scholarly journals Compromesso astorico: the role of the Senate after the Italian constitutional reform

2016 ◽  
Vol 47 (1) ◽  
pp. 87-104 ◽  
Author(s):  
George Tsebelis
Keyword(s):  
Economic Consequences ◽  
Constitutional Reform ◽  
Veto Players ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Agenda Setter ◽  
The Government ◽  
New Policies ◽  
Selection Of

The article examines the content of the constitutional amendments with respect to the Senate. While symmetric bicameralism would be abolished with respect to policymaking, it would be preserved and even exacerbated with respect to constitutional revisions. The consequences of the first would be a reduction of the number of institutional veto players, which would lead to the facilitation of policy change, and an increase in the power of the government (who is the agenda setter). The content of the new policies remains unknown, as are the economic consequences of the proposed changes. Constitutional revisions would become more difficult, because the ideological distance between the Chamber of Deputies and Senate would be likely to increase (because of the mode of selection of Senators), while article 138, which specifies the requirements for amendment to the constitution, would remain the same. As a result, the role of the Italian Constitutional Court would also likely increase.

Präsident, Regierung und Staatsrat – Die einfachgesetzliche Umsetzung der russischen Verfassungsreform

2021 ◽  
Vol 67 (1) ◽  
pp. 41-57
Author(s):  
Caroline von Gall
Keyword(s):  
Separation Of Powers ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Open Questions ◽  
Russian Constitution ◽  
Russian President ◽  
Strong Position ◽  
Federal Laws ◽  
The Government

The article discusses the 2020 Russian constitutional reform and its implementation by legal amendments to many laws of the Russian Federation. The article focuses on the amendments to the new Law on the State Council and on the changes to the Law on the Government and the relationships of these institutions to the Russian President. The 1993 Russian constitution already gave extensive powers to the Federal President and a strong position within the power structure. The federal laws and jurisprudence of the Constitutional Court in force until 2020 further strengthened the powers of the president. That stood in contrast to a liberal interpretation of the constitution in the light of its basic principles laid down in the first section, in particular the principles of democracy and separation of powers. By the 2020 constitutional amendments, the discrepancy between the norms of the constitution on the president and the federal organs and the constitutional reality in form of federal laws with respect to the relationship between the President and the government is getting smaller. However, the constitutional reform also left open questions. The amendments to the laws partially answer these questions and again strengthen the powers of the president.

Some Reflections on the Constitutional Review in Albania in a Comparison Key

2021 ◽  
Vol 12 (2) ◽  
pp. 22
Author(s):  
Ismail Tafani ◽  
Renata Tokrri
Keyword(s):  
Balkan Peninsula ◽  
Point Of View ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Constitutional Review ◽  
The World ◽  
Constitutional Legitimacy ◽  
Formal Point ◽  
Constitutional Revision

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 procedure for its revision. The study intends to analyze the procedures for the revision of the Constitution as well as the explicit and implicit limits to these revisions. In the Constitutional revision in Albania in 2016, the role of the Constitutional Court on the control of the constitutional legitimacy of constitutional revision laws was clarified. Formal constitutionality is usually emphasized since the Albanian constitutional reform underlined that the Constitutional Court in Albania could express itself on the constitutionality of the Constitutional revision law only from a formal point of view.   Received: 2 January 2021 / Accepted: 27 February 2021 / Published: 7 March 2021

Introduction

2021 ◽  
pp. 3-30
Author(s):  
Alejandro Linares-Cantillo
Keyword(s):  
Transitional Justice ◽  
Constitutional Law ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Constitutional Amendments ◽  
Leading Role ◽  
Comparative Constitutional Law ◽  
The Republic

This introductory chapter provides an overview of the twenty essays compiled for the XIII conference of the Constitutional Court of the Republic of Colombia, which was held in Bogota in January of 2019. The collection is divided into three thematic parts which illustrate five subjects at the spotlight of comparative constitutional law, in light of the growing circulation and intensification of the idea of constitutionalism. The first part examines the evolving and leading role of constitutional courts in constitutional democracies. The second part allows constitutional experiences speak for themselves and discusses tensions and debates in three topics: (A) the growing trend to judicially enforce 'constitutional unamendability' under the doctrine of 'unconstitutional constitutional amendments'; (B) the idea of 'transformative constitutionalism' in the area of social rights enforcement; and (C) the models of transitional justice and their implementation in the Colombian case. Finally, the third part analyses vertical and horizontal movements of constitutional law doctrines and decisions.

The Rule of Law Paradox in the 2016 Constitutional Amendments in Albania

2020 ◽  
pp. 95-110
Author(s):  
Darinka Piqani
Keyword(s):  
Rule Of Law ◽  
Constitutional Reform ◽  
Judicial System ◽  
Candidate Country ◽  
Constitutional Court ◽  
Contributing Factors ◽  
Constitutional Amendments ◽  
The Rule Of Law

In 2016, the Albanian constitution underwent the most comprehensive constitutional reform since its adoption in 1998. One of the purposes of this reform was to transform the judicial system in Albania in order to detach it from corruption. One of the novelties of the reform was the vetting process of judges and prosecutors at all levels, including judges of the Albanian Constitutional Court. Following termination of mandates of some of the members to the Court, dismissals, and resignations in the context of the vetting process, Albania’s Constitutional Court did not function for more than a year. Although indisputably the constitutional reform and more specifically vetting were designed as a means of guaranteeing the rule of law, it seems that they were contributing factors to the stalemate within the Constitutional Court, thus ultimately undermining the rule of law. This chapter unfolds this paradox in Albania, an EU candidate country.

scholarly journals Constitutionality of the Colombia-France Bilateral Investment Treaty

2020 ◽  
Vol 114 (3) ◽  
pp. 471-478
Author(s):  
Rafael Tamayo-Álvarez
Keyword(s):  
International Investment ◽  
Constitutional Court ◽  
Investment Treaty ◽  
Adverse Impacts ◽  
International Investment Agreements ◽  
The Government ◽  
Benefits And Costs ◽  
Investment Agreements ◽  
Practical Implications

In a judgment issued on June 6, 2019 (Judgment), the Colombian Constitutional Court (Court) examined the constitutionality of the Agreement for the Reciprocal Promotion and Protection of Investments between Colombia and France (Agreement). The Court upheld the constitutionality of the Agreement on the condition that the government adopt a joint interpretative statement with France to clarify some of its provisions and prevent interpretations contrary to the Colombian constitutional order. In doing so, the Court articulated a standard of review that takes into account the benefits and costs of international investment agreements (IIAs), the application of which entailed an insightful examination of the Agreement in light of the decisions of investment tribunals. The judgment raises significant issues of public international law, including the practical implications of conditioning ratification of the Agreement on adoption of a joint interpretative statement and the role of such statements in the interpretation of IIAs. Furthermore, the judgment makes important contributions to the ongoing process of reform of the investment treaty regime and the strategies adopted by states to counter the adverse impacts of IIAs on regulatory autonomy.

Reading Geographical Names as Text: Refiguring the “Living Archive” in Postcolonial South Africa

2020 ◽  
Vol 83 (1) ◽  
pp. 21-56
Author(s):  
Veronica Ehrenreich-Risner
Keyword(s):  
South Africa ◽  
Democratic Governance ◽  
The Political ◽  
Recent Past ◽  
Power Shifts ◽  
Boundary Making ◽  
The Government ◽  
Usable Past ◽  
Selection Of

Geographical renaming as a methodology to deconstruct power shifts in South Africa allows for inclusion of silenced and marginalized voices from the country's recent past. This article examines the symbolic power of the state, as well as of the processes of boundary-making under the lens of place renaming with a focus on the province of Gauteng. The article introduces the phrase “living archive” to unpack South Africa's changing perceptions of who is oppressor and who is oppressed in the ongoing transition to democratic governance. The article employs the renaming of sites as a metanarrative to reveal a nuanced picture of the political shifts in power. Through the selection of particular facts as usable past, the article argues, the government seeks to identify who is worthy of the role of hero or victim in post-apartheid South Africa.

scholarly journals Constitution Review- between necessity and opportunity

2020 ◽  
pp. 11-26
Author(s):  
ANCA-JEANINA NIȚĂ
Keyword(s):  
Political Elite ◽  
The Political ◽  
Constitutional Court ◽  
Democratic Regime ◽  
Parliamentary Democracy ◽  
Constitutional Amendments ◽  
Legislative Proposals ◽  
The Government ◽  
Institutional Actors ◽  
Constitutional Revision

The present article aims to rediscuss the variables of constitutional revision. This effort stems from the recent initiatives purporting “to reform the Constitutional Court of Romania” and observations regarding the “major deficit of parliamentary democracy in the legislative procedure”, generated by the special procedures of “tacit adoption”, “assuming responsibility” and the excess of legislative power on part of the Government, as expressed through ordinances. Given a constitution needs a certain level of stability and the possibility to adapt to new, political and social realities, this article showcases the procedural rules and limits in relation to constitutional revision. It selectively presents possible outcomes of a future constitutional revision – stemming from the observation of disfunctions manifested in the functioning of the constitutional-statal mechanism (particularly the parliamentary practice of tacitly adopting bills and legislative proposals and the governmental practices in the field of assuming responsibility before Parliament and of adopting emergency ordinances). It showcases the constitutional and infraconstitutional framework regulating the organization and functioning of the Constitutional Court of Romania and remarks a recent bill to amend Law No. 47/1992. Last but not least, it analyses whether constitutional amendments would actually play a part in consolidating the democratic regime of Romania if not paired with a reform of the political elite, reshaping the conduct of the main political and institutional actors

scholarly journals معاشرہ میں منبر و محراب کا کردار۔ایک تحقیقی جائزہ

rahatulquloob ◽  
2020 ◽  
pp. 96-110
Author(s):  
Dr Muhammad Ishaq Alam ◽  
Dr Aziz ur Rehman Saifee
Keyword(s):  
Code Of Conduct ◽  
The State ◽  
Important Place ◽  
Pivotal Point ◽  
Religious Issues ◽  
The Government ◽  
New Policies ◽  
The Masses ◽  
Holy Place

Masjid is a holy place of ALLAH, which is not only a central point for prayers but also a pivotal point for Muslim Collectivism. Miner and Altar (Menbar o mehrab) are the most important place in a Masjid from where people have been acquiring religious, political and social guidance for centuries. In the era of Prophet Muhammad and during Caliphate, the services of a Masjid used to be very wide-ranging and comprehensive. The sermon of reigning Caliph was delivered on this very Miner of Masjid. From here, the general public was given the awareness of new policies and State decisions. But, the scope of the services of Masjid got very narrowed down when those who were responsible for the state abandoned their role of leading from this platform. now the role of Miner & Altar is limited to providing only the religious guidance. Even then, in recent times, the state of Masjid in our society has been deter-iorated. From the Miner and Altar of a Masjid, we listen more of sectarianism rather than the Deen-e-Islam itself. The same old conventional and controversial matters are repeated again and again; and the contemporary religious issues are put aside and ignored. There is a proper code of conduct in many countries in this regard. But, we have a very different situation in our country where the Miner and Altar are very much autonomous and independent. So, the custodianship of Miner and Altar in Masjid should only be given to well-educated and reasonable people who have good eye for contemporary environment and guide their followers by discussing important social and religious issues rather than propagating their preferred sects. And more importantly, the representative of the government should also periodically take charge of this custodianship so that the masses are politically guided and they become closer to each other as well.

scholarly journals PELIBATAN MAHKAMAH KONSTITUSI DALAM PERUBAHAN (ULANG) UUD 1945 YANG PARTISIPATIF MELALUI KOMISI KONSTITUSI

2013 ◽  
Vol 2 (2) ◽  
Author(s):  
Ni’matul Huda
Keyword(s):  
Presidential Election ◽  
Transition To Democracy ◽  
Constitutional Reform ◽  
Constitutional Court

<p align="center"><strong>Abstract</strong></p><p><em>c</em><em>urrently reappears demands change as a result of the 1945 constitution as a evaluation 10 years after the 1945 constitution implementation after change. In this period there have been several issues submitted to the constitutional court about the testing of individual candidates in the presidential election, additional authority in perppu, constitutional complaint and the constitutional question by the court, the role of legislation optimalization dpd. This paper initiated a change the 1945 constitution more participatory through the constitutional commission more independent than the previous constitutional commission, with a mandate to prepare draft changes the 1945 constitution. Learning from the experience of various countries are also undergoing transition to democracy and constitutional reform, we should initiate to engage the court in a change in  1945 constitution.</em></p><p><strong><em>Keywords: </em></strong><em>c</em><em>onstitutional court, participatory, constitutional commission.</em></p><p align="center"><strong>Abstrak</strong></p><p>Saat ini muncul kembali tuntutan perubahan (ulang) terhadap UUD 1945 sebagai hasil evaluasi 10 tahun lebih implementasi UUD 1945 pasca perubahan. Dalam kurun waktu tersebut sudah ada beberapa persoalan yang diajukan ke Mahkamah Konstitusi pengujian tentang calon perseorangan dalam pemilihan presiden, tambahan kewenangan Perppu, constitutional complaint dan constitutional question oleh MK, optimlisasi peran legislasi DPD, dan lain-lain. Tulisan ini menggagas perubahan (ulang) UUD 1945 yang lebih partisipatoris melalui Komisi Konstitusi yang lebih independen dibandingkan Komisi Konstitusi yang sebelumnya, dengan mandat menyiapkan draft perubahan (ulang) UUD 1945. Belajar dari pengalaman berbagai Negara yang juga mengalami transisi demokrasi dan reformasi konstitusi, ada baiknya kita menggagas untuk melibatkan MK dalam perubahan (ulang) UUD 1945.</p><p><strong>Kata Kunci: </strong>Mahkamah Konstitusi, Partisipatif, Komisi Konstitusi</p>

Sign in / Sign up

Export Citation Format

Share Document