Temporal Limits on the Legislative Mandate: Entrenchment and Retroactivity

1987 ◽  
Vol 12 (2-3) ◽  
pp. 381-459 ◽  
Author(s):  
Julian N. Eule
Keyword(s):  
Temporal Relationship ◽  
Constitutional Amendment ◽  
Diverse Group ◽  
Common Theme ◽  
Delegation Of Authority ◽  
The People ◽  
Shed Light

According to the general wisdom, legislatures lack both the power to “entrench” their enactments against alteration by their successors and the power to “retroactively” undo the efforts of their predecessors. The author argues that, rather than being in conflict, these principles share a common theme. Legislatures operate as agents of the people under constitutionally defined mandates that are limited in time as well as scope. Actions that transcend—either forward or backward in time—the temporal delegation of authority conferred by periodic elections do not bind the electorate. In the first half of the article the author suggests that an understanding of the rationale behind the entrenchment prohibition can help shed light on a diverse group of issues including congressional power to prescribe internal rules of operation, constitutional amendment procedures, and legislative impairment of contracts. In the second half of the article the author takes issue with the traditional objection to retroactivity grounded on vested rights and unfulfilled expectations. In its place he proposes a theory of retroactivity embodied in republican principles concerning the temporal relationship between the people and their legislative agents.

Indian Genocide – A Study Through The Works of Elizabeth Cook-Lynn

2018 ◽  
Vol 6 (9) ◽  
pp. 5
Author(s):  
Poonam Chourey
Keyword(s):  
Native American ◽  
Native Americans ◽  
South Dakota ◽  
Native People ◽  
The South ◽  
The People ◽  
Freedom Fighters ◽  
Purpose Of Business ◽  
Wounded Knee ◽  
Shed Light

The research expounded the turmoil, uproar, anguish, pain, and agony faced by native Indians and Native Americans in the South Dakota region.  To explain the grief, pain and lamentation, this research studies the works of Elizabeth Cook-Lyn.  She laments for the people who died and also survived in the Wounded Knee Massacre.  The people at that time went through huge exploitation and tolerated the cruelty of American Federal government. This research brings out the unchangeable scenario of the Native Americans and Native Indians.  Mr. Padmanaban shed light on the works of Elizabeth Cook-Lynn who was activist.  Mr. Padmanaban is very influenced with Elizabeth Cook-Lynn’s thoughts and works. She hails from Sioux Community, a Native American.  She was an outstanding and exceptional scholar.  She experienced the agony and pain faced by the native people.  The researcher, Mr. Padmanaban is concerned the sufferings, agony, pain faced by the South Dakota people at that time.  The researcher also is acknowledging the Indian freedom fighters who got India independence after over 200 years of sufferings.  The foreign nationals entered our country with the sole purpose of business.  Slowly and steadily the took over the reign of the country and ruled us for years, made all of us suffer a lot.

scholarly journals The Role of Superstition in Twain’s The Adventures of Huckleberry Finn and Shakespeare’s Macbeth: A Comparative Study

2016 ◽  
Vol 6 (1) ◽  
pp. 37
Author(s):  
Jamal Subhi Ismail Nafi’
Keyword(s):  
Comparative Study ◽  
Social Factors ◽  
Religious Beliefs ◽  
Adventures Of Huckleberry Finn ◽  
The Past ◽  
The People ◽  
The Universe ◽  
Shed Light ◽  
Huckleberry Finn

<p>This article is an attempt to explore the inclusion and the use of superstitious elements in Mark Twain’s novel <em>The Adventures of Huckleberry Finn</em> (1884) and Shakespeare’s play <em>Macbeth</em> (1611). Superstition involves a deep belief in the magic and the occult, to almost to an extent of obsession, which is contrary to realism. Through the analytical and psychological approaches, this paper tries to shed light on Twain’s and Shakespeare’s use of supernaturalism in their respective stories, and the extent the main characters are influenced by it. A glance at both stories reveals that characters are highly affected by superstitions, more than they are influenced by their religious beliefs, or other social factors and values. The researcher also tries to explore the role played by superstition, represented by fate and the supernatural in determining the course of actions characters undertake in both dramas. The paper concluded that the people who lived in the past were superstitious to an extent of letting magic, omens; signs, etc. affect and determine their lives; actions and future decisions. They determine their destiny and make it very difficult for them to avoid it, alter it or think rationally and independently. And that, man’s actions are not isolated, but closely connected to the various forces operating in the universe.</p>

scholarly journals Graffiti, stempels en tituli picti op amforen

1970 ◽  
Vol 60 ◽  
pp. 101-129
Author(s):  
Patrick Monsieur
Keyword(s):  
Olive Oil ◽  
The South ◽  
Low Countries ◽  
Ancient Economy ◽  
The North ◽  
The People ◽  
Different Types ◽  
Shed Light

In Roman times there was a massive import of olive-oil from Baetica (actualAndalusia) to feed the army at the Limes in Rhineland and Scotland. ThisMediterranean product was transported in large amphorae of the Dressel 20type that bear different types of epigraphy: graffiti, stamps en tituli picti (paintedinscriptions). The Low Countries forming the Hinterland took part inthis commerce, hence the discovery of large amounts of amphora fragments,still bearing regularly epigraphy. This written heritage is not only ill-knownand neglected in the Benelux, but also threatened because of the bad conditionsin which they are collected and stored. The information provided bythese epigraphical sources is of uppermost importance to the knowledge ofthe ancient economy in the Empire, as well in the south as in the north andrepresents an important witness of romanisation. They shed light on the productionof the amphorae and the olive-oil in Baetica, and on its commercialisationto the northern fringes of the Empire, giving at the same time thenames of all the people involved in these activities.

PENGUATAN KEDUDUKAN DAN KEWENANGAN KONSTITUSIONAL DPD RI DALAM PERSPEKTIF UUD NEGARA RI TAHUN 1945

Veritas ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 99-115
Author(s):  
Damrah Mamang
Keyword(s):  
Stages Of Change ◽  
State Institution ◽  
Constitutional Amendment ◽  
Political Decision ◽  
Reform Era ◽  
Decision Authority ◽  
The People ◽  
The Future ◽  
The Republic ◽  
The Relationship

The dynamics in the system and structure of the Indonesian constitution began in the reform era so quickly developed. All can run properly and correctly because it was initiated by reforming the constitution through an amendment or constitutional amendment mechanism (the 1945 Constitution) in four stages of change (1999 - 2002). One of the essence of the amendment, gave birth to the Regional Representative Council (DPD RI) as a state institution with its constitutionality can be found explicitly in Chapter VIIA Article 22 C Paragraph 1 - Paragraph 4 and Article 22 D Paragraph 1 - Paragraph 4. And UUNO. 17 of 2014 Jo UUNo.2 of 2018 concerning the MPR, DPR, DPD, DPRD. As a new post-amendment state institution, the DPD is designed as a strong bicameral second chamber of our parliament which was originally only unicameral, namely the DPR RI as a state institution and a representative institution of the people. But one of the characteristics of bicameral is if both parliamentary chambers carry out the legislative function as they should. However, if examined carefully until now based on the substitution of article 22 C and Article 22D of the 1945 Constitution of the Republic of Indonesia in 1945 the authority and authority of the DPD is still very limited. So that as an organic law does not give much space for the implementation of authority to the DPD in carrying out its main duties and functions, especially the legislative function like the DPR. For this reason, in order to strengthen and empower the future, the DPD's consistency and authority need to get priority place in the context of the subsequent amendments to the 1945 Constitution of the Republic of Indonesia as the Holder of strategic and fundamental national political decision authority. Everything is inseparable from the problems in the DPD now is a matter of the authority granted by the constitution to him, especially in the context of the legislative function to make laws. Its existence is expected to bridge the relationship between the center and the regions, in a two-chamber parliamentary frame which has strong bicameralism authority.  

The Abuse of Constituent Power

2021 ◽  
pp. 116-151
Author(s):  
Rosalind Dixon ◽  
David Landau
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Law ◽  
Term Limits ◽  
Constitutional Amendment ◽  
Military Coup ◽  
Elected Officials ◽  
Constituent Power ◽  
The People ◽  
Constitutional Identity

This chapter explores the abusive borrowing of ideas related to constituent power—the concept that all power ultimately stems from the people, and which thus reserves power to the people to replace their constitution, while limiting the ability of ‘constituted’ institutions to make fundamental changes. It shows how constituent power theory has been abused to legitimate anti-democratic Constituent Assemblies, including twice in recent years in Venezuela. It also demonstrates how the unconstitutional constitutional amendment doctrine has been wielded throughout Latin America to eradicate presidential term limits, on the argument that they are infringements of the human rights of both voters and elected officials. Finally, it explores the anti-democratic use of international law doctrines related to constituent power: the abuse of ‘unconstitutional government’ norms to justify a military coup in Fiji, and the wielding of the European Union’s constitutional identity doctrines for illiberal or anti-democratic ends in Hungary and Poland.

Amending the constitution

Legal Studies ◽  
2016 ◽  
Vol 36 (1) ◽  
pp. 75-92
Author(s):  
Ian Cram
Keyword(s):  
Informed Consent ◽  
Constitutional Reform ◽  
Constitutional Amendment ◽  
Constitutional Change ◽  
Civic Society ◽  
The People ◽  
The Face ◽  
Managed Change ◽  
Scottish Independence ◽  
The Uk

How easy ought it to be to enact constitutional amendment? In the absence of constitutionally prescribed procedures, fundamental reforms in the UK can often appear hurried, under-consultative and controlled by transient political majorities. In the recent referendum on Scottish independence, the NO campaign's promise of additional powers to Holyrood in the face of a possible ‘Yes’ vote appears to fit this pattern (even if, for reasons of political sensitivity, it was not driven directly by members of the Coalition government). A recent sample of concluded constitutional reforms, including the Constitutional Reform Act 2005, the Constitutional Reform and Governance Act 2010 and the Fixed-term Parliaments Act 2011, have drawn criticism from within Westminster on the grounds of defective process. Specific options to improve pre-parliamentary and parliamentary stages of constitutional reform have been proposed with a view to attaining principled procedures of constitutional reform removed from executive control that signal attachment to process values such as wide and effective consultation, deliberation outside and inside Parliament, and informed scrutiny. The foregoing prescriptions for remedying defective processes may, however, be said in the ultimate analysis to retain a normative preference for a more formal, elite-managed vision of constitutional change that is premised upon a limited conception of the citizens' ‘informed consent’. In any case, in purely descriptive terms, top-down managed change does not capture the totality of patterns of past constitutional reform in the UK. In the nineteenth and early twentieth centuries, for example, radical grassroots campaigns for the extension of the franchise resulted ultimately in universal adult suffrage. More recently, the Scotland Act 1998 can be seen as the culmination of a civic society–led, deliberative engagement with ordinary voters over decades that offered an alternative vision of ‘bottom-up’ constitutional reform to that seen in more formal, elite-led processes of constitutional reform. The inclusive and participatory nature of the campaign for Scottish devolution marked out a radically different model of constitutional reform to that which has typified Westminster-style amendment and which is still largely directed by political elites. In such circumstances as prevail currently at Westminster, it is difficult to give much credence to claims that the outcomes of constitutional reform processes enjoy the ‘informed consent’ of the people.

CASTING MAIZE SEEDS IN AN AYÖÖK COMMUNITY: AN APPROACH TO THE STUDY OF DIVINATION IN MESOAMERICA

2016 ◽  
Vol 27 (2) ◽  
pp. 461-478
Author(s):  
Araceli Rojas
Keyword(s):  
Visual Culture ◽  
The Past ◽  
Complicated System ◽  
Maize Seeds ◽  
The People ◽  
Shed Light

AbstractRecent investigation among the Ayöök (Mixe) people of Oaxaca showed that the on-going use of a 260-day calendar complements the divinatory technique of casting maize seeds. This paper offers a detailed description of this mantic practice as a means to approach and better understand precolonial divinatory practices and the people who practiced them, such as thetonalopouhqueamong the Nahua. In particular, this new data will also serve to shed light on the use of the pictorial manuscripts that portray the 260-day calendar, such as the so-called Borgia Group Codices. Along these lines, historical and colonial accounts, origin narratives, visual culture, and the archaeology surrounding divination will also be re-examined. This article will show that, similar to the Ayöök contemporary daykeepers and diviners, those that lived in the past were also wise women and men who were specialized in managing the complicated system of symbolism surrounding prognostication and prescription set out over 260 days. Furthermore, they employed divination for medical purposes and aided people with afflictions, curing them of sickness.

Travel Writing, Experiences, and Silences: What is Left Out of European Travelers' Accounts—the Case of Richard D. Mohun

1997 ◽  
Vol 24 ◽  
pp. 53-70 ◽  
Author(s):  
Kathryn Barrett-Gaines
Keyword(s):  
Nineteenth Century ◽  
Economic History ◽  
Central Africa ◽  
West African ◽  
Turn Of The Century ◽  
African History ◽  
The People ◽  
History Of ◽  
The Relationship ◽  
Shed Light

Recent contributions to this journal have taken various approaches to travelers's accounts as sources of African history. Elizabeth de Veer and Ann O'Hear use the travel accounts of Gerhard Rohlfs to reconstruct nineteenth-century political and economic history of West African groups who have escaped scholarly attention. But essentially they use Rohlfs' work as he intended it to be used. Gary W. Clendennen examines David Livingstone's work to find the history under the propaganda. He argues that, overlooking its obvious problems, the work reveals a wealth of information on nineteenth-century cultures in the Zambezi and Tchiri valleys. Unfortunately, Clendennen does not use this source for these reasons. He uses it instead to shed light on the relationship between Livingstone and his brother.John Hanson registers a basic distrust of European mediated oral histories recorded and written in the African past. He draws attention to the fact that what were thought to be “generally agreed upon accounts” may actually reflect partisan interests. Hanson dramatically demonstrates how chunks of history, often the history of the losers, are lost, as the history of the winners is made to appear universal. Richard Mohun can be seen to represent the winners in turn-of-the-century Central Africa. His account is certainly about himself. I attempt, though, to use his account to recover some of the history of the losers, the Africans, which Mohun may have inadvertently recorded.My question is double; its two parts—one historical, one methodological—are inextricably interdependent. The first concerns the experience of the people from Zanzibar who accompanied, carried, and worked for Richard Dorsey Mohun on a three-year (1898-1901) expedition into Central Africa to lay telegraph wire. The second wonders how and how well the first question can be answered using, primarily, the only sources available to me right now: those written by Mohun himself.

scholarly journals ‘Ekam sad viprā basathudhā vadanti’ - inclusivism - the idea of a reformed Hinduism in the iconographic program of the Birla temples

2021 ◽  
Vol 54 (2) ◽  
pp. 109-129
Author(s):  
Marta Kudelska ◽  
Agnieszka Staszczyk ◽  
Agata Świerzowska
Keyword(s):  
Common Theme ◽  
Practical Realization ◽  
The People ◽  
Hindu Temples

The fundraising activity initiated by the Birla family in India resulted in the construction of more than 20 Hindu temples, commonly referred to as the Birla Mandirs. Although they vary in terms of architectural forms and iconographic programs it seems, that one basic and common theme remains - to show reformed Hinduism as a religion that is the pillar of the identity of the people of New India. It is understood at the same time as separate but also higher than other great religions, yet assuring a place within its confines for all of them. It is – as the authors argue in this paper - the practical realization of the thought expressed in the Ṛgveda(I 164.46) and repeatedly referred to in the Birla temples as ‘ekam sad viprā bahudhā vadanti’, which seems to be the motto of all foundations of the Birla family.

scholarly journals Figuring out the Varieties in Reporting News with an Eye on Translation and Semiotics

2019 ◽  
Vol 3 (1) ◽  
pp. 32-36
Author(s):  
Huda Y. Abdulwahid
Keyword(s):  
The People ◽  
Semiotic Approach ◽  
The World ◽  
Verbal Messages ◽  
Shed Light

Although most of the people focus on the written message and forget about other non-verbal messages, some researchers keep looking for other signal that might send some messages but are stronger enough to affect the readers. This research is an attempt to figure out the size of the blackout that we experience in the world concerning reporting  news.  The reasons behind such vagueness are the factors encompassed in delivering the news  like the translator’s viewpoint and signs translation.  The semiotic approach has been used to shed light on these elements and to raise the attention of readers before taking every little news guaranteed.  

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