Different Patterns of Applying Transitional Constitutionalism Between the Nationalists and the Communists

2016 ◽  
pp. 127-145 ◽  
Author(s):  
David K. C. Huang
Keyword(s):  
Transitional Constitutionalism

CONSTITUTIONALISM AND AMENDMENTS TO THE BASIC LAW OF THE RUSSIAN FEDERATION 2020: POLITICAL ANALYSIS

2020 ◽  
Vol 15 (6) ◽  
pp. 103-118
Author(s):  
O.A. SIDENKO ◽  
◽  
D.V. SOSUNOV ◽  
Keyword(s):  
Russian Language ◽  
Constitutional Amendments ◽  
Expert Opinions ◽  
Political Analysis ◽  
Basic Law ◽  
Expert Assessments ◽  
The Russian Federation ◽  
Existence Of Value ◽  
Transitional Constitutionalism ◽  
The Impact

The purpose of the article is to reveal the contradictions of the Russian transitional constitutionalism of the 2020 model as perceived by experts. It is achieved by presenting a palette of experts' views on the phenomenon of constitutionalism, expert assessments of the impact of the 2020 constitutional reform on constitutional principles, the distance between citizens and authorities, as well as expert opinions on the existence of value consolidation between the state and civil society in modern Russia. It is extremely important that the constitutional amendments, contributing to adaptation to changing realities, remain within the framework of the system of constitutionalism. There is no relevant developed methodology for political and legal assessment in the Russian-language scientific literature. The research group, having resorted to an expert survey, proposed their own version. The results obtained indicate not only the importance of value connotations in the perception of constitutionalism by experts, the weakening of all groups of constitutional principles (negative assessments prevail over positive ones), the manipulative nature of the process, but also a potential increase in the distance between the governors and the governed. Nevertheless, the threshold values that could indicate the interpretation of constitutional novels by experts as leading to going beyond the framework of constitutionalism are not identified. Since the project is pilot and generalizations are based on expert estimates, the conclusions are debatable.

Transitional Constitutionalism

2007 ◽  
Keyword(s):  
Constitutional Law ◽  
East Timor ◽  
Transitional Constitutionalism

Transitional Constitutionalism forms an essential part of International Constitutional Law. It deals with the necessity of a provisional constitutional framework in times of transition and explores various aspects of drafting new constitutions. The proceedings focus on the constitutional aspects of the following transitional situations: o Sudan o Chile o Argentina o Lithuania o East Timor o Kosovo Furthermore, the proceedings elaborate on the role of the UN Peacebuilding Commission in situations of transition.

scholarly journals Russian Constitutional Development: Formal and Informal Practices

2019 ◽  
Vol 6 (3) ◽  
pp. 100-127 ◽  
Author(s):  
A. Medushevskiy
Keyword(s):  
Separation Of Powers ◽  
Modern Society ◽  
Political Rights ◽  
Constitutional Development ◽  
True Choice ◽  
Constitutional Justice ◽  
Informal Practices ◽  
Legal Strategies ◽  
Transitional Constitutionalism ◽  
Political Settlement

Transitional constitutionalism remains the subject of intensive political controversy. Based on a project made possible by the Institute of Law and Public Policy (Moscow) this article presents the analysis of the basic constitutional principles of pluralism, the separation of powers, federalism, the independence of the judiciary and the guarantee of political rights and freedoms. It describes the changing character of their implementation in different areas of constitutional practices – legislation, constitutional justice, administrative activities and informal practices, and the comparative level of constitutional deviations in each of them. The important new expertise of this research is the concept and methodology of the constitutional monitoring and recommendations for full-scale reforms in key areas of Russian constitutional and political settlement. The author shows that the true choice facing modern society is not between constitutionalism or its negation, which is a dilemma, but between real and sham constitutionalism, with a wide variety of intermediate options separating them. It is precisely this intermediate area which the author defines as a transitional type of constitutionalism, the field of collision between different political stakeholders. This is an area of unstable equilibrium where the implementation of different legal strategies and technologies may produce a definitive effect.

scholarly journals The Dominion model of transitional constitutionalism

2019 ◽  
Vol 17 (4) ◽  
pp. 1283-1300
Author(s):  
Mara Malagodi ◽  
Luke McDonagh ◽  
Thomas Poole
Keyword(s):  
Cold War ◽  
British Empire ◽  
South Asian ◽  
Global Scale ◽  
Legal Basis ◽  
Political Transitions ◽  
Independent State ◽  
Post Cold War ◽  
Design And Practice ◽  
Transitional Constitutionalism

Abstract This symposium has explored New Dominion constitutionalism inductively and contextually, placing the phenomenon within a historically nested set of ideas and practices from the Old (Settler) Dominions, through the “Bridge Dominion” of Ireland, before giving detailed attention to the South Asian New Dominions of India, Pakistan, and Ceylon (now Sri Lanka). The articles collectively form a basis from which to analyze the legal configuration of New Dominion status and its legacy by exploring links between New Dominion constitutional framing and post-independence design and practice. Building on the case studies, the principal contention of this summative contribution is that New Dominion constitutionalism should be understood as the first constitutional model of note designed to manage political transitions on a global scale. A product of the twilight of the British Empire, New Dominion constitutionalism represents a model for decolonizing nations and an important antecedent to later post-Cold War transitions. Both transitional and transnational, New Dominion status offered an interim frame of government for political transitions, the fuzzy center of which derived from Westminster-style conventions of political constitutionalism, as well as a template establishing the legal basis for constituting the fully independent state.

scholarly journals TRANSITIONAL CONSTITUTIONALISM AND THE CASE OF THE ARAB SPRING

2015 ◽  
Vol 64 (2) ◽  
pp. 267-291 ◽  
Author(s):  
Catherine Turner
Keyword(s):  
Arab Spring ◽  
Political Model ◽  
The Arab Spring ◽  
Transitional Constitutionalism ◽  
The Relationship

AbstractThis paper seeks to explore the relationship between the framework of transition and the enactment of a new constitution for Egypt. It does so by using the relatively under explored concept of transitional constitutionalism, interrogating some of the key claims on which transitional constitutionalism is based, and questioning their application in the Egyptian context. By doing this the paper explores the broader paradox of the imposition of a framework of transition that is rooted in principles of liberalism in the context where liberalism is far from the agreed or prevailing political model.

Negotiating Women in Egypt's Post-Mubarak Constitutions (2012–2014)

2019 ◽  
Vol 16 (1) ◽  
pp. 145-173
Author(s):  
Mariz Tadros
Keyword(s):  
Women's Rights ◽  
Secondary Data ◽  
Women’S Rights ◽  
Political Opportunity ◽  
Opportunity Structures ◽  
Political Forces ◽  
Political Opportunity Structures ◽  
Coalitional Politics ◽  
Transitional Constitutionalism ◽  
Gender Lens

This paper presents a comparative “gender audit” of Egypt's two constitutions (2012, 2014) developed after a people's uprising in 2011 and 2013 led to the ousting of two presidents (Mubarak and Morsi respectively). Egypt's two constitutions are particularly compelling for the study of gender politics in transitional constitutionalism because while the number of women participating in the constitution writing process was very similar, the gendered outcomes were starkly different. While the political opportunity for mobilizing around women's rights was enhanced in the aftermath of Mubarak's demise, the capitalization of these opportunities by organized political forces with an anti-feminist agenda undermined the prospects of en-gendering the first post-Mubarak constitution. In contrast, the constitution of 2014, developed under severely circumscribed political space inhibiting women's mobilization, witnessed the exercise of women's constitutional agency to redress the containment of women's rights under the previous constitution and en-gender many elements of it, though the extent of its enforceability remains obscure. This paper draws on primary and secondary data to analyse, through a gender lens, the processes and outcomes involved in constitution drafting along three axes:context and political opportunity structures; coalitional politics, and political and ideological struggles.

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