Relevant bibliographies by topics / Constitutional law and political law

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Constitutional law and political law'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Constitutional law and political law"

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Frowein, JA. "Constitutional law and international law at the turn of the century." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2898.

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Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949) were influential. Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts. Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal. Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction. The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system. In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community ofnations. International law has also been instrumental in the worldwide recognition of human rights. Especially in Europe, Convention Law has had a strong impact. Furthermore, global and regional systems of regulation have tended to alter the legal attitude towards state sovereignty. It may be that the South African constitutional approach in terms of which international law is subject to constitutional and other national law, is not in line with international tendencies.
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van Caenegem, R. C. "Constitutional History: Chance or Grand Design?" European Constitutional Law Review 5, no. 3 (October 2009): 447–63. http://dx.doi.org/10.1017/s1574019609004477.

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Two interpretations of constitutional history: product of chance or of design – Written v. unwritten constitutions – Political and historical backdrop of constitutional development – Evolution of interpretation of specific constitutional texts – Chances of a global constitution
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Carcassonne, Guy. "France Conseil Constitutionnel on the European Constitutional Treaty. Decision of 19 November 2004, 2004-505 DC." European Constitutional Law Review 1, no. 2 (May 19, 2005): 293–301. http://dx.doi.org/10.1017/s1574019605002932.

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The only real surprise of the recent decision of the French Conseil constitutionnel [constitutional Council] concerning the compatibility between the European and the French Constitutions was the timing of it. According to Article 54 of the French Constitution, a treaty may be submitted for constitutional review at any time before ratification. In this instance, Jacques Chirac acted with unusual promptness, submitting his request on the very day the Treaty was signed, 29 October 2004. The Conseil itself reacted with equal speed, issuing its decision exactly three weeks later on 19 November 2004. Behind both courses of action lies the shadow of political concern related to the Socialist Party referendum on the European Constitution.
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Cheffins, Ronald I., and Patrick J. Monahan. "Constitutional Law." Canadian Public Policy / Analyse de Politiques 24, no. 3 (September 1998): 403. http://dx.doi.org/10.2307/3551982.

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Scott, Paul. "(Political) Constitutions and (Political) Constitutionalism." German Law Journal 14, no. 12 (December 1, 2013): 2157–83. http://dx.doi.org/10.1017/s2071832200002716.

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This paper responds to the conceptual inflation of constitutionalism in recent years by considering the relationship between constitutions and the specific concept of constitutionalism, seeking to establish the limits to the identification of the latter outside its traditional province. It considers both constitutions and constitutionalism in general terms, but seeks in particular to elucidate the relationship between the political constitution and political constitutionalism. This task requires an explanation of the law/politics divide and the paper argues for an institutional distinction between the two concepts, as opposed to one based upon the supposedly distinctive rationalities associated with law and politics. It grafts these categories onto a concept of constitutionalism characterized by a specific functional logic, whereby the same mechanisms that constitute power also limit that power. As such, it argues that to identify constitutionalism in contexts in which constitution and limitation occur separately—as in different layers of a multi-layered constitutional order—is mistaken. Constitutionalism is defined by this distinctive dualism, which in turn grants it its legitimating potential.In light of this definition of constitutionalism, the paper considers the relationship between law and politics within the constitutional order, offering three potential accounts of the connection between them. Amongst these, it endorses the idea that law and politics are necessarily linked: Within the democratic constitution, each frames the other such that legal requirements are the outcome of a political process which itself takes a form determined by law. The two phenomena are therefore inseparable; in a certain sense, all law is politics and all politics is law. The piece ends by suggesting that this claim is true where, and only where, the conditions laid down for constitutionalism hold true. Constitutionalism is a dualist phenomenon which, where it occurs, brings with it a highly particular melding of the legal and the political.
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Dugard, John. "South Africa: International Law Provisions of 1996 Constitution." International Legal Materials 36, no. 3 (May 1997): 744–58. http://dx.doi.org/10.1017/s0020782900016223.

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In 1993 the South African Parliament adopted an Interim Constitution which came into effect on April 27, 1994 [33 I.L.M. 1043 (1994)]. This Constitution, which brought to an end 40 years of apartheid, was negotiated by political groups which in most instances were unelected and simply reflected the political realities of the time. For this reason it was approved only as an Interim Constitution pending the adoption of a final Constitution by a democratically elected Parliament sitting as a Constitutional Assembly. However, as the 1993 Interim Constitution was a political compromise between rival groups, it was agreed that the final Constitution would have to comply with 34 Constitutional Principles contained in the 1993 Constitution and that a Constitutional Court would be empowered to pronounce on the compliance of the final Constitution with these principles.
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van Nifterik, Gustaaf. "French Constitutional History, Garden or Graveyard?" European Constitutional Law Review 3, no. 3 (October 2007): 476–87. http://dx.doi.org/10.1017/s1574019607004762.

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On 29 May 2005 the French said no to the draft of a European Constitution. And frankly, the French should know about constitutions! One can differ whether the history of France should be considered a fruitful garden of constitutional thought, a graveyard of constitutional experiments, a ‘musée des constitutions’, or a minefield; in any case it is beyond doubt that the French are rather experienced in constitutions and constitutional changes. Since the French Revolution in 1789, France has been a monarchy, a republic more than once, an empire twice and a constitutional monarchy in between; the nineteenth century shows the pattern monarchy, republic, empire; since 1958 the French live in their Fifth Republic.There is a lot to learn from the constitutional history (perhaps struggle is a better word in this context) of this important European country for any political entity in search of a proper constitution. Which constitutional institutions were a success, which were not; why did it or did it not work out the way it was planned?
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Tarr, G. Alan. "Civil Liberties Under State Constitutions." Political Science Teacher 1, no. 4 (1988): 8–9. http://dx.doi.org/10.1017/s0896082800000362.

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Ask most political scientists about constitutional law, and they will tell you about the Federal Constitution and its interpretation by the U.S. Supreme Court. Examine a text on American constitutional law, and you will likely find the same tendency to equate constitutional law with the U.S. Constitution. Even the recent campaign for constitutional literacy during the Bicentennial of the Constitution altogether ignored the most obvious gap in Americans' constitutional knowledge—namely, the virtually total ignorance about state constitutions.This inattention to state constitutions and state constitutionalism is unfortunate, because state constitutions are assuming an increasing importance in American politics. They have served as the incubators for institutional innovations that are now receiving national attention. President Reagan's proposals for a balanced budget amendment and for an item veto both had their origins in state charters. Moreover, because most state constitutions can be amended relatively easily, they have provided an alternative avenue by which groups that are blocked in the legislative process can pursue political change. California's Proposition 13 is a case in point. Finally, state constitutions have furnished the basis for probably the most significant development in civil liberties law over the past two decades, namely, the rediscovery of state bills of rights as independent protections for civil liberties.
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Hazri, Tengku Ahmad. "Constitutional Law as Ethico-Political Discourse." Islam and Civilisational Renewal 4, no. 2 (April 2013): 312–16. http://dx.doi.org/10.12816/0009749.

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Arjomand, Saïd Amir. "Law, Political Reconstruction and Constitutional Politics." International Sociology 18, no. 1 (March 2003): 7–32. http://dx.doi.org/10.1177/0268580903018001002.

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Dissertations / Theses on the topic "Constitutional law and political law"

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Vitale, David Anthony. "Political trust and the enforcement of constitutional social rights." Thesis, London School of Economics and Political Science (University of London), 2018. http://etheses.lse.ac.uk/3779/.

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This thesis addresses the long-debated question of courts’ proper role in enforcing constitutional social rights; and it does so from a new perspective – that of political trust. Its central argument is that the concept of political trust – as it has been conceptualised and theorised in the relevant social science literature – has normative potential for defining such a role for courts. Specifically, I argue that courts, in enforcing constitutional social rights, can, and should, use political trust as an adjudicative tool, employing it to develop a standard to which government, in its provision of social goods and services to the public, can and will be held. To make out this argument, I draw on both theoretical and empirical social science scholarship on trust and how it functions in contemporary societies. I suggest, based on that scholarship, that we can expect constitutional social rights adjudication by courts to be able to impact (and in the right circumstances, to foster) political trust. And following from this impact, in combination with the well-recognised value of political trust by social scientists as well as a host of other principled reasons, I make the claim that political trust can, and should, lie at the very centre of social rights enforcement by courts.
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Davis, Brigid M. "Liberalism and communitarianism in Puritan political thought /." Connect to online version, 2009. http://ada.mtholyoke.edu/setr/websrc/pdfs/www/2009/378.pdf.

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John, Mathew. "Rethinking the secular state : perspectives on constitutional law in post-colonial India." Thesis, London School of Economics and Political Science (University of London), 2011. http://etheses.lse.ac.uk/229/.

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This thesis examines the role of the secular State in the making of modern constitutional government in India and argues that the practice of constitutional secularism is an unrealised pedagogical project whose goal is the transformation of Indian society and its politics. Toleration is the core value defended by the liberal secular State and the Indian State is no exception; however, its institution in the Indian Constitution compels religious groups to reformulate their traditions as doctrinal truths. Through decisions of Indian courts I demonstrate that this is an odd demand made on non-Semitic traditions like Hinduism because even up the contemporary moment it is difficult to cast these traditions in terms of doctrinal truths. Though reformulated religious identities are occluded descriptions of Indian religious traditions, I argue that they have gained considerable force in contemporary India because they were drawn into constitutional government as the problem of accommodating minority interests. Accommodating minority identities was part of an explicitly stated pedagogical project through which the British colonial government was to steward what they supposed to be irreconcilably fragmented 'interests' that comprised Indian society towards a unified polity. Though the Indian Constitution reworked the politics of interests toward the amelioration of social and economic 'backwardness', I argue that the rights granted to the Scheduled Castes, Other Backward Classes, and Minorities continue to mobilise these groups as reformulated religious identities with associated interests. Thus as recognisably occluded accounts of Indian society, I demonstrate that reformed religious identities and indeed the practice of secular constitutionalism functions like a discursive veil that screens off Indian social experience from the task of generating solutions to legal and institutional problems.
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Dlamini, Lomakhosi G. "Socio-economic and political constraints on constitutional reform in Swaziland." University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4327_1197279930.

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This study looked at socio-economic and political constraints on constitutional reform in Swaziland, an independent state with a fully autonomous government that falls under the Monarch who is Head of State. Swaziland maintains strong economic and trading links with South Africa and also maintains such ties with other states, especially in the Southern African Development Community region. Up untill 1973, the country's constitution was Westminister based. This was evoked and replaced with a system designed to facilitate the practice of both western and traditional styles of government. This system incorporated the system known as Tinkhundla and provides for the people to elect candidates to be their parliamentary representatives for specific constituencies.

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Fuentes, Graciela. "Constitutional guarantees and normative limits to free communication." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26444.

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The purpose of this work is to analyze the principles of human rights theory underlying the protection of freedom of expression and the normative limits imposed on communication. The analysis involves those principles argued in American and Canadian judicial review.
The curtailment of sexual expression is at the core of the discussion of the nature of human beings and their relationship with the state power. By analyzing the way in which governments ban sexual messages, one can infer with a great degree of accuracy how they will react toward other forms of expression. This connection can be established because arguments justifying restrictions on pornography may be extended to justify prohibitions on other form of communication.
Inasmuch as freedom of expression meets the basic need for communication inherent to autonomous and morally responsible individuals, any restriction on it must stem from the principle that rights-protection is the highest value as supreme law rather than from a majority assertion of what is good for the individual and society as a whole.
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Williams, Matthew. "The language of legislation and the politicisation of British judges." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:31b03113-216f-4291-8635-aa4aa7e287f0.

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Over the course of the 20th and 21st Centuries the judiciary have increasingly made decisions that have affected the substantive content and the procedural implementation of public policy. The aim of this thesis is to provide an explanation for this political behaviour in judges by introducing the Legislative Politicisation of the Judiciary Theory to the debate. The theory proposes that the key independent causal variable is the language of Parliamentary legislation. The argument is that as legislation has been increasingly used to delegate power from Parliament to its various agents, the language used has become more indeterminate in order to enable discretion. Such indeterminacy creates an institutional problem where the orders of the sovereign Parliament are not clear, and to resolve this uncertainty in the Rule of Law the judges must intervene. The political behaviour of judges is therefore stimulated by a change in the legislative supply-side rather than a change in the behavioural demand-side, and the judges are acting as professional technocrats charged with ensuring the efficacious implementation of Parliamentary legislation. A new discourse analysis methodology has been created for this thesis that provides evidence of change in the language of legislation between 1920 and 2010. A total of 8,328 sections of primary and secondary legislation have been hand-coded, with results showing that 3% of sections in 1920 (21 sections in real terms) were “Henry VIIIth clauses”, where power to make new law was delegated by Parliament; by 2010 this had increased to 16% (400 sections in real terms).
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Peabody, Bruce Garen. "Recovering the political constitution nonjudicial interpretation, judicial supremacy, and the separation of powers /." Digital version:, 2000. http://wwwlib.umi.com/cr/utexas/fullcit?p9992886.

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Stephens, Otis H. Jr, John M. II Scheb, and Colin Glennon. "American Constitutional Law, Volume I and II: Civil Rights and Liberties." Digital Commons @ East Tennessee State University, 2015. http://amzn.com/1285736923.

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AMERICAN CONSTITUTIONAL LAW, Volumes I and II, combines cases, decisions, and authorial commentary to maximize your learning and understanding in this course. These comprehensive volumes cover the entire range of topics in constitutional law. Volume I examines the institutional aspects of constitutional law; Volume II deals with civil rights and liberties. Each of the chapters includes an introductory essay providing the legal, historical, political, and cultural context of Supreme Court jurisprudence in a particular area of constitutional interpretation. Each chapter also contains several boxed features (labeled "Case in Point" and "Sidebar") to provide additional perspective and context for the set of edited decisions from the United States Supreme Court cases that follow. In selecting, editing, and updating the materials, the authors emphasize recent trends in major areas of constitutional interpretation, as well as many landmark decisions, some of which retain importance as precedents while others illustrate the transient nature of constitutional interpretation. Because the book provides a good balance of decisions and authorial commentary, this text appeals to instructors of law as well as instructors of political science.
https://dc.etsu.edu/etsu_books/1021/thumbnail.jpg
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ButleRitchie, David T. "Shifting foundations and historical contingencies : a critique of modern constitutionalism /." view abstract or download file of text, 2004. http://wwwlib.umi.com/cr/uoregon/fullcit?p3147815.

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Thesis (Ph. D.)--University of Oregon, 2004.
Typescript. Includes vita and abstract. Includes bibliographical references (leaves - ). Also available for download via the World Wide Web; free to University of Oregon users.
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Muller, Melissa. "Reunification and Reconstruction as Constitutional Moments: Constitutional Identity in Germany and the United States." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1859.

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This thesis employs the lens of constitutional identity to engage in a comparative analysis of Germany during reunification and the United States during Reconstruction. I argue that these developments should be considered constitutional moments that fundamentally shifted the ways each country conceptualized citizenship, economic liberties, and federalism. Moreover, the similarities between these shifts highlight an overarching logic to constitutional design by showing why realizing these re-conceptualizations required substantive changes to constitutional mechanisms and delegation of powers. Ultimately my thesis emphasizes the analytical power of constitutional identity and critiques a variety of perspectives on Reconstruction, including those found in the majority opinions in the Slaughterhouse Cases and Civil Rights Cases.
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Books on the topic "Constitutional law and political law"

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Martin, Ruperto G. Philippine political law. Manila, Philippines: Premium Book Store, 1988.

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Cruz, Isagani A. Philippine political law. 2nd ed. [Quezon City?]: [publisher not identified], 2014.

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Cruz, Isagani A. Philippine political law. Quezon City, Philippines: Central Lawbook Pub. Co., 1987.

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Cruz, Isagani A. Philippine political law. 3rd ed. Quezon City, Philippines: Central Lawbook Pub., 1991.

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Martin, Ruperto G. Political law reviewer. Manila, Philippines: Premium Book Store, 1987.

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Suarez, Rolando A. Political law reviewer. 2nd ed. Manila, Philippines: Published & distributed by Rex Book Store, 2011.

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Neal, Devins, ed. Political dynamics of constitutional law. St. Paul, Minn: West Pub., 1992.

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Neal, Devins, ed. Political dynamics of constitutional law. 2nd ed. St. Paul, Minn: West Pub. Co., 1996.

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Constitutional law and political institutions. Moscow: Progress Publishers, 1985.

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Neal, Devins, ed. Political dynamics of constitutional law. 5th ed. St. Paul, MN: Thomson/West, 2011.

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Book chapters on the topic "Constitutional law and political law"

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Mason, Alpheus Thomas, and Donald Grier Stephenson. "Introduction A Political Supreme Court." In American Constitutional Law, 1–26. Seventeenth edition. | New York, NY : Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.4324/9781315394589-1.

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Voigt, Stefan. "Constitutional Political Economy." In Encyclopedia of Law and Economics, 1–10. New York, NY: Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4614-7883-6_1-1.

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Voigt, Stefan. "Constitutional Political Economy." In Encyclopedia of Law and Economics, 338–46. New York, NY: Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_1.

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Voigt, Stefan. "Constitutional Political Economy." In Encyclopedia of Law and Economics, 1–9. New York, NY: Springer New York, 2021. http://dx.doi.org/10.1007/978-1-4614-7883-6_1-2.

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Loughlin, Martin. "Fundamental Law." In The Political Dimension of Constitutional Law, 7–21. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-38459-3_2.

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Mendes, Conrado Hübner. "Political Deliberation and Constitutional Review." In Law, Liberty, and the Rule of Law, 121–34. Dordrecht: Springer Netherlands, 2013. http://dx.doi.org/10.1007/978-94-007-4743-2_8.

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Alder, John, and Keith Syrett. "Underlying political traditions." In Constitutional and Administrative Law, 26–54. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60907-6_2.

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Alder, John. "Underlying political traditions." In Constitutional and Administrative Law, 27–55. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-47492-6_2.

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Altwegg-Boussac, Manon. "Informal Constitutional Change and Political Law." In The Political Dimension of Constitutional Law, 91–104. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-38459-3_6.

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de Brito, Miguel Nogueira. "Expanding Legality and Losing Fundamental Law: On Martin Loughlin’s Dualist Conception of Public Law." In The Political Dimension of Constitutional Law, 23–49. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-38459-3_3.

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Conference papers on the topic "Constitutional law and political law"

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Fedorov, Roman. "CONSTITUTIONAL AND LEGAL IDEA OF THE “SOCIAL STATE” IN THE HISTORY OF LEGAL AND POLITICAL THOUGHT." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/066-075.

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The article is devoted to the problem of the social state as one of the fundamental constitutional principles of the state structure of modern developed countries. The course of historical development of philosophical and legal thought on this problem is considered. The idea of a close connection between the concept of the social state and the ideas of utopian socialism of Thomas More and Henri Saint-Simon is put forward. Liberals also made a significant contribution to the development of the idea of the social state, they argued that the ratio of equality and freedom is a key problem for the classical liberal doctrine. It is concluded that the emergence of the theory of the social state for objective reasons was inevitable, since it is due to the historical development of society.
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Brenncke, Martin. "THE LIMITS OF JUDICIAL POWER IN ENGLAND AND GERMANY: A COMPARATIVE METHODOLOGICAL AND CONSTITUTIONAL PERSPECTIVE." In 2nd Law & Political Science Conference, Prague. International Institute of Social and Economic Sciences, 2018. http://dx.doi.org/10.20472/lpc.2018.002.002.

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Lis-Staranowicz, Dorota. "The Relation Between Political Rights and Social Rights: Some Remarks Concerning the Polish Constitutional and Political Practice." In The 7th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia, 2020. http://dx.doi.org/10.22364/iscflul.7.2.06.

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Zhao, Lina. "Study on the Constitutional Free Press Guarantee." In 2017 2nd International Conference on Politics, Economics and Law (ICPEL 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/icpel-17.2017.9.

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Saeed, Nawsherwan. "Is the constitution the problem in front of the democratic transition in Iraq?" In REFORM AND POLITICAL CHANGE. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdiconfrpc.pp171-183.

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Nearly 17 years after the US invasion, Iraq ranks first in the list of the most corrupt and least stable countries in the world. The state of instability and rampant corruption in Iraqi society since 2003 made some critics blame the constitution itself as the main obstacle to the country's democratic transition. For them, the hasty method of drafting the constitution, the absence of Iraqi constitutional expertise, and the lateral representation of Sunni Arabs are among the factors that have contributed to the precarious situation in Iraq over the past years. Likewise, critics argue that the ambiguity and ambiguity in some constitutional articles hindered its application. Amid these readings, the October revolution erupted on October 1, 2019 in Baghdad and the rest of the southern governorates of Iraq in protest against the deteriorating economic conditions of the country, unemployment, and the spread of administrative corruption. The demands of the demonstrators reached to change the constitution and amend the electoral law. Thus, the question posed in this paper is to what extent can the constitution really be an obstacle to the democratization process in Iraq? This paper discusses that the nature of Iraqi society as a deeply divided society, the absence of the previous democratic experience among the citizens, the weakness of the political culture of cooperation and tolerance among the political elites, and external interference are among the main obstacles to the democratic transformation in the country. Finally, the conclusion of the study is that despite all the criticisms and criticisms about the democratic experience in Iraq, the process of democratic transformation is slow in itself, and therefore it can be said that the process is still ongoing and has not failed yet.
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Torres, Lourenço. "An historical evaluation of constitutional principles from Aristotle’s Politics for Human Rights." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws21_02.

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Karaman, Ebru. "Principle of Laicity in Turkish and French Constitutions." In International Conference on Eurasian Economies. Eurasian Economists Association, 2019. http://dx.doi.org/10.36880/c11.02275.

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To be assumed as a truly democratic state of law; the state should not make law according to a religion and not have a religion-based structure. Turkey and France are two countries different from others being in the discussions on secularism examining the relationship between religion and state. Because the laicity is one of the foundations of the regime and takes part in the legal system as a constitutional principle. In the first chapter the provisions on laicity in the Turkish Constitutions before the date 1982 and in the Turkish Constitution dated 1982 are going to be explained then the discussions in Turkey are going to be evaluated according to the Turkish Constitutional Court's approach to the principle of laicity. In the second part the provisions on the principle of laicity in the French Constitution dated 1958 are going to be explained, afterwards the discussions on laicity in France is going to take place. State and religion relations continue to be relevant a subject. That is why it still gives form to Turkish political life. The freedom of religion and the separation of religious and state relations are the requirements of the laic state. For a state these includes not to have an official religion, be impartial to all the religion and to treat equal to all the believers to different religions, to distinguish the religious institutions and state institutions and not to have an accordance between the rules of and the rules of religion.
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Hassan, Osman. "The constitutional and legal framework for the institutionalization of the Kurdistan Regional Parliament." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp251-276.

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This research is discussing on the institutionalizing case of Kurdistan Region entity and Kurdistan Parliament as the primary power in its parliamentary political system in the state institutionalizing framework. This insight gives us the opportunity that institutionalization case through state forming module, development and dissolving based on the institutionalization theory should be considered. In this situation, we need to fcus on the most powerful political body in the Region which is the. parliament and its institutionalization framework. The research discusses power and its role with duties to achieve the obligations through the constitutional law and its norms with the tools to facilitate and run its duties. Thus, the main obstacles facing the institutionalization of the Parliament will be known, while the parliament is highly considered by civilians and people of Iraqi Kurdistan.
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Soehartono, Harjono, Zakki Adlhiyati, Ismawati Septiningsih, and Itok Dwi Kurniawan. "Pros and Cons: Legal Status of Dispute in Election of Village Head in the Perspective of Indonesian Constitutional Law (A Case Study in Klaten District)." In 6th International Conference on Social and Political Sciences (ICOSAPS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201219.041.

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Marinković, Milica. "RAZVITAK FRANCUSKE ADVOKATURE U XIX VEKU." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.1067m.

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The paper is dedicated to the development of advocacy in France throughout history, and special attention is paid to the struggle of lawyers to repair the damage caused to their position by the Bourgeois Revolution. The goals of the legal struggle were fully achieved in the period of the Third Republic, rightly called the "Republic of Lawyers", when they took over the legislative and executive power. French lawyers, especially in the 19th century, were often real political dissidents. With their work as a politival opposition, they redefined the relationship between the state and society and set a clear border of state power, all of which enabled the easier emergence of a liberal constitutional monarchy, and then a republic. Due to the constant opposition activities in the courtroom, the lawyers demonstrated in the best possible way how closely law and politics stand in each state. In the introductory chapter of the paper, the author gives an overview of the historical development of advocacy from the Frankish period to the Revolution itself. During the Old Regime, lawyers enjoyed the status of "secular clergy" and, although members of the Third Class, were an unavoidable political factor in absolutist France. The second chapter contains an analysis of the devastating impact of the Revolution on the legal profession and timid attempts to improve the position of the legal profession with the advent of the Restoration. The third chapter provides an overview of the period from 1830 to 1870, which was characterized by the increasingly serious interference of lawyers in politics in order to fight for the advancement of the profession. The chapter on the Third Republic talks about the successful outcome of the lawyer's fight for their own rights, and the final chapter talks about the tendencies in the French legal profession in the 20th century.
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Reports on the topic "Constitutional law and political law"

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Iaryczower, Matias, Pablo Spiller, and Mariano Tommasi. Judicial Lobbying: The Politics of Labor Law Constitutional Interpretation. Cambridge, MA: National Bureau of Economic Research, May 2005. http://dx.doi.org/10.3386/w11317.

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Cachalia, Firoz, and Jonathan Klaaren. A South African Public Law Perspective on Digitalisation in the Health Sector. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/05.

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We explored some of the questions posed by digitalisation in an accompanying working paper focused on constitutional theory: Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa. In that paper, we asked what legal resources are available in the South African legal system to respond to the risk and benefits posed by digitalisation. We argued that this question would be best answered by developing what we have termed a 'South African public law perspective'. In our view, while any particular legal system may often lag behind, the law constitutes an adaptive resource that can and should respond to disruptive technological change by re-examining existing concepts and creating new, more adequate conceptions. Our public law perspective reframes privacy law as both a private and a public good essential to the functioning of a constitutional democracy in the era of digitalisation. In this working paper, we take the analysis one practical step further: we use our public law perspective on digitalisation in the South African health sector. We do so because this sector is significant in its own right – public health is necessary for a healthy society – and also to further explore how and to what extent the South African constitutional framework provides resources at least roughly adequate for the challenges posed by the current 'digitalisation plus' era. The theoretical perspective we have developed is certainly relevant to digitalisation’s impact in the health sector. The social, economic and political progress that took place in the 20th century was strongly correlated with technological change of the first three industrial revolutions. The technological innovations associated with what many are terming ‘the fourth industrial revolution’ are also of undoubted utility in the form of new possibilities for enhanced productivity, business formation and wealth creation, as well as the enhanced efficacy of public action to address basic needs such as education and public health.
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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.

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Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.
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Cachalia, Firoz, and Jonathan Klaaren. Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa: Towards a public law perspective on constitutional privacy in the era of digitalisation. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/04.

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In this working paper, our focus is on the constitutional debates and case law regarding the right to privacy, adopting a method that is largely theoretical. In an accompanying separate working paper, A South African Public Law Perspective on Digitalisation in the Health Sector, we employ the analysis developed here and focus on the specific case of digital technologies in the health sector. The topic and task of these papers lie at the confluence of many areas of contemporary society. To demonstrate and apply the argument of this paper, it would be possible and valuable to extend its analysis into any of numerous spheres of social life, from energy to education to policing to child care. In our accompanying separate paper, we focus on only one policy domain – the health sector. Our aim is to demonstrate our argument about the significance of a public law perspective on the constitutional right to privacy in the age of digitalisation, and attend to several issues raised by digitalisation’s impact in the health sector. For the most part, we focus on technologies that have health benefits and privacy costs, but we also recognise that certain technologies have health costs and privacy benefits. We also briefly outline the recent establishment (and subsequent events) in South Africa of a contact tracing database responding to the COVID-19 pandemic – the COVID-19 Tracing Database – a development at the interface of the law enforcement and health sectors. Our main point in this accompanying paper is to demonstrate the value that a constitutional right to privacy can bring to the regulation of digital technologies in a variety of legal frameworks and technological settings – from public to private, and from the law of the constitution to the ‘law’ of computer coding.
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Hoff, Karla, and Joseph Stiglitz. The Creation of the Rule of Law and the Legitimacy of Property Rights: The Political and Economic Consequences of a Corrupt Privatization. Cambridge, MA: National Bureau of Economic Research, November 2005. http://dx.doi.org/10.3386/w11772.

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HEFNER, Robert. IHSAN ETHICS AND POLITICAL REVITALIZATION Appreciating Muqtedar Khan’s Islam and Good Governance. IIIT, October 2020. http://dx.doi.org/10.47816/01.001.20.

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Ours is an age of pervasive political turbulence, and the scale of the challenge requires new thinking on politics as well as public ethics for our world. In Western countries, the specter of Islamophobia, alt-right populism, along with racialized violence has shaken public confidence in long-secure assumptions rooted in democracy, diversity, and citizenship. The tragic denouement of so many of the Arab uprisings together with the ascendance of apocalyptic extremists like Daesh and Boko Haram have caused an even greater sense of alarm in large parts of the Muslim-majority world. It is against this backdrop that M.A. Muqtedar Khan has written a book of breathtaking range and ethical beauty. The author explores the history and sociology of the Muslim world, both classic and contemporary. He does so, however, not merely to chronicle the phases of its development, but to explore just why the message of compassion, mercy, and ethical beauty so prominent in the Quran and Sunna of the Prophet came over time to be displaced by a narrow legalism that emphasized jurisprudence, punishment, and social control. In the modern era, Western Orientalists and Islamists alike have pushed the juridification and interpretive reification of Islamic ethical traditions even further. Each group has asserted that the essence of Islam lies in jurisprudence (fiqh), and both have tended to imagine this legal heritage on the model of Western positive law, according to which law is authorized, codified, and enforced by a leviathan state. “Reification of Shariah and equating of Islam and Shariah has a rather emaciating effect on Islam,” Khan rightly argues. It leads its proponents to overlook “the depth and heights of Islamic faith, mysticism, philosophy or even emotions such as divine love (Muhabba)” (13). As the sociologist of Islamic law, Sami Zubaida, has similarly observed, in all these developments one sees evidence, not of a traditionalist reassertion of Muslim values, but a “triumph of Western models” of religion and state (Zubaida 2003:135). To counteract these impoverishing trends, Khan presents a far-reaching analysis that “seeks to move away from the now failed vision of Islamic states without demanding radical secularization” (2). He does so by positioning himself squarely within the ethical and mystical legacy of the Qur’an and traditions of the Prophet. As the book’s title makes clear, the key to this effort of religious recovery is “the cosmology of Ihsan and the worldview of Al-Tasawwuf, the science of Islamic mysticism” (1-2). For Islamist activists whose models of Islam have more to do with contemporary identity politics than a deep reading of Islamic traditions, Khan’s foregrounding of Ihsan may seem unfamiliar or baffling. But one of the many achievements of this book is the skill with which it plumbs the depth of scripture, classical commentaries, and tasawwuf practices to recover and confirm the ethic that lies at their heart. “The Quran promises that God is with those who do beautiful things,” the author reminds us (Khan 2019:1). The concept of Ihsan appears 191 times in 175 verses in the Quran (110). The concept is given its richest elaboration, Khan explains, in the famous hadith of the Angel Gabriel. This tradition recounts that when Gabriel appeared before the Prophet he asked, “What is Ihsan?” Both Gabriel’s question and the Prophet’s response make clear that Ihsan is an ideal at the center of the Qur’an and Sunna of the Prophet, and that it enjoins “perfection, goodness, to better, to do beautiful things and to do righteous deeds” (3). It is this cosmological ethic that Khan argues must be restored and implemented “to develop a political philosophy … that emphasizes love over law” (2). In its expansive exploration of Islamic ethics and civilization, Khan’s Islam and Good Governance will remind some readers of the late Shahab Ahmed’s remarkable book, What is Islam? The Importance of Being Islamic (Ahmed 2016). Both are works of impressive range and spiritual depth. But whereas Ahmed stood in the humanities wing of Islamic studies, Khan is an intellectual polymath who moves easily across the Islamic sciences, social theory, and comparative politics. He brings the full weight of his effort to conclusion with policy recommendations for how “to combine Sufism with political theory” (6), and to do so in a way that recommends specific “Islamic principles that encourage good governance, and politics in pursuit of goodness” (8).
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Baker, James E. Ethics and Artificial Intelligence: A Policymaker's Introduction. Center for Security and Emerging Technology, April 2021. http://dx.doi.org/10.51593/20190022.

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The law plays a vital role in how artificial intelligence can be developed and used in ethical ways. But the law is not enough when it contains gaps due to lack of a federal nexus, interest, or the political will to legislate. And law may be too much if it imposes regulatory rigidity and burdens when flexibility and innovation are required. Sound ethical codes and principles concerning AI can help fill legal gaps. In this paper, CSET Distinguished Fellow James E. Baker offers a primer on the limits and promise of three mechanisms to help shape a regulatory regime that maximizes the benefits of AI and minimizes its potential harms.
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S. Abdellatif, Omar. Localizing Human Rights SDGs: Ghana in context. Raisina House, June 2021. http://dx.doi.org/10.52008/gh2021sdg.

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In September 2015, Ghana along all UN member states endorsed the Agenda 2030 Sustainable Development Goals (SDGs) as the cardinal agenda towards achieving a prosperous global future. The SDGs are strongly interdependent, making progress in all goals essential for a country’s achievement of sustainable development. While Ghana and other West African nations have exhibited significant economic and democratic development post-independence. The judiciary system and related legal frameworks, as well as the lack of rule law and political will for safeguarding the human rights of its citizens, falls short of considering violations against minorities. Will Ghana be able to localize human rights related SDGs, given that West African governments historically tended to promote internal security and stability at the expense of universal human rights? This paper focuses on evaluating the commitments made by Ghana towards achieving Agenda 2030, with a particular focus on the SDGs 10 and 16 relating to the promotion of reduced inequalities, peace, justice and accountable institutions. Moreover, this paper also analyzes legal instruments and state laws put in place post Ghana’s democratization in 1992 for the purpose of preventing discrimination and human rights violations in the nation. The article aims to highlight how Ghana’s post-independence political experience, the lack of rule of law, flaws in the judiciary system, and the weak public access to justice are obstacles to its effective localization of human rights SGDs. Those obstacles to Ghana’s compliance with SDGs 10 and 16 are outlined in this paper through a consideration of human rights violations faced by the Ghanaian Muslim and HIV minorities, poor prison conditions, limited public access to justice and the country’s failure to commit to international treaties on human rights. Keywords: Ghana, human rights, rule of law, security, Agenda 2030
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Chiavassa, Nathalie, and Raphael Dewez. Technical Note on Road Safety in Haiti. Inter-American Development Bank, January 2021. http://dx.doi.org/10.18235/0003250.

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The IDB has been a predominant partner supporting Haiti development efforts for many years. Nowadays, the IDB is the main source of investment for the country. Considering the vital weight of road transport sector in the socio-economy of the country, the IDB has concentrated a large part of investment efforts in rehabilitating and improving national road infrastructures. In the same time, a rapid increase of motorization and relatively higher speeds have contributed to increasing the number of traffic fatalities and injuries. In 2017, road injuries were the fifth cause of mortality in Haiti. The Road Safety situation of the country is preoccupying with many Vulnerable Road Users involved, in particular pedestrians and motorcyclists. The country is facing multi-sector challenges to address this Road Safety situation. Despite recent efforts, high political will has not been continuous in promoting a multi-sector coordination and the success of technical efforts remained mitigated over the last years. Road user awareness is still weak in the country. Risk factors include dangerous driving, bad safety conditions of vehicles, together with limited law enforcement and poor maintenance of safety devices on the roads. In this context, the Road Safety situation of the country may be getting worse in the coming years if no action is taken. However, the new Decade provides with a unique opportunity to achieve Sustainable Development Goals (SDGs) including significant progress in reducing the burden of traffic crashes. The IDB has already initiated vital investments in modernizing crash data collection, promoting institutional dialogue and supporting capacity building in the area of Road Safety. Future actions to address Road Safety challenges in Haiti in the framework of the five UN five pillars would require a range of investments in the area of political commitment, institutional coordination and technical efforts. A change of political paradigm from making roads for travelling faster to making roads safer for all users is highly needed at national level. This technical note on Road Safety in Haiti present the current situation of the country and provides with recommendations for future actions on Road Safety.
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Devereux, Stephen. Policy Pollination: A Brief History of Social Protection’s Brief History in Africa. Institute of Development Studies (IDS), December 2020. http://dx.doi.org/10.19088/ids.2020.004.

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The relatively recent emergence and sustained rise of social protection as a policy agenda in Africa can be understood as either a nationally owned or ‘donor-driven’ process. While elements of both can be seen in different countries at different times, this paper focuses on the pivotal role of transnational actors, specifically international development agencies, as ‘policy pollinators’ for social protection. These agencies deployed a range of tactics to induce African governments to implement cash transfer programmes and establish social protection systems, including: (1) building the empirical evidence base that cash transfers have positive impacts, for advocacy purposes; (2) financing social protection programmes until governments take over this responsibility; (3) strengthening state capacity to deliver social protection, through technical assistance and training workshops; (4) commissioning and co-authoring national social protection policies; (5) encouraging the domestication of international social protection law into national legislation. Despite these pressures and inducements, some governments have resisted or implemented social protection only partially and reluctantly, either because they are not convinced or because their political interests are not best served by allocating scarce resources to cash transfer programmes. This raises questions about the extent to which the agendas of development agencies are aligned or in conflict with national priorities, and whether social protection programmes and systems would flourish or wither if international support was withdrawn.
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