scholarly journals Militant constitutionalism: a promising concept to make constitutional backsliding less likely?

Public Choice ◽  
2021 ◽  
Author(s):  
Jerg Gutmann ◽  
Stefan Voigt

AbstractConstitutional democracy is in decline and many would-be autocrats try to transgress constitutional constraints. Here, we introduce the concept of militant constitutionalism, which suggests a number of constitutional rules that could make constitutions more resilient to attempts to undermine them. A first empirical evaluation, however, can link only few constitutional paths to enhanced constitutional resilience.

1986 ◽  
Vol 47 (7) ◽  
pp. 1149-1154
Author(s):  
Le Quang Rang ◽  
D. Voslamber

2012 ◽  
Vol 20 (2) ◽  
pp. 301-317
Author(s):  
Osahon O. Guobadia

A new constitutional democracy was established in Nigeria on 29 May 1999. This Fourth Republic was founded upon the Constitution of the Federal Republic of Nigeria 1999 (as amended) which unshackled the judiciary from the bondage of military decrees. This also brought excitement to the citizenry which finds expression in the belief that the judiciary, their last bastion of succour, is now poised to intervene in the inevitable tussle between might and the exercise of new democratic tenets. These tenets encompass the ideals of economic justice, political justice and social justice. 1 1 C. C. Nweze, ‘Judicial Sustainability of Constitutional Democracy in Nigeria: A Response to the Phonographic Theory of the Judicial Function’, in E. S. Nwauche and F. I. Asogwah (eds), Essays in Honour of Professor C. O. Okunkwo, (SAN) Jite Books (2000), p. 225. Against the backdrop of this reality, the article will examine the extent to which the judiciary in Nigeria has performed its constitutional role as an independent arm of government towards ensuring the observance of democratic values in a free, open, humane and civilised society.


Author(s):  
Hoolo Nyane

While electoral discontent has been the enduring feature of constitutional democracy in Lesotho since independence, disagreement over electoral system is a fairly recent phenomenon. When the country attained independence in 1966 from Britain, electoral system was not necessarily one of the topical issues of pre-independence constitutional negotiations. The major issues were the powers of the monarch, the office of prime minister, the command of the army and many more.  It was taken for granted that the country would use the British-based plurality electoral system.  This is the system which the country used until early 2000s when the electoral laws were reformed to anchor a new mixed electoral system.  When the new electoral laws were ultimately passed in 2001, the country transitioned from a plurality electoral system to a two-ballot mixed member proportional system. By this time, electoral system had acquired prominence in politico-legal discourse in Lesotho.  In the run-up to 2007 elections, bigger political parties orchestrated the manipulation of electoral laws which culminated in clearly distorted electoral outcomes. The manipulations motivated further reforms in the run-up to 2012 election which resulted in the single-ballot mixed member proportional system. The purpose of this paper is to critically evaluate how electoral laws have anchored electoral system reforms throughout the various historical epochs in Lesotho since independence. The paper contends that while the country has been courageous, unlike most of its peers, to introduce far-reaching electoral system changes, the reform of electoral laws has not been so helpful in attaining the higher objectives of political inclusivity, constitutionalism and stability in Lesotho.


2018 ◽  
Author(s):  
Timothy Newhouse ◽  
Daria E. Kim ◽  
Joshua E. Zweig

The diverse molecular architectures of terpene natural products are assembled by exquisite enzyme-catalyzed reactions. Successful recapitulation of these transformations using chemical synthesis is hard to predict from first principles and therefore challenging to execute. A means of evaluating the feasibility of such chemical reactions would greatly enable the development of concise syntheses of complex small molecules. Herein, we report the computational analysis of the energetic favorability of a key bio-inspired transformation, which we use to inform our synthetic strategy. This approach was applied to synthesize two constituents of the historically challenging indole diterpenoid class, resulting in a concise route to (–)-paspaline A in 9 steps from commercially available materials and the first pathway to and structural confirmation of emindole PB in 13 steps. This work highlights how traditional retrosynthetic design can be augmented with quantum chemical calculations to reveal energetically feasible synthetic disconnections, minimizing time-consuming and expensive empirical evaluation.


1991 ◽  
Vol 3 (4) ◽  
pp. 23-70
Author(s):  
Christopher Buck

Vindicating the mission of the Persian reformer known as the Báb (d. 1850) Bahá’u’lláh’s Book of Certitude (1862) focused on spiritual authority from an Islamic perspective. In this work, a subtext may be discerned, in which Bahá’u’lláh intimates his own mission in the same terms of reference. Later, in his epistles to the monarchs of Europe and West Asia (1866–1869), Bahá’u’lláh exercised that authority and spoke of world reform. This article places Bahá’u’lláh in the context of Islamic reform, with particular reference to the advocacy of constitutional democracy by prominent Iranian secularists. In an ideological ether pervaded by “Westoxication,” Bahá’u’lláh sought to reverse the direction of Western influence. Bahá’u’lláh prosecuted his own reforms in three stages: Bábí reform; Persian reform; and world reform. In the centrifugal sequence, Bahá’u’lláh is shown to have bypassed Islamic reform altogether in his professed role as “World Reformer.”


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