scholarly journals Are There “Sources of Resilience” When the Separation of Powers Breaks Down?

2021 ◽  
Vol 30 (4) ◽  
pp. 25-36
Author(s):  
Arjun Tremblay
Keyword(s):  
Political Power ◽  
Separation Of Powers ◽  
The Political ◽  
Political Ambition ◽  
Checks And Balances ◽  
The People ◽  
Legislative Branch ◽  
Parliamentary Systems ◽  
The Many ◽  
The One

Jacob Levy describes three variants of the separation of powers in the 31st Annual McDonald Lecture in Constitutional Studies, only one of which is germane to this reflection. The first variant he describes is based solely on the independence of the judiciary from both the executive and legislative branches of governments; consequently, this variant encompasses both presidential and parliamentary systems under its conceptual ambit. Another variant, which Levy attributes to Montesquieu, envisages the separation of powers between executive, judicial, and legislative branches as a way of allowing for the “pooled”1 rule of “the one” (i.e. monarch), “the few” (i.e. aristocrats), and “the many” (i.e. the people). Levy also describes a distinctly American variant of the separation of powers undergirded by a system of checks and balances. This variant was designed to ensure “mutual monitoring between executive and legislative”2 and it vests the legislative branch with the power to impeach the executive in order to “maintain effective limits on the political power and the political ambition of the president.”3

The Constitution of the Roman Republic

2020 ◽  
pp. 47-84
Author(s):  
Eric A. Posner
Keyword(s):  
Roman Republic ◽  
Agency Theory ◽  
Separation Of Powers ◽  
The Political ◽  
American Constitution ◽  
Political Class ◽  
Checks And Balances ◽  
Military Forces ◽  
The People ◽  
Governmental Functions

The constitution of the Roman Republic featured a system of checks and balances that would eventually influence the American founders, yet it was very different from the system of separation of powers that the founders created. The Roman senate gave advice but did not legislate; the people voted directly on bills and appointments in popular assemblies; and a group of magistrates, led by a pair of consuls, proposed bills, brought prosecutions, served as judges, led military forces, and performed other governmental functions. This chapter analyzes the Roman constitution from the perspective of agency theory, and argues that the extensive checks and balances, which were intended to prevent the recurrence of monarchy, may have gone too far. Suitable for an earlier period in which the population was small and the political class was homogenous, the constitution proved unworkable when Rome acquired a vast, diverse empire. The lessons of Roman constitutionalism for the American constitution are also discussed.

The Russian Doukhobors and their Religious Teachings

1915 ◽  
Vol 8 (1) ◽  
pp. 62-81
Author(s):  
Aurelio Palmieri
Keyword(s):  
Political Power ◽  
The Other ◽  
European Countries ◽  
The Political ◽  
The People ◽  
Religious Sects ◽  
The One

Of all European countries Russia is the most prolific in religious sects. Distrust of the Orthodox state church, on the one hand, which is regarded as too closely allied to the political power and unmindful of its duties to the people, and, on the other, religious ignorance with its consequent superstition, have given rise to innumerable sects, which range from religious nihilism to the most rigid traditionalism.

Epilogue: What Is to Be Done?

2020 ◽  
pp. 265-268
Author(s):  
Camila Vergara
Keyword(s):  
Political Action ◽  
Political Power ◽  
Point Of View ◽  
Structural Reforms ◽  
Revolutionary Change ◽  
The People ◽  
Revolutionary Politics ◽  
The Many ◽  
The One ◽  
Power And Authority

This chapter discusses possible scenarios in which plebeian power could be institutionalized from the point of view of revolutionary politics. It argues that if the aim of revolution is liberty, which demands self-emancipatory political action, then revolutionary change could be achieved without the need of an outright revolution. It also refers to the redistribution of political power that could be done by revolutionary reformers within the boundaries of the Constitution or by the people themselves, claiming collective power and authority by disrupting the ordinary administration of power with their extraordinary political action in local assemblies. The chapter emphasizes that the only power with enough authority to lead structural reforms would be the one exerted by the assembled many themselves. It reviews the proposed blueprint for institutionalizing the power of the many that contributes to guiding prudent and able leaders, revolutionary vanguards, and commonsense people.

The English Crisis of 1297 in the Light of French Experience

1979 ◽  
Vol 18 (2) ◽  
pp. 1-13 ◽  
Author(s):  
Charles T. Wood
Keyword(s):  
Good Deal ◽  
The Political ◽  
English History ◽  
French Experience ◽  
Political Principle ◽  
The Many ◽  
The One ◽  
Remarkable Agreement ◽  
Edward I

Among the familiar sights crowding the landscape of English history from the dooms of Ine to that crown plucked from a hawthorn bush at Bosworth, none is more deeply cherished than the crisis of 1297 and the “Confirmation of the Charters” to which it gave rise. For, despite all the sharp differences over detail that the documentation for this crisis has engendered, scholars have shown remarkable agreement in seeing it as the one defeat suffered by Edward I in a long and notably successful reign. And to that defeat they have attributed great constitutional significance. Stubbs set the pattern, calling the “result singularly in harmony with what seems from history and experience to be the natural direction of English progress,” and Wilkinson is only one among the many who have recently elaborated on that theme:The crisis of 1297 … placed a definite check on the tendencies which Edward I had shown, to ignore the deep principles of the constitution under stress of the necessities which confronted the nation … It was a landmark in the advance of the knights … toward political maturity. It helped to establish the tradition of co-operation and political alliance between the knights and the magnates, on which a good deal of the political future of England was to depend …. What the opposition achieved, in 1297, was a great vindication of the ancient political principle of government by consent ….

scholarly journals Role of political parties in modern processes of state building in Ukraine

2020 ◽  
Vol 3 (3) ◽  
pp. 7-12
Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Local Governments ◽  
Political Power ◽  
State Building ◽  
The Political ◽  
Public Authorities ◽  
The People ◽  
Problematic Situations

The article examines the role of political parties in modern state-building processes in Ukraine. The place of political parties in the political and legal system of society is determined. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered. It is noted that political parties play an important role in the organization and exercise of political power, act as a kind of mediator between civil society and public authorities, influence the formation of public opinion and the position of citizens directly involved in elections to public authorities and local governments. It is determined that in a modern democratic society, political parties carry out their activities in the following areas: the work of representatives of political parties in public authorities and local governments; participation in elections of state authorities and local self-government bodies; promoting the formation and expression of political will of citizens, which involves promoting the formation and development of their political legal consciousness. These areas of political parties determine their role and importance in a modern democratic society, which determines the practical need to improve their activities and improve the national legislation of Ukraine in the field of political parties. Political parties are one of the basic institutions of modern society, they actively influence the ac-tivities of public authorities, economic and social processes taking place in the state and so on. It is through political parties that the people participate in the management of public affairs. Expressing the interest of different social communities, they become a link between the state and civil society. The people have the opportunity to delegate their powers to political parties, which achieves the ability of the people to control political power in several ways, which at the same time through competition of state political institutions and political parties contributes to increasing their responsibility to the people. It is noted that the political science literature has more than 200 definitions of political parties. And approaches to the definition of this term significantly depend on the general context in which this issue was studied by the researcher. It was emphasized that today in Ukraine there are important issues related to the activities of political parties. First of all, it is a significant number of registered political parties that are incapable, ie their political activity is conducted formally or not at all. According to official data from the Department of State Registration and Notary of the Ministry of Justice of Ukraine, 352 political parties are registered, of which 48 political parties do not actually function. The reason for the liquidation of such parties is not to nominate their candidates for the election of the President of Ukraine and People's Deputies of Ukraine for 10 years. According to this indicator, Ukraine ranks first among other European countries. Thus, 73 political parties are officially registered in Latvia, 38 in Lithuania, 45 in Moldova, 124 in Romania, and 56 in Slovakia. However, despite the large number of officially registered political parties in Ukraine, public confidence in their activities is low. It is concluded that political parties occupy a special place in the political and legal system of society and play an important role in the organization and exercise of political power, as well as a kind of mediator between civil society and public authorities. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered, namely: introduction of effective and impartial control over activity of political parties; creating conditions for reducing the number of political parties, encouraging their unification; establishment of effective and efficient sanctions for violation of the requirements of the current legislation of Ukraine by political parties.

Mrs Gandhi’s Personalisation of Power, 1966–1975

2021 ◽  
pp. 275-312
Author(s):  
Christophe Jaffrelot ◽  
Pratinav Anil
Keyword(s):  
Power Structure ◽  
The Political ◽  
Internal Factors ◽  
Authoritarian Personality ◽  
Checks And Balances ◽  
Political Situation ◽  
Congress Party ◽  
The People ◽  
The Government

This chapter focuses on the internal factors that led to the declaration of the Emergency. It primarily explores Mrs Gandhi’s authoritarian personality and the deinstitutionalisation of the Congress Party. The power structure within the Congress, especially after Mrs Gandhi split the party in 1969, meant that checks and balances ceased to exist. This factionalism enabled her to impose her authoritarian tendencies on the government as safeguards were dismantled. The chapter further explores the relation between authoritarianism and populism. It uses the political situation in India from the late 1960s to the early 1970s as an illustration. Mrs Gandhi, like other populist leaders, was convinced that she was the people of India. This idea was epitomised by D. K. Barooah’s slogan: ‘Indira is India and India is Indira.’

scholarly journals Ustav, populizam i kraj liberalne demokracije - "referendumanija" ugrožava temelje ustavnog poretka

2019 ◽  
Vol 56 (4) ◽  
pp. 761-784
Author(s):  
Branko Smerdel
Keyword(s):  
Political System ◽  
The Political ◽  
Constitutional Democracy ◽  
Political Struggle ◽  
Checks And Balances ◽  
The People ◽  
Long Time ◽  
The Republic ◽  
Parliamentary Supremacy ◽  
Political Groups

Democracies are at risk to be strangled by the populist demagogues, posturing as the only and true leaders of 'the people', while disregarding constitutional "structure of liberty", meaning that, the parliamentary supremacy, judicial review and, above all, the constitutional limits to the very direct decision making by the voters' constituencies. Referenda are being used ever more, often to push certain decision, which could not pass the parliament. The claim is that there must not be any limits to the power of the people. That phenomenon the most esteemed liberal magazine "The Economist" nicknamed coining the word "referendumania", apparently combining 'a mania' with 'referenda'. It has been received with a lot of sympathy by the general public, in circumstances when the television and the Internet shows all the misery of the numerous assemblies, not only in a new but also in the mature democracies. After the referendum on the Brexit has been used as an instrument of the political struggle in the mother of parliaments, Great Britain, which lead to the ongoing "melting down" of the highly valued British political system, it seems that the worst of prophecies are realized by advancing populist forces in a number of Euroepan states. Republic of Croatia has been for a long time exposed to such treats, by the political groups extremely opposed to governmental policies, first by the Catholic conservatives and most recently by the trade unionists. Due to the very inadequate regulation of the referenda on civil initiatives, whereas the decision is to be made by a majority of those who vote, without any quorum being provided, the posibilites of manipulation are enormous. In the lasting confusion, a number of politicians has already proclaimed their intention, if elected the president of the Republic, to use such a referendum in order to remove all the checks and balances between the chief of state and "the people". Taking such treats very seriously in the existing crisis of democracy, the author emphasizes hi plead for an interparty agreement which would enable the referendum to be properly regulated and thus incorporated into the system of a democratic constitutional democracy.

Lotman, Leibniz, and the semiospheric monad: Lost pages from the archives

Semiotica ◽  
2018 ◽  
Vol 2018 (224) ◽  
pp. 313-336
Author(s):  
Pietro Restaneo
Keyword(s):  
The Political ◽  
Political Aspect ◽  
Contemporary Debate ◽  
Archival Material ◽  
Political Sciences ◽  
European Culture ◽  
Soviet Russia ◽  
The Many ◽  
The One ◽  
Intellectual Journey

AbstractThroughout his life, Jurij Lotman lived at the crossroad between different worlds, ages, and cultures. The many authors, cultures, and ideas that shaped his thought and influenced his theories are scattered at either side of countless geographical, political, and cultural borders, beginning with the one that separates “Russian culture” from “European culture,” porous and ambiguous as any boundary.The task of reconstructing how Lotman’s ideas came to being, how they shifted their meaning as their context shifted, is more and more a crucial task not only for the historian. Many Lotmanian concepts, first and foremost that of semiosphere, are acquiring major relevance not only for semiotics itself and its branches, such as the rising political semiotics, but also for many neighboring disciplines, such as cultural studies and political sciences. Therefore, gaining a better understanding of the meaning of Lotman’s ideas could be of value also for the applied semiotician or the political analyst.The present paper is the result of research started in the Lotman Archives in Tallin, Estonia. Through an analysis of archival material, it aims at reconstructing the origins and meaning of the most political tropes of Lotman’s theories, especially what I will call his theory of the political subject. In the first part, I will argue that, in order to understand this political aspect of Lotman, it is necessary to take into consideration the intellectual debates inside which the author started his intellectual journey in 1930s–1940s Soviet Russia, and how he sought answers to those debates in the works of G. W. Leibniz.In the final part of the paper, I will try to show how this reconstruction of Lotman’s history could contribute to the contemporary debate in semiotics and other connected disciplines.

The People, Rhetoric, and Affect: On the Political Force of Du Bois'sThe Souls of Black Folk

2012 ◽  
Vol 106 (1) ◽  
pp. 188-203 ◽  
Author(s):  
MELVIN L. ROGERS
Keyword(s):  
Political Theory ◽  
The Other ◽  
The Political ◽  
Emotional States ◽  
Black Folk ◽  
The People ◽  
The Status ◽  
Souls Of Black Folk ◽  
Racial Lines ◽  
The One

In recent decades, the concept of “the people” has received sustained theoretical attention. Unfortunately, political theorists have said very little about its explicit or implicit use in thinking about the expansion of the American polity along racial lines. The purpose of this article in taking up this issue is twofold: first, to provide a substantive account of the meaning of “the people”—what I call its descriptive and aspirational dimensions—and second, to use that description as a framework for understanding the rhetorical character of W.E.B. Du Bois's classic work,The Souls of Black Folk, and its relationship to what one might call the cognitive–affective dimension of judgment. In doing so, I argue that as a work of political theory,Soulsdraws a connection between rhetoric, on the one hand, and emotional states such as sympathy and shame, on the other, to enlarge America's political and ethical imagination regarding the status of African-Americans.

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