The Syrian Constitution at the end of the civil war: Is there a constitutional way to democratization?

2021 ◽  
pp. 1-16
Author(s):  
Antonio-Martín Porras-Gómez
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
Constitutional Politics ◽  
The Rule Of Law ◽  
Analytical Perspective ◽  
Constitutional Changes

Abstract The 2012 Syrian Constitution has been largely (dis)regarded as embodying a mere policy intent to placate contestation, leaving the resorts of monocratic power untouched. While this might be true, there were formal changes whose study is worthwhile to understand the possibilities for some degree of democratization. This article delves into the 2012 charter and its main innovations, asking, first, from a descriptive-analytical perspective, what are the main trends underlying contemporary Syrian constitutional politics? Second, from an explanatory perspective, what specific constitutional provisions prevent the rule of law and the material constitutional transformation in democratic terms? What legal-institutional mechanisms account for this phenomenon? While the 2012 formal constitutional changes can be conceived as a ‘blueprint’ revealing governmental priorities, the outstanding democratic deficits might help to identify the opposition's priorities. Together, they contribute to delineate a bargaining range for the ongoing constituent negotiations.

Cicero and Milo

1974 ◽  
Vol 64 ◽  
pp. 62-78 ◽  
Author(s):  
A. W. Lintott
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
The State ◽  
The Political ◽  
New Era ◽  
The Rule Of Law ◽  
Political Position ◽  
The Republic ◽  
Political Realignment ◽  
Political Scene

The battle of Bovillae on 18th January, 52 B.C., which led to Clodius' death, was literally treated by Cicero in a letter to Atticus as the beginning of a new era—he dated the letter by it, although over a year had elapsed. It is difficult to exaggerate the relief it afforded him from fear and humiliation for a few precious years before civil war put him once more in jeopardy. At one stroke Cicero lost his chief inimicus and the Republic lost a hostis and pestis. Moreover, the turmoil led to a political realignment for which Cicero had been striving for the last ten years—a reconciliation between the boni and Pompey, as a result of which Pompey was commissioned to put the state to rights. Cicero's behaviour in this context, especially his return to the centre of the political scene, is, one would have thought, of capital importance to the biographer of Cicero. Yet two recent English biographies have but briefly touched on the topic. It is true that, in the background of Cicero's personal drama, Caesar and Pompey were taking up positions which, as events turned out, would lead to the collapse of the Republic. However, Cicero and Milo were not to know this, nor were their opponents; friendly cooperation between the two super-politicians apparently was continuing. Politicians on all sides were still aiming to secure power and honour through the traditional Republican magistracies, and in this pursuit were prepared to use the odd mixture of violence, bribery and insistence on the strict letter of the constitution, which was becoming a popular recipe. In retrospect their obsession with the customary organs of power has a certain irony. Yet it is a testimony to the political atmosphere then. Their manoeuvres are also important because both the instability caused by the violence of Clodius and Milo, and the eventual confidence in the rule of law established under Pompey's protection, helped to determine the political position of the boni associated with Pompey in 49 B.C. Cicero's relationship with Milo is at first sight one of the more puzzling aspects of his career. What had they in common, except that Milo, like most late Republican politicians, was at one time associated with Pompey? Properly interpreted, however, this relationship may not only illuminate Cicero's own attitudes but illustrate the character of the last years of Republican politics.

The Prosecutor’s Office and the Rule of Law during the Civil War (The end)

2021 ◽  
pp. 205
Author(s):  
Alexander G. Zvyagintsev
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
The Rule Of Law

The article is devoted to the transformations of the Prosecutor’s Office during the Civil War of 1917 - 1922. The Prosecutor’s Office in the form in which it was under the tsarist regime and the Provisional Government actually ceased to exist. The article highlights the principles of work and the structure of the provisional authorities and management that replaced the Prosecutor's Office of the tsarist time.

Judicial Independence: Who Cares?

2007 ◽  
Author(s):  
Neil MacCormick
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Judicial Independence ◽  
England And Wales ◽  
The Rule Of Law ◽  
Recent Developments ◽  
Constitutional Changes

This lecture discusses judicial independence. It notes that the increase in concern over judicial independence was due to recent developments in Scotland, England and Wales. The constitutional changes also led to new relationships between ministers and judges, which in turn has led to governmental declarations to respect the rule of law and judicial independence. The lecture also stresses the importance of considering and re-asserting the principles that justify judicial independence, as well as the underlying concept of separation of powers.

scholarly journals Introduction: Populist constitutionalism: Varieties, complexities, and contradictions

2019 ◽  
Vol 20 (3) ◽  
pp. 291-295 ◽  
Author(s):  
Paul Blokker ◽  
Bojan Bugaric ◽  
Gábor Halmai
Keyword(s):  
Rule Of Law ◽  
Union Member ◽  
Special Issue ◽  
Constituent Power ◽  
Constitutional Politics ◽  
The Rule Of Law ◽  
Complex Relation ◽  
Established Democracies ◽  
European Union Member States ◽  
Fundamental Values

AbstractThe intense engagement of populists with constitutionalism—a phenomenon originally related to experiences in Latin America—is increasingly evident in some of the new European Union member states. But the populist phenomenon is clearly not confined to more recently established democracies. Populist constitutionalism stands for a number of distinctive tendencies in constitutional politics and practices which frequently are in tension with—and may even threaten—fundamental values, human rights, representative democracy, and the rule of law. The relation between populism and constitutionalism is, however, not necessarily one of anti-thesis, but rather manifests itself in distinctive ways, depending on specific contexts and variations. In this special issue, we argue that populist constitutionalism is best analyzed in a comparative, and historically and contextually attuned manner. The special issue wants to contribute to understandings of populist constitutionalism, which are both theoretically more robust and able to comparatively reflect on a diversity of “really existing” cases. The various contributions discuss central dimensions to the populist phenomenon. These pertain in particular to: (a) The varieties of populist engagement with constitutionalism; (b) a deeper understanding of the populist mindset; (c) the position-taking and reaction of constitutional scholars to populism; (d) the complex relation and overlap of populism with illiberalism and authoritarianism; and (e) the central nature of constituent power in populist projects.

International Intervention and the Rule of Law after Civil War: Evidence from Liberia

2019 ◽  
Vol 73 (02) ◽  
pp. 365-398 ◽  
Author(s):  
Robert A. Blair
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
Short Term ◽  
State Laws ◽  
International Intervention ◽  
The Rule Of Law ◽  
Beneficial Effects ◽  
Legal Limits ◽  
List Experiment ◽  
Original Survey

AbstractWhat are the effects of international intervention on the rule of law after civil war? Rule of law requires not only that state authorities abide by legal limits on their power, but also that citizens rely on state laws and institutions to adjudicate disputes. Using an original survey and list experiment in Liberia, I show that exposure to the UN Mission in Liberia (UNMIL) increased citizens’ reliance on state over nonstate authorities to resolve the most serious incidents of crime and violence, and increased nonstate authorities’ reliance on legal over illegal mechanisms of dispute resolution. I use multiple identification strategies to support a causal interpretation of these results, including an instrumental variables strategy that leverages plausibly exogenous variation in the distribution of UNMIL personnel induced by the killing of seven peacekeepers in neighboring Côte d'Ivoire. My results are still detectable two years later, even in communities that report no further exposure to peacekeepers. I also find that exposure to UNMIL did not mitigate and may in fact have exacerbated citizens’ perceptions of state corruption and bias in the short term, but that these apparently adverse effects dissipated over time. I conclude by discussing implications of these complex but overall beneficial effects.

Conflict and Courts: Civil War and Judicial Independence across Democracies

2018 ◽  
Vol 72 (3) ◽  
pp. 700-713
Author(s):  
Brad Epperly ◽  
Jacqueline Sievert
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
Civil Liberties ◽  
Judicial Independence ◽  
Executive Power ◽  
The Rule Of Law ◽  
Legal Studies ◽  
Federal Judiciary ◽  
Cross National

Many argue that during conflict, executive power expands at the expense of the judiciary and civil liberties. Although this is a common conjecture, no systematic study of conflict and judicial independence exists. We argue that conflict, rather than strictly inhibiting independence, is instead a critical juncture that increases the possibility of institutional change, either positive or negative. We assess this claim in three ways: cross-national analyses of (1) de facto and (2) de jure judicial independence after the onset of conflict, and (3) a case study of statutory and jurisdictional changes to the federal judiciary after the outbreak of the U.S. Civil War. Each illustrates that conflict onset is associated with a higher likelihood of changing levels—both decreases and increases—rather than unidirectional decreases in judicial independence. We then present preliminary hypotheses and analyses for three factors that, given conflict onset, should be associated with either improved or worsened conditions for the judiciary. This study has implications for research on conflict, courts, and the rule of law in both political science and legal studies.

Appointment With Destiny

2006 ◽  
Vol 18 (1) ◽  
pp. 113-120
Author(s):  
Mihajlo Mihajlov ◽  
Keyword(s):  
Human Rights ◽  
Public Opinion ◽  
Civil War ◽  
Ethnic Conflict ◽  
Rule Of Law ◽  
Human Dignity ◽  
The Rule Of Law ◽  
The Balkans ◽  
Independent Path ◽  
Political Persuasion

Apart from Mukovan Djilas, Mihajlo Mihajlov is considered as the most famous dissident in the Balkans--a former prisoner-of-conscience in Tito's Yugoslavia. This brief but comprehensive, autobiographical retrospective recounts some major hilights in Mihajlov's odyssey ushered in by his intellectual travelogue, Moscow Sunmer 1964, first published in full in The New Leader. Mihajlov became an embarrassment not only to Josip Broz Tito and the Soviet leaders, but also to those in die West who landed Tito's "independent path to socialism." Yet others correctly perceived Mihajlov's quest for freedom of thought, speech, press, association, religious, philosophical and political persuasion as a classic benchmark of basic human rights and freedoms characterizing open, pluralistic, democratic polities. Indeed, the Westem press contributed to the pressure of world public opinion, which helped free Mihajlov, and, as he claims, even kept him alive. In a region divided by inter-ethnic conflict and civil war, Mihajlov's struggle for the rule of law and human dignity epitomizes hopes for a better future.

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