scholarly journals La reforma constitucional del Senado

2006 ◽  
pp. 143 ◽  
Author(s):  
Joaquín Varela Suanzes-Carpegna
Keyword(s):  
Constitutional Reform ◽  
Constitutional History ◽  
Constitutional Reforms ◽  
Special Mention

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.

Constitutional reform calls mount across Latin America

2021 ◽  
Keyword(s):  
Latin America ◽  
Indigenous Communities ◽  
Constitutional Reform ◽  
Constitutional Change ◽  
Content Type ◽  
Constitutional Reforms ◽  
The Status

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.

scholarly journals The Constitutional Reform in Russia: Relevancy, Implementation, Prospects. Part 2. Amendments to the Constitution: Unsolved and New Issues and the Further Reformation Vector

2020 ◽  
Vol 12 ◽  
pp. 3-8
Author(s):  
Oleg Yu. Boldyrev ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Reform ◽  
Constitutional Reforms ◽  
The Russian Federation ◽  
The Law

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.

Constitutional History

2016 ◽  
Author(s):  
Olof Petersson
Keyword(s):  
Welfare State ◽  
General Pattern ◽  
Public Life ◽  
Constitutional Reform ◽  
The Other ◽  
Constitutional History ◽  
History Writing ◽  
Parliamentary Government ◽  
Other Hand ◽  
Trade Offs

In one sense, Sweden follows the general pattern of constitution-making. The major shifts in the constitutional history have occurred in the aftermath of great crises. Constitutions have been important as descriptions and justifications of the prevailing forces of power. On the other hand, the constitutions of Sweden have been relatively insignificant as norms regulating political and public life. Constitutions have been important as history writing but relatively unimportant as normative principles shaping society, and, indeed, profound changes such as the introduction of parliamentary government have taken place without constitutional reform. The Swedish welfare state was built upon negotiations and practical trade-offs rather than constitutional arguments.

scholarly journals CONSTITUTIONAL REFORMS AT THE PRESENT STAGE OF LEGAL DEVELOPMENT

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Андрей Клишас ◽  
Andrey Klishas
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Constitutional Reform ◽  
Present Stage ◽  
International Courts ◽  
Legal Development ◽  
European Court ◽  
Legal Risks ◽  
Constitutional Reforms ◽  
The Russian Federation

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.

scholarly journals Constitutional reform processes

2017 ◽  
Author(s):  
Ewa K. Strzelecka ◽  
María Angustias Parejo
Keyword(s):  
Constitutional Reform ◽  
Constitutional Change ◽  
Mena Region ◽  
Constitutional Amendments ◽  
Mena Countries ◽  
Constitutional Reforms ◽  
Revolutionary Movements ◽  
Reform Processes ◽  
Heads Of State ◽  
The Arab Spring

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.

Referendum 'no' vote could trigger crisis in Italy

2016 ◽  
Keyword(s):  
Prime Minister ◽  
Constitutional Reform ◽  
Political Leader ◽  
National Unity ◽  
Content Type ◽  
Constitutional Reforms ◽  
Silvio Berlusconi ◽  
Excessive Deficit Procedure

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.

Finland

2021 ◽  
pp. 329-350
Author(s):  
Corentin Poyet ◽  
Tapio Raunio
Keyword(s):  
Political Parties ◽  
Significant Variation ◽  
Constitutional Reform ◽  
Party Leaders ◽  
Party Control ◽  
Constitutional Reforms

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.

The Future of African Constitutional Design and Practice

2021 ◽  
pp. 215-236
Author(s):  
Berihun Adugna Gebeye
Keyword(s):  
Constitutional Reform ◽  
Constitutional Theory ◽  
Constitutional Design ◽  
The Future ◽  
Constitutional Reforms ◽  
Design And Practice

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.

In with the New, Out with the Old? The Democratising Impact of Constitutional Reform in Chile

1994 ◽  
Vol 26 (2) ◽  
pp. 409-429 ◽  
Author(s):  
Mark Ensalaco
Keyword(s):  
Electoral Systems ◽  
Constitutional Reform ◽  
Coalition Government ◽  
Constitutional Reforms

On 30 July 1989 Chileans cast ballots in an historic but unheralded plebiscite, and approved a massive revision of the Constitution that in 1980 the Pinochet regime had crafted to institutionalise its rule. Some observers had doubted that it would be possible to change Pinochet's prized ‘Constitution of Liberty’, while others have since questioned the significance of the reforms that were achieved. In fact, as a result of the July referendum, 54 modifications involving 12 of the document's 14 chapters were enacted before the Constitution even went fully into effect. Moreover, since the reestablishment of democracy in Chile, the coalition government of Patricio Aylwin has won passage of still other constitutional reforms involving administrative decentralisation, and has introduced draft legislation designed to bring about changes in the judicial and electoral systems. His successor, Christian Democrat Eduardo Frei, is also committed to reform.

scholarly journals Constitutional Reform and Emergency Powers in Egypt and Tunisia

2015 ◽  
Vol 7 (2) ◽  
pp. 257-284 ◽  
Author(s):  
Andrej Zwitter
Keyword(s):  
Rule Of Law ◽  
Arab Spring ◽  
The State ◽  
Constitutional Reform ◽  
Authoritarian Rule ◽  
State Of Emergency ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
Constitutional Reforms ◽  
The Arab Spring

Legal mechanisms governing the state of emergency can play an important role in authoritarian rule and post-revolutionary transition periods. Egypt has experienced the terror of a regime empowered by emergency law. In Tunisia, emergency law was not so much an issue before but rather after the Jasmine revolution. Given the importance of emergency regulations in both cases, this article provides brief process-oriented accounts of the constitutional reforms triggered by the Arab Spring. It furthermore takes a critical look at how Egypt and Tunisia have redesigned these norms in the latest constitutions of early 2014. On the basis of criteria regarding the rule of law and mechanisms of crisis governance in modern democracies, this article then analyses and evaluates the key elements regarding checks and balances pertaining to emergency regulations in the 2014 constitutions.

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