Organized Business Politics in Democratic Brazil

1998 ◽  
Vol 39 (4) ◽  
pp. 95-127 ◽  
Author(s):  
Ben Ross Schneider

In May 1996 Brazil's National Confederation of Industry (CNI) convened a meeting of industrialists in Brasilia for a mass show of unity and focused lobbying in favor of constitutional reform. Industrialists large and small heeded the call. Nearly three thousand of them from all over Brazil chartered planes and packed shuttles. Fortified by a morning of speeches demanding constitutional reforms, the industrialists fanned out over Brasilia in the afternoon to argue their case to members of the national congress. As if to demonstrate that it could not be intimidated, however, Congress chose that very afternoon to vote down a reform proposal backed by business. By the end of that year, it was clear that business had made little progress in pushing several amendments it supported.

1962 ◽  
Vol 21 (4) ◽  
pp. 505-522 ◽  
Author(s):  
Dietmar Rothermund

The political development of India during the first half of the twentieth century was conditioned by constitutional reforms introduced by the British rulers, and by a vigorous agitation for national freedom. A constitution is a normative description of existing or intended relationships of political power; under the circumstances prevailing in India at that time, such a description was bound to be challenged again and again by an agitation for the revision of the status quo. In this way a peculiar relationship developed between constitutional reform and agitational advance. The constitutional reforms were designed to fulfill agitational demands on the one hand and to forestall more extreme demands on the other. Therefore they conformed to agitational patterns. In a similar way, the agitation was conditioned by the particular circumstances created by each constitutional reform; the constitution of the national movement itself, i.e., of the Indian National Congress, had to be adapted to the new situation whenever constitutional reforms were at stake. Finally when independence was achieved, an Indian Constituent Assembly adopted a constitution which closely resembled the previous constitutional structure introduced by British Acts of Parliament.


Author(s):  
Humberto Nogueira Alcalá

El presente artículo reflexiona sobre un enfoque teórico de un proceso constituyente originario o instituido en un marco institucional democrático, dentro del cual se analiza y describe el proceso constituyente iniciado en Chile, el cual tiene como característica inicial la participación ciudadana en encuentros locales, para luego avanzar el cabildos provinciales y regionales, cuyas ideas centrales serán las bases en virtud de las cuales la actual Presidenta de la República elaborará y presentará institucionalmente al Congreso Nacional su propuesta de reforma constitucional y de modificación del procedimiento constitucional que posibilite decidir al próximo Congreso Nacional, elegido a fines de 2017 y que entra en funciones el 11 de marzo de 2018, entre diversos mecanismos institucionales para procesar y aprobar una reforma o un cambio de Constitución, el que en cualquiera de sus alternativas deberá considerar la decisión definitiva de la ciudadanía a través de un referéndum.This paper analyses the constitutional reform process in Chile. This process is characterized by the civil participation in local meetings. This civil initiatives advance to provincial and regional organisms, whose central ideas will be the bases to elaborate and present institutionally to the National Congress the constitutional reform and the modification of the constitutional procedure. The next National Congress, elected at the end of 2017, will decide about the reform proposal given the definitive decision of the citizenship by a referendum.


Significance The debate over constitutional reform will be enlivened by the upcoming election of a constituent convention in Chile on the same day as the Peruvian elections. Impacts Constitutional change may become a banner for the left elsewhere in Latin America. Future constitutional reforms may reconsider the status of indigenous communities in the Amazon. Workers’ rights, include labour stability, may be strengthened.


2020 ◽  
Vol 12 ◽  
pp. 3-8
Author(s):  
Oleg Yu. Boldyrev ◽  

The seriousness of the flaws in the 1993 Constitution of Russian Federation is a weighty argument in favor of its reform. However, it is important to answer the question whether the constitutional reform eliminated the main defects of the existing Constitution. The article shows that the Law on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ does not provide solutions to the most pressing problems, including those that justified its adoption, and, in addition, creates new problems and risks. Accordingly, the relevance of further constitutional reforms remains. A number of proposals have been formulated concerning their directions and forms.


Author(s):  
Joaquín Varela Suanzes-Carpegna

The main aim of this paper is to examine the constitutional reform of the spanish Senado, which has been announced by Mr. Rodríguez Zapatero in april 2004. But firstly I will have a look at the comparative Constitutional history with the purpose to analyse how other nations, over all USAand Germany, have organised their Parliament. I will examine also the controversy «unicameralism versus bicameralism» in the spanish constitutional history, including during the two years between the «Ley para la Reforma Política»and the Constitution of 1978. Then I will described briefly the composition andfunctions of the present Senado and I will resume the debate on this Chamberduring the last quarter of century, with special mention to the General Comission of the «Comunidades Autónomas» experience. Last, but not least, I will propose some constitutional reforms to transform the Senado into a true «territorialrepresentative Chamber», as it is defined in the article 69, 1 of the spanishConstitution.


2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Андрей Клишас ◽  
Andrey Klishas

The article reveals the essence and importance of constitutional reforms at the present stage of legal development of Russia. According to the author, the success of constitutional reform depends on the choice of adequate implementation mechanisms, taking into account possible legal risks. In this regard, the article examines the main mechanisms and directions of constitutionallegal development and reformation. Among them the author emphasizes the active use of the interpretation of the Constitution that allows to adequately respond to public demands for constitutional reform, to further improve domestic remedies, and the establishment of effective cooperation mechanisms for the use of domestic remedies of protection of the rights and freedoms of man and subsidiary institutions for the protection of rights and freedoms. Accordingly, the important areas of constitutional and legal development are the implementation of judgments of international courts on the territory of the Russian Federation, primarily the European Court of Human Rights. The author substantiates the idea that the purpose of constitutional reforms is to increase the security of fundamental rights.


Author(s):  
Ewa K. Strzelecka ◽  
María Angustias Parejo

This chapter analyses the constitutional reform processes that have taken place in the MENA countries since the social uprisings in 2011. The purpose of this study is to examine and compare the constitutional reform processes in order to offer key insights into these processes and to propose a typology of the dynamics of constitutional reform, and its scope in the MENA region. The aspects for analysis include procedures, consensus and dissent during the course of the constitutional process, and the content of the constitutional reforms. The emphasis is placed on the most important elements of the processes of constitutional change and of the content of the new constitutions, while paying particular attention to aspects related with the power of heads of state, the most frequently-debated reforms and the advancement of gender equality and women’s rights. The authors conclude that constitutional processes are relevant, but not determinant for democratic change, with the exception of Tunisia. The scope of the constitutional amendments has been limited and has perpetuated the dominance of the authoritarian rulers. Many of the constitutional reforms after the Arab Spring have been the product of strategies for survival by the respective regimes and were promoted ‘top-down’ through a process that, in many countries, excluded the revolutionary movements and opposition groups that were not loyal to the regime.


Significance Renzi's government will fight two existential battles in the coming weeks: winning the constitutional reform referendum on December 4, and obtaining from the Commission the necessary fiscal flexibility to implement the 2017 budget and avoid an excessive deficit procedure. Impacts A resignation by Renzi would probably lead to political chaos as there is no obvious alternative to him. Renzi's PD is divided over the proposed constitutional reforms and may split in case of a 'no' vote in the referendum. Forming a national unity or technocratic government in case of a 'no' vote may be impossible owing to M5S's unwillingness to compromise. The centre-right is fragmented and no political leader is emerging to fill the void left by former Prime Minister Silvio Berlusconi.


2021 ◽  
pp. 329-350
Author(s):  
Corentin Poyet ◽  
Tapio Raunio

This chapter analyzes plenary debates in the Eduskunta, the unicameral legislature of Finland. Recent constitutional reforms have strengthened the role of the Eduskunta, which the findings also reflect. Access to the floor is relatively unconstrained in Finland, but there is also a strong element of party control involved. The chapter shows that opposition MPs, small parties, and party leaders make active use of plenary speeches. The constitutional reform increased the likelihood of frontbenchers and experienced MPs to deliver speeches. Gender and partially seniority have little effect on who gets to speak in the plenary, but there is also quite a significant variation between political parties. Overall, our results indicate that the plenary has become a more important arena in Finnish politics, both for the cabinet and the opposition.


2021 ◽  
pp. 215-236
Author(s):  
Berihun Adugna Gebeye

Building on the theses and analyses of the previous chapters, this chapter attempts to bring the elements of legal syncretism to the attention of future African constitutional design and practice. With this objective, the chapter discusses why African constitutional design should take sovereignty seriously and underscores why sovereignty is—and must be—an important aspect of any African constitutional theory; presents some of the major limits or shortcomings of postcolonial constitutional reforms and draws attention to possible future constitutional reform areas; and highlights the potential of some aspects of African constitutional design and practice that can mediate and operationalize the practice and application of plural constitutional values—something that future constitutional design and practice should attempt to consolidate.


Sign in / Sign up

Export Citation Format

Share Document