Constitution

About: Constitution is a research topic. Over the lifetime, 37828 publications have been published within this topic receiving 435603 citations.

Preventing mother-to-child HIV transmission in South Africa: background strategies and outcomes of the Treatment Action Campaign case against the Minister of Health.

Abstract: This paper contextualises the litigation that challenged the South African government’s PMTCT policy and documents its causes and effects. It examines the resort to constitutional litigation by civil society organisations after being frustrated by what Cameron JA described in another context as ‘a pitiable saga of correspondence meetings calls appeals entreaties demands and pleas by public interest organisations’. More practically it describes a ‘contempt of people and process that does not befit an organ of government under our constitutional dispensation’. The TAC case is an interesting one both inside and outside of the legal proceedings. It raises important issues about the functional independence of the public service from the Executive on matters where there is political sensitivity and pressure. It suggests how human rights disputes might increasingly revolve around socio-economic rights and it demonstrates that skillful litigation can take advantage of constitutional promises. Finally the outcome of the case validates the Constitution and should confirm to those who still suffer marginalisation and deprivation that the Constitution can materially impact on and better their lives. It need not be as former Justice Minister Omar once suggested ‘a wonderful document’ but one which ‘because of the imbalances we have inherited . . . will be the sole preserve of the rich and powerful’. (excerpt)

The position of islam in the constitution of Malaysia

Abstract: The Federal Constitution of Malaysia states that Islam is the religion of the Federation. This provision in Article 3(1), inserted in 1957 when the independence constitution was framed, has drawn considerable scholarly attention in recent years. Most of the studies, however, have not been able to consult the primary constitutional documents. Invariably, many have given varied and ambiguous interpretations of the provision. This article examines the primary constitutional documents and constitutional debates between 1956 and 1957 to trace the origin of Article 3(1) and to determine the intentions of the framers in inserting this provision in the constitution.

Presidentialism and Democracy in Latin America: The Unrealized Potential of Presidential Dominance in Colombia

Abstract: On July 4, 1991, Colombians ceased to live under what had been the oldest continuously functioning constitution in Latin America. A new document, drafted and ratified by the specially elected Constituent Assembly, replaced a constitution that, while frequently amended, had served since 1886. In order to understand why Colombians undertook the process of constitutional revision, one needs to consider the various ways in which the old constitution had contributed to a crisis that most Colombian political observers believed was confronting the country by the late 1980s. A significant aspect of the Constituent Assembly's task was to remedy a perceived imbalance between an overly powerful president and a Congress that appeared incapable of addressing the nation's problems. In this chapter we argue that Colombian presidents hold great constitutional powers over legislation yet frequently appear unable to accomplish policy agendas that are nominally endorsed by their own parties. Despite most presidents' having held copartisan legislative majorities, presidents have low partisan powers because parties are internally fragmented. Two institutional features contribute to low partisan powers: First, parties lack control over the use of their party labels (i.e., candidates do not need to have party approval to run under the party name); second, the electoral system fosters intraparty competition. Evaluations of presidentialism in Colombia have tended to overlook the real limits to the powers of the Colombian executive. Our argument is that the partisan powers of the Colombian president have decreased since the mid-1970s as a result of increased intraparty competition.

Constitution of the Republic of Turkey

Abstract: In line with the concept of nationalism and the reforms and principles introduced by the founder of the Republic of Turkey, Atatürk, the immortal leader and the unrivalled hero, this Constitution, which affirms the eternal existence of the Turkish nation and motherland and the indivisible unity of the Turkish state, embodies; The determination to safeguard the everlasting existence, prosperity and material and spiritual well-being of the Republic of Turkey, and to attain the standards of contemporary civilization as an honourable member with equal rights of the family of world nations; The understanding of the absolute supremacy of the will of the nation and of the fact that sovereignty is vested fully and unconditionally in the Turkish nation and that no individual or body empowered to exercise this sovereignty in the name of the nation shall deviate from liberal democracy and the legal system instituted according to its requirements; The principle of the separation of powers, which does not imply an order of precedence among the organs of state, but refers solely to the exercising of certain state powers and discharging of duties which are limited to cooperation and division of functions, and which accepts the supremacy of the Constitution and the law; The recognition that no protection shall be accorded to an activity contrary to Turkish national interests, the principle of the indivisibility of the existence of Turkey with its state and territory, Turkish historical and moral values or the nationalism, principles, reforms and modernism of Atatürk and that, as required by the principle of secularism, there shall be no interference whatsoever by sacred religious feelings in state affairs and politics; the acknowledgment that it is the birthright of every Turkish citizen to lead an honourable life and to develop his or her material and spiritual assets under the aegis of national culture, civilization and the rule of law, through the exercise of the fundamental rights and freedoms set forth in this Constitution in conformity with the requirements of equality and social justice; The recognition that all Turkish citizens are united in national honour and pride, in national joy and grief, in their rights and duties regarding national existence, in blessings and in burdens, and in every manifestation of national life, and that they have the right to demand a peaceful life based on absolute respect for one another’s rights and freedoms, mutual love and fellowship and the desire for and belief in “Peace at home, peace in the world”. This Constitution, which is to be embraced with the ideas, beliefs, and resolutions it embodies below should be interpreted and implemented accordingly, thus commanding respect for, and absolute loyalty to, its letter and spirit. Is entrusted by the Turkish nation to the patriotism and nationalism of its democracy-loving sons and daughters.