Showing papers on "Constitution published in 1974"

The Athenian Democracy in the Age of Demosthenes: Structure, Principles, and Ideology

Abstract: Direct democracy in historical perspective evidence the Athenian Constitution down to 403 BC Athens as city state and as democracy the peoples of Athens the assembly of the people the laws and the Nomothetai the people's court the Magistrates the Council of Five Hundred the political leaders the Council of the Areopagos the character of Athenian Democracy.

The Antifederalists: Critics of the Constitution, 1781-1788

Abstract: The Antifederalists come alive in this state-by-state analysis of politics during the Confederation and the debates over the enlargement of congressional powers prior to the formation of the Constitution. On the one side were small and middle-class farmers who subscribed to a libertarian tradition founded in a distrust of power, a preference for local authority, and a concept of private rights that defined liberty against government. On the other, urban centers and commercial farming areas were mercantile and planter aristocracies disposed to qualify libertarian tenets out of a fear of majority rule, a concern for property rights, and a high regard for the positive economic and political possibilities within the power of a more centralized state. Main presents a perceptive account of the deliberations of the ratifying conventions, the local circumstances that affected decisions, the alignment of delegates, and the factors that influenced some of the delegates to change their minds.

Regicide and Revolution: Speeches at the Trial of Louis XVI

Abstract: Preface to the Morningside EditionPreface to the Original EditionTranslator's PrefaceRegicide and Revolution1. Two Kinds of Regicide2. The Old Regime3. The King and the Law4. The Revolutionary Argument5. A Defense of the Trial and Execution of Louis XVIThe Speeches1. Maihle: 7 November 17922. Morisson: 13 November 17923. Saint-Just: 13 November 17924. Paine: 21 November 17925. Robespierre: 3 December 17926. Condorcet: 3 December 17927. Marat: 3 December 17928. Saint-Just: 27 December 17929. Robespierrre: 28 December 179210. Vergniaud: 31 December 179211. Paine: 7 January 1793Appendix1. Revolutionary Justice by Ferenc Feher2. The Kind's Trial and the Political Culture of the Revolution by Michael Walzer3. Excerpts from the Constitution of 1791Index of Names

Preserving the Constitution: The Conservative Basis of Radical Reconstruction

Abstract: IN the 1950s and especially the 1960s, Reconstruction history underwent its own reconstruction. As twentieth-century Americans became more and more aware of their own racial crisis, historians reassessed the racial crisis which faced their ancestors, bringing to the profession and to the public a new appreciation of the problems Americans faced in restoring national and state governments in which the personal and civil rights of black Americans would be protected for the first time.' Historians have reevaluated the motives of the so-called Radical Republicans, the character of President Andrew Johnson, and the very nature of the issues which confronted Americans after the Civil War. But they have not yet reevaluated the constitutional framework within which Reconstruction proceeded, despite the fact that, in Eric L. McKitrick's words, constitutional limitations formed "an indispensable part of the framework within which men thought in the nineteenth century."2 Most recent scholars have abandoned the prejudicial

Republican Ideology and the Triumph of the Constitution, 1789 to 1793

Abstract: JN I787 the men who signed the Constitution went home from Philadelphia determined to seek an unconditional victory for their new plan of government for the United States. To Federalists the alternative was clear: the people must accept the new plan of government or face the certain prospect of political debility and social collapse. Antifederalist convictions were equally strong. For opponents of the Constitution no threat was so outrageous, no evil so chimerical, that they could not see it lurking in the Federalist plan. If we are to listen to the participants, the struggle over the Constitution was a dispute between contending social interests over a question no less vital than the future of republican government in America and the world.' Yet no anticonstitutional party emerged in the new United States. As early as the spring of I79I the Constitution was accepted on all sides as the starting point for further debates.2 Within four years of ratification, the Republican opponents of the new administration-a party which probably included a majority of the old Antifederalists-insisted that they stood together to defend the Constitution against a threat that originated within

Free Speech and Obscenity Law: Toward a Moral Theory of the First Amendment

Abstract: The jurisprudential inquiry into the relation of law and morals has recently taken a striking new form that promises to reinvigorate the classical inquiry in a fruitful and controversial way. In the place of the traditional inquiry into the necessary logical relations between concepts of law, or legal systems, and substantive moral values, this new approach starts from the premise that in America written state and federal constitutions literally incorporate substantive moral criteria. Thus recent commentary gives voice to the deep intellectual need for a satisfactory fusion of constitutional law and moral theory in the absence of which "[c]onstitutional law can make no genuine advance."' Concurrently, it is natural to apply moral theory to the analysis of particular constitutional provisions. The relation between morality and constitutional law is not, obviously, an exact one.2 Nonetheless, certain provisions of the Constitution, such as the equal protection clause of the fourteenth amendment, crucially implicate moral ideas so that the analysis of the moral idea fundamentally illuminates the interpretation of the constitutional provision.3

Influence, Parties and the Constitution: Changing Attitudes, 1783–1832

Abstract: The existence of royal ‘influence’ was central to the political system of eighteenth-century England. However, the influence of the Crown occupies a curiously tangential place in the political thought of the period. Always difficult to ignore, influence gained recognition chiefly from those groups intent on destroying it – the Old-Whig enemies of corruption, the Country opposition to Walpole and the radical reformers late in the century. But the constant ambiguity as to the exact nature of the balance of the constitution may be explained primarily by the presence of opposed views about influence. While the numerous enemies of influence seem to have had their way in the law-books and other standard accounts of die constitution, an interpretation of British government, leaning more to realism than to legalism, sometimes surfaced in those ministerialists who defended places for M.P.s as the essential lubricant to die machinery. A realistic assessment of influence not only departed from die model of three equal and independent estates, it was also to provide a basis for understanding political parties within the framework of the balanced constitution.

Public School Effectiveness and Equality: New Evidence and Its Implications.

Abstract: PUBLIC SCHOOL EFFECTIVENESS AND EQUALITY: NEW EVIDENCE AND ITS IMPLICATIONS_ Since 1966 support of public schools has been damaged by widely accepted hypotheses built by Coleman, Jencks, and others on inadequate samples and faulty measurement. Now Mr. Walberg and his associates are generating diametrically opposed hypotheses from new data. Among the implications: Educators should support the equal opportunity amendment to the U.S. Constitution offered last spring by the Education Commission of the States.

Constitution Making: The Development of Federalism in Pakistan

Abstract: Jakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan... ." So, in part, reads the first article of the Constitution of 1973. So indeed read the first article of the Constitution of 1956, but the Ayubian Constitution of 1962 omitted reference both to a federation of Pakistan and to the nation's status as an Islamic state (this was partly remedied by an early amendment adding the description "Islamic"). In this short phrase, contained in each of the two constitutions of Pakistan enacted by representative bodies, is summed two of the principal controversies of constitution making in that country: federalism vs. a unitary system and an Islamic vs. a secular state. Both the 1956 and the 1973 constitutions also agree on the parliamentary form of government rather than the presidential which was "enacted" by Ayub Khan in 1962. Mere agreement on broad principles in 1956 and 1973, however, tends to obscure both important differences between the two basic laws and the debate which led to the present refinement of the meaning of each principle. The prolonged eight and one half year period of independence before the proclamation of the 1956 constitution served to set the terms of at least one of the principles, that of an Islamic state, so that further debate was not extensive during 1972 and 1973. On the two basic elements there was substantial disagreement. However, the most strenuous battle was over the extent of the powers of the provinces and of the federation. In a nation which was framing a new constitution immediately after the loss of one province on the question of provincial autonomy the continuation of this debate was one of great concern to the president and his associates.

Medieval peasants: Any lessons?

Abstract: The study of the medieval peasantry should be made in terms of its role in European feudal society. This was a distinct social formation, so that comparisons with peasantries in capitalist society or under economic and political pressures from world imperialism, should be made with the utmost care. The internal constitution of the medieval peasantry is discussed in terms of the composition of the household and the social stratification of the peasant community. It is suggested that the village hierarchy was economic rather than age‐ or sex‐determined. The relation of peasants to the rest of medieval society was mainly determined by the fact that the surplus to subsistence needs of the peasant product was appropriated by landowners, directly or through the medium of church and state. In other respects, too, peasants did not form an autonomous world, being linked with the towns through marketing arrangements and with upper class culture through the resident clergy and through contacts with peripatetic noble...

Natural Corporatism and the Passing of Populism in Spanish America

Abstract: In the aftermath of the military revolt that overthrew the Popular Unity government of Dr. Salvador Allende in September 1973, reports began to seep out of Chile that the junta was supervising revision of the constitution in a “corporativist” sense. The structural alterations contemplated are designed, in the first instance, to ensure permanent military representation in the councils of government. However, General Augusto Pinochet Ugarte, head of the military junta, has made it known that the new constitution will also give a prominent place to industrial, commercial, agrobusiness, mining, and professional associations, which he terms “the authentic representatives of the people.” Such employers' and trade associations—known collectively as “gremios patronales,” to distinguish them from trade unions or “gremios de obreros” — have been in existence for many years, but a number of them experienced a sharp upsurge of political militancy in the late 1960's in reaction to what their leaders perceived as the leftward drift of the then-ruling Christian Democratic Party. Their role, under the direction of the Confederation of Production and Commerce, in arousing resistance to the Popular Unity government elected in 1970 and, ultimately, in paralyzing it before its final downfall is widely known, at least in outline.

The Royal Commission on the Constitution

Abstract: In April. 1969. the setting-up of a Royal Commission on the Constitution was announced.' Its terms of reference were to be: \"To examine the present functions of the central legislature and government in relation to the several countries, nations and regions of the United Kingdom; to consider. having regard to developments in local government organization and in the administrative and other relationships between the various parts of the United Kingdom. and to the interests of the prosperity and good government of our people under the Crown, whether any changes are desirable in those functions or otherwise in present constitutional and economic relationships; to consider, also. whether any changes are desira:ble in the constitutional and economic relationships between the United Kingdom and the Channel Islands and the Isle of Man.\" As the Commission recognized. these terms of reference could scarcely have been wider. \"Only if we recommend the abolition of the Monarchy would we be in conflict with our terms of reference.\"? The interpretation and method of working dictated by this brief was the primary cause of the major rift which occurred within the Commission itself. To the minority of two. Lord Crowther-Hunt and Professor A. T. Peacock. who ultimately prepared a Memorandum of Dissent from the proposals of the 11 other members of the Commission. the terms of reference demanded an examination of the system of government as a whole; to the majority. on the other hand. the emphasis was on the \"several countries. nations and regions of the United Kingdom\". with the result that. at least as far as the majority report is concerned. the political developments which preceded the Commission's appointment must be seen as the unstated premise behind its deliberations. Primarily. the background to the appointment of the Commission was a heightened degree of nationalist activity, both in Scotland and in Wales. Of the two. Scottish developments were probably more significant as a factor in the Commission's appointment; the electoral success of the Scottish National Party. both in central and local government elections in the period between 1966 and 1968. was greater than in any of the previous nationalist \"waves\" this century.\" In Wales. although as in

Martial Law: The Development of a Theory of Emergency Powers, 1776-1861

Abstract: The American theory of martial law evolved gradually under a dense cloud of confusion and ambiguity. Until the troublesome years from 1830 to 1860, most jurists and commentators tended to equate martial with military law and to hold that it applied exclusively to members of the armed forces. But after 1830, when Americans began to feel the pressures of governing a continental empire in combination with domestic unrest and found themselves in situations requiring a resort to military power as the only means of preserving the social and constitutional order, the concept of martial law took on new meaning. This article focuses upon this development of a new theory of emergency powers in the United States during the first three-quarters of a century under the Constitution.

The Status of Fundamental Individual Rights in the Absence of a Written Constitution

Abstract: To reconcile the true boundaries between the individual and the community is the highest problem that thoughtful consideration of human society has to solve. Jellinek, The Declaration of the Rights of Man and of Citizens (1901).The legislative authority in Israel is all-powerful. Like the English Parliament, the Knesset “can do everything but make a woman a man, and a man a woman”. In the absence of a formal written Constitution, the Legislature enjoys legislative supremacy: the laws of the Knesset stand at the top of the normative legal order of the State, paramount in the prevailing legal system. Ranged against such a Legislature-giant, whose power knows no formal restraint, the Courts often feel like Lilliputians facing a Gulliver. There is, indeed, justification for this sense of inferiority harboured by the Judiciary. It is undoubtedly true that in the process of adjudicating disputes—between two individuals and between an individual and the authorities—judges apply, construe, and develop the existing rules of law and impart life to them.

Lord Howick and Colonial Church Establishment

Abstract: Because the Church of England traditionally formed part of the British constitution, Englishmen in the seventeenth and eighteenth centuries often discussed the importance of extending the Established Church to settlements overseas. Yet nothing constructive was done in North America before the Revolution to complete the constitution of the colonial Church or reinforce its special position as the partner of the civil government. There were no bishops in America, and the remote bishop of London was left to supervise as best he could an institution that enjoyed few privileges and displayed an inveterate tendency towards independence. After the American Revolution, however, imperial administrators and colonial churchmen appreciated the need to buttress and reinvigorate the Church of England in British North America. In official circles at least, the loss of the Thirteen Colonies was attributed to the growth of a democratic spirit which a debilitated Church had been powerless to check. British administrators consequently agreed that the dangerous development of republicanism and religious dissent might be thwarted in the remaining colonies by strengthening the position of the Church as the ally of government in the task of preserving colonial loyalty.

Pregnancy and the Constitution: The Uniqueness Trap

Abstract: This analysis of judicial responses to laws and practices that single out pregnant women for discriminatory treatment focuses on one of the most troublesome-the United States Supreme Court's ruling in Geduldig v. Aiello that because pregnancy is unique, discrimination on the basis of pregnancy is not discrimination on the basis of sex. The author argues that the reasoning behind the special constitutional protection extended to sex discrimination is particularly applicable in the case of pregnancy, and that the Court's reliance on the uniqueness of pregnancy reflects an incomplete understanding of one form of sex discrimination affecting all women.

An Overview of the Philippines

Abstract: On 23 September 19 72 President Marcos invoked martial law under the country's Constitution to meet what he termed "the threat of a violent overthrow of our Republic" and "to reform the social, economic and political institutions in our country." Simultaneously there was an almost total clampdown on the press, television and radio stations, and the mass arrest of prominent citizens, among them opposition politicians and publishers. The declaration of martial law was quickly followed by a number of vigorous measures aimed at controlling the possession of weapons and weeding out the corrupt and incompetent within the government service, and bringing certain basic industries and communications under state control. It is noteworthy that although the communist threat was the justification for martial law the initial measures of martial law rule could also be seen as having been aimed at breaking the power of the oligarchy such as the arms' ban, detention of political opponents, appropriation of private property, seizure of newspapers and the initial ban on foreign travel.

The Papers of John Marshall

Abstract: This twelfth volume of "The Papers of John Marshall" concludes the first scholarly annotated edition of the correspondence and papers of the great statesman and jurist. In providing an accessible documentary record of Marshall's life and legal career, this collection has become an invaluable scholarly resource for the study of American law and the Constitution in their formative stages. Volume XII covers the final years of Marshall's life, from January 1831 to his death in July 1835. It also includes an addendum of documents (mostly letters) from 1783 to 1829 that came to light after publication of their appropriate chronological volumes. More of Marshall's correspondence survives from his last years than from any other period of his life. Nullification, the Cherokee cases, the bank bill, the election of 1832, the anti-Masonic movement, slavery, and African colonization are among the topics that prompted Marshall's comments and reflections. Family letters provide intimate details of Marshall's 1831 operation for the removal of bladder stones, his companionate marriage to "dearest Polly" (who died at the end of 1831), and his relationships with his children and grandchildren. Judicial opinions published here in full include Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832). Major editorial notes set forth the background and circumstances of these celebrated cases.

Labour's Council of Action 1920:

Abstract: In August 1920 war between the Allied powers and Russia over the Polish question suddenly appeared imminent. Meeting in the House of Commons on 9 August, the Labour Party and the TUC warned the government that the 'whole industrial power of the organized workers' would be used to defeat it. A Council of Action was set up to take such steps as might be necessary to carry the meeting's decisions into effect. Four days later a special conference endorsed the formation of the Council and the threat of industrial action to stop the war. He had always been opposed to direct action, Jimmy Thomas explained, when the same result could be obtained through the ballot box. On this occasion, however, 'no Parliamentary means could do what we are asking you to do, and desperate as are our means, dangerous as they are, we believe that the disease is so desperate and dangerous that it is only desperate and dangerous methods that can provide a remedy'. The resolution upon which they had agreed was not a simple 'down tools' policy. 'It is nothing of the kind. If this resolution is to be given effect to it means a challenge to the whole Constitution of the country (Cheers).'l Indeed only the victory of the Polish forces in the field, the Fortnightly Review (June 1921) suggested, had 'miraculously saved this country from an attempt to introduce the Dictatorship of the Proletariat in accordance with the Russian precedent'. This paper will outline the composition and activity of the Council, and of the several hundred local Councils which

The Constitution of the Socialist Republic of the Union of Burma

Abstract: PREAMBLE CHAPTER I THE STATE CHAPTER II BASIC PRINCIPLES CHAPTER III STATE STRUCTURE CHAPTER III STATE STRUCTURE CHAPTER V COUNCIL OF STATE CHAPTER VI COUNCIL OF MINISTERS CHAPTER VII COUNCIL OF PEOPLE'S JUSTICES CHAPTER VIII COUNCIL OF PEOPLE'S ATTORNEYS CHAPTER IX COUNCIL OF PEOPLE'S INSPECTORS CHAPTER X PEOPLE'S COUNCILS CHAPTER XI FUNDAMENTAL RIGHTS AN DUTIES OF CITIZENS CHAPTER XII ELECTORAL SYSTEM CHAPTER XIII RECALL, RESIGNATION AND REPLACEMENT CHAPTER XIV STATE FLAG, STATE SEAL, NATIONAL ANTHEM, AND STATE CAPITAL CHAPTER XV AMENDMENT OF THE CONSTITUTION CHAPTER XVI GENERAL PROVISIONS