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Journal articles on the topic 'Constitution (1906)'
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1
Borbor, Dariush. "A Comparative Overview of the Iranian Constitutions of 1906-07 and 1979." Iran and the Caucasus 10, no. 2 (2006): 263–86. http://dx.doi.org/10.1163/157338406780345943.
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AbstractThe history and the essential and important articles of the constitutional laws of Iran and its immediate neighbours are elucidated and compared. The article includes an analytical comparison of the 1906-07 and 1979 Constitutions of Iran. A brief analytical synoptic overview of world constitutions is also presented in order to obtain a balanced view of the process of constitutionalism and popular suffrage for men and women.In 1979, the Islamic Republic of Iran became the first country in the world to include a declaration for the preservation of the environment in its Constitution.Having compared the 1906-7 Constitution of Iran with a good number of others, it is very evident that the transformation of an autocratic monarchy into a constitutional one was in itself a great leap forward, at a time, when most of the world still lived under dictatorship.In Iran, a number of civil institutions have played their role for a whole century thanks to the 1906-07 Constitution, though far from perfect, nevertheless more or less accepted and functioning. These include a hundred years of direct parliamentary elections, and several years of presidential, municipal and other popular suffrage.The propagation of the 1906-07 Constitutional Movement of Iran has been paramount; it had greatly influenced the awakening of many other peoples of the neighbouring and regional countries. The 1908 re-institution of parliament in the Ottoman Empire, the 1911 Chinese Revolution, and the 1917 Revolution in Tzarist Russia were undoubtedly influenced by the Constitutional Movement of Iran.
2
Arjomand, Saïd Amir. "The 1906-07 Iranian Constitution and the Constitutional Debate on Islam." Journal of Persianate Studies 5, no. 2 (2012): 152–74. http://dx.doi.org/10.1163/18747167-12341242.
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Abstract After a brief sketch of the historical background, the mutual impact of Islam and constitutionalism is examined by looking closely at the process of constitution-making in the broad context of the constitutional politics of Iran between 1905 and 1911. The modification of modern constitutional concepts under the impact of Shiʿi Islam and through its custodians in the course of the reception of Western constitutionalism in this period is followed by an analysis of the impact of modern political ideas on Islam. The analysis is based on the texts of the Fundamental Law of 1906 and its 1907 Supplement, and on the contemporary tracts for and against constitutionalism from opposite Islamic viewpoints. Our detailed examination of these sources indicates no presumption that a constitution had to be based on Islam. Nor was there any notion of ‘the Islamic state,’ the slogan of the Islamic revolution of 1979. For the constitutionalists and anti-constitutionalist pamphleteers of the first decade of the twentieth century alike, the counterpart to the constitutional government was not the Islamic state but the autocratic monarchy of ‘the king of Islam.’
3
Butler, W. "Five Generations of Russian Constitutions: Russia as Part of the Western Legal Heritage." BRICS Law Journal 6, no. 3 (September 14, 2019): 13–21. http://dx.doi.org/10.21684/2412-2343-2019-6-3-13-21.
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The paper is devoted to the study of the relationship between the Russian constitutional history and Western legal traditions. The author argues the position according to which the constitutionalism has been a part of Russian legal history for centuries. On one view of Russian legal history, a written constitution remained an aspiration of the Russian people that was only partly realized in 1906. Marxist legal thought contemplated, or predicted, the “withering away of law” after a proletarian Revolution; adopting a constitution seemed counter-intuitive to this projected vector of history. This paper explores in general outline the five generations of the constitutions of Russia (1918, 1925, 1937, 1978, and 1993) and the maturing of a constitutional tradition in Russia which has led from a blueprint for communism to fully-fledged constitutional rule-of-law social State in which the constitution acts as a restraint upon the exercise of State power and performs the role that a constitution routinely performs as part of the western legal heritage. The author concludes the 1993 Russian Constitution is, for the first time, a living document that could be considered as a reaction against the Russian past, the embodiment of Russian experience, and the repository of Russian values and desires for its future.
4
Langran, Irene. "The Brunei Constitution of 1959." American Journal of Islam and Society 19, no. 2 (April 1, 2002): 123–25. http://dx.doi.org/10.35632/ajis.v19i2.1948.
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For many countries, the twentieth century was characterized by the shift from colonialism to independence. This struggle was contentious and often violent; the resulting governments frequently reflected the tensions between nationalist and colonial influences. In The Brunei Constitution of 1959: An Inside History, B. A. Hussainmiya examines the formation of the framework for the nonviolent and gradual movement toward independence through the negotiations surrounding the 1959 constitution.A historian, Hussainmiya's previous works include his 1995 publication, Sultan Omar Ali Saifuddien III and Britain: The Making of Brunei Darussalam. The Brunei Constitution of 1959 began as a series of articles written for the Borneo Bul letin in 1999. This concise history of the 1959 Constitution is divided into eight chapters. The first two chapters provide background information, while chapters three to seven cover the negotiations between the British colonial government and Brunei's monarchy. In chapter eight, the book ends with the constitution's actual promulgation. Britain's relationship with Brunei began in 1847, when the two countries signed a treaty of peace and friendship. In 1888 Britain established a protectorate over Brunei, which grew to residency rule by 1906. Although the establishment of residency rule in 1906 afforded the British vast and unspecified powers, a role for the Malay monarchy, through the sultan, was preserved and, in some respects, augmented. By designating, at least in theory, the sultan as the "absolute sovereign," the British hoped to maintain the perception that Brunei was not a colony. As Hussainmiya notes, the British also increased the sultan's power over local nobles in an effort to increase their own power base ...
5
Najafinejad, Alireza, and Masoumeh Rad Goudarzi. "Religious Minorities’ Rights in the Iranian Constitution of 1906 and the Constitution of the Islamic Republic of Iran." Asia-Pacific Journal on Human Rights and the Law 21, no. 2 (December 9, 2020): 298–325. http://dx.doi.org/10.1163/15718158-21020005.
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Abstract Although Christian, Jewish, and Zoroastrian minorities form less than two per cent of the Iranian population, the recognition of their official rights and the institutionalised legal discrimination against them has been a matter of a long conflict between minority rights activists and Muslim jurists since the Constitutional Revolution in 1905. The major part of this controversy relates to the assumed status of non-Muslims in traditional Shi’a jurisprudence. The present study examines and assesses the recognised status and rights of religious minorities in the two constitutions of 1906 and 1979 and their development. Although, due to the formation of new recitations in Shi’a jurisprudence, some changes have been made in identifying the fundamental rights of religious minorities, the domination of the general spirit of the rulings in Shi’a jurisprudence in the formulation of both constitutions means there is still a long way to go before recognising equal human rights for all.
6
Okolotin, Vladimir S., and Svetlana A. Orlova. "THE EXPERIENCE OF CREATING THE INSTITUTION OF CONSTITUTIONAL SUPERVISION IN PRE-REVOLUTIONARY RUSSIA: RESULTS AND LESSONS." Vestnik of Kostroma State University, no. 3 (2020): 63–67. http://dx.doi.org/10.34216/1998-0817-2020-26-3-63-67.
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The establishment of the institution of constitutional oversight in Russia has a long history. With the adoption of the «Fundamental State Laws» on April 23, 1906 (the first constitution of Russia), the functions of constitutional supervision were assigned to the First Department of the Governing Senate. In this paper, we examined the key decisions of the Governing Senate as a body of constitutional oversight during the Monarchy after the Coup of June 3, 1907; as well as February Revolution; and October Revolution. Our research has shown that at the said critical moments in Russian history, the First Department of the Senate adopted political decisions that did not comply with the provisions of the «Basic State Laws» on April 23, 1906, and had long-term negative consequences for the history of Russia. This concerned both the publication of the electoral laws of June 3, 1907, and the acts on the abdication of Nicholas II as emperor and on Grand Duke Michael Alexandrovich’s refusal of power. In the last ruling, which was held by the Governing Senate on November 23, 1917 as a body of constitutional supervision, the Soviet power was considered to be illegal and criminal. The Senate refused to obey its pending of the convocation of the Constituent Assembly. The decisions of the Governing Senate analysed in the article make it possible to conclude that it is necessary to observe the principle of legality when exercising constitutional supervision.
7
Куликов, Сергей Викторович. "An Unexplored Stage in the Creation of the First Russian Constitution: Activities Outside and Inside the Conference of High Officials of the State Chancellery (December 1905 - March 1906)." Journal of Modern Russian History and Historiography 6, no. 1 (2013): 35–89. http://dx.doi.org/10.1163/22102388-00600005.
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This article examines the role of the State Chancellery in the creation of the Fundamental Laws of 1906. It establishes that the draft of the Fundamental Laws prepared by the chancellery was discussed in March 1906 by the Council of Ministers under the chairmanship of Sergei Iul’evich Witte, and it was discussed again in April 1906 by a Special Convocation under the chairmanship of Emperor Nicholas II. The article draws on new sources to establish the personnel involved in meetings of high-ranking officials within the State Chancellery in January 1906, and to trace their discussions of drafts of the Fundamental Laws prepared by P.A. Kharitonov, A. P. Salomon and Count A. F. Geiden. On the basis of this evidence, the article suggests that debates over the Fundamental Laws intensified the ongoing process of political differentiation within the upper bureaucracy connected with the reforms of 1905 – 1906.
8
Afary, Janet. "Peasant Rebellions of the Caspian Region during the Iranian Constitutional Revolution, 1906–1909." International Journal of Middle East Studies 23, no. 2 (May 1991): 137–61. http://dx.doi.org/10.1017/s0020743800056014.
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Despite a growing literature on peasant movements in the early 20th century, the story of the peasant rebellions of the Caspian region at the time of the Iranian Constitutional Revolution of 1906–11 has been little studied.1 A close look at three sets of materials—the newspapers of the Constitutional Revolution, among them Majlis (1906–1908), Anjuman (1906–1909), Habl al-Matīn (1907–1909), and Sūr-i Isrāfīl (1907–8); British diplomatic reports; and several regional studies and memoirs of the period—reveal that, during the First Constitutional Period of 1906–1908, a number of strikes and sit-ins were carried out by the peasants, often with the support of craftsmen and workers, who had initiated trade union activity. Such revolts were considerably more sustained and prominent in the northern areas of Gilan and Azerbayjan, which were directly influenced by the flow of radical ideas from the Russian Caucasus; they also benefited from a long history of social struggle among the craftsmen and small shopkeepers (pīshahvarāns), who maintained their guilds, and a tradition of alliances among the craftsmen, the urban poor, and the poor peasants.2
9
Ильин, Андрей, and Andrey Ilin. "The constitutional startup of Russia in the global constitutionalization context." Comparative Research In Law and Politics 1, no. 2 (November 1, 2013): 108–12. http://dx.doi.org/10.12737/1933.
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The process of the global constitutianalization has been
started by the European civilization (English constitutional acts of
the second half of the 17th century). Maturation of the constitutionalism
is a part of the social development during the industrial period.
The constitution in its classical form should be free of any social
estates influence and political inequality. The constitutianalization
of Europe in the rough was completed by the end of the 20th century.
Russia became a nominal constitution as one of the last great European
powers. To make an objective analysis, we should compare
Russia with equal intercontinental countries: the European Powers
with their colonies. All of these states never had an all-national
constitutional act. Thus the Russian “Fundamental laws” from
the 23th of April 1906 were at the level of the most big countries
having a European metropolis, moreover they surpassed them,
because the written fundamental law was an empire-wide act,
however, their proper constitutional provisions did not apply to all
the patrials. The constitutional component of the Russian fundamental
law corresponded the baseline of European constitutionalism
of the turn of the 19th–20th centuries: a dualistic monarchy.
10
Mirabian Tabar, Mehdi. "Divine vs. Human Law: The Quarrel between the Anti- and Pro-Constitutionalist Jurists in Iranian Constitutional Revolution of 1906." Religions 12, no. 8 (August 10, 2021): 630. http://dx.doi.org/10.3390/rel12080630.
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This study investigated the quarrel between the pro-and anti-constitutionalist jurists following the establishment of the first National Consultative Assembly (Majlis) in Iran and the drafting of the first constitution in 1906. A group of shi῾ite jurists launched an attack on Majlis, in addition to the ideas of human legislation, freedom, and equality, by considering the Islamic Sharī῾a law to be a set of perfect and impeccable laws. In response to these oppositions, the pro-constitutional jurists argued in favor of the constitutional movement. In this paper, it is argued that the quarrel could be considered as evidence for the perennial tension between the divine and human law in Islam. It appears that examining this conflict may shed light on incidents shaping the history of contemporary Iran.
11
Martin, Vanessa. "State, Power and Long-term Trends in the Iranian Constitution of 1906 and its Supplement of 1907." Middle Eastern Studies 47, no. 3 (May 2011): 461–76. http://dx.doi.org/10.1080/00263206.2010.500798.
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12
Nicol, Danny. "Progressive Eras, Periods of Reaction, and Constitutional Change." German Law Journal 15, no. 3 (May 1, 2014): 437–59. http://dx.doi.org/10.1017/s2071832200018988.
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This article argues that “political herding” plays a crucial role in driving and shaping constitutional change. It links the prevalence of political herding to a psychological phenomenon, “social influence.” It goes on to argue that constitutional change is often driven by the desire for certain substantive policies, which in turn are determined by whether, in a particular epoch, the political community is herding in a progressive or reactionary direction. Contending that the general phenomenon whereby political communities go through recurrent swings to the left or to the right has been neglected by scholars, this essay aims to give this phenomenon the centrality it merits in relation to the evolution of the British constitution. Accordingly it considers the 1906 Liberal government, the 1945 Labour government and the lengthy succession of post-1979 neoliberal governments, analyzing how substantive progressive and reactionary programs led to constitutional change. Finally this article considers the legitimacy both of political herding itself, and of political herding's impact on constitutional change.
13
Glass, Maeve Herbert. "Bringing Back the States: A Congressional Perspective on the Fall of Slavery in America." Law & Social Inquiry 39, no. 04 (2014): 1028–56. http://dx.doi.org/10.1111/lsi.12111.
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In the aftermath of America's Civil War, national lawmakers who chronicled the fall of slavery described the North as a terrain of states whose representatives assembled in Congress, as evidenced in Henry Wilson's The Rise and Fall of the Slave Power in America (1872–77) and Alexander Stephens's A Constitutional View of the Late War Between the States (1868–70). Beginning in the early 1900s, scholars who helped establish the field of American constitutional history redescribed the national government as the voice of the Northern people and the foe of the states, as evidenced in Henry Wilson's The Rise and Fall of the Slave Power in America (1872–1877) and Alexander Stephens's A Constitutional View of the Late War Between the States (1868–1870), a first generation of scholars writing during the Progressive Era redescribed the national government as the voice of the Northern people and the foe of the states, as evidenced in William A. Dunning's Essays on the Civil War and Reconstruction (1898), John W. Burgess's The Civil War and the Constitution (1901–1906), and James G. Randall's Constitutional Problems Under Lincoln (1926). Although a second generation of scholars uncovered traces of the lawmakers' perspective of states, new efforts in the wake of the civil rights movement to understand the internal workings of political parties and the contributions of ordinary Americans kept the study of national lawmakers and their states on the margins of inquiry, as evidenced in leading revisionist histories of Reconstruction, including Harold Hyman's A More Perfect Union: The Impact of the Civil War and Reconstruction on the Constitution (1973), Michael Les Benedict's A Compromise of Principle: Congressional Republicans and Reconstruction, 1863–1869 (1974a), and Eric Foner's Reconstruction: An Unfinished Revolution (1988). Today, the terrain of Northern states remains in the backdrop, as illustrated in recent studies featuring the wartime national government, including James Oakes's Freedom National: The Destruction of Slavery in the United States, 1861–1865 (2012) and Mark E. Neely, Jr.'s Lincoln and the Triumph of the Nation: Constitutional Conflict in the American Civil War (2011), as well as studies of the mechanisms of constitutional change during Reconstruction, including relevant sections of Bruce Ackerman's We the People II: Transformations (1998) and Akhil Reed Amar's America's Constitution: A Biography (2005). This review essay argues that incorporating the states back into this century‐old framework will open new lines of inquiry and provide a more complete account of federalism's role in the fall of slavery. In particular, a return to the archives suggests that in the uncertain context of mid‐nineteenth‐century America, slavery's leading opponents in Congress saw the Constitution's federal logic not simply as an obstacle, but as a crucial tool with which to mobilize collective action and accommodate wartime opposition at a time when no one could say for sure what would remain of the United States.
14
Afshari, M. Reza. "The Historians of the Constitutional Movement and the making of the Iranian Populist Tradition." International Journal of Middle East Studies 25, no. 3 (August 1993): 477–94. http://dx.doi.org/10.1017/s0020743800058888.
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An Iranian born in 1906, when the constitution was granted, would have had to wait until he was thirty-four to find a history of what was happening at the time of his birth. Kasravi's first volume appeared in 1940 and Malikzada's in 1948. Censorship was not the cause of this strange delay. Could it be that disillusion with the outcome of the movement ran so deep in the minds of intellectuals that no one wished to relive the story by writing it? The newly established Pahlavi state tried to glorify the ancient heritage of Persia and to shift the historical landscape from the immediacy of the constitutional era to the politically irrelevant past of pre-Islamic Iran. It is somehow peculiar—and perhaps a measure of the time—that an author of the Iranian constitution, the Mushir al-Daula (Hasan Pirniya) undertook, when in political retirement, to write not a history of the constitutional movement but a monumental work on ancient Iran. Kasravi speculated about the reasons for the nonexistence of a reliable history. The opportunist elitist reformers (“carpetbaggers”) who shifted sides during the movement “were reluctant to see the history of that movement truthfully written.” The Mushir al-Daula was one of them. Kasravi complained that when he began publishing his history, the sons, relatives, and followers of these men objected to his critical historical evaluation.
15
Polyakov, Leonid V. "Parliamentarism in Russia: the Problems of History and Contemporaneity." Almanac “Essays on Conservatism” 42 (December 3, 2018): 23–37. http://dx.doi.org/10.24030/24092517-2018-0-4-23-37.
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Russian Parliament – is the institutions with complicated historical destiny. First attempts to establish a two-chamber parliament in Russia as a relatively independent legislative and representative institution were made by M.M. Speransky 210 years ago. His constitutional project was only partially implemented in 1906 when the first State Duma of the Russian Empire started its activity. The ten-year experience of the first Russian parliament revealed the major institutional problem that in the long run became one of the key causes for the destruction of Russian state system in 1917. That was the problem of “the responsible Ministry” that made itself felt again in the constitutional design in 1993. The distribution of the control, answerability and responsibility functions in the “triangle”: “president – government – parliament”,– in the Constitution currently in force needs to be closely analyzed from the point of view of political practices. And very likely some amendments will have to be made.
16
Declercq, Linde. "Louis Wodon (1868-1946), kabinetschef van Albert I en Leopold III: gangmaker van een autoritaire hervorming van de Staat met een centrale rol voor de Koning?" Pro Memorie 21, no. 1 (January 1, 2019): 90–117. http://dx.doi.org/10.5117/pm2019.1.006.decl.
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Summary In this contribution, the life and constitutional views of Louis Wodon (1868-1946) are exposed. Raised in a Brussels family of liberal political persuasion, Wodon was appointed a full professor at ULB in 1906, where he taught courses on labour law, sociology and administrative law. Simultaneously, he careered as a civil servant in the Ministry of Economic Affairs. As Head of Staff of the King between 1926 and 1938, Wodon advised Albert I and Leopold III to restore law and order, so as to defeat the breakdown of authority that plagued the political world. He interpreted the Constitution in such a way as to leave a maximum of powers to the King, vigorous measures by individual government members and a minimum role to Parliament. His views should be seen in the context of a reactionary antidemocratic movement which came into vogue after World War I.
17
Johnston, Josephine. "Resisting a Genetic Identity: The Black Seminoles and Genetic Tests of Ancestry." Journal of Law, Medicine & Ethics 31, no. 2 (June 2003): 262–71. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00087.x.
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In July 2000, the Seminole Nation of Oklahoma passed a resolution that would effectively expel a significant portion of its tribal members. The resolution amended the Nation's constitution by changing its membership criteria. Previously, potential members needed to show descent from an enrollee of the 1906 Dawes Rolls, the official American Indian tribal rolls established by the Dawes Commission to facilitate the allotment of reservation land. The amended constitution requires possession of one-eighth Seminole Indian blood, a requirement that a significant portion of the tribe's membership cannot fulfill. The members of the Nation who fail to meet this new membership criterion all have one thing in common: they are black.Descendents of former slaves who came to live among the Seminole Indians of Florida in the seventeenth and eighteenth centuries, the black Seminoles have been officially recognized by the U.S. government as members of the Seminole Nation of Oklahoma since 1866.
18
Nabavi, Ehsan. "(Ground)Water Governance and Legal Development in Iran, 1906–2016." Middle East Law and Governance 9, no. 1 (June 7, 2017): 43–70. http://dx.doi.org/10.1163/18763375-00901005.
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One hundred and ten years after the Persian (Iranian) constitution of 1906, the country is experiencing a serious water crisis. Blame is often attributed to the government’s mismanagement. This paper aims to throw light on the water-related laws and policies throughout Iran’s history to unravel the cause of this crisis from a legal perspective. This research provides a concise review on how the state’s development policies can be read through the water-relevant laws. To this end, the study defines and explores the laws through five chronological periods: (1) Codification, (2) Fast-paced Development and legislation, (3) Development and protection, (4) Development and Justice, (5) Back-to-Development. Along with highlighting the social, political, and economic background of each period, the key laws associated with water regulation are introduced and their implications on the development policies are discussed. This historical review provides us with insights about the question of why Iran is currently struggling with multiple challenges in the water sector, which are manifested as dried out rivers, disappearing lakes, and depleted groundwater.
19
Sulyak, S. G. "ELIZAVETA IVANOVNA DE WITTE AND CARPATHIAN RUS." Rusin, no. 60 (2020): 61–96. http://dx.doi.org/10.17223/18572685/60/5.
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Elizaveta Ivanovna de Witte (nee Ammosova), a famous educator and historian, has been undeservedly forgotten. She was the author of numerous scientific and popular works, a full member of the Historical Society of Nestor the Chronicler, published in numerous journals like Chteniya v Istoricheskom obshchestve Nestora letopistsa, Russkoe delo, Zarya, Rus’, Pravdivoe slovo. She was publishing the collections Book for Reading at School and at Home, the second volume of which included her version of The Word on Igor’s Regiment, based on G.P. Pavsky’s translation. E. de Witte made several trips to foreign countries, where she paid much attention to the situation of Slavic peoples. In the summer of 1903, E. de Witte went to Austria-Hungary and visited Bukovina and Galicia. Her creative legacy includes works on the history, socio-economic and religious situation of the Rusins in Austria-Hungary: Bukovina and Galicia (1903), Ugro-Rus. Past and Present. Absolutism and Constitution (1907), How Galicians Live under the Constitution (1908), The Russian-Polish Question in Galicia. 1804–1909 (1909), Austria-Hungary and Its Slavic Peoples (1912), Galician Rus in Its Past and Present (co-authored with E.F. Turaeva-Tsereteli, 1915). She was also interested in the Rusins of the Kholmshchyna (Chełm Land, 1909). With her works on the history of Carpathian Rus, E. de Witte contributed much to the further studies of the history of Rusins and promoted the interest to this ethnic group in the general public and academic community of Russia.
20
Batakovic, Dusan. "The road to democracy: The development of constitutionalism in Serbia 1869-1903." Balcanica, no. 38 (2007): 133–72. http://dx.doi.org/10.2298/balc0738133b.
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After the swiftly abolished liberal Constitution of 1835 and the imposed 'Turkish' one of 1838 (imposed by the Russians and Ottomans, guarantors of Serbia's autonomy granted in 1830, to limit the princely power), the development of constitutionalism in modern Serbia went through several phases. As elsewhere in the Balkans, constitutions usually resulted from a compromise between the ruler and the elites rather than from the will of the people. The 1868 Constitution drew to an extent upon the early nineteenth-century German constitutional monarchies, but, under pressure from the politically mobilized population, the 1888 Constitution, proposed by the Radical Party in response to the egalitarian aspirations of the nation's agrarian majority, adopted a French constitutional model - with a unicameral system and frequent coalition governments. Shaped on the model of the Belgian Constitution of 1831, which in its turn was a modified version of the French Charte of 1830, it restored a French influence, expressed for the first time in the 1835 Constitution. The 1888 Constitution was passed by the Grand National Assembly with its five-sixth majority of Radicals, representatives of the agrarian majority. It was soon annulled by the coup d'?tat of 1894 and the Court-imposed Constitution of 1869 was reinstituted. The Constitution of 1901 was an attempt to introduce a bicameral system as a means of upholding the influential role of the ruler, while limiting that of the Radical Party, which had enjoyed an ample electoral support since the 1888 Constitution. After the assassination in 1903 of the last Obrenovic ruler king Alexander, and his wife, queen Draga, the liberal Constitution of 1888 with minor modifications was reinstituted. Under this Constitution - which is commonly known as the 1903 Constitution and which, during the democratic reign of king Peter I Kardjordjevic, was no longer challenged - Serbian democracy remained fragile, because there was no upper house to counteract as it did in the French Third Republic, the predominantly party-biased way of running the affairs of state.
21
Gonçalves, Monique de Siqueira, and Tânia Bessone. "The Royal Portuguese Cabinet of Reading: a space for medical science in the 19th century." Almanack, no. 14 (December 2016): 241–86. http://dx.doi.org/10.1590/2236-463320161410.
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Abstract: This work presents an analysis on the role of the Royal Portuguese Cabinet of Reading during the second half of the 19th century regarding the collection and safekeeping of medical science books. By analyzing the books contained in the 1906 catalog by Ramiz Galvão (consisting of the institution's collection since 1837), we intend to understand the relative importance of the medical science collection found in the general collection of the Royal Portuguese Cabinet of Reading, and whether it was updated and relevant amidst the constitution of Brazil's medical science field. It is also intended to discover the preponderant idiom among its works and at which target audience they were aimed at, therefore, whether its guard matched the institution's outline of lusophone culture preservation.
22
NEGRETTO, GABRIEL L., and MARIANO SÁNCHEZ-TALANQUER. "Constitutional Origins and Liberal Democracy: A Global Analysis, 1900–2015." American Political Science Review 115, no. 2 (January 19, 2021): 522–36. http://dx.doi.org/10.1017/s0003055420001069.
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A strong tradition in democratic theory claims that only constitutions made with direct popular involvement can establish or deepen democracy. Against this view, we argue that new constitutions are likely to enhance liberal democracy when they emerge through a plural agreement among political elites with distinct bases of social support. Power dispersion during constitution writing induces the adoption of institutions that protect opposition forces from the arbitrary use of executive power without unduly impairing majority rule. However, since incumbents may renege on the bargain, the democratizing effect of politically plural constitutional agreements is likely to be larger in the short term, when the identity of negotiating political forces and the balance of power between them tend to remain stable. We find support for these arguments using an original global dataset on the origins of constitutions between 1900 and 2015 and a difference-in-differences design.
23
Negretto, Gabriel. "Constitution-making and liberal democracy: The role of citizens and representative elites." International Journal of Constitutional Law 18, no. 1 (January 2020): 206–32. http://dx.doi.org/10.1093/icon/moaa003.
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Abstract This article discusses the impact of citizen participation and elite cooperation in constitution-making on the deepening of an already existing electoral democracy. It argues that while direct citizen involvement in the drafting of constitutions may be desirable on normative grounds or necessary for pragmatic reasons, only cooperation among a plurality of elected political representatives at the constitution-making stage is likely to improve the liberal dimension of democracy after the enactment of the new constitution. Inclusive constitutional agreements at the level of representative elites not only establish legal limits on state action but may also provide opposition parties and citizens alike with the means to make institutional constraints on executive power and civil liberties effective. This effect is usually observed during the early years of life of the new constitution, when the balance of power among the political forces that created the constitution tends to remain stable. I find preliminary support for this argument analyzing aggregate data and selected case studies from all episodes of democratic constitution-making in the world between 1900 and 2015.
24
Kayali, Hasan. "Elections and the Electoral Process in the Ottoman Empire, 1876–1919." International Journal of Middle East Studies 27, no. 3 (August 1995): 265–86. http://dx.doi.org/10.1017/s0020743800062085.
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The 1876 constitution and its reinstitution in 1908 have been acknowledged as landmarks in the historiography of the late Ottoman Empire. The promulgation of a constitution signified a critical political transformation despite the brevity of the First Constitutional Period (1876–78). During the next three decades of Sultan Abdülhamid's autocratic rule, the ultimately successful struggle to restore the constitution against the Sultan's relentless resistance became central to the political life of the empire. In 1908, the Young Turk Revolution inaugurated a decade of social and political change, the Second Constitutional Period.
25
Douwes, Dick, and Norman N. Lewis. "The Trials of Syrian Ismaʿilis in the First Decade of the 20th Century." International Journal of Middle East Studies 21, no. 2 (May 1989): 215–32. http://dx.doi.org/10.1017/s0020743800032293.
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In 1887 or 1888, a small group of Syrian Isma'ilis journeyed to Bombay to visit Sultan Muhammad Shah, the third Aga Khan, and on their return to Syria recognized him as their Imam. Unexpectedly in consequence, little more than a decade later, the religious leader of that section of the Isma'ili sect in Syria and a number of his followers found themselves arrested and imprisoned, accused of treason and other crimes. Their trials before criminal courts in Damascus lasted, intermittently, from 1901 until 1906, and before those trials were concluded, more men of their faith had been similarly accused, imprisoned, and put on trail. The persecution of the Isma'ilis only ended, and even then not completely, with the Ottoman constitutional revolution of 1908.
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Sweeney, James R., and Wythe Holt. "Virginia's Constitutional Convention of 1901-1902." American Journal of Legal History 36, no. 2 (April 1992): 204. http://dx.doi.org/10.2307/845858.
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Julia, Dominique. "La Révolution, l'Église et la France (Note critique)." Annales. Histoire, Sciences Sociales 43, no. 3 (June 1988): 761–70. http://dx.doi.org/10.3406/ahess.1988.283517.
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Voici une synthèse qui pour longtemps servira d'ouvrage de référence dans l'historiographie religieuse de la Révolution française. Depuis l'article de Philippe Sagnac paru en 1906 dans la Revue d'Histoire moderne et contemporaine qui tentait la première enquête statistique sur le serment à la Constitution civile du clergé, aucun historien n'avait eu le courage de revisiter dans son intégralité cet ample dossier. Sans doute, depuis cette date, les monographies érudites provenant pour la plupart de savants ecclésiastiques — telles celle de l'abbé Emile Sevestre pour la Normandie, de l'abbé Pierre Lesprand pour la Moselle, ou, tout dernièrement celle du chanoine Pierre Flament pour l'Orne — se sont-elles multipliées, apportant précisions, corrections et compléments à ce tableau d'ensemble. Sans doute aussi, dès 1969, Bernard Plongeron avait-il plaidé pour un réexamen attentif de l'ensemble des serments demandés au clergé sous la Révolution française, demandant que l'on tienne précisément compte de la chronologie mais aussi des « implications politiques, théologiques, pastorales, économiques et territoriales » des prestations de serment. Son vœu aura finalement été entendu par un historien d'outre-Atlantique qui a su associer avec bonheur une érudition sans failles, une maîtrise de cet outil désormais indispensable qu'est l'ordinateur, et une ingéniosité subtile dans l'interprétation.
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Picot, Nicole. "La sous-section des bibliothèques d’art de l’Association des Bibliothécaires Français a trente ans." Art Libraries Journal 23, no. 3 (1998): 32–37. http://dx.doi.org/10.1017/s0307472200011123.
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L’Association des Bibliothécaires Français est la plus ancienne association de bibliothécaires en France. Elle fut fondée en 1906 et reconnue d’utilité publique en 1969. Elle compte environ 3 800 adhérents répartis dans deux sections: Bibliothèques d’ étude et recherche et Bibliothèques publiques. Les bibliothèques d’art représentent une sous-section des bibliothèques d’étude et recherche au même titre que la BnF, les bibliothèques spécialisées, les bibliothèques universitaires, les bibliothèques de musique. Le dynamisme et la spécificité des bibliothèques d’art ont nécessité la constitution de cette ‘sous-section’.Notre première réunion eut lieu à la bibliothèque de l’École nationale supérieure des beaux-arts de Paris, le 16 novembre 1967, à l’initiative de 24 bibliothécaires d’art et historiens d’art. Grâce à la clairvoyance de tous ses membres et à l’enthousiasme de Suzanne Damiron, Jacqueline Viaux, Huguette Rouit, Denise Gazier, Geneviève Bonté, Annie Jacques, Catherine Schmitt, cette sous-section a affirmé sa personnalité. Elle est maintenant riche de plus de 130 membres. Nos thèmes de réflexion sont toujours d’actualité: coordination des acquisitions et des échanges, réalisation de répertoires, de catalogues collectifs, enrichissement de l’indexation, affinement des systèmes de classification, évaluation des ouvrages de référence, pédagogie de l’accueil des lecteurs.
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Chernozhukov, Aleksey S. "The activity of the Union of Unions in the period of the Russian Revolution of 1905." Vestnik of Kostroma State University, no. 4 (2019): 37–40. http://dx.doi.org/10.34216/1998-0817-2019-25-4-37-40.
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The article deals with the activities of the Union of Unions during the Russian revolutionary unrest in 1905-1907. The author focuses on the fact that the organisation consisted of united various socio-political unions and was aimed at the fighting for the convocation of the Constituent Assembly and for universal suffrage. The main attention in the article is paid to the decisions of the delegate congresses of the Union, which took place during 1905-1906. The association was headed by Pavel Milyukov, who had always regarded the Union as a prototype of the future party of constitutional democrats. The author gives a generalised description of the Union’s initiatives to boycott the elections to the first State Duma, to participate in the all-Russia political strike and the December armed uprising in the fall of 1905. The article traces the difficult relationship of zemstvos and the Union of Unions, which failed to determine its position in relation to them. As a result, the author makes a conclusion that during the recession of the revolution, the Union of Unions ceased to carry out active work and gradually disintegrated, it had failed to find its place among revolutionary organisations.
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Baburin, Sergey Nikolaevich. "ON SOCIAL VALUE: INFLUENCE OF THE ROMAN RIGHT ON RUSSIAN CONSTITUTIONALISM." Herald of Omsk University. Series: Law 17, no. 1 (June 1, 2020): 5–14. http://dx.doi.org/10.24147/1990-5173.2020.17(1).5-14.
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Introduction. The article raises the problem of the influence of Roman law on Russian constitutionalism and the formation of social values based on this influence of the modern legal culture of Russia. Purpose. The author aims to assess the impact of Roman law on Russian constitutionalism and its social value. Methodology. Methods of analysis and synthesis, dialectical logic, comparative-historical and formal-legal are used. Results. The thesis is argued that the ideas and approaches of Roman law retain social value, but their application is fruitful only in harmony with the spiritual and moral foundations of the corresponding legal culture. The absolute belief in the law as a phenomenon of social planning and a tool for compromise between different parts of society, inherited from Roman law, formed the Romano-German and Anglo-Saxon worldview, but does not take root in Russian legal culture. Modern Russian constitutionalism, following the tradition of Roman law, is based on norms-principles, norms-goals and norms-symbols that perform the social function of the highest legal indicator and play an important predictive role. But misconceptions about the universalism of Roman law lead to civilizational breakdowns of peoples. In Russian constitutionalism, breaks occurred during the constitutional reforms of 1906, 1936, and 1993, which created social deformations and created legal and political preconditions for the destruction of the nation. Thus, the Constitution of the USSR 1936, first by copying the current European bourgeois electoral system, abandoned the system of multi-level congresses of Soviets, more respondents Roman and Russian traditions Council and people's Assembly. Among the important results of the study is the conclusion that the social value of Roman law in Russian constitutionalism covers the moral mission of Roman law and a high assessment of the normative value of the heritage of Roman law. Conclusion. The author concludes that Roman law has a social value for States with a traditionally communal identity as a source of effective legal structures and a model for studying; that Russian constitutionalism, which three times, in 1906, 1936 and 1993, departed from its cultural and historical traditions of organizing state management of society, again tries to build modern political and legal institutions on the basis of Roman legal dogma, while Russian legal culture excludes law from the field of sacred law. The social value of Roman law in the modern era lies in the fact that without a well-thought-out and coordinated support by the entire world community on its public-legal and private-law traditions and institutions, the evolutionary transition of mankind to the sustainable development of society is impossible.
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Martens, Allison M. "Working Women or Women Workers? The Women's Trade Union League and the Transformation of the American Constitutional Order." Studies in American Political Development 23, no. 2 (September 25, 2009): 143–70. http://dx.doi.org/10.1017/s0898588x09990034.
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Labor, gender and, class have each been identified as important reconstructive forces of the American constitutional order, but rarely has a single organization provided an opportunity to directly study the interrelationship of all these forces during a critical period of constitutional change. This article examines one such organization during the years leading up to the New Deal: The Women's Trade Union League. The WTUL, which uniquely mixed middle-class and working-class membership, was founded in 1903 to facilitate trade union organizing by women. Its labor approach, however, would ultimately fail, pushing the league to more fully embrace its connections to the middle-class leadership of the women's movement, thereby transforming its strategic approach and constitutional outlook away from the anti-statist voluntarism of the labor movement to the pragmatic and statist maternalism of the women's movement. The WTUL would subsequently become an important contributor to the legislative program of progressive reformers flourishing during this period under the gendered exception to free contract liberty won inMuller v. Oregonin 1908. This strategic organizational transformation would create tensions within the league and between the league and women workers, as well as invite constitutional consequences for women workers that would resonate for years, long past the constitutional revolution of 1937 and the apparent constitutional reintegration of male and female labor. This case study, therefore, provides a unique lens through which to view not only the constitutional tradeoffs of the adoption of the gendered Constitution as an alternative to the labor Constitution, but also the impact of the resource-conscious decision making of social-movement actors that is often overlooked by constitutional scholars preoccupied with judicial decision making.
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Batakovic, Dusan. "On parliamentary democracy in Serbia 1903-1914 political parties, elections, political freedoms." Balcanica, no. 48 (2017): 123–42. http://dx.doi.org/10.2298/balc1748123b.
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Parliamentary democracy in Serbia in the period between the May Coup of 1903 and the beginning of the First World War in 1914 was, as compellingly shown by the regular and very detailed reports of the diplomatic representatives of two exemplary democracies, Great Britain and France, functional and fully accommodated to the requirements of democratic governance. Some shortcomings, which were reflected in the influence of extra-constitutional (?irresponsible?) factors, such as the group of conspirators from 1903 or their younger wing from 1911 (the organisation Unification or Death), occasionally made Serbian democracy fragile but it nonetheless remained functional at all levels of government. A comparison with crises such as those taking place in, for example, France clearly shows that Serbia, although perceived as ?a rural democracy? and ?the poor man?s paradise?, was a constitutional and democratic state, and that it was precisely its political freedoms and liberation aspirations that made it a focal point for the rallying of South-Slavic peoples on the eve of the Great War. Had there been no firm constitutional boundaries of the parliamentary monarchy and the democratic system, Serbia would have hardly been able to cope with a series of political and economic challenges which followed one another after 1903: the Tariff War 1906-11; the annexation of Bosnia-Herzegovina 1908/9; the Balkan Wars 1912-13; the crisis in the summer of 1914 caused by the so-called Order of Precedence Decree, i.e. by the underlying conflict between civilian and military authorities. The Periclean age of Serbia, aired with full political freedoms and sustained cultural and scientific progress is one of the most important periods in the history of modern Serbian democracy.
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Tapper, Richard. "Raiding, reaction and rivalry: The Shāhsevan tribes in the constitutional period." Bulletin of the School of Oriental and African Studies 49, no. 3 (October 1986): 508–31. http://dx.doi.org/10.1017/s0041977x00045079.
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The Shāhsevan tribes of Azarbayjan were involved in various important events during the Constitutional period. In spring 1908, border incidents in Shāhsevan territory, between tribesmen and Russian frontier guards, provided the Russians with a pretext for military intervention in Azarbayjan on a scale which hastened the fall of the Constitutionalist government in Tehran. During the winter of 1908–9, there were some Shāhsevan among the reactionary forces which besieged Tabrīz. In late 1909 most of the Shāhsevan chiefs joined a Union of tribes of eastern Azarbayjan, which proclaimed opposition to the Constitution and the intention of marching on Tehran and restoring the deposed Muḥammad 'Alī Shāh. They plunde ed Ardabīl, receiving wide coverage in the European press, but were soon subdued by Nationalist forces during that winter and spring 1910. Subsequently the Shāhsevan were regarded as dangerous potential support for muḥammad 'Ali, while the main activity of their warriors was resistance to the occupying Russian forces.
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Kirkwood, Patrick M. "Alexander Hamilton and the Early Republic in Edwardian Imperial Thought." Britain and the World 12, no. 1 (March 2019): 28–50. http://dx.doi.org/10.3366/brw.2019.0311.
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In the first decade of the twentieth century, a rising generation of British colonial administrators profoundly altered British usage of American history in imperial debates. In the process, they influenced both South African history and wider British imperial thought. Prior usage of the Revolution and Early Republic in such debates focused on the United States as a cautionary tale, warning against future ‘lost colonies’. Aided by the publication of F. S. Oliver's Alexander Hamilton (1906), administrators in South Africa used the figures of Hamilton and George Washington, the Federalist Papers, and the drafting of the Constitution as an Anglo-exceptionalist model of (modern) self-government. In doing so they applied the lessons of the Early Republic to South Africa, thereby contributing to the formation of the Union of 1910. They then brought their reconception of the United States, and their belief in the need for ‘imperial federation’, back to the metropole. There they fostered growing diplomatic ties with the US while recasting British political history in-light-of the example of American federation. This process of inter-imperial exchange culminated shortly after the signing of the Treaty of Versailles when the Boer Generals Botha and Smuts were publicly presented as Washington and Hamilton reborn.
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Peza, Majlinda. "Reflections on Movement Patriotic in Elbasan in the Years 1909-1910." European Journal of Interdisciplinary Studies 1, no. 1 (April 30, 2015): 117. http://dx.doi.org/10.26417/ejis.v1i1.p117-122.
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The development of education in the Albanian territories under Ottoman Empire witnessed a rapid evolution after the announcement of Hyrjetit (the Turkish Constitution of 1908). Thus, in the years 1909-1910 patriotic movement in the Albanian territories will mark a new phase of her, revealed at the opening of schools and courses in Albanian language in the new conditions of constitutional freedoms. In this period, through the organization of the Congress of Monastir displayed in 1908, was unveiled final resolution of the case and the use of a common alphabet writing Albanian language. But despite such a situation, Albanians will not enjoyed for a long period of so-called constitutional freedom. The Young Turks (Young Turks) newly consolidated their political positions in the Ottoman Empire, tried with any form to prevent the spread of great little bit he received learning Albanian. In the years 1909 - 1910, the Albanian National Movement difficulties faced even greater. Through this work we aim to highlight not only the achievements of the patriotic movement in the region of Elbasan Albanian education center, but most are focused on coverage of issues; obstacles and difficulties faced by the patriotic movement in this region in the years 1909-1910. The Young Turks use of all forms and, using all opportunities to curb educational movement in the region of Elbasan, using new tactics more sophisticated you put sticks under the Elbasan Patriots wheels. But it must be said that at the same time, taking advantage of the weaknesses of the Albanian patriotic movement, contradictions and differences that existed between the Albanian political elite of the time. Meanwhile, in moments when new tactics did not give the expected result, they turned to old methods of violence and terror.
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Cassidy, Julie. "Hollow Avowals of Human Rights Protection - Time for an Australian Federal Bill of Rights?" Deakin Law Review 13, no. 2 (December 1, 2008): 131. http://dx.doi.org/10.21153/dlr2008vol13no2art162.
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<p>Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is<br />unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however,<br />important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for<br />reform; specifically how a federal bill of rights may address the paucity of constitutional protection.</p>
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Martin, Vanessa. "Les Mouvements Révolutionnaires et la constitution de 1906 En Iran. By Djafar Shafiei-Nasab. (Islamkunliche Untersuchungen, Band 142.) pp. xii, 693, Berlin, Klaus Schwarz Verlag. 1991." Journal of the Royal Asiatic Society 3, no. 1 (April 1993): 127–28. http://dx.doi.org/10.1017/s1356186300003825.
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Stuckenberger, A. Nicole. "Sociality, temporality and locality in a contemporary Inuit community." Études/Inuit/Studies 30, no. 2 (February 7, 2008): 95–111. http://dx.doi.org/10.7202/017567ar.
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Abstract Mauss (1906) suggested that, as a principle of Inuit society, the seasonal societal dichotomy takes shape in movements of population concentration and dispersal into small family groups following the annual migration of game. He argued that these movements and the various social modes thus created inseparably connect temporal, spatial, social, moral, legal, and spiritual dimensions in the construction of Inuit nomadic society. In the mid 20th century, the mass and density of Inuit settlement population changed drastically. Inuit groups moved to permanent settlements that were developed and structurally based on Western models of sedentary community life. Under these changed social and physical conditions, does movement and seasonal variations in group composition, and in ways of life, continue to be a central component of Inuit society? Ethnographic evidence from Qikiqtarjuaq (Nunavut) suggests that Inuit integrate modern ways of life into a nomadic lifestyle thus creating, in analogy to Mauss’s model, a continuation of variation in lifestyles and values depending on contexts. This article aims to substantiate and elaborate on this claim of continuity. It makes use of Mauss’s model as a heuristic lens for studying social change in respect to the association of practices and perceptions of seasonal movement in present day Inuit society; thus asking the question: are seasonally varying social modes and associated values part of today’s Inuit community constitution?
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Jacobson, Michael, and Marc McDill. "A Historical Review of Forest Property Taxes in Pennsylvania: Implications for Special Forestland Tax Programs." Northern Journal of Applied Forestry 20, no. 2 (June 1, 2003): 53–60. http://dx.doi.org/10.1093/njaf/20.2.53.
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Abstract Since the late 19th century, many states have offered tax relief to forest owners. Pennsylvania has had three special forest tax programs. The first, passed in 1887, was a rebate to forest landowners and was intended to slow forest exploitation. In 1906, a county court ruled that the rebates violated the state's constitution. In 1913, the state passed a yield tax law to encourage second-growth timber management. In 1939, this tax was also declared unconstitutional. Regardless of their constitutionality, few acres were ever enrolled in either program because of administrative barriers to participation, landowners' fears of giving up too much control of their land, lack of publicity, and lack of clear benefits to landowners. The current law, passed in 1974, allows for current use assessment for farm and forestland. This program, known as Clean and Green, is intended to protect open space. Although there were 2,350,123 ac of forestland in 29 counties enrolled in the Clean and Green program in 2000, and in spite of changes made in the late 1990s, concerns remain about the effectiveness and fairness of the program. Attempts to modify both past and current programs have failed to address the program's most significant problems. Perhaps it is time to rethink our entire approach to forestland taxation. North. J. Appl. For. 20(2):53–60.
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Pavlovic, Djordje. "Constitution of the Kingdom of Serbia of 1901." Zbornik Matice srpske za drustvene nauke, no. 144 (2013): 509–22. http://dx.doi.org/10.2298/zmsdn1344509p.
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The Constitution of the Kingdom of Serbia of 1901 is usually perceived from the standpoint of prejudices against the whole rule of King Aleksandar Obrenovic or from the standpoint of his short implementation. This constitutional text should be, however, interpreted in accordance with the political situation in which it was implemented. This constitution was systematically supported by Progressive party, and it had relevant impact on the political life of the Kingdom. Therefore this paper presents the text, its implementation and main laws regarding important political questions.
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Pavlović, Marko. "Ustavotvorstvo pre 100 godina: štampa prema Vidovdanskom ustavu." Anali Pravnog fakulteta u Beogradu 69, no. 2 (June 18, 2021): 341–61. http://dx.doi.org/10.51204/anali_pfbu_21202a.
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In the article, published on the occasion of the 100th anniversary of the enactment of the St. Vitus Day Constitution, the author deals with one of the key institutes of this document – freedom of the press. Based on discussions in the Constitutional Committee and the plenum of the Constituent Assembly, he concludes that the provisions of the St. Vitus Day Constitution on the press were created by the autocratization of certain provisions of the Constitution of Serbia of 1903. The article especially analyzes the restrictions of the press introduced by the transitional orders of the St. Vitus Day Constitution, through circumventing censorship and incrimination of “religious or tribal discord or hatred against the state”.
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Vallikivi, Hannes. "Kodanikuõiguste peatükk Eesti 1919. aasta ajutises põhiseaduses [Abstract: Civil Rights Chapter in Estonia’s 1919 Preliminary Constitution]." Ajalooline Ajakiri. The Estonian Historical Journal, no. 3/4 (June 16, 2020): 293–330. http://dx.doi.org/10.12697/aa.2019.3-4.01.
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Many of the new states that emerged or reconstituted themselves after the First World War used declarations of independence or preliminary constitutions, or both, as organic law until the adoption of a permanent constitution. The majority of those documents did not address the civil and political rights of citizens (e.g. Germany, Ireland) or did so very briefly (e.g. Austria, Czechoslovakia, Georgia, Latvia). Estonia stood out by having a whole chapter dedicated to civil rights in its preliminary constitution.
The Preliminary Constitution of Estonia (valitsemise ajutine kord) was adopted by the Constituent Assembly (Asutav Kogu) on 4 June 1919, only six weeks after the Assembly first convened on 23 April 1919. The Constituent Assembly was elected and worked on the Preliminary Constitution at the time of the War of Independence between Estonia and Soviet Russia. Strong left-wing sentiment in the country’s society was reflected in the composition of the Assembly: social democrats held 41 seats, the Labour Party (tööerakond) held 30 seats, and Socialist-Revolutionaries (esseerid) held seven seats, together accounting for 65 per cent of the total 120 seats. The centrist People’s Party (rahvaerakond) led by the journalist and renowned politician Jaan Tõnisson had 25 seats, the centre-right Rural League (maaliit) led by another prominent politician and lawyer Konstantin Päts had only seven seats, the Christian People’s Party had five seats, three seats belonged to representatives of the German minority, and one seat went to the Russian minority. Similar proportions were reflected in the 15-member Constitution Committee that was elected on 24 April 1919.
The first draft of the Preliminary Constitution, and of the Civil Rights Chapter as part of it, was allegedly prepared by a young legal scholar named Jüri Uluots. Uluots was a member of the Special Committee that was already convened by the Provisional Government in March of 1919 before the election of the Constituent Assembly. The Special Committee was composed of eight lawyers, each of whom was appointed by one of the major political parties. It was assigned the task to provide first drafts of the provisional and permanent constitutions. The Committee fulfilled only the first task. Due to disagreements in the Special Committee, the draft Preliminary Constitution was submitted to the Assembly without the Civil Rights Chapter.
The Constituent Assembly processed the Preliminary Constitution Bill very quickly. The Assembly and its committees worked six days a week. It took about three weeks for the Constitution Committee to modify the Bill and submit it to the plenary session of the Assembly on 18 May 1919. The plenary session read the Bill three times and adopted it on 4 June 1919. The Preliminary Constitution entered into force on 9 July 1919 and was in force until 21 December 1920, when Estonia’s first Constitution entered into full force.
The Committee spent considerable time on discussing the Civil Rights Chapter. Although concerns were expressed that the Committee was losing time with such discussions and suggestions were made to develop the chapter later as part of the permanent Constitution, the majority of the Committee deemed it important to also address civil rights in the Bill. Uluots, who had been elected to the Assembly as a candidate of the Rural League and was also a member of the Committee, submitted his draft Civil Rights Chapter to the Committee.
Four out of eight sections in the Uluots draft found their way into the Chapter. These included equality before the law, civil and political rights and freedoms, and extraordinary restrictions. Sections regarding the right to participate in politics and the duty to obey the law (including military duty and the duty to pay taxes) were rejected at the plenary session, and the section regarding the right to private property was already omitted by the Committee. Also, the Committee preferred the social security provision proposed by the leader of the Socialist-Revolutionary Party, the schoolmaster Hans Kruus, to the one included in the Uluots draft. The Committee added a new provision concerning education and rejected the right to choose occupations and engage in business proposed by a People’s Party member, the military officer Karl Einbund, and a provision entitling citizens to bring criminal charges against corrupt officials proposed by the social democrat, lawyer and journalist Johan Jans.
The first section of the Uluots draft declared all citizens equal before the law. Disputes arouse over the second sentence of the provision. Uluots had proposed that all property and other rights relating to social ranks (the privileges of the nobility) should be abolished. The social democrats (Jans, the writer Karl Ast and others) demanded that privileges and titles should be abolished immediately. Their more moderate opponents (Uluots, Tõnisson, Westholm and others) feared that this would create a legal vacuum in property, inheritance and matrimonial rights. The majority of the Assembly supported the more radical approach and declared that there are no privileges and titles relating to ranks in Estonia. The law implementing the abolition was adopted a year later, in June of 1920.
The school headmaster Jakob Westholm, a member of the People’s Party, and Villem Ernits, a social democrat, proposed that the Committee should include a provision concerning education. Their original proposal was scaled back by omitting the duration of mandatory elementary education and by deleting the right to free secondary and university education for talented students. The Preliminary Constitution eventually stipulated (§ 5) that education is compulsory for school age children and is free in elementary schools, and that every citizen is entitled to education in his/her mother tongue. The Committee combined civil and political rights, which were originally in two separate provisions in the Uluots draft, into one section (§ 6) stipulating that the inviolability of the person and home, secrecy of correspondence, freedom of conscience, religion, expression, language, press, assembly, association, and movement can only be restricted in accordance with the law. There were no disputes over the provision in the Committee or at the plenary session.
The Committee preferred the proposal made by Kruus as the basis for further discussions on social security: “Every citizen will be guaranteed a decent standard of living according to which every citizen will have the right to receive the goods and support necessary for the satisfaction of his/her basic needs before less urgent needs of other citizens are satisfied. For that purpose, citizens must be guaranteed the obtaining of employment, the protection of motherhood and work safety, and necessary state support in the case of youth, old age, work disability and accidents.” While the last part of Kruus’ proposal was similar to Uluots’ draft and the term “decent standard of living” resembled the German menschenwürdiges Dasein (later adopted in Article 151 of the Weimar Constitution), the origin of the middle part of the provision remains unclear. The social security provision was by far the most extensively debated provision of the Chapter. The main issue was the state’s ability to fulfil its promises and whether social security should take the form of direct allowances or mandatory insurance.Views diverged even within the same parliamentary groups. The Committee replaced “will be guaranteed” with the less imperative “must be guaranteed in accordance with the law”. As a compromise, it deleted the middle part guaranteeing satisfaction of basic needs since it was deemed ‘too communist’ for many members. The plenary session supported adding the right to acquire land for cultivation and dwelling in the second sentence of the provision (§ 7) just before the adoption of the Bill.
The last section in the Chapter (§ 8) provided that extraordinary restrictions of the rights and freedoms of citizens and the imposition of burdens come into force in the event of the proclamation of a state of emergency on the basis and within the limits of the corresponding laws. In the course of the discussions led by the lawyer and member of the Labour Party, Lui Olesk, the Committee turned the original general limitations clause into an emergency powers clause resembling similar provisions in the Russian Constitution of 1906 (Article 83) and the Austrian Basic Law on the General Rights of Nationals of 1867 (Article 20).
Uluots urged the Committee to include protection of private property in the Bill as a safeguard against tyranny. The provision caused long and heated debates on the limits to nationalisation of private property, especially the principle of fair compensation. The provision was rejected by the majority of both the Committee and the plenary session. In anticipation of land reform, the deputies did not want to narrow down legal options for the expropriation of large estates owned mostly by the German nobility. After their defeat on the protection of private property, the right-wing members wished to protect freedom to choose an occupation and engage in business, trade, industry and agriculture. The majority refused again, arguing that during the war, there had been too much profiteering, and speculators do not deserve protection, and also that the government should have free hands to regulate industry.
Without any long deliberations, the Committee also rejected the proposal to allow citizens to sue civil servants in criminal courts. Jans defended his proposal by pointing out the high level of corruption among officials and the need to provide the people with a means for self-defence. His opponents argued that Estonia had already set up administrative courts in February of 1919, providing citizens with an avenue for challenging the corrupt practices of officials.
Committee and Assembly members also discussed the legal nature of the fundamental rights and freedoms included in the Bill. Some social democrats deemed it important to craft the provisions as guarantees that citizens can enforce against the state (Jans), but the majority deemed the provisions as political guidance for the legislator. Supporters of the latter view were afraid that direct enforceability of the Civil Rights Chapter would saddle the government with an unsurmountable economic burden. The state’s only directly binding obligation was probably the right to free elementary education.
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Pérez-Liñán, Aníbal, and Andrea Castagnola. "Judicial Instability and Endogenous Constitutional Change: Lessons from Latin America." British Journal of Political Science 46, no. 2 (September 4, 2014): 395–416. http://dx.doi.org/10.1017/s0007123414000295.
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Legal scholars frequently advocate institutional reforms to modernize the judiciary and promote judicial independence. However, constitutional reforms also offer an opportunity for politicians to reshuffle the high courts. The negative consequences of constitutional change for judicial stability are explored using an original database of Supreme Court and Constitutional Tribunal members in eighteen Latin American countries between 1904 and 2010. Because unobserved factors potentially explain constitutional replacement as well as judicial turnover, a two-stage event-history model has been employed. The analysis integrates two literatures, studies of constitution-making and studies of judicial politics. The results show that constitutional change is a significant cause of judicial instability and court manipulation, even after potential endogeneity has been taken into account.
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Saunders, Cheryl. "Australian Federalism and the Role of the Governor-General." International Journal of Legal Information 28, no. 2 (2000): 407–23. http://dx.doi.org/10.1017/s0731126500009185.
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Australia is both a federation and a constitutional monarchy. The Commonwealth of Australia Constitution Act 1900, which made the Australian Constitution law, refers to the establishment of the federation “under the Crown of the United Kingdom of Great Britain and Ireland.” In fact, however, since 1973, the appropriate style of the monarch in relation to Australia has been “Queen of Australia.” And ever since federation, the monarch has been represented in Australia by a Governor-General, who progressively has acquired a more significant role, in parallel with the acquisition of Australian independence.
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FULLER, C. J. "Anthropologists and Viceroys: Colonial knowledge and policy making in India, 1871–1911." Modern Asian Studies 50, no. 1 (October 13, 2015): 217–58. http://dx.doi.org/10.1017/s0026749x15000037.
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AbstractThe anthropology of caste was a pivotal part of colonial knowledge in British India in the late nineteenth and early twentieth centuries. Denzil Ibbetson and Herbert Risley, then the two leading official anthropologists, both made major contributions to the study of caste, which this article discusses. Ibbetson and Risley assumed high office in the imperial government in 1902 and played important roles in policy making during the partition of Bengal (1903–5) and the Morley-Minto legislative councils reforms (1906–9); Ibbetson was also influential in deciding Punjab land policy in the 1890s. Contemporary policy documents, which this article examines, show that the two men's anthropological knowledge had limited influence on their deliberations. Moreover, caste was irrelevant to their thinking about agrarian policy, the promotion of Muslim interests, and the urban, educated middle class, whose growing nationalism was challenging British rule. No ethnographic information was collected about this class, because the scope of anthropology was restricted to ‘traditional’ rural society. At the turn of the twentieth century, colonial anthropological knowledge, especially about caste, had little value for the imperial government confronting Indian nationalism, and was less critical in constituting the Indian colonial state than it previously had been.
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Buzás, György Miklós. "The role ofOrvosi Hetilapin the development of Hungarian gastroenterology. Part 2: 1905–1944." Orvosi Hetilap 149, no. 14 (April 2008): 655–63. http://dx.doi.org/10.1556/oh.2008.28288.
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The editions of Orvosi Hetilap published between 1857 and 1905 covered most of the contemporary aspects of digestive diseases. Most of knowledge was transferred from German, French and English literature. Aim: Evaluation of the papers dealing with the diseases of the gastrointestinal tract published in Orvosi Hetilap between 1905 and 1944. Method: The author manually reviewed the journal volumes published between 1905 and 1944. The original articles, journal and book reviews were identified and classified according to their subject and origin. The rate of publications of the editorial periods (1857 and 1904 vs 1905 and 1944) was statistically compared with that of certain historical periods (World Wars I and II, the years following the Trianon treaty). Results: Between 1905 and 1944, a total of 1101 original articles were publised about the diseases of the gastrointestinal tract, constituting 10.3% of the total publications. The rate of publications was decreased during World Wars I and II and the years following the Trianon treaty. The most studied diseases were that of the stomach and duodenum (21%), while hepatologic studies accounted for 16.4%. The proportion of basic science studies (anatomy, pathology, physiology) decreased to 3%. Endoscopy was studied in only 1.4% of the publications, while gastrointestinal radiology, as a newcomer, achieved a figure of 3.2%. 1695 publications were reviewed from 112 journals, constituting a significant increase as compared to the previous period. 74.6% of the reviews were published in 15 core journals. 57.1% of the journals were German, 19.6% were English/American and 16.9% French, showing the persistence of the major German influence. The number of book reviews slightly decreased from 116 to 95. Peptic ulcers were the most studied disease of the period and several alternative treatments were tried, all of which are now obsolate. Conclusion: The rate of gastroenterologic publications in Orvosi Hetilap increased considerably in 1905–1944, as compared to the prior period. The main sources of knowledge remained the German literature. Diseases of the stomach and duodenum, including peptic ulcers, were studied in most detail. The development of endoscopy was overshadowed by the emergence of radiology.
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Stevens, Tracey, and George Williams. "A Supreme Court for the United Kingdom? A view from the High Court of Australia." Legal Studies 24, no. 1-2 (March 2004): 188–209. http://dx.doi.org/10.1111/j.1748-121x.2004.tb00247.x.
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The High Court created by Australia's 1901 Constitution first sat on 6 October 1903. A century on, it is an apt time to consider how the record of the Court can contribute a different perspective to the debate over a possible Supreme Court for the United Kingdom. Of course, it cannot be assumed that common views are held of this record. Indeed, the role of the High Court and its place in the Australian political system remains hotly contested.
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Solovyov, Kirill A. "The Political Doctrine of Feodor Samarin." Almanac “Essays on Conservatism” 54 (May 20, 2019): 391–98. http://dx.doi.org/10.24030/24092517-2019-0-2-391-398.
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The article is devoted to the political views of F.D. Samarin, his conception of the political system in Russia before 1905, constitutional reforms of 1905–1906 and Stolypin’s reforms. The author demonstrates how Samarin tried to adopt the Slavophile doctrine to the situation of the beginning of the 20th century. At that he had to carry on polemics both with the opponents of the Slavophilism and its supporters. On the one hand, this fact stresses Slavophilism diversity and its inner heterogeneity. On the other hand, it shows the nature of the Slavophile doctrine itself that resembled more the historiographic approach to researching the past than a well-structured political conception. Giving meaningful political content to Slavophile ideas depended fully on every single representative of the Slavophile intellectual heritage.
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Gageler, Stephen. "Sir Robert Garran: Medio Tutissimus Ibis." Federal Law Review 46, no. 1 (March 2018): 1–17. http://dx.doi.org/10.22145/flr.46.1.1.
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Sir Robert Randolph Garran (10 February 1867-11 January 1957) played a unique role in the early development of the Commonwealth. As Secretary to the Drafting Committee of the Australasian Federal Convention of 1897 and 1898, he was intimately involved in the process by which the Australian Constitution was produced. As Secretary of the Attorney-General's Department from 1901 to 1932, he was responsible for drafting foundational Commonwealth legislation and he played a key part in establishing coherent interpretations of the Constitution in advice to successive Federal Governments. Three aspects of Garran's life and work are explored in this article: the popular movement which established the process by which the Constitution was negotiated, drafted, and submitted to referenda for approval; Garran's tenure and legacy as Secretary of the Attorney-General's Department; and Garran's views on federalism and constitutional law.
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Cole, Juan R. I., and Mangol Bayat. "Iran's First Revolution: Shi'ism and the Constitutional Revolution of 1905-1909." Journal of Interdisciplinary History 24, no. 3 (1994): 581. http://dx.doi.org/10.2307/206717.
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