Constitutional reform calls mount across Latin America

Significance The debate over constitutional reform will be enlivened by the upcoming election of a constituent convention in Chile on the same day as the Peruvian elections. Impacts Constitutional change may become a banner for the left elsewhere in Latin America. Future constitutional reforms may reconsider the status of indigenous communities in the Amazon. Workers’ rights, include labour stability, may be strengthened.

Author(s):  
Ewa K. Strzelecka ◽  
María Angustias Parejo

This chapter analyses the constitutional reform processes that have taken place in the MENA countries since the social uprisings in 2011. The purpose of this study is to examine and compare the constitutional reform processes in order to offer key insights into these processes and to propose a typology of the dynamics of constitutional reform, and its scope in the MENA region. The aspects for analysis include procedures, consensus and dissent during the course of the constitutional process, and the content of the constitutional reforms. The emphasis is placed on the most important elements of the processes of constitutional change and of the content of the new constitutions, while paying particular attention to aspects related with the power of heads of state, the most frequently-debated reforms and the advancement of gender equality and women’s rights. The authors conclude that constitutional processes are relevant, but not determinant for democratic change, with the exception of Tunisia. The scope of the constitutional amendments has been limited and has perpetuated the dominance of the authoritarian rulers. Many of the constitutional reforms after the Arab Spring have been the product of strategies for survival by the respective regimes and were promoted ‘top-down’ through a process that, in many countries, excluded the revolutionary movements and opposition groups that were not loyal to the regime.


Significance Renzi's government will fight two existential battles in the coming weeks: winning the constitutional reform referendum on December 4, and obtaining from the Commission the necessary fiscal flexibility to implement the 2017 budget and avoid an excessive deficit procedure. Impacts A resignation by Renzi would probably lead to political chaos as there is no obvious alternative to him. Renzi's PD is divided over the proposed constitutional reforms and may split in case of a 'no' vote in the referendum. Forming a national unity or technocratic government in case of a 'no' vote may be impossible owing to M5S's unwillingness to compromise. The centre-right is fragmented and no political leader is emerging to fill the void left by former Prime Minister Silvio Berlusconi.


Significance In April, both Honduras and the Dominican Republic moved to introduce constitutional reforms that would allow presidential re-election. This is controversial in both countries but particularly so in Honduras, where a similar proposal in 2009 led to a military coup and a prolonged period of diplomatic isolation. Impacts Political attention in Honduras is now set to focus on constitutional reform, potentially undermining efforts to crack down on violence. Opposition to the reform may bring protests and strikes in Honduras, weighing on business productivity. In the Dominican Republic, the reform would allow incumbent President Danilo Medina to run again when his term finishes in 2016.


2019 ◽  
Vol 9 (4) ◽  
pp. 333-351 ◽  
Author(s):  
Alejandro Barragán-Ocaña ◽  
Gerardo Reyes-Ruiz ◽  
Samuel Olmos-Peña ◽  
Hortensia Gómez-Viquez

Purpose Transgenic crops have been increasingly adopted, produced and commercialized throughout the world. Correspondingly, the management of intellectual property rights concerning transgenic crops has gained importance. In this context, it is necessary to understand the status quo of transgenic crop production, especially in developing countries. The purpose of this paper is to provide a general scenario of transgenic crops and their growth around the world, especially in Latin America. Design/methodology/approach A literature review was carried out to determine the status of intellectual property protection, production and commercialization of transgenic crops. Findings Opinions concerning the risks and benefits of adopting transgenics are markedly divided. Its presence in the agricultural sector has undoubtedly taken a firm hold in different parts of the world. Nevertheless, there are some areas of the international transgenics industry that need further and ongoing discussion and assessment, such as biosafety, intellectual property, regulation and legislation, among others. Additionally, in developing countries, and especially in the case of Latin America, other relevant issues to be addressed are associated with the conservation of local plant varieties and the preservation of cultural values, as well as the development of endogenous technology to solve local problems and the integration of farmers and the society at large and their interests into the discussion. Research limitations/implications The most significant limitation of the present study was the lack of available data. Future studies using larger data sets will allow for more robust statistical analyses. Additionally, country-specific studies focused on the most important crops, those that each country grows intensively, are necessary for a better insight into the global dynamics of the sector; these studies must stress the intellectual property mechanisms used and address biosafety and regulatory issues, among other areas. Originality/value The present study represents a starting point for establishing schemes to facilitate the proper development and management of transgenic technology based on regional interests and the guiding principles of ethics and biosecurity.


2019 ◽  
Vol 14 (2) ◽  
pp. 245-278
Author(s):  
Jeroen VAN BEKHOVEN

AbstractWhen an authoritarian state starts democratic transition reforms, the constitution can facilitate such reforms. However, a little-studied role of the constitution during democratic transition is that it can back indigenous peoples’ demands. Constitutional reform during democratic transition enables indigenous peoples to challenge the state's ‘internal colonialism’. The democratic institutions and democratic rights established and guaranteed by the constitution open possibilities for indigenous peoples to push for constitutional reforms that promote ‘internal decolonization’. This means that indigenous peoples are empowered and that their interests are protected. For indigenous peoples, a ‘double transition’ can thus take place: from authoritarianism to democracy, and from internal colonialism to internal decolonization. A case study of the constitutional reforms in Taiwan confirms that the constitution can guarantee indigenous peoples’ participation in constitutional reform. But in Taiwan, this involvement has not led to meaningful incorporation of indigenous peoples in the constitution, and it has not fully promoted double transition. The case study highlights serious problems for indigenous peoples to realize strong constitutional reforms. This article provides a foundation for additional research on constitutional change and indigenous peoples. This is critical to advance constitutional theory and to ascertain whether and how constitutions can give indigenous peoples a voice.


2010 ◽  
Vol 7 (1) ◽  
Author(s):  
Eyene Okpanachi ◽  
Ali Garba

In comparison with established democracies Nigeria is a highly populated and ethnic fragmented state. Therefore after colonial rule and independence a federal constitutional structure was supposed to bring the processes for conflict resolution between the ethnic groups. In 1960 Nigeria started as a highly decentralised state and went through important changes until 1999 towards greater centralisation which found its culmination in regular military governments and open conflicts. Until 1999 each constitution promulgated by the military was considered as a step towards the transition to democracy. After the constitution making process, political actors aspired to constitutional reforms in a democratic way. Those attempts at mega constitutional change were not successful, which lead to military coups once again. This paper traces back mega-constitutional change in Nigeria between 1999 until 2007. After a brief introduction the paper proceeds with the foundations of federalism and constitution making in Nigeria. The following three paragraphs deal with the politics of constitutional change in Nigeria from 1999 until 2007. The final part of the paper compares the failure of Nigerian constitutional reforms with the case of Canada. As in the Canadian case, sub constitutional change in Nigeria is presented as a possible answer to demands of reform, instead of mega-constitutional reform.


2021 ◽  
Vol 6 (1) ◽  
pp. 1-5
Author(s):  
William E. Pomeranz ◽  
Regina Smyth

Abstract The articles in this issue explore the longer-term implications of Russia’s 2020 Constitutional Reform process. Assessing constitutional change from different theoretical and empirical approaches, these authors find that the constitution largely codified the status-quo as it had evolved over the past decade. The resulting institutional changes solidified the personalist political system that concentrates power in one leader. These reforms also created new mechanisms to preclude elite defection and generate societal quiescence. At the same time, the three-staged reform process that included formal adoption, national vote, and legal reconciliation, introduced new political risk by raising societal expectations, reinforcing cleavages through patriotic legitimization strategies, introducing new rigid structures, and relying on personalism and networks over institutional governance. These risks do not predict state failure but they suggest new challenges that will continue to shape Russian political development.


Author(s):  
Талия Хабриева ◽  
Taliya Khabriyeva ◽  
Людмила Андриченко ◽  
Lyudmila Andrichyenko

The article is devoted to the analysis of the main results of the constitutional reform implemented in the Republic of Kazakhstan in March 2017. The main stages of the constitutional reform, which testify to a clear organizational support for its conduct, are analyzed. The scale of the constitutional changes in the Republic, which affected the basic institutions of state and society development: the foundations of the constitutional system, the rights and freedoms of man and citizen, citizenship, the system of public authorities and local self-government, including the status of the President of the Republic. At the same time, constitutional reforms not only preserved, but also strengthened such elements of the inviolability of the state as independence, unitarity, territorial integrity and republican form of government. The result of the reform was the democratic modernization of the presidential republic by enhancing the role of Parliament, strengthening the independence of the Government, while at the same time expanding the mechanisms of its accountability and control over Parliament. A significant innovation was the refusal of the President of the Republic in favor of the Parliament from his legislative powers, which makes the Parliament of the Republic of Kazakhstan the only legislative and supreme representative body of the Republic. In addition, there are significant changes in the institution of citizenship, as well as the organization of local government. It is emphasized that the past constitutional changes are of the nature of evolutionary changes; they do not carry any radical measures, but continue the logic of previous constitutional reforms in the country. The constitutional reform carried out in the country is not limited to the constitutional text itself; today it is confirmed by significant changes in the legislation of the Republic of Kazakhstan, including a number of constitutional laws, will affect the level of subordinate regulation, and lead to the formation of new law enforcement practice in the country.


Subject Successes in hunger reduction in Latin America. Significance Although a number of regions have achieved the Millennium Development Goal (MDG) target of halving the percentage of their population suffering from hunger by 2015, Latin America and the Caribbean (LAC) is, according to the UN Food and Agriculture Organization (FAO), the first region also to achieve the more ambitious World Food Summit target of halving their absolute number. Impacts While ongoing efforts will be required to reduce hunger, obesity has also become an important public health problem in many LAC countries. A recent increase in extreme poverty in LAC suggests that reduction of hunger may slow. As hunger drops and concentrates in pockets, such as indigenous communities, ever more closely targeted policies will be required.


Subject The government of President Juan Orlando Hernandez faces major challenges. Significance Pressure has been growing on President Juan Orlando Hernandez as a result of a corruption scandal and potential constitutional reform. Even if he is not forced to accede to calls for his resignation, political weakness may force him to make deals with his opponents. Impacts Continuing protests over corruption will erode the legitimacy of the government. The government will appear increasingly open to the possibility of an international anti-corruption body. Constitutional reforms offer potential for deals to be struck across the political spectrum.


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