Part III Themes, Ch.13 Legitimacy

2018 ◽  
Author(s):  
Lim Brendan
Keyword(s):  
Twentieth Century ◽  
Popular Sovereignty ◽  
Moral Facts

This chapter charts the uneven progression since federation of popular sovereignty as a legitimating force in Australian constitutionalism. It describes how the sociological and moral facts which lie outside the constitution, but which shape our understanding of its legitimacy, can come to be incorporated within the constitution, and to shape our understanding of its law. The chapter begins with the particular conception of popular sovereignty that the Constitution introduced into the regime. This was a political rather than a juridical conception; a fact determining legitimacy rather than legality. But the chapter reveals that the boundary between legitimacy and legality is a porous one. In a wide variety of ways, conceptions of legitimacy influence standards of legality. The course of that influence is then traced through the twentieth century before the chapter returns to arguments presented by Sir Edmund Barton on the last day of the Australasian Federal Conventions in 1898.

Islamic Constitutionalism Before Sovereignty: Two Defenses of the Tunisian Constitution of 1861

2020 ◽  
Vol 37 (1-2) ◽  
pp. 1-40
Author(s):  
Andrew March
Keyword(s):  
Twentieth Century ◽  
Public Interest ◽  
Popular Sovereignty ◽  
Political Life ◽  
Present Moment ◽  
Political Judgment ◽  
Constituent Power ◽  
The Public ◽  
Islamic Thought ◽  
Constitutional Thought

This article focuses on the Tunisian constitutional moment of 1857-1861. Its goal is to explore an important moment in Islamic modernity for the purposes of drawing a contrast with twentieth-century, post-caliphal Islamist thought. The primary themes visible in nineteenth-century Islamic constitutional thought are a “descending” conception of sovereign constituent power with a strong emphasis on the pre-political existence of a divine law that is both binding and guiding but not necessarily the exclusive source of lawmaking. The debates of the 1860s and Ottoman constitutionalism more generally do not lead directly to a non-sovereigntist political vision. But they are representative of a pre-colonial (and thus, to a certain extent, pre-apologetic) Islamic thought that centralizes the public interest, the varieties of political judgment, and the compatibility of distinct kinds of expertise with a desacralized centralized authority. This period may hold relevance for our present moment when twentieth-century ideals of both divine and popular sovereignty seem to no longer dominate Islamic (and Islamist) approaches to political life.

scholarly journals Ward Heelers and Honest Men: Urban Québécois Political Culture and the Montreal Reform of 1909

2013 ◽  
Vol 23 (2) ◽  
pp. 20-32 ◽  
Author(s):  
Alan Gordon
Keyword(s):  
Twentieth Century ◽  
Political Culture ◽  
Municipal Government ◽  
Popular Sovereignty ◽  
Progressive Movement ◽  
City Life ◽  
French Speaking ◽  
Party Support ◽  
Mass Circulation ◽  
The City

While scholars often emphasize traditionalism, ruralism and anti-statism as the "dominants" of Quebec's political culture prior to the Quiet Revolution, some Québécois embraced progressivism early in the twentieth century. Municipal government reform, one of the hallmarks of the progressive movement, cropped up in Canada's largest city, Montreal. Far from being confined to anglophones and remnants of Quebec's rouge party, support for reform came from a wide section of Montreal's French-speaking population. This article analyzes the rhetoric employed by Montreal's mass circulation newspapers during the referendum campaign of 1909 in order to demonstrate the popularity of reform in Montreal and to uncover the main doctrines of French-Canadian progressivism. Urban Quebec's political culture, then, accommodated the position of the city in Québécois culture and envisioned an expanding and active state role in city life. Overriding these beliefs were the basic assumptions of early-twentieth-century liberalism and, curiously for a referendum campaign, a distrust of popular sovereignty characteristic of North American reformism in general.

Anticolonial Constitutionalism: The Case of Hồ Chi Minh

2018 ◽  
Vol 19 (2) ◽  
pp. 197-221
Author(s):  
SON NGOC BUI
Keyword(s):  
Twentieth Century ◽  
Special Reference ◽  
Rule Of Law ◽  
Fundamental Rights ◽  
Popular Sovereignty ◽  
French Colonialism ◽  
The Rule Of Law ◽  
Constitutional Government ◽  
Colonial Government ◽  
The Relationship

AbstractHow is modern constitutionalism related to anticolonialism? This Article takes into account this question with a special reference to the case of Hồ Chi Minh. It argues that modern constitutionalism offers a powerful ideational and discursive weapon for the colonized people to struggle against colonialism. To understand this, the Article introduces the concept of ‘anticolonial constitutionalism’, defined as a form of political discourse in which anticolonialists employ the language and ideas of modern constitutionalism to combat the predatory colonial government and to express the aspirations to a constitutional government. Anticolonial constitutionalism emerges under three conditions, namely exploitatory and arbitrary colonialism, anticolonialism, and constitutional enlightenment. The case of Hồ Chí Minh illustrates this phenomenon well. When Vietnam was under French colonialism as a part of French Indochina during the first half of the twentieth century, Vietnamese anticolonialism was vehement, and different anticolonialists employed the language and ideas of constitutionalism to oppose the colonial government. One of them was Hồ Chí Minh, considered by many Vietnamese as the father and icon of the nation. A tremendously influential anticolonialist, he was enlightened with constitutionalist knowledge and employed key ideas of modern constitutionalism, namely a written constitution, the rule of law, popular sovereignty, and fundamental rights to struggle against French colonialism and to express such aspirations to a constitutional government in Vietnam. This study has implications for the trajectory of constitutionalism in contemporary Vietnam given the continuing influence of Hồ Chí Minh's constitutionalist discourse in the country nowadays. More generally, this study has implications for the relationship between constitutionalism and anticolonialism.

Imagining El Ser Argentino: Cultural Nationalism and Romantic Concepts of Nationhood In Early Twentieth-Century Argentina

2002 ◽  
Vol 34 (3) ◽  
pp. 625-658 ◽  
Author(s):  
JEAN H. DELANEY
Keyword(s):  
Twentieth Century ◽  
Cultural Nationalism ◽  
Popular Sovereignty ◽  
The Political ◽  
Late Nineteenth Century ◽  
Ethnic Nationalism ◽  
Early Twentieth Century ◽  
Political Implications ◽  
The Ideal ◽  
The Way

This article reexamines early twentieth-century Argentine cultural nationalism, arguing that the movement's true significance rests in its promotion of a vision of Argentine nationhood that closely resembled the ideal of the folk nation upheld by German romanticism. Drawing from recent theoretical literature on ethnic nationalism, the article examines the political implications of this movement and explores the way in which the vigorous promotion of the ethnocultural vision of argentinidad by cultural nationalists served to detach definitions of Argentine identity from constitutional foundations and from the ideas of citizenship and popular sovereignty. It also challenges the accepted view that Argentine cultural nationalism represented a radical break with late nineteenth-century positivism. Positivist ideas about social organicism, collective character and historical determinism all helped paved the way for the Romantic vision of nationhood celebrated by the cultural nationalists.

Pragmatism and Moral Knowledge

1998 ◽  
Vol 24 ◽  
pp. 227-252 ◽  
Author(s):  
David Bakhurst
Keyword(s):  
Twentieth Century ◽  
Moral Reasoning ◽  
Ethical Theory ◽  
Moral Imagination ◽  
Moral Values ◽  
Moral Knowledge ◽  
Moral Deliberation ◽  
The World ◽  
Moral Facts

In the last twenty years there has been a dramatic revival of interest in the idea that there can be genuine moral knowledge. The noncognitivist assumptions that dominated so much twentieth-century ethical theory no longer seem the obvious truths they once did to so many thinkers. It is now common to hear the claim that moral values are genuine constituents of the furniture of the world - or at least of its upholstery- and that moral deliberation and judgment legitimately aspire to truth. Morality, it is frequently argued, is a realm of discovery rather than invention, and moral reasoning, and the play of moral imagination, must be constrained by how the moral facts stand.Such “realist” or “cognitivist” views in ethics take many forms. This essay considers whether a pragmatist account of moral knowledge might fruitfully be developed. My project will recommend itself only to those who believe that pragmatist insights serve to support relatively robust conceptions of truth and justification.

War and Political Violence in Twentieth-Century Europe

2005 ◽  
Vol 14 (1) ◽  
pp. 107-123 ◽  
Author(s):  
IAN KERSHAW
Keyword(s):  
Twentieth Century ◽  
Political Culture ◽  
Political Violence ◽  
Large Scale ◽  
Popular Sovereignty ◽  
Mass Killing ◽  
State Legitimacy ◽  
Modern Warfare ◽  
Twentieth Century Europe

This article takes the obvious link between war and political violence in twentieth-century Europe to ask three questions. Did the cause of such a massive upsurge in violence have roots extending beyond the technologies of modern warfare? What shapes the relative propensity of states and societies towards violence? And what is specifically ‘modern’ (other than the technology of destruction) about mass killing in the twentieth century? It finds answers in the use of popular sovereignty to justify unprecedented ethnic conflict, in a mix of ingredients linked to political culture and contested state legitimacy, and in the role of bureaucracy and technology in the orchestration of large-scale and state-sponsored violence.

Some Polish Composers of To-Day

Tempo ◽  
1948 ◽  
pp. 25-28
Author(s):  
Andrzej Panufnik
Keyword(s):  
Twentieth Century ◽  
Fertile Soil ◽  
Early Twentieth Century ◽  
Progressive Group ◽  
Karol Szymanowski

It is ten years since KAROL SZYMANOWSKI died at fifty-four. He was the most prominent representative of the “radical progressive” group of early twentieth century composers, which we call “Young Poland.” In their manysided and pioneering efforts they prepared the fertile soil on which Poland's present day's music thrives.

V1214: Edward Loughborough Keyes: An Early Twentieth Century Leader In Urology

2004 ◽  
Vol 171 (4S) ◽  
pp. 320-320
Author(s):  
Peter J. Stahl ◽  
E. Darracott Vaughan ◽  
Edward S. Belt ◽  
David A. Bloom ◽  
Ann Arbor
Keyword(s):  
Twentieth Century ◽  
Early Twentieth Century
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