'To Save the People from Themselves'

2021 ◽  
Author(s):  
Robert J. Steinfeld
Keyword(s):  
Judicial Review ◽  
The Novel ◽  
Privy Council ◽  
Constitutional Convention ◽  
The People ◽  
Anglo American ◽  
Constitutional System

In this expansive history, Robert J. Steinfeld offers a thorough re-interpretation of the origins of American judicial review and the central role it quickly came to play in the American constitutional system. Beginning with Privy Council review of American colonial legislation, the book goes on to provide detailed descriptions of the character of the first American constitutions, showing that they drew heavily on traditional Anglo/American constitutional assumptions, which treated legislatures as the primary interpreters of constitutions. Steinfeld then expertly analyses the central role lawyers and judges played in transforming these assumptions, creating the practice and doctrine of American judicial review in a half dozen state cases during the 1780s. The book concludes by showing that the ideas formulated during those years shaped critical decisions taken by the Constitutional Convention of 1787, which turned the novel practice into a permanent, if still deeply controversial, feature of the American constitutional system.

Judge and lawgiver in Anglo-American history

2003 ◽  
Vol 11 (3) ◽  
pp. 325-339
Author(s):  
R. C. VAN CAENEGEM
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Case Law ◽  
The United States ◽  
European Convention ◽  
Stare Decisis ◽  
The People ◽  
British System ◽  
Anglo American ◽  
The Impact

Politicians are not expected to interfere with the judiciary. Parliament passes laws and the courts interpret and apply them. On the Continent, judicial freedom is restricted by codification, which was avoided in England where greater judicial flexibility survived. In the United States the Restatement of the Law was a move in the direction of codification. Also in that country, judicial review of the constitutionality of the laws gave the judges the power to declare statutes passed by the representatives of the people unconstitutional. No such power exists in England, but the courts have other means of reducing the impact of Acts of Parliament, such as the exclusionary rule and the convention that the lawgiver does not intend to change the common law, which is judge-made case law, governed by the doctrine of precedent. Those traditional elements of the English common law were recently eroded by modernizing trends: the rule of exclusion was given up in favour of the search for the intention of the lawgiver, and the force of stare decisis was reduced. The recent incorporation of the European Convention on Human Rights into British law has introduced a form of judicial review of the laws into the British system.

scholarly journals The Genetic Essence of Houses and People: History as Idealization and Appropriation of an Imagined Timelessness

2016 ◽  
Vol 8 (1) ◽  
pp. 99-116
Author(s):  
Francesca Pierini
Keyword(s):  
North America ◽  
Young Woman ◽  
The Novel ◽  
The Past ◽  
The People ◽  
Italian Culture ◽  
Anglo American ◽  
Urban Territory

Abstract Marina Fiorato’s The Glassblower of Murano (2008) tells the story of Eleonora, a young woman who travels to Venice in search of her genealogical past and existential roots. Coming from London, Eleonora incarnates a “modern” outlook on what she assumes to be the timeless life and culture of Venice. At one point in the novel, admiring the old houses on the Canal Grande, Eleonora is “on fire with enthusiasm for this culture where the houses and the people kept their genetic essence so pure for millennia that they look the same now as in the Renaissance” (2008, 15). This discourse of pure origins and unbroken continuities is a fascinating fantasizing on characteristics that extend from the urban territory to the people who inhabit it. Within narratives centred on this notion, Italian culture, perceived as holding a privileged relation with history and the past, is often contrasted with the displacement and rootlessness that seem to characterize the modern places and people of England and North America. Through a discussion of two Anglo-American popular novels set in Italy, and several relocation narratives, this paper proposes an exploration of the notion according to which history is the force cementing the identities of societies perceived as less modern and frozen in a timeless dimension. From a point in time when the dialectics of history have been allegedly transcended, Anglo-American popular narratives observe Italy as a timeless, pre-modern other.

CONSTITUTIONAL CONVENTION IN PRACTICE CONSTITUTION IN INDONESIA

2015 ◽  
Vol 1 (1) ◽  
pp. 1-10
Author(s):  
Dadang Suprijatna
Keyword(s):  
Constitutional Law ◽  
Constitutional Convention ◽  
Parliamentary System ◽  
The People ◽  
State Administration ◽  
The World ◽  
The Republic ◽  
Constitutional System ◽  
Almost All ◽  
Over Time

ABSTRACT Conventions has the same legal force by law, because it is accepted and executed, even the convention can shift the written laws. Constitution change, one of them can be reached through the convention, because the constitution is open to be evaluated and refined over time through political mechanisms. To make changes and improvements in the constitution can be developed through amendments or changes as stipulated in Article 37 of the Constitution of 1945 can also be done through a constitutional convention. Convention by constitutional law experts recognized as one of the sources of constitutional law that can be used in the preparation of the implementation system of the Republic of Indonesia as the law states that sovereignty of the people. Almost all modern countries in the world beside it has the constitution (the written Constitution) in the practice of state administration also acknowledges the convention. There are convention in every constitutional system, especially in democracies. For Indonesia, the convention grew by or in accordance with the needs of the Indonesian state. Therefore it should be understood that the convention can not be"imported" form the constitutional system of other countries may be different principle and character with the state system of Indonesia. Parliamentary system that has been entrenched in the constitutional system in western countries, are certainly not in accordance with the constitutional system of Indonesia under the Act of 1945. Keywords: Convention, Constitutional, Indonesias Constitution 

scholarly journals Judges and Representatives of the People: a Polish Perspective

2020 ◽  
Vol 16 (3) ◽  
pp. 345-378
Author(s):  
Małgorzata Gersdorf ◽  
Mateusz Pilich
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Point Of View ◽  
Mutual Respect ◽  
Public Authorities ◽  
Absolute Power ◽  
The Rule Of Law ◽  
The People ◽  
Protection Of Human Rights ◽  
Constitutional System

Relations between the judiciary and the elected authorities (i.e. the legislative and the executive) in each country and at all times are among the most sensitive from the point of view of statehood. There is an obvious truth expressed in the famous saying of Lord Acton: ‘Power tends to corrupt, absolute power corrupts absolutely’2. The universal calling of judges is to restrain executive and legislative branches of government in their efforts to increase their power, especially at the expense of individuals. A state where there is no sufficiently strong counterweight to the natural omnipotence of the people’s representatives is not in line with the principle of the rule of law, because there is no one to remind the elected powers that their mandate has its limits – contemporarily established in particular by constitutional norms and the international regime for the protection of human rights.3 Naturally, courts do not directly take part in a political discourse, even though some kind of judicial review of the acts of public authorities exists virtually everywhere; these should not be characterised as an interference in political matters.4 The mutual respect of the judiciary and elected authorities proves the maturity of the state constitutional system, regardless of how far-reaching the powers are of judges to examine the constitutionality of legislation.

Federalism v. Individual Rights: The Legal Squeeze on Self-Incrimination

1960 ◽  
Vol 54 (4) ◽  
pp. 887-898
Author(s):  
Richard A. Watson
Keyword(s):  
State Government ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Federal State ◽  
Division Of Powers ◽  
The People ◽  
Form Of Government ◽  
Constitutional System ◽  
The Individual ◽  
The Right

This study deals with one reputed value of federalism, its service in the cause of freedom or liberty (both terms are used interchangeably here to mean an immunity from arbitrary governmental action). In particular, I shall examine one aspect of that sort of freedom in our federal system, namely, the right against self-incrimination. The general case for the peculiar virtue of our constitutional system as a means of assuring such a right was summarized by Madison:In the compound republic of America the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other at the same time that each will be controlled by itself.Passing over argument about the contribution of the separation of powers and judicial review, our attention will center on the complexities introduced by the federal division of powers. William Anderson posed the broad question some years ago: “Does federalism imply not only a division of powers between national and state government, but also a subtraction of powers from both in favor of the individual? Will there be less government in a federal than in a unitary state, or possibly even more?” And we might add—what his formulation leaves partly open—if more government, then necessarily less freedom? More explicitly, Franz Neumann has suggested recently that “whether the federal state does increase freedom cannot be abstractly determined. We have some evidence that the federal state as such (that is regardless of the form of government) has not fulfilled this role.”

Analytical Study of Violence Theme in Victoria Schwab’s This Savage Song

2019 ◽  
Keyword(s):  
Analytical Study ◽  
Research Paper ◽  
The Novel ◽  
Vicious Cycle ◽  
Aggressive Approach ◽  
Research Article ◽  
The People ◽  
The Social ◽  
Different Dimensions ◽  
The Right

This research article focuses on the theme of violence and its representation by the characters of the novel “This Savage Song” by Victoria Schwab. How violence is transmitted through genes to next generations and to what extent socio- psycho factors are involved in it, has also been discussed. Similarly, in what manner violent events and deeds by the parents affect the psychology of children and how it inculcates aggressive behaviour in their minds has been studied. What role is played by the parents in grooming the personality of children and ultimately their decisions to choose the right or wrong way has been argued. In the light of the theory of Judith Harris, this research paper highlights all the phenomena involved: How the social hierarchy controls the behaviour. In addition, the aggressive approach of the people in their lives has been analyzed in the light of the study of second theorist Thomas W Blume. As the novel is a unique representation of supernatural characters, the monsters, which are the products of some cruel deeds, this research paper brings out different dimensions of human sufferings with respect to these supernatural beings. Moreover, the researcher also discusses that, in what manner the curse of violence creates an inevitable vicious cycle of cruel monsters that makes the life of the characters turbulent and miserable.

Hubungan Intertekstual Novel Candra Kirana dan “Tjerita Panji Angreni”: Perspektif Riffaterre

ATAVISME ◽  
2020 ◽  
Vol 23 (1) ◽  
pp. 104-116
Author(s):  
Muhammad Rosyid H.W.
Keyword(s):  
Content Analysis ◽  
Gender Equality ◽  
The Novel ◽  
Main Character ◽  
The People

Penelitian ini bertujuan membahas hubungan intertekstual novel Candra Kirana karya Ajip Rosidi dengan "Tjerita Panji Angreni". Unsur apa saja dan bagaimana novel Candra Kirana memiliki hubungan intertekstual dengan "Tjerita Panji Angreni' sebagai teks hipogramnya adalah pertanyaan penelitian ini. Dalam menelaah hubungan intertekstual ini, penulis menggunakan teori intertekstual Michael Riffaterre yang menitikberatkan pada analisis isi dengan metode pembacaan heuristik dan hermeneutik. Temuan penelitian ini adalah bahwa novel Candra Kirana menunjukkan hubungan intertekstual dengan Tjerita Panji Angreni melalui unsur tema, citra tokoh, dan alur cerita. Meskipun demikian, novel Candra Kirana juga mentransformasikan makna-makna progresif yang berbeda dengan "Tjerita Panji Angreni", seperti makna nasionalisme yang berupa cinta akan kerajaan, makna kesetaraan gender yang berupa kesetiaan laki-laki, keberanian, kekuatan, perjuangan dan ketidakpasrahan perempuan, makna kerakyatan dengan pelibatan tokoh utama dari kalangan rakyat dan makna religiusitas yang berbentuk dasar niat Panji dalam mencari pasangan hidup.[Intertextuality on Novel Candra Kirana and "Tjerita Panji Angreni": Riffaterres Perspective] This research aims to discuss the intertextuality of Candra Kirana novel by Ajip Rosidi with "Tjerita Panji Angreni". What elements and to what extend Candra Kirana novel has an intertextual relationship with Tjerita Panji Angreni as the hipogram text were the questions of this research. In examining this intertextual relationship, the writer used Michael Riffaterre's intertextual theory which focused on content analysis with heuristic and hermeneutic readings. The findings of this study were that the novel Candra Kirana showed intertextuality with the "Tjerita Panji Angreni" through elements of themes, character images, and story lines. Even so, Candra Kirana's novel also transformed progressive meanings that differ from the Tjerita Panji Angreni such as the meaning of nationalism in the form of love for the kingdom, the meaning of gender equality in the form of male loyalty, courage, strength, struggle and women's insecurity, the meaning of populist with engagement the main character of the people and the meaning of religiosity in the form of Panji's intention in finding a life partner.Keywords: intertextuality; novel; "Tjerita Panji Angreni"

Life Lessons of the Pandemic ”Covid - 19”

2020 ◽  
Vol 11 (SPL1) ◽  
pp. 469-471 ◽  
Author(s):  
Bhagyashri Vijay Chaudhari ◽  
Priya P. Chawle
Keyword(s):  
Public Health ◽  
Review Article ◽  
Public Health Emergency ◽  
The Novel ◽  
Global Public Health ◽  
Strange Situation ◽  
Republic Of China ◽  
Lifetime History ◽  
The People ◽  
Life Lessons

“A lesson learned the hard way is a lesson learned for a lifetime.” Every bad situation hurts; however, it sure does teach us something a lesson. In the same manner of a new lesson for Human lifetime, history is observing 'The Novel COVID-19 ’, a very horrible and strange situation created due to fighting with a microscopic enemy. WHO on 11 February 2020 has announced a name for new disease as - 19 and has declared as a global public health emergency and subsequently as pandemic because of its widespread. This began as an outbreak in December 2019, with its in Wuhan, the People Republic of China has emerged as a public health emergency of international concern. is the group of a virus with non-segmented, single-stranded and positive RNA genome. This bad situation of pandemic creates new scenes in the life of people in a different manner, which will be going to be life lessons for them. Such lessons should be kept in mind for the safety of living beings and many more things. In this narrative review article, reference was taken from a different article published in various databases which include the view of different authors and writers on the "Lessons to be from Corona".

Legal Principles, Constitutional Principles, and Judicial Review

2019 ◽  
Vol 67 (4) ◽  
pp. 899-930
Author(s):  
Han-Ru Zhou
Keyword(s):  
Judicial Review ◽  
English Language ◽  
Common Law ◽  
Legal Discourse ◽  
Significant Degree ◽  
Clear Cut ◽  
Logical Connection ◽  
Select Group ◽  
The Law ◽  
Anglo American

Abstract Principles form part and parcel of our law and legal discourse, so much so that we seldom think of what they are and what they entail. For centuries they have been invoked daily to interpret and argue about the law. But when it comes to matters of constitutional law, principles are further called upon to perform a perennially controversial function: to help police the boundaries of state action. In most common law jurisdictions with a written constitution, this function of principles runs against the generally accepted view that the exercise of judicial review must ultimately be governed and restricted by the terms of the national constitution. This Article argues that the exercise of judicial review based on principles is not confined to that view, once the relationship between principles and the constitution is unpacked and recontextualized. While the English-language literature on principles over the past half-century has been dominated by a select group of Anglo-American scholars, there is a wealth of untapped insights from other parts of the world. One of the major contributions by continental legal theorists even predates the earliest modern Anglo-American writings on the subject by more than a decade. Overall, the law literature in common law and civil law systems reveals a significant degree of commonalities in the basic characters of principles despite the absence of initial evidence of transsystemic borrowings. The wider conceptual inquiry also displays a shift in the focus of the debate, from the protracted search for a clear-cut distinction between rules and principles towards a redefinition of principles’ relationship with “written” law, be it in the form of a civil code or a constitutional instrument. From this inquiry reemerge “unwritten” principles not deriving from codified or legislated law although they have been used to develop the law. Translated into the constitutional domain, these unwritten principles bear no logical connection with the terms of the constitution. Their main functions cover the entire spectrum from serving as interpretive aids to making law by filling gaps. The theoretical framework fits with an ongoing four-century-old narrative of the evolution of constitutional principles and judicial review across most common law-based systems. Constitutional principles are another area where Anglo-American law and legal discourse is less exceptional and more universal than what many assume. Throughout modern Western history, legal battles have been fought and ensuing developments have been made on the grounds of principles. Our law and jurisprudence remain based on them.

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