Constitution

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

State Crime, Human Rights, and the Limits of Criminology

Abstract: THE AIM OF THIS ARTICLE IS TO SUGGEST HOW CRIMINOLOGY CAN REMEDY ITS neglect of the important phenomenon of state crime, without adopting such a broad definition of "crime" as to destroy what coherence criminology has as a distinct field of study. To assess the universality of our approach we employ examples from two different state traditions, Anglo-American and Turkish. Our definition allows us to examine countries as diverse as Turkey and the United Kingdom from the perspective of a continuum, rather than as two discrete, incomparable state formations -- authoritarian and democratic. One of our reasons for selecting Turkey as a comparative example is that it is a democratizing state with an authoritarian historical backdrop. Torture of detainees, extrajudicial killings and disappearances, violent public order policing, forced evacuations, the razing of whole villages, and the routine harassment of trade unionists, media workers, and human rights defenders form the human rights landscape in much of Turkey (see Amnesty International, 1998; European Commission, 1998; Human Rights Foundation of Turkey, 1997, 1998; Human Rights Watch, 1999). Torture is, however, in breach of Article 17 of the Constitution and Articles 243 and 245 of the penal code, and is punishable by up to five years of imprisonment. Proposals documented in the new draft penal code are set to increase the powers of the courts in punishing state officials found guilty of torture and ill treatment of detainees. In some celebrated cases, state officials have been charged with criminal conduct, but they are few and the crimes a re many. In 1999, six police officers were sentenced to five and one-half years each for torturing a suspect to death in 1993, but most other cases against state officials have resulted in very lenient sentences, fines, or acquittals. The violence of the Turkish state is of a different order of magnitude to that employed in most liberal democracies. Yet instances of violent crime by British and American state officials are not difficult to find -- recent revelations about the Los Angeles Police Department, and allegations of brutality against officers at the Wormwood Scrubs and Wandsworth prisons in England are among the more obvious examples. Less well-publicized is the extent to which legally unjustifiable violence is routinely used by police to enforce social discipline in some working-class areas (Choongh, 1997; Waddington, 1999). Despite the arguments of some theorists (e.g., Giddens, 1985) to the contrary, the use and threat of physical violence remain central to state power in liberal democracies. Cover's remarks on American criminal trials bring this out vividly: If convicted the defendant customarily walks -escorted--to prolonged confinement, usually without significant disturbance to the civil appearance of the event. It is, of course, grotesque to assume that the civil facade is voluntary." ...There are societies in which contrition and shame control defendants' behaviour to a greater extent than does violence.... But I think it is unquestionably the case in the United States that most prisoners walk into prison because they know they will be dragged or beaten into prison if they do not walk (Cover, 1986: 1, 607). The legal limits of legitimate force are inherently vague -- it is impossible to define in advance exactly what form of dragging or beating the prisoner may legitimately receive -- and strict enforcement of what limits do exist is intrinsically difficult and will often be contrary to the interests of the enforcing agency. It would therefore be surprising to discover any state in which criminal or legally ambiguous acts of violence by state agents did not occur. It would be equally astounding if any state were able to eliminate the innumerable opportunities for predatory crime inherent in economic regulation and revenue-raising (Smart, 1999). Some states, however, plainly commit far more and more serious crimes than others do, and it might be expected that these differences would be among the central concerns of criminology (Comfort, 1950). …

Before the Next Attack: Preserving Civil Liberties in an Age of Terrorism

Abstract: Terrorist attacks regularly trigger the enactment of repressive laws, setting in motion a vicious cycle that threatens to devastate civil liberties over the twenty-first century In this clear-sighted book, Bruce Ackerman peers into the future and presents an intuitive, practical alternative He proposes an "emergency constitution" that enables government to take extraordinary actions to prevent a second strike in the short run while prohibiting permanent measures that destroy our freedom over the longer run Ackerman's "emergency constitution" exposes the dangers lurking behind the popular notion that we are fighting a "war" on terror He criticizes court opinions that have adopted the war framework, showing how they uncritically accept extreme presidential claims to sweeping powers Instead of expanding the authority of the commander in chief, the courts should encourage new forms of checks and balances that allow for decisive, but carefully controlled, presidential action during emergencies In making his case, Ackerman explores emergency provisions in constitutions of nations ranging from France to South Africa, retaining aspects that work and adapting others He shows that no country today is well equipped to both fend off terrorists and preserve fundamental liberties, drawing particular attention to recent British reactions to terrorist attacks Written for thoughtful citizens throughout the world, this book is democracy's constitutional reply to political excess in the sinister era of terrorism

Narratives of Norwegian governance: elaborating the strong state tradition

Abstract: Any account of Norwegian governance must engage with four different state traditions (Olsen 1988): the sovereign rationality–bounded or centralised state, the institutional state, the corporatist–pluralist state and the supermarket state. The first three traditions are historically interconnected, while the supermarket state is a fundamental and recent challenge to them. These traditions have co–existed in different combinations and their significance has changed several times, since the Constitution of 1814. In this article, first, I outline each tradition, tracing its historical roots, dominant actors and the competing definitions and interpretations. Second, I discuss the problems or dilemmas that confronted these traditions and the reforms enacted in response to them. Finally, I assess the consequences of these reforms. I focus on the post–World War II period. I finish by discussing the dynamic interdependence of the different state traditions.

A Machine That Would Go of Itself: The Constitution in American Culture

Abstract: In this volume, Pulitzer Prize-winning historian Michael Kammen explores the U.S. Constitution's place in the public consciousness and its role as a symbol in American life, from ratification in 1788 to our own time. As he examines what the Constitution has meant to the American people (perceptions and misperceptions, uses and abuses, knowledge and ignorance), Kammen shows that although there are recurrent declarations of reverence most of us neither know nor fully understand our Constitution. How did this gap between ideal and reality come about? To explain it, Kammen examines the complex and contradictory feelings about the Constitution that emerged during its preparation and that have been with us ever since. He begins with our confusion as to the kind of Union we created, especially with regard to how much sovereignty the states actually surrendered to the central government. This confusion is the source of the constitutional crisis that led to the Civil War and its aftermath. Kammen also describes and analyzes changing perceptions of the differences and similarities between the British and American constitutions; turn-of-the-century debates about states' rights versus national authority; and disagreements about how easy or difficult it ought to be to amend the Constitution. Moving into the twentieth century, he notes the development of a "cult of the Constitution" following World War I, and the conflict over policy issues that persisted despite a shared commitment to the Constitution.

Politics in the Republic of Ireland

Abstract: Politics in the Republic of Ireland is newly available in a fully revised third edition. Building on the success of the first two editions, it continues to provide an authoritative introduction to all aspects of politics in the Irish Republic. Published in association with the Political Studies Association of Ireland, and written by some of the foremost experts on Irish politics, it explains, analyzes and interprets the background and processes of Irish government. Crucially it provides the student with the very latest developments.Coverage includes:* all aspects of the Irish political system, including the constitution, electoral system, parties, the links between member sof parliament and their constituents, the government, the President, and the Taoiseach * an exploration of the foundations of statehood, Irish society and political culture * Ireland's relationship with Britain and its role within the European Union* women and Irish politics* appendices providing demographic data, electoral data, political office holders, biographical notes on major political figures and a chronology of the main political events