A Consociational Compromise? Constitutional Evolution in Spain and Catalonia

2020 ◽  
pp. 201-225
Author(s):  
Paul Anderson
Keyword(s):  
Constitutional Evolution

The Oklahoma State Constitution

2020 ◽  
Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer
Keyword(s):  
Progressive Era ◽  
Direct Democracy ◽  
The United States ◽  
Constitutional Development ◽  
Legal Decisions ◽  
United States Today ◽  
William Jennings Bryan ◽  
Constitutional Evolution ◽  
State Constitutional Law ◽  
Broad Understanding

In 1907, William Jennings Bryan described the proposed constitution for Oklahoma as “the best constitution in the United States today.” An enduring characteristic of Oklahoma’s constitution has been its faith in direct democracy and its root in Progressive Era politics. This book traces the historical formation and constitutional development of the state of Oklahoma. It provides commentary and analysis on the intent, politics, social and economic pressures, and the legal decisions that shaped and enhanced the Oklahoma constitution since it was adopted in 1907. The text gives a broad understanding of state constitutional law within the context of Oklahoma’s constitutional evolution.

1. Constitutional History

2021 ◽  
pp. 3-40
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
European Economic Community ◽  
Lisbon Treaty ◽  
Historical Evolution ◽  
The European Union ◽  
Constitutional History ◽  
Economic Community ◽  
European Economic ◽  
Constitutional Evolution ◽  
Set Up

This chapter surveys the historical evolution of the European Union in four sections. Section 1 starts with the humble origins of the Union: the European Coal and Steel Community (ECSC), which was set up by the 1951 Treaty of Paris. While limited in its scope, the ECSC introduced a supranational idea that was to become the trademark of the European Economic Community (EEC). Section 2 focuses the EEC, while Section 3 investigates the development of the (old) European Union founded through the Treaty of Maastricht. Finally, Section 4 reviews the reform efforts leading to the Lisbon Treaty, and analyses the structure of the—substantively—new European Union as it exists today. Concentrating on the constitutional evolution of the European Union, the chapter does not present its geographic development.

Part I Foundations, Ch.5 Evolution

2018 ◽  
Author(s):  
Kenny Susan
Keyword(s):  
Evolutionary Process ◽  
Original Form ◽  
Constitutional Change ◽  
Written Text ◽  
Constitutional Evolution ◽  
Constitutional System ◽  
Changes Over Time ◽  
Over Time

This chapter is about Australian constitutional evolution. It concerns the meaning, the processes, and the possibilities of constitutional change in Australia. ‘Constitutional evolution’ here means the transformation of the Australian constitutional system from its original form in 1901 into different forms until it reached the form we know today, by an aggregation of changes over time. These changes have mostly occurred in the constitutional space for which the written Constitution originally provided, with the result that, from 1901 until now, the Constitution has provided the framework for the Australian federation. The Constitution, as enacted by the British Parliament and as formally amended by popular referenda, has been critical to this evolutionary process; but the changes in the constitutional system, though consistent with the written text, have not been required by it.

Theories of Federalism under the Holy Roman Empire

1941 ◽  
Vol 35 (4) ◽  
pp. 643-664 ◽  
Author(s):  
Heinz H. F. Eulau
Keyword(s):  
Roman Empire ◽  
Seventeenth Century ◽  
Political Theory ◽  
Holy Roman Empire ◽  
Fertile Soil ◽  
Early Emergence ◽  
Territorial Organization ◽  
Constitutional Evolution ◽  
Different Content ◽  
Gradual Transformation

A fact little appreciated by American political scientists is the relatively early emergence of federalism as a working concept of political theory in the Holy Roman Empire of the seventeenth century. But although these federal theories run ahead of corresponding theories elsewhere, it must be pointed out that political and legal conditions peculiar to the medieval Empire retarded an even earlier appearance. For centuries, the constitution of the Empire had retained its feudalistic structure. Many conspicuous changes, however, had taken place in the course of its development and had filled that structure with an entirely different content. The main result of the Empire's constitutional evolution had been its gradual transformation from an originally fairly unitary state into a federalistic organization of de facto sovereign states. It might be supposed, therefore, that the highly articulated territorial organization of the Empire would have easily served as fertile soil on which contemporary political theorists and jurists might have founded an elaborate theory of federalism.

scholarly journals Canadian Federalism in Design and Practice: The Mechanics of a Permanently Provisional Constitution

2017 ◽  
Vol 9 (3) ◽  
pp. E-1-E-31 ◽  
Author(s):  
James A. Gardner
Keyword(s):  
Central Government ◽  
Federal System ◽  
Central Authority ◽  
Constitutional Design ◽  
Considerable Evidence ◽  
Canadian Federalism ◽  
Constitutional Evolution ◽  
Design And Practice

Abstract This paper examines the interaction between constitutional design and practice through a case study of Canadian federalism. Focusing on the federal architecture of the Canadian Constitution, the paper examines how subnational units in Canada actually compete with the central government, emphasizing the concrete strategies and tactics they most commonly employ to get their way in confrontations with central authority. The evidence affirms that constitutional design and structure make an important difference in the tactics and tools available to subnational units in a federal system, but that design is not fully constraining: there is considerable evidence of extraconstitutional innovation and improvisation by governments. Furthermore, changes in practice initiated by Canadian subnational actors have produced changes in the allocation of national and subnational authority that are plausibly characterized as constitutional in magnitude. The paper concludes that the design of the Canadian federal system may inadvertently undermine its capacity to stabilize itself at any particular point of constitutional evolution, making it ‘permanently provisional.’

The Human Right to Water in Latin America

2018 ◽  
Vol 3 (2) ◽  
pp. 1-94
Author(s):  
Anna Berti Suman
Keyword(s):  
Water Management ◽  
Latin American ◽  
Management Systems ◽  
Water Law ◽  
Human Right ◽  
The Social ◽  
Constitutional Evolution ◽  
The Right ◽  
The Impact

AbstractThis monograph investigates the development of the right to water (RtW) and of water law in the Latin American context. Specifically, it examines the significance of Latin American (la) constitutional evolution, doctrine, and jurisprudential contribution in stimulating the social, political, and economic debate on the RtW, regionally and worldwide. Firstly, an overview on the RtW inlaconstitutions is provided and the impact of the findings is highlighted. The mainlawater management systems are then reviewed with an acknowledgment that an analysis of the RtW has to take account of its application in specific contexts. The intrinsic connection between the RtW and the role of the private sector is examined through specific insights into the highly privatized Chilean water services. Lessons learnt from thelaexperience are outlined in the conclusion and their relevance for the global debate on the RtW is illustrated.

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