Relinquishing Eternity

2021 ◽  
pp. 234-263
Author(s):  
Silvia Suteu
Keyword(s):  
Case Studies ◽  
Basic Structure ◽  
Constitutional Amendment ◽  
Constitutional Change ◽  
Judicial Interpretation ◽  
Constitutional Adjudication ◽  
The Impact ◽  
Constitutional Revision

This chapter investigates the possibility of repealing eternity clauses and renouncing doctrines of implicit unamendability. It looks at two case studies from Turkey and India, where backtracking from an eternity clause and basic structure doctrine were debated and ultimately rejected. It also explores the possibility of placing judicial doctrines of unamendability on formal constitutional footing and discusses the impact of this move on constitutional adjudication. This chapter examines the distinctions upon which unamendability repeal rests, such as between constitutional amendment and constitutional revision, between formal and informal amendments, and between amendment and revolution. It shows how pushing back against unamendability is very difficult through formal constitutional change and unlikely through judicial interpretation.

scholarly journals The Impact of Abusive Constitutionalism on Democracy in Pakistan

2020 ◽  
Vol V (I) ◽  
pp. 46-54
Author(s):  
Husnul Amin ◽  
Shafiq Qurban ◽  
Maryam Siddiqa
Keyword(s):  
Civil Liberties ◽  
Fundamental Rights ◽  
Constitutional Amendment ◽  
Specific Reference ◽  
Constitutional Change ◽  
Constitutional Development ◽  
The World ◽  
Key Policy ◽  
Democratic Rule ◽  
The Impact

This research concerns the constitutional development in Pakistan with a specific reference to 21st Amendment to the Constitution of Pakistan. It is widely perceived among scholarly and semi-scholarly circles that the tendency of militarys direct intervention in politics; toppling democratically elected government has been declined for the last many decades across the world. According to the new trends, military interferes in the state affairs through indirect means. One of the indirect means includes abusive constitutionalism that involves constitutional amendment and constitutional replacement as mechanisms for constitutional change. The paper explores whether 21st Amendment to Constitution of Pakistan was an abusive constitutionalism that really empowered military to get a strong hold on key policy making areas of national interest during the democratic rule. The research concludes that the 21st Amendment was an abusive constitutionalism as it curtailed civil liberties and fundamental rights of the citizens and hence undermined democracy in Pakistan.

scholarly journals Florida's Property Tax Reform: Local Government Impacts of the Proposed Constitutional Change

EDIS ◽  
2008 ◽  
Vol 2008 (1) ◽  
Author(s):  
Rodney L. Clouser
Keyword(s):  
Local Government ◽  
Tax Reform ◽  
Property Tax ◽  
Resource Economics ◽  
The State ◽  
Constitutional Amendment ◽  
Constitutional Change ◽  
Fact Sheet ◽  
The Impact

FE707, a 7-page fact sheet by Rodney L. Clouser, is part of the Florida’s Property Tax Reform series. It reports changes in the estimated cost of the proposed constitutional amendment and informs about the impact of proposed changes to the Florida Constitution that will be voted on by the state citizens on January 29, 2008. Includes references. Published by the UF Department of Food and Resource Economics, January 2008.

Eternity Clauses in Democratic Constitutionalism

2021 ◽  
Author(s):  
Silvia Suteu
Keyword(s):  
Case Studies ◽  
Constitutional Amendment ◽  
Constitutional Change ◽  
Contextual Approach ◽  
Constitutional Democracy

This book makes a critical contribution to the growing literature on constitutional unamendability, as well as to the broader scholarship in the field of comparative constitutional change. It represents a unique analysis of unamendability in democratic constitutionalism that engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. This book takes seriously the democratic challenge that eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. It adopts a contextual approach that allows for more nuanced understandings of constitutional amendment rules and substantive limits on amendments. It also looks beyond the usual suspects typically discussed in this literature and brings to the fore a variety of case studies from non-traditional jurisdictions. Together, these insights illuminate the prospects of unamendability fulfilling its main intended aim, that of protecting constitutional democracy.

The Role of Threat and Economic Uncertainty in Support for Scottish Independence

2014 ◽  
Vol 23 (1) ◽  
pp. 103-124 ◽  
Author(s):  
Daniel Kopasker
Keyword(s):  
Economic Consequences ◽  
Perceived Threat ◽  
Constitutional Change ◽  
Lack Of Information ◽  
Economic Expectations ◽  
Scottish Independence ◽  
The Individual ◽  
The Impact ◽  
Levels Of Support

Existing research has consistently shown that perceptions of the potential economic consequences of Scottish independence are vital to levels of support for constitutional change. This paper attempts to investigate the mechanism by which expectations of the economic consequences of independence are formed. A hypothesised causal micro-level mechanism is tested that relates constitutional preferences to the existing skill investments of the individual. Evidence is presented that larger skill investments are associated with a greater likelihood of perceiving economic threats from independence. Additionally, greater perceived threat results in lower support for independence. The impact of uncertainty on both positive and negative economic expectations is also examined. While uncertainty has little effect on negative expectations, it significantly reduces the likelihood of those with positive expectations supporting independence. Overall, it appears that a general economy-wide threat is most significant, and it is conjectured that this stems a lack of information on macroeconomic governance credentials.

Navigating the New Retail Landscape

2020 ◽  
Author(s):  
Alan Treadgold ◽  
Jonathan Reynolds
Keyword(s):  
Case Studies ◽  
Business Models ◽  
Retail Industry ◽  
Drivers Of Change ◽  
Economic Crises ◽  
Global Pandemic ◽  
Personal Leadership ◽  
Practical Guidance ◽  
The Impact ◽  
Rapid Emergence

The retail industry globally is in an era of profound, perhaps unprecedented, change, change which has been further accelerated for many by the impact of the COVID-19 global pandemic and its attendant health and economic crises. This book is intended to serve as a wide-ranging, robust, practical guide to leaders of enterprises tasked with understanding and delivering success in the new landscape of retailing. Part 1 describes the major directions and drivers of change that define the new global landscape of retailing. Accelerating changes in technology, the rise to prominence globally of internet enabled shoppers and the rapid emergence of entirely new retail enterprises and business models are combining to re-shape the very fundamentals of the retail industry. The new landscape of retailing is unforgiving: success can be achieved more quickly than ever before but failure is equally rapid. Opportunities in the new landscape of retailing are profound, but so too are the challenges. Part 2 discusses the structures, skills and capabilities that retail enterprises will need to be successful in this new landscape and the skills and capabilities required of the leaders of retail enterprises. More than 25 detailed case studies of innovative, successful enterprises internationally and more than one hundred smaller examples, all updated and many new since the first edition, are used to illustrate the themes discussed. Frameworks are presented to provide practical guidance for enterprise leaders to understand and contextualize the nature of change re-shaping retail landscapes globally. Clear guidance is given of the capabilities, skills and perspectives needed at both an enterprise and personal leadership level to deliver success in the new landscape of retailing.

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