Showing papers on "Constitution published in 1973"

Rules and order

Abstract: This volume represents This volume represents the first section of Friedrich A Hayek's comprehensive three-part study of the relations between law and liberty "Rules and Order" constructs the framework necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy

The Indian Constitution Cornerstone Of A Nation

Abstract: "The Indian Constitution" provides a history of the Indian Constituent Assembly, of how and why the members of the Assembly wrote their constitution as they did. This new edition of Austin's classic work has a preface bringing it up to date with contemporary developments in constitutional law.

James Mackintosh, Burke, and the Cause of Reform

Abstract: IN 1791 JAMES MACKINTOSH published his Vindiciae Gallicae, and his work was accounted by most of those who supported parliamentary reform to be the best of the many replies to Burke's Reflections. Burke maintained that he had not read it, but that he had Richard Burke's authority that it was "Paine at bottom." By 1796, however, Mackintosh's enthusiasm for the French cause had begun to wane, and in December of that year he had his famous interview with Burke. Henceforth he was to write vigorously in defense of the British Constitution, and to oppose proposals for easy and radical change such as he had earlier favored. This transformation did not escape the notice of those in whose camp he had previously placed himself, and he was taken to task by William Godwin in 1800. Coleridge was the most scornful, and he once described Mackintosh as a "great DungFly." I shall argue in this paper that two important aspects about the change in Mackintosh's political attitudes have been misunderstood. First, Mackintosh's political beliefs were by no means as radical as have sometimes been supposed. Although he clothed his arguments in a fashionable rationalist rhetoric, his position was that of a parliamentary reformer seeking to increase the representation of the middle classes. As a proposal, this was not in itself radical. Even Pitt could announce his support for the idea in principle in the 1790s, although he argued that the atmosphere in which it could be carried out without leading to the destruction of the constitution did not, exist because of the dangerous influence of the French Revolution.' Reformers would have to await a more tranquil political climate. Sec-

Securing the revolution : ideology in American politics, 1789-1815

Abstract: "If I could not go to heaven but with a party," observed Thomas Jefferson, "I would not go at all." Why a political generation so deeply hostile to political parties created a tightly structured party system has long been a standard-and serious-historical conundrum. The argument that the Republicans were the party of the poor crumples at the mention of the name of Thomas Jefferson, master of Monticello. Charles A. Beard's suggestion that the Federalists represented a commercial interest group disintegrates when centers of commerce like Baltimore and Newark vote Republican while agrarian counties in the same states vote Federalist. And the protestations of contemporaries, that all they really sought was national harmony, are of little help in deciding why that harmony splintered. In a book distingished by its careful reasoning and common sense, Richard Buel tells the story of national politics in the early republic. The shaping events are predictable ones: Hamilton's economic program, the Jay Treaty, the Alien and Sedition laws, each handled with a fine eye for detail. Throughout Buel asks the question: how did it happen that a cluster of leaders who had agreed so vigorously on the essentials of the Constitution could come, in less than a decade, to distrust each other intensely? And throughout he offers the answer that the differences between the parties are ultimately to be ascribed to the fact that each party's leaders displayed varying degrees of confidence in the society which the Revolution had created, and varying degrees of willingness to trust public opinion. Politics is a weighing of alternatives. As Buel reconstructs these alternatives, Republicans make the choices they do primarily because they are confident and optimistic about American society; they believe it strong enough to venture risks. Federalism becomes, by contrast, the "ideology of the insecure" (p. 87). Thus Madison opposes assumption because he is confident that fiscal competence can be achieved without Hamiltonian devices. Responding to British provocation in 1793 and I794, Federalists emphasize the dangers of war and therefore make the long list of concessions that add up to the Jay Treaty; Republicans remind themselves

A More Perfect Union: The Impact of the Civil War and Reconstruction on the Constitution

Abstract: (1973). A More Perfect Union: The Impact of the Civil War and Reconstruction on the Constitution. History: Reviews of New Books: Vol. 1, No. 9, pp. 201-201.

Constitutionalism and the Supreme Court in a Changing Philippine Polity

Abstract: On September 22, 1972, martial law was proclaimed in the Philippines. Among the immediate steps taken by the government were the general shutdown of the mass media, the temporary closing of all schools and universities, the banning of the possession or sale of private firearms, the placing of certain public utilities under government control, the mass arrest of persons regarded to be engaged in anti-government activities, and the imposition of a 12:00 midnight to 4:00 a.m. curfew. In a speech delivered on nation-wide radio and television one day after martial law was proclaimed, Philippine President Ferdinand Marcos said: "The proclamation of martial law is not a military takeover. I, as your duly-elected President of the Republic, use this power implemented by military authorities to protect the Republic of the Philippines and our democracy."' He went on to state that "the judiciary shall continue to function in accordance with its present organization and personnel," subject to certain limitations. Four months later, addressing the Consultative Council at Malacanang after he announced the ratification of the new Constitution, the President pledged that the government would be based on constitutionality and reiterated that he had declared martial law legitimately on the basis of the old Constitution. "I have not grabbed power," the President said at a news conference. He described the new government as one of "constitutional authoritarianism," and added that the broad powers he wields are subject to "checks and balance" by the country's Supreme Court.2 These and similar statements by high Philippine officials collectively paint the image which the government wishes to portray to observers at home and abroad, which is that despite the realities of martial law, constitutional procedures have not been abrogated and that the judiciary is alive and well. It therefore becomes worthwhile to inquire into current constitutional developments in the Philippines and, within a limited context, assess the nature of the interaction between the President and the Supreme Court under martial law conditions.

Constitution-Making in Bangladesh

Abstract: BANGLADESH, which emerged as an independent state in December I97I, after having witnessed one of the most brutal blood-baths in modern history,' gave herself a full-fledged constitution on November 4, Ig72, only 325 days after her liberation. On December 22, I97I, the seat of the government had been transferred from "Mujibnagar" to Dacca, but at that time, Sheikh Mujibur Rahman, the leader of the Bengali nationalist movement who was declared the President of the Revolutionary Government of Bangladesh was still held in a Pakistan prison. When the news of his release came the people rejoiced, but at the same time many wondered about the pattern of their future government, particularly the relations between president, cabinet and parliament. The people of Bangladesh had struggled long for a parliamentary democracy with the president as a nominal head, and with real powers vested in a cabinet collectively responsible to the legislature. Would Sheikh Mujib continue as President? If, so, what would happen to Parliamentary Government? In I947, Mohammad Ali Jinnah preferred the place of Governor-General of Pakistan to that of the Prime Minister. Would the Pakistani history be repeated in Bangladesh? All these fears proved illusory, when on January ii, i972, Sheikh Mujibur Rahman, as President, promulgated the Provisional Constitution Order. "Whereas, it is the manifest aspiration of the people of Bangladesh that a parliamentary democracy shall function in Bangladesh" (Preamble), the Order provided that: "there shall be a cabinet of ministers with the Prime Minister at the head" (Art. 5); "the President shall, in exercise of his functions, act in accordance with the advice of the Prime Minister" (Arts. 6); "the President shall commission as Prime Minister a member of the Constituent Assembly, who commands the confidence of the members of the Constituent Assembly" (Art. 7); and all ministers shall be appointed by the President "on the advice of the Prime Minister" (Art. 7). The new Order altered the fundamentals of the Revolutionary Government in which all executive and legislative powers had been vested in the President,2 thus

The Ideological Origins of the Batavian Revolution: History and Politics in the Dutch Republic 1747–1800

Abstract: I. The constitutional argument.- A. The Eighty Years War.- B. The Era of "True Liberty" (Ware Vrijheid).- C. The Oligarchy and Slingelandt.- II. The revolution of 1747 and the Stadhouderate.- A. Invasion and Revolution.- B. Reaction after 1754.- 1. Elie Luzac and the Stadhoudersgezinden.- 2. Jan Wagenaar and the Loevesteiners.- 3. The Shade of Johan de Witt.- III. The development of patriot and orangist ideology.- A. New Ideas and Old History: Socrates and the Beggars.- B. New Organizations: Economic Patriotism.- C. Pieter Paulus on the Stadhouder and the Constitution.- D. Simon Stijl and the New Enlightened History.- E. J.D. van der Capellen, "Born Regent" and Patriot.- IV. The patriots prepare "the democratic revolution".- A. The Patriot Call to Arms.- B. Hollan's Wealth: A Summary of the Orangist Position.- C. The Call for Constitutional Restoration.- 1. Political Organization and Patriot Activity.- 2. Political Theory in a Patriot Program.- D. The Response in Theory and Practice.- 1. Sovereignty Defended by A. Kluit.- 2. Patriots and Organists Ready for Battle.- 3. The Failure of the Democratic Patriot Revolution.- V. The end of the constitutional argument220 A. "Civil Liberty" and "Equality" under Orange Restoration.- B. Politics, Philosophy and History in 1793.- 1. S.I. Wiselius: Political Enlightenment.- 2. A. Kluit: The Rights of Man.- C. The End of the Republic, Long Live the Republic.- 1. French Invasion and National Assembly.- 2. The Batavian Republic: Constitution and Coup.- 3. The Old Republic in Retrospect.- Conclusion.

Communism and Reform in the Philippines

Abstract: I N THE EVENING of September 22, I972, President Ferdinand Marcos formally put into effect his Proclamation No. io8i, placing the Philippines under martial law in conformity with powers granted him under the constitution. In an address to his nation on September 23, Marcos emphasized that this was "not a military take-over of civilian government functions" and that the government of the Republic "which was established by our people in 1946 continues . . . officials and employees of our national and civil government continue in office and must discharge their duties as before within the limits of the situation."' However, he added, "there is no doubt in everybody's mind that a state of rebellion exists in the Philippines," referring not only to "lawlessness and criminality," ranging from kidnapping and extortion, to gun-running and corruption, but also to "battles . .. going on between the elements of our government forces and the subversives" in the islands of Luzon, the Visayas and Mindanao. He warned that "if this continues" then "the economy of the country will collapse in a short time." This address was remarkable because of its attempt to link the alleged lawlessness with the threat of subversion, specifically that of the Maoist "New People's Army" (NPA). Both of these were invoked to justify not merely the imposition of martial law, but also the flood of ambitious reform measures, which Marcos announced then and in subsequent days in an effort to remove "the inequities" of society, to "clean up" the government with "its corrupt and sterile elements," to begin the "liquidation" of "criminal syndicates," and so on. Whether the joining of the problem of Philippine criminality with that of Communist insurgency was warranted is obviously debatable; one might ask whether in the early sixties (when the Huk problem seemed much smaller and its radical ideological component much less

Independence on Trial: Foreign Affairs and the Making of the Constitution

Abstract: In Independence on Trial, Frederick W. Marks III focuses on the impact of foreign affairs and trade, arguing that they had an overwhelming influence in shaping constitutional reform for the founding fathers. He argues that problems relating to the conducting of foreign affairs far outweighed any other issues facing the Confederation and that the Federalist's desire for a more advantageous position in the world was their overriding concern which gave rise to the Constitution.

Citizenship in the American Constitution

Abstract: In the view both of the ancients and of modern liberal political theorists, the relationship between the individual and the state is largely defined by the concept of citizenship. It is by virtue of his citizenship that the individual is a member of the political community, and by virtue of it that he has rights. Remarkably enough-and as I will suggest, happily-the concept of citizenship plays only the most minimal role in the American constitutional scheme. The original Constitution, prior to Reconstruction, contained no definition of citizenship, and precious few references to the concept altogether. The subject was not entirely ignored by the Framers. They empowered Congress to make a uniform rule of naturalization.1 But wishing to attract immigrants and therefore to be hospitable to them, the Framers rejected nativist suggestions for strict naturalization requirements, such as long residence.2 They plainly assumed that birth as well as naturalization would confer citizenship, but they made nothing depend on it explicitly aside from a few offices: President, Congressman, Senator, but notably not judge.3 State citizenship provided one, but only one of several, means of access to federal courts (under the diversity jurisdiction),4 and carried the not unqualified right, under the privileges and immunities clause of article IV, section 2, to be treated generally by each state in the same fashion as its own citizens were treated.

Voter Turnout and the Meaning of Elections in South Korea

Abstract: A x rapid succession of events in South Korea is recent months has confounded many outside observers of the Korean political scene.' Why was martial law declared on October 19, 1972? Why constitutional amendments? What are the prospects in the North-South negotiations for unification of the country? Since the division of Korea in 1945 and the resultant Korean War, both sides have been uncompromising in their hostility. In his address to the nation on October 27, 1972 announcing "the draft amendments to the Constitution," South Korea's President Park Chung-hee stated: "Today the Extraordinary State Council has deliberated and adopted the draft amendments to the Constitution with firm determination to bring about national stability, prosperity and unification which all of our people are so ardently desiring, and we take this occasion to announce them to the people." "At this moment," President Park continued, "I sincerely pray that Korean democracy, which best suits our situation, will take root promptly in this land and contribute to the establishment of a proper constitutional order... .2 President Park's statement is ambivalent to say the least. He mentions "Korean democracy." He emphasizes national stability and prosperity. He underlines the theme of unification as the desire of all the Korean people. His very action of imposing martial law and bringing about constitutional amendments, however, amounts to the emasculation of the earlier constitution which he himself helped formulate and by which he was elected president of the Third Republic in 1963. Whether the result is economic prosperity or chaos, political stability or instability, and unification or no unification, President Park-under the new constitutional framework-could make himself a lifetime president accountable to a non-partisan National Conference for Unification. Korea's democratic experiment is on trial. As a matter of fact, one could argue that

Social Policy, Power, and Social Science Research

Abstract: In its historic decision of May 17, 1954 (Brown v. Board of Education of Topeka), the United States Supreme Court ruled that state laws which required or permitted racial segregation in public education violated the equal protection clause of the 14th Amendment of the United States Constitution. In concluding that "Separate educational facilities are inherently unequal," the Court cited the work of social scientists in its pioneering and controversial footnote eleven. This citation demonstrated dramatically that the theories and research findings of social scientists could influence public policy decisions on educational and other social problems. The use of social science research in the making of such important policy decisions raised the question among social scientists of the propriety of their involvement or the validity of their contribution to the decisions.

The 1971 Coup in Thailand: Understanding Why the Legislature Fails

Abstract: O n June 21, 1968, a new Constitution for the Kingdom of Thailand was promulgated, ending ten years of absolute military rule. An elected legislature was established and political party activity was legalized. Three years and five months later, on November 17, 1971, the Government announced the failure of its "constitutional experiment;" martial law was declared, the legislature was closed, the parties were disbanded, and a military junta asserted complete control of the nation. In this discussion I do not intend to enter into the speculation concerning the possible international causes and implications of the November coup. Instead, I want to try to put these events into some perspective by assessing them in the context of the history of constitutional practices in Thailand. Such an analysis probably will not answer the question of why the coup occurred; rather, it will seek to explain why such an event could happen in Thailand and, by implication, in other nations similarly situated.

Some Aspects of Moral Structure in Galician Hamlets1

Abstract: The internal constitution of Galician hamlets places the paterfamilias of the house in roles which isolate him and oppose him to other heads of houses, especially his neighbors next door or in neighboring plots. This necessary but conflictive relationship becomes, under certain conditions, immoral, and in these conditions people attribute to neighbors the power of envy, misfortune, and evil. These attributions serve, ultimately, to reinforce community solidarity.

The Beseda Circle, 1899-1905

Abstract: Contstitutions in almost all states have been introduced at various times, in bits and pieces antd for the mtost part amidst violent political upheavals. The Russian Constitution will owe its inception not to the inflaming of passions ansd extremity of circunmstance, but to the virtuous inspiration of the Supreme Authority, which, in ordering the political life of its people, is fully capable of endowing it with proper forms.