Judicial Politics

2020 ◽  
pp. 257-275
Author(s):  
Nuno Garoupa ◽  
Pedro C. Magalhães
Keyword(s):  
Policy Making ◽  
Institutional Design ◽  
Central Government ◽  
Judicial Politics ◽  
Comparative Perspective ◽  
Constitutional Court ◽  
Political Actors ◽  
Empirical Perspective ◽  
Points Of View

In this chapter, we discuss the judicial politics within the Spanish Constitutional Court from three main points of view. First, we discuss the origins and institutional design of the Court from a comparative perspective. Second, by making use of the standard approaches (attitudinal, strategic and legalist models of judicial behaviour), we examine the extent to which and the different ways in which political actors and other agents have engaged with the Court and what this has meant for its role in Spanish politics and policy-making. Finally, we focus on judicial behaviour in the Court, both from a comparative and an empirical perspective, and with a particular emphasis on the Court’s role in the allocation of powers and competencies between the central government and the ‘comunidades autónomas’.

scholarly journals HARMONISASI PERATURAN DAERAH KABUPATEN/KOTA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 137/PUU-XIII/2015

2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Muhammad Roqib
Keyword(s):  
Local Government ◽  
Supreme Court ◽  
Judicial Review ◽  
Central Government ◽  
Research Result ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Review Mechanism ◽  
Points Of View

Constitutional Court has issued Verdict No. 137/PUU-XIII/2015 about withdrawing the Governor’s authority in cancelling regency/city regulation. The Constitutional Court has tested Article No. 251 (2), (3), (4), and (8) on the Constitution No. 23 of 2014 about Local Government. By this verdict, the only way to issue the cancellation of the regency/city regulation is through judicial review mechanism of Supreme Court (MA). Only after the Governor’s authority in cancelling the regency/city regulation has been  revoked, a problem appears in how to ensure the harmonization between the regency/city regulation and another regulation. This research uses statute approach, examining all of the constitutions with examined law issues and conceptual approach which starts from points of view and developing doctrines in science of law. Based on this research result, it is discovered that during the implementation of the Verdict of the Constutional Court No. 137/PUU-XIII/2015 did not deprive the control of central government towards local government, including the establishment of regency/city regulation. Governor as representative of central government in the region was given an authority to supervise preventively towards the establishment of regency/city regulation. By maximum preventive supervision, it would harmonize between regency/city regulation and another constitutional regulation.

Eugenics and the State: Policy-Making in Comparative Perspective

2012 ◽  
Author(s):  
Véronique Mottier
Keyword(s):  
Policy Making ◽  
Institutional Design ◽  
The United States ◽  
The State ◽  
Comparative Perspective ◽  
Right Wing ◽  
Political Ideologies ◽  
The United Kingdom ◽  
Political Spectrum ◽  
The Impact

This article proposes to shift the focus from eugenic science to its translation into concrete policy practices, adopting a comparative perspective. It draws on examples of eugenic policy-making in the United States, the United Kingdom, Switzerland, Sweden, and Germany to explore the relation between eugenic science and the state, examining the impact of different state formations on cross-national variations in the political trajectories of eugenics. Eugenic movements were thus able to exert important influence on these states' policy-making apparatuses. This article also discusses the affect of specific institutional design on the ways in which eugenic policies are implemented. It also deals with political spectrum of eugenics and tends to amalgamate eugenics with conservative and extreme right-wing political ideologies.

New and established mayoralties: lessons for local governance in constructing new political institutions – the English and Polish cases

2017 ◽  
Author(s):  
Colin Copus ◽  
Alasdair Blair ◽  
Katarzyna Szmigiel-Rawska ◽  
Michael Dadd
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Political Institutions ◽  
Institutional Design ◽  
Central Government ◽  
Local Politics ◽  
Local Governance ◽  
Political Actors ◽  
Local Political Institutions ◽  
Institutional Architecture

Reforming local government is a policy tool of central government when faced with local, national and international pressures for change and this is no more so than in times of political, social and economic crisis. The re-design of the institutional architecture of local political decision-making is therefore driven as much by the needs of the centre as by the needs of the localities, with a series of arguments for change propagated by the centre that reflects a set of central policy preferences. Once the shape, size, decision-making process, functions, purpose and tasks of local government are re-designed at the macro level, local political actors are the faced with opportunities for micro-level re-engineering of the systems bequeathed by the centre. The chapter employs the findings of separate research conducted among political leaders in England and Poland to explore how institutional design by central government, aimed at solving one set of policy problems, can energise further local re-design of local political institutions. Central government re-design of local politics can create a pattern of unfinished business which leads to further central interference in the architecture of local politics.

From Market Studies to Society Analysis

2005 ◽  
pp. 63-81
Author(s):  
Ya. Kouzminov ◽  
K. Bendoukidze ◽  
M. Yudkevich
Keyword(s):  
Institutional Theory ◽  
Policy Making ◽  
Institutional Design ◽  
The Real ◽  
Economic Agents

The article examines the main concepts of modern institutional theory and the ways its tools and concepts could be applied in the real policy-making. In particular, the authors focus on behavioral assumptions of the theory that allow them to explain the imperfection of economic agents’ behavior as a reason for rules and institutions to emerge. Problems of institutional design are also discussed.

Shaping Presidential Powers in Hungary: Convention, Tradition and Informal Constitutional Amendments

2021 ◽  
Vol 46 (3-4) ◽  
pp. 307-320
Author(s):  
Attila Vincze
Keyword(s):  
Constitutional Court ◽  
Constitutional Change ◽  
Exact Role ◽  
Present Contribution ◽  
Constitutional Amendments ◽  
Political Actors ◽  
Fundamental Law ◽  
Constitutional System ◽  
Presidential Systems ◽  
Judicial Interpretations

Abstract There was no tradition of a republican president in Hungary before the fall of communism, and the transitory constitution of 1989 was unclear about the exact role the President should play in the constitutional system of Hungary. Some provisions even resembled those of presidential or semi-presidential systems; some ambiguities were clarified during the first two decades after the transition. Conventions, however, were established to some extent and sometimes very quickly. This period gave rise to guidelines as to how the powers of the President should be exercised. Some other powers were concretized and interpreted foremost by the Constitutional Court. These conventions and judicial interpretations formed the character of the Presidency to the extent of informal constitutional change. Some of these elements have even been incorporated into and formalized by the new Fundamental Law of Hungary. The present contribution will point out how the originally broad competencies of the President have been narrowed in the practice, and what role the Constitutional Court and political actors played in this process.

scholarly journals Yudisialisasi Politik dan Sikap Menahan Diri: Peran Mahkamah Konstitusi dalam Menguji Undang-Undang

2016 ◽  
Vol 12 (3) ◽  
pp. 473
Author(s):  
Bisariyadi Bisariyadi
Keyword(s):  
Policy Making ◽  
Constitutional Court ◽  
Theoretical Justification ◽  
Policy Makers ◽  
Aggressive Approach ◽  
Legal Policy ◽  
State Institutions ◽  
Law And Policy ◽  
Executive Discretion ◽  
Judicialization Of Politics

In a review of the constitutionality of law or policy, the Constitutional Court can take an aggressive approach or choose to take self-restraint. Theoretical justification on the Court to change or made policy derived from the judicialization of politics. Global phenomenon indicates the shift of policy-making authority towards the judiciary. Consequently, policy makers shows resistence. Such conditions forced the Court to use a number of strategies to reduce political tensions between state institutions while at the same time the Court still protect the rights of citizens. The Court uses self-restraint approach to examine policies which in realm of legislative or executive discretion. This approach is referred to by the Court as an “open(ed) legal policy”. This study elaborates on the actions carried out by the Indonesian Constitutional Court to test the constitutionality of law or policy, both in the application of the judicialization of politics nor in the judicial restraint approach. In reality, the Court uses both of these approaches on review the constitutionality of law and  policy.

scholarly journals Inclusive Universities in a Globalized World

2021 ◽  
Vol 9 (3) ◽  
pp. 1-5
Author(s):  
Liudvika Leišytė ◽  
Rosemary Deem ◽  
Charikleia Tzanakou
Keyword(s):  
Policy Making ◽  
Social Inclusion ◽  
Thematic Issue ◽  
Agents Of Change ◽  
Multi Level ◽  
Points Of View ◽  
Cross Country ◽  
Theoretical Thinking ◽  
Globalized World ◽  
Country Specific

This thematic issue of Social Inclusion focuses on universities as inclusive organisations in a variety of different countries and higher education (HE) systems. It explores how these institutions aim, succeed or fail to become inclusive organisations, what policies and processes help achieve these goals and how academics and students can become agents of change through inclusive teaching and research cultures. The contributions in this thematic issue point to the multi‐level as well as multi‐faceted challenges and characteristics of inclusion in HE in general and in universities in particular, based on both student and academic points of view. They offer innovative conceptual ways of thinking as well as measuring inclusion. Further, they point out the importance of context in understanding the challenges of achieving equality and inclusion in universities through country‐specific as well as cross‐country comparisons of various aspects of diversity and inclusivity. We hope this thematic issue will inspire theoretical thinking, support practitioners and encourage policy‐making about more responsible ways of defining and fostering inclusive universities in a globalised world.

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