Academic literature on the topic 'Liberia. Constitution'
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Journal articles on the topic "Liberia. Constitution"
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Fofana, Ibrahim. "PROSPECTS FOR ISLAMIC MICROFINANCE UNDER THE EXISTING LEGAL AND REGULATORY FRAMEWORK IN LIBERIA." IIUM Law Journal 28, no. 2 (January 22, 2021): 597–620. http://dx.doi.org/10.31436/iiumlj.v28i2.448.
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There is no specific regulation or legislative framework for Islamic microfinance operations in Liberia. This is largely due to the non-application of Islamic laws in the country, despite the increasing economic strength of Muslims in the country. This article aims to examine whether the existing laws in Liberia permit the establishment and operation of Islamic microfinance. The research employed a qualitative analytical approach, which examines legal and regulatory framework for the microfinance sector in Liberia. The materials and data which include related laws were collected, and analysed inductively to suit the needs of the research. This article argues that, the existing laws including the Liberian constitution and other relevant financial regulations such as, the Central Bank of Liberia Act of 1999, the New Financial Institutions Act of 1999 and the Microfinance Policy and Regulatory & Supervisory Framework for Liberia (MPRSFL) have no objection to the introduction of Islamic microfinance in the country. This research is a first to appraise critically some relevant laws on the legal framework of microfinance in Liberia and its relevance to Islamic microfinance. The Financial Institutions Act of 1999 confers on the Central Bank of Liberia the powers to regulate and supervise all financial institutions in the country, including the microfinance providers. The article concludes that the stakeholders need to continue supporting the microfinance sector, including Islamic microfinance in Liberia by building an appropriate legal ecosystem that providing for a smooth running of microfinance programmes in the country.
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Svärd, Proscovia. "Has the Freedom of Information Act enhanced transparency and the free flow of information in Liberia?" Information Development 34, no. 1 (October 3, 2016): 20–30. http://dx.doi.org/10.1177/0266666916672717.
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This article investigates if the adoption of the Liberian Freedom of Information (FOI) law 2010 has led to a transparent government and increased the free flow of government information. Freeing government information is expected to create transparent and accountable governments. It brings forth democratic and inclusive government institutions that work for the people. Inclusivity, transparency and accountability are expected to address sustainable development challenges and democracy deficits. Transparency and accountability can only be achieved through access to government information. The right to access government information is also included in the national constitution of Liberia. The citizens of Liberia in West Africa suffered from a protracted civil war between 1989–1996 and 1999–2003 respectively. These wars were partly caused by non-accountability of the governments, endemic corruption and the mismanagement of the countries’ resources. Efforts are being made by the government with the help of the international community to embrace a new democratic dispensation. Liberia was also one of the first African countries to enact a Freedom of Information (FOI) Law that would enable Liberians to access government information.
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Cottrell, Jill. "The Constitution of Namibia: an Overview." Journal of African Law 35, no. 1-2 (1991): 56–78. http://dx.doi.org/10.1017/s0021855300008366.
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Namibia finally achieved independence on 21 March, 1990, after a long struggle and many false hopes and setbacks. In a nutshell: the territory was colonized by Germany. It was seized by South African forces during the First World War, and then made the subject of a League of Nations Mandate, administered by South Africa, after the war. Following the Second World War, South Africa tried to incorporate the territory, a move resisted by the United Nations. In 1966 the International Court of Justice denied standing to Ethiopia and Liberia to allege breaches of the mandate. However, shortly thereafter the UN voted to terminate the mandate. At about the same time the South West African People's Organization (SWAPO) launched its armed struggle. South Africa's response to these developments was to implement plans for the closer integration of the territory into the South African state, and into the system of apartheid. As a result, a system of native authorities, based on ethnicity, was introduced.In 1975 the “Turnhalle” talks were started which, although rejected by most of the black groups, led to the establishment of a constituent Assembly. During the same period, a “Contract Group” of Western Nations began to negotiate with South Africa over a settlement for Namibia. The ultimate proposals were accepted by the UN, SWAPO and South Africa, and the plans were recognized by UN Resolution 435. But immediately thereafter problems began to arise, and talks about implementation stopped and started for a number of years.
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Schupmann, Benjamin A. "Constraining political extremism and legal revolution." Philosophy & Social Criticism 46, no. 3 (June 20, 2019): 249–73. http://dx.doi.org/10.1177/0191453719856652.
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Recently, extremist ‘populist’ parties have succeeded in obtaining large enough democratic electoral mandates both to legally make substantive changes to the law and constitution and to legally eliminate avenues to challenge their control over the government. Extremists place committed liberal democrats in an awkward position as they work to legally revolutionize their constitutions and turn them into ‘illiberal democracies’. This article analyses political responses to this problem. It argues that the twin phenomena of legal revolution and illiberal democracy reveal a latent tension between the constitutional commitments to democracy and liberalism, that is, the equal chance to have one’s political goals enacted into law and individual basic rights. Political extremists make the latent tension real when they use the procedures of democratic legal change to abrogate constitutional commitments to liberalism, among other things. Although the two commitments normally coexist side by side, exceptional times raise an existential dilemma for liberal democracies: is it constitutional to democratically amend liberalism out of the constitution? After analysing the moral legitimacy of both the democratic and liberal arguments, this article concludes that liberal constitutionalism is constitutive of genuine democracy. In other words, it is unconstitutional to abrogate basic liberal commitments and it is legitimate to adopt constitutional mechanisms to guarantee liberalism – even if it means constraining democracy to do so. This article then situates ‘constrained democracy’ within the liberal current as a way to conceive of and respond to this pressing problem. It concludes by discussing four constitutional mechanisms – inspired by the German Grundgesetz – to guarantee liberalism: unambiguous lexically prior commitment to liberalism, limits on negative majorities, the eternity clause and party bans. It concludes that constrained democracy is an important constitutional guarantee of liberal democracy and that the four mechanisms, among others, are essential to enact constrained democracy.
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Tesón, Fernando R. "THE LIBERAL CONSTITUTION AND FOREIGN AFFAIRS." Social Philosophy and Policy 28, no. 1 (November 30, 2010): 115–49. http://dx.doi.org/10.1017/s0265052510000075.
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AbstractScholars have debated the meaning of the foreign-relations clauses in the U.S. Constitution. This essay attempts to outline the foreign-relations clauses that an ideal constitution should have. A liberal constitution must enable the government to implement a morally defensible foreign policy. The first priority is the defense of liberty. The constitution must allow the government to effectively defend persons, territory, and liberal institutions themselves. The liberal government should also contribute to the advancement of global freedom, subject to a number of conditions, especially cost. The essay recommends improved methods to incorporate treaties and customary international law into the constitutional structure. Treaties should be approved by the whole legislature and should generally be self-executing. Customary law should be genuine, not fake, and consistent with liberal principles. Finally, based on economic theory and evidence, the essay recommends that liberal constitutions prohibit the government from erecting trade barriers. It concludes by tentatively proposing concrete constitutional language to implement these recommendations.
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Lino, Dylan. "The Australian Constitution as Symbol." Federal Law Review 48, no. 4 (September 10, 2020): 543–55. http://dx.doi.org/10.1177/0067205x20955076.
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According to a conventional story told by scholars, the Australian Constitution is virtually invisible as a symbol within Australian political debate and culture. This article challenges that conventional story, arguing that the Constitution plays a more significant public role than is commonly assumed. Analysing the ongoing debate over the constitutional recognition of Aboriginal and Torres Strait Islander peoples, the article highlights four prominent symbolic Constitutions: the practical, the liberal, the outdated and the exclusionary. These constitutional symbols are mobilised by different political actors for a range of political purposes. Understanding constitutional symbolism helps in seeing the ideological work performed by the Constitution outside the courts and prompts constitutional scholars to be more conscious of how they contribute to that ideological work through their representations of the Constitution.
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Venter, Francois. "South Africa: A Diceyan Rechtsstaat?" Symposium: Mixed Jurisdictions 57, no. 4 (November 8, 2012): 721–47. http://dx.doi.org/10.7202/1013029ar.
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South Africa’s transformation to constitutionalism in 1994 saw the addition to a mixed legal system of a supreme constitution that requires all law to conform to its provisions, principles, and values. This new constitutional design was developed for the circumstances and modeled on existing liberal democratic constitutions, the most influential of which were Canadian and German. Adopted in 1993, the first constitution introduced the notion of the “constitutional state” but being only a transitional document, it provided for the creation of a “final” constitution crafted in conformity with prescribed principles. The final constitution, adopted in 1996, made no mention of the “constitutional state”, including instead the expression “rule of law”. Since the constitutional principles laid down in 1993 referred to neither the German “Rechtsstaat”, nor Diceyan “rule of law”, the replacement of the former term by the latter was permissible. The two constitutional texts did not, however, elaborate on these two terms. It was left to constitutional interpreters, especially the judiciary, to give meaning to these historically disconnected but conceptually related ideas. The result was a completely novel and pervasive constitutional doctrine. The judicial process of merging these notions may be described as “comparison by global assimilation”.
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Tehrani, Alireza Asadpour, and Masoud Raie Dahaghi. "The Influence of Liberty Concepts on the Legal Classification of Constitutions and Constitutional Governments." Journal of Politics and Law 10, no. 4 (August 30, 2017): 139. http://dx.doi.org/10.5539/jpl.v10n4p139.
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Due to global developments in constitutional law and especially the importance of principles of republicanism, the sovereignty of the people and the protection of individual rights and public liberties as the foundations of constitutionalism and constitutional government, it seems that a new category of constitution that is consistent with the principles and foundations of constitutionalism and the constitution should be provided. Therefore, the classical categories of constitutions are briefly introduced and then their unlawful aspects will be criticized and then, new categories of constitutions are introduced and described. This classification is based on the assumption that republic governments can be constitutionality and with a focus on the protection of liberty can use its power without being required to comply with liberty in its liberal concept. So as constitutions can be divided into two types of liberalism and republicanism, governments can be classified into two types of Republicanism and liberalism too. Since the classic categories have acted based on inductive method, therefore, this method has been used to criticize and propose alternatives.
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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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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.
Dissertations / Theses on the topic "Liberia. Constitution"
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Verde, Rui Alexandre de Almeida dos Santos. "The harmonious constitution : judges and the protection of liberty." Thesis, University of Newcastle Upon Tyne, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.323452.
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Roynier, Céline. "Le problème de la liberté dans le constitutionnalisme britannique." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020090.
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Le relatif échec que fut le Human Rights Act 1998 et les condamnations régulières du Royaume-Uni par la CEDH peuvent être considérés comme les symptômes, parmi d’autres, d’un problème de la liberté dans le constitutionnalisme britannique. Comment expliquer que cet Etat, membre fondateur du Conseil de l’Europe, résiste si fortement à l’application de cette déclaration de droits qu’est la Convention Européenne de Sauvegarde des droits de l’Homme et des libertés fondamentales ? Nous proposons dans ce travail une solution appuyée sur une étude de la culture classique de la common law, c'est-à-dire, essentiellement mais pas seulement, de la grande doctrine parlementaire anglaise du dix-septième siècle. Il nous semble en effet que cette doctrine a fixé la conception anglaise de la liberté et l’a définitivement envisagée comme devant relever de la common law. Nous suggérons que c’est par une redéfinition permanente de la common law que la liberté a été pensée en droit public anglais et que ce travail de redéfinition est encore à l’oeuvre aujourd’hui. Tout d’abord le problème de la liberté – qui s’est aussi posé en France et en Amérique par exemple – a pris une forme particulière en Angleterre : plutôt que de penser la source de légitimité du pouvoir, les juristes anglais ont réfléchi à ce que pouvait être les « marques » d’un droit acceptable pour tous. Cette réflexion a engendré des vagues de politisation du droit mais elle a rendu l’apparition d’un peuple sujet de droit beaucoup plus difficile. La première vague de politisation fait de la common law, le droit de la communauté, c'est-à-dire le droit commun à tous (Partie 1). La seconde vague de politisation de la common law correspond à un approfondissement de la première et fait de la common law un droit de la liberté en articulant le langage de la common law à l’individu par le biais d’une morale constitutionnelle (Partie 2)Many are the signs revealing a certain difficulty with liberty or freedom in british constitutionalism. The relative failure of the Human Rights Act 1998 in terms of efficiency , the never-ending debate about the enactment of a british declaration of rights and the numerous sanctions taken by the ECHR against the UK, can be considered as symptoms of this problem. How, then, is it possible to explain the overwhelming role of the UK in the adoption of the ECHR in the 1950’s and this resistance of the UK towards the European Convention ? Our aim, in this work, is to provide an explanation which would be based on the study of the early modern common law tradition that is mainly (but not exclusively) the parliamentary Doctrine of the Seventeenth Century. We think that this doctrine or discourse established the english conception of liberty and considered this latter as originating in the common law. We suggest that liberty was and is thought as a permanent redefinition of the law itself (the common law) and that this idea gave birth to Public Law exactly at the same time. First of all, the above-mentioned problem of liberty – which appeared in America and France as well – arose in a particular way in England. Rather than focusing on power and its legitimacy, english state lawyers concentrated their work on the marks of a law which could be acceptable for all. This reflexion led to successive waves of politisation of the law itself but did not enable the apparition of a people which would be the source of both law and power. The first wave of politisation established that common law was the law common to all (Part 1). The second wave deepened the first one and enabled the common law to be « the law of liberty » by linking the language of the common law with the individual, through constitutional morality (Part 2)
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Versteeg, Mila. "Words of liberty : the origins and evolution of constitutional ideas." Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669950.
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It has become almost universal practice for countries to adopt written constitutions that include a bill of rights. Yet we know little about the origins and evolution of the practice of constitution-writing on a global scale. Are bills of rights defining statements of the nation’s character and identity? Or are they more standardized documents that are similar across countries, and vary only at the margins? Are substantive constitutional features rooted in the society for which they are written, or are they borrowed from elsewhere? What are the origins of the world’s “words of liberty”? This thesis presents the first-ever systematic substantive exploration of the world’s written constitutions. It introduces a new database, based on the coding of the constitutions of 188 countries, for the period 1946-2006. With this data, it explores the historical trajectory of the world’s written constitutions and offers explanations for their substantive content. This thesis's most important finding is that constitutions are inherently “transnational” documents. As it turns out, substantive constitutional choices are remarkably unrelated to local needs and values. Constitutions do not express identity or national character. Instead, the most important predictor of whether any particular country adopts any particular constitutional provision is whether other countries previously did the same thing. Constitutions do not tell stories of the nation’s history, but rather tell stories of transnational interactions and international politics. As a result, constitutions have become at least partly standardized documents that vary along a small number of underlying dimensions. But this thesis also shows that not all constitutions are the same, and that there exists no evidence of a global constitutional convergence. Instead, the world’s constitutions divide in a limited number of constitutional families. This thesis is not currently available in ORA.
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Clark, Thomas W. [Verfasser]. "Virtuous democrats, liberal aristocrats : political discourse and the Pennsylvania Constitution / Thomas W. Clark." Frankfurt am Main : Universitätsbibliothek Johann Christian Senckenberg, 2015. http://d-nb.info/1139891855/34.
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Piper, Helen. "Constitution of religious liberty : God, Politics and the First Amendment in Trump's America." Thesis, Uppsala universitet, Teologiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-364787.
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This thesis starts by describing the legal foundation of religious liberty in the United States and the evolvement of the religion clause jurisprudence. Then follows an outline of the main legal theories on religious liberty. It continues to describe a case study conducted on how Americans citizens perceive the protection of their religious liberty. Upon this there is a chapter where the detailed findings from the case study are described in juxtaposition to the relevant jurisprudence and how this can be applied to the overall legal framework protecting religious liberty. The final chapter is a discussion on what conclusions that can be drawn.
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Shaw, James Adam. "'The Great Desideratum in Government' : James Madison, Benjamin Constant, and the Liberal-Republican framework for political neutrality." Thesis, University of Manchester, 2016. https://www.research.manchester.ac.uk/portal/en/theses/the-great-desideratum-in-government-james-madison-benjamin-constant-and-the-liberalrepublican-framework-for-political-neutrality(f9d6c46c-3dac-4f8d-9d7b-955aa66d3045).html.
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The liberal and republican traditions of political thought are commonly treated as divergent political-philosophical doctrines which existed in a state irreconcilable opposition in late eighteenth-century France and America. The present study challenges this notion through examining the concept of political neutrality as discussed and expounded in the political and constitutional writings of James Madison and Benjamin Constant. In seeking to account for not only why, but also how, both thinkers endeavoured to construct political systems geared toward securing the production of neutral laws, this thesis explores and highlights the complex interdependent relationship between the liberal and republican philosophical traditions in late eighteenth- and early nineteenth-century political theory. It is argued that in their desire to construct political-constitutional systems tailored toward guaranteeing the materialisation of neutral laws, Madison and Constant incorporated republican, or ‘Real Whig’, concepts into their respective constitutional strategies. Their shared objective, it is shown, was to form limited and neutral states through exploiting the diversity of public opinion in such a way that would render popular sovereignty self-neutralising. More specifically, this thesis suggests that both Madison and Constant placed considerable emphasis on de-legitimising particular justifications for legislative action, and that their respective efforts in this area were motivated by a desire to restrict the legislature to the promotion of objective, and impartially-conceived, accounts of the public good. Thus through examining Madison’s and Constant’s attempts to form neutral states, this thesis challenges the traditional account of the development of modern liberalism through pointing to the existence of an autonomous liberal-republican philosophy in post-revolutionary French and American political thought. It is argued that this hybrid political philosophy – which underpinned the constitutionalisms advanced by both Madison and Constant – had as its principal objective the reconciliation of the practice of popular governance with the restoration and maintenance negative individual liberty. Both thinkers, in other words, exploited republican concepts and institutions in order to realise the distinctly liberal end of forming limited and neutral states.
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Serge, Zelexeck Nguimatsa. "Popular participation for disempowerment? Democratic constitution making in the context of African liberal democracy." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8067.
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The author discusses the nature and reality of the marginalisation and disempowerment of ordinary citizens. He also highlights how democratic constitution making in Africa has so far left marginalisation and disempowerment unchallengedThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Orquidea Palmira Orquidea, Faculty of Law, Universidade Eduardo Mondlane, Mozambique
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Porte, Noémie. "Le Conseil constitutionnel, gardien de la liberté des Anciens." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10017.
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La recherche avait pour objet l'étude de la jurisprudence du Conseil constitutionnel à l'aune de la liberté des Anciens et de la liberté des Modernes, concepts proposés par Benjamin Constant en 1819. Le juge constitutionnel français semble plus enclin à protéger les exigences de la liberté des Anciens que l'autonomie individuelle. La première partie de la thèse tente de démontrer que le Conseil constitutionnel opère un contrôle des principes de la représentation politique au service de la liberté des Anciens : la Haute instance est exigeante en ce qui concerne l'élaboration démocratique de la norme et la préservation des « biens » collectifs tels que l'unité du peuple souverain ou l'indivisibilité de la République. La seconde partie de la thèse est consacrée au contrôle du respect des droits individuels, qui est également opéré au service de la liberté des Anciens. L'existence d'un recours juridictionnel suffit souvent à garantir la constitutionnalité des atteintes aux droits substantiels, en laissant une large marge de manœuvre à la représentation politique. Le juge constitutionnel s'est néanmoins montré rigoureux à l'égard du respect des libertés de communication, sans lesquelles les représentants disposent d'une légitimité électorale mais non pas démocratiqueThe research had for subject the study of the decisions of the Constitutional Council in the light of the liberty of the Ancients and the liberty of the Moderns, both concepts proposed by Benjamin Constant in 1819. The French constitutional judge seems more inclined to protect the requirements of the liberty of the Ancients than the individual autonomy. The first part of the thesis attempts to demonstrate that the Constitutional Council operates a control of the principles of the political representation to the benefit of the liberty of the Ancients : the High authority is demanding as regards the democratic elaboration of the law and the conservation of the collective "goods" such as the sovereign people's unity or the indivisibility of the Republic. The second part of the thesis is dedicated to the control of the respect for individual rights, which is also operated in the service of the liberty of the Ancients. The existence of a jurisdictional appeal is often enough to guarantee the constitutionality of infringements of substantial rights, leaving a wide margin of discretion to the political representation. The constitutional judge nevertheless showed himself rigorous towards the respect for the liberties of communication, without which the representatives have an electoral but not democratic legitimacy
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Fagelson, David. "Constitutional interpretation and liberal rights theory : contested foundations of American constitutionalism." Thesis, University of Oxford, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.333310.
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Clarke, Chris D. "The ethics of liberal market governance : Adam Smith and the constitution of financial market agency." Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/51624/.
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In this thesis I provide a historicised account of the work of Adam Smith in order to reveal the essential variety of viable ethico-political commitments in liberal political economy and International Political Economy (IPE). Specifically, I draw on Quentin Skinner’s approach to intellectual history in order to engage with the thought of Smith. I show how existing readings of Smith in IPE on the whole tend to fail some of Skinner's most basic methodological principles for interpreting past texts, which is problematic for IPE scholars because it reveals the distinctly 'economistic' historiography of Smith that dominates the subject field. I offer a way of escaping the limitations of the prevailing economistic historiography through providing a sustained engagement with his actual texts as read in context. In so doing, I present a novel account of Smith for IPE which emphasises the crucial role of the concept of the 'sympathy procedure' in his work, through such a mechanism people learn how to express fellow-feeling within their market-bound relationships. I argue that this recovery provides a critical lens through which to interrogate the ethics of liberal market governance today, one which animates an alternative to economistic understandings of market-oriented behaviour. Following Skinner, I do not propose a direct 'application' of a Smithian perspective, but instead use it as part of a pragmatically inspired study to reveal the historical contingency of some of the most deeply held views about subjecthood as manifested under liberal market governance today. This enables me in the empirical parts of my thesis to reflect on competing discourses of the global financial crisis at the regulatory and everyday level of global finance via a 'sympathy perspective'. I argue that through such an engagement Smith's sympathy procedure can produce novel ways of subverting the ethics of global finance as currently constituted.
Books on the topic "Liberia. Constitution"
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Liberia. Constitution of the Republic of Liberia. [Monrovia?]: Republic of Liberia, 1986.
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(Liberia), United People's Party. United People's Party: Constitution. Monrovia, Liberia: United People's Party, 1985.
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Congress of National Trade Unions of Liberia. Byelaws & constitution of the Congress of National Trade Unions of Liberia (CONATUL): Adopted this 20 day of Aug. A.D. 1993 in the city of Monrovia, county of Montserrado, Republic of Liberia. Monrovia: The Congress, 1993.
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Liberia. The Electoral Reform Law of 2004, 1986 New Elections Law, and excerpts from the Constitution of the Republic of Liberia. Liberia: Republic of Liberia, National Elections Commission, 2005.
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Nayou, Harry T. F. Understanding the Liberian constitution. Liberia: National Advance Press, 1989.
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Huberich, Charles Henry. The political and legislative history of Liberia: A documentary history of the constitutions, laws, and treaties of Liberia from the earliest settlements to the establishment of the Republic, a sketch of the activities of the American colonization societies, a commentary on the Constitution of the Republic and a survey of the political and social legislation from 1847 to 1944 : with appendices containing the laws of the Colony of Liberia, 1820-1839, and acts of the Governor and Council, 1839-1847, with maps and illustrations. Clark, NJ: The Lawbook Exchange, Ltd., 2010.
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Wathīqat al-ḥurrīyah: Baḥth dustūrī muqāran. al-Qāhirah: al-Maktab al-Miṣrī al-Ḥadīth, 2011.
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Party, Liberal. Constitution of the Liberal Party. Hebden Bridge: Hebden Royd Publications, 1987.
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Party, Liberal. The constitution of the Liberal Party. London: Liberal Party, 1993.
Find full textBook chapters on the topic "Liberia. Constitution"
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Ebenstein, Alan. "The Constitution of Liberty." In Hayek’s Journey, 139–55. New York: Palgrave Macmillan US, 2003. http://dx.doi.org/10.1007/978-1-4039-7379-5_11.
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Mason, Alpheus Thomas, and Donald Grier Stephenson. "Religious Liberty." In American Constitutional Law, 525–71. Seventeenth edition. | New York, NY : Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.4324/9781315394589-13.
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Mason, Alpheus Thomas, and Donald Grier Stephenson. "Religious Liberty." In American Constitutional Law, 566–80. 18th ed. New York: Routledge, 2021. http://dx.doi.org/10.4324/9781003164340-13.
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Wood, Gordon S. "State Constitution-Making." In Power and Liberty, 32–53. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197546918.003.0003.
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This chapter describes the constitution-making by the thirteen independent republics. Most of them created bicameral legislatures, single executives, and independent judiciaries. They set forth the idea of separation of powers, which forbade members of the legislature or judiciary from simultaneously holding office in the executive, thus setting American constitutional development off in a very direction from that of the former mother country. At the same time, the Americans established written constitutions that were different from and superior to the institutions of government and they worked out devices (constitutional conventions) for creating these constitutions. Several of the constitutions had bills of rights.
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Sripati, Vijayashri. "The Western Liberal Constitution’s Internationalized Making." In Constitution-Making under UN Auspices, 152–80. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199498024.003.0004.
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This chapter chronologically traces the Western liberal Constitution’s internationalization from 1919-1960 to establish UNCA’s birth in 1949, rejection in 1960 and revival in 1960. This chapter comprises three sections. Section 1 traces a rise in the Constitution’s internationalization from 1919 to 1960. Section two covers the United Nations’ role from 1949-1952 in assisting Libya, a former Italian colony, adopt the Constitution and emerge independent. UNCA was rejected in 1960 because the right to self-determination morphed into an absolute right for all colonies, whereby they henceforth enjoyed a right to sculpt constitutions of their choice. At this juncture, UNCA serves a limited purpose: to implement decolonization. Section 3 outlines former UN Secretary-General, Dag Hammarskjold’s economic philosophy and his efforts at reviving united nations constitutional assistance to ensure Congo morphs into a market democracy. A discussion of the UN’s constitutional assistance from 1960-64 reveals that its use had nothing to do with perceived local incapacities for governance and how it spawned and guided UN or International territorial administration (e.g., law-making) there.
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Sripati, Vijayashri. "United Nations Constitutional Assistance." In Constitution-Making under UN Auspices, 424–44. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199498024.003.0010.
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United Nations Constitutional Assistance (UNCA) was conceived as colonial/international trusteeship in 1949. This chapter considers how the United Nations (UN) revived UNCA in sovereign states but escaped the colonial tag. Based on the UN’s official explanations, it is argued that the UN has deployed ideas rooted in international law to legitimize tutoring local actors in order that they adopt the Western liberal constitution. The UN’s four arguments therefore concerns this Constitution. The first is this constitution’s universality; the second is the neutrality of the actor producing or internationalizing this constitution which makes such internationalization non-exploitative; the third is the lawful authorization of the constitution’s internationalization which provides a legitimate basis for producing it; and finally, the temporary nature of the UN’s constitutional assistance which makes the internationalization of constitution-making temporary and so, legitimate.
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Bulmer, W. Elliot. "Foundations, Principles, Rights and Religion." In Westminster and the World, 93–110. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781529200621.003.0006.
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The chapter describes a written constitution as both a moral and legal document and as a charter of self-government that provides a covenantal statement of identity, purpose, and values. It discusses how a written constitution proclaims the highest aspirations and deepest sentiments of the community, affirming the common things that unite Britain as a res publica despite many differences of party, ideology, or interest. It also cites Westminster Model constitutions that express a 'liberal-procedural' constitutional order based upon democratic procedures, fundamental rights, and guarantees to minorities. The chapter points out that Many Westminster Model constitutions declare a country to be a democracy, such as the Constitution of Antigua & Barbuda that opens with the words, 'Antigua and Barbuda shall be a unitary sovereign democratic State'. It discusses particular constitutional design choices that are likely to arise in the United Kingdom to cover foundational principles, rights, and religion.
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Sripati, Vijayashri. "The Western Liberal Constitution’s Rise post 1989." In Constitution-Making under UN Auspices, 183–224. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199498024.003.0005.
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This chapter analyses United Nations Constitutional Assistance’s post-1989 rise, setting the stage for Chapter 6. It traces the Constitution’s internationalization from 1950, focussing on its conceptualization after 1989, as a rule of law strategy, and from 1999 onwards, as a ‘development’ understood as a ‘market-oriented poverty reduction’ strategy. It establishes that the Constitution, so conceptualized by the UN and the Bretton Woods Institutions was promoted in two contexts: post-conflict and development assistance. It was promoted ostensibly to achieve international law and policy ends: free markets, good governance, the rule of law and women’s rights. How the UN Development Programme melds constitutional assistance with development assistance to achieve international law and policy ends, receives focal attention. This chapter concludes that the good governance story is not about the promotion of the ‘rule of law’ or ‘development.’ Rather, it is about the internationalization of the Constitution subsumed under the ‘rule of law.’
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Sripati, Vijayashri. "United Nations Constitutional Assistance." In Constitution-Making under UN Auspices, 3–79. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199498024.003.0001.
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This chapter establishes United Nations Constitutional Assistance (UNCA) as a significant but uncharted international and constitutional law topic. UNCA is defined as a set of activities undertaken to produce/internationalize the Western liberal constitution. The Constitution’s salience is outlined to show that UNCA: sires UN/International Territorial Administration; is salient vis-à-vis the UN’s assistance in all other sectors (e.g., electoral, judicial, rule of law); and underpins UN peacebuilding/UN Statebuilding. This backdrop sets the stage for the book’s mission: to analyze UNCA through the concept of ‘Policy Institution’ and Purposive Analysis (analysis of the UN’s official statements). Which is: to investigate and identify the Constitution’s internationalization by international organizations (e.g., the League of Nations and the United Nations); to analyse how the Constitution and its purposes fit into international law and public policy; to consider how states internationalized the Constitution to achieve colonial trusteeship; and to explain how the legitimacy of UNCA with, and without ITA might be appraised in the light of this analysis.
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Bui, Ngoc Son. "Socialist Constitutional History." In Constitutional Change in the Contemporary Socialist World, 86–138. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198851349.003.0004.
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This chapter examines constitutional history in the five socialist countries. Their constitutional history can be analytically divided into three periods: pre-socialist, Soviet-era, and transitional. During the pre-socialist period, the five countries had their own constitutional history, which was predominantly informed by traditional values (e.g. Confucianism in China, Vietnam, and Korea, and Buddhism in Laos) and liberal modern values, although some socialist ideas were also partially adopted in some cases, such as the 1946 Constitution of Vietnam. In the Soviet era, except for the belated constitution-making in Laos, the four other countries made, replaced, or amended the socialist constitutions which were predominantly informed by five elements of socialist constitutional identity. Immediately after the collapse of the Soviet bloc, the five countries adapted their socialist constitutional system in the early 1990s in a transition with three separate elements: independent states, economic reforms, and institutional adjustment. The examination of socialist constitutional history has implications for comparative constitutional history.
Conference papers on the topic "Liberia. Constitution"
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Horvat Vuković, Ana, and Valentino Kuzelj. "CONSTITUTIONALITY DURING TIMES OF CRISIS: ANTI-PANDEMIC MEASURES AND THEIR EFFECT ON THE RULE OF LAW IN CROATIA." In 6th International Scientific Conference ERAZ - Knowledge Based Sustainable Development. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eraz.2020.59.
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The Croatian constitution-maker’s dedication to the concept of a social state begets the state’s duty to care for public health. This duty is especially salient amid the SARS-CoV-2 virus pandemic. One would be well-advised to be watchful of the dangers that periods of crisis pose for the viability of liberal democracies: in Croatia, protective measures against the COVID-19 disease have been entrusted to the national Civil Protection Command in an initially illegal way. This was later on retroactively convalidated by legislative “patchwork” solutions. It is to be expected that the issue of such measures’ constitutionality will in the foreseeable future present itself on the Constitutional Court’s docket. This paper focuses on one of the most contentious measures - that of a ban on Sunday trade, particularly its implications for the economic constitutional rights such as the right of ownership and entrepreneurial freedom. Furthermore, the authors’ analysis of several Constitutional Court’s decisions from the time of the previous economic crisis will endeavor to anticipate the Court’s decisions in upcoming cases.
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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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Glushkova, Svetlana. "Liberal Ideas of B.N. Chicherin: The Past and The Present." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-25.
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Russian liberal heritage, first of all, the scientific works of the famous Russian legal expert Boris Chicherin, is the fundamental basis for the developing science of human rights in modern Russia; it is from this position that this article examines Chicherin’s work. The main purpose of the study is to identify Chicherin’s priorities in shaping new progressive ideas for Russia and to examine the transformation of his views. In examining and analysing Chicherin’s liberal ideas, historical, logical and comparative methods were applied. It has been concluded that Chicherin set the foundation of the liberal theory of human rights, elaborated a set of progressive ideas and a blueprint of reforms, which determined the formation of several generations of liberals in autocratic Russia and are still relevant today. Defending the priority of private law over public law, Chicherin argued: a civil order based on private law must always be free from state absorption. He was among the first in Russia to develop the idea of a constitutional state in relation with the creation of free institutions and the formation of a high intellectual and moral level of society. By developing the new policy of ‘liberal measures and strong state authority’ as an optimal model for Russian state and society, Chicherin gave rise to the formation of political science in Russia. The author believes that the analysis and discussion of Chicherin’s academic writings in university classrooms and at academic conferences contribute to the formation of a culture of human rights, a liberal worldview, a new generation of reformers, and the advancement of the emerging science of human rights.
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Göktepe, Hülya. "Globalization, Competition and Competition Law." In International Conference on Eurasian Economies. Eurasian Economists Association, 2012. http://dx.doi.org/10.36880/c03.00479.
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The growth of competition law in recent years has been enormous throughout the world. This development of competition law is certainly influenced by globalization. Also, with the impact of privatization and liberalization in the last decade competition law has turned out to be a major concept in developing economies. Competition law provides the formation and protection of free competition. Modern market economy is the basis of the principle of free competition. Free competition provides an effective utilization of resources, price goes down, saving to reduce costs, find new technologies and their use in production. Desired markets, although a perfect competition market, because of market failures rather than the ideal situation monopolies, cartels can occur. At this stage, competition policies become important because they provide an efficient resource allocation, and constitutes an important element in raising the level of social welfare. Competition in the market without any intervention from inside or outside freely determine in the liberal economic systems is important. Competition law, at this stage, stepped in for the formation and protection of free competition and plays an important role. Competition law is state intervention tool in order to establish and maintain free competition in the economy. Competition laws is seen as the constitution of the economy The aim of this study is to analyze competition law rules is implemented in Turkey and Kazakhstan and to determine differences and similarities. Also Examples of decisions issued by the Turkish competition authority will be presented.
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Tucak, Ivana, and Anita Blagojević. "COVID- 19 PANDEMIC AND THE PROTECTION OF THE RIGHT TO ABORTION." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18355.
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The COVID - 19 pandemic that swept the world in 2020 and the reactions of state authorities to it are unparalleled events in modern history. In order to protect public health, states have limited a number of fundamental human rights that individuals have in accordance with national constitutions and international conventions. The focus of this paper is the right of access to abortion in the Member States of the European Union. In Europe, the situation with regard to the recognition of women's right to abortion is quite clear. All member states of the European Union, with the exception of Poland and Malta, recognize the rather liberal right of a woman to have an abortion in a certain period of time after conception. However, Malta and Poland, as members of the European Union, since abortion is seen as a service, must not hinder the travel of women abroad to have an abortion, nor restrict information on the provision of abortion services in other countries. In 2020, a pandemic highlighted all the weaknesses of this regime by preventing women from traveling to more liberal countries to perform abortions, thus calling into question their right to choose and protect their sexual and reproductive rights. This is not only the case in Poland and Malta, but also in countries that recognize the right to abortion but make it conditional on certain non-medical conditions, such as compulsory counselling; and the mandatory time period between applying for and performing an abortion; in situations present in certain countries where the problem of a woman exercising the right to abortion is a large number of doctors who do not provide this service based on their right to conscience. The paper is divided into three parts. The aim of the first part of the paper is to consider all the legal difficulties that women face in accessing abortion during the COVID -19 pandemic, restrictions that affect the protection of their dignity, right to life, privacy and right to equality. In the second part of the paper particular attention will be paid to the illiberal tendencies present in this period in some countries of Central and Eastern Europe, especially Poland. In the third part of the paper, emphasis will be put on the situation in Malta where there is a complete ban on abortion even in the case when the life of a pregnant woman is in danger.
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Garriga Inarejos, Rocío. "Palabra e imagen. La ley del espejo." In IV Congreso Internacional de Investigación en Artes Visuales. ANIAV 2019. Imagen [N] Visible. Valencia: Universitat Politècnica de València, 2019. http://dx.doi.org/10.4995/aniav.2019.9560.
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La ley del espejo es un trabajo artístico que trata de reflejar una parte de lo sucedido en el Zoológico de Varsovia con motivo del bombardeo de 1939. Este trabajo, que se expuso durante los meses de septiembre, octubre y noviembre en la Galería Freijo de Madrid, forma parte de un proyecto mucho más amplio, denominado Zoos Bombardeados. En él investigo las historias particulares de los Zoológicos que han sufrido esta suerte, y La ley del espejo es el primer resultado plástico relacionado, el primer “capítulo”. Desde mi punto de vista el arte tiene una potencia radical: es pensamiento y es emoción, abre caminos de comprensión. Volvemos la mirada al pasado, buscamos en internet, vemos películas y documentales, leemos novelas, vamos a exposiciones o a piezas teatrales que representan una parte de los mejores enfrentamientos y las más impactantes batallas de la Historia… como si fueran relatos míticos, epopeyas, como si no formaran parte de este mundo, como si no hubieran tenido realidad o como si ya no la tuvieran. Volver la mirada a la historia de los zoos bombardeados durante la Segunda Guerra Mundial podría circunscribirse en ello, en la distancia a-fectiva que proporciona el paso del tiempo. Sin embargo, la imagen de un zoo en llamas y de los animales que forzosamente libera la guerra es una imagen real, y también una metáfora brutal. El pasado es un elemento constitutivo de nuestro presente, y el arte un modo de aproximarnos a él experiencialmente. Tomaré como eje el trabajo elaborado en La ley del espejo para tratar de presentar algunas de las conexiones y tensiones entre lo que se dice y lo que se muestra, entre la palabra y la imagen.
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Lauc, Zvonimir, and Marijana Majnarić. "EU LEGAL SYSTEM AND CLAUSULA REBUS SIC STANTIBUS." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18352.
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We are witnesses and participants of Copernican changes in the world which result in major crises/challenges (economic, political, social, climate, demographic, migratory, MORAL) that significantly change “normal” circumstances. The law, as a large regulatory system, must find answers to these challenges. Primarily, these circumstances relate to (i) the pandemic - Corona 19, which requires ensuring economic development with a significant encroachment on human freedoms and rights; (ii) globalization, which fundamentally changes the concept of liberal capitalism as the most efficient system of production of goods and services and democracy as a desirable form of government; (iii) automation, robotics, artificial intelligence, and big data are changing the ways we work, live, communicate, and learn in a Copernican manner. The law should serve to shape the relationship between people in order to realize a life of love and freedom. This is done to the greatest extent through the constitutional engineering of selected institutions. The legal system focuses on institutions that have a raison d'etre in their mission, which is read as “ratio legis”, as a desirable normative and real action in the range of causal and teleological aspect. Crisis situations narrow social cohesion and weaken trust in institutions. It is imperative to seek constitutional engineering that finds a way out in autopoietic institutions in allopoietic environment. We believe that the most current definition of law is that = law is the negation of the negation of morality. It follows that morality is the most important category of social development. Legitimacy, and then legality, relies on morality. In other words, the rules of conduct must be highly correlated with morality - legitimacy - legality. What is legal follows the rules, what is lawful follows the moral substance and ethical permissibility. Therefore, only a fair and intelligent mastery of a highly professional and ethical teleological interpretation of law is a conditio sine qua non for overcoming current anomalies of social development. The juridical code of legal and illegal is a transformation of moral, legitimate and legal into YES, and immoral, illegitimate and illegal into NO. The future of education aims to generate a program for global action and a discussion on learning and knowledge for the future of humanity and the planet in a world of increasing complexity, uncertainty and insecurity.
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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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Rodríguez Mattalía, Lorena. "Prácticas audiovisuales críticas: conflicto, arte y política en Chantal Mouffe." In IV Congreso Internacional de Investigación en Artes Visuales. ANIAV 2019. Imagen [N] Visible. Valencia: Universitat Politècnica de València, 2019. http://dx.doi.org/10.4995/aniav.2019.9022.
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Esta ponencia retoma el texto de Chantal Mouffe Prácticas artísticas y democracia agonística (2007) y analiza su pertinencia en relación a las prácticas artísticas audiovisuales. El núcleo central de la teoría de Mouffe es su concepción de lo político como la dimensión antagonista inherente a las sociedades humanas. En base a una crítica del esencialismo y racionalismo del pensamiento liberal, Mouffe señala que la identidad no es una esencia, sino un proceso de construcción de subjetividades que se funda en la diferencia con el otro como su “exterior constitutivo”. Si la política tiene como punto de partida la constitución de identidades colectivas, estas tienen necesariamente una base antagonista, donde para que haya un “nosotros”, tiene que haber un “ellos”. El objetivo de la democracia es que ese nosotros/ellos no se articule bajo la lógica del amigo/enemigo, sino en base a la idea de adversarios que aceptan las reglas del juego democrático. Las teorías de Mouffe nos resultan muy útiles a la hora de entender la relación entre arte y política pues, para la autora, las prácticas artísticas y culturales son fundamentales ya que participan en la construcción de identidades, contribuyen en la reproducción del sentido común aceptado como válido o, por el contrario, trabajan en su impugnación. Por ello, las prácticas artísticas tienen siempre una dimensión política; la denominación “arte político”, por tanto, no tendría sentido, aunque sí la del “arte crítico” refiriéndose a formas artísticas que trabajan socavando el orden simbólico dado. Así, el arte crítico, cuando saca a la luz los conflictos que la supuesta ‘paz’ neoliberal quiere neutralizar, cuando cuestiona el consenso dominante y fomenta el disenso, está re-politizando lo social y contribuyendo al proyecto democrático. Estudiamos cómo dos obras audiovisuals, una de Patricio Guzmán y otra de Marcelo Expósito, en su empeño por revelar lo reprimido y volver visible aquello que ha sido tapado, no solamente están desarrollando un videoarte crítico, sino que están apostando por una democracia efectiva y plural.
Reports on the topic "Liberia. Constitution"
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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.