Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0011
- Subject:
- Political Science, Democratization
Describes the Legislation Bureau's efforts to simplify the language of the draft. The cabinet embraced the idea of making the basic law more available to the people, and allowed the Legislation ...
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Describes the Legislation Bureau's efforts to simplify the language of the draft. The cabinet embraced the idea of making the basic law more available to the people, and allowed the Legislation Bureau to re‐write the March 6 draft from difficult literary Japanese to the common spoken language. As government ministries submitted their comments and suggestions on the content of the draft, Irie and Satō negotiated with Kades and Hussey to clarify the draft's language but the Americans allowed no further substantive changes. By April 17, agreement was reached on a final draft in the form of a legislative bill written in colloquial Japanese, and a new English‐language draft.Less
Describes the Legislation Bureau's efforts to simplify the language of the draft. The cabinet embraced the idea of making the basic law more available to the people, and allowed the Legislation Bureau to re‐write the March 6 draft from difficult literary Japanese to the common spoken language. As government ministries submitted their comments and suggestions on the content of the draft, Irie and Satō negotiated with Kades and Hussey to clarify the draft's language but the Americans allowed no further substantive changes. By April 17, agreement was reached on a final draft in the form of a legislative bill written in colloquial Japanese, and a new English‐language draft.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0008
- Subject:
- Political Science, Democratization
Describes how Whitney pressured the Japanese government to accept the SCAP draft as the basis of a new constitution. Following talks with MacArthur and Whitney, the Shidehara cabinet accepted SCAP's ...
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Describes how Whitney pressured the Japanese government to accept the SCAP draft as the basis of a new constitution. Following talks with MacArthur and Whitney, the Shidehara cabinet accepted SCAP's demands and charged Matsumoto with preparing a draft for presentation to Government Section. Whitney and his staff expected the Japanese to submit essentially a translation of the SCAP draft, while Matsumoto believed he could determine the contents of the draft so long as he included the “fundamental principles” (the emperor as “symbol” and renunciation of war) mentioned by MacArthur to Shidehara. This misunderstanding caused a serious conflict when the two sides met to consider Matsumoto's March 2 draft.Less
Describes how Whitney pressured the Japanese government to accept the SCAP draft as the basis of a new constitution. Following talks with MacArthur and Whitney, the Shidehara cabinet accepted SCAP's demands and charged Matsumoto with preparing a draft for presentation to Government Section. Whitney and his staff expected the Japanese to submit essentially a translation of the SCAP draft, while Matsumoto believed he could determine the contents of the draft so long as he included the “fundamental principles” (the emperor as “symbol” and renunciation of war) mentioned by MacArthur to Shidehara. This misunderstanding caused a serious conflict when the two sides met to consider Matsumoto's March 2 draft.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0009
- Subject:
- Political Science, Democratization
Describes how a thirty‐hour meeting on March 4 and 5 achieved agreement on a preliminary draft constitution. As Matsumoto's draft was being translated, he and Kades clashed over the preamble and ...
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Describes how a thirty‐hour meeting on March 4 and 5 achieved agreement on a preliminary draft constitution. As Matsumoto's draft was being translated, he and Kades clashed over the preamble and provisions on the emperor and Matsumoto withdrew, leaving Satō Tatsuo the sole Japanese negotiator. Kades told Satō that the preamble and chapters on the emperor and imperial family, renunciation of war, rights of the people, and powers of the legislature must adhere to the SCAP draft, while accepting Japanese proposals on the judiciary, the cabinet and local government. When Whitney informed the cabinet that MacArthur would publish the draft on March 6, the cabinet polished the wording and presented it to Hirohito, who reluctantly approved it without delay as an “amendment” to the 1889 constitution. Hussey had the cabinet secretary certify that the English version was the “exact and official translation of the original Japanese” and submitted copies to the Far Eastern Commission in Washington.Less
Describes how a thirty‐hour meeting on March 4 and 5 achieved agreement on a preliminary draft constitution. As Matsumoto's draft was being translated, he and Kades clashed over the preamble and provisions on the emperor and Matsumoto withdrew, leaving Satō Tatsuo the sole Japanese negotiator. Kades told Satō that the preamble and chapters on the emperor and imperial family, renunciation of war, rights of the people, and powers of the legislature must adhere to the SCAP draft, while accepting Japanese proposals on the judiciary, the cabinet and local government. When Whitney informed the cabinet that MacArthur would publish the draft on March 6, the cabinet polished the wording and presented it to Hirohito, who reluctantly approved it without delay as an “amendment” to the 1889 constitution. Hussey had the cabinet secretary certify that the English version was the “exact and official translation of the original Japanese” and submitted copies to the Far Eastern Commission in Washington.
Sydney D. Bailey and Sam Daws
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198280736
- eISBN:
- 9780191598746
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280734.003.0005
- Subject:
- Political Science, International Relations and Politics
Looks at voting at the UN Security Council. The introduction makes the point that a proposal (or draft resolution) may be submitted by any member/s of the Council (known as the sponsor or ...
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Looks at voting at the UN Security Council. The introduction makes the point that a proposal (or draft resolution) may be submitted by any member/s of the Council (known as the sponsor or co‐sponsors), and that a member of the UN who is not a member of the Council may also submit a proposal, but it will only be put to the vote at the request of a Council member. A procedural motion or draft resolution may be withdrawn at any time as long as no vote has been taken on it, unless it has more than one sponsor, in which case a vote may be required. The first two sections of the chapter discuss procedural motions and substantive decisions, and the next section discusses the veto (as implied by Article 27 of the Charter), and includes tables giving details of all vetoes cast from 1946 to mid 1997. The following two sections discuss the double veto (examples are given) and the ‘hidden veto’, and the remaining sections discuss abstentions (with examples), absence, non‐participation in the vote, consensus and unanimity (details are tabulated of Council resolutions adopted ‘without a vote’ or ‘by consensus’), and when decisions are binding.Less
Looks at voting at the UN Security Council. The introduction makes the point that a proposal (or draft resolution) may be submitted by any member/s of the Council (known as the sponsor or co‐sponsors), and that a member of the UN who is not a member of the Council may also submit a proposal, but it will only be put to the vote at the request of a Council member. A procedural motion or draft resolution may be withdrawn at any time as long as no vote has been taken on it, unless it has more than one sponsor, in which case a vote may be required. The first two sections of the chapter discuss procedural motions and substantive decisions, and the next section discusses the veto (as implied by Article 27 of the Charter), and includes tables giving details of all vetoes cast from 1946 to mid 1997. The following two sections discuss the double veto (examples are given) and the ‘hidden veto’, and the remaining sections discuss abstentions (with examples), absence, non‐participation in the vote, consensus and unanimity (details are tabulated of Council resolutions adopted ‘without a vote’ or ‘by consensus’), and when decisions are binding.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.001.0001
- Subject:
- Political Science, Democratization
This book demonstrates that Japan's postwar Constitution has provided a solid foundation for democracy because, contrary to the conventional view that the American Occupation simply “imposed” it, ...
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This book demonstrates that Japan's postwar Constitution has provided a solid foundation for democracy because, contrary to the conventional view that the American Occupation simply “imposed” it, there was considerable Japanese input in its making.The first two chapters analyze a sharp clash, during the American planning of the Occupation, over the fate and role of Emperor Hirohito. Papered over in the Potsdam Declaration and never resolved in official Washington, the dispute gave General Douglas MacArthur, Supreme Commander for the Allied Powers (SCAP), an opportunity to protect the emperor and use his authority to support MacArthur's own objectives.In the fall of 1945, both American and Japanese officials determined that democratization required constitutional revision and that Japan should take the lead in revising its Constitution. Accordingly, Japanese scholars and officials began advancing their ideas. Meanwhile, both the emperor and the cabinet named commissions (headed by Konoe Fumimaro and Matsumoto Jōji, respectively) to study the need for amendments. However, poor communication from the American side and political chaos among the Japanese doomed these fledgling efforts.In early February 1946, MacArthur, alarmed by the Moscow Agreement that created the Far Eastern Commission (FEC) and fearing that he might lose control over the political reform of Japan, ordered his Government Section (GS) to draft a model constitution for Japan, then pressured Prime Minister Shidehara's cabinet to present it as a Japanese government draft. Japanese attempts to modify SCAP's draft, an effort that achieved some success in the face of determined American resistance, have been largely ignored by those who slight Japan's contribution to its own postwar democratization.Chapters 12 through 20 trace the deliberations of the Japanese parliament (called the Diet) during the summer of 1946. It is a mistake to pass over this stage quickly, as most accounts of Japan's postwar democratization do. This was a critical juncture in postwar Japan's commitment to constitutional democracy, affording politicians in the recently elected House of Representatives and in the House of Peers a major opportunity to put their imprint on the document. Intense struggles took place over the role of the emperor, Article 9 (renouncing war and armed forces), the bill of rights and provisions for parliamentary governance.The Conclusion emphasizes that, as Japan currently deliberates whether to amend its postwar Constitution, it is important to understand that the transformation of Japan into a stable constitutional democracy was a joint achievement, to which both American and Japanese contributions were substantial and crucial.Less
This book demonstrates that Japan's postwar Constitution has provided a solid foundation for democracy because, contrary to the conventional view that the American Occupation simply “imposed” it, there was considerable Japanese input in its making.
The first two chapters analyze a sharp clash, during the American planning of the Occupation, over the fate and role of Emperor Hirohito. Papered over in the Potsdam Declaration and never resolved in official Washington, the dispute gave General Douglas MacArthur, Supreme Commander for the Allied Powers (SCAP), an opportunity to protect the emperor and use his authority to support MacArthur's own objectives.
In the fall of 1945, both American and Japanese officials determined that democratization required constitutional revision and that Japan should take the lead in revising its Constitution. Accordingly, Japanese scholars and officials began advancing their ideas. Meanwhile, both the emperor and the cabinet named commissions (headed by Konoe Fumimaro and Matsumoto Jōji, respectively) to study the need for amendments. However, poor communication from the American side and political chaos among the Japanese doomed these fledgling efforts.
In early February 1946, MacArthur, alarmed by the Moscow Agreement that created the Far Eastern Commission (FEC) and fearing that he might lose control over the political reform of Japan, ordered his Government Section (GS) to draft a model constitution for Japan, then pressured Prime Minister Shidehara's cabinet to present it as a Japanese government draft. Japanese attempts to modify SCAP's draft, an effort that achieved some success in the face of determined American resistance, have been largely ignored by those who slight Japan's contribution to its own postwar democratization.
Chapters 12 through 20 trace the deliberations of the Japanese parliament (called the Diet) during the summer of 1946. It is a mistake to pass over this stage quickly, as most accounts of Japan's postwar democratization do. This was a critical juncture in postwar Japan's commitment to constitutional democracy, affording politicians in the recently elected House of Representatives and in the House of Peers a major opportunity to put their imprint on the document. Intense struggles took place over the role of the emperor, Article 9 (renouncing war and armed forces), the bill of rights and provisions for parliamentary governance.
The Conclusion emphasizes that, as Japan currently deliberates whether to amend its postwar Constitution, it is important to understand that the transformation of Japan into a stable constitutional democracy was a joint achievement, to which both American and Japanese contributions were substantial and crucial.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0010
- Subject:
- Political Science, Democratization
Analyzes The Far Eastern Commission's objection to MacArthur's arbitrary approval of the March 6 draft and his plan to elect a new Diet in April to approve it. The FEC challenge threatened ...
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Analyzes The Far Eastern Commission's objection to MacArthur's arbitrary approval of the March 6 draft and his plan to elect a new Diet in April to approve it. The FEC challenge threatened MacArthur's intricate plot to preserve the imperial institution in Japan's new constitutional order. The Army's Chief of Staff, Dwight Eisenhower, and the State Department defended MacArthur, contending that his actions were consistent with the Moscow Agreement of December 26, 1945, because the draft was the product of a process initiated by the Japanese government in the fall of 1945. The FEC continued to spar with MacArthur during the summer of 1946 and eventually persuaded him to order minor amendments to the draft.Less
Analyzes The Far Eastern Commission's objection to MacArthur's arbitrary approval of the March 6 draft and his plan to elect a new Diet in April to approve it. The FEC challenge threatened MacArthur's intricate plot to preserve the imperial institution in Japan's new constitutional order. The Army's Chief of Staff, Dwight Eisenhower, and the State Department defended MacArthur, contending that his actions were consistent with the Moscow Agreement of December 26, 1945, because the draft was the product of a process initiated by the Japanese government in the fall of 1945. The FEC continued to spar with MacArthur during the summer of 1946 and eventually persuaded him to order minor amendments to the draft.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0014
- Subject:
- Political Science, Democratization
Opens with the brief speech by Prime Minister Yoshida Shigeru to the lower house of the Diet that invited the Diet's examination of the government's draft revision. It sets forth the preliminary ...
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Opens with the brief speech by Prime Minister Yoshida Shigeru to the lower house of the Diet that invited the Diet's examination of the government's draft revision. It sets forth the preliminary exposition of the text offered by Kanamori Tokujirō, the cabinet member charged with defending the so‐called “government draft.” It presents initial reactions by Diet members, from Kita Reikichi on the right to Morito Tatsuo and Nosaka Sanzō on the left, indicating that the debate would be lively and spirited. It shows how early skirmishing centered on kokutai (the form of the polity, heretofore based on the authority of the emperor) and the renunciation of war.Less
Opens with the brief speech by Prime Minister Yoshida Shigeru to the lower house of the Diet that invited the Diet's examination of the government's draft revision. It sets forth the preliminary exposition of the text offered by Kanamori Tokujirō, the cabinet member charged with defending the so‐called “government draft.” It presents initial reactions by Diet members, from Kita Reikichi on the right to Morito Tatsuo and Nosaka Sanzō on the left, indicating that the debate would be lively and spirited. It shows how early skirmishing centered on kokutai (the form of the polity, heretofore based on the authority of the emperor) and the renunciation of war.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0015
- Subject:
- Political Science, Democratization
On June 29, the speaker of the House of Representatives named 70 members (chosen to represent the parties proportionally) to serve as an ad hoc committee on [constitutional] revision. This chapter ...
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On June 29, the speaker of the House of Representatives named 70 members (chosen to represent the parties proportionally) to serve as an ad hoc committee on [constitutional] revision. This chapter shows that, from the outset, members displayed considerable anguish about the draft's language (was it a mere translation of a foreign proposal?), and particularly its rude restrictions on the emperor's role. It examines the mounting tensions led, in mid‐July, to a dramatic quarrel between Colonel Kades and the cabinet minister in charge of the revision project, Kanamori Tokujirō, focusing on whether kokutai (Japan's unique polity) had survived in the revision.Less
On June 29, the speaker of the House of Representatives named 70 members (chosen to represent the parties proportionally) to serve as an ad hoc committee on [constitutional] revision. This chapter shows that, from the outset, members displayed considerable anguish about the draft's language (was it a mere translation of a foreign proposal?), and particularly its rude restrictions on the emperor's role. It examines the mounting tensions led, in mid‐July, to a dramatic quarrel between Colonel Kades and the cabinet minister in charge of the revision project, Kanamori Tokujirō, focusing on whether kokutai (Japan's unique polity) had survived in the revision.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0005
- Subject:
- Political Science, Democratization
Describes the contention within the Japanese government for control of constitutional reform. Prince Konoe Fumimaro interpreted MacArthur's advice to him as a mandate to direct the process and ...
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Describes the contention within the Japanese government for control of constitutional reform. Prince Konoe Fumimaro interpreted MacArthur's advice to him as a mandate to direct the process and secured an imperial appointment. Konoe's advisers, Sasaki Sōichi and Takagi Yasaka, solicited ideas on constitutional reform from George Atcheson, MacArthur's political adviser, until, stung by press criticism, MacArthur repudiated Konoe. Meanwhile, Matsumoto Jōji believed his cabinet committee studying constitutional reform could proceed independently of SCAP, and MacArthur ordered his staff to avoid all contact with the Matsumoto committee. After three months, the committee produced a draft constitution that MacArthur's Government Section brusquely rejected.Less
Describes the contention within the Japanese government for control of constitutional reform. Prince Konoe Fumimaro interpreted MacArthur's advice to him as a mandate to direct the process and secured an imperial appointment. Konoe's advisers, Sasaki Sōichi and Takagi Yasaka, solicited ideas on constitutional reform from George Atcheson, MacArthur's political adviser, until, stung by press criticism, MacArthur repudiated Konoe. Meanwhile, Matsumoto Jōji believed his cabinet committee studying constitutional reform could proceed independently of SCAP, and MacArthur ordered his staff to avoid all contact with the Matsumoto committee. After three months, the committee produced a draft constitution that MacArthur's Government Section brusquely rejected.
Petr Kopecký
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244089
- eISBN:
- 9780191600364
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244081.003.0012
- Subject:
- Political Science, Democratization
Describes the transition of the Czech Republic from the federal Constitution of Czechoslovakia to the adoption of a new Constitution of the Czech Republic. The Czech Constitution is widely accepted ...
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Describes the transition of the Czech Republic from the federal Constitution of Czechoslovakia to the adoption of a new Constitution of the Czech Republic. The Czech Constitution is widely accepted to be a solid foundation for the country's democratic political system. The chapter focuses on the impact of historical legacies and shows how the nature of bargaining becomes more predictable when the domestic political actors involved in constitution‐drafting provide a stable set of opinions and motivations from which a compromise can be forged. In order to demonstrate this point, the chapter is divided into three parts. The first examines the key elements of the constitution‐making process in the Czechoslovak Federation between 1989 and 1992. It explains the crucial constitutional decisions made during Roundtable Talks and how this particular legacy, combined with the volatile nature of transition politics, resulted in Czechoslovakia's Velvet Divorce. The second part concentrates on the process of drafting the new Constitution of the Czech Republic at the end of 1992. Finally, Kopecky discusses the effects of the Constitution on the democratic Czech Republic.Less
Describes the transition of the Czech Republic from the federal Constitution of Czechoslovakia to the adoption of a new Constitution of the Czech Republic. The Czech Constitution is widely accepted to be a solid foundation for the country's democratic political system. The chapter focuses on the impact of historical legacies and shows how the nature of bargaining becomes more predictable when the domestic political actors involved in constitution‐drafting provide a stable set of opinions and motivations from which a compromise can be forged. In order to demonstrate this point, the chapter is divided into three parts. The first examines the key elements of the constitution‐making process in the Czechoslovak Federation between 1989 and 1992. It explains the crucial constitutional decisions made during Roundtable Talks and how this particular legacy, combined with the volatile nature of transition politics, resulted in Czechoslovakia's Velvet Divorce. The second part concentrates on the process of drafting the new Constitution of the Czech Republic at the end of 1992. Finally, Kopecky discusses the effects of the Constitution on the democratic Czech Republic.
Renate Weber
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244089
- eISBN:
- 9780191600364
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244081.003.0008
- Subject:
- Political Science, Democratization
Describes how constitutionalism contributed to the democratic consolidation in post‐communist Romania. The author emphasizes the fact that Romania could hardly be described as having a constitutional ...
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Describes how constitutionalism contributed to the democratic consolidation in post‐communist Romania. The author emphasizes the fact that Romania could hardly be described as having a constitutional tradition, since none of the previous regimes developed a tradition of observing their constitutions. Therefore, it may seem questionable whether the post‐communist constitution could have a significant impact on democratic consolidation in Romania. Nevertheless, in 1990, the constitutionalization process was the main focus of the new political elite. This chapter describes what kind of political reforms have been adopted in order to improve the constitution and avoid problems resulting from its ambiguity. It shows how the weaknesses of the current Constitution have paradoxically played an important role in bolstering Romanian civil society. The author prescribes several constitutional amendments that could transform the Romanian Constitution into a viable basis for democracy in the country.Less
Describes how constitutionalism contributed to the democratic consolidation in post‐communist Romania. The author emphasizes the fact that Romania could hardly be described as having a constitutional tradition, since none of the previous regimes developed a tradition of observing their constitutions. Therefore, it may seem questionable whether the post‐communist constitution could have a significant impact on democratic consolidation in Romania. Nevertheless, in 1990, the constitutionalization process was the main focus of the new political elite. This chapter describes what kind of political reforms have been adopted in order to improve the constitution and avoid problems resulting from its ambiguity. It shows how the weaknesses of the current Constitution have paradoxically played an important role in bolstering Romanian civil society. The author prescribes several constitutional amendments that could transform the Romanian Constitution into a viable basis for democracy in the country.
Alexander C.‐G. Stubb
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198296409
- eISBN:
- 9780191599989
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198296401.003.0009
- Subject:
- Political Science, European Union
Focuses on the negotiations that led to the institutionalization of closer cooperation or flexible integration, i.e. the possibility for a number of member states to cooperate more closely in ...
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Focuses on the negotiations that led to the institutionalization of closer cooperation or flexible integration, i.e. the possibility for a number of member states to cooperate more closely in specific areas using the institutional framework of the Union. Flexibility is examined because it is an important legal and political issue, influencing all aspects of Union activity in the long term. Although the notion of flexibility is not new to the Union, the Amsterdam Treaty provides the first institutionalization of this concept as a basic principle in the Treaties. This chapter tries to determine how the subject was approached in the negotiations. To assess the outcome of the flexibility clauses in the Amsterdam Treaty and the different stages of the negotiations on flexible integration, the chapter is divided into four parts: first, a description of the flexibility clauses in the Treaty; second, the agenda‐setting stage, which lasted from June 1994 to June 1996; third, the drafting stage, which ran from July 1996 to December 1996; and finally, the negotiating stage, which lasted from January 1997 to October 1997.Less
Focuses on the negotiations that led to the institutionalization of closer cooperation or flexible integration, i.e. the possibility for a number of member states to cooperate more closely in specific areas using the institutional framework of the Union. Flexibility is examined because it is an important legal and political issue, influencing all aspects of Union activity in the long term. Although the notion of flexibility is not new to the Union, the Amsterdam Treaty provides the first institutionalization of this concept as a basic principle in the Treaties. This chapter tries to determine how the subject was approached in the negotiations. To assess the outcome of the flexibility clauses in the Amsterdam Treaty and the different stages of the negotiations on flexible integration, the chapter is divided into four parts: first, a description of the flexibility clauses in the Treaty; second, the agenda‐setting stage, which lasted from June 1994 to June 1996; third, the drafting stage, which ran from July 1996 to December 1996; and finally, the negotiating stage, which lasted from January 1997 to October 1997.
Stephen Cretney
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199297733
- eISBN:
- 9780191711275
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297733.001.0001
- Subject:
- Law, Comparative Law, Family Law
Until 1967 homosexual men were being sent to prison for having a relationship. Since 2005, same sex couples have been able to get married — although the law describes the relationship as a ‘civil ...
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Until 1967 homosexual men were being sent to prison for having a relationship. Since 2005, same sex couples have been able to get married — although the law describes the relationship as a ‘civil partnership’. This book describes the remarkable change in social attitudes and analyses the law's responses to those changes. The book considers the different techniques for bringing about change in the law, and contrasts what can properly be achieved by judicial decisions with what can only be achieved by legislation. Much of the law about personal relationships reflects a compromise between different values, and the Civil Partnership Act 2005 is no exception. The book looks at how such changes have been dealt with in other countries, notably in the United States, and it provides a wealth of comparative material.Less
Until 1967 homosexual men were being sent to prison for having a relationship. Since 2005, same sex couples have been able to get married — although the law describes the relationship as a ‘civil partnership’. This book describes the remarkable change in social attitudes and analyses the law's responses to those changes. The book considers the different techniques for bringing about change in the law, and contrasts what can properly be achieved by judicial decisions with what can only be achieved by legislation. Much of the law about personal relationships reflects a compromise between different values, and the Civil Partnership Act 2005 is no exception. The book looks at how such changes have been dealt with in other countries, notably in the United States, and it provides a wealth of comparative material.
Nathan Brown
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780520237629
- eISBN:
- 9780520937789
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520237629.001.0001
- Subject:
- History, Middle East History
This book does what hostilities in the Middle East have made nearly impossible: it offers a measured, internal perspective on Palestinian politics, viewing emerging political patterns from the ...
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This book does what hostilities in the Middle East have made nearly impossible: it offers a measured, internal perspective on Palestinian politics, viewing emerging political patterns from the Palestinian point of view rather than through the prism of the Arab–Israeli conflict. Based on groundbreaking fieldwork, interviews with Palestinian leaders, and an extensive survey of Arabic-language writings and documents, it presents the meaning of state building and self-reliance as Palestinians themselves have understood them in the years between 1993 and 2002. The author focuses his work on five areas: legal development, constitution drafting, the Palestinian Legislative Council, civil society, and the effort to write a new curriculum. His book shows how Palestinians have understood efforts at building institutions as acts of resumption rather than creation—with activists and leaders seeing themselves as recovering from an interrupted past, Palestinians seeking to rejoin the Arab world by building their new institutions on Arab models, and many Palestinian reformers taking the Oslo Accords as an occasion to resume normal political life. Providing a vantage point on most of the issues of Palestinian reform and governance that have emerged in recent policy debates—issues such as corruption, constitutionalism, democracy, and rule of law—this book helps to put Palestinian aspirations and accomplishments in their proper context within a long and complex history, and within the larger Arab world.Less
This book does what hostilities in the Middle East have made nearly impossible: it offers a measured, internal perspective on Palestinian politics, viewing emerging political patterns from the Palestinian point of view rather than through the prism of the Arab–Israeli conflict. Based on groundbreaking fieldwork, interviews with Palestinian leaders, and an extensive survey of Arabic-language writings and documents, it presents the meaning of state building and self-reliance as Palestinians themselves have understood them in the years between 1993 and 2002. The author focuses his work on five areas: legal development, constitution drafting, the Palestinian Legislative Council, civil society, and the effort to write a new curriculum. His book shows how Palestinians have understood efforts at building institutions as acts of resumption rather than creation—with activists and leaders seeing themselves as recovering from an interrupted past, Palestinians seeking to rejoin the Arab world by building their new institutions on Arab models, and many Palestinian reformers taking the Oslo Accords as an occasion to resume normal political life. Providing a vantage point on most of the issues of Palestinian reform and governance that have emerged in recent policy debates—issues such as corruption, constitutionalism, democracy, and rule of law—this book helps to put Palestinian aspirations and accomplishments in their proper context within a long and complex history, and within the larger Arab world.
Niels Stevnsborg and Bruno van Pottelsberghe
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199216987
- eISBN:
- 9780191711831
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199216987.003.0006
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter describes the various routes that can be chosen to obtain patent protection in some or all of the European countries. The EPO offers a centralized granting process, which includes ...
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This chapter describes the various routes that can be chosen to obtain patent protection in some or all of the European countries. The EPO offers a centralized granting process, which includes various stages from the search for prior art, to the substantive examination and the final decision to grant the application. A typology of four broad filing strategies is developed to characterize the applicants' behaviour: a good will with fast track, a good will with slow track, a bad will with slow track, and a deliberate abuse of the system. It is shown that the chosen strategy will affect the patenting route, the drafting style, and the interaction with the EPO. Some of these filing strategies may induce an unwanted burden on the patent office; a disproportionate degree of uncertainty to competitors; and an unclear published prior art.Less
This chapter describes the various routes that can be chosen to obtain patent protection in some or all of the European countries. The EPO offers a centralized granting process, which includes various stages from the search for prior art, to the substantive examination and the final decision to grant the application. A typology of four broad filing strategies is developed to characterize the applicants' behaviour: a good will with fast track, a good will with slow track, a bad will with slow track, and a deliberate abuse of the system. It is shown that the chosen strategy will affect the patenting route, the drafting style, and the interaction with the EPO. Some of these filing strategies may induce an unwanted burden on the patent office; a disproportionate degree of uncertainty to competitors; and an unclear published prior art.
Christopher Capozzola
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780195335491
- eISBN:
- 9780199868971
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335491.003.0002
- Subject:
- History, American History: 20th Century
This chapter focuses on selective service in America during World War I. The Selective Service Act of 1917 was the centerpiece of wartime citizenship and its defining obligation. It reflected the ...
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This chapter focuses on selective service in America during World War I. The Selective Service Act of 1917 was the centerpiece of wartime citizenship and its defining obligation. It reflected the state's power at its most extreme by demanding that its citizens die for it. Selective service embodied the national culture of voluntarism: not only through individual effort but together with the institutions of everyday life. Voluntarism also shaped the “slacker raids,” vast dragnet operations of interrogation conducted by the 250,000 volunteer members of the American Protective League. By the end of the war, conscription would result in courtroom battles, shoot-outs in the Ozark Mountains, and even a fistfight in the cloakroom of the US Senate.Less
This chapter focuses on selective service in America during World War I. The Selective Service Act of 1917 was the centerpiece of wartime citizenship and its defining obligation. It reflected the state's power at its most extreme by demanding that its citizens die for it. Selective service embodied the national culture of voluntarism: not only through individual effort but together with the institutions of everyday life. Voluntarism also shaped the “slacker raids,” vast dragnet operations of interrogation conducted by the 250,000 volunteer members of the American Protective League. By the end of the war, conscription would result in courtroom battles, shoot-outs in the Ozark Mountains, and even a fistfight in the cloakroom of the US Senate.
Christopher Capozzola
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780195335491
- eISBN:
- 9780199868971
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335491.003.0003
- Subject:
- History, American History: 20th Century
This chapter focuses on Americans' opposition to draft exemptions for conscientious objectors. It shows that Americans actively opposed draft exemptions for conscientious objectors, employing ...
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This chapter focuses on Americans' opposition to draft exemptions for conscientious objectors. It shows that Americans actively opposed draft exemptions for conscientious objectors, employing scriptural argument in the pews of the nation's churches and applying physical torture in its military prisons. Objectors earnestly tried to reconcile the dictates of personal conscience with the needs of the state, and after extensive lobbying by peace groups and religious organizations, military and civilian policy makers ultimately crafted an official policy that recognized the category and found a place for them in the American state.Less
This chapter focuses on Americans' opposition to draft exemptions for conscientious objectors. It shows that Americans actively opposed draft exemptions for conscientious objectors, employing scriptural argument in the pews of the nation's churches and applying physical torture in its military prisons. Objectors earnestly tried to reconcile the dictates of personal conscience with the needs of the state, and after extensive lobbying by peace groups and religious organizations, military and civilian policy makers ultimately crafted an official policy that recognized the category and found a place for them in the American state.
Mark S. Massa
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199734122
- eISBN:
- 9780199866373
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199734122.003.0006
- Subject:
- Religion, Religion and Society
This chapter examines what might be the single most famous event of the Catholic sixties: the protest action undertaken by Daniel Berrigan, S.J., and other members of a group called the “Catonsville ...
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This chapter examines what might be the single most famous event of the Catholic sixties: the protest action undertaken by Daniel Berrigan, S.J., and other members of a group called the “Catonsville Nine Against American involvement in the Vietnam War.” This group showed up at a Selective Service office in Catonsville, Maryland, emptied draft files into baskets, and burned more than two hundred files in the parking lot of the building. This event received national attention and led to a much publicized series of trials in Baltimore. Thousands of protesters crowded the streets of Baltimore during the trials and helped to shape what is considered the most famous Catholic event of the 1960s.Less
This chapter examines what might be the single most famous event of the Catholic sixties: the protest action undertaken by Daniel Berrigan, S.J., and other members of a group called the “Catonsville Nine Against American involvement in the Vietnam War.” This group showed up at a Selective Service office in Catonsville, Maryland, emptied draft files into baskets, and burned more than two hundred files in the parking lot of the building. This event received national attention and led to a much publicized series of trials in Baltimore. Thousands of protesters crowded the streets of Baltimore during the trials and helped to shape what is considered the most famous Catholic event of the 1960s.
Robert DiYanni, Anton Borst, Robert DiYanni, and Anton Borst
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780691183800
- eISBN:
- 9780691202006
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691183800.003.0010
- Subject:
- Education, Higher and Further Education
This chapter is concerned with how writing can be used to enhance, extend, and deepen students' learning. Students normally think of writing as difficult and challenging—as a kind of work. And to ...
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This chapter is concerned with how writing can be used to enhance, extend, and deepen students' learning. Students normally think of writing as difficult and challenging—as a kind of work. And to some extent, it is. Even so, writing also has its pleasures, including the pleasure of discovery through the act of writing. One of writing's greatest pleasures is using one's minds actively and imaginatively—considering ideas, exploring them, and finding ways to express them effectively. Hence, the chapter shows that the teacher's goal is to help students experience writing as an opportunity to grow intellectually and imaginatively, to develop their thinking, and to enrich their learning. This can be done by designing assignments that engage them in meaningful, productive intellectual work. These assignments can often be linked with reading, another critical faculty that can help students develop.Less
This chapter is concerned with how writing can be used to enhance, extend, and deepen students' learning. Students normally think of writing as difficult and challenging—as a kind of work. And to some extent, it is. Even so, writing also has its pleasures, including the pleasure of discovery through the act of writing. One of writing's greatest pleasures is using one's minds actively and imaginatively—considering ideas, exploring them, and finding ways to express them effectively. Hence, the chapter shows that the teacher's goal is to help students experience writing as an opportunity to grow intellectually and imaginatively, to develop their thinking, and to enrich their learning. This can be done by designing assignments that engage them in meaningful, productive intellectual work. These assignments can often be linked with reading, another critical faculty that can help students develop.
Nelson Cowan
- Published in print:
- 1998
- Published Online:
- January 2008
- ISBN:
- 9780195119107
- eISBN:
- 9780199870097
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195119107.003.0007
- Subject:
- Psychology, Cognitive Psychology
This is a broad-ranging chapter seeking evidence relating the focus of attention to conscious awareness. The concept of a unitary focus of attention includes the notion that there is a limited ...
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This is a broad-ranging chapter seeking evidence relating the focus of attention to conscious awareness. The concept of a unitary focus of attention includes the notion that there is a limited attentional resource, that awareness depends on it, and that attention can be directed outwardly (toward stimuli) or inwardly (toward thoughts). Several challenges to this view are discussed and countered. There are challenges from cognitive science, in the multiple-resources view; from psychology at large, from research on dissociated states; and from the philosophy of mind, in the notion of multiple perceptual drafts instead of a unitary conscious view. These views are countered with evidence that, although people often have multiple perceptual products, express self-contradictory thoughts, and perform conflicting actions, some of these processes take place outside of attention and awareness. They cannot all be controlled as well as the subset of processes taking place in the focus of attention.Less
This is a broad-ranging chapter seeking evidence relating the focus of attention to conscious awareness. The concept of a unitary focus of attention includes the notion that there is a limited attentional resource, that awareness depends on it, and that attention can be directed outwardly (toward stimuli) or inwardly (toward thoughts). Several challenges to this view are discussed and countered. There are challenges from cognitive science, in the multiple-resources view; from psychology at large, from research on dissociated states; and from the philosophy of mind, in the notion of multiple perceptual drafts instead of a unitary conscious view. These views are countered with evidence that, although people often have multiple perceptual products, express self-contradictory thoughts, and perform conflicting actions, some of these processes take place outside of attention and awareness. They cannot all be controlled as well as the subset of processes taking place in the focus of attention.
