scholarly journals Parliamentary Supremacy versus Judicial SupremacyHow can adversarial judicial, public, and political dialogue be institutionalised?

2016 ◽  
Vol 12 (1) ◽  
pp. 159 ◽  
Author(s):  
Veit Bader
Keyword(s):  
Political Dialogue ◽  
Judicial Supremacy ◽  
Parliamentary Supremacy

Courts, Constitutions, and Labor Politics in England and America: A Study of the Constitutive Power of Law

1991 ◽  
Vol 16 (01) ◽  
pp. 1-34 ◽  
Author(s):  
William E. Forbath
Keyword(s):  
United States ◽  
Broad Class ◽  
The United States ◽  
Turn Of The Century ◽  
Labor Politics ◽  
Trade Unionism ◽  
Judicial Supremacy ◽  
The Difference ◽  
Parliamentary Supremacy ◽  
The 19Th Century

For most of the 19th century, the labor movements of England and America seemed to be developing along similar lines. Then, in the decades around the turn of the century, both movements were embroiled in a common battle over the political soul of trade unionism. In England, the champions of broad, class-based social and industrial reforms prevailed. In the United States, they lost, and the winners were the voluntarists, who held that labor should steer clear of politics as much as possible. This article suggests that the key reasons for the divergence lie not in the sociology of the working class or labor movement, so much as in the character of the state and polity and the lessons trade unionists drew from experiences in those arenas. The difference between judicial supremacy in the United States and parliamentary supremacy in England combined with other differences in the two nations’ forms of government to produce sharply contrasting lessons about the value of state-based reforms.

Some Phases of the Theory and Practice of Judicial Review of Legislation in Foreign Countries

1930 ◽  
Vol 24 (3) ◽  
pp. 583-605 ◽  
Author(s):  
Charles Grove Haines
Keyword(s):  
Judicial Review ◽  
National Government ◽  
Theory And Practice ◽  
Constitutional Courts ◽  
Public Discussion ◽  
Foreign Countries ◽  
Judicial Supremacy ◽  
Parliamentary Supremacy ◽  
American Method ◽  
Eighteenth And Nineteenth Centuries

It is no longer customary to the extent that it formerly was to maintain that judicial review of legislation and the consequent annulment of laws is an exclusively American political practice. With the courts of at least a score of countries passing on the validity of legislative acts, and occasionally refusing to apply them in concrete cases, the American method of guarding constitutions, characterized in the eighteenth and nineteenth centuries as a new political phenomenon, has now an extensive application among the countries operating under written fundamental laws.Interesting developments are taking place with respect to judicial review of legislation in foreign countries. Austria and Czechoslovakia have established special constitutional courts with authority to determine whether acts are in accord with their constitutions. Germany is in the process of adopting judicial review of acts of the national government as implied in the provisions of the new constitution. According to certain jurists, French courts have taken the first steps to establish themselves as the special interpreters and guardians of the French constitution. Though the dominant opinion of French lawyers and statesmen is opposed to judicial review as a feature of the French system of government, there is a growing sentiment in favor of the acceptance of the principle, as a necessary means of rendering more effective the provisions of the constitution and of protecting individual rights as guaranteed in the Declaration of Rights. The Irish Free State has followed the lead of Canada and Australia in placing the guardianship of its new constitution in the courts. In adopting a new constitution, Chile appears to have taken preliminary steps to change a system of parliamentary supremacy to a modified régime of judicial supremacy. There is considerable public discussion in Switzerland of the possibility of accepting the principle of review of the acts of the Federal Assembly.

John Adams, Klinghoffer and The Transmigration of Souls: Musical Responses to Terrorism

Public Voices ◽  
2017 ◽  
Vol 9 (1) ◽  
pp. 58
Author(s):  
John Anderson
Keyword(s):  
Modern World ◽  
The Political ◽  
John Adams ◽  
Political Dialogue ◽  
The Way

This paper explores the way in which the music of John Adams responds to terrorism and looks at some of the controversies surrounding his work. It represents a reflection on how the musical and the political can interact in the modern world, engaging his work on the level of political dialogue.

The House of Stuart, the House of Lords, and the Politics of “Independency”

2018 ◽  
Author(s):  
David R. Como
Keyword(s):  
Political Coalition ◽  
Charles I ◽  
House Of Lords ◽  
Parliamentary Supremacy ◽  
Church Government

This chapter chronicles shifts in political assumption in late 1643 and early 1644, pointing towards the later revolutionary outcome of 1649. The chapter demonstrates a strain of intensifying hostility towards Charles I, often accompanied by casual discussion of the dethronement or deposition of the king. Alongside this, some partisans began to sharpen expansive visions of parliamentary supremacy, yoking them to tendentious claims for expansive religious and discursive liberty. Simultaneously, there emerged rising challenges to the constitutional status of the House of Lords. By 1644, proponents of these militant positions began to rally behind a nascent “independent” leadership, helping to explain the emergence of an “independent” political coalition (which counterintuitively included many people who were not personally committed to congregational or sectarian forms of church government).

Actions Speak Louder Than Words? The Untapped Potential of V4 Parliaments in EU Affairs

2021 ◽  
pp. 088832542110127
Author(s):  
Karolina Borońska-Hryniewiecka ◽  
Jan Grinc
Keyword(s):  
Early Warning System ◽  
Warning System ◽  
Veto Players ◽  
The Political ◽  
Political Dialogue ◽  
Eu Policy ◽  
Green Card ◽  
Policy Ideas ◽  
Policy Making Process ◽  
The Eu

This article offers the first ever comparative analysis of the involvement of V4 parliaments in the sphere of European Union (EU) affairs. Its underlying research objective is to determine what conditions V4’s parliamentary participation in various EU-oriented activities such as domestic scrutiny of the government’s EU policy, the political dialogue with the Commission, the Early Warning System for subsidiarity control, and the green card initiative. Based on the actual scrutiny output, parliamentary minutes, and data from questionnaires, we address the questions: (1) To what extent domestic legislatures act as autonomous as opposed to government-supporting actors in these arenas? (2) Do they mostly act as EU veto players, or try to contribute constructively to the EU policy-making process by bringing alternative policy ideas? (3) What are their motivations for engaging in direct dialogue with EU institutions in addition to domestic scrutiny? and (4) How MPs envisage their own EU-oriented roles? While the article reveals that V4 parliaments mostly act as gatekeepers in the sphere of EU affairs, it also casts a new light on the previous literature findings related to the EU-oriented performance of the Czech and Polish lower chambers. We conclude that, generally, V4 parliaments refrain from fully exploiting their relatively strong formal prerogatives in EU affairs—a fact that can be partly explained by the composition of their ruling majorities.

Political Intimacy

2011 ◽  
Vol 25 (4) ◽  
pp. 658-677 ◽  
Author(s):  
Neringa Klumbytė
Keyword(s):  
Communist Party ◽  
Central Committee ◽  
The State ◽  
Artistic Creativity ◽  
Political Dialogue ◽  
The Public ◽  
Shared Meanings ◽  
Political Aesthetics ◽  
Late Socialism ◽  
Power Orders

This article explores intersections between power, subjectivity, and laughter by focusing on Šluota ( The Broom), a humor and satire journal published by the Central Committee of the Lithuanian Communist Party during late socialism (1970s to mid-1980s). In Lithuania, while the official newspapers and journals were commonly distrusted, The Broom was perceived as a grassroots media. In this article, the author asks how officially sanctioned socialist humor was translated into readers’ sincere laughter; how sensual and political dialogue was created between state authorities, artists, and readers. The author shows that in the case of the official culture of humor presented in The Broom, laughter cannot be easily classified as performance of resistance or support for the regime. In The Broom, the discourse of power was never monologic and simply oppressive. It was situational, contextual, and changing. Officially sanctioned laughter was infused with and mediated by private emotions and values. Moreover, the journal provided space for artistic creativity and self-expression that reshaped official political aesthetics. Laughter blurred the distinctions between the state and the citizen, the public and the private, the hegemonic and the sincere. The author argues that laughter is an experience and a performance of political intimacy through which various agents imagine a self, society, and the state and reproduce various power orders. Political intimacy refers to coexistence of state authorities and other subjects in fields of social and political comfort, togetherness, and dialogue as well as in the zones of shared meanings and values.

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