Showing papers on "Constitution published in 1970"

Identity and difference

Abstract: Identity and Difference consists of English translations and the original German versions of two little-known lectures given in 1957 by Martin Heidegger, "The Principle of Identity" and "The Onto-theo-logical Constitution of Metaphysics." Both lectures discuss the problem of identity in the history of metaphysics. A helpful introduction and a list of references are also provided by translator Joan Stambaugh.

The idea of a party system : the rise of legitimate opposition in the United States, 1780-1840

Abstract: Preface Party and Opposition in the Eighteenth Century A Constitution Against Parties The Jeffersonians in Opposition The Transit of Power The Quest for Unanimity Toward a Party System Index

The American Constitution;: Its Origins and Development

Abstract: The hallmarks of this authoritative text have been strengthened throughout: its clear exposition of judicial rulings and their significance, its even-handed discussion of larger trends in American constitutional history, and a broad approach that brings politics and social developments to bear on constitutional cases. The Seventh Edition also takes account of the major constitutional developments of the 1980s: the constitutional implications of divided government-situation in which rival parties respectively control the presidency and the Congress; the controversies over abortion, affirmative action, and issues of free speech; the general debate over original intent and constitutional change.

The law of treason in England in the later middle ages

Abstract: Editor's preface Preface List of abbreviations 1. The medieval concept of treason 2. The treatise writers and the English law of treason at the end of the thirteenth century 3. The origins of the English state trial 4. The great statute of treasons 5. The scope of treason, 1352-1485 6. Treason before the courts, 1352-1485 7. The origins and the early history of the Act of Attainder 8. Treason and the constitution Appendixes Select bibliography Index.

The challenge of the exception : an introduction to the political ideas of Carl Schmitt between 1921 and 1936.

Abstract: Introduction to the Second Edition Preface Introduction Schmitt and the Weimar Constitution: 1921-1933 The Meaning of Dictatorship The Meaning of Sovereignty The Meaning of Democracy and Liberalism The Meaning of the Presidial System Hitler Conquers Weimar Schmitt and National Socialism: 1933-1936 State, Movement, People Concrete-Order Thinking Army, Party, State Theology, Defeat, and the Benito Cereno Myth Conclusion Bibliography Index of Names Subject Index

A Law of Blood: The Primitive Law of the Cherokee Nation

Abstract: John Phillip Reid is widely known for his groundbreaking work in American legal history. "A Law of Blood," first published in the early 1970s, led the way in an additional newly emerging academic field: American Indian history. As the field has flourished, this book has remained an authoritative text. Indeed, Gordon Morris Bakken writes in the foreword to this edition that Reid s original study shaped scholarship and inquiry for decades. Forging the research methods that fellow historians would soon adopt, Reid carefully examines the organization and rules of Cherokee clans and towns. Investigating the role of women in Cherokee society, for example, he found that married Cherokee women had more legal authority than their counterparts in Anglo-American society. In particular, Reid explores the Cherokees revolutionary attitudes toward government and the unique relationship between the members of the tribe and their law. Before the first European contact, the Cherokee Nation had already developed a functioning government, and by the early nineteenth century, the first Cherokee constitution had been enacted."

The archaic community of the Romans

Abstract: Preface List of abbreviations 1. The problem 2. Three, thirty and three hundred 3. Varro's squared colony 4. Other systems 5. What was a curia? 6. Curial origins and religion 7. Roman curias and the Latin festival 8. Communion and community 9. The curiate constitution 10. A summary of the curiate constitution Appendices Maps Index.

Medieval London: From commune to capital,

Abstract: 1. The commune 2. The structure of government 3. The ruling dynasties 4. The administration and its officers 5. The mercantile interests 6. The rise of the crafts 7. The disruption of the commune, 1216-63 8. The crisis of 1263-70 9. The intervention of Edward I, 1270-1319 10. The making of the Constitution, 1299-1319 11. The city and the Kingdom, 1319-37 12. The capital

The Constitution of Man: Considered in Relation to External Objects

Abstract: Preface 1. On natural law 2. Of the constitution of man, and its relations to external objects 3. To what extent are the miseries of mankind referable to infringements of the laws of nature? 4. On the combined operation of the natural laws Appendix.

I. From Revenue to Civil List, 1689–1702: The Revolution Settlement and the ‘Mixed and Balanced’ Constitution*

Abstract: In a theoretical sense it may be said that the Revolution of 1688–9 established the supremacy of Parliament in the English constitution, but from a practical point of view the result of the Revolution was a –mixed and balanced’ constitution, in which power was shared between Crown and Parliament, and exercised within a framework of law. Although the doctrine of a ‘mixed and balanced’ constitution was an old one, the Revolution made clear the need for Crown and Parliament to work together, and in the reign of William III a new definition of their relationship was achieved. In this process the question of finance was crucial, for Parliament saw in control of finance the most effective instrument to limit the power of the Crown, while the Crown insisted that monarchy could not maintain its proper place in the constitution without some degree of fiscal independence. The outcome was, like most aspects of the Revolution Settlement, a compromise, in which the Crown received an independent income for the Civil List, while Parliament assumed responsibility for the military forces and the debt. The Civil List compromise of the reign of William III resolved the conflict between the Stuarts and their Parliaments for control of finance, and was an important step in the achievement of political stability within the ‘mixed and balanced’ constitution.

Non-discrimination and equal treatment: under the European Human Rights Convention and the West German Constitution with particular reference to discrimination against aliens

Abstract: The principle of equal treatment and the prohibition of discrimination have frequently been subjects of theoretical and practical consideration not only under the European Convention on Human Rights ("HRC") but also under the rules of the German Constitution (Grundgesetz-"GG"). Consequently, the following study will not offer another systematic and exhaustive analysis of the problems involved, but will seek to examine certain very specific problems in the light of some concrete situations,1 and to move by this means towards further clarification of these general conceptions, and of their component parts. Thus the following study is based largely upon concrete examples, since research, if restricted to actual situations, prevents any digression towards generalized and hence necessarily vague ideas.

The Creation of Nobles in Prussia, 1871-1918

Abstract: THE attention directed by contemporary historians to the German Empire founded by Otto von Bismarck and William I has tended to focus either on men and movements opposed to the establis.hed authorities and entrenched interests that prevailed in the kingdom of Prussia or on the principal military, diplomatic, and agrarian figures whose frequently conflicting aspirations the monarchy was pressed to resolve. Because of the provisions of the imperial constitution of 1871, those who ruled in Prussia also wielded a commanding influence in imperial

The Creation of the United Nations Educational, Scientific and Cultural Organization

Abstract: The history of the creation of the United Nations Educational, Scientific and Cultural Organization (UNESCO) encompasses essentially two international conferences: the Conference of Ministers of Education of the Allied Governments and the French National Committee (CAME) which took pJace in London from 1942 through 1945 and the Conference of the United Nations for the Establishment of an International Organization for Education and Culture, held November 1–16, 1945. The latter conference, called jointly by the governments of France and the United King dom, was partially a result of the former and was also held in London. At this two-week conference UNESCO's constitution was drafted and adopted. In this development a part was played by the founding process of the United Nations whose Charter, adopted at the United Nations Conference on International Organization in San Francisco in June 1945, foresaw the advancement of international cooperation in culture and education. The founding conference of UNESCO considered itself the executor of this mandate. This article will show how the idea of international cultural cooperation was developed during the Second World War at the meetings of CAME, how it was modified by the United States aid policy toward Europe, how it was influenced by French traditions of intellectual cooperation manifested within the framework of the League of Nations, and how it led finally to the creation of a new specialized agency of the United Nations.

The Early Constitution of the Inns of Court

Abstract: I propose in this article to examine two questions: the original system of government of the Inns of Court and the original relationship between call to the bar and the right of audience in the Royal Courts. Primarily I shall be concerned with the first question: I shall deal with the history of call to the bar only incidentally, and I do so because the two subjects are intimately connected with each other.

Toward the Concept of Collective Security: The Bryce Group's “Proposals for the Avoidance of War, ” 1914–1917

Abstract: A remarkable document in the history of international organization is a detailed constitution for a league of nations which was given limited distribution in March 1915 under the title “Proposals for the Avoidance of War”. Prepared by British liberal and socialist critics of prewar British diplomacy headed by Lord Bryce, the historian, jurist, and retired ambassador to the United States, it undoubtedly was the single most influential scheme for a league of nations produced during the First World War. Although the “Proposals” recommended neither international social or economic cooperation nor measures of international administration, it was known to the authors of the major league schemes prepared in the United Kingdom and the United States during the First World War and to officials in both countries. Indeed, the document was the source of key concepts and language embodied in 1919 in the Covenant of the League of Nations and subsequently in the Statute of the Permanent Court of International Justice (PCIJ) and of its successor, the International Court of Justice (ICJ). Yet discussion of the “Proposals” in the literature on the origins of the League of Nations is both cursory and imprecise. Even such writers as Henry R. Winkler and Alfred Zimmern who recognize its importance seem not to understand how the “Proposals” evolved and how early and pervasive an influence it had.

Political Integration in Africa: the Mali Federation

Abstract: In the 1958 referendum on the constitution of the Fifth Republic, General de Gaulle asked the French West African territories whether they wanted continued association with France in the Community; if they voted ‘No’, this meant immediate independence, which was chosen by Guinea alone.There was widespread sentiment, in those territories which voted ‘Yes’, in favour of some type of federation for the former A.O.F. (L'Afrique occidentale francaise). Long an advocate of this idea, Leopold Senghor of Senegal presented a constitution for a West African federation to the other A.O.F. leaders in October 1958. Senegal, Dahomey, Upper Volta, and Soudan all empowered their governments to enter into the proposed federation; Niger, Mauretania, and Ivory Coast said nothing. The four territories which responded to the call for unity sent delegations to meetings of federalists, in Bamako in December 1958, and then in Dakar, at which time a constituent assembly met and drafted a constitution. The work was finished and approved without discussion in three days.

Constitutionalism and Elections in Thailand

Abstract: A LTHOUGH CONTEMPORARY Thai governmental structure is underwritten by a constitution based on free elections and the principles of separation of power, substantial changes have been made in each of these elements as they have been integrated into the Thai culture. The result has been a distinctive political system which can only be partially understood in a Western framework of analysis. In June i968, Thailand promulgated its eighth constitution since the I932 revolution which replaced the absolute monarchy with a bureaucratic regime. The new constitution set the stage for another major political event -the elections for national assembly representatives on February io, i969, the tenth election since the revolution but the first since December I957 under Field-Marshal Sarit Thannarat. The Thai propensity for changing constitutions has been referred to as "faction constitutionalism,"'' whereby each successive draft reflects, makes legitimate, and strengthens major shifts in factional dominance. Thai constitutions have not been considered the fundamental law of the land; rather, they have functioned to facilitate the rule of the regime in power. Thailand's post-revolution history suggests the direct relationship between power configurations and the content of the successive constitutions. The promoters of the I932 revolution drafted Thailand's first constitution in order to enhance their own power and to curtail severely the power of the King and other royalty. Because the King had less power, the highly trained and educated pro-monarchist elements did not support the new regime. In order to regain the support of this important group, the King was accorded symbolic functions in the second constitution, but the promoters assured their own continued dominance of the government by appointing one-half of the legislative body. Successive constitutions followed this pattern. Regimes whose power emanated from the electorate or from the parliament empha-

Constitutionalism and the Changing World: Collected Papers

Abstract: Preface 1. The historian's part in a changing world 2. Sovereignty 3. A fragment on sovereignty 4. Whig sovereignty and Real sovereignty 5. Due process of law in Magna Carta 6. Magna Carta and Common Law 7. Who was 'Rossaeus'? 8. The House of Commons in 1621 9. A forgotten worthy, Philip Hunton, and the sovereignty of King in Parliament 10. The transfer of the Charter to New England and it significance in American constitutional history 11. The fundamental law behind the Constitution of the United States 12. Liberalism and the Totalitarian ideals 13. Government by law 14. The reconstruction of Liberalism 15. The tenure of English judges Index.