scholarly journals Art. 11 of the Italian Constitution between text and context

2021 ◽  
Vol 1 (1) ◽  
pp. 188-195
Author(s):  
Laura Cappuccio
Keyword(s):  
Legal System ◽  
Scientific Community ◽  
The Political ◽  
Contemporary Debate ◽  
Constituent Assembly ◽  
History Of ◽  
International Legal System ◽  
Preparatory Work ◽  
Italian Constitution ◽  
Complete Interpretation

Abstract Luigi Bonanate’s book “Costituzione italiana: articolo 11” analyses Article 11 of the Italian Constitution through the prism of its application. Bonanate provides the reader, in a clear and compelling style, with a complete interpretation of Article 11, combining the analysis of the preparatory work in the Constituent Assembly with its doctrinal interpretation and political application. The book does not only analyse the drafting of this article, but also focuses on the “political history of Article 11”, on the contemporary debate by the scientific community and, finally, on its relations with the international legal system.

scholarly journals Islam's Attitude towards Democracy Comparative Study in International Human Rights Law

2016 ◽  
Vol 9 (1) ◽  
pp. 73
Author(s):  
Suhail Hussein Al-Fatlawi
Keyword(s):  
Legal System ◽  
Liberal Democracy ◽  
Fifth Century ◽  
The Political ◽  
Islamic State ◽  
International Human Rights Law ◽  
Legislative Authority ◽  
The People ◽  
History Of ◽  
Muslim Scholars

<p>Democracy was established in the Greek cities in the fifth century B.C. It is a liberal western system. In this regard, various Islamic countries applied democracy as a political and legal system where the people elect their representatives in the legislative authority in order to put the legal regulations that organize the human behavior.</p>The research included a brief idea about liberal democracy, its history and objectives, the political and legal system in the Islamic state, the dispute among Muslim scholars on the application of democracy in the Islamic states; some Muslim scholars refuse to apply democracy since the legal system in Islam relies on the Holly Qor'an and the Prophet's speeches, which are a biding regulation for Muslims, while other authors believe that Islam accepts democracy and others think that Islam should have its special democracy that differs from the liberal democracy. This paper discussed the political and legal systems that were applied the Islamic state during the history of Islam. Finally the paper presented the most conclusions and recommendations reached by the researcher.

A Civil Servant’s Adieu

2019 ◽  
pp. 193-236
Author(s):  
Arvind Elangovan
Keyword(s):  
Political History ◽  
Dominant Role ◽  
Fundamental Rights ◽  
The Political ◽  
Indian Constitution ◽  
Constituent Assembly ◽  
Postcolonial State ◽  
Political Interests ◽  
History Of ◽  
To Come

Contrary to Rau’s ideas, the framers of the Indian constitution, however, were deeply influenced by the political history that preceded the meeting of the Constituent Assembly. As a result, the framers privileged not only Fundamental Rights but also the postcolonial State and the latter’s right to intervene for the cause of social justice. Interestingly, the idea that mainly underscored this act of privileging was not so much to come together to create a state by submitting individual wills (as theorized by social contract theorists, for instance) but rather there was a deep mistrust between the different political interests that were at work in the Constituent Assembly. Thus, by the time of the drafting of the Indian constitution, political history played a dominant role, with norms giving way to a history of politics.

scholarly journals Nepal: From Constitutional Monarchy to a Republican State (1990-2008)

2020 ◽  
Author(s):  
Tri Ratna Manandhar
Keyword(s):  
Political Parties ◽  
The Political ◽  
Parliamentary System ◽  
Constituent Assembly ◽  
Head Of State ◽  
Good Government ◽  
History Of ◽  
Maoist Movement ◽  
Democratic Constitution ◽  
Constitutional Monarchy

The peoples’ movement of 1990 was a great landmark in the history of modern Nepal for it ended the three-decades of the old dictatorial rule of the king and established a parliamentary system with the king as a nominal head of state. But unfortunately, the country could not form a good government because of inter and intra-party conflicts. To add fuel to the flame, the rise of the Maoist movement and the royal massacre put the country in a state of confusion and uncertainty. The new king tried to revive dictatorial rule once again by suppressing the political parties and the Maoists. But his attempts failed, and the 19-day movement in 2006 re-established peoples’ sovereignty in the country. The first meeting of the elected constituent assembly in 2008 formally ended monarchy and declared Nepal a republic. But the first constituent assembly ended its four–year term without drafting a constitution. The second constituent assembly has pledged to promulgate a democratic constitution by January 2015, but all indications are that that the country is unlikely to get a constitution in time.  

scholarly journals Civilisation, Protection, Restitution: A Critical History of International Cultural Heritage Law in the 19th and 20th Century

2020 ◽  
Vol 22 (2-3) ◽  
pp. 329-354
Author(s):  
Sebastian M. Spitra
Keyword(s):  
Cultural Heritage ◽  
International Development ◽  
20Th Century ◽  
Legal System ◽  
Main Concept ◽  
Cultural Objects ◽  
Critical History ◽  
History Of ◽  
International Legal System ◽  
19Th And 20Th Century

Abstract This article provides a new narrative for the history of cultural heritage law and seeks to contribute to current legal debates about the restitution of cultural objects. The modern protection laws for cultural objects in domestic and international law evolved in the 19th and 20th century. The article makes three new arguments regarding the emergence of this legal regime. First, ‘civilisation’ was a main concept and colonialism an integral part of the international legal system during the evolution of the regime. The Eurocentric concept of civilisation has so far been an ignored catalyst for the international development of cultural heritage norms. Second, different states and actors used cultural heritage laws and their inherent connection to the concept of civilisation for different purposes. Third, the international legal system of cultural heritage partly still reflects its colonial roots. The current restitution discussions are an outcome of this ongoing problematic legal constellation.

Conundrum on the Eve of Decolonization

2019 ◽  
pp. 68-121
Author(s):  
Arvind Elangovan
Keyword(s):  
Political History ◽  
Political Conflict ◽  
The Body ◽  
The Political ◽  
Constituent Assembly ◽  
History Of

This chapter examines the political history of the tumultuous years leading up to several political discussions on the eve of India’s decolonization. Conventionally appreciated only for its politics, this chapter underscores the influence that this political history had on ideas of constitutionalism. Fundamentally, the chapter points out that the Constituent Assembly (the body that eventually framed independent India’s constitution) emerged out of this political conflict and hence any claim of a presumed sovereignty of the Constituent Assembly must be tempered in the light of this history.

scholarly journals The Islamist Trend in Egyptian Law

2010 ◽  
Vol 3 (3) ◽  
pp. 610-630 ◽  
Author(s):  
Tamir Moustafa
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
The State ◽  
The Political ◽  
The Past ◽  
Islamic Jurisprudence ◽  
History Of ◽  
Socio Economic Variables ◽  
The Impact ◽  
Principle Source

AbstractThe past four decades have witnessed profound transformations in the Egyptian legal system and in the Egyptian legal profession. Article 2 of the Egyptian Constitution now enshrines Islamic jurisprudence as the principle source of law, thus establishing an important symbolic marker at the heart of the state and opening avenues for Islamist activists to press litigation campaigns in the courts. Additionally, the Islamist trend gained prominence within the legal profession, a development that is particularly striking given the long and illustrious history of the Lawyer's Syndicate as a bastion of liberalism. Despite these significant shifts, however, Islamist litigation has achieved only limited legal victories. This article traces the political and socio-economic variables that underlie the Islamist trend in Egyptian law, and examines the impact of Islamist litigation in the Egyptian courts.

Bolstering the Proliferation Security Initiative at Sea: A Comparative Analysis of Ship-boarding as a Bilateral and Multilateral Implementing Mechanism

2006 ◽  
Vol 75 (2) ◽  
pp. 249-278 ◽  
Author(s):  
Fabio Spadi
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Legal Framework ◽  
The Political ◽  
The Us ◽  
Multilateral Agreements ◽  
Key Concepts ◽  
International Legal System ◽  
Proliferation Security Initiative ◽  
Definition Of

AbstractThe political significance of the PSI – and the implementation thereof – cannot reap its maximum potential if it is not supported by an adequate legal framework to regulate, inter alia, the interdiction of suspect vessels. The US Administration, very much the leading actor behind the Initiative, has been at the forefront of the efforts to develop an accompanying and effective international legal system, both at bilateral and multilateral levels, following the blueprint of what has already been accomplished in the area of counter-narcotics interdiction. However, the consent of the States involved remains paramount even within the context of the bilateral and multilateral agreements elaborated so far. These agreements, which are examined and compared in the article, in many ways do not attain the same sophistication as that of the counter-narcotics agreements. This is probably unavoidable, in light of the largely discretionary nature of the key concepts of the PSI, such as the definition of what are States or non-State actors of proliferation concern.

Introduction

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
Legal System ◽  
Legal History ◽  
Russian People ◽  
Legal Nature ◽  
History Of ◽  
Multiple Issues ◽  
International Legal System ◽  
The Law

This introductory chapter briefly reflects on the history of the law of making treaties in Russia. Treaties constitute the earliest surviving documents by at least a century and perhaps more in not only the legal history, but the general history, of the Russian people. The chapter discusses multiple issues which were embedded in the treaties of the ninth and tenth centuries, such as the form and legal nature of the document, ratification procedures, and so on. It considers how these issues interact with the existence of an international legal system as well as a domestic one. The chapter also looks at Russia's especially post-Soviet Russia's-responses to these issues and expounds on the importance of addressing them.

Sedition and the Judicial Discourse in Postcolonial India

2018 ◽  
pp. 176-224
Author(s):  
Anushka Singh
Keyword(s):  
Speech Act ◽  
Freedom Of Expression ◽  
Political History ◽  
The State ◽  
The Political ◽  
Public Order ◽  
Constituent Assembly ◽  
Judicial Discourse ◽  
History Of ◽  
The Law

It traces the discourse on freedom of expression in postcolonial idea, the security imperatives of the state, the political history of the law of sedition post-Independence and its journey within the courts. Through this, an attempt at conceptualizing public order, security of state and other grounds along which the act of sedition is penalized, is made. This chapter begins with debates on sedition within the Constituent Assembly and systematically takes these debates to the higher courts in India employing legal hermeneutics to read into the judgements and deduce a theory of sedition coming from the judiciary. The chapter treats the judicial pronouncements as contributing to the study of sedition as a speech act to identify what emerges as the crime of sedition within the legal-juridical regime in India.

Some Brief Conclusions

2017 ◽  
Author(s):  
Pierre-Marie Dupuy
Keyword(s):  
Legal System ◽  
Moral Duty ◽  
Current Crisis ◽  
Legal Thought ◽  
History Of ◽  
International Legal System

This chapter concludes the book, relating the observations in the history of international legal thought to the current crisis of the international legal system. It highlights the persistence of optimism as a moral duty and calls for continuous efforts to reconcile realism and utopia.

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