Recognition and Redistribution in Aristotle’s Account of Stasis

In Politics 5.1–3, Aristotle sees different conceptions of proportional equality and justice as the fundamental causes of stasis and metabolē (constitutional change). His account shows what happens to notions of ‘particular’ justice when they become causes of individual and collective action in pursuit of moral and political revolution. The whole discussion of the causes of stasis should be read through the filter of individual/group motivation – as a reflection of what goes on in the heads of those who engage in stasis. Movements towards political change are motivated by ingrained conceptions of proportional equality and fair distribution of honour and wealth. Aristotle’s approach, therefore, may be compared to Axel Honneth’s, that social justice should be seen in terms of the distribution of dignity and respect as well as of material resources.

Shaping Presidential Powers in Hungary: Convention, Tradition and Informal Constitutional Amendments

There was no tradition of a republican president in Hungary before the fall of communism, and the transitory constitution of 1989 was unclear about the exact role the President should play in the constitutional system of Hungary. Some provisions even resembled those of presidential or semi-presidential systems; some ambiguities were clarified during the first two decades after the transition. Conventions, however, were established to some extent and sometimes very quickly. This period gave rise to guidelines as to how the powers of the President should be exercised. Some other powers were concretized and interpreted foremost by the Constitutional Court. These conventions and judicial interpretations formed the character of the Presidency to the extent of informal constitutional change. Some of these elements have even been incorporated into and formalized by the new Fundamental Law of Hungary. The present contribution will point out how the originally broad competencies of the President have been narrowed in the practice, and what role the Constitutional Court and political actors played in this process.

The Concept of the ‘Living Constitution’ in Russian Constitutional Theory and Practice

In discussing the concept of the ‘living constitution’ in Russian constitutional theory and practice, this paper shows that the Russian concept of the living constitution differs from U.S. or European approaches to evolutive interpretation. The Russian concept has its roots in Soviet and pre-revolutionary Russian constitutional thinking. It reduces the normative power of the Constitution but allows an interpretation according to changing social conditions and gives the legislator a broad margin of appreciation. Whereas the 1993 Russian constitutional reform had been regarded as a paradigm shift with the intention to break with the past by declaring that the Constitution shall have supreme judicial force and direct effect, the paper also gives answers to the complexity of constitutional change and legal transplants and the role of constitutional theory and practice for the functioning of the current authoritarian regime in Russia.

Leveraging the local administration to engender access to justice in Kenya: the case of Mukuru Kayaba Informal Settlement, Nairobi County, Kenya

Constitutional change in Kenya has opened up spaces of contestation of rights for citizens. However, marginalisation of certain segments of the population remains a key constraint to achieving universal protections. A lack of awareness and capacity of both citizens and the government hinders the advancement of the goals to lift the standards of all the citizens. There has been the extension of the rights to the individual to cover political, economic, social, economic and cultural rights. Communities living in informal settlements face extreme margin alisa tion which is vividly expressed in the lack of access to justice. This is specifically difficult for women and children as they face social, cultural and economic constraints. Using Mukuru Kayaba informal settlement as a case study, this article will examine how the place and status of the local administration can be leveraged and negotiated to secure access to justice for women and children. Secondary data will be analysed and presented narratively. This is to contribute to the debate on effectively engendering access to justice for women and children ; it is especially important at the grassroots level where women and children may lack the capacity to seek redress from other sources.

The effect of the 2011 Arab uprising in the Middle East and North Africa (Mena region): Morocco's quest for constitutional reform and the 20 February Movement

Historically, Morocco experienced widespread political repression during the 1970s through to the early 1990s. Through its exploitations, the monarchy regime repressed any claims aimed at challenging its authoritarian form of public space and debate. Encouraged by the uprisings in Tunisia and Egypt, and the Arab Spring, young Moroccans began to organise extensive demonstrations across the country demanding that a more substantive democracy, social justice and an anti-corruption mechanism be put in place. The 20 February movement, named after the first demonstration held on that date in 2011, is a worthy illustration of one of the latest social movements characterised by a concentrated use of technology and their disseminated membership. King Mohammed VI, Commander of the Faithful and the highest authority in Morocco, promised in a televised speech to introduce radical and genuine constitutional reforms that would democratise the country. This article describes the historical trajectory of the monarchy, the emergence and structuring of the 20 February movement and the neutralization strategy pursued by the monarchy in bringing about a constitutional change.

Decolonisation and Free Association: The Relationships of the Cook Islands and Niue with New Zealand

<p>The Cook Islands and Niue are self-governing states in free association with New Zealand. The free association arrangements met United Nations decolonisation requirements. They reflected the needs and wishes of the Cook Islands and Niue, and the interests of New Zealand. Views are divided on what influenced the emergence of the arrangements for free association, whose interests they represented, and whether they have fulfilled the expectations of the Governments involved. The purpose of this thesis is to determine the formative influences shaping self-government in free association of these two states, and to reach a conclusion on how effective the free association arrangements have been in fulfilling initial expectations. The first half of this thesis draws on primary and secondary sources to establish what influenced the offer of self-determination, the options available, the choice made, the free association arrangements that emerged and whose interests these represented. The second half of this thesis turns to fulfilment of those expectations. It explores the flexibility of free association – the ability of the Cook Islands and Niue to make constitutional change. It examines each of the major elements of free association: holding New Zealand citizenship, New Zealand provision of necessary economic and administrative assistance and New Zealand responsibility for external affairs and defence. The conclusion is that the free association arrangements have been of mixed effectiveness in meeting the Governments’ initial expectations.</p>

Decolonisation and Free Association: The Relationships of the Cook Islands and Niue with New Zealand

<p>The Cook Islands and Niue are self-governing states in free association with New Zealand. The free association arrangements met United Nations decolonisation requirements. They reflected the needs and wishes of the Cook Islands and Niue, and the interests of New Zealand. Views are divided on what influenced the emergence of the arrangements for free association, whose interests they represented, and whether they have fulfilled the expectations of the Governments involved. The purpose of this thesis is to determine the formative influences shaping self-government in free association of these two states, and to reach a conclusion on how effective the free association arrangements have been in fulfilling initial expectations. The first half of this thesis draws on primary and secondary sources to establish what influenced the offer of self-determination, the options available, the choice made, the free association arrangements that emerged and whose interests these represented. The second half of this thesis turns to fulfilment of those expectations. It explores the flexibility of free association – the ability of the Cook Islands and Niue to make constitutional change. It examines each of the major elements of free association: holding New Zealand citizenship, New Zealand provision of necessary economic and administrative assistance and New Zealand responsibility for external affairs and defence. The conclusion is that the free association arrangements have been of mixed effectiveness in meeting the Governments’ initial expectations.</p>

Prospects for Russian politics in 2022

Subject Prospects for Russian politics in 2022. Significance Now that the Kremlin has dealt with the immediate domestic policy priorities of constitutional change and parliamentary elections, 2022 will be a year of consolidation and continuity. The administration's focus will be on preparing what it regards as optimal, stable conditions for the presidential election in 2024. The Communist Party has a chance to build popularity among anti-government voters, but may not be bold enough given the Kremlin's limited tolerance for rebellious behaviour.