383768
- eISBN:
- 9780199855391
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195383768.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter focuses on the choice between two alternative means of effecting constitutional change: formal amendment and common-law judicial interpretation. A standard view in American ...
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This chapter focuses on the choice between two alternative means of effecting constitutional change: formal amendment and common-law judicial interpretation. A standard view in American constitutional theory is that amendments are presumptively harmful, because the limits of reason that afflict their enactors guarantee bad and unintended results. The chapter rejects this view and examines the epistemic costs and benefits of common-law constitutionalism administered by judges, on the one hand, and constitutional amendment, on the other, as alternative means for updating the Constitution in the face of changing circumstances. The claim that amendments are systematically futile, whether or not desirable, is also considered.Less
This chapter focuses on the choice between two alternative means of effecting constitutional change: formal amendment and common-law judicial interpretation. A standard view in American constitutional theory is that amendments are presumptively harmful, because the limits of reason that afflict their enactors guarantee bad and unintended results. The chapter rejects this view and examines the epistemic costs and benefits of common-law constitutionalism administered by judges, on the one hand, and constitutional amendment, on the other, as alternative means for updating the Constitution in the face of changing circumstances. The claim that amendments are systematically futile, whether or not desirable, is also considered.
David Arter
- Published in print:
- 1999
- Published Online:
- November 2003
- ISBN:
- 9780198293866
- eISBN:
- 9780191599156
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293860.003.0003
- Subject:
- Political Science, Comparative Politics
Since the retirement of President Kekkonen in 1981, a process of piecemeal constitutional reform has strengthened the core concept of parliamentary government at the expense of the old ...
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Since the retirement of President Kekkonen in 1981, a process of piecemeal constitutional reform has strengthened the core concept of parliamentary government at the expense of the old quasi‐monarchical elements in the Finnish political system; this modernization process has been propelled by a concern to avoid the possibility of a recurrence of the ‘enlightened despotism’ of the Kekkonen era, and has been aided by the collapse of the Soviet Union. Recent constitutional changes have also enhanced the involvement of the prime minister and government in the performance of the federative (foreign policy) function; above all, the institutional adaptation required by membership of the EU has emphasized the bicephalous character of the Finnish political executive in a way reminiscent of interwar practice. Political factors, notably the ability of the party system to deliver stable majority coalitions, have worked in the same direction, and indeed arguments have been made in favour of the abolition of the whole institution of the presidency. With parliament having recently accepted the main findings of the Nikula Committee's report and restricted the president's involvement in the process of coalition‐building, as well as vesting the government with powers jointly to manage foreign policy, it is clear that Finland is en route to becoming an orthodox parliamentary democracy: the head of state has lost his exclusive charge of the federative function; his involvement in the legislative process is limited and exceptional; and even his executive powers—particularly his powers of appointment—have been restricted in recent years. The different sections of the chapter are: Constitution‐Making 1917–1919: A Monarchical Republic?; The Shift to a President‐Dominant System, 1940–1987; From President‐Dominant to Pluralist Foreign Policy‐Making, 1987–1998; and Towards a Ceremonial Presidency?Less
Since the retirement of President Kekkonen in 1981, a process of piecemeal constitutional reform has strengthened the core concept of parliamentary government at the expense of the old quasi‐monarchical elements in the Finnish political system; this modernization process has been propelled by a concern to avoid the possibility of a recurrence of the ‘enlightened despotism’ of the Kekkonen era, and has been aided by the collapse of the Soviet Union. Recent constitutional changes have also enhanced the involvement of the prime minister and government in the performance of the federative (foreign policy) function; above all, the institutional adaptation required by membership of the EU has emphasized the bicephalous character of the Finnish political executive in a way reminiscent of interwar practice. Political factors, notably the ability of the party system to deliver stable majority coalitions, have worked in the same direction, and indeed arguments have been made in favour of the abolition of the whole institution of the presidency. With parliament having recently accepted the main findings of the Nikula Committee's report and restricted the president's involvement in the process of coalition‐building, as well as vesting the government with powers jointly to manage foreign policy, it is clear that Finland is en route to becoming an orthodox parliamentary democracy: the head of state has lost his exclusive charge of the federative function; his involvement in the legislative process is limited and exceptional; and even his executive powers—particularly his powers of appointment—have been restricted in recent years. The different sections of the chapter are: Constitution‐Making 1917–1919: A Monarchical Republic?; The Shift to a President‐Dominant System, 1940–1987; From President‐Dominant to Pluralist Foreign Policy‐Making, 1987–1998; and Towards a Ceremonial Presidency?
Anthony King
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780199576982
- eISBN:
- 9780191702235
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199576982.001.0001
- Subject:
- Political Science, UK Politics
In the latter part of the 19th century, Walter Bagehot wrote a classic account of the British constitution as it had developed during Queen Victoria's reign. He argued that the late Victorian ...
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In the latter part of the 19th century, Walter Bagehot wrote a classic account of the British constitution as it had developed during Queen Victoria's reign. He argued that the late Victorian constitution was not at all what people thought it was. In this book, the author argues that the same is true at the beginning of this century. Most people are aware that a series of major constitutional changes has taken place, but few recognize that their cumulative effect has been to change entirely the nature of Britain's constitutional structure. The old constitution has gone. The author insists that the new constitution is a mess, but one that we should probably try to make the best of. This book is neither a reference book nor a textbook. Like Bagehot's classic, it is written with wit and mordant humour — by someone who is a journalist and political commentator as well as a distinguished academic. Highly charged issues that remain to be settled concern the relations between Scotland and England and the future of the House of Lords. A reformed House of Lords, the author fears, could wind up comprising ‘a miscellaneous assemblage of party hacks, political careerists, clapped-out retired or defeated MPs, has-beens, never-weres and never-could-possibly-bes’. The book is the product of a lifetime's reflection on British politics and essential reading for anyone interested in how the British system has changed and how it is likely to change in future.Less
In the latter part of the 19th century, Walter Bagehot wrote a classic account of the British constitution as it had developed during Queen Victoria's reign. He argued that the late Victorian constitution was not at all what people thought it was. In this book, the author argues that the same is true at the beginning of this century. Most people are aware that a series of major constitutional changes has taken place, but few recognize that their cumulative effect has been to change entirely the nature of Britain's constitutional structure. The old constitution has gone. The author insists that the new constitution is a mess, but one that we should probably try to make the best of. This book is neither a reference book nor a textbook. Like Bagehot's classic, it is written with wit and mordant humour — by someone who is a journalist and political commentator as well as a distinguished academic. Highly charged issues that remain to be settled concern the relations between Scotland and England and the future of the House of Lords. A reformed House of Lords, the author fears, could wind up comprising ‘a miscellaneous assemblage of party hacks, political careerists, clapped-out retired or defeated MPs, has-beens, never-weres and never-could-possibly-bes’. The book is the product of a lifetime's reflection on British politics and essential reading for anyone interested in how the British system has changed and how it is likely to change in future.
Anthony King
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780199576982
- eISBN:
- 9780191702235
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199576982.003.0014
- Subject:
- Political Science, UK Politics
This chapter describes the new British constitution as a mess. In this context, the word mess is meant to be understood descriptively, to denote an actually existing state of affairs and not to ...
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This chapter describes the new British constitution as a mess. In this context, the word mess is meant to be understood descriptively, to denote an actually existing state of affairs and not to condemn it or cast aspersions against it. A year after the election of the New Labour government in 1997, Lord Irvine of Lairg insisted that the changes in the constitution that the government had set in motion amounted to nothing less than a coherent and integrated programme of reform.Less
This chapter describes the new British constitution as a mess. In this context, the word mess is meant to be understood descriptively, to denote an actually existing state of affairs and not to condemn it or cast aspersions against it. A year after the election of the New Labour government in 1997, Lord Irvine of Lairg insisted that the changes in the constitution that the government had set in motion amounted to nothing less than a coherent and integrated programme of reform.
Anthony King
- Published in print:
- 2009
- Published Online:
- October 2011
- ISBN:
- 9780199576982
- eISBN:
- 9780191702235
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199576982.003.0004
- Subject:
- Political Science, UK Politics
This chapter highlights the need for Britain to undergo a change in its constitution. There are several reasons why Britain should undergo a constitutional change. Britain lost both its vast empire ...
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This chapter highlights the need for Britain to undergo a change in its constitution. There are several reasons why Britain should undergo a constitutional change. Britain lost both its vast empire and its historic status as a great world power. By the mid 1960s, the union had been hauled down in almost every one of Britain’s former colonies. Britain was no longer an imperial power. Moreover, the 1960 revolution affected much of the Western world including the United States, but its impact on Britain was especially profound. The revolt amounted to a frontal assault, not on Britain’s small-c constitution as such but on the political culture that had for so long underpinned it.Less
This chapter highlights the need for Britain to undergo a change in its constitution. There are several reasons why Britain should undergo a constitutional change. Britain lost both its vast empire and its historic status as a great world power. By the mid 1960s, the union had been hauled down in almost every one of Britain’s former colonies. Britain was no longer an imperial power. Moreover, the 1960 revolution affected much of the Western world including the United States, but its impact on Britain was especially profound. The revolt amounted to a frontal assault, not on Britain’s small-c constitution as such but on the political culture that had for so long underpinned it.
Neil MacCormick
- Published in print:
- 2007
- Published Online:
- January 2012
- ISBN:
- 9780197264249
- eISBN:
- 9780191734045
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264249.003.0007
- Subject:
- History, Cultural History
This lecture discusses judicial independence. It notes that the increase in concern over judicial independence was due to recent developments in Scotland, England and Wales. The constitutional ...
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This lecture discusses judicial independence. It notes that the increase in concern over judicial independence was due to recent developments in Scotland, England and Wales. The constitutional changes also led to new relationships between ministers and judges, which in turn has led to governmental declarations to respect the rule of law and judicial independence. The lecture also stresses the importance of considering and re-asserting the principles that justify judicial independence, as well as the underlying concept of separation of powers.Less
This lecture discusses judicial independence. It notes that the increase in concern over judicial independence was due to recent developments in Scotland, England and Wales. The constitutional changes also led to new relationships between ministers and judges, which in turn has led to governmental declarations to respect the rule of law and judicial independence. The lecture also stresses the importance of considering and re-asserting the principles that justify judicial independence, as well as the underlying concept of separation of powers.
Sarbani Sen
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198071600
- eISBN:
- 9780199080045
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198071600.003.0008
- Subject:
- Law, Constitutional and Administrative Law
This chapter attempts to trace the path of exercise of the principle of popular sovereignty in the post-founding period in its third stage of redefinition. In the Indian constitutional tradition, in ...
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This chapter attempts to trace the path of exercise of the principle of popular sovereignty in the post-founding period in its third stage of redefinition. In the Indian constitutional tradition, in this third form, popular sovereign power expresses itself during periods of ‘constitutional politics’ in Ackerman's sense, through processes of constitutional transformation that break through existing procedures for constitutional change under Article 368, but which nevertheless creatively adapt present institutional forms to generate prolonged periods of discourse between the citizens and political leaders to arrive at a consensus on conflicting issues. This expression of popular sovereign power falls in between the direct exercise of sovereign power by the people to alter and abolish an arbitrary colonial government that occurred in the pre-founding period, and the proceduralized form of opinion and will formation serving to legitimate ordinary law-making in the nation state.Less
This chapter attempts to trace the path of exercise of the principle of popular sovereignty in the post-founding period in its third stage of redefinition. In the Indian constitutional tradition, in this third form, popular sovereign power expresses itself during periods of ‘constitutional politics’ in Ackerman's sense, through processes of constitutional transformation that break through existing procedures for constitutional change under Article 368, but which nevertheless creatively adapt present institutional forms to generate prolonged periods of discourse between the citizens and political leaders to arrive at a consensus on conflicting issues. This expression of popular sovereign power falls in between the direct exercise of sovereign power by the people to alter and abolish an arbitrary colonial government that occurred in the pre-founding period, and the proceduralized form of opinion and will formation serving to legitimate ordinary law-making in the nation state.
Sarah Stockwell
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198208488
- eISBN:
- 9780191678035
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208488.003.0004
- Subject:
- History, British and Irish Modern History
The inauguration of African self-government entailed some loss of privilege for British capitalist interests in the Gold Coast. Not only did the constitutional changes of 1951 sweep aside the old ...
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The inauguration of African self-government entailed some loss of privilege for British capitalist interests in the Gold Coast. Not only did the constitutional changes of 1951 sweep aside the old Legislative Council on which British business interests had been represented, replacing it with a new elected assembly, but the devolution of power from the Colonial Office in London to nationalists in Accra rendered the metropolitan focus of expatriate firms' business associations increasingly inappropriate. Companies in all sectors set about ensuring that British firms would have adequate representation in the new assembly. When this strategy ultimately proved unsuccessful, businessmen focused on constructing alternative representation in Accra. The differences that had earlier prevented British merchant firms adopting a collective approach were largely overcome, further highlighting the impact of constitutional change on British business. The importance of securing effective vehicles for promoting business interests in anticipation of and then following constitutional change, was explicit throughout and can appropriately be regarded as a strategy for decolonization.Less
The inauguration of African self-government entailed some loss of privilege for British capitalist interests in the Gold Coast. Not only did the constitutional changes of 1951 sweep aside the old Legislative Council on which British business interests had been represented, replacing it with a new elected assembly, but the devolution of power from the Colonial Office in London to nationalists in Accra rendered the metropolitan focus of expatriate firms' business associations increasingly inappropriate. Companies in all sectors set about ensuring that British firms would have adequate representation in the new assembly. When this strategy ultimately proved unsuccessful, businessmen focused on constructing alternative representation in Accra. The differences that had earlier prevented British merchant firms adopting a collective approach were largely overcome, further highlighting the impact of constitutional change on British business. The importance of securing effective vehicles for promoting business interests in anticipation of and then following constitutional change, was explicit throughout and can appropriately be regarded as a strategy for decolonization.
Mark A. Graber
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199943883
- eISBN:
- 9780199369799
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199943883.001.0001
- Subject:
- Law, Constitutional and Administrative Law
A New Introduction to American Constitutionalism offers a historical–institutionalist perspective on American constitutionalism. Proper introductions to a mature American ...
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A New Introduction to American Constitutionalism offers a historical–institutionalist perspective on American constitutionalism. Proper introductions to a mature American constitutionalism begin by exploring different theories about the nature and purposes of constitutions, with particular emphasis on the nature and purpose of the Constitution of the United States. Students then become acquainted with different approaches for determining the meaning of constitutional provisions, allocating constitutional authority, and bringing about legitimate constitutional change. Educated citizens acquire a global perspective on the American constitutional order by familiarizing themselves with the distinctive constitutional issues raised by foreign policy, foreign constitutions, and international law. Finally, a basic course in constitutionalism should highlight that constitutions work more by constructing and constituting politics than by compelling government officials to do what they might not want to do. In short, the emphasis is on American constitutionalism, American constitutional purposes, and American constitutional politics rather than solely on constitutional law. A central theme of this work and of historical–institutionalism in general is to bring nonjudicial, often nonlegal features of American constitutionalism into clear view, whether they be presidential influence on American constitutional development, the way various racial orders structure the constitutional practice of equal protection, or the influences of constitutional structures that are never litigated, such as the presidential veto power, on the capacity of the Constitution of the United States to deliver vital constitutional goods.Less
A New Introduction to American Constitutionalism offers a historical–institutionalist perspective on American constitutionalism. Proper introductions to a mature American constitutionalism begin by exploring different theories about the nature and purposes of constitutions, with particular emphasis on the nature and purpose of the Constitution of the United States. Students then become acquainted with different approaches for determining the meaning of constitutional provisions, allocating constitutional authority, and bringing about legitimate constitutional change. Educated citizens acquire a global perspective on the American constitutional order by familiarizing themselves with the distinctive constitutional issues raised by foreign policy, foreign constitutions, and international law. Finally, a basic course in constitutionalism should highlight that constitutions work more by constructing and constituting politics than by compelling government officials to do what they might not want to do. In short, the emphasis is on American constitutionalism, American constitutional purposes, and American constitutional politics rather than solely on constitutional law. A central theme of this work and of historical–institutionalism in general is to bring nonjudicial, often nonlegal features of American constitutionalism into clear view, whether they be presidential influence on American constitutional development, the way various racial orders structure the constitutional practice of equal protection, or the influences of constitutional structures that are never litigated, such as the presidential veto power, on the capacity of the Constitution of the United States to deliver vital constitutional goods.
Angus Johnston
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780199226221
- eISBN:
- 9780191696206
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199226221.003.0008
- Subject:
- Law, EU Law
This chapter begins by outlining possible ways of making changes of a constitutional nature within the EU. It suggests that careful matching of procedures to issues should be conducted to increase ...
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This chapter begins by outlining possible ways of making changes of a constitutional nature within the EU. It suggests that careful matching of procedures to issues should be conducted to increase the chances of successful future constitutional reform. It then discusses strategies for coping with the results of the two negative referendums, examining briefly the legal position of the Treaty establishing a Constitution for Europe (TCE) and some of the political moves made during the first part of the period of reflection, as well as seeking to unpack some of the reasons that lay behind the rejection of the TCE in France and the Netherlands. It is argued that an understanding of these complexities is important to providing the necessary background to any future constitutional reform proposals, whether in the form of Treaty amendments or by other means. Two particular issues are raised which can safely and legitimately be pursued even in the absence of any (imminent) ratification of the TCE as it stands: the improvement of the transparency of EC proceedings and the application of the principle of subsidiarity in conjunction with national Parliaments.Less
This chapter begins by outlining possible ways of making changes of a constitutional nature within the EU. It suggests that careful matching of procedures to issues should be conducted to increase the chances of successful future constitutional reform. It then discusses strategies for coping with the results of the two negative referendums, examining briefly the legal position of the Treaty establishing a Constitution for Europe (TCE) and some of the political moves made during the first part of the period of reflection, as well as seeking to unpack some of the reasons that lay behind the rejection of the TCE in France and the Netherlands. It is argued that an understanding of these complexities is important to providing the necessary background to any future constitutional reform proposals, whether in the form of Treaty amendments or by other means. Two particular issues are raised which can safely and legitimately be pursued even in the absence of any (imminent) ratification of the TCE as it stands: the improvement of the transparency of EC proceedings and the application of the principle of subsidiarity in conjunction with national Parliaments.
Ngoc Son Bui
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780198851349
- eISBN:
- 9780191885969
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198851349.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This book seeks to fill the academic gap in the existing literature on comparative constitutional law by examining how and why five current socialist countries (China, Cuba, Laos, North Korea, and ...
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This book seeks to fill the academic gap in the existing literature on comparative constitutional law by examining how and why five current socialist countries (China, Cuba, Laos, North Korea, and Vietnam) have changed their constitutions after the fall of the Soviet Union. Adopting an interdisciplinary approach which integrates comparative constitutional law with social sciences (particularly political science and sociology), this book explores and explains: the progressive function; institutional and socio-economic causes; legal forms, processes, and powers; and five variations (universal, integration, reservation, exceptional, and personal) of socialist constitutional change. It uses qualitative methodology, including the support of fieldwork. It contributes to a better understanding of dynamic socioeconomic, legal, and constitutional change in socialist countries and comparative constitutional law and theory, generally.Less
This book seeks to fill the academic gap in the existing literature on comparative constitutional law by examining how and why five current socialist countries (China, Cuba, Laos, North Korea, and Vietnam) have changed their constitutions after the fall of the Soviet Union. Adopting an interdisciplinary approach which integrates comparative constitutional law with social sciences (particularly political science and sociology), this book explores and explains: the progressive function; institutional and socio-economic causes; legal forms, processes, and powers; and five variations (universal, integration, reservation, exceptional, and personal) of socialist constitutional change. It uses qualitative methodology, including the support of fieldwork. It contributes to a better understanding of dynamic socioeconomic, legal, and constitutional change in socialist countries and comparative constitutional law and theory, generally.
Arthur Benz
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9780198786078
- eISBN:
- 9780191827754
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198786078.003.0002
- Subject:
- Political Science, Comparative Politics
Beginning with a discussion of the state of research, this chapter outlines the theoretical framework guiding the comparative study on constitutional change. In contrast to theories on institutional ...
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Beginning with a discussion of the state of research, this chapter outlines the theoretical framework guiding the comparative study on constitutional change. In contrast to theories on institutional or policy change and veto-players theory, this framework emphasizes agenda setting and negotiations on amendment proposals. It suggests looking at the whole process of constitutional policy-making. While external conditions like economic crises, pressure from interest organizations or party politics are not neglected, the way constitutional negotiations are framed and organized is accentuated as the most significant condition affecting the outcome of constitutional policy. Moreover, formal (explicit) and informal (implicit) constitutional change are considered as closely linked processes contributing to the dynamics of change Finally, the chapter provides information on the design of the empirical research and explains the selection of cases compared in the study.Less
Beginning with a discussion of the state of research, this chapter outlines the theoretical framework guiding the comparative study on constitutional change. In contrast to theories on institutional or policy change and veto-players theory, this framework emphasizes agenda setting and negotiations on amendment proposals. It suggests looking at the whole process of constitutional policy-making. While external conditions like economic crises, pressure from interest organizations or party politics are not neglected, the way constitutional negotiations are framed and organized is accentuated as the most significant condition affecting the outcome of constitutional policy. Moreover, formal (explicit) and informal (implicit) constitutional change are considered as closely linked processes contributing to the dynamics of change Finally, the chapter provides information on the design of the empirical research and explains the selection of cases compared in the study.
Colin A. Palmer
- Published in print:
- 2014
- Published Online:
- July 2014
- ISBN:
- 9781469611693
- eISBN:
- 9781469615301
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469611693.003.0009
- Subject:
- History, Latin American History
This chapter defines the existing Jamaican constitution as an anachronism at a time when many peoples in the colonial worlds were beginning to demand a greater degree of control over their affairs. ...
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This chapter defines the existing Jamaican constitution as an anachronism at a time when many peoples in the colonial worlds were beginning to demand a greater degree of control over their affairs. This was the case in India, Malaya, Indonesia, and elsewhere. Although the 1938 Moyne Commission was not empowered to address issues of constitutional change specifically, it was generally expected that such matters could not be ignored in the much-anticipated report. Appointed in mid-1938, Governor Arthur Richards was sensitive to the rumblings for constitutional change and began to solicit the opinions of the elected members of the legislature on the issue shortly after he assumed his duties. Richards made his request on September 7, 1938, but, as he reported to the Colonial Office, no legislator had responded by February 24, 1939.Less
This chapter defines the existing Jamaican constitution as an anachronism at a time when many peoples in the colonial worlds were beginning to demand a greater degree of control over their affairs. This was the case in India, Malaya, Indonesia, and elsewhere. Although the 1938 Moyne Commission was not empowered to address issues of constitutional change specifically, it was generally expected that such matters could not be ignored in the much-anticipated report. Appointed in mid-1938, Governor Arthur Richards was sensitive to the rumblings for constitutional change and began to solicit the opinions of the elected members of the legislature on the issue shortly after he assumed his duties. Richards made his request on September 7, 1938, but, as he reported to the Colonial Office, no legislator had responded by February 24, 1939.
Stephen Tierney
- Published in print:
- 2019
- Published Online:
- April 2019
- ISBN:
- 9780198836544
- eISBN:
- 9780191873737
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198836544.003.0015
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the independence referendum in Scotland, held on September 18, 2014, and its implications for the federal direction of the United Kingdom. The referendum saw 55 percent of Scots ...
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This chapter examines the independence referendum in Scotland, held on September 18, 2014, and its implications for the federal direction of the United Kingdom. The referendum saw 55 percent of Scots say “No” to the question: “Should Scotland be an Independent Country?”. Despite this result, the referendum has sparked a further process of decentralization. The chapter first describes the context that led to the Scottish independence referendum, focusing in particular on the success of the Scottish National Party (SNP) in the parliamentary elections of May 2011 and why the referendum emerged from—and was organized within—the normal contours of constitutional democracy. It then considers the period of constitutional engagement and the outcome of the referendum before concluding with an analysis of some of the lessons that can be drawn from it with regard to constitutional change and the issue of secession.Less
This chapter examines the independence referendum in Scotland, held on September 18, 2014, and its implications for the federal direction of the United Kingdom. The referendum saw 55 percent of Scots say “No” to the question: “Should Scotland be an Independent Country?”. Despite this result, the referendum has sparked a further process of decentralization. The chapter first describes the context that led to the Scottish independence referendum, focusing in particular on the success of the Scottish National Party (SNP) in the parliamentary elections of May 2011 and why the referendum emerged from—and was organized within—the normal contours of constitutional democracy. It then considers the period of constitutional engagement and the outcome of the referendum before concluding with an analysis of some of the lessons that can be drawn from it with regard to constitutional change and the issue of secession.
John Kent
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198203025
- eISBN:
- 9780191675669
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203025.003.0010
- Subject:
- History, World Modern History
The new post-war commitment of Colonial Offices in France and Britain to economic development and social welfare emerged alongside a growing African interest in political and constitutional change. ...
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The new post-war commitment of Colonial Offices in France and Britain to economic development and social welfare emerged alongside a growing African interest in political and constitutional change. The politicisation of more sections of West African society was bound to have an impact on colonial policy-makers seeking to redefine their links with the non-self governing territories. In this difficult process, the efforts of the French and British to co-operate in order to influence future developments had, by 1949, become more problematic. There are differences between British and French attitudes to the use of constitutional change to retain control and influence over these interest groups or ‘nationalist’ movements seeking political power or economic advancement. The key issue which revealed these differences was the demands of the Ewes for some form of national self-determination.Less
The new post-war commitment of Colonial Offices in France and Britain to economic development and social welfare emerged alongside a growing African interest in political and constitutional change. The politicisation of more sections of West African society was bound to have an impact on colonial policy-makers seeking to redefine their links with the non-self governing territories. In this difficult process, the efforts of the French and British to co-operate in order to influence future developments had, by 1949, become more problematic. There are differences between British and French attitudes to the use of constitutional change to retain control and influence over these interest groups or ‘nationalist’ movements seeking political power or economic advancement. The key issue which revealed these differences was the demands of the Ewes for some form of national self-determination.
