scholarly journals TECNICAMENTE, A PRIMEIRA CONSTITUIÇÃO DO BRASIL * TECHNICALLY, THE FIRST CONSTITUTION OF BRAZIL

2015 ◽  
Vol 4 (3) ◽  
pp. 204
Author(s):  
Wagner Silveira Feloniuk
Keyword(s):  
North America ◽  
Political Thought ◽  
Legal History ◽  
Separation Of Powers ◽  
Portuguese Text ◽  
Historical Study ◽  
The Political ◽  
Bill Of Rights ◽  
Old Regime

<div><strong>Resumo:</strong> Artigo propondo o reconhecimento das Bases da Constituição da Monarquia Portuguesa como a primeira norma a viger no Brasil como Constituição. O texto português vigeu a partir de 9 de março de 1821 no Brasil. A norma se proclama Constituição, tem declaração de direitos, separação de poderes, foi outorgada pelo detentor da soberania (no sistema do antigo regime) e, portanto, tem todos os requisitos para ser, ainda que apenas tecnicamente, a primeira Constituição em território brasileiro. É realizado estudo histórico do contexto da norma, tanto para apresentar seu conteúdo liberal quanto para verificar dados que indiquem sua efetiva vigência no Brasil. Também se apresenta o conteúdo da norma para aferir a real ligação dela com o pensamento político que se desenvolvia na Europa e América do Norte.</div><div> </div><div><strong>Palavras-chave:</strong> Bases da Constituição da Monarquia Portuguesa; Constitucionalismo; Portugal; Brasil; História do Direito.</div><div> </div><div><strong>Abstract:</strong> Paper proposing the recognition of the Bases of the Constitution of the Portuguese Monarchy as the first rule into effect in Brazil as Constitution. The Portuguese text was put into effect in March 9, 1821 in Brazil. The rule proclaims itself a Constitution, it has a bill of rights, separation of powers, and it was imposed by the sovereign holder (in the old regime system) and therefore has all the requirements to be, even if only technically, the first constitution in Brazilian territory. It is conducted a historical study of the context of the rule, both to present its liberal content and to verify data indicating their effectiveness in Brazil. It is also presented the contents of therule to measure its the actual link with the political thought that was being developed in Europe and North America.</div><div> </div><div><strong>Keywords:</strong> Bases of the Constitution of the Portuguese Monarchy; Constitucionalism; Portugal; Brazil; Legal History.</div>

Introduction

2018 ◽  
pp. 1-28
Author(s):  
John B. Nann ◽  
Morris L. Cohen
Keyword(s):  
Social History ◽  
Legal History ◽  
The United States ◽  
Historical Research ◽  
The Political ◽  
Bill Of Rights ◽  
History Of ◽  
The Law ◽  
The U.S

This introductory chapter provides an overview of legal history research. An attorney might conduct legal history research if the law at question in a legal dispute is very old: the U.S. Constitution and the Bill of Rights are well over two hundred years old. Historical research also comes into play when the question at issue is what the law was at a certain time in the past. Ultimately, law plays an important part in the political and social history of the United States. As such, researchers interested in almost every aspect of American life will have occasion to use legal materials. The chapter then describes the U.S. legal system and legal authority, and offers six points to consider in approaching a historical legal research project.

Japan

2021 ◽  
pp. 115-132
Author(s):  
Steven Gow Calabresi
Keyword(s):  
World War Ii ◽  
Supreme Court ◽  
Judicial Review ◽  
Separation Of Powers ◽  
The Political ◽  
Bill Of Rights ◽  
Checks And Balances ◽  
Rubber Stamp ◽  
The Supreme Court ◽  
The Government

This chapter looks at the Japanese experience with judicial review. The Supreme Court of Japan does not enforce those parts of the Japanese Constitution, like Article 9, which prohibits war making; Article 21, which protects freedom of speech; or Article 89, which forbids taxpayer money from being used to hire Shinto priests. The Supreme Court of Japan thus refuses to enforce important articles in the Constitution of Japan. It does rubber stamp and thus legitimize actions taken by the political branches of the government. Why has judicial review of the constitutionality of legislation failed to take root in Japan? Japan does not need either a federal or a separation of powers umpire, since Japan is, firstly, a unitary nation-state with no need for a federalism umpire; and, secondly, a parliamentary democracy with a weak upper house of the legislature. Moreover, Japan has never atoned for the wrongs it committed during World War II nor has it truly admitted to even having done the horrible things that Japan did. A nation cannot get rights from wrongs judicial review and a Bill of Rights unless it admits it has done something wrong. Finally, the Japanese Constitution contains an inadequate system of checks and balances. As a result, the Supreme Court of Japan may not have the political space within which it can assert power.

Introduction: when ideas travel: political theory, colonialism, and the history of ideas

2017 ◽  
Author(s):  
Burke A. Hendrix ◽  
Deborah Baumgold
Keyword(s):  
North America ◽  
Early Modern ◽  
Social Contract ◽  
Political Thought ◽  
Social Contexts ◽  
History Of Ideas ◽  
The Political ◽  
History Of Political Thought ◽  
Political Ideas ◽  
History Of

Ideas travel. The history of political thought as it has generally been studied is deeply interested in these forms of travel and in the transformations that occur along the way. Ideas of a social contract first crystallize in the England of Hobbes and Locke, and then travel in branching ways to Jefferson’s North America, Robespierre’s France, Kant’s Prussia, and elsewhere. In their travels, these ideas hybridize with others, are repurposed in new social contexts, and often take on political meanings deeply divergent from what their originators intended. Students of the history of political thought are acutely aware of these complexities in the development of European political ideas during the early modern and modern eras, given the centrality of such ideas for shaping the political worlds in which we now live....

Colonial Exchanges

2017 ◽  
Keyword(s):  
North America ◽  
French Revolution ◽  
Political Thought ◽  
The Philippines ◽  
The Political ◽  
Political Ideas ◽  
The Relationship ◽  
The French Revolution

Scholars of political thought have given a great deal of attention to the relationship between European political ideas and colonialism, especially to whether prominent thinkers supported or opposed colonialism. But little attention has so far been given to the reactions of those in the colonies to European ideas, where intellectuals actively sought to transform those ideas, deploying them strategically or adopting them as their own. A full reckoning of colonialism's effects requires attention to their intellectual choices and the political efforts that accompanied them, which sometimes produced surprising political successes. The contributors to this volume include a mix of political theorists and intellectual historians who seek to grapple with specific thinkers or contexts. Contributors focus on colonised societies including India, Haiti, the Philippines, Egypt, Morocco, Nigeria, and the settler countries of North America and Oceana, in times ranging from the French Revolution to the modern day.

The Political Thought of Joseph De Maistre

1949 ◽  
Vol 11 (1) ◽  
pp. 63-86 ◽  
Author(s):  
John C. Murray
Keyword(s):  
Political Thought ◽  
The Political ◽  
French History ◽  
Old Regime

With the restoration of the Bourbons to the throne of France, there began one of the most intellectually fruitful periods in French history. The French suddenly had a greater freedom than had been enjoyed for some time, and as Lamartine tells us, “scarcely was the Empire overturned, when people began to think, to write, and to sing again in France. … All that had been hitherto silent now began to speak.” In politics, all sides had powerful spokesmen. But the old regime, suddenly given a new lease on life, seldom before had been favored with such brilliant apologists as Chateaubriand, Bonald, Lamen-nais, and Joseph de Maistre, the prophète du passé. One thing should be made clear. That Maistre's political thought was superior to that of the others of this school, there can be little doubt. But that Maistre was the chief exponent of the reaction during the Restoration is a fact rather falsely assumed of at least open to exceeding doubt.

The Political Thought of the Young Turk Revolution

2017 ◽  
Author(s):  
Banu Turnaoğlu
Keyword(s):  
Political Thought ◽  
Separation Of Powers ◽  
Third Republic ◽  
The Political ◽  
Political Language ◽  
The Third ◽  
State And Society ◽  
Liberal Constitutionalism ◽  
Second Constitutional Period ◽  
Institutional Foundations

This chapter analyzes how the Young Turk Revolution of 1908 had provided a different conception of what politics should mean and how it should operate in the Ottoman Empire, along with a new conception of state and society. Drawing on the political language of the French Third Republic, democracy and liberal republican ideas slowly transformed the terminology and categorization of central issues in Ottoman politics and laid the most salient intellectual and institutional foundations for the young Republic. The revolution opened the Second Constitutional period (1908–18). Its first phase revitalized the liberal constitutionalism of the Young Ottomans. Political thinking drew heavily upon Montesquieu's formula for the separation of powers in combination with the ideas of the Third Republic and Ottoman positivism.

Simone Weil

2018 ◽  
Author(s):  
Beatrice Marovich
Keyword(s):  
Political Thought ◽  
The Political ◽  
Sovereign Power ◽  
Bare Life ◽  
Intellectual Curiosity ◽  
Creation Theology ◽  
Simone Weil

Few of Giorgio Agamben’s works are as mysterious as his unpublished dissertation, reportedly on the political thought of the French philosopher Simone Weil. If Weil was an early subject of Agamben’s intellectual curiosity, it would appear – judging from his published works – that her influence upon him has been neither central nor lasting.1 Leland de la Durantaye argues that Weil’s work has left a mark on Agamben’s philosophy of potentiality, largely in his discussion of the concept of decreation; but de la Durantaye does not make much of Weil’s influence here, determining that her theory of decreation is ‘essentially dialectical’ and still too bound up with creation theology. 2 Alessia Ricciardi, however, argues that de la Durantaye’s dismissal of Weil’s influence is hasty.3 Ricciardi analyses deeper resonances between Weil’s and Agamben’s philosophies, ultimately claiming that Agamben ‘seems to extend many of the implications and claims of Weil’s idea of force’,4 arguably spreading Weil’s influence into Agamben’s reflections on sovereign power and bare life.

Challenges of the parliamentary system in Iraq after 2003

2019 ◽  
Vol 3 (10) ◽  
pp. 101
Author(s):  
Emad Wakaa Ajil
Keyword(s):  
Political System ◽  
Separation Of Powers ◽  
Political Process ◽  
The United States ◽  
Arab Countries ◽  
The Political ◽  
Parliamentary System ◽  
Political Transformations ◽  
The Us ◽  
Long Time

Iraq is one of the most Arab countries where the system of government has undergone major political transformations and violent events since the emergence of the modern Iraqi state in 1921 and up to the present. It began with the monarchy and the transformation of the regime into the republican system in 1958. In the republican system, Continued until 2003, and after the US occupation of Iraq in 2003, the regime changed from presidential to parliamentary system, and the parliamentary experience is a modern experience for Iraq, as he lived for a long time without parliamentary experience, what existed before 2003, can not be a parliamentary experience , The experience righteousness The study of the parliamentary system in particular and the political process in general has not been easy, because it is a complex and complex process that concerns the political system and its internal and external environment, both of which are influential in the political system and thus on the political process as a whole, After the US occupation of Iraq, the United States intervened to establish a permanent constitution for the country. Despite all the circumstances accompanying the drafting of the constitution, it is the first constitution to be drafted by an elected Constituent Assembly. The Iraqi Constitution adopted the parliamentary system of government and approved the principle of flexible separation of powers in order to achieve cooperation and balance between the authorities.

Парламент или Советы: российский выбор 1918 года

2016 ◽  
Vol 14 (3) ◽  
pp. 93-99
Author(s):  
Игорь А. Исаев
Keyword(s):  
Legal History ◽  
Direct Action ◽  
The State ◽  
European Countries ◽  
The Political ◽  
Political Systems ◽  
Basic Principles ◽  
Political Form ◽  
The Revolution

The article deals with one of the most important issues in the Soviet political and legal history. The choice of the political form that was established almost immediately after the victory of the Bolsheviks in the Revolution of 1917, meant a change in the direction of development of the state. Councils became an alternative to the parliamentary republic. The article analyzes the basic principles of both political systems and the reasons for such a choice. The author emphasizes transnational political direction of the so-called “direct action” which took place not only in Russia, but also in several European countries.

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