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Showing papers on "Constitution published in 1989"


Journal ArticleDOI
TL;DR: In this paper, the interdependence of political and economic institutions is examined against premises in neoclassical theories of economies, which maintain that population and savings are the principal determinants of economic growth.

721 citations



Book ChapterDOI
TL;DR: The main endeavor of the Court of Justice has precisely been to remove or reduce the differences just mentioned as discussed by the authors, and the Court has sought to "constitutionalize" the Treaty, to fashion a constitutional framework for a quasi-federal structure in Europe.
Abstract: The main endeavor of the Court of Justice has precisely been to remove or reduce the differences just mentioned. In other words, the Court has sought to "constitutionalize" the Treaty, to fashion a constitutional framework for a quasi-federal structure in Europe. The Court is likely to extend the area of problems it feels should be solved by the political institutions, but in other areas it will undoubtedly go on feeling that it can, or rather must, exercise guidance. There are essentially two such areas. The first includes a number of issues the Council is obliged or empowered to regulate under the Treaty but did not regulate on purpose, so as to avoid for as long as possible their adjustment to Community criteria. The second area is a result of the Single Act. The words of Article 8a have by now rung all over the world.

191 citations


Journal ArticleDOI
TL;DR: According to an image widely circulated by U.S. Government spokespeople, El Salvador represents the best example of the "new Latin American democracies" that have emerged during the last decade, particularly in the Central American region, with the exception of Nicaragua.
Abstract: According to an image widely circulated by U.S. Government spokespeople, El Salvador represents the best example of the "new Latin American democracies" that have emerged during the last decade, particularly in the Central American region, with the exception of Nicaragua. In support of this statement, the following points are made: 1. The Salvadoran Government was chosen in free elections, in accordance with a democratic constitution. 2. There is a growing respect for human rights among the country's population. According to the U.S. Government, 80% of the human rights violations that still occur are committed by the rebels. 3. The Salvadoran army has become increasingly professional and submits to civilian control. 4. Although there are still a few problems, for example, in the functioning of the judicial system, to a large extent this should be attributed to the situation created by the Marxist-Leninist groups practicing violent terrorism with support from Cuba and Nicaragua. Regrettably, this image of the country reflects little, if anything, of the real situation of El Salvador. The democratic character of a government does not depend- at least not solely- on the way in which it is elected, but rather on the forces that determine its day-to-day conduct.

90 citations


Book
23 Feb 1989
TL;DR: The second edition has been substantially revised to describe how government works -and how it can be altered as mentioned in this paper, and how the voter can make his or her point of view known.
Abstract: This book is about the exercise of power in the New Zealand government, and its second edition has been substantially revised to describe how government works - and how it can be altered. It describes how laws are made; how parliament works; what MPs and Ministers do; what the Governor-General does; how the electoral system works; how to make a submission to a select committee; how the voter can make his or her point of view known; how democratic New Zealand really is. For ten years prior to entering Parliament the author was Professor of Law, first in the United States and then at Victoria University, Wellington. Readership: constitutional lawyers, political scientists, especially those interested in the constitution of New Zealand, or in Commonwealth governments.

89 citations


Book
28 Mar 1989
TL;DR: In this article, after revisionism, after Revisionism Richard Cust and Ann Hughes, and after the English Civil War, the structure of prejudice and anti-poverty was discussed.
Abstract: List of abbreviations. Preface. 1. Introduction: after Revisionism Richard Cust and Ann Hughes. 2. Ideology, property and the constitution Johann Sommerville. 3. Anti-poverty: the structure of prejudice Peter Lake. 4. England and the Spanish Match Thomas Cogswell. 5. Politics and the electorate in the 1620s Richard Cust. 6. Court policies of the 1630s Andrew Foster. 7. Church policies of the 1630s Andrew Foster. 8. Local history of the origins of the Civil War Ann Hughes. Suggestions of further reading. Notes on contributors. Index

78 citations


Journal ArticleDOI
TL;DR: In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other as mentioned in this paper.
Abstract: In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other.

68 citations


Book
01 Jan 1989
TL;DR: In this paper, the authors provide a critical and analytical commentary on the major macro-level developments of the 1980s in Australian industrial relations, including the introduction of the Howard government's wage indexation scheme, and the subsequent introduction of a two-tiered system.
Abstract: Australian Industrial Relations in the Eighties provides a critical and analytical commentary on the major macro-level developments of the 1980s It examines the centralized wage determination system known as wage indexation at the beginning of the decade, its demise in 1981, the operation of decentralized wage determination in 1981 and 1982, and the Fraser government's wages freeze introduced in late 1982 The book then examines the corporatist or consensus policies associated with the election of the Hawke government in March 1983 Information is presented on the Accord negotiated between the ALP and ACTU, the April 1983 National Economic Summit Conference and the subsequent reintroduction of wage indexation When the July 1985 Taxation Summit failed to reach agreement on taxation reform, the economy experienced major balance of payments problems Fears associated with Australia becoming a 'banana republic' led to the negotiation of the Accord Mark II, the demise of the second wage indexation experiment and the eventual introduction of a two-tiered system in March 1987 The meaning of reform is examined, and a detailed account of the 1985 Hancock Report is presented The 'New Right' have advocated a policy of management militancy and an associated need to take on, if not destroy, unions and industrial tribunals Their ideas concerning 'The Club', common law actions, the role of industrial tribunals and markets are presented and examined Details of the ill-fated 1987 Industrial Relations Bill are presented, as well as the Trade Development Council/ACTU document Australia Reconstructed with its Swedish-style corporatist blueprint for Australia, and proposals concerning industrial relations changes to the Australian Constitution recommended by a Constitutional Commission

66 citations


Journal ArticleDOI
TL;DR: In the United States Congress, between 1810 and 1825, the two houses of the legislative branch underwent dramatic and lasting transformations in their organizational arrangements as mentioned in this paper, and by 1825 each chamber had a fully developed system of standing committees which have dominated its procedures to the present time.
Abstract: By the 1820s the federal government of the United States had begun to assume a form we would recognize today. In Washington the experiment in government under the Constitution was swiftly becoming enshrined in mature institutions, the most important of which was probably the Congress. Between 1810 and 1825 the two houses of the legislative branch underwent dramatic and lasting transformations in their organizational arrangements. In 1810 the House had a modest system of standing committees; the Senate had no such system at all. During the next 15 years the House steadily expanded its system, while the Senate produced one in a single fell swoop. By 1825 each chamber had a fully developed system of standing committees which have dominated its procedures to the present time. This paper documents these developments and seeks to account for them by explanations rational choice and organization theory. By the 1820s the federal government of the United States had begun to assume a form we would recognize today. Mass political parties slowly started to coalesce; the selection of the president became a national election; and the vote was extended to virtually all white males (and, in parts of the North, to free blacks as well). In Washington the experiment in government under the Constitution was swiftly becoming enshrined in mature institutions, the most important of which was probably the United States Congress. Between 1810 and 1825-essentially from the War of 1812 and the dissolution of the first party system to the dawn of the second party system-the two houses of the legislative branch developed lasting organizational arrangements and practices. Henry Clay, who sat in the House for most of that period, made the Speakership an important and powerful office. And, in both the House and the Senate, a system of standing committees was established. That system, which has ever since dominated the business of both chambers, was only employed piecemeal by the House as late as 1810 and was not employed at all at that time by the Senate. Yet by

62 citations



Journal ArticleDOI
01 Jan 1989-Albion
TL;DR: G. H. Guttridge, for example, in his English Whiggism and the American Revolution (1942) well understood the differences between the Toryism of the early part of George III's reign and that of the earlier century.
Abstract: “And now the new system of government came into being. For the first time since the accession of the House of Hanover, the Tory party was in the ascendant.” So wrote Lord Macaulay concerning the early years of George III's reign. In Macaulay's essay on the earl of Chatham one can find all the elements of the Whig myth of the reign of George III. Most of these ideas have been safely laid to rest by Sir Lewis Namier and modern research; we now know that there was neither a new system of government at the accession of the king nor anything resembling a Tory party. George III was not the tyrant depicted in the Declaration of Independence, there was no plot in the imagined cabinet of “king's friends” to overthrow the constitution, and when, with respect to the colonies, the king declared that he would abide by the decision of his Parliament, he was taking a stand on the side of Whig principles and the Revolution Settlement. One element in the putative resurgence of Toryism that Macaulay and other Whig historians emphasized was High-Anglican political theology. G. H. Guttridge, for example, in his English Whiggism and the American Revolution (1942) well understood the differences between the Toryism of the period of the American Revolution and that of the earlier century. Tories had come to accept the Revolution Settlement, the Hanoverian succession, and even “a modicum of religious toleration.” But if they had lost the bloom of monarchical sentiment, they retained the concept of a state unified above sectional and party interests. Guttridge's formulas were admittedly too simplistic and they justly invited criticism, but one of the overlooked merits of his work was that he located the continuity of conservative thought in its religious aspect. He observed that, “Standing for the two great Tory principles, national unity and a religious sanction for the established order, the Church of England was the central institution of Toryism—the state in its religious aspect, and the divine principle in monarchical government.” The demolition of the Whig interpretation, however, has resulted in a thorough-going neglect of political discourse, and several notable examples of this deconstruction bear directly upon Anglican political thought. In his introduction to the History of Parliament John Brooke wrote that during the American Revolution the Anglican clergy in England had no specific attitude toward the war or any other aspect of government policy. When the reprint of G. H. Guttridge's essay appeared in 1963, Ian Christie wrote a vigorous rebuttal to the idea of a revival of Toryism in the early part of George III's reign without a single reference to the Anglican Church.

Posted Content
TL;DR: McGuire and Ohsfeldt as mentioned in this paper presented a principalagent model and econometric tests of voting behavior during the ratification of the United States Constitution at the 13 state conventions.
Abstract: Two hundred years ago the United States Constitution replaced the Articles of Confederation as the fundamental law of the land when New Hampshire became the ninth state to ratify the Constitution on June 21, 1788. The document represented the successful culmination of a movement to strengthen the national government. Scholars long have debated the possible causes for this important change in political institutions (see James Hutson, 1984), a change which was to have major consequences for the development of the nation (Douglass North, 1981, ch. 14). Despite the intense debate, few scholars have either offered any theoretical model of the delegates' voting behavior or employed formal statistical analysis to test their hypotheses about voting behavior at the 13 state ratifying conventions. These omissions are surprising, particularly since Charles A. Beard (1913) long ago stated that the contest over ratification represented the ultimate test of the role of economic interests in the making of the Constitution, a test he never conducted. Given the recent interest exhibited by economists in explaining political behavior, the absence of a rigorous analysis of voting at the 13 ratifying conventions is even more surprising. Economists and economic historians have all but ignored the ratification process. In a progress report on our study of the making of the Constitution, we (Robert McGuire and Robert Ohsfeldt, 1984) recently provided a tentative theoretical model and summarized preliminary indications, drawn from incomplete data, of delegates' voting behavior during the drafting and ratification of the Constitution. More recently, we (McGuire and Ohsfeldt, 1986; McGuire, 1988) presented the final results of our econometric studies of the voting behavior during the drafting of the Constitution at the Federal Convention of 1787. In the present paper, we offer a principalagent model and econometric tests of voting behavior during the ratification of the Constitution at the 13 state conventions. An analysis of voting at the ratification stage allows for a stronger test of the factors influencing voting behavior than an analysis of the Federal Convention of 1787, because of a greater number of delegates (over 1200 versus 55) and a more straightforward voting process.' The paper not only addresses an important and controversial issue in economic history (the role of economic interests in the ratification of the Constitution), it also advances our general understanding of polit-

Journal ArticleDOI
TL;DR: The concept of local government constitutions was introduced in the United States in the early 1970s as discussed by the authors, which can best be understood by reference to the concept of a local government constitution.
Abstract: Metropolitan governance in most metropolitan areas of the United States can best be understood by reference to the concept of a "local government constitution." A local government constitution is f...

Book
01 Jan 1989
TL;DR: In this paper, the authors discuss the social and economic context of British politics since the war, and the changing British Constitution and its effect on British political culture and its role in the UK's political process.
Abstract: PART I THE CONTEXT OF BRITISH POLITICS - What is Politics? - British Politics Since the War - The Social and Economic Context - Political Culture - Ideology and Politics - PART II INSTITUTIONS AND THE POLITICAL PROCESS - The Changing British Constitution - Britain and the European Union - Prime Minister and Cabinet - Ministers, Departments and the Civil Service - Quasi-Government - Local Government - Parliament - Political Parties - Voting Behaviour and Elections - Pressure Groups - Mass Media - Politics, the Courts and Redress - The Secret State - PART III ISSUES AND POLICIES - The Policy Process - Management of the Economy - Education - Health - Housing - Inequality in Britain - The Unions, Unemployment and Industrial Relations - Ethnic Minority Politics - Women, Inequality and Politics - Politics and the Environment - Northern Ireland - Foreign and Defence Policy - The Politics of Law and Order - PART IV ANALYSING BRITISH POLITICS - Power in Britain - From Thatcher to Major

Journal ArticleDOI
TL;DR: The authors showed that Canada's legal environment is more pro-union due to systematic national differences in party systems and constitutions, versus the U.S.'s separation of powers, more nationalized polity, and absence of a social democratic party.
Abstract: This article shows that structural political and legal factors, better than cultural or economic ones, explain why Canada's workforce is twice as unionized as that of the United States. Its main argument demonstrates that Canada's legal environment is more pro-union due to systematic national differences in party systems and constitutions—i.e., the presence of a social-democratic party and a federalized and parliamentary constitution, versus the U.S.'s separation of powers, more nationalized polity, and absence of a social democratic party.


Book ChapterDOI
01 Jan 1989
TL;DR: Ordo-liberalism stands for a doctrine of economic policy, one might even say of social philosophy; this doctrine has been defined by economists and some jurists like Walter Eucken, Franz Bohm, Alfred Muller-Armack, Leonhard Miksch, Wilhelm Ropke, Alexander Rustow and others as mentioned in this paper.
Abstract: Ordo-liberalism stands for a doctrine of economic policy, one might even say of social philosophy; this doctrine has been defined by economists and some jurists like Walter Eucken, Franz Bohm, Alfred Muller-Armack, Leonhard Miksch, Wilhelm Ropke, Alexander Rustow and others.1 Its significance is based less on the novelty of the elements or the overall perspective than on its decisive influence on the unfolding of the social market economy after World War II in the Federal Republic of Germany. That influence was introduced into politics particularly by Ludwig Erhard. He was first the Director of Economic Administration in the unified American-British zones of occupation and later Minister for Economic Affairs during the first fourteen years of the Federal Republic of Germany. The influence of Ordo-liberalism still persists. It can be found also in the founding treaties of the European Economic Community and thereby in an international legal system with characteristics similar to a constitution.



Book
25 Sep 1989
TL;DR: For example, the authors argues that the accepted view of "Marbury" is ahistorical and emerges from nearly a century of misinterpretation both by historians and by legal scholars.
Abstract: Few Supreme Court decisions are as well known or loom as large in our nation's history as "Marbury v. Madison." The 1803 decision is widely viewed as having established the doctrine of judicial review, which permits the Court to overturn acts of Congress that violate the Constitution; moreover, such judicial decisions are final, not subject to further appeal. Robert Clinton contends that few decisions have been more misunderstood, or misused, in the debates over judicial review. He argues that the accepted view of "Marbury" is ahistorical and emerges from nearly a century of misinterpretation both by historians and by legal scholars. "This book is without doubt one of the half dozen recent works that will be central to the scholarly dispute about judicial review." "Political Science Quarterly." "Clinton offers a resounding correction of the prevailing orthodoxy on the "Marbury" case that has dominated scholarship in law, history, and political science for roughly the last century. . . . If he contended only 'that Marbury was not a political decision but was based on sound constitutional doctrine and existing legal precedent', this book would still make a quite valuable contribution to the literature. . . . But there is more: the constitutional doctrine and legal precedents Clinton has rediscovered, in which the Marbury ruling is firmly grounded, reveal judicial review to be . . . of profoundly narrower scope than is admitted today by right or left, by originalists or nonoriginalists. . . . Clinton has done [much] to blow away a good deal of fog surrounding Marshall, Marbury, and the scope of judicial power." "Review of Politics." "Every student of judicial review should read this book. Even those who disagree with its main thesis will find it very stimulating." Christopher Wolfe, author of "The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law." "An important book. Clinton's new and unorthodox look at Marbury v. Madison is interesting, provocative, and controversial. He presents clearly, forcefully, and persuasively a great amount of evidence to support his thesis." "Social Science Quarterly." "Clinton's reconstruction of the legal academicians' wrangling over Marbury makes delightful reading. . . . He is witty, subtle, and makes points with great deftness." "William and Mary Quarterly." "A coherent, provocative, and welcome challenge to the liberal-Progressive interpretation of judicial review." "Journal of American History.""

Book
01 Jan 1989
TL;DR: The debate over internal constitutional change took place at a time when many people were concerned about relations between Great Britain and the self-governing colonies as discussed by the authors, and politicians and publicists devoted considerable energy and attention to the notions of "home rule all round," "devolution," and "federalism" as possible means of resolving the urgent political, administrative, and constitutional issues confronting the United Kingdom.
Abstract: The debate over internal constitutional change took place at a time when many people were concerned about relations between Great Britain and the self-governing colonies. The issue of Imperial federation was continuously and exhaustively discussed and promoted from the late 1860s through World War I. The waters became so muddied that at times it has been difficult to separate arguments for closer imperial union from proposals for internal decentralization. Kendle comments extensively on this confusion. During the fifty years from the early 1870s to the establishment of the Irish Free State in 1922, politicians and publicists devoted considerable energy and attention to the notions of "home rule all round," "devolution," and "federalism" as possible means of resolving the urgent political, administrative, and constitutional issues confronting the United Kingdom. The increasing complexity of government business, the gathering forces of ethnic nationalism in Ireland, Scotland, and Wales, and concern with maintaining and strengthening the role of the parliament at Westminister in imperial affairs combined to keep the possibility of decentralization at the forefront of political and public debate. Kendle explores and analyzes the motives and attitudes of participants in this debate and looks at the schemes and proposals that resulted from this power struggle. Ireland and the Federal Solution gives a lucid appraisal of what was meant at the time by the terms "federalism," "home rule all round," and "devolution" and evaluates how firmly the participants grasped the constitutional similarities and differences between existing federal systems.




Book
01 Jan 1989
TL;DR: A Provincial World, 1713-1763: 1. Institutions: towns, countries and class 2. Economy: class, property, credit and the Land Bank 3. Awakening: orthodoxy, dissent, and a new social architecture 4. The Revolution, 1763-1789: 5. The popular gentry and the revolutionary crisis 6. The Baptists and the constitution 7. In the New Nation, 1789-1861: 8. Party spirit 9. Insurgencies 10.
Abstract: List of illustrations and tables Preface Abbreviations used in the footnotes Prologue Part I. A Provincial World, 1713-1763: 1. Institutions: towns, countries and class 2. Economy: class, property, credit, and the Land Bank 3. Awakening: orthodoxy, dissent, and a new social architecture 4. Politics: from popular insurgency to Shirley's consensus Part II. The Revolution, 1763-1789: 5. The popular gentry and the revolutionary crisis 6. The Baptists and the constitution 7. Conventions, regulation, and antifederalism Part III. In the New Nation, 1789-1861: 8. Party spirit 9. Economic transformation 10. Insurgencies 11. Antislavery Epilogue Appendices Index.


Book
23 Oct 1989
TL;DR: In this article, Reid argues that the controversy which led to the American Revolution had more to do with jurisprudential and constitutional principles than with democracy and equality, arguing that the sole and critical exception concerned the right of representation.
Abstract: "Americans did not rebel from Great Britain because they wanted a different government. They rebelled because they believed that Parliament was violating constitutional precepts. Colonial Whigs did not fight for American rights. They fought for English rights." from the Preface John Phillip Reid goes on to argue that it was generally the application, not the definition, of these rights that was disputed. The sole and critical exception concerned the right of representation. American perceptions of the responsibility of representatives to their constituents, the necessity of equal representation, and the constitutional function of consent had diverged gradually, but significantly, from British tradition. Drawing on his mastery of eighteenth-century legal thought, Reid explores the origins and shifting meanings of representation, consent, arbitrary rule, and constitution. He demonstrates that the controversy which led to the American Revolution had more to do with jurisprudential and constitutional principles than with democracy and equality. This book will interest legal historians, Constitutional scholars, and political theorists."

Book
14 Dec 1989
TL;DR: Richards as mentioned in this paper argues that understanding the intent of the Founders is essential to the legal interpretation of the United States Constitution, and he makes common cause with conservative constitutional theorists, but he arrives at conclusions that differ radically from theirs.
Abstract: David Richards here argues the position that understanding the intent of the Founders is essential to the legal interpretation of the United States Constitution. To this extent he makes common cause with conservative constitutional theorists, but he arrives at conclusions that differ radically from theirs. Indeed, his stated project here is to `reclaim' the Founders intent on behalf of the liberal humanist tradition they embodied. Richards examines the role of the Founders' understanding of history, philosophy, political theory, and political science in the evolution of their constitutional design. In his reconstruction, the Constitution emerges as a brilliant expression of European humanist and critical thought, shaped by such influences as the political ideas of Machiavelli, Harrington, Montesquieu, and Hume, the Lockean theory of legitimate government, and the common law model of interpretive practice. Armed with this new understanding of the Founders' intent, Richards is able to fully develop the methodology of constitutional interpretation sketched in his earlier book, TOLERATION AND THE CONSTITUTION (OUP 1986), and uses it effectively to defend a liberal reading of constitutional guarantees of individual rights.


Book ChapterDOI
01 Apr 1989
TL;DR: In this article, Mitani showed that the success and failures of party politicians in amassing political influence were predicated on the development of a political culture in late Tokugawa and Meiji Japan that supported the proposition that those with a demonstrated practical ability to govern should be given the reins of political power.
Abstract: INTRODUCTION As Taichirō Mitani showed in Chapter 2, Japan's conservative political parties (kisei seitō) surmounted the obstacles to parliamentary influence in the Meiji constitution and during the 1920s occupied a prominent position in both the lower house of the Diet and the cabinet. From 1924 to 1932, the two conservative parties monopolized the premiership and extended their influence among other political elite groups. Between 1932 and 1940, however, party influence declined swiftly and steeply. In its wake, the opinions of administrative specialists in the civilian and military bureaucracies, joined by the views of a newly emergent business elite, became paramount in the determination of Japan's foreign and domestic policies. Ironically, both the successes and failures of party politicians in amassing political influence were predicated on the development of a political culture in late Tokugawa and Meiji Japan that supported the proposition that those with a demonstrated practical ability to govern should be given the reins of political power. This conviction was first manifested in the bakumatsu era, when the muffled ideological tensions erupted between the hereditary principle of power transfer and the Confucian concept of “rule by the talented.” The leaders of the Meiji Restoration also believed in the principle of meritocracy. They recruited talented young followers into their personal political factions (hanbatsu) and established institutions of higher learning (Tokyo Imperial University, the Army and Navy war colleges) to teach future leaders the expertise requisite to Japan's survival in the modern world. By 1910, these institutions had become the primary sources for the nation's civilian and military administrative leaders.