Showing papers on "Constitution published in 1969"

The Creation of the American Republic, 1776-1787

Abstract: This volume describes the evolution of political thought from the Declaration of Independence to the ratification of the Constitution and in the process greatly illuminates the origins of the present American political system. In a new preface, he discusses the debate over republicanism that has developed since the book's original publication by UNC Press in 1969.

Ashanti law and constitution

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Two English republican tracts

Abstract: Preface List of abbreviated works Introduction 1. Plato Redivivus: or a Dialogue Concerning Government 2. An Essay upon the Constitution of the Roman Government Appendices Index.

Aboriginal Rights and Canadian Sovereignty: An Essay on R. v. Sparrow

Abstract: The authors articulate the basic elements of two competing theories of aboriginal right. The first, a contingent rights approach, requires state action for the existence of aboriginal rights. This approach dominated early judicial pronouncements on the nature of aboriginal rights. The second, an inherent rights approach, views aboriginal rights as inherent in the nature of aboriginality. This approach came to be embraced by the judiciary in cases addressing the nature of aboriginal legal interests prior to the passage of the Constitution Act, 1982. The authors then assess the Supreme Court of Canada's decision in R. v. Sparrow in light of these two competing theories. In Sparrow, the Court addressed the meaning of s. 35(1) of the Constitution Act, 1982 and, despite other laudable aspects of the judgment, relied on a contingent theory of aboriginal right and an unquestioned acceptance of Canadian sovereignty. The authors offer two alternative approaches to s. 35(1) based on the overarching value of equality of peoples. As a result, the Court severely curtailed the possibility that s. 35(1) includes an aboriginal right to sovereignty and rendered fragile s. 35(1)'s embrace of a constitutional right to self-government.

Equality, Democracy, and Constitution: We the People in Court

Abstract: Commentators have seen the disabling provisions found in the American and Canadian constitutions as undemocratic because they restrict majority powers. Building upon the work of John Hart Ely, this paper puts forward a conception of democracy which nourishes both collective responsibility and individual judgment. The distinguishes between "statistical" and "communal'' conceptions of democracy. Traditional theories, such as Ely's, have relied on the statistical notion which of individuals in a democracy acting each on their own. In the communal conception, decisions are made by the ' 'people'' acting as a distinct and collective unit of responsibility. The author then elaborates on the communal conception by identifying two variations of it, ' 'integrated'' and ' 'monolithic' 'forms of collective action. In the latter, both the unit of responsibility and the unit of judgment are collective, while in the former the unit of judgment resides in the individual. If democracy is understood in the integrated communal sense, then many of the disabling provisions in the American and Canadian constitutions can be seen to democracy rather than contradict it.

The Party Variable in Judges' Voting: Conceptual Notes and a Case Study*

Abstract: Since the writings of the judicial realists in the 1920's and 1930's almost all social scientists have accepted the concept that the judicial process is basically political. One line of reasoning points out that judges inevitably are policy makers because of their functions, such as constitutional and statutory interpretation. Politics is conflict among interests or values or demands, and any activity, including judicial decisions, which advantages one interest as opposed to others is political activity. Since judges decide cases involving interest conflicts, theirs is “interest activity not as a matter of choice but of function.” Robert H. Jackson made the point cogently when he argued that the “Supreme Court has, from the very nature of its functions, been deep in power politics …” Of the power of judicial review, he said, “The ultimate function of the Supreme Court is nothing less than the arbitration between fundamental and ever-present rival forces or trends in our organized society.” Although these remarks were addressed to the Supreme Court, they are true to a substantial degree of judicial power throughout the American system. Many of the conflicts adjudicated by the judiciary advance some interests or values and disadvantage others.At the same time that the judicial function has been recognized as political in its consequences, the process of judicial decision making has come to be viewed as involving wide opportunities for discretion by the judges. The mechanical theory of judging, enunciated most clearly by the late Justice Owen Roberts, is now generally in disrepute, and realists prefer to cite Charles Evans Hughes who stated “We are under the Constitution, but the Constitution is what the judges say it is.”

The crowd in the Persian revolution

Abstract: The Constitutional Revolution of 1905-09 was a major watershed in Persian history. It ended the traditional system of government in which the Shah, as the Shadow of God on Earth, ruled his people without any legal and institutional limitations. And it introduced the constitutional system of government in which "the people" were sovereign, and their elected representatives made and unmade ministers, laws, budgets, concessions and foreign treaties. In this revolution the political crowd played a prominent role.2 An organized procession in April 1905 raised the issue whether the Shah could freely choose his administrators. A larger assembly, nmne months later, initiated the demand to limit the monarch's arbitrary powers by creating a "House of Justice." Spontaneous riots in June 1906, and the killing of demonstrators, poured a stream of blood into the wide gap between the government (dawlat) and the nation (millat). A general strike in July, and the exodus of 15,000 from Tehran into the British Legation, forced the court to grant the country a written constitution with an elected House of Parliament. And mass meetings throughout the next three years, accompanied by demonstrations of force in the streets, helped preserve the constitution from conservatives determined to re-establish royal despotism. As a French contemporary, in discussing the advantages of the anarchist theory of revolution, argued: "Events in Persia prove that the general strike and mass action in the streets can produce a successful revolution."3

Varieties of Attack on the Death Penalty

Abstract: The latest execution in the United States occurred on June 2, 1967. Since then, death sentences have been stayed as courts across the country consider a legal challenge to the constitution ality of the death penalty. This paper describes the distorting effect that capital punishment has had on the legal system and the discriminations in the way it has been administered—for example, in rape cases it is applied almost exclusively to Negroes convicted of raping while women. The legal attack focuses on those procedural vices that reflect the arbitrariness and irration ality inherent in capital punishment. Courts are being called on to subject the death penalty to a reasoned examination and to test its validity against the commands of the Constitution, while the number of persons on the nation's death rows continues to grow past the 500 mark. This confrontation on the issue of capital punishment is part of the more general conflict taking place over how society may best cope with its problems without resort to...

The Origins of African Political Consciousness in South Africa

Abstract: The origins of African political consciousness in Southern Africa can be traced back to the first half of the nineteenth century, to the impact of the Christian missions and to the development of a non-racial constitution in the Cape. As the century progressed, mission-educated Africans came to exercise a limited but real influence within Cape politics, and the Native policy of that Colony was seen to contrast favourably with those policies developing in the Boer Republics and Natal. By the turn of the century a new African elite had emerged, committed to non-racial ideals gleaned from Christianity and supported by the theory, and to some extent the practice, of Cape politics.

The Fox-North Coalition: Crisis of the Constitution, 1782-4

Abstract: 1. The Rockingham Administration 2. Lord Shelburne's Ministry 3. Formation of the Coalition 4. Inter-ministerium 5. The Coalition in Office 6. The India Bill: I, The House of Commons 7. The India Bill: 2, The House of Lords 8. The 'Mince-Pie' Administration 9. The Parliamentary Struggle: The Early Stages 10. The Parliamentary Struggle: The Later Stages 11. The General Election 12. Conclusion.

Justice in the Thought of Pierre-Joseph Proudhon:

Abstract: VER SINCE Plato launched political science, justice and authority have been its two leading concepts. In his analysis, as in that of most writers, the problem has been that of just authority, or of an authoritative justice. A very few writers have separated the two concepts, or subordinated one to the other. Machiavelli, for example, clearly did not have a very significant place for justice in his estimate of the political process. In quite radical contrast, the anarchists of the nineteenth century despised authority but honored justice. They assumed that justice could subsist without authority, indeed, only without authority. Among those who held this position, Pierre-Joseph Proudhon (1809-1865) is undoubtedly preeminent as theoretician, and in a day when authority is more seriously challenged and condemned than ever before his thought deserves consideration. "Justice is the summary of my discourse," Proudhon declared in 1840,1 and no phrase could more accurately catch the thrust and intent of all of his works, from the strange, totally secular interpretation of the meaning of the Sabbath in 1839 to the severe but sympathetic evaluation of the political capacity of the working classes in 1864. And although he meant at the time primarily that he was asking for the end of privilege, rather than providing a system of social reform, justice was never to Proudhon merely the abolition of privileges. He had just insisted that his criticism of property as theft could serve as "the preamble to our future constitution," and a few pages later announced that justice "is the guiding star of societies, the axis on which the political world turns, and the standard of all transactions."2 As his thought developed, he came to see it even as "the fundamental law of the universe."3 Simultaneously force and idea, principle of all order and measure of all good, justice is at the center of all of Proudhon's thought his criticisms of contemporary social life, his theories of knowledge, history, and society, and his proposals for reform. Proudhon was convinced that mankind had always sought justice, and to some degree known it. "What is Justice if not the sovereign essence that humanity has in all times adored under the name of God," and that philosophy has sought under diverse names, from the Idea of Plato to the Rights of Man and the Citizen of the Revolution?4 Furthermore, as one would expect given Proudhon's pragmatic and experiential perspective, these products of human reflection are not unrelated to the facts of social life. In his First Memoire, taking note that man is an animal living in society, he asked, "What are the conditions, the laws, of human society?

The constitution of bronianone

Abstract: Bronianone is shown to have the constitution (IV) and is considered to be biogenetically related to the polyisoprenylated xanthonoids (Ia–Ig).

The works of James Wilson

Abstract: James Wilson, the first occupant of a chair in the Law Department of the University of Pennsylvania, was, without doubt, a remarkable man. Professor Bryce, in his work upon The American Commonwealth, speaks of him repeatedly in emphatic terms of praise. In one place, he declares that Wilson was " one of the luminaries of his time, to whom subsequent generations of Americans have failed to do full justice." In another, he refers to him as being " in the front rank of political thinkers of his age." Again, he calls him "one of the strongest men in the Federal Convention." He calls attention to " a remarkable prediction by Wilson of the influence which American freedom would exert upon the Old World;" and in still another connection, he says: "the acuteness of James Wilson had perceived that the two famous confederacies of modern Europe did not supply a model for America." Finally, he classes Wilson with Alexander Hamilton in the weight of intellect and influence which he cast into the national scale, and points out that the speeches of Wilson in the Pennsylvania Ratifying Convention, as well as in the great Convention of 1787, " display an amplitude and profundity of view in matters of Constitutional theory." Praise so high and constant from such an eminent authority has not been without its effect. For several years past students of our institutions, and historic scholars, have been led to a study of Wilson's work in the Federal Convention as reported in Elliott's Debates, and have been outspoken in his praise. Articles have appeared from time to time in leading monthly magazines, and the " discovery " of Wilson by Bryce has been paraded with more or less show of learning. It is greatly to be regretted that no adequate biography of this truly great man has ever been prepared. It may now be too late. The sketches of him in Sanderson's Lives of the Signers, in Curtis's History of the Constitution, in Carson's History of the Supreme Court of the United States, in Stone and McMas633

Operational federalism: Organization for the provision of public services in the American federal system

Abstract: Scholarship in American political science during much of the twentieth century has been pre-occupied with conceptions of representative democracy and political responsibility which owe more to Bagehot's theory of parliamentary government than to the doctrines of divided and limited rule inherent in the American political formulae. Bagehot's conception of parliamentary government was based upon a linear model of political authority as contrasted to an equilibrium model maintained by a system of checks and balances. Bagehot's analysis in: the English Constitution provided Woodrow Wilson with the conceptual tool for his critique in Congressional Government1 and for the formulation of his proposals to reform administration in order to ". . . rescue executive methods from the confusion and costliness of empirical experiment and set them upon foundations laid deep in stable principle." 2

The nineteenth-century constitution, 1815-1914 : documents and commentary.

Abstract: Preface Table of documents Acknowledgments Abbreviations 1. The theory of the constitution 2. Cabinet government 3. Parliament 4. Parties and elections 5. Central and local administration 6. The administration of justice 7. Church and State 8. Ireland Index.

The Nationalists of 1781–1783 and the Economic Interpretation of the Constitution

Abstract: IN spite of such leaders as George Washington, Alexander Hamilton, James Madison, Robert Morris, and others who were later enrolled among the Founding Fathers, the Nationalist movement of 1781-1783 has not made a distinct impression on historical interpretations of the early national period. Surprisingly, it is seldom brought into disputes over the economic background of the Constitution-a matter to which it is precisely relevant.' It should make a difference to historians that constitutional revision and Hamiltonian funding were first linked together not in 1787, not in 1790, but in the closing years of the Revolution. The movement to reorganize the central government was started by the Nationalists of 1781-1783. They coupled economic with political objectives, formulated a program, and lined up a body of actual and potential supporters for whom such a program had a special appeal. The merger of political and economic goals was organic, and the essential elements of Hamiltonian funding were adopted with the Constitution. The effort to strengthen Congress began in 1780, in many ways the most discouraging year of the war, when military defeats and the depreciation of paper money seriously undermined patriot morale. Congress, convinced that any further output of Continental currency would destroy what little value it still had, ended emissions late in 1779-a courageous act, but one that left it without funds. As long as Continental currency had value, Congress

Expropriation of Church Property in Nineteenth-Century Mexico and Colombia: A Comparison

Abstract: Among the major sources of conflict between liberals and conservatives in nineteenth-century Latin America was the controversy over the relationship between Church and State and the position of the Church in the newly independent states. Not infrequently the issues occasioned violence and bloodshed and long periods of instability while the conservative defenders of a privileged Church disputed with reforming liberals attempting to enforce their ideas. Such was the case in Colombia and Mexico when liberalism reached its apogee in the middle of the nineteenth century. In both countries there had been many years of conflict between conservatives who were generally pro-clerical and espoused centralist ideas about government and liberals who were anti-clerical and favored federalism. The liberals also believed in legal equality, the sanctity of private property, individualism, laissez faire, and the necessity of limiting the Church to a purely spiritual role in society. Although liberals in both countries had achieved national power prior to the 1850’s, the Mexican Constitution of 1857 and the Colombian Rionegro Constitution of 1863 symbolized the liberals’ victory and enshrined their principles; for years those constitutions provided the rallying point for liberals against the opposition.

Southern Rhodesian African Nationalists and the 1961 Constitution

Abstract: The convening of the constitutional conference on Southern Rhodesia early in 1961 was the summit of the African nationalists' achievement, from which they subsequently declined. The conference took place less than four years after the formation of the first modern nationalist party in the territory and only two years after the Government had banned it and arrested its leaders. The second nationalist party secured, a year after its inauguration and in the face of implacable hostility from the Government, the first of its major immediate aims, this constitutional conference, which its representatives attended with status equal to that of representatives from the government party. The nationalists had the opportunity at the conference to help modify the political system, in existence since 1923, from which Africans had been almost wholly excluded.

The Case against the Canadian Charter of Human Rights

Abstract: The delivery of a presidential address is like being born or being hanged in that there is nothing in an individual's previous experience which gives him any clues as to how he should act on such an occasion. And so I am unsure of myself and I shall resort to the rule of conduct followed by all my numerous children and some of my friends in the university when they are in the clutch of uncertainty -when in doubt, be obstructive. If one is disposed toward obstruction it is just as well, I suppose, to stand in the path of something very compelling. In terms of current domestic politics this leads one almost inevitably to some form of opposition to the incumbent Prime Minister and the plans he has for the country. Contrary to what some of the campus radicals are telling us, Canada is relatively free and I do not expect such rights as I hold at the continuing pleasure of Parliament and of the Legislative Assembly of British Columbia to be put in jeopardy by such opposition. But I shall be more venturesome in challenging Mr Trudeau, not primarily as a head of government but rather as the most lucid theorist of the Canadian constitution in his generation. That is a riskier enterprise-particularly as I am to discuss a matter which the Prime Minister and others seem to suggest is amenable to informed debate by only those trained in the law. I have had no such sanctification.

The Forgotten Constitution: The Natural Resources Transfer Agreements and Indian Livelihood Rights, Ca. 1925-1933

Abstract: This article forms Part I of a two part legal-historical analysis of the Natural Resources Transfer Agreement (NRTA), the processes and circumstances that gave rise to its enactment, and the subsequent implications historical and contemporary —for the livelihood rights of Aboriginal peoples. In this Part, the author critically examines historical evidence surrounding the agreements that the Prairie Provinces of Alberta, Manitoba, and Saskatchewan entered into with the Dominion government. In doing so, the author concludes that, to date, legal interpretations of the NRTA and the respective provincial agreements have been short-sighted and incomplete. As such, they are deeply troubling and represent a site for further critical legal analysis and judicial reconsideration.

Documents on the confederation of British North America : a compilation based on Sir Joseph Pope's Confederation documents supplemented by other official material

Abstract: "Documents on the Confederation of Canada" provides John A. Macdonald's records of the process by which the Fathers of Confederation drafted the Canadian Constitution and prepared it for passage by the Westminster Parliament, augmented by G.P. Browne's judicious selection of letters, notes from informal meetings, and colonial office memoranda. First published in 1969, it was immediately recognized as an indispensable resource for students of Canadian history. This edition retains Browne's original introduction with its lucid exposition of events from 1858 to 1867. A new introduction by Janet Ajzenstat draws attention to the debt British North Americans owe to the political tradition of British liberalism.