Vernon Bogdanor
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198293347
- eISBN:
- 9780191598821
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293348.003.0005
- Subject:
- Political Science, UK Politics
The three constitutional crises examined are that caused by the rejection by the House of Lords of Lloyd George's `People's Budget’ of 1909; that caused by the Home Rule Act of 1914; and the ...
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The three constitutional crises examined are that caused by the rejection by the House of Lords of Lloyd George's `People's Budget’ of 1909; that caused by the Home Rule Act of 1914; and the abdication in 1936. Each of these crises posed difficult problems for the sovereigns involved—George V and Edward VIII—and for their Prime Ministers—Asquith and Baldwin. In 1914, George V seriously contemplated refusing royal assent to legislation passed by Parliament. In 1936, abdication, a voluntary renunciation, seemed a threat to the very institution of monarchy, which depends upon automatic hereditary descent. But, paradoxically, the abdication heralded a vote of confidence for monarchy and the new style of limited, constitutional monarchy, as represented by George VI.Less
The three constitutional crises examined are that caused by the rejection by the House of Lords of Lloyd George's `People's Budget’ of 1909; that caused by the Home Rule Act of 1914; and the abdication in 1936. Each of these crises posed difficult problems for the sovereigns involved—George V and Edward VIII—and for their Prime Ministers—Asquith and Baldwin. In 1914, George V seriously contemplated refusing royal assent to legislation passed by Parliament. In 1936, abdication, a voluntary renunciation, seemed a threat to the very institution of monarchy, which depends upon automatic hereditary descent. But, paradoxically, the abdication heralded a vote of confidence for monarchy and the new style of limited, constitutional monarchy, as represented by George VI.
Iain Mclean
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199546954
- eISBN:
- 9780191720031
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546954.003.0013
- Subject:
- Political Science, Comparative Politics, UK Politics
Purpose of a head of state. Executive and non‐executive heads of state in some democratic constitutions. Australian constitutional crisis 1975. Sir David Smith fails to wake the Queen's Private ...
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Purpose of a head of state. Executive and non‐executive heads of state in some democratic constitutions. Australian constitutional crisis 1975. Sir David Smith fails to wake the Queen's Private Secretary. Argument for monarchy: certainty. Arguments against: democracy; quality of head of state. The Hanoverian dynasty as UK heads of state. How to elect a head of state?. What would happen to the Royal Prerogative in a democracy. The George V—Asquith exchange of letters in autumn 1913.Less
Purpose of a head of state. Executive and non‐executive heads of state in some democratic constitutions. Australian constitutional crisis 1975. Sir David Smith fails to wake the Queen's Private Secretary. Argument for monarchy: certainty. Arguments against: democracy; quality of head of state. The Hanoverian dynasty as UK heads of state. How to elect a head of state?. What would happen to the Royal Prerogative in a democracy. The George V—Asquith exchange of letters in autumn 1913.
Vernon Bogdanor
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198293347
- eISBN:
- 9780191598821
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293348.001.0001
- Subject:
- Political Science, UK Politics
Seeks to answer the question `How does monarchy function in a modern democracy?’ Since the British Constitution is so heavily dependent upon history, the question can only be answered historically. ...
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Seeks to answer the question `How does monarchy function in a modern democracy?’ Since the British Constitution is so heavily dependent upon history, the question can only be answered historically. The rules that regulate Britain's constitutional monarchy and the so‐called personal prerogatives are then discussed. Three twentieth‐century constitutional crises in which the authority of the sovereign was in question are then analysed. Finally, the book considers how the monarchy is financed, and the relationship between the monarchy and the Church of England and the monarchy and the Commonwealth. The concluding chapter considers the future of constitutional monarchy.Less
Seeks to answer the question `How does monarchy function in a modern democracy?’ Since the British Constitution is so heavily dependent upon history, the question can only be answered historically. The rules that regulate Britain's constitutional monarchy and the so‐called personal prerogatives are then discussed. Three twentieth‐century constitutional crises in which the authority of the sovereign was in question are then analysed. Finally, the book considers how the monarchy is financed, and the relationship between the monarchy and the Church of England and the monarchy and the Commonwealth. The concluding chapter considers the future of constitutional monarchy.
Iain McLean
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198295297
- eISBN:
- 9780191599873
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295294.003.0006
- Subject:
- Political Science, UK Politics
The first of two case studies of Lloyd George. Discusses his successes at widening the social base of the Liberal Party and at provoking the House of Lords into fighting and losing the constitutional ...
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The first of two case studies of Lloyd George. Discusses his successes at widening the social base of the Liberal Party and at provoking the House of Lords into fighting and losing the constitutional crisis of 1909–11. Considers why he failed to construct a hegemonic centre party after the First World War, or to stifle the rise of the Labour Party.Less
The first of two case studies of Lloyd George. Discusses his successes at widening the social base of the Liberal Party and at provoking the House of Lords into fighting and losing the constitutional crisis of 1909–11. Considers why he failed to construct a hegemonic centre party after the First World War, or to stifle the rise of the Labour Party.
Seyyed Vali Reza Nasr
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195144260
- eISBN:
- 9780199833931
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195144260.003.0003
- Subject:
- Political Science, International Relations and Politics
Malaysia and Pakistan were created from the rump of British colonialism in India and Southeast Asia. Both states lacked national identity or a unified polity that preceded independence. Both ...
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Malaysia and Pakistan were created from the rump of British colonialism in India and Southeast Asia. Both states lacked national identity or a unified polity that preceded independence. Both confronted social divisions that were the legacy of the colonial era. In fact, in both countries the struggle for independence was not directed against the British, but was a competition of racial, religious, and ethnic rivals. As weak states, they were unable to proceed with effective state formation. Economic Disparities in Malaysia led to racial and ethnic tensions. Weak state institutions and constitutional crises led to ethnic tensions in Pakistan.Less
Malaysia and Pakistan were created from the rump of British colonialism in India and Southeast Asia. Both states lacked national identity or a unified polity that preceded independence. Both confronted social divisions that were the legacy of the colonial era. In fact, in both countries the struggle for independence was not directed against the British, but was a competition of racial, religious, and ethnic rivals. As weak states, they were unable to proceed with effective state formation. Economic Disparities in Malaysia led to racial and ethnic tensions. Weak state institutions and constitutional crises led to ethnic tensions in Pakistan.
Mark A. Graber
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199943883
- eISBN:
- 9780199369799
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199943883.003.0008
- Subject:
- Law, Constitutional and Administrative Law
Constitutions work by constraining, constructing, and constituting politics. Constitutions constrain politics when citizens and governing officials subordinate their policy preferences to ...
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Constitutions work by constraining, constructing, and constituting politics. Constitutions constrain politics when citizens and governing officials subordinate their policy preferences to constitutional norms. Constitutions construct politics when citizens and governing officials follow the rules that determine whose policy preferences and constitutional understandings at any time are the official law of the land. Constitutions constitute politics when citizens and elected officials are socialized in ways that lead them to internalize constitutional values and regard constitutional processes as the only legitimate means for resolving legal and policy disputes. The common obsessive focus on constitutional constraints ignores alternative means by which the Constitution of the United States works to protect fundamental rights and limit government, disregards entirely how the Constitution of the United States promotes vital constitutional purposes that cannot be reduced to legal norms, and provides an impoverished account of the constitutional crises that have wracked American constitutionalismLess
Constitutions work by constraining, constructing, and constituting politics. Constitutions constrain politics when citizens and governing officials subordinate their policy preferences to constitutional norms. Constitutions construct politics when citizens and governing officials follow the rules that determine whose policy preferences and constitutional understandings at any time are the official law of the land. Constitutions constitute politics when citizens and elected officials are socialized in ways that lead them to internalize constitutional values and regard constitutional processes as the only legitimate means for resolving legal and policy disputes. The common obsessive focus on constitutional constraints ignores alternative means by which the Constitution of the United States works to protect fundamental rights and limit government, disregards entirely how the Constitution of the United States promotes vital constitutional purposes that cannot be reduced to legal norms, and provides an impoverished account of the constitutional crises that have wracked American constitutionalism
- Published in print:
- 2008
- Published Online:
- September 2012
- ISBN:
- 9780748637546
- eISBN:
- 9780748671588
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748637546.001.0001
- Subject:
- Law, Legal History
Commissioned by the Clark Foundation for Legal Education, this book is derived from the inaugural Jean Clark Lectures, hosted by the University of Aberdeen in 2007. Across three lectures, the text ...
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Commissioned by the Clark Foundation for Legal Education, this book is derived from the inaugural Jean Clark Lectures, hosted by the University of Aberdeen in 2007. Across three lectures, the text discusses and analyses the legal and constitutional issues arising from the Disruption of the Church of Scotland in 1843 when the majority of leading ministers left the Church of Scotland to set up the Free Church. It takes a look at the series of cases in the Court of Session and the House of Lords between 1837 and 1843 which led to the Disruption, showing how they gave rise to the most important constitutional crisis and challenge to the Courts' authority that had occurred since the 1707 Union.Less
Commissioned by the Clark Foundation for Legal Education, this book is derived from the inaugural Jean Clark Lectures, hosted by the University of Aberdeen in 2007. Across three lectures, the text discusses and analyses the legal and constitutional issues arising from the Disruption of the Church of Scotland in 1843 when the majority of leading ministers left the Church of Scotland to set up the Free Church. It takes a look at the series of cases in the Court of Session and the House of Lords between 1837 and 1843 which led to the Disruption, showing how they gave rise to the most important constitutional crisis and challenge to the Courts' authority that had occurred since the 1707 Union.
L. G. Mitchell
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198201045
- eISBN:
- 9780191674815
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198201045.003.0003
- Subject:
- History, British and Irish Modern History, Political History
The constitutional crisis of 1782–4 was the determining experience in Fox's political career. It would become the terms of reference against which future decisions were taken. Fox was personally ...
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The constitutional crisis of 1782–4 was the determining experience in Fox's political career. It would become the terms of reference against which future decisions were taken. Fox was personally shaken, and indeed hurt, by the events of these years. Throughout them, he had endlessly to respond to unforeseen events. In the confusion, old friendships were interrupted and new allies found.Less
The constitutional crisis of 1782–4 was the determining experience in Fox's political career. It would become the terms of reference against which future decisions were taken. Fox was personally shaken, and indeed hurt, by the events of these years. Throughout them, he had endlessly to respond to unforeseen events. In the confusion, old friendships were interrupted and new allies found.
Michael Dobson
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198183235
- eISBN:
- 9780191673979
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198183235.003.0003
- Subject:
- Literature, Shakespeare Studies, Poetry
This chapter focuses on the years 1678–1735, which coincided with the constitutional crises of the 1670s and 1680s, when Shakespeare's plays were rewritten, sometimes to court such immediate ...
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This chapter focuses on the years 1678–1735, which coincided with the constitutional crises of the 1670s and 1680s, when Shakespeare's plays were rewritten, sometimes to court such immediate topicality, but more often to avoid it: their author is presented more than ever as a king (and is even brought onto the stage in the likeness of King Hamlet's ghost to introduce Dryden's version of Troilus and Cressida in 1679), but his dominion is now primarily over the private realm of the passions.Less
This chapter focuses on the years 1678–1735, which coincided with the constitutional crises of the 1670s and 1680s, when Shakespeare's plays were rewritten, sometimes to court such immediate topicality, but more often to avoid it: their author is presented more than ever as a king (and is even brought onto the stage in the likeness of King Hamlet's ghost to introduce Dryden's version of Troilus and Cressida in 1679), but his dominion is now primarily over the private realm of the passions.
Charles Townshend
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198229780
- eISBN:
- 9780191678929
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198229780.003.0008
- Subject:
- History, British and Irish Modern History
This chapter examines the constitutional and legal crisis in the United Kingdom during the 1970s. It suggests that the turmoil in Northern Ireland after 1969 resembled earlier Irish crises. The ...
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This chapter examines the constitutional and legal crisis in the United Kingdom during the 1970s. It suggests that the turmoil in Northern Ireland after 1969 resembled earlier Irish crises. The general parameters and the precise geographical fault lines of such civil conflicts appear to be transmitted with disconcerting exactness from past ages. The most prominent sign of petrifaction was the eviternity of the Irish Republican Army, the state's chief antagonist and tormentor.Less
This chapter examines the constitutional and legal crisis in the United Kingdom during the 1970s. It suggests that the turmoil in Northern Ireland after 1969 resembled earlier Irish crises. The general parameters and the precise geographical fault lines of such civil conflicts appear to be transmitted with disconcerting exactness from past ages. The most prominent sign of petrifaction was the eviternity of the Irish Republican Army, the state's chief antagonist and tormentor.
Benjamin Straumann
- Published in print:
- 2016
- Published Online:
- April 2016
- ISBN:
- 9780199950928
- eISBN:
- 9780190491154
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199950928.003.0003
- Subject:
- Classical Studies, European History: BCE to 500CE, World History: BCE to 500CE
This chapter discusses the various emergency powers of the late Roman Republic. Emergencies provide the context for the invocation of higher-level constitutional norms. When ordinary legislation does ...
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This chapter discusses the various emergency powers of the late Roman Republic. Emergencies provide the context for the invocation of higher-level constitutional norms. When ordinary legislation does not seem to suffice, and extra-legal measures are said to be needed, these are both defended and argued against in the name of rules that have a higher degree of validity than mere laws. For this reason the many arguments waged about the bestowal of extraordinary powers that are so typical of the late Republic offer an ideal window into the inchoate constitutionalism of late republican political thought and practice.Less
This chapter discusses the various emergency powers of the late Roman Republic. Emergencies provide the context for the invocation of higher-level constitutional norms. When ordinary legislation does not seem to suffice, and extra-legal measures are said to be needed, these are both defended and argued against in the name of rules that have a higher degree of validity than mere laws. For this reason the many arguments waged about the bestowal of extraordinary powers that are so typical of the late Republic offer an ideal window into the inchoate constitutionalism of late republican political thought and practice.
Andrew Arato
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780198755982
- eISBN:
- 9780191816987
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198755982.003.0006
- Subject:
- Law, Constitutional and Administrative Law
This chapter explores the recent constitutional history of Turkey, describing reform attempts made during the period from 1982 up to the present. It highlights the transition from an approach of ...
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This chapter explores the recent constitutional history of Turkey, describing reform attempts made during the period from 1982 up to the present. It highlights the transition from an approach of consensual constitution making to a majoritarian effort, which plunged the political order of the country into an extended constitutional crisis. The Turkish constitutional experience from 1982 stands out as a case that refutes the thesis that it does not matter how one organizes original constitution making, how one begins in the beginning. The making of the Constitution of 1982 was severely pathological; it had important consequences for the constitutional result; and all this matters down to this day, despite a series of impressive procedural and substantive attempts to improve on that result. These problems are the result of constitutional dualism, which leaves part of the state outside the constitution.Less
This chapter explores the recent constitutional history of Turkey, describing reform attempts made during the period from 1982 up to the present. It highlights the transition from an approach of consensual constitution making to a majoritarian effort, which plunged the political order of the country into an extended constitutional crisis. The Turkish constitutional experience from 1982 stands out as a case that refutes the thesis that it does not matter how one organizes original constitution making, how one begins in the beginning. The making of the Constitution of 1982 was severely pathological; it had important consequences for the constitutional result; and all this matters down to this day, despite a series of impressive procedural and substantive attempts to improve on that result. These problems are the result of constitutional dualism, which leaves part of the state outside the constitution.
Bruce Ackerman
- Published in print:
- 2002
- Published Online:
- October 2013
- ISBN:
- 9780300093797
- eISBN:
- 9780300127003
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300093797.003.0001
- Subject:
- Political Science, American Politics
This introductory chapter begins with brief discussions of the constitutional crisis generated by the machinery of government itself, and the potential impact of the decision in Bush v. Gore. It then ...
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This introductory chapter begins with brief discussions of the constitutional crisis generated by the machinery of government itself, and the potential impact of the decision in Bush v. Gore. It then provides an overview of the subsequent chapters. The book is divided into two parts. Part One focuses on a tightly interconnected set of questions: Does Bush v. Gore have a solid—or even plausible—foundation in legal principle? If not, how are we to reestablish the nation's confidence in the rule of law? Part Two confronts this legalistic focus with a series of political issues.Less
This introductory chapter begins with brief discussions of the constitutional crisis generated by the machinery of government itself, and the potential impact of the decision in Bush v. Gore. It then provides an overview of the subsequent chapters. The book is divided into two parts. Part One focuses on a tightly interconnected set of questions: Does Bush v. Gore have a solid—or even plausible—foundation in legal principle? If not, how are we to reestablish the nation's confidence in the rule of law? Part Two confronts this legalistic focus with a series of political issues.
Jack Rakove
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780748643066
- eISBN:
- 9780748689255
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748643066.003.0003
- Subject:
- Political Science, Political Theory
This chapter examines the nature of legislative deliberation and the political sources of legislative majorities as dominant themes of American constitutional thinking. Drawing on James Madison's ...
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This chapter examines the nature of legislative deliberation and the political sources of legislative majorities as dominant themes of American constitutional thinking. Drawing on James Madison's insights based on his memorandum ‘Vices of the Political System of the U. States’, it considers how the American conception of the rule of law developed amid the republican innovations of the late eighteenth century. It looks at the constitutional crisis of the late 1780s and the underlying aspects of governance in the colonies-becoming-commonwealths of Anglophone North America, with reference to Madison's arguments regarding the ‘impotence of the laws of the states’ and ‘perspicuity’ in the realms of law and politics. It also discusses Madison's innovative approach to republican constitutionalism as well as his conception of the effect of popular opinion and interest on the pursuit of public good and private rights.Less
This chapter examines the nature of legislative deliberation and the political sources of legislative majorities as dominant themes of American constitutional thinking. Drawing on James Madison's insights based on his memorandum ‘Vices of the Political System of the U. States’, it considers how the American conception of the rule of law developed amid the republican innovations of the late eighteenth century. It looks at the constitutional crisis of the late 1780s and the underlying aspects of governance in the colonies-becoming-commonwealths of Anglophone North America, with reference to Madison's arguments regarding the ‘impotence of the laws of the states’ and ‘perspicuity’ in the realms of law and politics. It also discusses Madison's innovative approach to republican constitutionalism as well as his conception of the effect of popular opinion and interest on the pursuit of public good and private rights.
Andrew Adonis
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198203896
- eISBN:
- 9780191676031
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203896.001.0001
- Subject:
- History, British and Irish Modern History
This book explores the political role of the British peerage in the 30 years before the First World War. It charts its transition from ruling class to embattled faction, analysing the response of the ...
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This book explores the political role of the British peerage in the 30 years before the First World War. It charts its transition from ruling class to embattled faction, analysing the response of the peers to the challenge of democracy and their impact on the constitutional order that emerged from the turbulent politics of the late Victorian and Edwardian eras. The authors opens with a study of the House of Lords, assessing its strengths and weaknesses as a political institution and offering new interpretations of the constitutional crises of 1884–5 and 1909–11. He goes on to show how, at a time when the anachronism of a hereditary peerage was increasingly recognized, its members were able to justify themselves by their works. This book, thoroughly grounded in the aristocracy's rich archives, aims to contribute to our understanding of the development of Britain's modern political system.Less
This book explores the political role of the British peerage in the 30 years before the First World War. It charts its transition from ruling class to embattled faction, analysing the response of the peers to the challenge of democracy and their impact on the constitutional order that emerged from the turbulent politics of the late Victorian and Edwardian eras. The authors opens with a study of the House of Lords, assessing its strengths and weaknesses as a political institution and offering new interpretations of the constitutional crises of 1884–5 and 1909–11. He goes on to show how, at a time when the anachronism of a hereditary peerage was increasingly recognized, its members were able to justify themselves by their works. This book, thoroughly grounded in the aristocracy's rich archives, aims to contribute to our understanding of the development of Britain's modern political system.
Javier Corrales
- Published in print:
- 2018
- Published Online:
- June 2018
- ISBN:
- 9780190868895
- eISBN:
- 9780190869380
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190868895.003.0003
- Subject:
- Political Science, Comparative Politics
This chapter explains the conditions under which constituent assemblies emerge. As others have argued, more than one condition seems necessary, mostly having to do with pressures on the state to ...
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This chapter explains the conditions under which constituent assemblies emerge. As others have argued, more than one condition seems necessary, mostly having to do with pressures on the state to address a governance crisis. And yet, new constituent assemblies are more likely to emerge when the Incumbent feels he or she has the power advantage. The chapter makes two points. First, compelling structural conditions (exceptional circumstances) triggered constitutional assemblies in combination with the rise of the Opposition. Second, a strong desire by the Incumbent to seek new powers also triggered constituent assemblies, but only when the Incumbent anticipated a large power. This chapter offers as well a discussion of several cases of aborted constituent assemblies to further illustrate the role of power asymmetry as an explanatory factor.Less
This chapter explains the conditions under which constituent assemblies emerge. As others have argued, more than one condition seems necessary, mostly having to do with pressures on the state to address a governance crisis. And yet, new constituent assemblies are more likely to emerge when the Incumbent feels he or she has the power advantage. The chapter makes two points. First, compelling structural conditions (exceptional circumstances) triggered constitutional assemblies in combination with the rise of the Opposition. Second, a strong desire by the Incumbent to seek new powers also triggered constituent assemblies, but only when the Incumbent anticipated a large power. This chapter offers as well a discussion of several cases of aborted constituent assemblies to further illustrate the role of power asymmetry as an explanatory factor.
Benjamin Straumann
- Published in print:
- 2016
- Published Online:
- April 2016
- ISBN:
- 9780199950928
- eISBN:
- 9780190491154
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199950928.003.0004
- Subject:
- Classical Studies, European History: BCE to 500CE, World History: BCE to 500CE
This chapter discusses the constitutional safeguards and rights that were at stake in the constitutional crises of the late Republic. These safeguards and rights were at the very heart of the ...
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This chapter discusses the constitutional safeguards and rights that were at stake in the constitutional crises of the late Republic. These safeguards and rights were at the very heart of the inchoate constitutionalism of late republican politics. Several sets of rights are prominently debated in our sources, the rights of tribunes to veto legislation, rights of property ownership, and the right of citizens to appeal to the People against decisions of magistrates (provocatio). The two prior points are illustrated by Ti. Gracchus’ abrogation of the mandate of a fellow-tribune and carrying of legislation for redistribution of public land, the last point by action taken by Cicero as consul to put captured conspirators to death without a trial before the People. The chapter will describe a specifically Roman, rights-based view of politics.Less
This chapter discusses the constitutional safeguards and rights that were at stake in the constitutional crises of the late Republic. These safeguards and rights were at the very heart of the inchoate constitutionalism of late republican politics. Several sets of rights are prominently debated in our sources, the rights of tribunes to veto legislation, rights of property ownership, and the right of citizens to appeal to the People against decisions of magistrates (provocatio). The two prior points are illustrated by Ti. Gracchus’ abrogation of the mandate of a fellow-tribune and carrying of legislation for redistribution of public land, the last point by action taken by Cicero as consul to put captured conspirators to death without a trial before the People. The chapter will describe a specifically Roman, rights-based view of politics.
Rudolph J. Vecoli and Francesco Durante
Donna R. Gabaccia (ed.)
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9780823279869
- eISBN:
- 9780823281428
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823279869.003.0005
- Subject:
- Society and Culture, Cultural Studies
This chapter examines Celso Cesare Moreno's role in the political crisis that culminated in the overthrow of the Kingdom of Hawaii. It first provides a background on the history of the Kingdom of ...
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This chapter examines Celso Cesare Moreno's role in the political crisis that culminated in the overthrow of the Kingdom of Hawaii. It first provides a background on the history of the Kingdom of Hawaii and describes its political situation upon Moreno's arrival in 1879. It then considers Moreno's alliance with David Kalākaua, king of Hawaii, and how the animosity between Moreno and the American ambassador, James M. Comly, helped precipitate a political upheaval in the kingdom. It also discusses Moreno's attempt to secure a subsidy from the Kingdom for his steamship line, the China Merchants Steam Navigation Company (CMSNC), before concluding with an analysis of the constitutional crisis that erupted in 1880 after Kalākaua suspended the legislature, formed a new cabinet, and appointed Moreno prime minister and minister of foreign affairs.Less
This chapter examines Celso Cesare Moreno's role in the political crisis that culminated in the overthrow of the Kingdom of Hawaii. It first provides a background on the history of the Kingdom of Hawaii and describes its political situation upon Moreno's arrival in 1879. It then considers Moreno's alliance with David Kalākaua, king of Hawaii, and how the animosity between Moreno and the American ambassador, James M. Comly, helped precipitate a political upheaval in the kingdom. It also discusses Moreno's attempt to secure a subsidy from the Kingdom for his steamship line, the China Merchants Steam Navigation Company (CMSNC), before concluding with an analysis of the constitutional crisis that erupted in 1880 after Kalākaua suspended the legislature, formed a new cabinet, and appointed Moreno prime minister and minister of foreign affairs.
Menski Werner
- Published in print:
- 2009
- Published Online:
- October 2012
- ISBN:
- 9780195699210
- eISBN:
- 9780199080298
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195699210.003.0007
- Subject:
- Law, Family Law
This chapter discusses the transition of Hindu law to postmodernity. This change of Hindu law is charted through an analysis of different processes of society-state interactions in post-colonial ...
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This chapter discusses the transition of Hindu law to postmodernity. This change of Hindu law is charted through an analysis of different processes of society-state interactions in post-colonial India. It also identifies the role of judicial activity as critical in shaping this development, particularly in following the constitutional crisis of legitimacy of the modern Indian state and its desperate and draconian attempts.Less
This chapter discusses the transition of Hindu law to postmodernity. This change of Hindu law is charted through an analysis of different processes of society-state interactions in post-colonial India. It also identifies the role of judicial activity as critical in shaping this development, particularly in following the constitutional crisis of legitimacy of the modern Indian state and its desperate and draconian attempts.
A.G. Noorani
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195678291
- eISBN:
- 9780199080588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195678291.003.0059
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the situation in which president's rule was renewed in Uttar Pradesh in October 1996. There is one sure test for judging the integrity and soundness of Governor Romesh ...
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This chapter discusses the situation in which president's rule was renewed in Uttar Pradesh in October 1996. There is one sure test for judging the integrity and soundness of Governor Romesh Bhandari's report and the government of India's decision to impose president's rule in UP on 17 October 1996. Were similar configurations of political parties to arise in the Lok Sabha after a general election, which of the imperfect options available could the president legitimately take considering that with regard to the appointment of the head of the government and the dissolution of the legislature 'the position of the governors is exactly the same as the position of the president'. In UP, the option of president's rule was constitutionally not available on 17 October either. President's rule was proclaimed in the State on 18 October 1995. It could not be extended beyond a year whether directly or deviously by revoking the old proclamation and issuing a new one.Less
This chapter discusses the situation in which president's rule was renewed in Uttar Pradesh in October 1996. There is one sure test for judging the integrity and soundness of Governor Romesh Bhandari's report and the government of India's decision to impose president's rule in UP on 17 October 1996. Were similar configurations of political parties to arise in the Lok Sabha after a general election, which of the imperfect options available could the president legitimately take considering that with regard to the appointment of the head of the government and the dissolution of the legislature 'the position of the governors is exactly the same as the position of the president'. In UP, the option of president's rule was constitutionally not available on 17 October either. President's rule was proclaimed in the State on 18 October 1995. It could not be extended beyond a year whether directly or deviously by revoking the old proclamation and issuing a new one.
