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Artykuły w czasopismach na temat „Constitution”

Autor: Grafiati

Data publikacji: 4 czerwca 2021

Data aktualizacji: 25 lipca 2025

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1

de Raadt, Jasper. "Contested Constitutions." East European Politics and Societies: and Cultures 23, no. 3 (2009): 315–38. http://dx.doi.org/10.1177/0888325409333192.

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What were the effects of constitution-making procedures on the acceptance of the new “rules of the political game” in postcommunist Central Europe? This article sets out to scrutinise the increasingly popular claim among politicians and scholars of democratisation that inclusiveness and popular involvement in constitution-making processes enhance a constitution's legitimacy. The concept of constitutional conflict, referring to political contestation over the interpretation and application of constitutional relations among state institutions, is introduced as a way to assess constitutional acce

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Costa, Renato. "John Finnis and the central case constitution." Journal of Legal Philosophy 49, no. 1 (2024): 25–49. http://dx.doi.org/10.4337/jlp.2024.01.02.

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This article formulates a novel conception of constitutions based on John Finnis’s jurisprudential work. The ‘central case constitution’ transcends the formal or functionalist analyses currently dominant in constitutional theory by considering a constitution as having a ‘double life’. Constitutions are necessarily and intrinsically normative and factual. The article explores Finnis’s natural law philosophy, emphasizing the central case constitution’s alignment with the practical reasonableness viewpoint and its role in directing a political community towards its common good. Focusing on key el

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Kaczmarczyk-Kłak, Katarzyna. "The principle of property protection in the Constitutionof the Republic of Poland - past and present." Nieruchomości@ III (September 30, 2023): 121–46. http://dx.doi.org/10.5604/01.3001.0053.8970.

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The purpose of this article is to present ownership as defined in the Constitution. The authoranalyses the issue from its recognition in the Constitutions of the interwar period, the Constitutionof 1952, to the current understanding in the Constitution of 1997. The problem ofinterpretation of ownership in selected jurisprudence of the Constitutional Tribunal, commonand administrative courts, as well as the limits of its protection is presented

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Shinar, Adam. "Deconstructing Mixed Constitutions." Law & Ethics of Human Rights 16, no. 1 (2022): 167–92. http://dx.doi.org/10.1515/lehr-2022-2005.

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Abstract A central task of comparative constitutional law scholarship is categorization and classification of constitutions. Recent scholarship, no doubt informed by the populist tide, has sought to develop the concept of a mixed constitution. Broadly speaking, a mixed constitution is a constitution that integrates liberal and illiberal elements, elements that are usually separate and not found under the same constitution. The study of “mixed constitutions” encompasses both descriptive and normative aspects. First, an attempt to ascertain what, exactly, makes a constitution “mixed.” Second, an

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Trifonov, S. G. "THE CONSTITUTION AS AN OBJECT OF LEGAL PROTECTION: THE HISTORICAL AND THEORETICAL ASPECT." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6(72), no. 3 (2021): 30–41. http://dx.doi.org/10.37279/2413-1733-2020-6-3-30-41.

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Ideas about the need for special means of protecting the Constitution arise and develop simultaneously with the appearance of the first written constitutions. The study of the protection of the Constitution reveals the legal tools that can be used to prevent attacks on constitutional principles and values. The article analyzes the meaning of the term Constitution in historical retrospect, highlights the organic connection between the terms Constitution and constitutionalism, and pays attention to the thoughts of scientists and educators about the Constitution and its legal protection. It also

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Palmer, Sir Geoffrey. "The Hazards of Making Constitutions: Some Reflections on Comparative Constitutional Law." Victoria University of Wellington Law Review 33, no. 3-4 (2002): 631–60. http://dx.doi.org/10.26686/vuwlr.v33i3-4.5815.

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After teaching comparative constitutional law in the United States, Sir Geoffrey Palmer explores the nature of constitutional law in general terms and how New Zealand could learn from others. The author compares New Zealand's uncodified constitution to, for example, the United States who has a codified written constitution. The article then discusses the entrenched nature of some constitutions, compared to New Zealand's flexible and fluid constitution that exists largely in several ordinary statutes. Because of New Zealand's fragmented constitution, it is argued that its constitution has an un

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Roznai, Yaniv. "What are We Talking About When We Talk About “Mixed Constitutions”? Towards a Typology of Constitutional Mixture." Law & Ethics of Human Rights 16, no. 2 (2022): 193–215. http://dx.doi.org/10.1515/lehr-2022-2010.

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Abstract This article argues that constitutional mixture should be regarded as an inherent, inevitable feature of constitutions, and to some degree all constitutions are mixed. Thus, “mixed constitutions” should not be regarded as a distinct category of constitutions. Instead of asking whether a constitution is mixed, it might therefore be more useful to ask in which characteristics and to what extent a constitution is mixed. To demonstrate this, the article provides a preliminary typology of constitutional mixture considering the form or system of government; the nature or character of govern

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Fombad, Charles Manga. "Constitution-Building in Africa." African and Asian Studies 13, no. 4 (2014): 429–51. http://dx.doi.org/10.1163/15692108-12341316.

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Constitution-building is a delicate and intricate process which requires ample reflection and careful choices. African constitution-builders and politicians have since the beginning of the 1990s embarked on a process of constitutional reforms. A careful examination of the developments of the last two decades shows that the process has almost provoked never-ending contagion of making, unmaking and remaking of constitutions. This paper attempts to provide an over-view of the changes that have been taking place. Some of the issues relating to the durability of national constitutions and theoretic

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JEONG, Kuk Won. "Comparison of preambles to constitutions around the world." European Constitutional Law Association 40 (December 30, 2022): 147–74. http://dx.doi.org/10.21592/eucj.2022.40.147.

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Preamble to the Constitution refers to a sentence or provision placed before the text of the Constitution, which consists of a part of the Constitutions. Preamble to the Constitution declares the historical origin and the basic principle of constitution, and also declares its constitutional commitment. The purpose of Preamble to the Constitution is to identify the subject and the procedure of Constitutions as well as the motive, purpose and ideology of Constitution showing the identify of Constitutions, but it is not included in the text along with appendix, and is not essential element of wri

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Quentin-Baxter, Alison. "Making Constitutions, From the Perspective of a Constitutional Adviser." Victoria University of Wellington Law Review 33, no. 3-4 (2002): 661–98. http://dx.doi.org/10.26686/vuwlr.v33i3-4.5813.

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This article summarises the author's experience of creating constitutions for the State of Niue, the Republic of the Marshall Islands, and the Republic of Fiji. She sets out eight general issues of discussion. First, when do countries make a new constitution? Secondly, how do constitutions act as the rules of the political game? Thirdly, how can a country make a constitution? Fourthly, how does the method of constitution-making affect the tasks of the constitutional adviser? Fifthly, should the public be involved in constitution-making, and how? Sixthly, what goes into a constitution? Seventhl

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Ghambaryan, Artur. "Contra constitutionem law development by the Parliament of Armenia." Sravnitel noe konstitucionnoe obozrenie 31, no. 4 (2022): 129–53. https://doi.org/10.21128/1812-7126-2022-4-129-153.

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The purpose of the article is to reveal the essence of contra constitutionem law development by the Armenian parliament in the context of its conflict with the Constitutional Court concerning the 2020 constitutional amendments. The objectives of the article are to present the concept and conditions for the justification of the contra constitutionem behavior of the parliament, to assess the need for its behavior contra constitutionem based on an urgent need for ensuring state-protective constitutional principles, and to discuss issues arising from the legal principle nemo iudex in sua causa as

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Darijus, Beinoravičius, Mesonis Gediminas, and Vainiutė Milda. "The Role and Place of the Preamble in Lithuanian Constitutional Regulation." Baltic Journal of Law & Politics 8, no. 2 (2015): 136–58. http://dx.doi.org/10.1515/bjlp-2015-0022.

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Abstract While analysing constitutions of various countries in the legal literature, typically not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state’s constitution has a unique structure, certain regularities can be discerned. The analysis of the structure of various constitutions leads to the conclusion that normally each constitution consists of the following standard structural parts: the preamble, the main part, the final, transit

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Buhaienko, K. "Constitution development cyclicity and factors that influence it." Uzhhorod National University Herald. Series: Law 1, no. 84 (2024): 133–37. http://dx.doi.org/10.24144/2307-3322.2024.84.1.19.

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The article is dedicated to the study of certain aspects of the constitution development cyclicity and the factors that influence such cyclicity. The author emphasizes that the state, society and the constitution are in constant interconnection with each other, and therefore formation of cyclicity of constitution development is inseparable from other legal phenomena. It was found that cyclicity is characterized by stability (invariability of the stages (phases) forming cyclicity of constitution development) and survivability (dynamics that forms the constitution’s ability to adapt to new chall

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Thi Hai Van, Nguyen, and Chu Van Ninh. "Perspectives on constitutional responsibility some countries in the world introduction and comparison with Vietnam." Jurnal Cita Hukum 11, no. 2 (2023): 209–18. http://dx.doi.org/10.15408/jch.v11i2.30616.

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The Constitution is the document with the highest position in the legal hierarchy, acting as the original law, as a basis for other documents in the system of legal documents of each country. The contents are indispensable in most constitutions. With the highest legal position and effect, the constitution plays an important role in ensuring human rights and citizens' rights by recognizing these rights, binding the state's responsibility in realizing these rights. constitutional rights and the constitution is also a document restricting the power of the state. Constitutional liability is an imp

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Kaplan Arık, Aslıhan. "Anayasa Değiştirme İktidarının Kötüye Kullanılmasını Önlemeye Yönelik Anayasa Değişikliği Usulünün Farklılaştırılması." International Journal of Social Sciences 7, no. 28 (2023): 280–92. http://dx.doi.org/10.52096/usbd.7.28.20.

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Constitution-making powers impose limitations on their power to amend the constitution in the constitutional texts they prepare. These limits are intended to prevent the differentiation or abolition of the basic philosophy of the constitution and the constitutional order established by the power to make the constitution. These limits, which are brought in order to prevent the constitutional amendment powers from making changes other than their purpose, are realized by further protecting the principles and values that are given special value in the constitutions of some countries and that const

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Aqbil Daffa Siahaan and Sasmi Nelwati. "Konstitusi dan Implikasi UUD 1945 dalam Era Modern." Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 3 (2024): 129–37. http://dx.doi.org/10.59059/mandub.v2i3.1363.

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Constitution comes from the English Contitution, or the Dutch Contitute, which means basic law. The meaning of constitution in constitutional practice can generally mean that first it is broader than basic law because the meaning of basic law only includes written constitutions in cases still there is an unwritten constitution that is not included in the constitution. Both have the same meaning as the constitution because they only contain written rules. The role of the constitution and the 1945 Constitution in the context of the modern era. The constitution is a document that regulates the st

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Fernando, Joseph M., and Ho Hui Ling. "British and Commonwealth legacies in the framing of the Malayan constitution, 1956–1957." Britain and the World 8, no. 2 (2015): 181–203. http://dx.doi.org/10.3366/brw.2015.0190.

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The drafting of a constitution is a complex consultative process. No country, including the United States and India, can claim that its constitution was entirely the original creation of its draftsmen. Framers of constitutions are inspired and influenced by a variety of sources from ancient and modern forms of government and laws. The 1957 Malayan federal constitution drafted by the Reid commission was no exception. While it is known that the drafting of the Malayan (now Malaysian) constitution was influenced by Commonwealth constitutions, the extent of this influence has remained unclear. Thi

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BELL, CHRISTINE. "Introduction: Bargaining on constitutions – Political settlements and constitutional state-building." Global Constitutionalism 6, no. 1 (2017): 13–32. http://dx.doi.org/10.1017/s2045381716000216.

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Abstract:This article considers the relationship between constitutions and political settlements and locates the special issue articles within this wider discussion. The article points to the apparently paradoxical connection between disillusionment with internationalised state-building techniques on one hand, and increased international faith in constitution-making as a state-building tool on the other. Using understandings of the relationship of the constitution to political settlement which draws on conventional constitutional theory, it argues that the current context of negotiated transit

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KAPLAN ARIK, Aslıhan. "Anayasa Değiştirme İktidarının Sınırlılığı ve Meşruluğu." International Journal of Social Sciences 8, no. 36 (2024): 42–57. http://dx.doi.org/10.52096/usbd.8.36.04.

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The powers that write constitutions from the very beginning are the constitution-making powers. It is not possible to make a new constitution when there is a constitutional order and an existing constitution. Especially the new constitution discussions that have been on the agenda frequently lately do not seem possible since the continuation of the existing constitution is in question. During an existing constitution and constitutional order, the constitution may undergo partial or complete changes. A complete change may have been permitted in a constitutional text and this authority may have

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Alexander, Larry. "WHAT ARE CONSTITUTIONS, AND WHAT SHOULD (AND CAN) THEY DO?" Social Philosophy and Policy 28, no. 1 (2010): 1–24. http://dx.doi.org/10.1017/s0265052510000038.

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AbstractA constitution is, as Article VI of the United States Constitution declares, the fundamental law of the land, supreme as a legal matter over any other nonconstitutional law. But that almost banal statement raises a number of theoretically vexed issues. What is law? How is constitutional law to be distinguished from nonconstitutional law? How do morality and moral rights fit into the picture? And what are the implications of the answers to these questions for such questions as how and by whom should constitutions be interpreted? These are the issues that I shall address.Alexander procee

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Dudko, Irina A. "On the Issue of Development of the Constitutional Right to Judicial Protection." Rossijskoe Pravosudie, no. 12 (November 14, 2024): 13–22. https://doi.org/10.37399/issn2072-909x.2024.12.13-22.

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The right to judicial protection in Russia in its entirety was enshrined only in the 1993 Constitution. The constitutional consolidation of judicial protection of rights and freedoms marked a new stage in the constitutional development of our country, a departure from the long-prevailing tradition of the priority of the state over the individual. It seems important to trace the evolution of the constitutional design of the right to judicial protection in the Russian Federation and foreign countries. Of significant interest is the analysis of draft constitutions proposed by various authors and

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Weiming, W., and N. Symaniuk. "The Changes of the Basic Rights in the Current Constitution of China." BRICS Law Journal 11, no. 2 (2024): 91–112. http://dx.doi.org/10.21684/2412-2343-2024-11-2-91-112.

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The current Constitution of the People’s Republic of China is the 1982 Constitution, which is the fourth constitution after the founding of the People’s Republic of China. The provisions of the current Constitution on the fundamental rights of citizens are generally similar to those of the first Constitution of 1954, but are more specific, while the freedom of movement provided for in the 1954 Constitution is deleted. The 1975 Constitution and the 1978 Constitution are the second and third Constitutions, respectively. Because of their special historical period, the provisions on fundamental ri

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Lino, Dylan. "The Australian Constitution as Symbol." Federal Law Review 48, no. 4 (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

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Kovtunyak, V. "Features of the relationship between the constitutional process and amendments to the constitution." Analytical and Comparative Jurisprudence, no. 2 (July 24, 2022): 70–73. http://dx.doi.org/10.24144/2788-6018.2022.02.12.

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The article examines the theoretical and practical issues of analysis and understanding of amendments to the constitution as an integral part of the constitutional process. The special properties of constitutions that affect the process of amending the basic law are identified. The understanding of the constitutional process in the modern period, its tasks and constituent elements are analyzed, its goals and purpose are investigated. The main stages of the procedure for making changes that are observed in practice and their features are identified. The process of amending the constitution as a

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Harvelian, Agnes, Muchamad Ali Safa'at, Aan Eko Widiarto, and Indah Dwi Qurbani. "CONSTITUTIONAL INTERPRETATION OF ORIGINAL INTENT ON FINDING THE MEANING OF SOCIAL JUSTICE IN THE CONSTITUTIONAL REVIEW." Yustisia Jurnal Hukum 9, no. 3 (2020): 348. http://dx.doi.org/10.20961/yustisia.v9i3.42003.

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<p><em>This article will study whether original intent method able to find justice in constitution and formulate constitutional interpretation that will able to perform constitutional supremacy. This study uses a doctrinal approach or also referred to as the normative legal approach. The method taken in this writing is analysis descriptive which describes and analyses constitutional interpretation with original intent method. Formulating constitution interpretation which answers people dynamic but doesn’t lose its original constitutional intent. This research shows that Constitutio

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Beckman, Ludvig. "Democratic legitimacy does not require constitutional referendum. On ‘the constitution’ in theories of constituent power." European Constitutional Law Review 14, no. 3 (2018): 567–83. http://dx.doi.org/10.1017/s1574019618000287.

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Constitutional referendum – Popular sovereignty – Constituent power – Democratic legitimacy – Participation in referendum as exercise of constituent power – The legal status conception of the constitution – The legal functions conception of the constitution – Open question whether every provision in codified constitutions is essential to constituent power – Therefore, constitutional referendum not always mandated by democratic legitimacy

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Barseghyan, Sose. "Manifestation of Direct Application of Constitutional Norms in the Field of Law Enforcement." Bulletin of Yerevan University C: Jurisprudence 14, no. 2 (39) (2023): 61–68. http://dx.doi.org/10.46991/bysu:c/2023.14.2.061.

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The article refers to the application of constitutional norms by the courts and the interpretation given in the practice of the Constitutionl Court. In particular, the right of a person to seek judicial linitgation to protect his/her constitutional rights, the jurisdiction of the courts to apply the Constitution, the relantionship between the principle of supremacy of Constitution and the concept of implementantion of Constitution, the duty of ordinary courts to appeal to the Constitutional court and simultaneously justify unconstitutionality of a legislative norm, have become the subject of d

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Fombad, Charles Manga. "Designing Institutions and Mechanisms for the Implementation and Enforcement of the Constitution: Changing Perspectives in Africa." African Journal of International and Comparative Law 25, no. 1 (2017): 66–90. http://dx.doi.org/10.3366/ajicl.2017.0182.

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Until fairly recently, the issue of constitutional implementation has surprisingly received little attention both in constitutional theory and practice. Yet it is a crucial aspect of constitutional effectiveness. Without a carefully thought-out strategy for implementing and enforcing a constitution, its practical effectiveness in promoting constitutionalism, respect for the rule of law, and good governance may be quite limited. The Kenyan 2010 Constitution provides a backdrop against which this article examines certain critical issues in designing institutions and mechanisms for ensuring that

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Tafani, Ismail, and Renata Tokrri. "Some Reflections on the Constitutional Review in Albania in a Comparison Key." Mediterranean Journal of Social Sciences 12, no. 2 (2021): 22. http://dx.doi.org/10.36941/mjss-2021-0009.

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In this study we will try to analyze the foundations of the Constitution as a pillar and as a guarantee for its solidity. The study will also address the need for revision of the constitution as a fundamental element of its existence and continuity. Particular emphasis will be given to the comparison of the constitutions of the most important countries in the world as regards the procedures and limits to the constitutional revision. In this sense, the constitutions of some Balkan Peninsula countries will be analyzed to draw a comparison and analyze the Albanian Constitution as regards the proc

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Sagüés, Néstor Pedro. "Tras las huellas de Hans Kelsen." Revista Anuario Parlamento y Constitución, no. 21 (November 24, 2020): 179–204. https://doi.org/10.71206/rapc.54.

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One hundred years ago, two countries, Czechoslovakia and Austria, in this order, programmed in theirs constitutions a Constitutional Court. Theirs intellectual authors and competences were partially differents. In 1921, Liechtenstein changed his Constitution and organized a Court of State as a similar constitutional tribunal. And in 1940, Cuba designed in the Constitution a “Tribunal of Constitutional and Social guarantees”, as an chamber of her Supreme Court.

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Suharno, Suharno, Amir Junaidi, and Muhammad Aziz Zaelani. "Embodying The Meaning Of The Guardian Of The Constitution In The Role Of The Constitutional Court Of Reducing Constitutions Indicated By Policy Corruption." International Journal of Educational Research & Social Sciences 2, no. 3 (2021): 592–99. http://dx.doi.org/10.51601/ijersc.v2i3.88.

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Purpose of this study was to answer two problems: (i) how is the guardian of the constitution embodied through the function of the Constitutional Court; and (ii) how the Constitutional Court as the guardian of the constitution reduces constitutions that are indicated by the policy corruption. Policy corruption is an invisible and covert element that able to threaten the synergy of the legal system and the public interest. The form of policy corruption is realized in the form of a law. Efforts that can be made to reduce the policy corruption are to implement the tight control over the media, wh

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Lee, Hwanghee. "Stability and Changeability: Theoretical Considerations on the Process and the Way of Constitutional Amendment." Korean Constitutional Law Association 30, no. 1 (2024): 41–78. http://dx.doi.org/10.35901/kjcl.2024.30.1.41.

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Societies are constantly changing, and legal systems are always organized in the context of those changes. Constitutions have a dual nature in the context of social change. On the one hand, it seeks to remain stable in the face of social change (stability). This helps maintain a normative and institutional core that should not be easily altered in response to social changes. On the other hand, it also aims to adapt to social changes (changeability). Constitutions themselves recognize the possibility of amendment and are open to various interpretations and applications. The two may seem contrad

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Qu, Qi, Rui Jiang, Feng Luo, Shuanglin Mou, Zheng Zhang, and Wensheng Zhu. "The correlation between traditional Chinese medicine constitution and primary osteoporosis: A systematic review and meta-analysis." Medicine 103, no. 37 (2024): e39560. http://dx.doi.org/10.1097/md.0000000000039560.

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Background: In recent years, as societal awareness of the risks associated with primary osteoporosis (POP) has deepened, numerous studies have explored the relationship between POP and Traditional Chinese Medicine (TCM) constitution types. To further clarify the TCM constitution types closely associated with POP and provide evidence-based medical support for the prevention and treatment of osteoporosis from a TCM perspective, we have employed evidence-based methods to investigate the relationship between POP and TCM constitution types. Methods: We conducted a comprehensive search of observatio

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Yun, Jeong-In. "Political Party Clause of the Korean Constitution: De Constitutione Ferenda." Korean Association of International Association of Constitutional Law 29, no. 1 (2023): 165–207. http://dx.doi.org/10.24324/kiacl.2023.29.1.165.

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The Korean Constitution’s political party clause(party clause) and party legislation which were designed during the authoritarian regime have since shaped the reality of party politics and the party system so far. Particularly, the theoretical background and legal argument that formed the basis for such party regulation still impact constitutional jurisprudence and judicial practice. This article thus explores a way forward to get out of the wrong path paved in the past that has led the Korean malfunctioning party politics. In scholarship and politics, the problem regarding the interpretation

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Al-Shukri, Dr Ali Youssef. "The President of the Republic in Iraq." Journal of Jurisprudence Faculty 1, no. 4 (2007): 111–35. https://doi.org/10.36324/fqhj.vi4.8377.

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Since the fall of the monarchy in Iraq in 1958, interim constitutions have been issued in succession, followed by dictatorships leading military coups and ruling the executive authority, each claiming that it came to save the nation from the woes of a defunct regime. These constitutions were crowned by the 1970 interim constitution, which remained in effect until the fall of Saddam Hussein's regime in 2003. This stage was followed by the issuance of the Law of Administration for the Transitional Period, and this law interpreted the phrase (transitional period) as the stage required to draft a

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Ożóg, Michał. "Legal Protection of Life in the Constitutions of the Republic of Poland of March 17, 1921 and April 2, 1997." Miscellanea Historico-Iuridica 21, no. 2 (2022): 153–76. http://dx.doi.org/10.15290/mhi.2022.21.02.07.

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The issue of legal protection of life from Article 38 of the 1997 Constitution is one of the most important dilemmas of modern Polish law. This issue was already regulated in the March Constitution. The purpose of the article is to present the normative content of the legal protection of life on the basis of both constitutions. The research objective is to determine the importance of the two constitutions in providing legal protection of life in the context of the tasks of the ordinary legislature and the importance of judicial decisions. The text confronts the assumptions of the system legisl

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Price, Peter. "Provincializing Constitutions: History, Narrative, and the Disappearance of Canada’s Provincial Constitutions." Perspectives on Federalism 9, no. 3 (2017): E—31—E—56. http://dx.doi.org/10.1515/pof-2017-0019.

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Abstract Constitutional scholarship in Canada since Confederation has been characterized by two primary narratives. The dualist narrative, which characterized constitutional scholarship between the late-nineteenth and mid-twentieth centuries, focussed on the parallel developments of provincial and federal constitutions. The monist narrative, which has become the dominant model of interpretation since the mid-twentieth century, focusses on the federal constitution as a singular foundation of constitutionalism in Canada. As a result of the shift from dualism to monism, provincial constitutions h

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Popadyuk, O. A. "17 amendments of the Pakistani constitution." MGIMO Review of International Relations, no. 6(9) (December 28, 2009): 175–79. http://dx.doi.org/10.24833/2071-8160-2009-6-9-175-179.

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Since its foundation Pakistan has passed a unique path of constitutional and legal development. Through this period 3 Constitutions were adopted, the latest, proclaimed in 1973, is still in force. It was amended for several times. These amendments changed the sense of Constitution drastically. The article analyzes 17 amendments of Pakistani constitution, legal consequences of their adoption, and patterns of constitutional and legal developments in Pakistan.

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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 con

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Moehler, Devra C. "Participation and support for the constitution in Uganda." Journal of Modern African Studies 44, no. 2 (2006): 275–308. http://dx.doi.org/10.1017/s0022278x06001637.

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A major challenge for transitioning states is to create a constituency of citizens to support and defend the new constitution. Participatory constitution-making is one of the most often recommended methods for enhancing constitutional legitimacy. This research tests the claim that public participation in the Ugandan constitution-making process built support for the 1995 constitution. Contrary to expectations, multivariate analysis of survey data demonstrates that citizens who were active in the process were no more supportive of the constitution than those who stayed at home. In-depth intervie

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Gautam, Dilli Raj. "An Assessment on the Constitution of Nepal 2015." Journal of Political Science 20 (October 4, 2020): 46–60. http://dx.doi.org/10.3126/jps.v20i0.31794.

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This paper aims to critically examine the major features, strengths and weaknesses of the present constitution of Nepal (2015) applying the fundamental instruments of constitutionalism as a measuring rod. The Constitutional discourse of Nepal moved through seven Constitutions so far. It can be better linked to a laboratory of constitutional experiments of the constitutions of 1948, 1951, 1959, 1962, 1990, 2007, and 2015. The present constitution of Nepal (2015) was promulgated with the motive of political and social transformation strengthening democracy, human rights, ensuring equality, liber

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Stefanovski, Mirjana. "Radivoje Milojkovic’s 1867 constitution draft." Zbornik Matice srpske za drustvene nauke, no. 138 (2012): 1–16. http://dx.doi.org/10.2298/zmsdn1238001s.

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As an authoritative work of an excellently educated writer well acquainted with constitutional theory and foreign constitutional solutions, Milojkovic?s draft constitution is also a product of a serious political reasoning. That draft deserves a particular and very important role in the nineteenth century constitutional history of Serbia. It is an evidence of the character of constitutional transformation prepared during the last years of Prince Mihailo?s reign. Taken for the specimen during the enacting of Regent Constitution of 1869, which followed it in its basic concept, composition of con

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Reyntjens, Filip. "Recent Developments in the Public Law of Francophone African States." Journal of African Law 30, no. 2 (1986): 75–90. http://dx.doi.org/10.1017/s0021855300006501.

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The origin of the initial African constitutions is easy to establish. While the former British territories “received” their Westminster-type constitutions negotiated during the Lancaster House conferences, the former French territories, except Guinea, became independent under constitutions drawing heavily upon the constitution of the Fifth French Republic, of which they were virtual copies. Among the countries formerly under Belgian rule, the Congo (Zaïre) was the only one attaining independence with a constitution, theLoi fondamentaleof 1960 which was an Act of the Belgian Parliament.Therefor

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劉曉穎. "論特別行政區憲法實施的制度體系及其構成". 國際人文社科研究 3, № 6 (2024): 21–31. https://doi.org/10.63944/5dnft370.

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The implementation of the Constitution of the Special Administrative Region is a significant theoretical issue related to the implementation of the Constitution under the “One Country, Two Systems” policy. Currently, theoretical discussions primarily focus on the judicial application of the Constitution in the Special Administrative Region, often neglecting other forms of constitutional implementation. The theoretical connotation of the implementation of the Constitution of the Special Administrative Region needs to be comprehended in conjunction with the forms of Constitution implementation,

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Sampe, John, Rosa Ristawati, and Be Hakyou. "The Guardian of Constitution: A Comparative Perspective of Indonesia and Cambodia." Hasanuddin Law Review 9, no. 2 (2023): 211. http://dx.doi.org/10.20956/halrev.v9i2.4627.

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A democratic state may be indicated by the existence of a constitutional institution that has the competence to uphold constitutionalism and defend the constitution. As the guardian of the constitution, the Constitutional Council of the Kingdom of Cambodia (Constitutional Council) and the Constitutional Court of the Republic of Indonesia (Constitutional Court) have the same purpose, namely to uphold constitutionalism and protect the constitution. However, in terms of structure, procedures, and competencies, the Constitutional Council and the Constitutional Court have individual mechanisms. Ins

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Pernice, Ingolf. "European v. National Constitutions." European Constitutional Law Review 1, no. 1 (2004): 99–103. http://dx.doi.org/10.1017/s1574019605000994.

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In federal systems public authority is established by the people and exercised for the people at two levels. The treaties establishing the European Union may be conceptualised as the constitution of a supranational public authority, part of a federal system. And what the European Convention has submitted to the European Council to agree upon is an attempt to give this constitution a more coherent, more complete and more appealing form. The new ‘Constitution for Europe’ will be concluded, formally, by an international treaty. But governments and national parliaments will do this on behalf of th

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Yu, Wenjun, Mingyue Ma, Xuemei Chen, et al. "Traditional Chinese Medicine and Constitutional Medicine in China, Japan and Korea: A Comparative Study." American Journal of Chinese Medicine 45, no. 01 (2017): 1–12. http://dx.doi.org/10.1142/s0192415x1750001x.

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Traditional Chinese medicine (TCM), Japanese–Chinese medicine, and Korean Sasang constitutional medicine have common origins. However, the constitutional medicines of China, Japan, and Korea differ because of the influence of geographical culture, social environment, national practices, and other factors. This paper aimed to compare the constitutional medicines of China, Japan, and Korea in terms of theoretical origin, constitutional classification, constitution and pathogenesis, clinical applications and basic studies that were conducted. The constitutional theories of the three countries are

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Hessebon, Gedion T. "The Precarious Future of the Ethiopian Constitution." Journal of African Law 57, no. 2 (2013): 215–33. http://dx.doi.org/10.1017/s0021855313000090.

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AbstractThe current Ethiopian Constitution suffers from a severe lack of legitimacy. It lacks legitimacy as a result of a constitution-making process that was not inclusive, as well as the subsequent serious lack of integrity and vitality in the constitutional system. Therefore, if the ruling party, which is also the “author” of the constitution, were to lose its hegemonic position, which is predicated on its control of the security and military apparatus, there is a strong likelihood that there would be calls from significant political forces for a new constitution to be adopted. Such calls s

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Graber, Mark A. "Why Interpret? Political Justification and American Constitutionalism." Review of Politics 56, no. 3 (1994): 415–40. http://dx.doi.org/10.1017/s0034670500018908.

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This article offers a new understanding of political justification and American constitutionalism. Previous scholarship relies on philosophical justifications of constitutionalism which regard the American Constitution as the blueprint of the good society. Such claims fail to explain why persons should interpret a constitution that does not conform to their conception of political justice. Scholars could offer better reasons for interpreting an imperfect constitution if they placed greater emphasis on two other models of political justification. Institutional justifications of constitutionalis

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Tuma, Gwendoline, and Nikolai G. Wenzel. ""People, Your Government Has Returned to You!" The Czech Constitution of 1992 as Return to Constitutional Tradition." New Perspectives on Political Economy 9, no. 1-2 (2013): 38–52. http://dx.doi.org/10.62374/qnptwq91.

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Unlike many of its Eastern European neighbors, the Czech Republic originates from a healthy constitutional tradition. Upon the creation of Czechoslovakia and through the modern day, the Czech Republic has had four constitutions, with major amendments to the documents of the Communist era. Three constitutions, from 1920, 1948, and 1960, served as guidelines for the creation of the 1992 constitution. Because the Czech Republic had not foreseen the Velvet Divorce from Slovakia, government officials found themselves in a rush to create a constitution for the new Czech state. The new document respo

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