Showing papers on "Constitution published in 1983"
TL;DR: The People's Republic of China (PRC) as mentioned in this paper was the first country to achieve the goal of overthrowing the rule of imperialism, feudalism and bureaucrat capitalism in China.
Abstract: China is one of the countries with the longest histories in the world. The people of all nationalities in China have jointly created a splendid culture and have a glorious revolutionary tradition. Feudal China was gradually reduced after 1840 to a semi-colonial and semi-feudal country. The Chinese people waged wave upon wave of heroic struggles for national independence and liberation and for democracy and freedom. Great and earth-shaking historical changes have taken place in China in the 20th century. The Revolution of 1911, led by Dr Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. But the Chinese people had yet to fulfil their historical task of overthrowing imperialism and feudalism. After waging hard, protracted and tortuous struggles, armed and otherwise, the Chinese people of all nationalities led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat capitalism, won the great victory of the new-democratic revolution and founded the People's Republic of China. Thereupon the Chinese people took state power into their own hands and became masters of the country.
279 citations
TL;DR: The Canadian Charter as mentioned in this paper was adopted in 1982, influenced by the US Bill of Rights and the creation of the UN system to guarantee human rights and freedoms by writing them into a state's constitution.
Abstract: Can human rights and freedoms be guaranteed by writing them into a state's constitution? Adopted in 1982, the Canadian Charter— influenced by the US Bill of Rights and the creation of the UN system—aims to do just this. Judge Maxwell Cohen finds the Charter a quite coherent effort to state new ‘rights’ and restate old principles which gives judges a vital role in moulding public policy.
154 citations
TL;DR: The concept of the left-right continuum has been used for over 200 years as a means to order a cognitive map of political and ideological relationships as mentioned in this paper, and the concept of left and right have been widely used in political discourse.
Abstract: The concepts of left and right-or liberal and conservative in their American versions-are common terms in politics, in political discourse, and in political analysis. Their meaning, however, is multifaceted at best, elusive at worst, and-over time and across polities-quite divergent. The left-right continuum in politics has been used for 200 years as a means to order a cognitive map of political and ideological relationships. Right and left make sense only if you happen to be the king of France chairing the first joint meeting of the States General on May 5, 1789, or the second meeting on June 23. There the nobility took the place of honor to the king's right, and the representatives of the Third Estate were to the king's left. In August 1789 when the Aristocrats and the Patriots met at the Tuilleries to form the Constituent Assembly in order to write a constitution, it was the Patriots who sat to the left and the Aristocrats to the right of the speaker's tribune. It was on August 26 that this group voted the Declaration of the Rights of Man, a landmark of political thought and practice. Most often in political discourse the left-right continuum has been given economic meaning, referring to equality as opposed to inequality, government intervention as opposed to free enterprise, tolerance of change as opposed to adherence to the status quo. Political activists, commentators, and scientists have widened the scope of the terms to include the major issues of the day. Thus hawks and doves were labeled conservative and liberal in the United States, and similarly in Israel the hawks are right, the doves left. Issues such as divorce laws, abortion, foreign aid, and integration have also been subsumed under these headings. The concept of left-right or liberal-conservative has come to be regarded as an overall ideological dimension, as a kind of "superissue," as ideology. For political savants the continuum denotes ideological content; political scientists and elites use these terms more or less consistently to reflect the political and ideological realities of the time.
85 citations
Book•
01 Jan 1983
TL;DR: The two faces of politics as discussed by the authors are the two main faces of American politics: ideology and government, and the three faces of the American federalism: federalism, congressional, and presidential politics.
Abstract: The two faces of politics. Ideology and government. The constitution: rules of the political game. American federalism: eighty thousand governments. Mass media: images of American politiccs. Politics, parties and public opinion. Mediated elections. Interest-group politics. Congressional politics. Presidential politics. Presidential politics. Bureaucratic politics. The courts and civil liberties. The politics of civil rights. Appendix. Glossary. Name index. Subject index.
59 citations
Posted Content•
TL;DR: In particular, the authors pointed out that most of this research is by Americans, and so is based on assumptions about the political system that hold in few countries, such as the separation of powers between the executive and legislative branches of government, the special features of the American Constitution (especially the due process amendment).
Abstract: Since 1970, scholars in economics, law and political science have produced important new insights about the political causes of regulatory policies. Like much of the work in applied economics, research on the political economy of regulation normally addresses a specific policy question in a specific country, and hence, implicitly or explicitly, takes as given a particular set of political and economic institutions. Most of this research is by Americans, and so is based on assumptions about the political system that hold in few countries. Examples are the separation of powers between the executive and legislative branches of government, the special features of the American Constitution (especially the due process amendment), and the structure of the American legislative system. Consequently, the generalizability of this work is dubious.
58 citations
TL;DR: A formal analysis of the amending formula of Canada's Constitution Act, 1982 is presented in this article, where it is shown that larger provinces have greater voices in determining constitutional amendments, except that there are two groups of provinces within which power with respect to constitutional amendments is exactly equal.
Abstract: A formal analysis of the amending formula of Canada's Constitution Act, 1982 is presented. It is shown that larger provinces have greater voices in determining constitutional amendments, except that there are two groupings of provinces within which power with respect to constitutional amendments is exactly equal. Further, it is argued that differences in power among the provinces are disproportionately small in comparison to differences in population, so that the amending formula systematically directs greater influence to the individual citizens of smaller provinces.
58 citations
01 Mar 1983
TL;DR: The Canadian Charter of Rights and Freedoms (Charter) as mentioned in this paper was proposed by the same political leaders who were the Charter's chief sponsors, and it was the main rationale for placing the Charter at the top of the constitutional reform agenda.
Abstract: As we begin to perceive the effects of The Canadian Charter of Rights and
Freedoms, it is important to bear in mind the political purposes for making this
change in our Constitution. Two primary purposes can be indentified. For the
political leaders who were the Charter's chief sponsors, national unity, was the
main rationale for insisting on placing the Charter at the top of the constitutional reform agenda. The second purpose was the conviction that a Charter will better protect rights and freedoms. Belief in this purpose is the main explanation for widespread public support of the Charter.
National unity, it was thought, would be strengthened by the Charter's
symbolic effects and particrdarly by its provisions concerning mobility and language rights. An examination of these expectations suggests that they were
somewhat unrealistic. The Charter's most important unifying consequences will
more likely flow from a dimension of entrenching rights about which the Charter's political sponsors were, for the most part, silent-namely, the national policy making role the Supreme Court will assume as the final arbiter of the Charter.
In believing the second purpose, the Canadian public were victims of false
advertising. Fundamental rights and freedoms are not zero-sum entities which
citizens either possess in their entirety or not at all. In all liberal democracies,
limits are placed on the extent to which fundamental rights and freedoms are
enjoyed. The Charter's principle effect is to change the way in which decisions
about these limits are made. There is no guarantee that this new decision-making
system, in which judicial review plays a central role, will result in better or even in more liberal decisions about these limits. Now that the Charter is in force, Canadians must overcome the baby talk used to sell it and learn to address the potentialities of the Charter more realistically.
52 citations
48 citations
TL;DR: For example, Lippmann as discussed by the authors pointed out that America's attitude towards its multitude of ethnic groups follows the credo of Animal Farm, "All animals are equal, but some animals are more equal than others." Even when our laws have lived up to our ideals of ethnic equality, our folkways have been ethnocentric, replete with negative stereotypes, discrimination, and social exclusiveness.
Abstract: (S)tereotypes are loaded with preference, suffused with affection or dislike, attached to fears, lusts, strong wishes, pride, hope. Whatever invokes the stereotype is judged with the appropriate sentiment. Except where we deliberately keep prejudice in suspense, we do not study a man and judge him to be bad. We see a bad man. We see a dewy morn, a blushing maiden, a sainted priest, a humorless Englishman, a dangerous Red, a carefree bohemian, a lazy Hindu, a wily Oriental, a dreaming Slav, a volatile Irishman, a greedy Jew, a 100 percent American. -WALTER LIPPMANN, Public Opinion (1922) AMERICA'S attitude towards its multitude of ethnic groups follows the credo of Animal Farm, "All animals are equal, but some animals are more equal than others." We proclaimed that all men are created equal in the Declaration of Independence but recognized slavery in the Constitution, opened the golden door to the "huddled masses" but barred the entrance with national origin quotas and gentlemen's agreements, promised equal protection of the laws but in law and custom discriminated against minorities, and declared with Justice Harlan, "There is no caste here. Our Constitution is color-blind," but upheld Jim Crow laws. Even when our laws have lived up to our ideals of ethnic equality, our folkways have been ethnocentric, replete with negative stereotypes, discrimination, and social exclusiveness. Two main principles explain most of the variation in the social ordering of ethnic groups. First, race breaks ethnicities into two large distinct groups, Europeans and non-Europeans; there is virtually no overlap between these groups, with Europeans filling all the top and middle positions and non-Europeans making up the bottom third. Second, within the large European group, the period of predominant immigration orders ethnicities. At the top of the lists are the members of the old stock, host culture-the British and derivative WASPs who dominated the initial waves of colonial immigration, supplied the Founding Fathers, and established their culture and institutions as the cornerstone of American society. Next come the middle stock groups such as Germans, Irish, and Scandinavians who immigrated to America in the mid-nineteenth century, also largely from the northwest quadrant of Europe. They are followed by Europeans from the three remaining quadrants, the Italians, Greeks, Poles, Russians, and Jews who came to America in the late nineteenth and early twentieth
45 citations
Book•
01 Jan 1983
TL;DR: Part One: The Background 1 The Fall of James II Part Two: The Revolution Settlement 2 The change of Ruler 3 The Significance of the Change of Ruler 4 The Constitutional Settlement The Religious Settlement Part Three: The Post-Revolution Order 7 The Growth of the State 8 The Financial Revolution 9 Religion After Revolution 10 The Constitution: Crown and Parliament 11 The Law and Local Government 12 Parties and the Working of Politics 13 Scotland and Ireland Part Four: Documents Bibliography Index as mentioned in this paper
Abstract: Part One: The Background 1 The Fall of James II Part Two: The Revolution Settlement 2 The Change of Ruler 3 The Significance of the Change of Ruler 4 The Constitutional Settlement The Religious Settlement Part Three: The Post-Revolution Order 7 The Growth of the State 8 The Financial Revolution 9 Religion After Revolution 10 The Constitution: Crown and Parliament 11 The Law and Local Government 12 Parties and the Working of Politics 13 Scotland and Ireland Part Four: Documents Bibliography Index
TL;DR: In the final volume of the last volume of his magisterial Commentaries on the laws of England, Blackstone sketched the rise, progress, and gradual improvements of the law of England as discussed by the authors.
Abstract: In the final chapter of the final volume of his magisterial Commentaries on the laws of England, Sir William Blackstone sketched the’rise, progress, and gradual improvements of the laws of England’. Nearing the end of that chapter, he laid it down as his considered opinion ‘that the constitution of England had arrived to its full vigour, and the true balance between liberty and prerogative was happily established by law, in the reign of king Charles the second’. Now this is not a self-evident truth, for that reign is more likely to conjure up in our minds (along with Nell Gwynn and other not strictly legal relationships) unhappy visions of quo warranto proceedings against borough charters; the perjuries of Titus Oates; the double jeopardy of Stephen College; and Sir William Scroggs and Sir George Jeffreys blaspheming their undignified and brutal way through the pages of the State trials. Why should Blackstone have felt impelled to say such a patently silly thing?
TL;DR: Under the titular leadership of Ayatollah Khomaini, Iran is struggling to establish an Islamic republic, which is strongly believed by him and his followers to be the panacea for all the socioeconomic and political ills of Iran and, for that matter, the whole Islamic world as mentioned in this paper.
Abstract: Under the titular leadership of Ayatollah Khomaini, Iran is struggling to establish an Islamic republic. Such a system of government, based on an Islamic constitution and underpinned by Islamic laws which are “all-encompassing and complete,” is strongly believed by him and his followers to be the panacea for all the socioeconomic and political ills of Iran and, for that matter, the whole Islamic world.
Book•
01 Dec 1983
Journal Article•
TL;DR: In this article, the authors examine, from a constitutional perspective, the bases on which ability grouping and tracking might be challenged as barriers to equal educational opportunity and identify the concepts likely to influence both the character of a legal challenge to ability grouping, and the direction of the court's responses to such a challenge.
Abstract: Citing the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, the Warren Court in 1954 struck down the “separate butequal” concept of educational equity. In doing so, the court made two rulings with far-reaching consequences for the conduct of schooling in the United States. First, the separation of students by race was determined to be inherently unequal. Second, the court required that education be made available to all on equal terms.’ The impact of these rulings, especially in view of the changing notion of what constitutes equal educational opportunity and the vigor with which the judicial system has attempted to translate these concepts into practice, has been felt in nearly all areas of public education. It is likely, too, that aspects of educational practice not yet challenged on these grounds in the legal system will be subject to scrutiny by the courts in the future. It is also likely that many of these challenges will involve the distribution of educational resources and opportunities to various groups of students within schools rather than focusing only on between-school inequities. In view of the legal realities impinging on the conduct of education, ability grouping and tracking, which has already received some attention from the courts, will probably be subject to further legal action.* The purpose of this article is to examine, from a constitutional perspective, the bases on which ability grouping and tracking might be challenged as barriers to equal educational opportunity. Findings from educational research on ability grouping, commentary from law review journals, and the texts of cases themselves are included as a part of this inquiry into the direction such legal challenges might take. Three approaches are followed in the analyses of the legal literature. First, those concepts likely to influence both the character of a legal challenge to ability grouping and the direction of the court’s responses to such a challenge are identified. Second, those cases in which tracking has already been considered by the courts are examined to determine legal precedents for future court action. Third, cases that might be considered analogous-those dealing with related issues-are reviewed to identify legal approaches that might be adopted in a challenge to ability grouping and tracking.
Book•
01 Jan 1983
TL;DR: The history of coalition and minority governments in Britain since 1895 is described in this article, with a focus on the two-party system and its challengers. But it does not consider the role of women in the formation of a coalition.
Abstract: List of tables Acknowledgements Notes on sources Introduction Part I. Multi-party Politics: 1. The two-party system and its challengers 2. The Social Democratic Party and the Alliance 3. Multi-party politics and the electorate 4. Multi-party politics and the future Part II. The Constitutional Consequences: 5. Forming a government: the lessons of history 6. Forming a government: the rules of the game 7. Minority government 8. Coalition government Conclusion Appendix: Coalition and minority governments in Britain since 1895 Bibliographical note Index.
Journal Article•
TL;DR: In the early republic, the First Amendment with its free press clause and conferring a variety of postal privileges on newspapers was proposed by the authors of the Bill of Rights and the First National Convention as mentioned in this paper.
Abstract: Shortly after the ratification of the Constitution, Congress took two steps that underscored the importance of disseminating information in the early republic proposing the First Amendment with its free press clause and conferring a variety of postal privileges on newspapers.* While the former promised that the federal government would not restrict press freedoms, the latter committed the nation's resources to forge, through a joint venture with private publishers, a system of mass communication indispensable for a growing nation. For the first quarter of a century under the Constitution, the commitment to promote the circulation of news through the mails stood virtually unchallenged. Even contending political factions generally supported the policy of preferential rates for newspapers. Both Federalists and Republicans believed that the same policy low newspaper postage advanced their political goals. Federalists assumed that the widespread circulation of news and political discourse buttressed a strong central government by fostering nationalism and promoting party cohesion. Federalists recognized, too, that their partisans occupied most postmasterships and their newspapers had the wherewithal to make aggressive use of the mails. At the same time, Republicans hoped that their party papers carried inexpensively through the mails would inform constituents of Federalist abuses.
Book•
01 Jan 1983
TL;DR: A review of the Canadian Human Rights Act can be found in this article, with a focus on the provision of the right to die and the right of people with disabilities to die.
Abstract: Chapter One: Euthanasia Introduction Rodriquez v. British Columbia (Attorney General). Supreme Court of Canada. September 30, 1993 - Justice A. Lamer, Justice J. Sopinka Legalizing Euthanasia: Why Now? - Margaret A. Somerville Active and Passive Euthanasia - James RachelsThe Right to Die - Patrick Nowell-Smith Discounted Lives? Weighing Disability When Measuring Health and Ruling on 'Compassionate' Murder - Melanie Rock Suggestions for Further Reading Chapter Two: Abortion and Reproductive Technologies Introduction Dr. Henry Morgentaler v. Her Majesty the Queen. Supreme Court of Canada. 1988 - Justice Bertha Wilson, Justice Wm. R. McIntyre Abortion and the Concept of a Person - Jane English The Beginning of Personhood: The Thomistic Biological Analysis - Jason T. Eberl Abortion Through a Feminist Ethics Lens - Susan Sherwin Bioethics for Clinicians: 26. Assisted Reproductive Technologies - Laura Shanner, Jeffrey Nisker Bill C-13: An Act Respecting Assisted Human Reproduction, October 9, 2002 (First Reading) Suggestions for Further Reading Chapter Three: Capital Punishment Introduction United States vs. Burns, Supreme Court of Canada, 2001 (2001 SCC 7) Speech in Favour of Capital Punishment (1868) - John Stuart Mill Does Capital Punishment Deter Homicide?: A Case Study of Epistemological Objectivity - Rosalind S. Simson Retributivism and the Death Penalty - Alan Brudner Suggestions for further readings Chapter Four: Pornography Introduction Donald Victor Butler v. Her Majesty the Queen. Supreme Court of Canada. February 27, 1992 - Justice J. Sopinka Pornography, Censorship, and Obscenity Law in Canada - Leo Groarke Sexual Equality and the Problem of an Adequate Moral Theory: The Poverty of Liberalism - Lorenne Clark XXX: A Woman's Right to Pornography - Wendy McElroy Caught in the Web: Sexual Fantasizing, Character, and Cyberpornography - Sue Dwyer Suggestions for Further Reading Chapter Five: Equality and Discrimination Introduction Canadian Human Rights Act. R.S., 1985, c. H-6 May, 2000 Promoting Equality: A New Vision. (2000) Excerpts from Chapters 1, 2, and 3 of "A review of the Canadian Human Rights Act". Race and Crime - The Toronto Star, October 20, 2002. White Privilege and Male Privilege - Peggy McIntosh (1988) Sexism - Marilyn Frye Why Liberals Should Support Same Sex Marriage - Adrian Alex Wellington Disability and Equality - Jerome E. Bickenbach Suggestions for Further Reading Chapter Six: Aboriginal Rights Introduction Rights of the Aboriginal Peoples of Canada (The Constitution Act of 1982 - Section 35) Remarks on Indian Aboriginal and Treaty Rights - P.E. Trudeau Canadian History: An Aboriginal Perspective - George Erasmas and Joe Saunders The Organic Constitution: Aboriginal Peoples and the Evolution of Canada - Brian Slattery Aboriginal Rights - Michael McDonald Aboriginal Rights and the Problem of Ownership - David Gauthier Aboriginal Land Rights in Northern Canada - J.T. Stevenson Suggestions for Further Reading Chapter Seven: Poverty Introduction International Covenant on Economic, Social and Cultural Rights - United Nations Excerpt from "Freedom from Want" from We The Peoples: The Role of the United Nations in the 21st Century - United Nations. (Kofi Annan, Secretary General) 2000. Rags and Riches: Wealth Inequality in Canada (Chapter One) - Steve Kerstetter Rewriting the Charter at 20 or Reading it Right: The Challenge of Poverty and Homelessness in Canada - Bruce Porter Gosselin v. Quebec (Attorney General) Supreme Court 2002 SCC 84. File No.: 27418, Dec. 19, 2002 Poverty and Global Justice - Christine M. Koggel Property and Hunger - Amartya Sen Suggestions for Further Reading Chapter Eight: Environmental Ethics Introduction Canada: New World Without Revolution - Northrop Frye Duties Concerning Islands - Mary Midgley Honey Dribbles Down Your Fur - Tom Regan Against Animal Rights - Jan Narveson - 15.5 Ethics of Wastes: The Case of the Nuclear Fuel Cycle - Andrew Brook Suggestions for further reading Chapter Nine: Business Ethics and Social Responsibility Introduction Human Rights and Business Ethics: Fashioning a New Social Contract - Wesley Cragg International Code of Ethics for Canadian Business The UN Global Compact Principles - At: http://unglobalcompact.org Investors, Codes and Corporate Responsibility - Craig Mackenzie The New Corporate Accountability - Doreen McBarnet Professionalism and Responsibility in the Technological Society - Conrad G. Brunk Suggestions for Further Readings Chapter Ten: War, Terrorism and the War Against Terror: The Ethical Dimensions of International Conflict Introduction Just War or A Just War? - Jimmy Carter Speech by Tony Blair: Glasgow (February 15, 2003) Of Drunken Cowboys and Arabian Knights: Weighing the Morality of a War Against Iraq - Mohamad Bydon Friends Disunited (March 23, 2003) - Michael Ignatieff The Logic of War - Trudy Govier Pacifism: A Philosophical Analysis - Jan Narveson Is Pacifism Morally Coherent? - Conrad Brunk Suggestions for Further Reading Chapter Eleven: Tools and Theories Introduction The Categorical Imperative - Immanuel Kant Utilitarianism - J. S. Mill Relativism - David B. Wong The Need for More than Justice - Annette C. Baier Suggestions for Further Reading Notes on the Contributors
TL;DR: One of the significant innovations of the new Constitution is the inclusion of a chapter on Fundamental Objectives and Directive Principles of State Policy as discussed by the authors, which is of special relevance to the Nigerian polity whose cardinal features are "hetereogeneity of the society, the increasing gap between the rich and the poor, the growing cleavage between the social groupings, all of which combine to confuse the nation and bedevil the concerted march to orderly progress".
Abstract: ONE of the significant innovations of the new Constitution is the inclusion of a chapter on Fundamental Objectives and Directive Principles of State Policy. Because of the novelty of that chapter, the Constitution Drafting Committee (hereafter called the CDC) considered it expedient to define what it means by "fundamental objectives" and "directive principles". According to the CDC: "By Fundamental Objectives we refer to the identification of the ultimate objectives of the Nation whilst Directive Principles of State Policy indicate the paths which lead to those objectives. Fundamental Objectives are ideals towards which the Nation is expected to strive whilst Directive Principles lay down the policies which are expected to be pursued in the efforts of the Nation to realise the national ideals." ' The rationale for embodying these Fundamental Objectives and Directive Principles in the Constitution, according to the CDC, is that "Governments in developing countries have tended to be pre-occupied with power and its material perquisites" with scant regard for "political ideas as to how society can be organised and ruled to the best advantage of all". 2 That rationale is of special relevance to the Nigerian polity whose cardinal features are "hetereogeneity of the society, the increasing gap between the rich and the poor, the growing cleavage between the social groupings, all of which combine to confuse the nation and bedevil the concerted march to orderly progress". 3 Nigeria's multiethnicity and heterogeneity dictated the federal option in the first instance. Contemptuous disregard of the Federal Constitution of 1963 and flagrant violations of its fundamental guarantees resulted in what has aptly been described as the bloody holocaust which brought the nation to the edge of the precipice. The significance of the 1979 Constitution is that it is an essay on a new political contract. The Fundamental Objectives and Directive Principles of State Policy as contained in Chapter II of the Constitution embody the philosophy that animates this new contract:
TL;DR: The authors examines the changes in First Amendment protection afforded public employee speech after the landmark 1968 Supreme Court decision in Pickering v Board of Education and the assumptions about organizational communication which undergird those changes.
Abstract: This article examines the changes in First Amendment protection afforded public employee speech after the landmark 1968 Supreme Court decision in Pickering v Board of Education and the assumptions about organizational communication which undergird those changes After examining over 200 appellate cases since Pickering with specific focus on the interests at stake, the means by which the courts are attempting to balance the competing interests, and the standards which an employee must meet to prove that she/he was punished in retaliation for speech, the author concludes that the use of the ad hoc balancing approach leads to inconsistencies and that free speech in public organizations is unnecessarily more limited than free speech in society at large