Fragile democracies and constitutional crises: a laboratory for studying the role of constitutional constraints

Author(s):  
Monika Nalepa ◽  
Emilia Justyna Powell
2016 ◽  
Vol 51 (2) ◽  
pp. 65-78 ◽  
Author(s):  
Filip Reyntjens

This article argues that constitutional engineering along consociational lines in Burundi – explicitly accommodating ethnicity rather than attempting to suppress it – was instrumental in reducing the political role of ethnicity, but that other endogenous and exogenous factors also played a role. After surveying developments since 1988, this article focuses on the 2005 polls. The outcome of the parliamentary elections suggests that the “disappearance of the ethnic factor,” extolled by many at the time, was achieved by constitutional constraints rather than by social or political dynamics. Nevertheless, with regard to the country's most important and lethal historical problem, the ethnic divide, constitutional engineering has proved hugely effective. Burundi's main cleavage is now between (and within) parties rather than ethnic groups, and when violence occurs it is political rather than ethnic. Burundi's current crisis is therefore not a failure of consociationalism but of democracy.


2018 ◽  
Vol 10 (3) ◽  
pp. 83-106
Author(s):  
Cristina Fasone

Abstract The EU Speakers’ Conference has experienced a ‘second youth’ after the entry into force of the Treaty of Lisbon by playing a ‘quasi-constitutional’ role in inter-parliamentary cooperation, and in particular by trying to exercise a rule-making function over the many inter-parliamentary venues of the EU’s system of government. The fulfilment of such a function has certainly not been made any easier as a consequence of the constitutional constraints surrounding the positions of the Speakers and Presidents of the European and Member States’ (MS) Parliaments, with a considerable variety in terms of powers and decision-making capacity among the MS and the EU. Despite these limitations, the ‘quasi-constitutional’ role of the EU Speakers’ Conference has mainly consisted of approving guidelines, if not directly rules of procedure, for other inter-parliamentary venues. It has also been argued that the coordinating function of the EU Speakers’ Conference can be much more effective when looking at its ‘quasi-constitutional’ role, and also in its function of joint parliamentary scrutiny in the EU, if it is aimed at enhancing the rational organisation of inter-parliamentary activities in terms of timing, agendas and ex-post supervision of the results, in the absence of any other possible alternative to the Speakers’ leadership.


1998 ◽  
Vol 16 (2) ◽  
pp. 179-200
Author(s):  
Fulvio Fontini

Abstract The paper analyses the relationship among public efficiency, exploitation of private individuals by the government and the role of constitutional constraints. First, it contains an extensive review of the Leviathan model based on Inman's formalisation of Brennan and Buchanan theory. Secondly, an extension of such a model is proposed, in which public agents are separated into politicians and bureaucrats. In so doing a ‘new’ efficiency-equity trade-off arises, namely, the achievement of Pareto-efficiency through constitutional constraints is obtained at a cost of a possible exploitation of private individuals, while the non-exploitation allocation is coupled with a possible Pareto-inefficiency.


2021 ◽  
Vol 10 (1) ◽  
pp. 91-105
Author(s):  
JEREMY WALDRON

AbstractWhat role do courts play in advancing or upholding the political ideal that we call ‘the rule of law’? Does the rule of law require that courts should have authority over all other branches of government, including the legislature? And does it impose constraints on the sort of reasoning and decision-making that courts engage in? This article explores an array of possible answers to these questions, and considers the possibility that the ascendancy of courts in a constitution may represent a form of judicial supremacy that looks remarkably like the uncontrolled rule of men, which the rule of law is supposed to prevent. To preclude that possibility, it is particularly important for courts to recognize that their authority is limited in scope and that they should not be guided by any overall political program other than the program of seeing that constitutional constraints on government are upheld.


JAMA ◽  
1966 ◽  
Vol 195 (12) ◽  
pp. 1005-1009 ◽  
Author(s):  
D. J. Fernbach
Keyword(s):  

JAMA ◽  
1966 ◽  
Vol 195 (3) ◽  
pp. 167-172 ◽  
Author(s):  
T. E. Van Metre

2018 ◽  
Vol 41 ◽  
Author(s):  
Winnifred R. Louis ◽  
Craig McGarty ◽  
Emma F. Thomas ◽  
Catherine E. Amiot ◽  
Fathali M. Moghaddam

AbstractWhitehouse adapts insights from evolutionary anthropology to interpret extreme self-sacrifice through the concept of identity fusion. The model neglects the role of normative systems in shaping behaviors, especially in relation to violent extremism. In peaceful groups, increasing fusion will actually decrease extremism. Groups collectively appraise threats and opportunities, actively debate action options, and rarely choose violence toward self or others.


2018 ◽  
Vol 41 ◽  
Author(s):  
Kevin Arceneaux

AbstractIntuitions guide decision-making, and looking to the evolutionary history of humans illuminates why some behavioral responses are more intuitive than others. Yet a place remains for cognitive processes to second-guess intuitive responses – that is, to be reflective – and individual differences abound in automatic, intuitive processing as well.


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