Establishing Judicial Review in China

2018 ◽  
pp. 170-188
Author(s):  
Qianfan Zhang
Keyword(s):  
Judicial Review ◽  
Final Part ◽  
The Political ◽  
State Action ◽  
The Third ◽  
Legal Context ◽  
Review Mechanism ◽  
Legislative Review

This chapter analyses China’s existing mechanism of reviewing the constitutionality and legality of legislations and its deficiencies. The first part of the chapter describes the Qi Yuling case and the failure to maintain and advance a judicial review mechanism in China. The second part discusses some of the constitutional cases, mostly on equality without reference to the Constitution. The third and fourth parts explore the political and legal context for the existing review mechanism, in which the role of the judiciary is minimized and the limitations that inhere in the legislative review mechanism. The final part discusses the theoretical and practical impediments at establishing judicial review in China, and proposes several reforms aimed at evolving a suitable mechanism for ensuring conformity of state action to China’s Constitution and the laws.

LANGUAGE, CULTURE, AND POWER IN GUILLEM DE TORROELLA’S LA FAULA

2021 ◽  
Vol 35 (1) ◽  
pp. 1-22
Author(s):  
JILL ROSS
Keyword(s):  
Fourteenth Century ◽  
Thirteenth Century ◽  
French Language ◽  
The Political ◽  
Cultural Appropriation ◽  
Cultural Hegemony ◽  
Language And Culture ◽  
The Third ◽  
Cultural Power

This article examines the role of French language and culture in the fourteenth-century Arthurian text, La Faula, by the Mallorcan, Guillem de Torroella. Reading the appropriation of French language and literary models through the lens of earlier thirteenth-century Occitan resistance to French political and cultural hegemony, La Faula’s use of French dialogue becomes significant in light of the political tensions in the third quarter of the fourteenth century that saw the conquest of the Kingdom of Mallorca by that of Catalonia-Aragon and the subsequent imposition of Catalano-Aragonese political and cultural power. La Faula’s clear intertextual debt to French literary models and its simultaneous ambivalence about the authority and reliability of those models makes French language into a space for the exploration of the dynamics of cultural appropriation and political accommodation that were constitutive of late fourteenth-century Mallorca.

The Role of Courts in Rifted Democracies

1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Judicial Review ◽  
Public Life ◽  
The Political ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
The Supreme Court ◽  
Harsh Criticism

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.

scholarly journals The Universal Factory

2019 ◽  
Vol 16 (2) ◽  
pp. 18-31
Author(s):  
Kevin Rogan
Keyword(s):  
Urban Design ◽  
Smart Cities ◽  
Data Networks ◽  
The Political ◽  
Political Issues ◽  
Critical Data ◽  
The Third ◽  
Material Reality ◽  
Vast Network

Critical data studies have made great strides in bringing together data analysts and urban design, providing an extensible concept which is useful in visualizing the role of local and planetary data networks. But in the light of the experience of Sidewalk Labs, critical data studies need a further push. As smart cities, algorithmic urbanisms, and sensorial regimes inch closer and closer to reality, critical data studies remain woefully blind to economic and political issues. Data remains undertheorized for its economic content as a commodity, and the political ramifications of the data assemblages remain locked in a proto-political schema of good and bad uses of this vast network of data collection, analysis, research, and organization. This paper attempts to subject critical data studies to a rigorous critique by deepening its relationship to the history thus far of Sidewalk Labs’ project in Quayside, Toronto. It is broken into sections. The first section discusses the material reality of Kitchin and Lauriault’s (2014) data assemblages and data landscapes. The second section investigates data itself and what its ‘inherent’ value means in an economic sense. The third section looks at the way the understanding of data promoted by the data assemblage effects smart city design. The fourth section examines the role of the designer in shepherding this vision, and moreover the data assemblage, into existence.

Politicians, Judges, and the Charter

2008 ◽  
Vol 21 (1) ◽  
pp. 227-238
Author(s):  
L.W. Sumner
Keyword(s):  
Judicial Review ◽  
Political System ◽  
Common Law ◽  
Recent Book ◽  
The Political ◽  
Court Decisions ◽  
Democratic Process ◽  
Political Views ◽  
Political Right

The complaint is a familiar one: unelected, politically unaccountable judges are using their powers of judicial review to subvert the democratic process by shaping public policy in accordance with their own personal moral/political views. It is tempting to dismiss this complaint as the grumbling of those, usually (though not invariably) on the political right, who have been disaffected by court decisions with which they personally disagree. But this temptation must be resisted, since the critics of judicial review, such as Jeremy Waldron, raise important issues about the role of judges in a democratic political system. In his recent book A Common Law Theory of Judicial Review, Wil Waluchow responds to the critics' arguments. This Critical Notice outlines his response and assesses its adequacy.

Ideological Change and an Emerging Counter-Culture in Tunisian Politics

1974 ◽  
Vol 12 (4) ◽  
pp. 543-568 ◽  
Author(s):  
John P. Entelis
Keyword(s):  
Political Development ◽  
Political System ◽  
Third World ◽  
Critical Role ◽  
The Political ◽  
The Third ◽  
Counter Culture ◽  
The Third World ◽  
Ideological Change

Tunisia A has long been regarded as a model of political development and stability in the Third World. There is no doubt that the charismatic Habib Bourguiba, the aging (71) yet indefatigable leader of an effective nation-wide party apparatus, has helped ensure Tunisia's development from the period of the pre-independence struggle until today. It is not unnatural, therefore, given the critical role of Bourguiba in the operation of the political system, to question the degree of institutionalisation, stability, modernity, and democracy that Tunisia could retain after the passing of its dynamic leader.

The National Consultative Council of Jordan: A Study in Legislative Development

1981 ◽  
Vol 13 (4) ◽  
pp. 427-439 ◽  
Author(s):  
Nabeel A. Khoury
Keyword(s):  
Political System ◽  
Third World ◽  
Political Process ◽  
Executive Branch ◽  
Developing Nations ◽  
The Political ◽  
The Third ◽  
Political Controversy ◽  
The Third World

Studies of legislatures in developing countries have to contend with a great deal of cynicism owing, in part, to a political controversy concerning the role of the legislative institution in the Third World. The executive branch, which is generally dominant in developing nations, often uses the legislature to legitimize executive actions. Legislators who agree to serve the executive in this fashion often exaggerate or misrepresent the importance of the legislature in their political system. Conversely, opposition groups, who are frequently excluded from the political process in Third World countries, denigrate the role of legislatures and often exaggerate their ineffectiveness. Scholars have mostly ingnored the role of legislatures in the process of development.

Juristocracy vs. Theocracy: Constitutional Courts and the Containment of Sacred Law

2009 ◽  
Vol 1 (2) ◽  
pp. 129-165 ◽  
Author(s):  
Ran Hirschl
Keyword(s):  
Judicial Review ◽  
Constitutional Law ◽  
The Political ◽  
Political Movements ◽  
Social Forces ◽  
Constitutional Courts ◽  
Law And Courts ◽  
Political Interests ◽  
Formal Recognition

AbstractOne of the fascinating yet seldom explored phenomena in predominantly religious polities in the Middle East and elsewhere is the growing reliance on constitutional courts and their jurisprudential ingenuity to contain the spread of religiosity or advance a pragmatic version of it. In this article, I explore the scope and nature of this phenomenon. I proceed in several main steps. First, I define what may be termed "constitutional theocracy" with its often conflicting legal commitments, political interests, and social realities. Second, I examine the main epistemological, juridical and political reasons why constitutional law and courts are so appealing to secularist, modernist, cosmopolitan, and other non-religious social forces in polities facing deep divisions along secular/religious lines. Third, I look at various modes of interpretive ingenuity drawn upon by constitutional courts in Egypt, Pakistan, Israel, and Turkey in order to contain, limit, and mitigate the resurgence of religiosity in their respective polities. All of these countries have experienced a growth in the influence of religious political movements, with a commensurate increase in the levels of popular support that they receive. Despite the considerable differences in these countries' formal recognition of, and commitment to, religious values, there are, however, some striking parallels in the way that the constitutional courts in these (and in other similarly situated countries) have positioned themselves as important secularizing forces within their respective societies. I conclude by drawing some general lessons concerning the political construction of judicial review and the secularizing role of constitutional courts in an increasingly religious world.

Sir Simonds D'Ewes and the levying of ship money, 1635–1640

1994 ◽  
Vol 37 (2) ◽  
pp. 253-287 ◽  
Author(s):  
S. P. Salt
Keyword(s):  
Political Action ◽  
The Political ◽  
Political Situation ◽  
Political Role ◽  
The Third ◽  
The Relationship

ABSTRACTThis paper investigates the relationship between constitutional ideas and political action during the 1630s by comparing the privately expressed ideas of Sir Simonds D'Ewes regarding ship money with his conduct regarding the levy, especially while he was sheriff of Suffolk in 1639–40. The first section investigates the constitutionalist views expressed in D'Ewes's ‘autobiography’, unpublished during his lifetime, and their relationship to D'Ewes's attitude to the political role of the levy. The second section studies D'Ewes's conduct as sheriff, in which he gave almost no expression to constitutionalist ideas, and suggests that he struck a middle course between neglect and zeal, while finding means to oppose the levy through his connections at court. The third section seeks to establish the reasons for the inconsistencies between D'Ewes's privately expressed ideas and his public conduct, which may have lain in a belief that, in the prevailing political situation, criticism of the levy had, in order to be effective, to be expressed in terms acceptable to potentially sympathetic courtiers; D'Ewes adapted the tone of his comments on ship money to his audience in order to achieve political ends, but had also to act in ways which would make that tone convincing. Participation in the collection of ship money was therefore not inconsistent with opposition to it.

scholarly journals British occupation of Iraq study in its political development (1917- 1927)

2018 ◽  
Vol 222 (1) ◽  
pp. 253-268
Author(s):  
Dr. Mohamed Abdullah Kaka Sur
Keyword(s):  
Ottoman Empire ◽  
Political Development ◽  
The Political ◽  
The West ◽  
The Third ◽  
British Occupation ◽  
Historical Factors ◽  
Historical Importance ◽  
History Of

Occupation of Britain has had a significant impact on the history of Iraq. Even after the establishment of the Iraqi state in 1921 and the effects of this occupation existed. On this basis, one of the historians used the term Iraq - British royal rule in the period. So, important to know what are the historical factors which led to Britain occupy Iraq, beyond the historical trend of the state and the fundamental changes which led to the establishment of the Iraqi state. In this study, entitled (the historical reasons for the occupation of Iraq, Britain to study the political development between the years 1917 to 1920). Which ensures the number of vertical axes, the first axis looking for strategic importance of Iraq and the situation in Iraq under the leadership of the Ottoman Empire. The second axis tells Britain's occupation of Iraq, the third axis either looking for agreements made between Iraq and Britain the first, second and third.The fourth axis looking for challenging the Iraqis against the British occupation and private revolted in 1920, including the role of the Kurds in this revolution. In fact, with the reasons for strategic and economic, historical factors have had an important role in the occupation of Iraq with the causes and factors which mentioned were overlapping, Baghdad was the capital of Iraq through the stories of One Thousand and One Nights was written in the West and known Babylon was one of the oldest cities, which have been mentioned in Holy book by the West, so intertwined historical importance Wares in the cause of Britain's occupation of Iraq

scholarly journals Legal-Political Paradigm of Indonesian Constitutional Court: Defending a Principled Instrumentalist Court

2020 ◽  
Vol 6 (1) ◽  
pp. 36
Author(s):  
Mirza Satria Buana
Keyword(s):  
Judicial Review ◽  
Review Process ◽  
The Political ◽  
Constitutional Court ◽  
Court Decisions ◽  
Main Argument ◽  
Policy Decisions ◽  
Political Arena ◽  
History Of

The establishment of the Indonesian Constitutional Court in 2003 signified the formation of a bridge between the judiciary and politics. Through its judicial review process, there is a more tangible presence of the judiciary and court in the political arena. The Court helps with addressing moral predicaments and influencing the products of the legislature. This paper discusses the shifting of the legal-politico paradigm, particularly relating to judicial leadership of the Court because this significantly affects the role of the Court in the political arena. The history of the establishment of the Court’s authority in judicial review is explored through a stylised analysis of the actions of two early Chief Justices. This paper also examines two Court decisions which illustrated the Court’s authority on judicial review because they demonstrated the importance of policy-driven decisions and judicial restraint. The main argument of this work is that it is hard to categorize the legal-politico actions of the Indonesian Court into either legalism or instrumentalism. Often, the Court synthesises the two. The legal-politico paradigm is a dynamic one. The most feasible model of the Indonesian Constitutional Court is that of a Principled Instrumentalist Court, where policy decisions guide the formation of legislation according to constitutional values, but the judges maintain prudential self-restraint.

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