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Showing papers on "Constitution published in 2001"


Book
01 Mar 2001
TL;DR: A Brief History of Constitutions of International Society in the West 28 FOUR How Revolutions in Ideas Bring Revolutions In Sovereignty 46 Part Two: The FOUNDing of the SoVEREIGN States System at WESTPHALIA 73 FIVE The Origin of Westphalia as Origin 75 SIX The Power of Protestant Propositions 123 Part Three: The ReVOLUTION of Colonial InDEPENDENCE: The GLOBAL EXPANSION OF WESTphalia 151 EIGHT Ideas and the End of Empire 153 NINE The End of the British
Abstract: TABLES AND FIGURES ix PREFACE xi PART ONE: REVOLUTIONS IN SOVEREIGNTY 1 ONE Introduction: Revolutions in Sovereignty 3 TWO The Constitution of International Society 11 THREE A Brief History of Constitutions of International Society in the West 28 FOUR How Revolutions in Ideas Bring Revolutions in Sovereignty 46 PART TWO: THE FOUNDING OF THE SOVEREIGN STATES SYSTEM AT WESTPHALIA 73 FIVE Westphalia as Origin 75 SIX The Origin of Westphalia 97 SEVEN The Power of Protestant Propositions 123 PART THREE: THE REVOLUTION OF COLONIAL INDEPENDENCE: THE GLOBAL EXPANSION OF WESTPHALIA 151 EIGHT Ideas and the End of Empire 153 NINE The End of the British Empire: Cashing Out the Promise of Self-Government 168 TEN Revolutionary Ideas in the British Colonies 190 ELEVEN Britain's Burden of Empire 203 TWELVE The Fall of Greater France 220 PART FOUR: THE REVOLUTIONS CONSIDERED TOGETHER 251 THIRTEEN Conclusion: Two Revolutions, One Movement 253 NOTES 263 BIBLIOGRAPHY 309 INDEX 331

332 citations


Book
01 Jan 2001
TL;DR: Dahl as mentioned in this paper argues that the legitimacy of the American Constitution derives solely from its utility as an instrument of democratic governance, and argues that due to the context in which it was conceived, the constitution came to incorporate significant antidemocratic elements.
Abstract: In this provocative work, an American political scientist poses the question, "Why should we uphold our constitution?". The vast majority of Americans venerate the American Constitution and the principles it embodies, but many also worry that the United States has fallen behind other nations on crucial democratic issues, including economic equality, racial integration and women's rights. Robert Dahl explores the vital tension between the Americans' belief in the legitimacy of their constitution and their belief in the principles of democracy. Dahl starts with the assumption that the legitimacy of the American Constitution derives solely from its utility as an instrument of democratic governance. Dahl demonstrates that, due to the context in which it was conceived, the constitution came to incorporate significant antidemocratic elements. Because the Framers of the Constitution had no relevant example of a democratic political system on which to model the American government, many defining aspects of the political system were implemented as a result of short-sightedness or last-minute compromise. Dahl highlights those elements of the American system that are most unusual and potentially antidemocratic: the federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system. The political system that emerged from the world's first great democratic experiment is unique - no other well-established democracy has copied it. How does the American constitutional system function in comparison to other democratic systems? How could the political system be altered to achieve more democratic ends? To what extent did the Framers of the Constitution build features into the political system that militate against significant democratic reform? Refusing to accept the status of the American Constitution as a sacred text, Dahl challenges America to think critically about the origins of its political system and to consider the opportunities for creating a more democratic society.

324 citations


Book
15 Nov 2001
TL;DR: In this article, the authors present a history of the United States and its relationship with the European Commonwealth, including the role of nations and their role in the creation of the modern United States.
Abstract: 1. Nations and Sovereignty 2. In Search of the Ancient Constitution: Historiography of the Nation 3. What do the Nations Want? Nationalist Aspirations and Transnational Integration 4. Asymmetrical Government and the Plurinational State 5. Beyond Sovereignty: Nations in the European Commonwealth 6. Plurinational Democracy References Opinion Poll Data

300 citations


Book
27 Sep 2001
TL;DR: In this article, Sunstein argues that political disagreement is the source of both the gravest danger and the greatest security in modern democracies, but is this conflict necessarily something to fear? In this provocative book, one of our leading political and legal theorists reveals how a nation's divisions of conviction and belief can be used to safeguard democracy.
Abstract: "In modern nations, political disagreement is the source of both the gravest danger and the greatest security," writes Cass Sunstein. All democracies face intense political conflict. But is this conflict necessarily something to fear? In this provocative book, one of our leading political and legal theorists reveals how a nation's divisions of conviction and belief can be used to safeguard democracy. Confronting one explosive political issue after another, from presidential impeachment to the limits of religious liberty, from discrimination against women and gays to the role of the judiciary, Sunstein constructs a powerful new perspective from which to show how democracies negotiate their most divisive real-world problems. He focuses on a series of concrete concerns that go to the heart of the relationship between the idea of democracy and the idea of constitutionalism. Illustrating his discussion with examples from constitutional debates and court-cases in South Africa, Eastern Europe, Israel, America, and elsewhere, Sunstein takes readers through a number of highly charged questions: When should government be permitted to control discriminatory behaviour by or within religious organizations? Does it make sense to govern on the basis of popular referenda? Can the right to have an abortion be defended? Can we defend Internet regulation? Should the law step in if children are being schooled in discriminatory preferences and beliefs? Should a constitution protect rights to food, shelter, and health care? Disputes over questions such as these can be fierce enough to pose a grave threat. But in a paradox whose elaboration forms the core of Sunstein's book, it is a nation's apparently threatening diversity of opinion that can ensure its integrity. Extending his important recent work on the way deliberation within like-minded groups can produce extremism, Sunstein breaks new ground in identifying the mechanisms behind political conflict in democratic nations. At the same time, he develops a profound understanding of a constitutional democracy's system of checks and balances. Sunstein shows how a good constitution, fostering a "republic of reasons," enables people of opposing ethical and religious commitments to reach agreement where agreement is necessary, while making it unnecessary to reach agreement when agreement is impossible. A marvel of lucid, subtle reasoning, DESIGNING DEMOCRACY makes invaluable reading for anyone concerned with the promises and pitfalls of the democratic experiment.

276 citations


BookDOI
TL;DR: Gonzalez et al. as discussed by the authors focused on the United States' unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history.
Abstract: In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large. This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories. Contributors. Jose Julian Alvarez Gonzalez, Roberto Aponte Toro, Christina Duffy Burnett, Jose A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efren Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, Jose Trias Monge, Mark Tushnet, Mark Weiner

233 citations


Journal ArticleDOI
TL;DR: As an example, the South African Constitution as mentioned in this paper explores the meaning of design, the need and opportunities for design in South Africa, and, most importantly, the grounding of design in the cultural values and political principles expressed in the new South African constitution.
Abstract: As I walked on the shore of Cape Town to the opening ceremonies of a conference on design in South Africa, I saw through the rain and mist a small sliver of land in the bay. Naively, I asked my host if it was part of the peninsula that extends south of the city or an island. With what, in retrospect, must have been great patience, she quietly explained that it was not “an” island, it was “the” island. I was embarrassed, but I knew immediately what she meant. I spent the rest of the evening thinking about the political prisoners who were held on Robben Island, human rights, and the irony of a conference within sight of Table Bay that seeks to explore the reshaping of South Africa by design. I was helped in these thoughts by the address of the Minister of Education, Dr. Kadir Asmal, who opened the conference by exploring the meaning of design, the need and opportunities for design in South Africa, and, most importantly, the grounding of design in the cultural values and political principles expressed in the new South African Constitution. I have never heard a high government official anywhere in the world speak so insightfully about the new design that is emerging around us as we near the beginning of a new century. Perhaps everyone in the audience was surprised by how quickly and accurately he captured the core of our discipline and turned it back to us for action. Many of his ideas were at the forward edge of our field, and some were further ahead than we are prepared to admit. For example, I believe we all recognized his significant transformation of the old design theme of “form and function” into the new design theme of “form and content.” This is one of the distinguishing marks of new design thinking: not a rejection of function, but a recognition that unless designers grasp the significant content of the products they create, their work will come to little consequence or may even lead to harm in our complex world. I was particularly surprised, however, by Dr. Asmal’s account of the creation—and here he deliberately and significantly used the word “design”—of the South African Constitution. He explained that after deliberation the drafters decided not to model the document on the familiar example of the United States Constitution, with an appended Bill of Rights, but rather to give central importance from the beginning to the concept of human

193 citations


Book
01 Jan 2001
TL;DR: Patrick Macklem as mentioned in this paper argues that there is a unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between other Canadians and the state, and argues that Aboriginal people belong to distinctive cultures that were and continue to be threatened by non-Aboriginal beliefs, philosophies, and ways of life.
Abstract: There is a unique constitutional relationship between Aboriginal people and the Canadian state - a relationship that does not exist between other Canadians and the state. It's from this central premise that Patrick Macklem builds his argument in this outstanding and significant work. Why does this special relationship exist? What does it entail in terms of Canadian constitutional order? There are, Macklem argues, four complex social facts that lie at the heart of the relationship. First, Aboriginal people belong to distinctive cultures that were and continue to be threatened by non-Aboriginal beliefs, philosophies, and ways of life. Second, prior to European contact, Aboriginal people lived in and occupied North America. Third, prior to European contact, Aboriginal people not only occupied North America; they exercised sovereign authority over persons and territory. Fourth, Aboriginal people participated in and continue to participate in a treaty process with the Crown. Together, these four social conditions are exclusive to the Aboriginal people of North America and constitute what Macklem refers to as indigenous difference. Exploring the constitutional significance of indigenous difference in light of the challenges it poses to the ideal of equal citizenship, Macklem engages an interdisciplinary methodology that treats constitutional law as an enterprise that actively distributes power, primarily in the form of rights and jurisdiction, among a variety of legal actors, including individuals, groups, institutions, and governments. On this account, constitutional law refers to an ongoing project of aspiring to distributive justice, disciplined but not determined by text, structure, or precedent. Far from threatening equality, constitutional protection of indigenous difference promotes equal and therefore just distributions of constitutional power. The book details constitutional rights to Aboriginal people that protect interests associated with culture, territory, sovereignty, and the treaty process, and explores the circumstances in which these rights can be interfered with by the Canadian state. It also examines the relation between these rights and the Canadian Charter of Rights and Feedoms, and proposes extensive reform of existing treaty processes in order to protect and promote their exercise. Macklem's book offers a challenge to traditional understandings of the constitutional status of indigenous peoples, relevant not only to Canadian debates but also to those in other parts of the world where indigenous peoples are asserting greater autonomy over their collective futures.

170 citations


Book
08 Feb 2001
TL;DR: The authors analyzes how the government of the United States effectively became an agent of the slaveholding interest, despite the fact that the nation had been founded upon ideals potentially hostile to the institution of slavery.
Abstract: This volume analyzes how the government of the United States effectively became an agent of the slaveholding interest, despite the fact that the nation had been founded upon ideals potentially hostile to the institution of slavery. The anomaly of a "slaveholding republic" began to unravel with the election of Abraham Lincoln, the first president not wholly obedient to that interest. Written by the late Pulitzer Prize-winning historian, Don Fehrenbacher, this book explores the United States government's position on slavery from the writing of the Constitution through the end of the Civil War.

165 citations


Journal ArticleDOI
01 Jun 2001-Area
TL;DR: In this article, the notion of childhood changes as part of other social transformations, and the disillusion of public and private spheres are related to contemporary crises of childhood, including visible working children and child violence.
Abstract: This paper traces how the notion of childhood changes as part of other social transformations. Globalization and the disillusion of public and private spheres are related to contemporary crises of childhood. Visible working children and child violence are highlighted as examples of unchildlike behaviour that suggests indeterminacy in the constitution of the global child. Issues of children's rights and new forms of justice are raised as potentially liberatory ways of viewing the crisis.

163 citations


MonographDOI
01 Mar 2001
TL;DR: The English Constitution is a classic of English political writing as mentioned in this paper and it appears for the first time in its original (1867) book version, with Bagehot's original conclusion, and the substantial introduction written for the second edition of 1872.
Abstract: Walter Bagehot's anatomy of The English Constitution is a classic of English political writing. In this new Cambridge Texts edition it appears for the first time in its original (1867) book version, with Bagehot's original conclusion, and the substantial introduction written for the second edition of 1872. Paul Smith's introduction places Bagehot's views in the context of contemporary events and prevalent views of the working of the constitution, indicating their relation to his developing ideas on the anthropological and sociological springs of authority. He assesses the accuracy of Bagehot's account of parliamentary government in operation, and the strength of Bagehot's analysis of the difficulties faced by British liberalism in coming to terms with the approach of democracy. All the usual student-friendly features of the Cambridge Texts series are present, including a select bibliography and brief biographies of key figures, and annotation which explains some of Bagehot's more arcane contemporary allusions.

152 citations


DOI
01 Jan 2001
TL;DR: The International Confederation of Trade Unions (ICFTU) was founded in London in Dec. 1949 following the withdrawal of some Western trade unions from the WFTU, which had come under Communist control.
Abstract: Origin. The founding congress of the ICFTU was held in London in Dec. 1949 following the withdrawal of some Western trade unions from the World Federation of Trade Unions (WFTU), which had come under Communist control. The constitution, as amended, provides for co-operation with the UN and the ILO, and for regional organizations to promote free trade unionism, especially in developing countries. By 1999 the ICFTU represented some 125m. workers across 215 national trade union centres in 145 countries.

Book
01 Jan 2001
TL;DR: In this article, the authors discuss the limits of the fiscal-military state, 1793-1842, the emergence of the Gladstonian fiscal constitution, 1842-60, and the modern income tax.
Abstract: List of illustrations List of figures List of tables Preface List of abbreviations 1. Trust, collective action and the state 2. 'The great tax eater': the limits of the fiscal-military state, 1793-1842 3. 'Philosophical administration and constitutional control': the emergence of the Gladstonian fiscal constitution 4. 'A cheap purchase of future security': establishing the income tax, 1842-60 5. 'Our real war chest': the national debt, war and empire 6. 'The sublime rule of proportion': ability to pay and the social structure, 1842-1906 7. 'The minimum of irritation': fiscal administration and civil society, 1842-1914 8. 'The right of a dead hand': death and taxation 9. 'Athenian democracy': the fiscal system and the local state, 1835-1914 10. 'The end of our taxation tether': the limits of the Gladstonian fiscal constitution, 1894-1906 11. 'The modern income tax': remaking the fiscal constitution, 1906-14 12. Conclusion Appendix: chancellors of the Exchequer, 1841-1914 Bibliography Index.

Journal ArticleDOI
01 Jan 2001

Journal ArticleDOI
Paul Craig1
TL;DR: In this article, the authors examined the nature of constitutions and constitutionalism, and argued that the European Community has indeed been transformed into a constitutional legal order, and that the arguments to the contrary are not convincing.
Abstract: The institutional reforms of the EU, coupled with the EU Charter of Fundamental Rights, have fuelled the debate about a European Constitution. This paper begins by examining the nature of constitutions and constitutionalism. The focus then turns to the EU itself. It is argued that the Community has indeed been transformed into a constitutional legal order, and that the arguments to the contrary are not convincing. This does not however mean that the EU has, or should have, a European Constitution cognisable as such which draws together the constitutional articles of the Treaties, together with the constitutional principles articulated by the European Court of Justice. The difficulties with this strategy are examined in detail, and the conclusion is that we should not at present pursue this course. It would be better to draw on the valuable work done by the European University Institute in its recent study in order to simplify and consolidate the Treaties.

Journal ArticleDOI
TL;DR: For example, the authors argued that the progress of modern society had quite simply rendered kingship outmoded and dangerous, a source of contingency and disorder in a progressively more rational social order.
Abstract: When Louis XVI’s flight to Varennes in 1791 prompted open calls for a republic in revolutionary France, they came from two quite distinct directions. One is best represented by Condorcet and Tom Paine, who formed a little “society of republicans” determined to “enlighten minds regarding that republicanism which is made an object of calumny because it is not known, and the uselessness, vices and abuses of royalty which prejudice is determined to defend even when they are known.”1 This republicanism was couched in the language of rights, reason, and representation; it deployed the rationalist discourse of modernity and social progress, the individualist discourse of civil society. For Condorcet and Paine, the progress of modern society had quite simply rendered kingship outmoded and dangerous, a source of contingency and disorder in a progressively more rational social order. It was time to rethink the exercise of executive power in order to discover some more intelligent and less arbitrary method of delegating executive power within a representative constitution. Paine spoke for them both when he insisted, on July 16, 1791, that “I do not understand by republicanism that which bears the name in Holland or some Italian states. I mean simply a government by representation; a government founded on the principles of the Declaration of Rights.”2 He expressed their common view, too, a few months later in the second part of his Rights of Man, when he mobilized the claims of modern society against outmoded and irrational political forms. In this analysis, the logic of republicanism derived from the principles of that “representative system [which] takes society and civilization for its basis; nature, reason, and experience for its guide.”3 This was the republicanism of the moderns.

Journal ArticleDOI
TL;DR: In this paper, the authors suggest that one plausible interpretation of "constitutionalization" in the international trade law context is that it refers to the generation of a set of constitutional-type norms and structures by judicial decision-making in the Appellate Body of the World Trade Organization.
Abstract: International trade is undergoing a transformation commonly referred to as 'consti- tutionalization'. Despite the ubiquity of the phrase, its meaning remains ambiguous and its significance underexplored. The purpose of this article is to suggest that one plausible interpretation of 'constitutionalization' in the international trade law context is that it refers to the generation of a set of constitutional-type norms and structures by judicial decision-making in the Appellate Body of the World Trade Organization. Unlike the work of John Jackson, Ernst-Ulrich Petersmann and Joseph Weiler (emphasizing institutions, rights and metaphysics respectively), this article will focus on judicial constitutionalization. Four trends will illustrate this: constitutional doctrine amalgamation, system constitution, subject matter incorporation, and constitutional value association. The identification of these trends reveals the underlying structure of the constitutionalization debate. Visible through the tribunal's carefully crafted formulations of rules and justifications are the mainstay principles of constitutional reasoning (democracy and governance, constitutional design, fairness, and allocation of policy responsibility). Ultimately the arguments presented here convert the discussion from a debate about whether the WTO is a constitution into a set of speculations on the nature of international trade, and on the valency of the idea of constitutionalization.

BookDOI
01 Jan 2001
TL;DR: Weiler and Wind as discussed by the authors discuss European constitutionalism beyond the state and beyond representative democracy in a polycentric polity with the aim of returning to a neo-medieval Europe.
Abstract: Notes on contributors Introduction: European constitutionalism beyond the state J. H H. Weiler and Marlene Wind Part I: 1. In defence of the status quo: Europe's constitutional Sonderweg J. H. H. Weiler Part II: 2. Postnational constitutionalism and the problem of translation Neil Walker 3. The unfinished constitution of the European Union: principles, processes and culture Francis Snyder 4. Europe and the constitution: what if this is as good as it gets? Miguel Poiares Maduro 5. The European Union as a polycentric polity: returning to a neo-medieval Europe? Marlene Wind Part III: 6. Beyond representative democracy: constitutionalism in a polycentric polity Renaud Dehousse 7. Finality vs. enlargement: constitutive practices and opposing rationales in the reconstruction of Europe Antje Wiener 8. Epilogue: Europe and the dream of reason Philip Allott Index.

Journal Article
TL;DR: Rubenfeld as discussed by the authors argued that the problem of counter-majoritarian difficulty is not the major difficulty in constitutional theory, because its solution depends on resolving an even more basic question of constitutional law, in his opinion-how and why the Constitution, drafted and ratified over two centuries ago, should bind the nation and continue to be regarded as legitimate long after the deaths of those who drafted it.
Abstract: Book Review THE END OF THEORY FREEDOM AND TIME: A THEORY OF CoNSTITUTIONAL SELF-GOVERNMENT By Jed Rubenfeld. Yale University Press, 2001. INTRODUCTION Imagine how you would answer the following question: "What is the central problem in constitutional law?" This question is routine to constitutional scholars, whose most common answer is the "counter-majoritarian difficulty,"' Alexander Bickel's classic phrase for the dilemma posed by unelected federal judges' interference with the decisions of democratically elected, politically accountable authorities. Imagine, however, that the answer to this difficulty turns out to depend on the resolution of an entirely different issue-the legitimacy of the Constitution's binding authority over time-that can be answered only by reference to a source other than any of those conventionally consulted, like the text, original understanding, or structure of the Constitution. Such imaginative leaps, difficult as they may be to follow, await the readers of the new book by Yale Law School Professor Jed Rubenfeld. There is more, much more, to Rubenfeld's constitutional vision, but many readers, including some scholars in the field, likely will be put off by his attempt to base his claim of judicial primacy in interpreting the Constitution not on any sources of constitutional meaning that are commonly regarded as authoritative, but rather on a blend of abstract principles derived primarily from the fact that the Constitution is written.3 In this book, as in his prior writings, Rubenfeld boldly rejects the attempts of virtually all other constitutional theorists to make sense of constitutional law. He argues IMAGE FORMULA7 that these scholars, including such luminaries as Alexander Bickel and Charles Black, have misdiagnosed the counter-majoritarian difficulty as the central question in constitutional law.4 Rubenfeld suggests that they all have failed to understand that this problem, as conventionally conceived, is not the major difficulty in constitutional theory, because its solution depends on resolving an even more basic question-the truly fundamental question of constitutional law, in his opinion-how and why the Constitution, drafted and ratified over two centuries ago, should bind the nation and continue to be regarded as legitimate long after the deaths of those who drafted and ratified it.5 In Rubenfeld's opinion, answering this fundamental question requires developing a political theory of legitimacy derived independently from the text of the Constitution or any other conventional source of constitutional authority. The text of the Constitution provides no guidance on how it should be interpreted; if one were to consult the Constitution for such guidance, one merely would be engaged in the circular exercise of interpreting the Constitution in order to determine how to interpret the Constitution. Instead, Rubenfeld suggests, one should derive a non-native theory of legitimacy from the fact that the Constitution is written. The fact of its "written-ness," in Rubenfeld's terminology,6 gives rise to some very significant inferences, including the Framers' objective of securing a revolutionary form of democratic self-government that would endure over time. Another equally if not more important inference is the identity of the institution best situated to elucidate and preserve constitutional meaning over time. By Rubenfeld's reckoning, this institution is the judiciary, because of its special training and because it is the least prone to the whims of present majorities. Thus, the counter-majoritarian difficulty dissolves-any tension between judges and present majorities turns out to be illusory-because only judges can maintain our system of self-government over time by steadfastly discharging their special functions of elucidating and enforcing constitutional commitments. In short, the counter-majoritarian difficulty dissolves because the legitimacy of the Constitution over time is possible only by virtue of judicial review. …

01 Jan 2001
TL;DR: In this paper, the Ninth National Economic and Social Development Plan (NESDP) has been proposed to accommodate women in politics, where women will not only be recruited, trained and elected but also duly supported in their political roles.
Abstract: Thai women were equally given constitutional right to vote and to stand for national election since 1932, at the debut of democracy. Under the definition of equal right in many of the Thai charters, women and men were collectively referred to as persons except in the 1974 constitution and the ongoing one. The influence and success of the public sector and NGOs were witnessed. The National Commission on Womenus affairs was set up in 1989 to cover various aspects of development of women and mainstreaming women into political develop- ment. Likewise the roles of NGOs have been outstanding and continued through three major periods. The economic bust has hampered the noticeable positive trend and underlined the critical challenge to the women development in particular. Ways and means to accommodate women in politics are to be included in the upcoming Ninth National Economic and Social Development Plan. They will not only be recruited, trained and elected but also duly supported in their political roles.

Book
01 Feb 2001
TL;DR: The authority and interpretation of constitutions: preliminaries Joseph Raz. as mentioned in this paper The domain of constitutional justice Lawrence Sager 6. Precommitment and disagreement Jeremy Waldron 7.
Abstract: Introduction Lawrence Alexander 1. American constitutionalism Richard Kay 2. Constitutional authorship Frank Michelman 3. What is 'The Constitution'? Michael Perry 4. Legitimacy and interpretation Jed Rubenfeld 5. The domain of constitutional justice Lawrence Sager 6. Precommitment and disagreement Jeremy Waldron 7. On the authority and interpretation of constitutions: preliminaries Joseph Raz.

Journal ArticleDOI
TL;DR: The impact of the Interim Constitution on the final constitution is discussed in this paper, where the authors conclude that the longer-term influence of the negotiations on South Africa's democracy: the impact of CODESA and the return to the negotiating table the Kempton Park negotiations of 1993
Abstract: Transitions to democracy the collapse of CODESA and the return to the negotiating table the Kempton Park negotiations of 1993 Section A: Core Constitutional Issues the Technical Committee on Constitutional Issues negotiating the process constitutional principles powers of the provinces executive government parliament and the constitutional assembly local government the Constitutional Court Section B: the COSAG parties negotiations with the Inkatha Freedom Party and the Freedom Front Section C: the Bill of Rights background to the drafting of the Bill of Rights operational provisions the equality clause other basic rights the property clause and the question of redistribution of land customary law and the issue of traditional leaders conclusion the longer-term influence of the negotiations on South Africa's democracy: the impact of the Interim Constitution on the final constitution.

Book
01 Feb 2001
TL;DR: In this article, the authors discuss the role of the presidential analogy in modern American politics, and the transition from the prime ministership of the United Kingdom to the presidency of the UK.
Abstract: 1. Prime ministerial government and the presidential analogy. 2. Outsiders and spatial leadership in modern American politics. 3. Moving in from the outside: the Thatcher precedent. 4. Moving in from the outside: the Blair phenomenon. 5. Going public and getting personal in the United States. 6. Presidential outreach and the development of British political leadership. 7. Major, Blair and the struggle for Public Outreach. 8. Leadership stretch in Britain. 9. The presidency and the premiership: power, nation and constitution. 10. Tony Blair and the British Presidential Dimension.

Journal ArticleDOI
TL;DR: Brown as mentioned in this paper argues that the most significant and, in many respects, most successful part of Russia's political transformation, namely, the transition from communism, took place while the Soviet Union was still in existence.
Abstract: While the questions posed by the Journal of Democracy are concerned mainly with the post-Soviet period, it is important to note at the outset that the most significant and, in many respects, most successful part of Russia’s political transformation—namely, the transition from communism—took place while the Soviet Union was still in existence. Far too often, the breakup of the Soviet Union and the transformation of the communist system are conflated. The transition from communism had essentially occurred by the spring of 1989. Glasnost, a gift from above, had developed into freedom of speech. The Communist Party’s monopoly on power had disappeared de facto with the rise of numerous sociopolitical movements. (It was removed de jure in March 1990, when the Communist Party’s “leading role” was excised from the Soviet Constitution.) Within the party, “democratic centralism” had given way to vigorous and open debate among different opinion groupings and factions. Contested elections in 1989 for a legislature with real powers replaced pseudo-elections for a rubber-stamp assembly. The Soviet economic system was in limbo by that time. A series of laws legalizing individual economic enterprise, devolving power from ministries to factories, and creating cooperatives that became thinly disguised private enterprises produced both intended and unintended consequences. The command economy was ceasing to function but what remained was still far removed from a market economy. Moreover, the Archie Brown, professor of politics at Oxford University and fellow of St. Antony’s College, is the author of The Gorbachev Factor (1996), which won the W. J. M. Mackenzie Prize of the Political Studies Association of the United Kingdom for best political science book of the year. More recently, he has edited The British Study of Politics in the Twentieth Century (1999, with Brian Barry and Jack Hayward) and Contemporary Russian Politics: A Reader (2001).

Book
01 Jan 2001
TL;DR: The framers of the U. S. Constitution focused intently on the difficulties of achieving a workable middle ground between national and local authority, and they located that middle ground in a new form of federalism that James Madison called the ''compound republic'' as discussed by the authors.
Abstract: The framers of the U. S. Constitution focused intently on the difficulties of achieving a workable middle ground between national and local authority. They located that middle ground in a new form of federalism that James Madison called the ""compound republic."" The term conveys the complicated and ambiguous intent of the framing generation and helps to make comprehensible what otherwise is bewildering to the modern citizenry: a form of government that divides and disperses official power between majorities of two different kinds --one composed of individual voters, and the other, of the distinct political societies we call states. America's federalism is the subject of this collection of essays by Martha Derthick, a leading scholar of American government. She explores the nature of the compound republic, with attention both to its enduring features and to the changes wrought in the twentieth century by Progressivism, the New Deal, and the civil rights revolution. Interest in federalism is likely to increase in the wake of the 2000 presidential election. There are demands for reform of the electoral college, given heightened awareness that it does not strictly reflect the popular vote. The U. S. Supreme Court, under Chief Justice William H. Rehnquist, has mounted an explicit and controversial defense of federalism, and new nominees to the Court are likely to be questioned on that subject and appraised in part by their responses. Derthick's essays invite readers to join the Court in weighing the contemporary importance of federalism as an institution of government.


Journal ArticleDOI
TL;DR: In this paper, the authors explore the different discourses on Spanish nationalism and "patriotic affirmation" existing in contemporary Spain, focusing on the importance of history as the founding basis for the legitimation of the present Spanish polity.
Abstract: The article explores the different discourses on Spanish nationalism and 'patriotic affirmation' existing in contemporary Spain. Since the end of Francoism, Spanish nationalism has existed in a de-articulated and diffuse way, rather as a reaction against the challenge of stateless nationalisms than as a substantive doctrine. However, since the mid-1980s there has been a recovery of Spanish nationalist discourse, often labelled as 'Constitutional patriotism', whose main point is the insistence on History as the founding basis for the legitimation of the present Spanish polity, as well as the vindication of the 1978 Constitution as the end-point of decentralization.

Journal ArticleDOI
TL;DR: In the context of the continuing debate between 'optimists and pessimists', the authors evaluate democracy in Namibia in the first decade of independence and conclude that there are reasons for concern, primary among them the trend toward single party rule, an increasing concentration of power within the executive branch of government and considerable intolerance of democratic political practices, especially among some government leaders.
Abstract: In the context of the continuing debate between 'optimists and pessimists', this article seeks to evaluate democracy in Namibia in the first decade of independence. Utilizing a minimalist conception of democracy, the article investigates the extent to which the country's democratic constitution has been respected and how the multiparty political system has fared. It considers the record of free and fair elections, and the status of the media and organizations of civil society. The article finds that there are reasons for concern in Namibia today, primary among them the trend toward single party rule, an increasing concentration of power within the executive branch of government and considerable intolerance of democratic political practices, especially among some government leaders. In addition, there have been significant human rights abuses as a result of Namibian involvement in two neighbouring civil wars and an armed insurrection in the North. However, the article concludes that there may still be room...

BookDOI
01 Jan 2001
TL;DR: Rakove and Sager as mentioned in this paper describe the birth logic of a democratic constitution and the evolution of a two-stage game between a democratic system and a United States republic, with the first stage being a game between two players.
Abstract: Part I. Constitutional Democracy: Beginnings and Traditions: Editors' introduction 1. Constitutional problematics, circa 1787 Jack N. Rakove 2. Inventing constitutional traditions: the poverty of fatalism James Johnson 3. The birth logic of a democratic constitution Lawrence G. Sager Part II. Constitutional Structure and Design: 4. Constitutional democracy as a two-stage game Jonathan Riley 5. Imagining another Madisonian Republic Jonathan Riley 6. One and three: separation of powers and the independence of the judiciary in the Italian constitution Pasquale Pasquino 7. A political theory of Federalism Jenna Bednar Part III. Constitutional Change and Stability: 8. Designing an amendment process Sanford Levinson 9. Constitutional theory transformed Stephen M. Griffin 10. Constitutional economic transition Russel Hardin 11. Institutionalizing constitutional interpretation Jack Knight.


Book
20 Mar 2001
TL;DR: A detailed analysis of the living constitution of Japan can be found in this article, where the authors propose a proposal for the revision of the text of the Japanese Constitution of Japan (1994).
Abstract: Part 1 Analysis Parchment and politics: Japan's living constitution Introduction 1 Origins 2 Contested constitutionalism: the Cold War decades 3 Normative implications of the constitution 4 Okinawa 5 Anti-constitutional radicalism 6 Post Cold war: Searching for new arrangements 7 Revision Conclusion Part 2 Documents 1 A proposal for the revision of the text of the Constitution of Japan (1994) Yomiuri Shimbun 2 Peace and regional security in the Asia-Pacific: a Japanese proposal (1993-94) sekai 3 International cooperation and the constitution (1995) Ashai Shimbun 4 A proposal for reforming the Japanese Constitution (1999): breaking a post-war Japanese taboo, a current Japanese politician rewrites its provisons Ozawa Ichiro Part 3 Constitution texts 1 The constitution of the Empire of japan (meiji Constitution, 1889) 2 The Constitution of Japan (1947)