23. Conclusion

2021 ◽  
pp. 649-660
Author(s):  
Ian Loveland
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
Political System ◽  
Constitutional Reform ◽  
European Convention ◽  
The Political ◽  
Simple Majority ◽  
Amsterdam Treaty ◽  
System P ◽  
Fundamental Freedoms

This chapter addresses the question of whether it is legally possible to entrench legislation in a way that safeguards it from repeal by the traditional ‘simple majority in Commons and Lords plus Royal Assent’ formula; and, if so, under what political circumstances it might legitimately be employed. It argues that the Blair government’s commitment to establishing a pluralist political culture is head and shoulders above any of their twentieth-century predecessors. This is most evident in its devolution legislation as well as in its embrace of the European Convention on Human Rights and Fundamental Freedoms and the provisions of the Amsterdam Treaty. The same observation may be made about the Blair government’s promotion of the Constitutional Reform Act 2005. Yet these initiatives, desirable though they may be, can hardly be seen as engineering a constituent reformation of the political system.

24. Conclusion

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
Political System ◽  
Constitutional Reform ◽  
European Convention ◽  
The Political ◽  
Simple Majority ◽  
Amsterdam Treaty ◽  
System P ◽  
Fundamental Freedoms

This chapter addresses the question of whether it is legally possible to entrench legislation in a way that safeguards it from repeal by the traditional ‘simple majority in Commons and Lords plus Royal Assent’ formula; and, if so, under what political circumstances it might legitimately be employed. It argues that the Blair government’s commitment to establishing a pluralist political culture is head and shoulders above any of their twentieth-century predecessors. This is most evident in its devolution legislation as well as in its embrace of the European Convention on Human Rights and Fundamental Freedoms and the provisions of the Amsterdam Treaty. The same observation may be made about the Blair government’s promotion of the Constitutional Reform Act 2005. Yet these initiatives, desirable though they may be, can hardly be seen as engineering a constituent reformation of the political system.

A New Constitution

2021 ◽  
pp. 243-254
Author(s):  
Michael Llewellyn-Smith
Keyword(s):  
Land Reform ◽  
Political System ◽  
Social Systems ◽  
Political Process ◽  
Constitutional Reform ◽  
The Political ◽  
Good Basis ◽  
Primary Level ◽  
Public Benefit ◽  
System P

Constitutional reform was the first task required, in order to relaunch the political process stymied by Goudi. Venizelos with his experience of Cretan constitution making was well equipped to guide the debates, 42 in all, which formulated a new charter. This was grist to his mill. He set out, preserving the fundamental balance between the institutions (Crown and parliament) established in the 1864 constitution, to modernize the political and social systems, enhance justice, fairness and freedoms, and provide more of a role for the state in the economy. The chapter considers in detail the question of land reform, in particular what to do about the large latifundia in Thessaly worked by sharecroppers. Here the solution reached was to provide for expropriation for reasons of public benefit rather than only public necessity, thus opening the way to later land reform. The constitution provided for compulsory free education at the primary level. In sum the new constitution provided a good basis for a renewed political process through a fairer and more modern political system.

The Dual Executive

2017 ◽  
Author(s):  
Michelle Belco ◽  
Brandon Rottinghaus
Keyword(s):  
Policy Making ◽  
Political System ◽  
Government Support ◽  
The Political ◽  
Government Function ◽  
Dual Roles ◽  
System P ◽  
Policy Making Process

The president serves dual roles in the political system: one who “commands” by pursuing his or her agenda using unilateral orders and one who “administers” and who works to continue proper government function, often with the support of Congress. In a reassessment of the literature on unilateral power, this book considers the president’s dual roles during the stages of the policy-making process. Although presidents may appear to act “first and alone,” the reality is often much different. Presidents act in response to their own concerns, as well as assisting Congress on priorities and the need to maintain harmonic government function. The authors find support for both the model of an aggressive president who uses unilateral orders to push his or her agenda, head off unfavorable congressional legislation, and selectively implement legislation, and they find support for a unifying president who is willing to share management of government, support Congressional legislative efforts, and faithfully implement legislation. At the same time, presidents self-check their actions based on the ability of Congress to act to overturn their orders, through a shared sense of responsibility to keep government moving and out of respect for the constitutional balance. The shared nature of unilateral orders does not preclude an active president, as presidents remain strong, central actors in the political system.

Council of Europe

2018 ◽  
Author(s):  
Oliver Lewis
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Council Of Europe ◽  
Persons With Disabilities ◽  
European Committee ◽  
European Court ◽  
Human Rights Treaties ◽  
Fundamental Freedoms ◽  
Two Bodies

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.

Fundamental Rights and the Integrity of Union Law

2018 ◽  
Author(s):  
Julio Baquero Cruz
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Fundamental Importance ◽  
The Political ◽  
The Future ◽  
Political Understanding

This chapter analyses another area of Union law that is highly controversial and relevant in structural terms—the protection of fundamental rights. It discusses the scope and standard of the protection offered at Union level, the consequences for national law, and the implications of the future accession of the Union to the European Convention on Human Rights. These issues are of fundamental importance for the integrity of Union law and of wider significance for the political understanding of the Union.

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