Epilogue, Ch.56 The Indian Constitution Seen from Outside

2016 ◽  
Author(s):  
Tushnet Mark
Keyword(s):  
Public Interest ◽  
Political System ◽  
Party System ◽  
Basic Structure ◽  
Political Elites ◽  
Judicial Interpretation ◽  
Constitutional Courts ◽  
Indian Constitution ◽  
Constitutional Amendments ◽  
Public Interest Litigation

This chapter considers some aspects of the Indian Constitution and its judicial interpretation, as seen from abroad. To this end, it discusses a number of topics that compare India’s constitutional experience with those of other countries, beginning with unconstitutional constitutional amendments and the ‘Basic Structure’ doctrine. It then explores public interest litigation, affirmative action and reservations, and finally the mechanisms by which judicial independence has been secured in India. It also comments on the contentious relationship between constitutional courts and political elites in other institutions. The chapter concludes by noting how constitutional developments, including the growth of constitutional doctrine, are intertwined with a nation’s overall political system, especially the party system in place.

The Justice and Development Party (AKP) and the problematic transition to the presidential system in Turkey A vision in analyzing political reality and facing challenges

2019 ◽  
Vol 3 (10) ◽  
pp. 38
Author(s):  
Ahmed Adnan Kazem ◽  
Jassem Mohammed Ahmed
Keyword(s):  
Political System ◽  
Military Intervention ◽  
Political Life ◽  
The Political ◽  
Political Elites ◽  
Constitutional Amendments ◽  
Economic Miracle ◽  
Parliamentary System ◽  
Political Reality ◽  
Political Scene

The Turkish governments had witnessed dramatic changes during several decades ,So the article researched in realistic situations to estimate the contemporary events according to what happened now a days . Therefore , many challenges must be tackled in order to assessment the political scene specially after several military intervention in political life ,So these developments required making of amendments in constitutional law to change the political system toward presidential order instead of parliamentary system , and this  was happened in constitutional amendments which hold in sixteenth of April 2017 as a result of it . Turkish policies were stable politically and lawfully according to practicing democracy ,and it could be easily to know the nature of political participation as followed constitutionally .So the potentially strongest forces are being enabled to renew the political elites ,and the economic miracle would redistribution of roles among active actors in political life .Erdoğan's supporters point out since the attempted coup which happened in amid of July 2016 ,So the governing party and its government tried to reconstruction of trust between the peoples and political elites mutually , in order to override all challenges and to  stabilize the process of democracy

Introduction

2018 ◽  
pp. 1-31
Author(s):  
Rohit De
Keyword(s):  
Public Interest ◽  
Political Action ◽  
Historical Imagination ◽  
Indian Constitution ◽  
Public And Private ◽  
Public Interest Litigation ◽  
Private Lives ◽  
The People ◽  
History Of

This introductory chapter provides an overview of the Indian Constitution. The Indian Constitution is the longest surviving constitution in the postcolonial world, and it continues to dominate public life in India. It did not descend upon the people; it was produced and reproduced in everyday encounters. From the earliest days of India's independence, citizens' political action influenced the court and reveals a long history of public-interest litigation driven by litigants rather than judges. However, despite the centrality of the Constitution to public and private lives in South Asia, it remains “ill served by historical imagination” and its history understudied. It is partly because Indian constitutionalism defies easy explanations. This book thus traces the process through which the Constitution emerged as the dominant field for politics, breaking new methodological ground by studying the Constitution through the daily interpretive acts of ordinary people as well as judges and state officials.

Bipartisanship as Possible Alternative of Russian Political System Evolution

2018 ◽  
Vol 42 ◽  
pp. 256-265
Author(s):  
Konstantin V. Simonov ◽  
Stanislav P. Mitrakhovich
Keyword(s):  
United States ◽  
Detailed Analysis ◽  
Political System ◽  
Party System ◽  
Political Competition ◽  
The United States ◽  
Point Of View ◽  
Complex Structures ◽  
Practical Advice ◽  
Simultaneous Separation

The article examines the possibility of transfer to bipartisan system in Russia. The authors assess the benefits of the two-party system that include first of all the ensuring of actual political competition and authority alternativeness with simultaneous separation of minute non-system forces that may contribute to the country destabilization. The authors analyze the accompanying risks and show that the concept of the two-party system as the catalyst of elite schism is mostly exaggerated. The authors pay separate attention to the experience of bipartisan system implementation in other countries, including the United States. They offer detailed analysis of the generated concept of the bipartisanship crisis and show that this point of view doesn’t quite agree with the current political practice. The authors also examine the foreign experience of the single-party system. They show that the success of the said system is mostly insubstantial, besides many of such systems have altered into more complex structures, while commentators very often use not the actual information but the established myths about this or that country. The authors also offer practical advice regarding the potential technologies of transition to the bipartisan system in Russia.

Back to the Westminster model? The Brexit process and the UK political system

2021 ◽  
pp. 019251212096737
Author(s):  
Gianfranco Baldini ◽  
Edoardo Bressanelli ◽  
Emanuele Massetti
Keyword(s):  
Political System ◽  
Party System ◽  
Political Process ◽  
Three Dimensions ◽  
Executive Power ◽  
The Political ◽  
Westminster Model ◽  
The Uk ◽  
Quantitative Indicators ◽  
The Impact

This article investigates the impact of Brexit on the British political system. By critically engaging with the conceptualisation of the Westminster model proposed by Arend Lijphart, it analyses the strains of Brexit on three dimensions developed from from Lijphart’s framework: elections and the party system, executive– legislative dynamics and the relationship between central and devolved administrations. Supplementing quantitative indicators with an in-depth qualitative analysis, the article shows that the process of Brexit has ultimately reaffirmed, with some important caveats, key features of the Westminster model: the resilience of the two-party system, executive dominance over Parliament and the unitary character of the political system. Inheriting a context marked by the progressive weakening of key majoritarian features of the political system, the Brexit process has brought back some of the traditional executive power-hoarding dynamics. Yet, this prevailing trend has created strains and resistances that keep the political process open to different developments.

The Zhenhua Case: the emergence of civil environmental public interest litigation in China

2021 ◽  
Vol 14 (2) ◽  
pp. 116-128
Author(s):  
Wenjun Yan
Keyword(s):  
Air Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Pollution Control ◽  
Environmental Damage ◽  
Air Pollution Control ◽  
Public Interest Litigation ◽  
First Time ◽  
Restoration Cost

Abstract In 2015, the All-China Environment Federation v Dezhou Jinghua Group Zhenhua Corporation Limited case was the first civil environmental public interest litigation (CEPIL) against air pollution in China. Constituting a milestone in the field of air pollution control in China, this case (i) confirms the eligibility of a non-governmental organisation (NGO) to file civil public interest litigations; (ii) discusses remedies for the ecological destruction caused by air pollution; (iii) assesses the ecological and environmental damage using the ‘virtual restoration cost’ method; and (iv) uses public apology as an innovative way for Zhenhua to assume liability. By applying and interpreting several important rules under the Environmental Protection Law of China (EPLC) for the first time, this case sets an example for future CEPILs against air pollution in China.

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